Title: Deed of Gift of Orange County Lands, 19 August 1784
From: Madison, James,Madison, James, Sr.
To:

[19 August 1784]
This indenture made the nineteenth day of August One Thousand Seven hundred eighty four Between James Madison the Elder of the County of Orange of One Part And James Madison the Younger his Son of the sd. County of the Other Part Witnesseth that the Said James Madison the elder in Consideration of Paternal affection and of five Shillings the Receipt of which is hereby Acknowledged Doth by these Presents grant bargain and Sell unto the Said James Madison his Son a Tract of land Situated in the Said County containing by estimation five hundred & sixty Acres (Conveyed to the Said James Madison the Elder by James Edmundson of the County of Essex by Deed dated the fifteenth day of September One Thousand Seven hundred Sixty Six Remaining of Record in the General Court) And Bounded by the lands of Johnny Scott, James Newman, Reubin Smith an infant, Prettyman Merry, And the Said James Madison the Elder To have And to hold the Said land unto the Said James Madison the Younger his heirs & Assigns to his And there own Use. In Witness Whereof the Parties have hereunto Set Their hands And Seals the day And Year Above Written

James Madison

James Madison Jur.

Sealed And Delivered in the Presence of

Jonathan Cowherd
Thomas Gilbert

Francis Cowherd
A. Madison

James Coleman


Title: From James Madison to Thomas Jefferson, 20 August 1784
From: Madison, James
To: Jefferson, Thomas

Editorial Note
The decision to introduce the Mississippi question in the context of JM’s experience is necessarily an arbitrary one because an open western waterway was among his concerns from the early days in Congress until the matter was settled by the Louisiana Purchase. The main point is that JM never looked upon the problem as a Virginia riddle. As a Virginia legislator he hoped to see citizens in the Kentucky district flourish through an easy access to ports via the Ohio and Mississippi rivers. But beyond that hope there was a greater realization that American nationality was involved, and thus JM’s perspective of the Mississippi was that of a chess player who was not so much concerned with the next Spanish move as with the eventual American victory.
When Europe looked to America for silver and pelts, the Mississippi “as the key to control of the Middle West,” was staked out early in the seventeenth century as a likely testing ground for national ambitions. The spilled blood of Spanish and French explorers solidified certain claims which English victories at sea and on land could not erase. Besides Hennepin and La Salle there were Cadillac and Pontchartrain, and even the memory of the “Mississippi Bubble” which haunted European finance. The direct line of JM’s concern, however, began with the Treaty of Paris of 1763, which gave England jurisdiction to all the land east of the Great River previously claimed by France. The wily maneuvers of American diplomats in 1782 gave the United States those same rights to the Upper Mississippi, while Spain retained the Floridas (Samuel Flagg Bemis, The Diplomacy of the American Revolution [1967 reprint], pp. 235, 263). Before the Revolution had been won Virginia had entrenched its western claims (originally ocean to ocean) by dispatching George Rogers Clark into the Illinois country on an expedition raised by the Commonwealth of Virginia. Whatever the navigation of the Mississippi had been before 1778, thereafter it was to be a problem of consequence to any political figure in Virginia. Clark’s so-called conquest by a handful of raw-boned Virginians and river-landing adventurers gave Virginia a heavy stake in the trans-Allegheny west which less kindly neighbors related to extensive western land speculation. While JM served on the Virginia Council of State in 1779 he knew that the Articles of Confederation had not been ratified, and the western lands were part of the problem, since states with no vast tracts beyond the mountains were intensely jealous. Meanwhile, reports of Spanish harassment of Americans moving into the Mississippi territory caused the Virginia legislature to speed up its activity. A western land office was opened and at about the same time Virginia made gestures offering to surrender all claims to lands north of the Ohio (Allan Nevins, The American States during and after the Revolution [New York, 1924], pp. 223–24). A Virginia bloc in Congress also gained passage on 5 August 1779 of a resolution staking an American claim to navigational rights on the Mississippi to the Gulf of Mexico (JCCWorthington Chauncey Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington,
        1904–37)., XIV, 926). Reinforcing this action, the Virginia legislature at its October 1779 session instructed its delegates in Congress to stand firm in any diplomatic negotiations touching on American rights to travel the western waters. In October 1780 JM was appointed chairman of a committee that soon reported on the Mississippi navigation dispute. JM had studied the moods and maneuvers of Congress that fall and became actively involved in the Mississippi debate. Spain’s jealousy and desire to close the river to American commerce were not secrets. Delegates from the West and South feared the Northerners might barter away the Westerners’ river rights in exchange for a Spanish market for codfish. That did not happen, but JM knew why it had not. The instructions to John Jay on 4 October 1780, which were a legal treatise on American rights to use the Mississippi, were explained by JM on 17 October 1780 (Papers of MadisonWilliam T. Hutchinson et al., eds., The
          Papers of James Madison (8 vols. to date; Chicago, 1962——)., II, 127–35). The game of diplomacy requires patience, JM learned, and sometimes concessions. He accepted the idea of conceding jurisdiction over part of the Mississippi to Spain early in 1781 and offered a motion withdrawing the previous insistence on complete navigational rights provided this move would remove an “obstacle to the speedy conclusion of an Alliance between his Catholic Majesty & these States” (ibid., II, 302). These gestures gained the young nation nothing, however. Spain threw restrictions on river traffic below the 31° parallel and “the Southwest stood in immediate danger of becoming commercially stagnant” (Frederic A. Ogg, The Opening of the Mississippi [New York, 1904], p. 418). Thereafter JM was on his guard against northern logrolling and the indifference of tidewater Virginians who thought the best way to tie the knot of union was with river routes from the Atlantic to the piedmont, leading to wagon roads through the great river gaps.
Washington and Jefferson were among JM’s friends who were more indifferent to the Mississippi problem than prudence allowed. During 1784 Jefferson “had for some months been concentrating attention primarily on developing the Potomac route to tap northwestern trade and bring it to Virginia ports; he had been a primary if not the determining influence in persuading Washington to sponsor that cause” (Boyd, Papers of JeffersonJulian P. Boyd et al., eds., The Papers of
          Thomas Jefferson (18 vols. to date; Princeton, N. J., 1950——)., VII, 408 n.). JM obviously believed that Jefferson’s new role at the French court would give his friend unusual opportunities to clarify the Mississippi situation to the French, and if possible gain support for the American position. After much study and many conversations, JM wrote Jefferson in his new capacity as the resident minister in Paris. In this significant letter JM tried to show Jefferson that, with or without the Potomac and James canals, legislation had been enacted which would channel much commerce to Virginia ports. At the same time, JM explained the great need to convince Europeans that a Spanish blockade of the Mississippi would hurt their pocketbooks as much as it would injure the Americans. In time, Jefferson came to share JM’s concern when, as secretary of state, he realized that linked with the Mississippi question was the western problem, and “the maintenance of the Union depended on a successful solution of it” (Malone, Jefferson, II, 408–9). Perhaps this seedling idea was planted in Jefferson’s mind when this letter reached Paris on 24 October 1784.
Dear Sir
Aug: 20. 1784
Your favor of the 1st. of July written on the eve of your embarkation from Boston was safely brought by your servant Bob who got thus far about the 20 of the same month. Along with it I recd. the pamphlet on the West: India Trade, and a copy of Deane’s letters. My last was written from Richmond on the adjournment of the Assembly and put into the hands of Mr. Short. It contained a cursory view of legislative proceedings, referring to the bearer for a more circumstancial one. Since the adjournment I have been so little abroad that I am unable to say with certainty how far those proceedings harmonize with the vox populi. I am led by the opinion of those who have better means of information, to suppose, that a large majority of the people either from a sense of private justice or of national faith, dislike the footing on which British debts are placed. The proceedings relative to an amendment of the Constitution seem to interest the public much less than a friend to the scheme would wish. The act which produces most discussion & agitation is that which restricts our foreign trade to the enumerated ports. Those who are devoted from either interest or prejudice, to the British trade and meditate a revival of the old plan of monopoly and credit, with those whose local situations give them or are thought to give them an advantage in large ships coming up and lying at their usual stations in the Rivers, are busy in decoying the people into a belief that trade ought in all cases to be left to regulate itself, that confining it to particular ports is renouncing the favour which nature intended in diffusing navigation throughout our country; and that if one sett of men are to be exporters and importers, another set to be carryers between the mouths & heads of the rivers, and a third retailers thro’ the country; trade, as it must pass thro’ so many hands all taking a profit from it, must in the end come dearer to the people, than if the simple plan sd. be continued which unites these several branches in the same hands. These and other objections, tho’ unsound, are not altogether unplausible; and being propagated with more zeal & pains by those who have a particular interest to serve, than proper answers are by those who regard the general interest only, make it very possible that the measure may be reversed before it is to take effect. Should it escape such a fate, it will be owing to a few striking and undeniable facts; namely: that goods are much dearer in Virginia than in the States where the trade is drawn to a general mart, that even goods brought from B[altimore]. & P[hiladelphi]a. to Winchester & other W. & S. W. parts of Virga. are retailed cheaper than those imported directly from Europe are sold on tide water: that generous as the present price of our Tobo. appears, that the same article has currently sold from 15 to 20 per Ct. at least higher in Pa. where, being as far from the ultimate market, it can not be intrinsically worth more; that scarce a single vessel from any part of Europe, other than the British dominions, comes into our ports, whilst vessels from so many other parts of Europe resort to other ports of America, almost all of them too in pursuit of the Staple of Virga. The exemption of our own Citizens from the operation of this law is another circumstance that helps to parry attacks on the policy of it. The warmest friends to the law disliked much this discrimination which gives it an illiberal aspect to foreigners but it was found to be a necessary Concession to prevailing sentiments. I still fear that many of them may mistake the object of the law to be a sacrifice of their conveniency to the encouragement of our mercantile citizens, whereas in reality it was as far as foreigners were in question only meant to reduce the trade of G. B. to an equality with that of other nations. The like discrimination between our own Citizens & those of other States contrary to the Confederation was an erratum which will no doubt be rectified. Notwithstanding the languor of our direct trade with Europe, this country has indirectly tasted some of the fruits of independence. The price of our last crop of Tobo. has on James River been from 36 to 42/6 per Ct. & has brought more specie into the Country than it ever before contained at one time. Much of it however which has been drained from the Northern States will return in payment for goods which continue to be imported in considerable quantities thro’ that channel. The price of hemp has been reduced as much by the peace as that of Tobo. has been raised, being sold in the back country as low as 18/ per Ct. Our crops of wheat have been rather scanty, owing partly to the rigors of the winter, partly to an insect
   the Chinch bug
 which in many places in the S. side of the J[ame]s. River has destroyed whole fields of that grain. They have in a few instances only appeared on this [side] of the river, crops of corn though injured in some places by the same insect will be the most excuberant remembered, and will spare plentiful supplies to the W. Indies if their European Masters will no longer deny themselves the benefit of such a trade with us. The crops of Tobo. will be much shortened by the want of early rains in many places, and the excessive rains of late in others; and more than either by a devouring multitudes of ground worms and grasshoppers everywhere. All these enemies however will not prevent a tolerable crop, if the seasonable weather which has latterly prevailed in most places, and produced the present prospects should continue. It will be politic I think for the people here to push the culture of this article whilst the price keeps up; it becoming more apparent every day that the richness of the soil & fitness of the climate on the Western waters will in a few years both reduce the price and engross the culture of it. This event begins already to be foreseen & to spread the demands for land on the Ohio. What think you of a guinea per acre being allready the price of choice tracts with sure titles? Nothing can delay such a revolution with regd. to our staple, but an impolitic & perverse attempt in Spain to shut the mouth of the Miss[issipp]i. agst. the trade of the inhab[itan]ts. above. I say delay, because she can no more finally resist the current of such a trade than she can stop that [of] the river itself. The importance of this matter begins to awaken much curiosity & enquiry among those who have shifted or mean to shift their fortunes into the W. country. I am frequently asked what progress has been made towards a treaty with Spain, and what may be expected from her liberality as to the Missi. the querists generally counting on an early ability to apply to less honorable motives, if that should be found inadequate. My answers have been both from ignorance & prudence evasive: I have not thought fit however to cherish unfavorable impressions, being more & more led, by revolving the subject to conclude that Spain will never be so mad as to persist in the doctrine She seems hitherto to have set up. For want of better materials for correspondence I will state the grounds on which I build my expectations:
First, apt as the policy of nations is to disregard justice & the general rights of humanity, I deem it as no small advantage to us that these considerations are in our favor. The[ir] influence most corrupt councils must feel [to] some degree & on a question whether the interest of Millions shall be sacrificed to views relating to a distant & paltry settlemt. They are every day deriving weight from the progress of Philosophy & civilization, and they must operate on those nations of Europe who have given us a title to their friendly offices, or who may wish to gain a title to ours.
Secondly. May not something be hoped from the respect which Spain may feel for consistency of character, on an appeal to the doctrine maintained by herself in 1609 agst. the U Provinces touching the navigation of the scheld; or at least from the use which may be made of this fact by the powers disposed to forward our views.
Thirdly. Should none of these circumstances have influence her councils, she can not surely so far disregard the general usage of nations as to contend that her possessions at the mouth of the Mississippi, justify a total denial of the use of it to the inhabitants above, when much more important possessions on the lower parts of much smaller rivers, have been no farther urged or admitted than as a ground of right to a moderate toll. The case of the Rhine, the Maese & the Scheld as well as of the Elbe & oder are if I mistake not in point here. [Whether] the other rivers running through different dominions afford parallel cases, I cannot pretend to say. ⟨The Po runs thro’ the Milanese & other States of Italy & terminates within the Jurisdiction of Venice, but whether it is navigable above her jurisdiction, or whether the upper States have even had an interest in claiming the use of the river below.⟩ The case of the Mississippi is probably the strongest in the world.
Fourthly. The interest of Spain at least ought to claim her attention. 1. a free trade down the Missipi. would make N[ew]. O[rleans]. one of the richest and most flourishing Emporiums in the world; and deriving its happiness from the benevolence of Spain, would feel the firmest loyalty to […] her Govermt. At present it is an expensive establishment, is settled chiefly by French who hate the Govt. which oppresses them, who already covet a trade with the Western States, will be made every day more sensible of the rigor which denies it to them, and will no doubt join the Americans in the first probable attemp[t] agst. the authority of their Masters. 2. a generous policy on the part of Spain towards the U. S. will be the cement of friendship & a lasting peace with them: a contrary one will produce immediate heart burnings: and sow the seeds of inevitable hostility. The U. S. are already a power not to be despised by Spain: the time cannot be distant when in spight of all her precautions, the safety of her possessions in this quarter of the Globe must depend more on our peaceableness, than her own power. 3. In another view it is agst. the interest of Spain to throw obstacles in the way of our Western settlements. The part which she took during the late war shews that she apprehended less from the rising power in her neighbourhood, if under an independent Government, than if subject to that of G. B. If in this she calculated on the impotence of the U. S. under their dismemberment from the British Empire, she saw but little way into futurity: if on the pacific temper of republics, unjust irritations on her part will soon teach her that Republics have like passions with other Governts. Her permanent security rather lies in the Complexity of our fœderal Govt. and the diversity of interests among the members of it which render offensive measures, improbable in Council, and difficult in execution. If such be the case when 13 States compose the System, ought she not to wish to see the number enlarged to three & twenty? A source of temporary security to her, is our want of naval strength. Ought she not then to favor those emigrations to the Western lands, which as long as they continue will leave no supernumerary hands for the sea? Other nations as well as Spain may think themselves concerned in these considerations.
Fifthly. Must not the generall interest of Europe in all cases influence the determinations of any particular nation in Europe, and does not that interest in the present case clearly lie on our side. 1. All the principal powers have in a general view more to gain than to lose by denying the right of those who hold the mouths of great rivers to intercept agst. a communication with those above. France, G. B. (except indeed as to Canada) & Sweeden have no opportunity of exerting such a right, and must wish for a free passage for their merchandize into every Country. Spain herself has no such opportunity, & has besides three of her principal rivers, one of them the seat of her metropolis running thro’ Portugal. Russia can have nothing to lose by denying this pretension, and is bound to deny it in favor of her great rivers the Neiper the Niester, & the Don which mouth in the black sea, and of the passage through the Dardanelles which she has extorted from the Turks. The Emperor in common with the inland States of Germany, and moreover by his possessions on the Maese & perhaps those on the Scheld has a similar interest. The possessions of the King of Prussia on the Rhine, the Elbe and the oder are pledges for his orthodoxy. The U. Provinces indeed hold the mouths of the Rhine, the Maese and in part of the Scheld, but a general freedom of trade is so much their policy and they now carry on so much of it through channels of rivers running thro’ different States, that it is not probable, her influence will be thrown into the wrong scale. The only powers which can have an interest in opposing the American doctrine, are the Ottoman which has already given up the point to Russia, Denmark which is suffered to retain the entrance of Baltic, portugal whose principal rivers all head in Spain, Venice which possesses the mouth of the Po. Dantzic which commands the mouth of the Vistula, if since the partition of Poland it has not ceased to be [a] free City. The prevailing disposition of Europe on this point I find defeated an Attempt once made by Denmark to exact a toll at the mouth of the Elbe by means of a Fort on the Holstein side which commands it. The fact is mentioned in Salmon’s Gazateer under the head of “Gluckstat.” I have no opportunity of ascertaining the circumstances of the [case]. 2. In a more important view the settlement of the back country, which will be greatly promoted by a free use of the Missipi. will be beneficial to all the nations who either directly or indirectly trade with the U. S. By this expansion of our people, the establishmt. of internal manufactures will not only be for many years delayed, but the consumption of foreign manufactures will be continually increasing with the increase of our numbers: and at the same time all the productions of the American Soil required by the nations of Europe in return for their manufactures, will be proportionally augmented. The vacant land of the U. S. lying on the waters of the Mississippi is perhaps equal in extent to the land actually settled. If no check be given to emigrations from the latter to the former, they will probably keep pace at least with the increase of people, till the population of both become nearly equal. For 20 or 25 years we shall consequently have few internal manufactures in proportion to our numbers as at present, and at the end of that period our imported manufactures will be doubled. It may be [obse]rved too, that as the market for these manufactures will first increase, & the provision for supplying is to follow, the price of supplies will naturally rise in favor of those who manufactures them. On the other hand as the demand for the Tobo. indigo, rice, hemp, Indian Corn lumber &c produced by the U. S. for exportation will neither precede nor keep pace with their increase, the price of them must naturally sink in favor also of those who consume them. Reverse the case & suppose the use of the Miss: denied to us, and the consequence is that many of our supernumerary hands who in the former case would [be] husbandmen on the waters of the Missipi will on this other supposition be manufacturers on this [side] of the Atlantic: and even those who may not be discouraged from seating the vacant lands will be obliged by the want of vent for the produce of the soil & of the means of purchasing foreign manufactures, to manufacture in a great measure for themselves. ⟨The only point of view in which it can appear impolitic in the nations of Europe to open the channel of the Missi. to our western settlements is that the prospect may the more entice the emigration of their subjects. But this objection will never be listened too by those who consult experience, instead of ancient prejudices. The example of Engld. alone proves beyond a possibility of doubt, that vacancies produced by this cause in an industrious country, are not only Speedily filled but that population is ever increased by the demand of the emigrants & their descendants, on the industry of those left behind. America does not contain at this moment perhaps less than 2 million of inhabitants who have sprung from the loins of Englishmen: does England contain the fewer on this acct.? Is she not on the contrary more populous than she was before a single Englishman had set his foot on american ground, more populous upon this very acct.? This fact claims the particular attention of France. Her productions and manufactures are well suited to the climate of the U. S. and our ports are as open to them, as to those of G. B. yet we find that the predilections and habits of our people give to the latter a preference, amounting nearly to a monopoly. 10,000 French emigrants diffusing throughout the U. S. and diffusing a taste for French fashions & productions, would probably create employment for 20,000 hands in France, in other words wd. create 10,000 more than would fill the void left by them. It wd. be the like letting out money for an interest greater than the principal itself. In every 20 or 25 years these emigrants would double their number and far more than double their influence; and proportionably enhance the benefits to France. The only sufferers by the encouragement of the Western settlemts. will be those [who] remain in the Atlantic States. They may it’s true be relieved from taxes in proportion to the price added to the vacant land by the freedom of the Missi. but this advantage will be greatly outweighed by the danger to the Confederacy from multiplying the parts of the Machine, by the depopulation of the country, by the depreciation of their lands and by the delay of that maritime strength which must be their only safety in case of war. N. Y. Pa. & Va. will also lose the advantage of being merchants for the Western States in proportion as their trade has a ready passage thro’ the Missi. Va. will moreover suffer a loss of her Staple tho’ she may be thought to have an equivalent for this in being disburdened of the slaves who will follow the culture of that plant.)

Should Spain yield us the point of the navigation of the Missi. but at the same time refuse us the use of her shores, the benefit will be ideal only. I conferred with several persons who have a practical knowledge of the subject, and am unanimously informed that not only the right of fastening to Spanish shores, but that of holding an entrepot of our own or using N. O. as a free port, is essential to our trade thro’ that channel. It has been said that sea vessels get up as high as Lat: 32. to meet the river craft, but it will be with so much difficulty & disadvantage, as to amt. to a prohibition. I have heard the idea suggested also of large Magazines constructed for floating, but if this expedient were otherwise admissible, the hurricanes which in that quarter frequently demolish edifices on Land, forbid the least confidence in those which wd. have no foundation but water. Some territorial privileges therefore seem to be as indispensible to the use of the river as this is to the prosperity of the Western Country. I am told a place called the Englishman’s turn on the Island of N. O. abt. six leagues below the town, wd. be the fittest for our purpose, and that the lower Side of the Peninsula is the best. Baton rouge is also mentioned as a convenient station; and point Coupe as the highest to which vessels can ascend with tolerable ease. Information however of this sort from men who judge from a general & superficial view only, can never be recd. as accurate. If Spain be disposed sincerely to gratify us, I hope she will be sensible that it can not be done effectually without allowing a previous survey & deliberate choice. Should it be impossible to obtain from her a portion of ground by other means, wd. it be unadvisable to attempt it by purchase. The price wch. might be demanded cd. not well exceed the benefit to be obtained; and a reimbursemt. of the public advance might easily be provided for by the sale to individuals & the conditions which might be annexed to their tenures. Such a spot could not fail in a little time to equal in value the same extent in London or Amsterdam. The most intellegt among those I have conversed with thinks, that on whatever footing our trade may be allowed by Spain, very judicious provision will be necessary for a fair adjustment of disputes between the Spaniards & Americans, disputes of wch. must be frequent, and will not only be noxious to trade, but tend to embroil to the two nations. Perhaps a joint tribunal under some modification or other, might answer the purpose. There is a precedent I see for such an establishment in the XXI art. of the Treaty at Munster in 1648 between Spain & the U. Provinces.
I am informed that after the Is: of N. O. fell into the hands of Spain, her Govr. forbid all British vessels navigating under the Treaty of Paris to fasten to the Shore, and caused such as did so to be cut loose. In consequence of this practice a British frigate, went up near the town, fastened to the Shore, and set out guards with orders to fire on such as might attempt to cut her loose. The Governor after trying in vain by menaces to remove the frigate, acquiesed, after which Brit: vessels were indiscriminately admitted to use the Shore; and even the residence of British Merchts. in the Town of N. O. Trading clandestinely with Spaniards as well as openly with their own people, connived at. The Treaty of 1763 stipulated to British subjects, as well as I recollect no more than the right of navigating the river, and if that of using the shore was admitted under that stipulation, the latter right must have been admitted to be involved in the former being incidental to the beneficial enjoyment of it.
In consequence of my letter to Mrs. Carr I have [been] called on by your elder Nephew, who is well satisfied with the choice made of Wmsbg. for his future studies. I have furnished him with letters to my acquaintances there & with a draught on your Stewd. for the advances requisite for the first quarter. He will be down on the opening of Mr. Maury’s School of the end of the vacation which will [be] on the first of Octr. I have the greater hopes the preference of this school will turn out a proper one, as it has re[c]d. the recommendation of the literary gentlemen in Wmsbg. & I understand will be attended to and periodically examnd. by Mr. Wythe & others. Your younger nephew is with Majr. Callis, who will keep [him] some little time longer. I am at a loss where it will be most proper to fix him. I shall decide however in time to prevent any idle interval.
When you were about leaving America for Europe as a Commisser. for peace you intimated to me that a report was in circulation of being concerned in jobbing for Kentucky lands, and authorized me to contradict the report as absolutely groundless & false. I have some reason to believe that the credit of your name has been lately made use of by some who are making purchases or locations in that quarter. If they have done it without any sanction from you, it may not be amiss to authorize me anew to correct misrepresentations.


Title: To James Madison from Benjamin Hawkins, 4 September 1784
From: Hawkins, Benjamin
To: Madison, James

Dear Sir,
Sweet-Springs in Botetort 4th September. 1784
I returned from Congress to Carolina in February was elected one of the representatives for the County I live in, and served in the spring session. All the requisitions of Congress were fully complied with except the one for our proportion of one million five hundred thousand dollars in addition to the five Pcent: the act for this purpose establ[ished?] has the principle laid down by Congress but will fall short in the sum required as it will not raise more than twenty five thousand dollars.
The Cession of the Western territory was long debated and opposed by a party powerful in number in the house of Commons, but was carried by fifty three against forty one. Some of those of the Minority have bee[n] very illiberal in attributing the conduct of some of the advocates for it to improper motives and representing them in their Counties as unfit for members of the legislature. A friend informs me that I was accused (as he calls it) at our election in August by a man of much influence tho’ of infamous character of being sent from Congress to negociate the cession, that I was to recieve if I succeeded ample compensation by an agency for this disposal of it. This report had such an effect on the electors that I was not elected for the ensuing year.
I have been much indisposed this summer without knowing from what cause. I set out the last of July for this place to try what effect the waters would have on me, and I am either benefited by them or the air; I think of returning some time in this month and going to Georgia to spend the winter. I am with great and sincer[e] esteem Dear Sir Your Most obedient and most humble servant
Benjamin Hawkins


Title: From James Madison to James Madison, Sr., 6 September 1784
From: Madison, James
To: Madison, James, Sr.

Hon’d Sir
Philada. Sepr. 6. 1784.
I arrived at this place the night before last only, having declined starting from Fredg. at the time I proposed when I parted with you & having staid at Baltimore one day. At the latter place I fell in with the Marquis & had his company thus far. He is proceeding Northwd. as far as Boston from whence he goes to the Indian Treaty at Fort Stanwix & from thence returns to Virga. about the same time that I must be there. He presses me much to fall into his plan, and I am not sure that I shall decline it. It will carry me farther than I had proposed, but I shall be rewarded by the pleasure of his company and the further opportunity of gratifying my curiosity. I have nothing to add at present but that I am your affec. Son
J. Madison Jr.


Title: From James Madison to Thomas Jefferson, 15 September 1784
From: Madison, James
To: Jefferson, Thomas

Dear Sir
New York. Sepr. 15: 1784.
In pursuance of my intentions as explained in my last dated in Philada. I came to this City on saturday last. The information I have here recd. convinces me that I can not accomplish the whole route I had planned within the time to which I am limited, nor go from this to Boston in the mode which I had reckoned upon. I shall therefore decline this part of my plan, at least for the present, & content myself with a trip to Fort Schuyler, in which I shall gratify my curiosity in several respects, & have the pleasure of the Marquis’s Company. We shall set off this afternoon in a Barge up the North River. The Marquis has recd. in this City a continuation of those marks of cordial esteem & affection which were hinted in my last. The gazettes herewith inclosed will give you samples of them. Besides the personal homage he receives, his presence has furnished occasion for fresh manifestation of these sentiments towards France which have been so well merited by her, but which her Enemies pretended would soon give way to returning affection for G. Britain. In this view a republication of those passages in the Gazettes of France may be of advantage to us. They will at least give a pleasure to the friends of the Marquis.
We have an account from Canada, how far to be relied on I can not say, that the Indians have surprised & plunderd fort Michellimackinac where the English had a great amt. of stores & Merchandize; and that they have refused to treat with Sr. Jno. Johnson. Being in danger of losing the conveyance by the packet which is just sailing I subscribe in haste Yrs sincerely
J. Madison Jr
The M. has shewn me a passage in his letter to the Ct. de V. in which he Sketches the idea relative to the Miss: he says he has not had time to dilate upon it, but that his next letter will do it fully.


Title: From James Madison to Thomas Jefferson, 11 October 1784
From: Madison, James
To: Jefferson, Thomas

Editorial Note
A colorful account of JM’s journey with the Lafayette entourage is supplied by Brant, who reported that after JM’s “chance encounter” with Lafayette in Baltimore the Virginian found the “northward trip … entirely too enjoyable to be cut off at New York” (Madison, II, 325, 328). Many of the incidents on this excursion were reported by Marbois for his superiors in Paris and are found in Eugene P. Chase, ed., Our Revolutionary Forefathers: The Letters of François, Marquis de Barbé-Marbois (New York, 1929). Louis Gottschalk devotes a whole chapter to the incident in his Lafayette between the American and French Revolution, pp. 96–107. Lafayette’s own recollections of the Indian council ignore JM’s presence and confirm JM’s impression that the young Frenchman was not lacking in self-esteem (Mémoires, correspondance et manuscrits du Général Lafayette [6 vols.; Paris, 1838], II, 98–113). By his presence among the Iroquois chieftains at Fort Schuyler JM was able to observe one of the last enactments of a westering tradition. Perhaps he recalled these scenes twenty-one years later when, as secretary of state, JM watched the head tribesmen gather “in Dolley Madison’s drawing room” on their diplomatic mission (Brant, MadisonIrving Brant, James Madison (6 vols.;
        Indianapolis and New York, 1941–61)., IV, 307).
Dear Sir
N. York Ocr. 11. 1784
My last dated from this place on the 14. ult. informed you of my projected trip to Fort Schuyler. I am this momemte arrived so far on my return to Virginia. My past delay requires so much hurry now that I can only drop a few lines for the packet which is to sail on the 15th. inst. The Marquis’s & myself were overtaken at Albany by Mr. de Marbois on the same errand with ourselves. We reached Fort S. on the 29. & on the next day paid a visit to the Oneida Nation 18 miles distant. The Commissrs. did not get up till the Saturday following. We found a small portion only of the Six nations assembled: nor was the number much increased when we quitted the scene of business. Accts. however had come of deputies from more distant tribes being on the way. The Marquis was recd. by the Indians with equal proofs of attachment as have been shewn him elsewhere in America. This personal attachment with their supposed predilection for his nation, and the reports propagated among them that the Alliance between F. & U. S was transient only, led him with the sanction of the Commissrs. to delive[r] a Speech to the Indian cheifs coinciding with the object of the Treaty. The answers were very favorable in their general tenor. Copies of both will be sent to Mons. de Vergennes & the M. de Castres by Mr. Marbois & be within the reach of your curiosity. The originals are so much appropriated to this use during my stay with the Marquis that I had no opportunity of providing copies for you. What the upshot of the Treaty will be is uncertain. The possession of the posts of Niagara &c. by the British is a very inauspicious circumstance. Another is that we are not likely to make a figure otherwise that will impress a high idea of our power or opulence. These obstacles will be rendered much more embarrassing by the instructions to the Commissrs. which I am told leave no space for negociation or concession, & will consequently oblige them in case of refusal in the Indians to yield the ultimate hopes of Congress, to break up the Treaty. But what will be [the] consequence of such an emergency? Can they grant a peace with out cessions of territory—or if they do must not some other piece hereafter purchase them. A Truce has never I believe been introduced with the Savages, nor do I suppose that any provision has been made by Congress for such a contingency. The perseverance of the British in retaining the posts produces various conjectures. Some suppose it is meant to enforce a fulfilment of the Treaty of peace on our part. This interpretation is said to have been thrown out on the other side. Others that it is a salve for the wound given the Savages who are made to believe the posts will not be given up till good terms shall be granted them by Congress. Others that it is the effect merely of omission in the B. Govt. to send orders others that it is meant to fix the fur trade in the B. channel & it is even said that the Govr. of Canada has a personal interest in securing a monopoly of at least the Crop of this season. I am informed by a person just from Michi[lli]mackinac that this will be greater than it has been for several seasons past or perhaps any preceding season, & that no part of it is allowed by the British Commanders to be brought thro’ the U. S. From the same quarter I learn that the posts have been lately well provisioned for the Winter, & that reliefs if not reinforcements of the Garrisons will take place. Col: Monroe had passed Oswega when last heard of & was likely to execute his plan. If I have time & opportunity I will write again from Philada. for which I set out immediately; if not, from Richmond. The Marqs. proceeded from Albany to Boston from whence he will go via R. Island to Virga. & be at the Assembly. Thence he returns into the N. States to embark for Europe. I am Yrs. affecy.
J. Madison Jr.


Title: The General Assembly Session of October 1784 (Editorial Note)
From: General Assembly
To:

Editorial Note
Wartime emergencies faded as peace returned and the pace of political life in Virginia slipped back into its earlier tempo. The May 1784 session was the last spring meeting held by the legislature, the members having determined that henceforth a single session would be adequate. JM had no quarrel with the slower pace—it was the power rather than the working habits of the older crowd that bothered him. The election of Patrick Henry as governor removed the chief obstacle to JM’s legislative endeavors, but certain lieutenants were eager to serve the same interests patronizing Henry, so that in a real sense JM’s chief contribution in the House of Delegates was not as an initiator of needed legislation but a brake on ill-advised measures.
Much routine business was carried on by JM in his role as chairman of the Committee for Courts of Justice. In this role he tried to solve the old riddle of revamping an outmoded court structure bogged down by crowded dockets, long trips to Richmond, and the entrenchment of courthouse cliques. Hoping for reform, JM introduced the Courts of Assize bill written by Edmund Pendleton early in the Revolution. Pendleton’s plan provided for a circuit court system that would eliminate some of the delays of the prevailing county courts and also ease the burden of appeals. JM maneuvered the bill through the session despite “much secret repugnance” from a surly though nearly silent opposition. Ultimately the victory turned into an empty triumph, for the legislature kept postponing the day when the act went into force until it was ultimately repealed. But at the time it appeared that JM was strong enough to prevail in the House of Delegates against an opposition jealous of any lessening of the power lodged in local courthouses. The reason for JM’s concern over the creaking court system probably related to the touchy British debt problem. The debts which Virginians owed British merchants when the war broke out had been left in limbo, and although the sum was great the issue was more emotional than economic. The law prevented a British creditor from going into the state courts to recover his money, and this point had not been overlooked at the treaty negotiations in Paris. By 1784 the treaty was operative only so far as the recognition of American independence by Great Britain, but the irritation of occupied frontier posts and unpaid debts kept relations between the former colonies and Great Britain embroiled. JM worked futilely with Joseph Jones to redeem the state’s honor but avoided a clear break with the anti-payment faction that would have been public acknowledgment of the hopelessness of a forthright solution. The installment payment plan which JM supported was a compromise which more than anything else would have demonstrated the willingness of indebted Virginians to meet their obligations. Moreover, the western counties were placed under great hardship by an appeal system which left litigants only one recourse—a long, expensive trip to Richmond.
Other concerns at the October 1784 session centered on internal improvements and taxes. Most public men favored canals and market roads or turnpikes as a means of maintaining life lines to the west. JM was anxious to sponsor legislation authorizing canal companies for the Potomac, James, and Elizabeth rivers for he was convinced that privately financed schemes of this sort would be self-supporting while fostering the markets farmers needed for their products. Washington’s enthusiasm for the Potomac canal was a confirmation of JM’s approach, and when his friend came forward with a model bill from Annapolis JM withdrew his own work to promote the general good expeditiously. His enthusiasm for the Dismal Swamp canal proved premature but was in the same intellectual channel as the plan he would support a generation later when the Erie waterway was proposed.
The other business was knottier—for Virginians believed the war had been fought in part over taxes, and they were not eager to pay them in altered circumstances. As the General Assembly had learned, a tax gatherer is never popular, yet certain expenses had to be met to keep the national and local machinery of government in operation. Interest on the national debt kept piling up, and JM was impatient with fellow legislators who sought excuses for postponed payments and displayed a niggardliness toward the state quota of Confederation costs. The 5 percent national impost, which would have solved part of the problem, was a favorite scheme of JM’s which was generally unpopular in the legislature. Without some independent source of the revenue, there was no way the national government could ever meet its obligations, and at each session of the legislature as the matter was debated and then postponed it was clear to a logician of JM’s caliber that a day of reckoning was due.
Finally, the submerged issue of support for the old established church was about to surface. The southside counties where Henry was strongest had petitioned for a tax-supported agency whereby Christians might be instructed in holy ways. With Henry’s shadow in the foreground, a General Assessment bill for teachers of Christianity came close to passage and was only at the last moment postponed by a stratagem. JM joined with other lawmakers who, fearing an outright battle over the bill, sent it out as a public declaration of intent, with an invitation to the citizenry to comment upon its provisions for the future guidance of the legislature. The ploy worked, but when the October 1784 session adjourned, the conservative forces had much the upper hand. Indeed, their strength was greater than they knew, and as JM looked toward the autumn of 1785 and the next meeting he was obligated to bestir himself. The enthusiasm of 1776 was a distant memory and there was a danger that Virginians might slip back into their old ways, under a new flag but with the same old pseudo-aristocratic fabric that was—as JM viewed it—essentially counter-revolutionary in intent.
Appendix A of this volume carries a full listing of legislation which JM introduced or carried to the Senate but apparently did not draft.


Title: Resolutions on Western Law Enforcement and Mississippi Navigation, 3 November 1784
From: Madison, James
To:

Editorial Note
Indian unrest and rumors of Spanish intrigue on the western frontier cast a shadow over the General Assembly sessions late in 1784. Virginians were moving into areas roamed by peaceable tribes and committing depredations that could only lead to retaliation, while word drifted eastward of provocative moves in the Ohio Valley that might bring an open clash between Virginians and Spaniards. JM was acutely aware of this western ferment and reported that the lawmakers sought the “means of obviating these dangers” while the reckless talk of men living on the frontier led the delegates in Richmond to believe that “we are every day threatened by the eagourness of our disorderly Citizens for Spanish plunder & Spanish blood” (JM to Monroe, 14 and 27 Nov. 1784). The later circumstance was the direct cause of House debates concerning lawlessness in the Kentucky district, followed by passage of resolutions that recognized the dual nature of the problem. Fugitive Americans had to be punished, but Spain also had to understand that the sword of law cut both ways. Virginians had rights as well as responsibilities. Thus Virginia would surrender lawbreakers to Spain, but the subjects of Charles III needed to understand that American rights pertaining to navigation of the Mississippi would never be surrendered.
American rights to the Mississippi were involved in delicate negotiations with the Spanish court that dragged on for years, but the matter of turning Virginians who broke the law over to a foreign power was an immediate concern. JM served on a committee charged with implementing the euphemistically titled law-and-order resolution on western tranquillity, and on 12 November a draft was offered to the House which caused prolonged debate. The solution finally agreed upon by the slenderest of margins interposed the authority of Congress and shifted the ultimate decision on extradition of international lawbreakers from state to national officials. See JM’s Preamble and Portion of an Extradition Bill (26 Nov. 1784).

[3 November 1784]
Resolved, that it is the opinion of this committee, That for preserving the tranquillity of our western inhabitants, speedy and exemplary punishment ought to be inflicted on every person doing injury to the subjects of Spain or the Indians in that quarter; and that proper laws for that purpose ought to be enacted.
Resolved, that it is the opinion of this committee, That it is essential to the prosperity and happiness of the western inhabitants of this Commonwealth, to enjoy the right of navigating the river Mississippi to the sea, and that the delegates representing this State in Congress, ought to be instructed to move that honorable body to give directions, (unless the same have already been given to the American ministers in Europe) to forward negotiations to obtain that end, without loss of time.


Title: To James Madison from James Monroe, 7 November 1784
From: Monroe, James
To: Madison, James

Dear Sir
Trenton Novr. 7 1784.
I enclose you a cypher which will put some cover on our correspondence. We have yet only 5. States, & not a man from the Eastward except Mr. Holton. There is nothing new without doors, wh. I have not communicated to the Governor &, of those within I must defer writing you, untill the next post; the present is certainly an important crisis in our affairs, but as I shall write you very fully by the next post shall only add that I am with Great respect & esteem yr. friend & servant
Jas. Monroe

[Enclosure]

1. Spain
11. the Delegates
2. Ld. Shelburne
12. Maryland
3. Ct. Vergennes
13. Mr. Mercer
4. Dr. Franklin
14. Mr. Hardy
5. Mr. Grayson
15. Georgia
6. Pennsylvania
16. Mr. Jefferson
7. King of France
17. Mr. J. Adams
8. King of Sweden
18. Mr. Fox
9. France
19. the U. Netherlands
10. No. Carolina
20. of

21. the Governor
60. peace
22. N. York
61. western posts
23. Mr. Gerry
62. committee of the States
24. Virginia
63. commerce
25. Mr. P. Henry
64. Laws of nations
26. Arthur Lee
65. attack
27. the Indian comrs.
66. northern
28. Jersey
67. variance
29. Great Britain
68. conduct
30. The minister
69. Indians
31. Ireland
70. Southern
32. Mr. Marbois
71. detention
33. Governor Harrison
72. ships
34. Canada
73. Carlton
35. impost
74. treaty
36. commander in chief
75. negroes
37. resources
76. Genl. Assembly
38. army
78. disposition
39. finances
79. degrade
40. N. Hamshire
80. LaFayatte
41. confiscation
81. Ld. North
42. Delaware
82. unfriendly
43. Mr. Laurens
83. publick expence
44. hostilities
84. Mr. Burke
45. R. Island
85. defence
46. Mr. Dana
86. prepare
47. U. States
87. Mr. Ellery
48. Mr. Read of So. Carolina
88. Robt. Morris
49. Connecticut
89. Baron Steuben
50. the President of Congress
90. Mr. Howell
51. R. H. Lee
91. Trenton
52. Court
92. Phila.
53. blame
93. Genl. Washington
54. Mr. Jay
94. Mr. Tyler
55. So. Carolina
95. consul
56. definitive treaty
96. Congress
57. Massachusetts
97. lose
58. war
98. gain
59. provisional treaty
99. Mr. Jones


Title: Bill for Granting James Rumsey a Patent for Ship Construction, [11 November] 1784
From: Madison, James
To:

Editorial Note
James Rumsey (1743–1792) had been experimenting with a mechanical pole boat when good fortune brought General Washington to his vicinity. In September 1784 (at Bath in Berkeley County, Virginia) Washington witnessed a trial run of a model and became an enthusiast for Rumsey’s invention. Since Rumsey’s model gave promise of being a handmaiden to the general’s favorite Potomac canal scheme, it was natural that he should give Rumsey a testimonial, and when in Richmond that fall to promote Rumsey’s ideas in conversations with public men (Pa. Gazette, 29 Sept. 1784; Fitzpatrick, Writings of WashingtonJohn C. Fitzpatrick, ed., The Writings of
          George Washington, from the Original Sources, 1745–1799 (39 vols.; Washington,
        1931–44)., XXVII, 468, 480, 484). As JM explained to Jefferson, Rumsey had petitioned the General Assembly at the May 1784 session for a patent on his model but the “extravagance of his pretensions brought a ridicule upon them, and nothing was done” (JM to Jefferson, 9 Jan. 1785). With Washington as his chief promoter, the climate of opinion changed. JM apparently concerned himself with preparing legislation that would protect the invention. JM actually knew little about Rumsey’s boat, which operated by the force of river current against a paddlewheel that pushed poles against the river bed—an ingenious device which steam power soon proved impracticable. But JM was interested in a means whereby inventors and authors received recognition and reward, and as Brant remarks, JM looked upon this act “as a model in its protection of the public against the evils of a monopoly” (Madison, II, 370).

[11] November 1784
Whereas it is represented to this present General Assembly that James Rumsey hath invented Boats which are constructed upon a model that will greatly facilitate navigation against the current of rapid Rivers, whereby great advantages may be derived to the Citizens of this State: And whereas the said James Rumsey hath made application for the sole and exclusive right and privilege of constructing and navigating such Boats for the term of ten years as a recompense for this invention:
Be it therefore enacted that the said James Rumsey his heirs, Executors and Assigns shall have the sole and exclusive right and Privilege of constructing and navigating Boats upon his model in each & every River, Creek, Bay, Inlet or Harbour within this Commonwealth for and during the said term of ten years, to be computed from the first day of January one thousand seven hundred and eighty five. If any person, other than the said James Rumsey his heirs, Executors or Assigns, shall during the term aforesaid either directly or indirectly, construct navigate, employ or use any Boat or Boats upon the model of that invented by the said James Rumsey or upon the model of any future improvement which the said Rumsey may make thereon, he or they for every Boat so constructed, navigated, employed or used, shall forfeit and pay for every such offence the sum of ⟨five hundred pounds⟩ to be recovered with costs by action of debt, to be founded on this Act, in any Court of Record ⟨one half⟩ to the use of the party who will sue for the same⟨, and the other half to the use of the said James Rumsey⟩.
Provided always that the exclusive right and privilege hereby granted may, at any time during the said term of ten years, be abolished by the Legislature upon paying to the said James Rumsey his heirs, Executors or Assigns the sum of ten thousand Pounds current money in gold or silver ⟨of Virginia⟩:


Title: To James Madison from John Francis Mercer, 12 November 1784
From: Mercer, John Francis
To: Madison, James

Dear Sir
Trenton Novr. 12. 84
Altho’ I should have blush’d to have met you, after having so long delay’d repaying the money you kindly advanc’d me, yet the sincere pleasure I felt in the expectation of again taking you by the hand effaced every other impression & my dissapointment was real when I learn’d that you had return’d to the South without my meeting you. After you left me in Congress—I was subjected to the inconvenience—I may indeed say misfortune—of committing money to the care of four different friends, whose necessities were so urgent as to make them forget mine. This added to my expences in attending an itenerant Congress, surpassing infinitely the appointment from the State, has given a very unfavorable complexion to my conduct to you. At this moment I am unable to restore the whole of the money you loan’d me & the mode I have taken of remitting you 400 Dollars (whilst I hope it will answer perfectly your purpose) discovers my inability to adopt any other. You will be so good as to shew the enclos’d order to the Treasurer & consult with him. Inform him that I only desire the money to be paid you, at the time I might draw it myself, consistently with the Law of the State. Therefore if the forms of the office require delay untill a quarter’s salary has accumulated—notwithstanding this specific sum will be soon due—I would be oblig’d to you so to arrange the payment, as to comply with what is required by him. As soon as my Crops can be converted into Cash I will be punctual to pay the sum I shall still owe you.
Twelve days have expir’d since the time affix’d for the Reassembling of Congress & as yet but four states are represented—Doctor Holten alone, has appear’d from the Eastern States. This total relaxation & innatention to the Confœderal Government (not to speak of the cause, but the effect) must necessarily have an exceeding evil tendency both at home & abroad. The judicious Men who have lately return’d from Europe, all agree, that the prevalent opinion there is—that we are verging fast towards anarchy & confusion—& some of them say, they were frequently asked by men otherwise well informed, whether we had any thing like Government yet remaining among us— & in this opinion they all join, that nothing is so ardently desir’d by the British Nation & Ministry, as a renewal of the War with us—that the same old leven that work’d to such effect in 72. was still strongly fermenting at the British Court. Colo. Monroe has lately arriv’d from Canada & our North Western Frontier. He says that every thing wears the most unfavorable appearance in that Quarter. The retention of the Posts—intrigues with the Indians, & in fine every measure in that Government, indicates a settled plan, unfriendly, if not hostile to the United States. From all this I am led to apprehend that if the War, which seems ready to break forth in Europe, should break out, & France becomes involv’d therein (which her late engagements with the Dutch Republic render inevitable) that Great Britain woud keep her neck out of the halter, purposely to deal with us. The lightest visions of imagination, appear as solid ground of apprehension to a suspicious mind—but really suspicion becomes a virtue in a political Character where there is a consciousness of internal Weakness & total want of resource.
In my judgement there never was a crisis, threatening an event more unfavorable to the happiness of the United States, than the present. Those repellent qualities the seeds of which are abundantly sown in the discordant manners & sentiments of the different States, have produc’d great heats & animosities in Congress now no longer under the restraint impos’d by the war—insomuch that I almost despair of seeing that body unite in those decisive, & energetic measures, requisite for the public safety & prosperity. The scanty & irregular Supply of Money to the Continental Treasury, from the feeble & disconnected efforts, of the different States, have dwindled into nothing. Several States have not yet taken up the requisitions for 84. Some after taking them up, declare they do not understand ’em, & they all conclude in just the same point—that is they pay nothing. M. Morriss tells me that the Contributions of Virginia have alone kept the wheels of Government in motion. Now notwithstanding it is much to be regretted, we must withhold too, or pay with a cautious hand—for why ruin ourselves to postpone a misfortune that must come at last, & perhaps the sooner the better. We pay greater Taxes than any people under the Sun & if neighbouring States will pay nothing the effect must be the depopulation of our Country. This evil has already made a progress of fearful extent.
I can discover no resource for Congress but to adhere strictly to the plan Recommended in April 82. & to call on those States who have pass’d the Impost to carry it immediately in execution. The refusal of Rhode Island does not change the principle on which they agreed to it, or render the measure less necessary. I believe no other plan, short of divine wisdom, & not protected by the providence of God, woud meet the unanimous concurrence of these States, & at all events the necessary delay woud be fatal to our situation—for an Years interest will be soon due in Europe & all the interest here, without a Shilling to pay. If ultimately R. I. cannot by a demand of the principal due from her & some other certain mode be induced to consent to the only alternative of Public Justice—that of providing funds for the interest—if other States should fail to carry the Law into effect—the Willing States may recant before any great injury can arise. Such are my reflections. I wish I coud see others as sober & as serious as the occasion merits but I am sorry to say that, always more anxious about where we shall sit, than what we shall do—our chief dispute now is whether we shall spend the Winter in Philadelphia or N. York. The advocates for Philadelphia are more numerous & more zealous, so that I suppose we shall revisit the State House. Wherever we go & whatever we do I shall remain yours with great esteem & sincere friendship
John F. Mercer

I beg of you to remember me very particularly to Mr. Jones


Title: From James Madison to James Monroe, 14 November 1784
From: Madison, James
To: Monroe, James

Dear Sir
Richmond Novr. 14. 1784.
I had intended by this post to commence our correspondence with a narrative of what has been done and is proposed to be done at present Session of the Genl As[s]embly, but by your last lettr. to Mr. Jones, I find that it is very uncertain whether this will get to Trenton before you leave it for Virga. I cannot however postpone my congratulations on your critical escape from the danger which lay in ambush for you, and your safe return to Trenton. My ramble extended neither into the dangers nor gratifications of yours. It was made extremely pleasing by sundry circumstances but could have been more so I assure you Sir, if we had been cotemporarys in the route we both passed. The Indians begin to be unquiet we hear both on the N. W. & S. E. sides of the Ohio. The Spaniards are charged with spurring on the latter. As means of obviating these dangers, the H of D. have resolved to authorize the Executive to Suspend the surveying of land within the unpurchasd limits—& to instruct the Delegation to urge in Congr. Treaties with the Southern Indians, and negociations with Spain touching the Mississpi. They also propose to set on foot Surveys of Potowmac & James River from their falls to their Sources. But their principal attention has been & is still occupied with a scheme proposed for a Genl. Asset. 47 have carried it agst. 32. In its present form it excludes all but Christian Sects. The Presbyterian Clergy have remonstrated agst. any narrow principles, but indirectly favor a more comprehensive establisht. I think the bottom will be enlarged & that a trial will be made of the practicability of the project. The Successor to Mr. H. is not yet appointed or nominated. It is in the option of Mr. H. and I fancy he will not decline the service. There will be three vacancies in the Council, for which also no nominations have been made. Mr. C. Griffith will probably be named, & Mr. W. Nicholas. Mr. Roane is also spoken of. I am Dr Sir Yrs sincerly,
J. Madison Jr.


Title: From James Madison to Richard Henry Lee, ca. 14 November 1784
From: Madison, James
To: Lee, Richard Henry

ca. 14 November 1784. Lee acknowledged on 26 Nov. JM’s letter from Richmond, which had arrived at Trenton on 21 Nov. The letter appears to have reported on legislative business, including the proposed general assessment bill, a revised militia law, and the postponed tax measure.


Title: To James Madison from Philip Mazzei, 15 November 1784
From: Mazzei, Philip
To: Madison, James

Amico Carissimo,
Williamsburgo 15 9bre 1784.
Troppo ci vorrebbe a dirvi tutte le ragioni per cui son tuttavia in Virginia. Una è che vorrei vedere il Marchese de la Fayette prima di partire, al che m’induce non solo la mia amicizia per il medesimo, ma ancora il riguardo che devo alla mia delicatezza e al mio onore; sopra di che mi spiegai col nostro degnissimo amico E. R. Fatemi, vi prego, il favore di comunicarmi ciò che sapete di Lui e dei suoi viaggi. Sono stato ragguagliato da Mr. Prentis della vergognosa resoluzione presa da 54 &c. &c. contro 37 virtuosi Cittadini. Se quel ch’io dico nell’altra pagina credete che possa essere di qualche uso, potete facilmente farne la traduzione, correggendo ed aggiungendo, ed esporlo alla considerazione del Pubblico per mezzo delle gazzette. Avrei piacere che vi abboccaste con Mr. Blair sul modo d’impedire che la nostra Società cadesse in un sonno letargo. Reveritemi distintamente Messrs. Jones, Stewart, Marshall, Wilson Nicholas, &c. &c. Credetemi sempre, e di vero cuore, Tutto vostro.
Filippo Mazzei
[Postscript]
Dopo sigillata malamente questa lettera ò ricevuto un’invito dal Genl: Nelson per pranzare da lui oggi (martedì 16. del corrente) in compagnia del nostro amabile Eroe Marchese de la Fayette, chegiunse a York iersera, dove per altro non trovò Cornwallis. Tutte le Nazioni culte ànno convenuto che il più terribil flagello del genere umano è stata la Superstizione, e che i mali resultatine sono stati gravi a proporzione del potere diretto o indiretto che ànno avuto i Ministri delle Religioni. Quando s’intese che la loro professione fù da noi messa sull’istesso piede che sono tutte le altre, l’onore e il credito che acquistammo presso i buoni e savj, in tutte le parti del Globo ove risiede Filosofia, fù maggiore di quel che ci abbia recato qualunque altra magnanima legge della nostra Repubblica. I nostri nemici e gl’invidiosi, desiderando di offuscare la nostra gloria, non seppero dir’altro se non che noi eramo allora necessitati ad abbagliare il Mondo con dimostrazioni di straordinaria saviezza e magnanimità, e che appena ottenuto l’intento e divenuti independenti, gl’intrighi le cabale e gli antichi pregiudizi avrebbero ripreso vigore, e la povera Filosofia sostenuta unicamente dalla debole base d’un forzato eroismo sarebbe precipitata. Dio non voglia che la maligna profezia seguiti ad avverarsi nella pendente controversia, suscitata da alcuni interessati ecclesiastici, come pur troppo è seguito in diverse altre circostanze. Non si richiedono ingegni sublimi e speculazioni profonde per concepire quanto perniciosa e ingiusta sarebbe una legge, che obligasse gl’individui a pagare qualunque benché piccola somma per cosa, nella quale il Pubblico non à verum diritto d’ingerirsi, come vien chiaramente espresso nel Registro dei Diritti.
   In the Bill of Rights
 È altresì facile a prevedersi l’opposizione che potrebbe incontrare l’esecuzione di una tal legge, in varie Contee ove la mente del maggior numero degli Abitanti non è offuscata dai pregiudizzi favorevoli ad una sola Setta, e quanto tremenda cosa sarebbe l’avvezzaregli uomini ad opporsi alle Leggi. Dico una sola Setta, perchè l’altre si son rette sempre, si reggono e bramano di reggersi da per se stesse senza l’interposizione della pubblica autorità. Si devono investigare i veri motivi dei più zelanti fautori della proposta Legge. Alcuni potrebbero forse temere il credito che giornalmente acquistano
   La parola credito in quel senso significa stima popolare.
 molti ingegnosi giovani, dotati di virtuosi e nobili sentimenti, e cercare nuovi protettori al proprio nel corpo degli ecclesiastici. Amico, se scuoprite tali caratteri, smascherategli arditamente, a rischio ancora di perdere la stima popolare, la quale non può esser consolante ad un’animo retto, mentre non sia conscio d’aver fatto tutti gli sforzi possibili a favore della Patria.

Condensed Translation
Mazzei is still in Virginia for a variety of reasons, the chief one being his desire to have a meeting with Lafayette, the reasons for which he has explained to E. R. (in a note on the envelope he adds that he has been invited by Gen. Nelson to a dinner with Lafayette). Mazzei has been informed by Mr. Prentis that a “shameful” resolution has been passed, 54 to 37, to support established religion. He is sending JM the draft of an article condemning such resolution as contrary to the Bill of Rights. It is suggested that the true aim of the supporters of the resolution is to gain the protection of the clergy to bolster their own popularity; JM is urged to unmask and resolutely combat such efforts. He should meet with Blair for the purpose of revitalizing the Constitutional Society.


Title: To James Madison from James Monroe, 15 November 1784
From: Monroe, James
To: Madison, James

Dear Sir
Trenton Novr. 15. 1784.
You recd. I hope by the last post a small cypher from me. At fort Stanwix you were necessarily acquainted with the variance which had taken place between the Indian Commissioners of the U. States, & those of New York as well as of the principles upon which they respectively acted & the extent to which they carried them: as I reach’d N. York about eight days after you had left it & the Ind: Comm’rs were then on the ground & have not since made a stat’ment of their final transactions there. I have nothing new to give you upon that head. The questions wh. appear to me to arise upon the subjects of variance are 1. whether these Indians are to be consider’d as members of the State of N. York, or whether the living simply within the bounds of a State, in the exclusion only of an European power, while they acknowlidge no obidience to its laws but hold a country over which they do not extend, nor enjoy the protection nor any of the rights of citizenship within it, is a situation wh. will even in the most qualified sense, admit their being held as members of a State? 2. whether on the other hand this is not a description of those whose manag’ment is committed by the confideration to the U S. in Congress assembled? In either event the land held by these Indians, having never been ceded either by N. York or Massachussetts belongs not to the U. States; the only point then in wh. N. York can be reprehensible is, for preceding by a particular [state treaty], the general Treaty. This must be attributed to a suspicion that there exists in Congress a design to injure her. The transaction will necessarily come before us, but will it not be most expedient in the present state of our affairs to form no decision thereon? I know no advantages to be deriv’d from one. If the general treaty hath been obstructed the injury sustain’d in that instance is now without remedy. A decision either way, will neither restore the time we have lost nor remove the impressions wh. this variance hath made with the Indians & in the Court of G. Britain respecting us. If the right of Congress hath been contraven’d shall we not derive greater injury by urging it to the reprehension of New York who holds herself aggriev’d in other respects than by suffering our sense of that delinquency to lay dormant? Our purchases must be made without her bounds & those Indians whose alliance we seek inhabit a country to which she hath no claim.
Mr. Marbois is dissatisfied with the decision of the Court of Pennsylvania in a particular affair: his own conduct in the management of that business previous to the decision, obtain’d the entire approbation of the King of France as he is assur’d in a letter from the Minister of Marine, and certainly he conducted it in as high a tone as the Minister the most jealous of the honor of the King of France cod. have done. Since that period he hath not recd. the orders of his Court & in the interval hath some difficulty how to act. If Congress go to Philada. he says he will be precluded from a personal attendance or communication there. I have consider’d this matter more attentively since I saw you & think that in whatever character we hold the man we cannot surrender him to the Court of France even if Pensylvania wod. accede to whatever we desir’d. That all they have a right to expect is that he be punish’d agreeably to the laws of Pennsylva. & that if they are not adequate, others be made for preventing the like in future, wh. might [be] effected by a recommendation from Congress. The variance wh. took place between the members of the Committee of the States wh. terminated in their abrupt dissolution by a secession on the part of some members, is also an affair which may come before us. But had we not also better keep this affair out of sight & while we lament they could not in that instance be calm & temperate, prevail on them if possible to be so in future? But the more interesting object is the variance between us & G. Britain. Indeed the former derive their consequence principally from the weight they may have in forming her conduct with respect to us. If they are hostilely dispos’d these circumstances will tend to give them confidence. My letter to Govr. Harrison gave you what had taken place in Canada. I am strongly impress’d with the hostile disposition of that Court towards us. Not only what I saw, but the information of all the American gentlemen lately from G. B. confirm it, & particularly one of Maryland one of Pennsylva., & Mr. Laurens who is now with us. The former two have lately return’d to the continent. We are certainly in no condition for war &, while we preserve the honor & dignity of the U. States, must earnestly endeavor to prevent it. If they will comply with the conditions of the late Treaty, as we must on our part do whatever it enjoins, our situation is as happy as we cod. expect it. The sooner we are ascertain’d upon this point the better it will be for us. We must suppose they will comply with the Treaty & surrender the Western Posts & it is therefore our business to make provision for taking possession of them in the Spring. The Minister whom we may order to that Court to obtain an answer upon this head & cultivate its good wishes toward us, will we trust inform us by the Spring that the West: Posts will be given up & the troops whom we may raise for that purpose will of course be applied to the garrisoning of them. Many of the West: Posts I have seen & think 1200, the smallest number we shod. think of. But yet we have no Congress nor is the prospect better than when I wrote you last. All my associates are here except Grayson. I beg of you to write me weekly & give me your opinion upon these & every other subject which you think worthy of attention. A motion will certainly be made as soon as we have a Congress for its removal hence, to wh. shall we give the preference N. York or Philada. We know not whom we shall have for Presidt. of Congs. The delegates of S. Carolina think of Mr. Laurens, but if I may venture a conjecture from what I have observ’d, with respect to Mr. Laurens’s intentions I shod. suppose his object was to attain the appointmt. to the Court of G. Britain; the rule heretofore adopted in the election of President will I think be deviated from, if this shod. be the case it is not improbable Richd. H. Lee m[ay] be elected. I have heretofore address’d my letters to Mr. Jones to Richmond but fear from the accounts I have [of] his health he hath not left home. Is this the case? I am with great respect & esteem Dear Sir yr fnd. & servt.
Jas. Monroe


Title: Bill Enabling the Executive to Pension Disabled Veterans, with Amendments, [16 November & 6 December] 1784
From: Madison, James
To:

[16 November 1784]
Whereas the act of Assembly passed in the year 1782 intitled “An Act Concerning Pensioners,” which has been continued by several subsequent acts will expire at the end of the present Session of Assembly, and it is expedient that the same should be further continued
Be it therefore enacted that the act intitled An Act “Concerning Pensioners” shall continue and be in force from and after the expiration thereof, so long as any of the persons who have, or hereafter shall receive annual allowances from this Commonwealth in Consideration of Wounds, shall continue to receive the same.

[6 December 1784]
Amendments proposed by the Committee for Courts of Justice to the Bill “for further continuing the act intitled An Act Concerning Pensioners”
Line the 5th. Strike out from the Word “thereof” to the end of the Bill and insert “for and during the Term of [three] years and from thence to the End of the next Session of Assembly and no longer.
To the end of the Bill add ——
And be it further enacted that the Executive shall be and they are hereby authorized and empowered to put on the List of Pensioners with such allowances as to them shall seem just all Regular or Militia Officers and Soldiers who have been wounded or otherwise disabled in the Service of their Country upon application being made to them therefor. And whereas the said recited Act intitled An Act Concerning Pensioners directs the Courts of the several Counties within this Commonwealth to inquire into the bodily ability of all persons receiving annual Pensions from the Public and to certify to the General Assembly whether in their Opinion they ought to be continued on the Pension List
Be it further enacted that the said Returns shall be made to the Executive who are hereby authorized to continue or discontinue the said allowances as to them shall seem proper. [So much of any act or acts, as comes within the meaning of this act, is hereby repealed.]


Title: To James Madison from Richard Henry Lee, 20 November 1784
From: Lee, Richard Henry
To: Madison, James

Sir
Trenton November 20. 1784
I wish it were in my power to give you the satisfaction that I know it would afford you to be informed that Congress was assembled and proceeding well with the public business. Unfortunately, we have not yet a Congress, & altho twenty days are elapsed since the time appointed for its meeting, but 4 States have been convened. No doubt Colo. Monroe has informed his Correspondents of the intelligence he received on his Tour to Montreal; Niagara &c. that one reason assign’d for detaining the western posts from the United States was, because Virginia had not repealed her laws that impede the recovery of British debts. It is sincerely to be lamented that our State should be so charged, and it is much to be wished that the Advocates for retaining those laws wd. no longer insist upon furnishing pretext for detaining from the U. S. possessions of such capital importance to the Union as these posts are. I have the honor to inclose you a copy of the treaty lately made at Fort Stanwix with the six nations. It was brought here by Mr. Wolcott, who informs us that the other two Commissioners were gone to Pittsburg to hold a treaty there with the western nations—he apprehends (from the content that appeard at fort Stanwix among some Shawanese chiefs) that the commissioners will not find much difficulty in treating with the western Indians. The accounts that we daily receive of the powerful emigrations from our State to Georgia, to North & South Carolina, & from the interior parts to Kentucki, are very alarming. The causes assigned, are two—the desire of removing from heavy taxes, and the search after land. It certainly becomes our Legislature to consider this point with great attention, and to remove, or lessen the causes that effect the depopulation of the country. Do you not think Sir, that the Taxes might be considerably lessened by funding all our debts, both foreign and domestic. And then, by imposing such Taxes only as will most punctually pay the interest & sink the principal by very slow degrees and for support of the Civil list? This would satisfy the public creditors, because the certainty of receiving the interest will render the principal vendible on good terms. It seems to me, that by this mode, the tax might be considerably lowerd from its present enormous height. I think that I may venture safely to say, that our Revenue, Certificate, and all other taxes, amount in the aggregate to a heavier taxation than prevails in any part of the world! Upon this circumstance, I find some British writers founding the hope of our depopulation. It surprised me a good deal that our last Assembly did not take up and adopt, for the case of our fellow Citizens, the Facilities given by Congress in their Act of the 28th of April last. By this Act (which I understand is before the Assembly) one fourth of the federal demand against us, may be discharged with Certificates of interest for money loaned the U. S. or for interest on liquidated debts of the U. S. If these certificates were by law made receivable in the Revenue tax, it would certainly & considerably facilitate the payment of that Tax.
It seems that the parliament of G. Britain was prorogued without any thing being done respecting our Trade with them, altho a Committee of the privy Council, upon the petition of the W. India planters & Merchants for a free trade between them & the U. S. had reported an approbation of all the silly, malign commercial restraints upon our trade with their W. India islands, that are to be found in Lord Sheffields book on the Commerce of the two countries.
I have the honor to be, with much esteem and regard, Sir your most humble Servant
Richard Henry Lee.

[Enclosure]
[22 October 1784]
Articles of a Treaty concluded at Fort Stanwix on the 22d. day of October 1784 between Oliver Wolcott, Richard Butler, and Arthur Lee Commissioners plenepotentiary from the United States in Congress Assembled on the one part and the Sachems and Warriors of the Six Nations on the other part.
The United States of America give peace to the Senecas, Mohawks, Onondagas, & Cayugas, and receive them into their protection upon the following conditions.
Article 1st. Six Hostages shall be immediately delivered to the Commissioners by the said nations, to remain in possession of the United States till all the prisoners, white & black, which were taken by the said Senecas, Mohawks, Onondagas and Cayugas, or by any of them, in the late war, from among the people of the United States, shall be delivered up.
Art. 2d. The Oneida and Tuscarora Nations shall be secured in the possession of the Lands on which they are settled.
Art. 3d. A line shall be drawn, beginning at the mouth of a creek about four miles east of Niagara called Oyonwayea or Johnsons landing place upon the Lake named by the Indians Oswego, and by us Ontario. From thence Southerly in a direction always four miles east of the Carrying path between Lake Erie and Ontario to the mouth of Tehoseroron or Buffaloe Creek on Lake Erie. Thence South to the north boundary of the State of Pennsylvania. Thence West to the end of the said north boundary. Thence South along the west boundary of the said State to the river Ohio. The said line from the mouth of Oyonwayea to the Ohio shall be the western boundary of the Lands of the Six Nations, so that the Six Nations shall and do yield to the United States all claims to the country west of the said boundary, and then they shall be secured in the peaceful possession of the lands they inhabit East and North of the same, reserving only Six miles square round the fort of Oswego to the United States for the support of the same.
Art. 4th. The Commissioners of the United States in consideration of the present circumstances of the Six Nations, and in execution of the humane and liberal views of the United States, upon the signing of the above articles, will order goods to be delivered to the said Six nations for their use and comfort.


Title: From James Madison to James Monroe, [ca. 20 November] 1784
From: Madison, James
To: Monroe, James

Dear Sir
Richmond [ca. 20] Novr. 1784
Your favor without date was brought by thursday’s post. It inclosed a Cypher for which I thank you & which I shall make use as occasion may require, though from the nature of our respective situations, its chief value will be derived from your use of it. Gel. Washington arrived here on Sunday last, and the Marquis on thursday. The latter came from Boston in a French frigate. They have both been addressed & entertained in the best manner that circumstances would admit. These attentions and the balloting for public offices have consumed the greatest part of the past week. Mr. Jones is put into the place of Mr. Short. Mr. Roan[e] and Mr. M. Selden are to go into those of Mr. M. Smith & Col. Christian who are the victims to that part of the Constitution which directs a triennial purgation of the Council. The vote is not to take effect till the Spring, but was made now in consequence of the discontinuance of the Spring Session. The rejected Candidates were Col: Bland, Cys. Griffin, G. Webb, W. C. Nicholas, Mr. Brackenridge, Col: Carrington. The latter was within one vote of Mr. Selden. Col: B. Mr. N. & Mr. B. had as nearly as I recollect between 20 & 30 votes. Mr. G. & Mr. W. very few. Mr. H. Innes late Judge of the Kentucky Court is to succeed W. D. late Attorney General in that District. His competitor was Mr. Stewart who was about 15 votes behind. I am Dr. Sir Yrs. sincerely
J. Madison Jr.


Title: To James Madison from Andrew Dunscomb, 24 November 1784
From: Dunscomb, Andrew
To: Madison, James

Sir,
Commissioners Office; Richmond Nov: 24. 1784.
To accomodate the late Officers of the Regular Line of this State and others on their settlements, I have to request Your influence for leave to bring in a Bill granting power to me to administer the necessary Oaths or Affirmations in the execution of my official duties. With esteem and regard I am &c
Andrew Dunscomb


Title: To James Madison from Richard Henry Lee, 26 November 1784
From: Lee, Richard Henry
To: Madison, James

Dear Sir,
Trenton November 26, 1784
I received your agreeable letter the day after mine of the 28th. instant had been dispatched. I thank you Sir for the very particular and satisfactory information that you have favord me with. It is certainly comfortable to know that the Legislature of our country is engaged in beneficial pursuits—for I conceive that the Gen. Assessment, and a wise digest of our militia laws are very important concerns: the one to secure our peace, and the other our morals. Refiners may weave as fine a web of reason as they please, but the experience of all times shows Religion to be the guardian of morals—and he must be a very inattentive observer in our Country, who does not see that avarice is accomplishing the destruction of religion, for want of a legal obligation to contribute something to its support. The declaration of Rights, it seems to me, rather contends against forcing modes of faith and forms of worship, than against compelling contribution for the support of religion in general. I fully agree with the presbyterians, that true freedom embraces the Mahomitan and the Gentoo as well as the Christian religion. And upon this liberal ground I hope our Assembly will conduct themselves. I believe there is no doubt but that the population of our country depends eminently upon our Revenue laws, they therefore, demand intense consideration. It is natural for men to fly from oppression to ease, and whilst our taxes are extremely heavy, and North Carolina & Georgia pay little or no tax, it is not to be wonderd that so many of our people flock to these States & unfortunately they are carrying to Georgia & South Carolina the Cultivation of Tobacco. I do not mean by this, that we should suffer ill example to prevent us from honorably and punctually paying our debts. But I think that we may fairly practise here, as other Nations the most honest do—I mean, exactly to pay the interest, and slowly to sink the principal. An attempt to do the latter too suddenly will ruin, by depopulating, the country. The only mode appears to be, a funding of the whole debt, so as certainly to pay the interest, and slowly the principal. Cannot a sinking fund be brought to bear upon the latter, by throwing all overflowings of taxes into a Reservoir for gathering interest upon interest? I suppose that at all events, the facilities offerd by Congress in their Act of the 28th. of April last will be among the amendments to the Revenue law this Session.
The people have certainly sufferd much hitherto by not knowing in season what taxes are lawfully demandable from them. For want of this information, numbers are compelled to submit to the extortion and abuses of Collectors. The Treasurer used formerly to publish annually in the papers what were to be the Taxes of the year, and this practise was then very useful. But at present, the dispersion of newspapers is so uncertain, that information thro that channel would reach but few. A Statement from the Treasury printed in the way of Handbills, to be put up at the Court-Houses & churches, might perhaps furnish the requisite information, & save the people from extensive abuse. I am very happy to know, for the honor of our country, that there is a probability of the impeding laws being again taken under deliberation. What I wrote to you in my last upon this subject, is a most serious consideration, and the inclosed paragraphs, taken from a late paper, will shew you how quickly the fame of our proceedings travels, and the effect likely to be produced upon our Commerce!
By the 5th. article of the Confederation, the annual meeting of Congress is to be on the first Monday in November, and by our Act establishing one yearly meeting of the Assembly on the third monday in October; you will see Sir, that there is very little probability of Virginia being represented in Congress for some time after its federal day of meeting. So that it becomes necessary to consider this matter. I suppose that either the Assemblies time of meeting must be altered, or the Delegates for the ensuing federal year be chosen this present Session. We have not yet made a Congress but we have some reason to expect eight States on Monday next. I understand that Spain means to insist upon the exclusive navigation of the Mississippi, which will render the exploring our western waters of the greater importance.
I am dear Sir, with great esteem and regard Your most obedient and very humble Servant
Richard Henry Lee
P.S. If the election of Counsellors is not over, may I be permitted to suggest what I realy believe will improve and fortify the counsels of that Board. It is, that Major Gen. Gates be appointed a Member of it. He has a pretty good estate in Berkeley, is a single Man & therefore not withheld from due attendance by domestic considerations. But above all, he is a Man of great worth, solid judgement, and sound attachments to America. A propos—It is by many here suggested as a very necessary Step for Congress to take—The calling upon the States to form a Convention for the Sole purpose of revising the Confederation so far as to enable Congress to execute with more energy, effect, & vigor, the powers assigned it, than it appears by experience that they can do under the present state of things. It has been observed, why do not Congress recommend the necessary alteration to the States as is proposed in the Confederation? The friends to Convention answer—It has been already done in some instances, but in vain. It is proposed to let Congress go on in the mean time as usual. I shall be glad of your opinion on this point, it being a very important one.

R. H. Lee


Title: Preamble and Portion of an Extradition Bill, [26 November] 1784
From: Madison, James
To:

[26 November 1784]
Whereas it is the desire of the good people of this Commonwealth in all cases to manifest their reverance for the law of Nations, to cultivate amity and peace as far as may depend on them between the United States and foreign powers, and to support the dignity and energy of the fœderal Constitution:
Be it enacted by the General Assembly that if any Citizen or inhabitant of this Commonwealth shall go beyond the limits of the U. S. within the acknowledged jurisdiction of any Civilized Nation and shall within the same commit any crime for which in the judgment of the U. S. in Congress assd. the law of Nations or any Treaty between the U. S. and a foreign Nation, requires him to be surrendered to the offended Nation, and shall thereafter flee within the limits of this Commonwealth; and the Sovereign of the offended Nation shall exhibit to the U. S. in Congs. Assembd. due and satisfactory evidence of the crime, with a demand of the offender to be tried & punished where the same was committed; and the U. S. in Congs. assd. shall thereupon notify such demand to the Executive of this State, and call for the surrender of such offender, the Governor with the advice of the Council of State is hereby authorized to cause him to be apprehended and conveyed and delivered to such person or persons as the United States in Congress assembled may prescribe.


Title: From James Madison to James Madison, Sr., 27 November 1784
From: Madison, James
To: Madison, James, Sr.

Hond. Sir
Richd. Novr. 27. 1784
Having a moments time to drop you a line I inform you that the Bill for confirming surveys agst. subsequent entries has been negatived by a large majority, rather on the principle that it was unnecessary & retrospective, than that it was unjust in itself. On the contrary all the principal gentlemen were of opinion that it was just, but already provided for by the law. Mr. Innes the late Judge of the Kentucky Court, in particular told me he thought such surveys could not be overset. You will have heard of the vote in favr. of the Genl. Assesst. The bill is not yet brought in & I question whether it will, or if so, whether it will pass. This day a vote passed without a dissent for Circuit Cou[r]ts. What opposition may be made to its passage I know not. I have not yet found time to do your business at the Land Office. I expected before this to have seen my brother A. & Majr. Moore. I have been a little indisposed for a few days with a bad cold which still continues, otherwise I am well. M. Joseph will tell you the price of Tobo. I think it will rise. With my regards to the family I am Dr. Sir your affect. son
J Madison Jr