Title: Compensation of the President and Vice-President, [7 February] 1793
From: Madison, James
To:

[7 February 1793]

   The House took up “the bill fixing the compensation of the President and Vice President of the United States.” Mercer moved to amend the bill by placing on it a four-year time limit to ensure the dependence of the executive upon the legislative branch. Livermore and Gerry opposed the amendment.

Mr. Madison said, that the independence of the executive with regard to the legislative, as contemplated by the constitution, went no further, than as it prevented the legislature from changing the salary of the supreme executive magistrate during the time of his election. The motion, he conceived, in no manner infringed on this part of the constitution, either on its letter or on its spirit.
The salary hitherto allowed the supreme magistrate he did not look upon as ever having been fixed by a proper and equal representation. He did not conceive that the former legislature, tho’ organized agreeably to the constitution, could be considered in that light, it was necessarily but an imperfect representation. From this consideration he wished the succeeding house, who would really represent the will of the people, as unshackled as the present house is, when they come to fix the compensation of the President and Vice President.
The experience which the present President will have had of the expence necessary to support, with propriety, the duties and dignity of the office will be a sure guide to a future legislature when they come to affix a permanent salary to the office.


Title: To James Madison from Daniel Carroll, 11 February 1793
From: Carroll, Daniel
To: Madison, James

My dear Sir,
feby 11th. 1793
Your favor of the 27th Ulto came to hand. With respect to yr. proceedings I have not receiv’d the papers sufficiently regular to follow you. I hope intentions are good, all then will be right. How it is to be in Europe Father time only will say. I expect all Ireland will be in America shortly; if the people can only lay in a Sufficient Stock of potatoes to keep themselves alive on their passage. Do you never cast yr. mind to the British Parliament now setting; How will the Kings speech read? Try your hand, & compare hereafter. The debates will be very interesting, & many good speakers be apt to stammer—from our short conversations at Baltimore you saw I was no Jacobin. They may have been useful in rousing a Spirit which opposd & defeated an invasion, but a very different Spirit than what has been manifested on sevl occasions in my opinion must prevail to ensure their liberty & happiness. I wish we may have some opportunity of conversing over these and other matters. I shall be in G Town from the 4th. of Next Mo several days after. What time do you propose returning? Can you make a Sacrifice of a few days in this neighbourhood?
Remember me affectionately to the Ladies of the family, & to those of my friends who sometimes cast a thought, on Dr Sr., yours Sincerely & affecy
Danl Carroll


Title: Public Debt, [11 February] 1793
From: Madison, James
To:

[11 February 1793]

   The House passed a resolution on 21 November 1792 requesting the secretary of the treasury to report a plan for the reduction of the public debt. On 3 December Hamilton submitted his report, which the Committee of the Whole considered on 11 February 1793 (Annals of CongressDebates and Proceedings in the Congress of
          the United States, 1789–1824 (42 vols.; Washington, 1834–56)., 2d Cong., 2d sess., 711, 722, 733, 870). Giles moved that the committee rise, arguing that the information provided by the secretary was insufficient for the committee to enter “into a discussion on the subjects of the new loans, and new taxes.” FitzSimons urged the committee to “take up the propositions offered by the Secretary, and adopt or reject them.”

Mr. Madison defended an observation brought forward by Mr. Giles, which was that there was a manifest impropriety in bringing forward abstract propositions for discussion, when it was not known what consequences were involved in the adoption of those propositions. Mr. Madison stated a variety of particulars to shew that such abstract propositions are improper. He professed his wishes that some provision should be made for reducing the debt; he believed his colleague was sincere in his professions to the same purpose. He recapitulated some of the objections arising from the imperfect state of the information before the House.


Title: To James Madison from Richard Peters, 26 February 1793
From: Peters, Richard
To: Madison, James

Dear Sir
26th. Feby 1793.
Always attentive to your Requests I have looked over & considered the Bill about which you spoke to me. Time is too short to correct it. Yet I rather retract this Idea, not being in the Predicament of one of our State Circuit Judges, who wrote, a few Weeks ago, a long Letter to our Assembly, & told them “his Time was so prodigiously taken up that he had not Leisure to shorten his Letter.” I should correct the Bill by striking out two thirds of it.
All that is really necessary & now pressing is, by a short Clause, to give to your Circuit & District Courts the Power of appointing Commissioners to take Bail. This will remedy, every Inconvenience now requiring Redress & you may amuse yourselves when you have more Leisure with the other Matters & entitle them Legal Sports. The Circuit Court should have this Power, for civil Causes particularly, & the District Court for Revenue Cases, but in both it may be generally vested. It is hard that a Defendant should be brought down from a Distance merely to give Bail.
As to the Affidavit Business & Endorsement of Prosecutors it will embarrass the US in Prosecutions & Pltffs in civil Causes so as more frequently to defeat Justice in the Pursuit of fair & honest Demands, than to protect Defendants from Oppression.
The 8th. & 9th. Clauses are proper enough & some Things may be picked out of one or two other Clauses, that will not be found wholesome as they are now mixed with morbific Matter.
The 7th. Clause is now & may be productive of great Abuses & Mischiefs. It is happy that it did not pass long enough before Blanchard’s Aeronautic Voyage & Descent. For if our Citizen Peasants in the Pine Barrens of Jersey had had Notice of such a Law, they would have supposed the Balloon to be a federal Vehicle laden with Ca. fa’s, fi: fa’s & Copies of Judgments against the Bipeds & Fellow Mortals of Jersey, obtained, for ought they knew, by Default, in Georgia or New Hampshire. Blanchard would have stood no more Chance among them than would an Aristocrat or Monarchy Man in the Section of Marseilles at Paris. They would have shot him (not having the Convenience of the Lanterne) not as a Post Master, but a Post Marshall. Forever after, their Fears would be kept alive by Flights of Crows, Wild Geese or Pidgeons, which they would suppose were other aerial Mails, filled with Alias & Pluries Castigations. Happy Blanchard! Thy Descent from the Clouds was more fortunate to thee than if it had been from Kings! Forgive my laughing a little on a grave Subject. Hæ Nugæ ad seria ducient. Believe me very sincerely and affectionately Yours
Richard Peters


Title: From James Madison to James Madison, Sr., 1 March 1793
From: Madison, James
To: Madison, James, Sr.

Hond Sir
Pa. March 1. 93.
I red. yesterday yours inclosing a letter to Mr Chew, which I forward this morning. The one here inclosed from him came to hand a few days ago. For the news I refer to the inclosed papers, having not a moment to spare for adding more than that I remain Yr. Affee. son
Js. Madison Jr


Title: Resolutions Censuring the Secretary of the Treasury, [1 March] 1793
From: Madison, James
To:

[1 March 1793]

   In the final political attack on Hamilton of the second session, Representative William Branch Giles on 27 February introduced nine resolutions censuring the official conduct of the secretary of the treasury. “Giles’s resolutions … were so worded as to carry innuendo that something was very wrong” (Freeman, Washington, VII, 4–5 nn. 23, 24). They were probably intended to influence the Virginia congressional elections, which had been postponed until 18 March because of delayed redistricting (Norman K. Risjord, Chesapeake Politics, 1781–1800 [New York, 1978], p. 422). On 28 February the House referred the third through eighth resolutions to the Committee of the Whole. On 1 March the committee considered the third resolution, which asserted that Hamilton had violated the Funding Act of 1790 (Annals of CongressDebates and Proceedings in the Congress of
          the United States, 1789–1824 (42 vols.; Washington, 1834–56)., 2d Cong., 2d sess., 895, 899–900, 905, 907). A spirited debate ensued.

Mr. Madison. He wished not, he said, to waste a moment of the small portion of time left, by regretting its insufficiency for a full discussion of the subject before the committee. But he thought it due to truth and to the honourable and independent motives of his colleague (Mr. Giles) in proposing the resolutions, to remark that the lateness of the day to which they had been postponed did not justify the strictures which had been made on it. If the delay was not to be considered as unavoidable, some blame at least would fall elsewhere. The enquiries in which the whole business originated, had been moved by his colleague and passed the house some weeks ago. The reports in answer to these enquiries had not been finally made and printed a single day before the present resolutions were submitted to the house. He admitted that it might have been impracticable to report the information called for as early as was desired by the house: He was sensible of the anxiety that would be naturally felt by the officer called upon, to present every consideration that might place his conduct in the most favourable point of view: yet with all these allowances, it was impossible to deny that the reports contained things which did not belong to them, and therefore consumed time which belonged to the period for discussion. He would mention one instance on which there could not possibly be a difference of opinion; viz. the vindication, formally undertaken by the secretary, of the policy of borrowing money abroad. Whether this policy was right or wrong, the legislature had themselves decided in favour of it; and it was the duty of the Secretary in complying with the orders of the house, to inform the house, how the law had been executed, not why it had been made; to explain his own conduct, not to justify that of the legislature.
It had been asked why the call for information had not been sooner made? The answer was obvious and simple. It was not sooner perceived by the house, that there was such a necessity for it. The want of information was first suggested by the bill for paying 2,000,000 of dollars to the bank although 200,000 only were immediately due, and for authorising another foreign loan to the amount of 2,000,000. From the dawn of light thrown by some circumstances incident to the occasion, on the darkness in which the house had remained, proceeded those doubts and enquiries which had led to the information now possessed. His colleague had great merit in having brought about this development. He had rendered a service highly valuable to the legislature, and no less important and acceptable to the public. One good effect of the information had been, that it prevented the passage of the bill for borrowing 2,000,000 of dollars as an anticipated payment to the bank. The bill had dropt from the hand of its patron with the first light that broke in upon the house. What other measures would have been prevented or varied, if a like knowledge of our funds and finances had been sooner obtained, was matter of serious consideration.
Another consequence of the reports taken together, was that the face of them presented to his colleague, an evidence of the charges contained in the resolutions. Whether at so late a day it was best to leave the subject as exhibited by the various documents in print, for the examination and opinion of the public, or to press it on the consideration of the house, was a point which every member had a right to decide for himself. His colleague had viewed the positions stated in his motion as too important to be suspended; and as supported by such clear and authentic proofs, that a small portion of time would suffice for the subject. Under this impression, what was his right became his duty; and he had discharged it by offering his resolutions to the house.
As the house had refused to commit the two introductory resolutions which established the rule of judgment to be applied to the case, and the last also, which declared the inference to be drawn; the task of the committee was limited to a simple enquiry into the facts stated. They were to make out and report a special verdict of these, and leave it to the house to pronounce the proper judgment arising from them.
The resolution immediately before the committee imported “that the Secretary of the Treasury had violated the law passed on the 4th of August 1790, making appropriations of certain monies,” first, “by applying a certain portion of the principal borrowed, to the payment of interest on that principal”—secondly, “by drawing part of the same monies into the United States, without the instruction of the President.”
The questions here are questions of fact; and whatever quality may be attached by different gentlemen to the several facts, it would seem as if the facts themselves are too clearly supported by the reports of the Secretary, and the documents attending them to be denied or controverted:
The law of August 4, 1790, authorised the President to cause to be borrowed 12,000,000 of dollars to be applied to the foreign debt of the United States. A subsequent law of August 12, 1790, authorised another loan of 2,000,000 of dollars, to be applied to the domestic debt of the United States.
A power to make these loans was delegated on the 28th August 1790, to the Secretary by a general commission in the usual form, referring to the several acts above-mentioned; but without any farther discrimination of the loans to be made. As the law however for applying loans to the foreign object was prior in date, the presumption would rather be that it was to have a priority of execution; that the first money borrowed was to belong to the first object provided for. It was unnecessary however to dwell on this consideration, because the President had removed all uncertainty by the precise explanations and instructions which accompanied the power to the Secretary, and which ought in truth to be deemed a part of the commission.
The instruction having been more than once read to the committee, he would content himself with referring to it. (The part referred to is in the following words, “I do hereby make known to you, that in the execution of the said trust, you are to observe and follow the orders and directions following, viz. Except where otherwise especially directed by me, you shall employ in the negotiation of any loan or loans which may be made in any foreign country, William Short, Esquire, you shall borrow or cause to be borrowed, on the best terms which shall be found practicable, and within the limitations prescribed by law, as to time of repayment and rate of interest, such sum or sums as shall be sufficient to discharge, as well all instalments or parts of the principal of the foreign debt, which now are due, or shall become payable to the end of the year 1791, as all interest and arrears of interest which now are or shall become due, in respect to the said debt, to the same end of the year 1791. And you shall apply, or cause to be applied, the monies which shall be so borrowed, with all convenient dispatch, to the payment of the said instalments, and parts of the principal and interest, and arrears of interest of the said debt. You shall not extend the amount of the loan which you shall make, or cause to be made, beyond the sum which shall be necessary for completing such payment, unless it can be done upon terms more advantageous to the United States, than those upon which the residue of the said debt shall stand or be. But if the said residue, or any part of the same can be paid off by new loans, upon terms of advantage to the United States, you shall cause such further loans as may be requisite to be made, and the proceeds thereof to be applied accordingly. And for carrying into effect the objects and purposes aforesaid: I do hereby further empower you to make or cause to be made, with whomsoever it may concern, such contract or contracts, being of a nature relative thereto, as shall be found needful and conducive to the interest of the United States.”)—By this formal act issued along with the commission to the secretary, the President designated the object to which the loans to be made, were to be applied; and by declaring the object to be that provided for by the act of August 4th 1790, he expressly placed the loan under the authority and provision of that act; so that the moment the money should be borrowed, it was to stand legally appropriated to its specified object; as much as if another law, authorising another loan, for another purpose had not existed.
This arrangment of the President was the more proper, not only because provision for the payment of the foreign debt had been the primary object of the legislature, and the payment of the French debt, the anxious wish of their constituents but because payments to France were no longer matter of option, but of strict and positive obligation on the United States. In proof of this, he stated, that the debt to France, calculated to the end of 1791, and computing the livre at 5 4–10 to a dollar, amounted to 4,814,814 dollars, whilst the payments actually made, computing the florin at 2 1–2 to a dollar, amounted to no more than 3,372,717, leaving as a balance at the end of 1791–1,442,097 dollars. Adding to this balance, the instalments due for 1791, amounting to 638,888 dollars—there were to be paid within that year 2,082,985 dollars. The entire payments, however, composed of 656,500 dollars in Europe, and 726,000 put to the account of St. Domingo (although 444,263.83 were actually paid) amounted to 1,382,500 dollars, leaving due at the end of 1791, a balance of 698,485.
Here he adverted to and read a paragraph in the report of the secretary page 16, where in allusion to the measure of drawing bills in the latter part of 1792, he says “I feel myself the more at liberty to do it, because it did not interfere with a compleat fulfilment of the public engagements in regard to the foreign debt. It could be done consistently with a full reimbursement of all arrears & instalments which had accrued on account of that debt.” Mr. M. observed, that as he could not reconcile this paragraph with the calculations which he had stated, and which were drawn from official documents, he must regard it as an unquestionable error produced by some hasty view of the subject.
Returning to the commission, Mr. M. repeated that all the money which that instrument, defined and qualified by the instruction annexed to it, authorised the secretary to borrow, was actually and specifically appropriated to the payment of the foreign debt, and under circumstances particularly urgent, in relation to a part of it.
In what manner had this trust been carried into execution? It was to be observed with regret, that on the very day, on which the commission and instruction issued from the President, the secretary commenced his arrangement for diverting part of a loan, accepted and ratified by virtue of his commission to a purpose different from that specified and required by his instruction. That a fact of so extraordinary a complexion, might be grounded on the most unexceptionable proof, Mr. M. said, he should take the liberty of supporting it by the authority of the secretary himself. Here he read from the secretary’s letter dated August 28, 1790, to the Dutch houses from whom the loan had been accepted, the following passages, viz “I should also wish, for particular reasons that the business may be so regulated as to give it the form of two loans one for two millions under the first act, and the other for one million under the second. But neither about this, am I so solicitous as to be willing that it should constitute an embarrassment.”
“I destine a million and an half of this sum as a payment to France under the direction of Mr. Short, our chargé des affairs at that court, whose orders for that purpose you will please to follow.”
The aspect here presented by a comparison of the several documents, was singular and remarkable. The subordinate officer appeared in direct opposition to the chief magistrate. The agent was seen over-ruling by his own orders, the orders of his principal. The language of the president was—By virtue of the power vested in me by law, I destine the money to be borrowed, to the discharge of the instalments and interest of the foreign debt. The language of the secretary was—I destine a part of the money only to that purpose, and a part to be brought to the United States for other purposes. He left every member to make his own reflections on the subject. He would only observe in general that it demonstrated the truth asserted in the proposition that the secretary had violated both the law of August 4th. 1790, and the instruction of the President relating to it.
He then proceeded to a more distinct view of the two points particularly stated in the resolution.
The first was “That a certain portion of the principal, borrowed under the act of August 4, 1790, had been applied to the payment of the interest falling due on that principal.” As the fact, would not, he presumed be denied, he forbore to quote that part of the documents, which admitted and authenticated it. He would however, premise to any observations on it, a cursory view of the nature of appropriations.
It was unnecessary to repeat the emphatic remarks on this subject, which had fallen from the member from Pennsylvania (Mr. Findley). It was sufficiently understood: he concluded that appropriations of money were of a high and sacred character; that they were the great bulwark which our constitution had carefully and jealously established against executive usurpations. He meant only to take notice of the different plans into which appropriations might be moulded, and of the particular operation, which ought to be given to them.
One of the plans, was that of appropriating specified funds to specified objects; in which the supposed certainty of the funds was adjusted to the supposed importance of the objects.
The other plan formed all the branches of revenue into an aggregate fund; on which the several objects should have a priority of claim, according to their superiority of importance.
It was evident, that in both these cases, the legislature alone, possessed the competent authority. The exclusive right of that department of the government to make the proper regulations, was the basis of the utility and efficacy of appropriations.
There was a third question incident to the doctrine of appropriations, viz. Whether, under specific appropriations, such as had been adopted by Congress, the executive authority could, without special permission of the law, apply the excess of one fund to the aid of a deficient one; or borrow from one fund for the object of another. On this question there might perhaps be a difference of opinion. He would only remark, that admitting such a discretion to be implied in the trust of executing the laws, it would still be requisite that the due sanction of the executive should be given, that a regular account should be kept between the different funds, and that all advances from one to the other should be replaced as soon as possible. This was equally necessary to the preservation of order in the public finances, and to a proper respect for the authority of the laws.
In the present case it did not appear that the monies taken at different times from the loans designated by the President, and thereby placed under the appropriation of the act of August 4, 1790, to the foreign debt, had ever been replaced. It did not appear that any such replacement was regularly planned or provided for. It was particularly worthy of observation moreover, that the only use within the United States for which any loan in Europe could be assigned, was that of the sinking fund; that the trustees of this fund had never been even informed of the drafts; that if all the monies drawn had been carried to the sinking fund, the limited sum of 2,000,000 of dollars would have been exceeded; and that the statements and accounts had in fact been so wound up, as mentioned by the Secretary, that not a single dollar of the money laid out in purchasing the public debt, had been charged on loans drawn into the United States; altho’ such was the only purpose to which they were legally applicable, and such the principal reason assigned for making the drafts.
He did not go into a particular proof that the sum drawn into the United States, after subtracting the whole sum placed to a foreign account, exceeded the sum of 2,000,000 of dollars, because the fact had been conceded on the other side, particularly by the statement of the member from Connecticut (Mr. Hillhouse).
Thus it appeared clearly, in confirmation of the first point, that the application of a certain portion of the principal borrowed in Europe, to payment of the interest, was not a mere transposition of monies, to prevent the sending them backwards or forwards; nor an advance of money from an overflowing fund in favor of a deficient one; but an absolute diversion of appropriated money: and consequently a violation of the law making the appropriation.
The second point in the resolution, related to the drawing of monies into the United States without the instruction of the President.
This point had been fully established by the documents and explanations applied to the first. They had done more: They had demonstrated that the instructions of the President which dedicated the loans to be made under his commission, to a foreign object, were an express prohibition of drafts for any domestic object. It was sufficient therefore to refer to the instructions of the President, and to the contradictory steps taken by the Secretary.
Two attempts had been made to elude the force of these official proofs.
The first appealed to the President’s speech at the opening of the Session in 1790; to the report of the Secretary made in consequence of it to the house; and to the supplementary act of Congress passed in conformity to the report.
Had the circumstances involved in this transaction been attended to by those who seemed to rely on it, Mr. M. was persuaded that a reference to it would never have been made by gentlemen on that side. As they had thought fit however to draw arguments from that source, it was proper to give an answer to them; and the best answer would be a naked statement of facts.
The instruction of the President to the Secretary, was given, as has been seen, on the 28th of August 1790. The letter of the secretary contravening this instruction, was dated, as has also been seen, on the same 28th day of August, 1790.
The actual drawing of bills by the secretary commenced the 15th of December, 1790.
The law now pleaded in justification of the conduct of the secretary passed on the 3d of March 1791.
There are other facts material to a correct and full view of the business.

The speech of the President was delivered on the 8th of December, 1790. It briefly informed the two houses that “a loan of three millions of florins, towards which some provisional measures had previously taken place, had been completed in Holland,” and, “That the secretary of the treasury had his direction to communicate such further particulars as might be requisite for more precise information.”
The consequent report of the secretary recommending the provision in the supplementary act, was not received till the 25th of February, 1791: six days only before the constitutional dissolution of the house.
In the interval between the speech of the President and the secretary’s report, he had proceeded to draw bills to the amount of 793,392 florins.
His report, notwithstanding, what had been said of it, contained not a word from which it could be known, that a single florin had been actually drawn over to the United States.
The other attempt to elude the evidence before the committee recoiled with equal force on the gentlemen who had hazarded it. In the report lately made by the trustees of the sinking fund, is a statement laid before them by the secretary, in which it is noted, “that the acceptance of the loan of three millions of florins, and the application of one third of it to the purpose of that fund, was under the consideration of the President.”
From this fact it had been inferred, not only that the secretary had withheld no proper information from the trustees, but that the result of the President’s deliberations on the subject had varied the purpose signified by his first instructions to the secretary.
It happened however most unfortunately for the gentlemen who exulted in this argument, that they had entirely overlooked the dates of the two papers. The paper laid before the trustees, and alledged to have explained the final purpose of the President, was dated on the 25th of August 1790. The paper relied on by the other side, as the final, as well as the most formal, designation of the will of the President, was dated the 28th of August 1790. The gentlemen, therefore, instead of the inference they had made, should have reversed their premises, and joined with their opponents in concluding that the President was led, by a consideration of the subject, not to do what the secretary in his note to the trustees seemed to anticipate, but what had been evinced by the President’s own act of posterior date.
The second point then, as well as the first, rests on the most solid proofs taken from a collective view of authentic documents.
Much has been said on the necessity of sometimes departing from the strictness of legal appropriations, as a plea for any freedoms that may have been taken with them by the secretary. He would not deny that there might be emergencies, in the course of human affairs, of so extraordinary and pressing a nature, as to absolve the executive from an inflexible conformity to the injunctions of the law. It was, nevertheless, as essential to remember, as it was obvious to remark, that in all such cases, the necessity should be palpable; that the executive sanction should flow from the supreme source; and that the first opportunity should be seized for communicating to the legislature the measures pursued, with the reasons explaining the necessity of them. This early communication was equally enforced by prudence and by duty. It was the best evidence of the motives for assuming the extraordinary power; it was a respect manifestly due to the legislative authority; and it was more particularly indispensible, as that alone would enable the legislature, by a provident amendment of the law, to accommodate it to like emergencies in future.
In the proceedings falling under the present enquiry, no necessity appeared for the liberties which had been taken, the money appropriated in Europe being more wanted there than at home. It appeared that the instructions of the Supreme Executive, instead of warranting those liberties, had precluded them. Nor had the proper explanations been disclosed in due time to the Legislature.
To place the subject in a more distinct point of view, it was proper to advert to the precise authorities and duties of the Secretary, as his office is defined by the act establishing the treasury department. For this purpose Mr. M. read the second section of that act, which is in the words following—“That it shall be the duty of the Secretary of the treasury to digest & prepare plans for the improvement and management of the revenue, and for the support of public credit; to prepare and report estimates of the public revenue, and the public expenditures; to superintend the collection of the revenue; to decide on the forms of keeping and stating accounts and making returns, and to grant under the limitations herein established, or to be hereafter provided, all warrants for monies to be issued from the treasury, in pursuance of appropriations by law; to execute such services relative to the sale of the lands belonging to the U. States as may be by law required of him; to make report and give information to either branch of the Legislature, in person or in writing (as he may be required) respecting all matters referred to him by the Senate or House of Representatives, or which shall appertain to his office; and generally to perform all such services relative to the finances, as he shall be directed to perform.”
This establishment of the office, evidently had no reference beyond the case of superintending the regular and ordinary collection of the revenue, and granting warrants for monies issued from the treasury, in pursuance of appropriations by law.
The case of loans, as an occasional and extraordinary resource, was left to be provided for by particular laws for the purpose. The authority with respect to the loans in question was accordingly committed to the President, in order to secure for so special a trust, the highest responsibility to be found in the government. And when it was considered that the whole sum contemplated was no less than fourteen millions of dollars; and when the latitude as to the terms and contracts was combined with the vastness of the sum; it might well be questioned whether so great a power would have been delegated to any man in whom the legislature and the people of America, had less confidence than they so justly reposed in the existing chief magistrate; and whether an equal power will ever be committed to a successor.
This distinction between the case of ordinary revenue and that of loans, is not only consonant to the actual policy of our laws, but is founded in obvious and solid considerations.
In the collection and disbursement of the ordinary revenues arising from taxation, the business flows in official channels; is subject in every stage to official checks; and the money being in constant influx and efflux, nowhere accumulates in immense sums.
The case of loans is in all these respects different. In settling the terms and arranging the negociations, there is always an important discretion involved. When the loans are foreign as well as great, regulations concerning the bills of exchange form another occasion where great latitude is implied in the trust. Whilst the magnitude of the sums falling under the same direction at the same moment, present a further and material variance between the two cases.
The tendency of these observations is to shew, that as the permanent law establishing the treasury department does not extend the authority of the secretary to the case of loans, and as the law authorising loans, exacts, for special reasons, a responsibility from the President himself, the authority of the secretary in executing the loans and the appropriation of them, must be derived from the President; and, consequently where that authority fails, there can be no resort to the law establishing the department, much less to any general discretion incident to his official character. It is evident, that the President, although no doubt guided by the most proper considerations in employing the agency of the secretary of the treasury in the business of the loans, might, if he had judged fit, have substituted the agency of another; and that whatever agency he might prefer, his own instructions would always regulate the extent and exercise of the power conferred.
The want of any apparent authority from the President had led several gentlemen to insist on presumed authorities, superceding the instruction joined with the commission to the secretary: But here again the fair inference was to be reversed. A communication of the authorities given by the President to the secretary as to the application of the foreign loans, had been expressly requested by the vote of the house. It was not to be supposed that the secretary, if he had received further authorities or instructions would have failed to produce them, or to refer to them, in the justification of his conduct. Far less could it be presumed that the President, if he had given any superceding authorities or instructions, would not have caused them to be communicated to the house; or that he would have suffered a partial communication to mislead the house into an error, as to so important a fact. The President was the last man in the world to whom any measure whatever of a deceptive tendency could be credibly attributed.
Thus far said Mr. M. his observations had departed as little as possible from the question in its strictest sense. He should now avail himself of the opportunity afforded by the terms of the last clause which spoke of drafts generally, to take a more particular notice of those recently made; in doing which he considered himself safe within the rules of the House, which were so rigorously enforced against the affirmative side of the question.
The whole amount of foreign loans transferred directly or indirectly to the United States, appeared from the several statements to be about three millions of dollars.
The amount of the direct draughts was 2,304,769.13.
Of the drafts made since the 16th of April 1792, and sold by the bank, the proceeds now in the bank, or payable into it, before the 1st of April next, amount to 1,220,476.01 dollars. Of this sum, 510,000 dollars have been drawn in the course of the present session of Congress.
With respect to the times and the amount of these draughts, hitherto absolutely unknown to the Legislature, because the account of them had remained in the books of the bank without ever appearing in the books of the Treasurer, Mr. M. confessed that he had found no explanations that to him were satisfactory. He had looked through all the reports and all the communications before the house, without discovering either that they had been made by the authority or with the knowledge of the President; or had been required for, or applied to the purchase of the public debt; or had been ever communicated to the trustees of the sinking fund, who had the direction of such purchases; or that they were the effect of any necessity that could justify them.
And if there was no evident necessity for the proceeding, it was the more to be lamented that whilst we were every where sympathising with our allies, in their arduous struggles for liberty, and echoing from every part of the union, our congratulation, and good wishes, the pecuniary succours, so critically necessary to their cause, and the most substantial proof of the sincerity of our professions, should be silently withdrawn across the Atlantic, from the object for which they were intended: succours too, which were not merely a tribute of gratitude, of generosity, or of benevolent zeal for the triumph of liberty; but a debt moreover of strict and positive obligation, for value acknowledged and received. In contemplating the subject in this point of view, he felt a pain which he could not easily express; and to which he persuaded himself, the breast of no other member could be a stranger.
Laying aside however, all these unfavourable considerations, the important question still remained, why the legislature had been uninformed of the monies so unexpectedly drawn into the bank, and to so very great an amount. If the drafts had received every requisite sanction; if they had been produced by the most justifiable causes, the existence of 1,220,476 dollars in a situation so different from what had been contemplated, was a fact, which the representatives of the people had a right to know; which it was important to them, and their constituents, that they should know; and which it was the indispensable duty of the officer charged with it, to have made known.
This omission was the more remarkable, when considered in relation to the measure above mentioned, of paying off at once the whole sum of 2,000,000 dollars, payable to the bank by instalments in ten years. A bill for this purpose had been introduced, and was on its passage. The object of it had been patronized by a report of the secretary not long since made. In one of his last reports, he expressly states among the inducements to such extensive drafts of money from Europe, that they were made “with an eye to placing within the reach of the legislature”—the means requisite for this object. Was it not extraordinary; was it not unaccountable, that so important a measure should be recommended, and be actually introduced, and that money otherwise appropriated in Europe, should be transferred to this country and deposited in the bank, in order that it might be within the reach of being applied by the legislature to that measure; and yet that no disclosure should be made to the legislature of the fact, that the money was so drawn & lay at the bank within their reach to be so applied.

If any thing could heighten astonishment on this occasion, it must be the reason assigned by the Secretary for any obscurity that might have hung over our finances—“that till the last resolutions, no call had been made on the department, which rendered it proper to exhibit a general view of the public monies and funds, or to shew the amount and situation of such as were unapplied.” Mr. M. would not decide that the Legislature was free from blame, in not using more full and efficacious means of obtaining such information, as would have removed all obscurity. But whatever degree of blame might fall on them, it never could be admitted, that their calls on the department had furnished no proper occasion for exhibiting a full view of the public finances. He referred generally to the various resolutions, which, without the least force of construction, would have extended to every proper article of information. He reminded the committee of the latitude of reports under certain other orders of the House; and asked whether less freedom of construction was to be allowed when information was to be given, than when power or discretion was to be exercised? But independently of this view of the matter, Mr. M. held it to be clear and palpable, that the very situation of the money, afforded an occasion which rendered it proper, that the House should be informed of it. If a liberty could be taken, of removing money from Europe where it stood appropriated by law, to this country, where there was no legal object that required it, and with an eye, as was stated, to an object to which no money was applicable, without the authority of the Legislature, how could it possibly be supposed improper to take the further liberty of communicating what was done, to the Legislature?
He concluded with recurring to the particular form, in which the subject presented itself to the committee, and repeating, that whatever quality might be attached to the facts charged, or however improper it might be thought by some, to proceed in haste to any affirmative decision on them, it appeared irreconcilable with the evidence which had been produced, to decide, by a negative vote, against the truth of the facts.


Title: Advice to the President, [2 March] 1793
From: Madison, James
To:

[2 March 1793]
The President having some doubts with respect to the “Act for extending the time for receiving on loan that part of the Domestic Debt &c”—whether it might not prevent the Commissioners from closing the Accts. between the U. S. and Individual States within the time limited—desired the Opinion of the Secretary of the Treasury on that head; who gave it decidedly, that it related only to the Debt proper of the U. S. and had nothing to do with the assumption, or with the Accts. of individual states, and therefore could not interfere with the settlemt. of those Accts. The Secretary of State was not at his House, neither could he be found so as to obtain his opinion before the signing of the bill. The Opinion of the Attorny Genl. was requird, and given, agreeing with that of the Secy of the Treasury. Mr. Madison happening to be at the Attorney Genls. when his opinion was desird, the Attorney requested Mr. Madison’s sentiments on the subject, who observed, that he had opposed the bill in its passage through the House; but it was brought in when the House was much pressed with business, and he did not give it the full consideration he wished to have done; but on a reexamination of it at this time, he did not think it could be productive of the inconvenience wh. the President apprehended, and which he himself had thought it tended to produce.


Title: Notes on Proposed Constitutional Amendments, [ca. 3 March] 1793
From: Madison, James
To:

[ca. 3 March 1793]
The following amendments to the Constitution have it is said been laid before the Senate by the Members from Virginia, and will claim the attention and consideration of the public in the interval between the late and the Ensuing Session.
Here insert the amendts.
As one of the amendts. has for its object the purification of the Legislature from the pecuniary influence which has been so much complained of, it is apparent that some more efficatious remedy should be applied to so great an evil? It has occurred to several friends of a pure republican administration of our Govt. that it wd. be justifiable and expedient to add to the above amendts. a proposition, to the following effect—to wit “that each member of Congs. at the times of taking his seat & the qualification now required by the Constitution, shall state on oath, the amount of his property in public and Bank Stock of every kind; and shall moreover swear that during the term of his continuing a member, he will not purchase or deal in any such paper, or any public lands, or any other public property whatever.” If such a prohibition be necessary or salutary in the case of the several officers in the Executive line on whom it has been laid, the reasons seem to be far more cogent in relation to the members of the Legislature, who have it so much more in their power to convert public trust to their private emoluments.


Title: Memorandum by Thomas Jefferson, 11 March 1793
From: Jefferson, Thomas
To:

Mar. 11. 1793.
Qu. 1? What sacrifice may be made to retain mr Johnson in the office of Commissioner for the federal territory?
Answ. For such an object it is worth while to give up the plan of an allowance per diem, to give, instead of that, a sum in gross, and to extend that sum to 500. Dollars per annum, and expences; the latter to be rendered in account.
If mr. Johnson persists in resigning, as it is evident Dr. Stewart will not continue even for the above allowance; & mr. Carrol does not appear to make any conditions, the President will be free as to mr. Carrol & two new associates to adhere to the allowance per diem already proposed, or to substitute a sum in gross.
Qu. 2? May new commissioners be chosen in the town?
Answ. It is strongly desireable that the Commissioners should not be of the town, nor interested in it; and this objection is thought a counterpoise for a sensible difference in talents. But if persons of adequate talents & qualifications cannot be found in the country, it will be better to take them from the town, than to appoint men of inadequate talents from the country.
Qu. 3. How compensate them?
Answ. If they come from the country, the per diem allowance is thought best. If from the town, a sum in gross will be best, and this might be as far as 300. D. a year, & no allowance for expences: if partly from the town & partly from the country, then 300. Dol. a year to the former, and the same with an allowance of expences to the latter.
Mr. Madison, mr. Randolph & Th: Jefferson having consulted together on the preceding questions, with some shades of difference of opinion in the beginning, concurred ultimately & unanimously in the above answers.
Th: Jefferson


Title: From James Madison to Hubbard Taylor, 16 March 1793
From: Madison, James
To: Taylor, Hubbard

Letter not found. 16 March 1793. Acknowledged in Taylor to JM, 23 May 1793. Encloses newspapers and reports on the attempt during the recently adjourned congressional session to censure the secretary of the treasury’s official conduct.


Title: From James Madison to Thomas Jefferson, 24 March 1793
From: Madison, James
To: Jefferson, Thomas

Dear SirAlexanda. Mar: 24: 93
I wrote at Baltimore, but the letter being too late for the mail, I have suppressed it. It contained nothing of consequence. We arrived here to day (2 OC) and shall proceed to Colchester tonight. Our journey has been successful; tho’ laborious for the horses. The roads bad generally from Head of Elk; on the North of Baltimore, and thence to George Town, excessively so. I am just told by Mr. R. B. Lee here, that Rutherford is elected, so is Griffin, Nicholas, & New. The other elections are unknown here. Yrs. always & affey.
Js. Madison Jr


Title: To James Madison from Thomas Jefferson, [25 March] 1793
From: Jefferson, Thomas
To: Madison, James

Th: Jefferson to J. Madison.[25 March 1793]
The idea seems to gain credit that the naval powers combining against France will prohibit supplies even of provisions to that country. Should this be formally notified I should suppose Congress would be called, because it is a justifiable cause of war, & as the Executive cannot decide the question of war on the affirmative side, neither ought it to do so on the negative side, by preventing the competent body from deliberating on the question. But I should hope that war would not be their choice. I think it will furnish us a happy opportunity of setting another precious example to the world, by shewing that nations may be brought to do justice by appeals to their interests as well as by appeals to arms. I should hope that Congress instead of a denunciation of war, would instantly exclude from our ports all the manufactures, produce, vessels & subjects of the nations committing this aggression, during the continuance of the aggression & till full satisfaction [be] made for it. This would work well in many ways, safely in all, & introduce between nations another umpire than arms. It would relieve us too from the risks & the horrors of cutting throats. The death of the king of France has not produced as open condemnations from the Monocrats as I expected. I dined the other day in a company where the subject was discussed. I will name the company in the order in which they manifested their partialities, beginning with the warmest Jacobinism & proceeding by shades to the most heartfelt aristocracy. Smith (N. Y.) Coxe. Stewart. T. Shippen. Bingham. Peters. Breck. Meredith. Wolcott. It is certain that the ladies of this city, of the first circle are all open-mouthed against the murderers of a sovereign, and they generally speak those sentiments which the more cautious husband smothers. I believe it is pretty certain that Smith (S. C.) and miss A. are not to come together. Ternant has at length openly hoisted the flag of monarchy by going into deep mourning for his prince. I suspect he thinks a cessation of his visits to me a necessary accompaniment to this pious duty. A connection between him & Hamilton seems to be springing up. On observing that Duer was secretary to the old board of treasury, I suspect him to have been the person who suggested to Hamilton the letter of mine to that board which he so tortured in his Catullus. Dunlap has refused to print the peice which we had heard of before your departure, and it has been several days in Bache’s hands, without any notice of it. The President will leave this about the 27th. inst. & return about the 20th. of April. Adieu.


Title: To James Madison from Thomas Jefferson, 31 March 1793
From: Jefferson, Thomas
To: Madison, James

Th: J. to J. Madison.Philada. Mar. 31. 1793.
Nothing remarkeable this week. What was mentioned in my last respecting Bache’s paper was on misinformation, there having been no proposition there. Yours of the 24th. from Alexandria is received. I inclose you the rough draught of a letter I wrote on a particular subject on which the person to whom it is addressed desired me to make a statement according to my view of it. He told me his object was perhaps to shew it to some friends whom he wished to satisfy as to the original destination of the 3. mill. of florins, and that he meant to revive this subject. I presume however he will not find my letter to answer his purpose. The President set out on the 24th. I have got off about one half my superfluous furniture already and shall get off the other half within two or three days to be shipped to Virginia: & shall in the course of the week get on the banks of the Schuylkill. Ham. has given up his house in Market Street & taken a large one in Arch. Street near 6th.


Title: From James Madison to Thomas Jefferson, 31 March 1793
From: Madison, James
To: Jefferson, Thomas

Letter not found. 31 March 1793, Orange. In his list of letters to Jefferson (DLC: Rives Collection, Madison Papers), JM noted that this letter, like that of 24 Mar., concerned “Elections in Virga.” Received by Jefferson 9 Apr. (Jefferson’s Epistolary Record [DLC: Jefferson Papers]).


Title: From James Madison to the Minister of the Interior of the French Republic, April 1793
From: Madison, James
To: Roland, Jean Marie

SirVirginia. April 1793
I have recd. your letter of the 10th. of Octr. accompanying the decree of the National assembly of the 26. of Augst. last; which confers the title of French Citizen on several foreigners among whom I have the honor to be named.
In the catalogue of sublime truths and precious sentiments recorded in the revolution of France, none is more to be admired, than the renunciation of those prejudices which have perverted the artificial boundaries of nations into exclusions of the philanthropy which ought to cement the whole into one great family. The recitals of the Act which you communicate, contain the best comment on this great principle of humanity: and in proportion, as they speak the magnanimity of the French Nation, must claim the gratitude & affection of the Individuals so honorably adopted into her citizenship. For myself I feel these sentiments with all the force which that reflection can inspire; and I present them with peculiar satisfaction as a Citizen of the U. S. which have borne so signal a part towards banishing prejudices from the World & reclaiming the lost rights of Mankind; & whose public connection with France is endeared by the affinities of their mutual liberty, and the sensibility testified by the Citizens of each Country to every event interesting to the fortunes of the other.
To this tribute of respectful affection, I beg leave to add my anxious wishes for all the prosperity & glory to the French Nation which can accrue from an example corresponding with the dignified maxims they have established, and compleating the triumphs of Liberty, by a victory over the minds of all its adversaries.
Be pleased, Sir, to accept acknowledgts. due to the sentiments you have personally expressed in transmittg. the public act with which you were charged.
J. M.


Title: To James Madison from Ambrose Madison, 4 April 1793
From: Madison, Ambrose
To: Madison, James

Letter not found. 4 April 1793. Described as a one-page letter in the lists probably made by Peter Force (DLC, series 7, container 2).


Title: To James Madison from Thomas Jefferson, 7 April 1793
From: Jefferson, Thomas
To: Madison, James

Th: J. to J. Madison.Philadelphia Apr. 7. 93.
We may now I believe give full credit to the accounts that war is declared between France & England. The latter having ordered Chauvelin to retire within eight days, the former seemed to consider it as too unquestionable an evidence of an intention to go to war, to let the advantage slip of her own readiness, & the unreadiness of England. Hence I presume the first declaration from France. A British packet is arrived. But as yet we learn nothing more than that she confirms the accounts of war being declared. Genest not yet arrived. An impeachment is ordered here against Nicholson their Comptroller general, by a vote almost unanimous of the house of Representatives. There is little doubt I am told but that much mala fides will appear: but E. R. thinks he has barricaded himself within the fences of the law. There is a good deal of connection between his manœuvres & the accomodating spirit of the Treasury deptmt. of the US. so as to interest the impeachors not to spare the latter. Duer now threatens that, if he is not relieved by certain persons, he will lay open to the world such a scene of villainy as will strike it with astonishment. The papers I occasionally inclose you, be so good as to return, as they belong to my office. I move into the country tomorrow or next day. Adieu your’s affectionately.


Title: From James Madison to Thomas Jefferson, 12 April 1793
From: Madison, James
To: Jefferson, Thomas

Dear SirOrange April 12. 1793
Your favor of the 31. Ult: and the preceding one without date have been received. The refusal of Dunlap in the case you mention confirms the idea of a combined influence against the freedom of the Press. If symtoms of a dangerous success in the experiment should shew themselves, it will be necessary before it be too late to convey to the public through the channels that remain open, an explicit statement of the fact and a proper warning of its tendency. In the mean time it is perhaps best to avoid any premature denunciations that might fix wavering or timid presses on the wrong side. You say that the subject of the 3 Mil. flos. is to be revived. Have you discovered in what mode; whether through the next Congs. or thro’ the press; and if the latter, whether avowedly or anonymously. I suspect that the P. may not be satisfied with the aspect under which that and other parts of the fiscal administration have been left.
As far as I can learn, the people of this country continue to be united & firm in the political sentiments enpressed [sic] by their Reps. The reelection of all who were most decided in those sentiments is among the proofs of the fact. The only individual discontinued, is the one who dissented most from his colleagues. The vote at the election stood thus—for R. 886—S. 403—W. 276. It is said that the singular vote on assuming the balances, gave the coup de grace to his popularity. We were told at Alexa. that if the member for that district had been opposed, his election wd. have failed; and at Fredg. that a notice of G’s vote on the resolutions of censure had nearly turned the scale agst. him. I have seen & conversed with Mr. F. Walker. I think it impossible he can go otherwise than right. He tells me that I. Cole, and not Clay as in the Newspaper is elected for the Halifax District. Hancock, is the new member from the district adjoining Moore; & Preston for that beyond him. I fell in with Mr. Brackenridge on his way to Kentucky. He had adverted to Greenup’s late vote with indignation and dropped threats of its effect on his future pretensions.
The sympathy with the fate of Louis has found its way pretty generally into the mass of our Citizens; but relating merely to the man & not to the Monarch, and being derived from the spurious accts. in the papers of his innocence and the bloodthirstyness of his enemies, I have not found a single instance in which a fair statement of the case, has not new modelled the sentiment. “If he was a Traytor, he ought to be punished as well as another man.” This has been the language of so many plain men to me, that I am persuaded it will be found to express the universal sentiment whenever the truth shall be made known.
Our fields continue to anticipate a luxuriant harvest. The greatest danger is apprehended from too rapid a vegetation under the present warm & moist weather. The night before last it received a small check from a smart frost. The thermometer was down at 37° and we were alarmed for the fruit. It appears however that no harm was done. We have at present the most plentiful prospect of every kind of it.
Will you be so good, in case an oppy. shd. offer to enquire of Docr. Logan as to the plows he was to have made & sent to Mrs. House’s; and to repay there what may have been advanced for those & two or three other articles that were to be forwarded to Fredg. by water. I forgot to make the proper arrangements before I left Philada. Adieu Yrs. Affy.


Title: From James Madison to James Monroe, 15 April 1793
From: Madison, James
To: Monroe, James

Dr SirApl. 15. 93
Since sealing the inclosed I have a letter from Mr. Jef—son of Aprl. 7. He says war is certainly declared between Engd. & F. & inclosed a newspaper which gives the acct. The decln. commenced on the part of the latter, and seems to be grounded on its alledged actual existance on the part of the former. “An impeachment (says Mr. J.) is ordered here agst. Nicholson the Comptroller, by a vote almost unanimous of the H. of Reps. There is little doubt, I am told but that much mala fides will appear: but E. R. thinks he has barricaded himself within the fences of the law. There is a good deal of connection between his manœuvres & the accomodating spirit of the Treasy. Dept. of the U. S. so as to interest the Impeachors not to spare the latter. Duer now threatens that if he is not relieved by certain persons; he will lay open to the world such a scene of villainy as will strike it with astonishment.” I give you Mr. J.s own words that you may judge in what degree any part of them are confidential. Adieu
J. M. Jr


Title: To James Madison from Thomas Jefferson, 28 April 1793
From: Jefferson, Thomas
To: Madison, James

Dear SirPhiladelphia Apr. 28. 1793.
Yours of the 12th. inst. is received, and I will duly attend to your commission relative to the ploughs. We have had such constant deluges of rain & bad weather for some time past that I have not yet been able to go to Dr. Logan’s to make the enquiries you desire, but I will do it soon. We expect mr. Genest here within a few days. It seems as if his arrival would furnish occasion for the people to testify their affections without respect to the cold caution of their government. Would you suppose it possible that it should have been seriously proposed to declare our treaties with France void on the authority of an ill-understood scrap in Vattel 2.§.197. (‘toutefois si ce changement &c—gouvernement’) and that it should be necessary to discuss it? Cases are now arising which will embarras us a little till the line of neutrality be fairly understood by ourselves, & the belligerant parties. A French frigate is now bringing here, as we are told, prizes which left this but 2. or 3. days before. Shall we permit her to sell them? The treaty does not say we shall, and it says we shall not permit the like to England? Shall we permit France to fit out privateers here? The treaty does not stipulate that we shall, tho’ it says we shall not permit the English to do it. I fear that a fair neutrality will prove a disagreeable pill to our friends, tho’ necessary to keep us out of the calamities of a war. Adieu, my dear Sir. Your’s affectionately
Th: Jefferson


Title: From James Madison to Thomas Jefferson, 29 April 1793
From: Madison, James
To: Jefferson, Thomas

Letter not found. 29 April 1793, Orange. Acknowledged in Jefferson to JM, 13 May 1793. In his list of letters to Jefferson (DLC: Rives Collection, Madison Papers), JM noted that this letter concerned “political sentiments of Va.” Received by Jefferson 8 May (Jefferson’s Epistolary Record [DLC: Jefferson Papers]).


Title: To James Madison from Thomas Jefferson, 5 May 1793
From: Jefferson, Thomas
To: Madison, James

Th: J. to J. Madison.May. 5. 93.
No letter from you since that of Apr. 12. I received one from mr. Pinckney yesterday informing me he expected to send me by the next ship a model of the threshing mill. He had been to see one work, which with 2. horses got out 8. bushels of wheat an hour. But he was assured that the mill from which my model was taken get outs [sic] 8 quarters (i.e 64 bushels) of oats an hour with 4. horses. I have seen Dr. Logan. Your ploughs will be done in a week & shall be attended to. Seal & forward Monroe’s letter after reading it. Adieu. Your’s affectly.
P. S. I inclose a Boston paper as a proof of what I mention to Monroe of the spirit which is rising. The old tories have their names now raked up again; & I believe if the author of ‘Plain truth’ was now to be charged with that pamphlet, this put along side of his present Anglomany would decide the voice of the yeomanry of the country on his subject.


Title: To James Madison from John Dawson, 13 May 1793
From: Dawson, John
To: Madison, James

Dear Sir!May 13. 1793.
Our correspondence has been discont[in]ued for some time, much against my wish.
On Friday last Citizen Gennet passd this place on his way to Philadelphia. He appears to me to be a man possessd of much information, added to the most engageing & agreeable manners that I ever saw. He is very easy, communicative & dignified & will precisely suit the taste of our countrymen. All who have seen him are delighted, & if I mistake not he will do much honour to the republic he represents, & will soon throw Hammond, Vanberkle & Co far behind him.
We have an account this Morning from Norfolk, which is said to come by an American ship from London—which I most sincerely hope is not true, tho I fear much—“that there has been a violent mob in Paris, & have put to death Petion, Condorset, Monvel & several others.” With much esteem Yr. friend & Sert
J Dawson


Title: To James Madison from Thomas Jefferson, [13 May] 1793
From: Jefferson, Thomas
To: Madison, James

Th: J. to J. Mad.[13 May 1793]
I wrote you on the 5th. covering an open letter to Colo. Monroe. Since that I have received yours of Apr. 29. We are going on here in the same spirit still. The Anglophobia has seised violently on three members of our council. This sets almost every day on questions of neutrality. H. produced the other day the draught of a letter from himself to the Collectors of the customs, giving them in charge to watch over all proceedings in their districts contrary to the laws of neutrality or tending to infract our peace with the belligerent powers, and particularly to observe if vessels pierced for guns should be built, and to inform him of it. This was objected to 1. as setting up a system of espionage, destructive of the peace of society. 2. transferring to the Treasury departmt. the conservation of the laws of neutrality & our peace with foreign nations. 3. it was rather proposed to intimate to the judges that the laws respecting neutrality being now come into activity, they should charge the grand juries with the observance of them; these being constitutional & public informers, & the persons accused knowing of what they should do, & having an opportunity of justifying themselves. E. R. found out a hair to split, which, as always happens, became the decision. H. is to write to the collectors of the customs, who are to convey their information to the Attornies of the districts, to whom E. R. is to write to receive their information & proceed by indictment. The clause respecting the building vessels pierced for guns was omitted. For tho’ 3. against 1. thought it would be a breach of neutrality, yet they thought we might defer giving a public opinion on it as yet. Every thing my dear Sir, now hangs on the opinion of a single person, & that the most indecisive one I ever had to do business with. He always contrives to agree in principle with one, but in conclusion with the other. Anglophobia, secret Antigallomany, a federalisme outrée, and a present ease in his circumstances not natural, have decided the complexion of our dispositions, and our proceedings towards the Conspirators against human liberty & the Assertors of it, which is unjustifiable in principle, in interest, and in respect to the wishes of our constituents. A manly neutrality, claiming the liberal rights ascribed to that condition by the very powers at war, was the part we should have taken, & would I believe have given satisfaction to our allies. If any thing prevents it’s being a mere English neutrality, it will be that the penchant of the P. is not that way, and above all, the ardent spirit of our constituents. The line is now drawing so clearly as to shew, on one side, 1. the fashionable circles of Phila., N. York, Boston & Charleston (natural aristocrats), 2. merchants trading on British capitals. 3. paper men, (all the old tories are found in some one of these three descriptions) on the other side are 1. merchants trading on their own capitals. 2. Irish merchants. 3. tradesmen, mechanics, farmers & every other possible description of our citizens. Genest is not yet arrived tho’ hourly expected. I have just heard that the workmen I had desired from Europe were engaged & about to embark. Another strong motive for making me uneasy here. Adieu my dear Sir.


Title: To James Madison from James Monroe, 18 May 1793
From: Monroe, James
To: Madison, James

Dear SirAlbemarle May 18. 1793.
I have just returned home from an attendance on the courts at Fredbg & Richmond & promise myself repose at least for a short time. I called on Colo. Taylor from whom I enclose you a letter. I found he had been very busily employed upon some subjects of an interesting nature since he reached home. He has written near 60. (56. I believe) folio pages upon the subject of the bank and the funds in which I found many useful & judicious observations addressed in his humorous style concluding in the sentimt. that the bank shod. be demolished & proprietors of the latter excluded from the publick councils. His idea is that it be published in a pamphlet & abt. the commencement of the next session. I think it may be much curtailed & in some instances strengthen’d—he proposes to forward it to you as soon as transcribed for that purpose. It has been revised by Mr. Pendleton & approved. He says that altho’ the old gentn. was right in the outline of his politicks yet he had no idea of the extent to which things had been hurried, or of the turpitude which had obtained in the publick councils.
I saw Giles and Parker in Richmond. They were in spirits & inculcating doctrines to wh. that loyal city seemed a stranger. Mr Dawson I think their only associate in sentiment.
I have heard nothing from Phila. except a line from Mr. Beck[le]y, nor have I seen the piece left behind. I cod. wish Taylor had, or might yet be possessed, of a copy, before his escapes him, as it is precisely on the same subject & terminating in the same result—only his more copious & comprehensive. Mr. Beckley says he has sent a packet for you covering some of the copies for us both.
I found Mrs. M. & child well. We are preparing our lower office, plaistering &ca for our accomodation that the upper may be appropriated to our friends. In a few days we hope to have this accomplished. We hope soon for the pleasure of yr. company. We shall be quite in retirement, unvisited I believe by any one unless Mr. Jones shod. call on his return, so that we hope you will come up shortly.
Peter will bring the articles at yr. house; and likewise some [of?] Wilsons if arrived. Our best respects to the fam⟨il⟩y. Sincerely I am yr. friend & s⟨ervt.⟩
Jas. Monroe


Title: To James Madison from Thomas Jefferson, 19 May 1793
From: Jefferson, Thomas
To: Madison, James

Th: J. to J. Mad.Phila. May 19. 1793.
I wrote you last on the 13th. Since that I have received yours of the 8th. I have scribbled on a separate paper some general notes on the plan of a house you inclosed. I have done more. I have endeavored to throw the same area, the same extent of walls, the same number of rooms, & of the same sizes, into another form so as to offer a choice to the builder. Indeed I varied my plan by shewing what it would be with alcove bedrooms, to which I am much attached. I dare say you will have judged from the pusillanimity of the proclamation, from whose pen it came. A fear lest any affection should be discovered is distinguishable enough. This base fear will produce the very evil they wish to avoid: for our constituents seeing that the government does not express their mind, perhaps rather leans the other way, are coming forward to express it themselves. It was suspected that there was not a clear mind in the P’s consellors to receive Genet. The citizens however determined to recieve him. Arrangements were taken for meeting him at Gray’s ferry in a great body. He escaped that by arriving in town with the letters which brought information that he was on the road. The merchants i.e. Fitzsimmons & co. were to present an address to the P. on the neutrality proclaimed. It contained much wisdom but no affection. You will see it in the papers inclosed. The citizens determined to address Genet. Rittenhouse, Hutcheson, Dallas, Sargeant &c were at the head of it. Tho a select body of only 30. was appointed to present it, yet a vast concourse of the people attended them. I have not seen it: but it is understood to be the counteraddress. Ternant’s hopes of employment in the French army turn out to be without grounds. He is told by the minister of war expressly that the places of Marechal de camp are all full. He thinks it more prudent therefore to remain in America. He delivered yesterday his letters of recall, & mr. Genet presented his of credence. It is impossible for any thing to be more affectionate, more magnanimous than the purport of his mission. ‘We know that under present circumstances we have a right to call upon your [sic] for the guarantee of our islands. But we do not desire it. We wish you to do nothing but what is for your own good, and we will do all in our power to promote it. Cherish your own peace & prosperity. You have expressed a willingness to enter into a more liberal treaty of commerce with us; I bring full powers (& he produced them) to form such a treaty, and a preliminary decree of the National convention to lay open our country & it’s colonies to you for every purpose of utility, without your participating the burthens of maintaining & defending them. We see in you the only persons on earth who can love us sincerely & merit to be so loved.’ In short he offers every thing & asks nothing. Yet I know the offers will be opposed, & suspect they will not be accepted. In short, my dear Sir, it is impossible for you to concieve what is passing in our conclave: and it is evident that one or two at least, under pretence of avoiding war on the one side have no great antipathy to run foul of it on the other, and to make a part in the confederacy of princes against human liberty. The people in the Western parts of this state have been to the excise officer & threatened to burn his house &c. They were blacked & otherwise disguised so as to be unknown. He has resigned, & H. says there is no possibility of getting the law executed there, & that probably the evil will spread. A proclamation is to be issued, and another instance of my being forced to appear to approve what I have condemned uniformly from it’s first conception. I expect every day to receive from mr. Pinckney the model of the Scotch threshing machine. It was to have come in a ship which arrived 3. weeks ago, but the workman had not quite finished it. Mr. P. writes me word that the machine from which my model is taken threshes 8. quarters (64. bushels) of oats an hour, with 4. horses & 4. men. I hope to get it in time to have one erected at Monticello to clean out the present crop. I inclose you the pamphlet you desired. Adieu.


Title: To James Madison from Hubbard Taylor, 23 May 1793
From: Taylor, Hubbard
To: Madison, James

Dear SirClarke County 23d May 1793
Your last of the 16th. March was handed me by Colo. Orr. I am much obliged to you for the papers inclosed. I am sorry to find the necessaty of calling the conduct of so high an officer as the Secretary of the Treasury into question: but at the same time am very happy to find such strict enquiry and examination of Matters so important to the publick good.
Indian Affairs are in my opinion in a very bad way, little benifit will result either from the treaty or Army this year. I am well pursuaded that but a small proportion of the Indian tribes will attend the treaty, and while we are feasting a few at the expence of the U. States they will have parties commiting the most barbarous massacres on our defenceless inhabitants. God only knows when we are to be free’d from them by the present mode of Conducting Military matters.
I long much to hear some thing respecting the trade of the Mississippi the time draws on that great quanti[ti]es of Tobo., Flour, Beef, pork, Hemp, &c will be for market. Improvements in this Country is almost beyond conception, both as to society and agriculture as well as an increase of Inhabitants the latter of which has been considerable the fall & Spring past—which has occationed the Lands in the interior parts of the Country to sell high unimproved Lands frequently from £75 to £100 ⅌ 100 Acres, those improved from 25/ to 40/– ⅌ acre. You may Judge from this what our Country would soon be if the Indians was at peace, the Mississippi open, & the titles to our Lands adjusted; if I live to see all those take place, I shall behold the happiest & richest Country in the world: But the want of either of these three obje[c]ts will operate greatly to lessen the advantages dependant on the other two.
Our Court of appeals has now begun to do business—and I beleave from what I can learn will give pretty general Satisfaction. I have not a copy of the Rules by me or wd. inclose them, if I should procure them before the bear[e]r of this Letter sets out will send them. Our papers generally contain nothing of consequence but what comes through the Atlantic States—and being too often filled with personal abuse renders them not worth sending a distance. Our relations both in Jefferson and this quarter are all well, and are geting themselves well fixed with good little farms Comfortable Houses & plentifull Stocks, which are necessary appendages for an agreable life.
You will be pleased to remember me to all yr Fathers & brothers Famil[i]es in which Clary beg leave to Join. And beleave me to be at all times Dr. Sir Yr sincere & Affe: hble sert:
H. Taylor


Title: From James Madison to Thomas Jefferson, 27 May 1793
From: Madison, James
To: Jefferson, Thomas

Dear SirMay 27. 1793
I have recd. your letter with the unsealed one for Monroe & have forwarded the latter. Your subsequent one, which I calculate to have been written on the 12th. inst: came to hand two days ago. I feel for your situation but you must bear it. Every consideration private as well as public require a further sacrifice of your longings for the repose of Monticello. You must not make your final exit from public life till it will be marked with justifying circumstances which all good citizens will respect, & to which your friends can appeal. At the present crisis, what would the former think, what could the latter say? The real motives, whatever they might be would either not be admitted or could not be explained; and if they should be viewed as satisfactory at a future day, the intermediate effects would not be lessened & could not be compensated. I am anxious to see what reception Genest will find in Philada. I hear that the fiscal party in Alexa. was an overmatch for those who wished to testify the American sentiment. George Town it is said repaired the omission. A public dinner was intended for him at Fredericksburg, but he passed with such rapidity that the compliment miscarried. It would not be amiss, if a knowledge of this could be in a proper mode get to him. I think it certain that he will be misled if he takes either the fashionable cant of the Cities or the cold caution of the Govt. for the sense of the public; and I am equally persuaded that nothing but the habit of implicit respect will save the Executive from blame if thro’ the mask of Neutrality, a secret Anglomany should betray itself. I forgot when I requested your attention to my plows to ask the favor of you to pay for them, & to let me know the amount of your several advances. Yours always & affy.
Js. Madison Jr
The plows are to be consigned to the care of Mr. Jno. Anderson Mercht: Fredg. Billy at Mrs. Houses was charged to look out for the first Vessel that offers. If the Newspapers shd. present one to your eye be so good as to let him have notice that he put them on board.


Title: To James Madison from Thomas Jefferson, 27 May 1793
From: Jefferson, Thomas
To: Madison, James

May 27. 1793.
I wrote you last on the 19th. The doubts I then entertained that the offers from the Fr. rep. would be declined, will pretty certainly be realized. One person represents them as a snare into which he hopes we shall not fall. His second of the same sentiment of course. He whose vote for the most part, or say always, is casting, has by two or three private conversations or rather disputes with me, shewn his opinion to be against doing what would be a mark of predilection to one of the parties, tho not a breach of neutrality in form. And an opinion of still more importance is still in the same way. I do not know what line will be adopted: but probably a procrastination, which will be immediately seen through. You will see in the papers two blind stories, the one that DuMourier is gone over to the Austrians; the other that he has cut to peices 10,000 Prussians, & among them the K. of Prussia & D. of Brunswick. The latter has come through another channel, placing Custiné instead of DuMourier, & sayg nothing of the K. & Duke. But no attention is paid to either story. We want an intelligent prudent native, who will go to reside at N. Orleans as a secret correspondent, for 1000. D. a year. He might do a little business, merely to cover his real office. Do point out such a one. Virginia ought to offer more loungers equal to this & ready for it, than any other state. Adieu. Yours affectionately.


Title: From James Madison to Thomas Jefferson, 29 May 1793
From: Madison, James
To: Jefferson, Thomas

Dear SirOrange May 29. 93.
I wrote you two or three days ago with an inclosure of Newspapers &c since which I have been favored with yours of the 19th. I thank you for the plans & observations which far exceeded the trouble I meant to give you. The sentiments expressed by Genest would be of infinite service at this crisis. As a regular publication of them cannot be expected till the meeting of Congress, if then, it were to be wished they could in some other mode make their way to the press. If he expressed the substance of them in his verbal answer to the address, or announces them in open conversation, the Printers might surely hand them to the public. The affection to France in h⟨er st⟩ruggles for liberty would not only be increased by a knowledge that she does not wish us to go to war; but prudence would give its sanction to a bolder enunciation of the popular sentiment. I inclose a letter to the French Minister of the Interior which has been written some time. I pray you to look it over with an eye to every proper consideration, and if you find a particle in it wrong or doubtful not to seal & forward it, till I have an opportunity of makg. the requisite variations. I hope your model of the Threshing Machine is by this time arrived & answerable to expectation. You will have much use for it if your harvest should turn out according to the promises of our fields in this quarter. Wheat was never known to be more uniformly excellent. Adieu. Yrs. always & affy.
Js. Madison Jr


Title: To James Madison from Thomas Jefferson, 2 June 1793
From: Jefferson, Thomas
To: Madison, James

June 2. 1793.
I wrote you on the 27th. Ult. You have seen in the papers that some privateers have been fitted out in Charleston by French citizens, with their own money, manned by themselves, & regularly commissioned by their nation. They have taken several prizes & brought them into our ports. Some native citizens had joined them. These are arrested & under prosecution, & orders are sent to all the ports to prevent the equipping privateers by any persons foreign or native. So far is right. But the vessels so equipped at Charleston are ordered to leave the ports of the US. This I think was not right. Hammond demanded further a surrender of the prizes they had taken. This is refused, on the principle that by the laws of war the property is transferred to the captors. You will see, in a paper I inclose, DuMourier’s address to his nation, & also Saxe Cobourg’s. I am glad to see a probability that the constitution of 1791. would be the term at which the combined powers would stop. Consequently that the reestablishment of that is the worst the French have to fear. I am also glad to see that the combiners adopt the slow process of nibbling at the strong posts on the frontiers. This will give to France a great deal of time. The thing which gives me uneasiness is their internal combustion. This may by famine be rendered extreme. E. R. sets out, the day after tomorrow, for Virginia. I have no doubt he is charged to bring back a faithful statement of the dispositions of that state. I wish therefore he may fall into hands which will not deceive him. Have you time & the means of impressing Wilson Nicholas, (who will be much with E. R.) with the necessity of giving him a strong & perfect understanding of the public mind? Considering that this journey may strengthen his nerves, and dispose him more favorably to the proposition of a treaty between the two republics, knowing that in this moment the division on that question is 4. to 1. & that the last news has no tendency to proselyte any of the majority, I have myself proposed to refer taking up the question till his return. There is too at this time a lowering disposition perceivable both in England & Spain. The former keeps herself aloof & in a state of incommunication with us, except in the way of demand. The latter has not begun auspiciously with C. & S. at Madrid, and has lately sent 1500. men to N. Orleans, and greatly strengthened her upper posts on the Missisipi. I think it more probable than otherwise that Congress will be convened before the constitutional day. About the last of July this may be known. I should myself wish to keep their meeting off to the beginng of October, if affairs will permit it. The invasion of the Creeks is what will most likely occasion it’s convocation. You will see mrs. House’s death mentioned in the papers. She extinguished almost like a candle. I have not seen mrs. Trist since, but I am told she means to give up the house immediately, & that she has suffered great loss in her own fortune by exertions hitherto to support it. Browse is not returned, nor has been heard of for some time. Bartram is extremely anxious to get a large supply of seeds of the Kentucky coffee tree. I told him I would use all my interest with you to obtain it, as I think I heard you say that some neighbor of yours had a large number of the trees. Be so good as to take measures for bringing a good quantity if possible to Bartram when you come to Congress. Adieu. Yours affectionately.


Title: To James Madison from Thomas Jefferson, 9 June 1793
From: Jefferson, Thomas
To: Madison, James

June 9. 1793.
I have to acknolege the receipt of your two favors of May 27. & 29. since the date of my last which was of the 2d. inst. In that of the 27th. you say ‘you must not make your final exit from public life till it will be marked with justifying circumstances which all good citizens will respect, & to which your friends can appeal.’ To my fellow-citizens the debt of service has been fully & faithfully paid. I acknolege that such a debt exists: that a tour of duty, in whatever line he can be most useful to his country, is due from every individual. It is not easy perhaps to say of what length exactly this tour should be. But we may safely say of what length it should not be. Not of our whole life, for instance, for that would be to be born a slave. Not even of a very large portion of it. I have now been in the public service four & twenty years; one half of which has been spent in total occupation with their affairs, & absence from my own. I have served my tour then. No positive engagement, by word or deed, binds me to their further service. No commitment of their interests in any enterprize by me requires that I should see them through it. I am pledged by no act which gives any tribunal a call upon me before I withdraw. Even my enemies do not pretend this. I stand clear then of public right in all points. My friends I have not committed. No circumstances have attended my passage from office to office, which could lead them, & others through them, into deception as to the time I might remain; & particularly they & all have known with what reluctance I engaged & have continued in the present one, & of my uniform determination to retire from it at an early day. If the public then has no claim on me, & my friends nothing to justify, the decision will rest on my own feelings alone. There has been a time when these were very different from what they are now: when perhaps the esteem of the world was of higher value in my eye than every thing in it. But age, experience & reflection, preserving to that only it’s due value, have set a higher on tranquility. The motion of my blood no longer keeps time with the tumult of the world. It leads me to seek for happiness in the lap and love of my family, in the society of my neighbors & my books, in the wholesome occupations of my farm & my affairs, in an interest or affection in every bud that opens, in every breath that blows around me, in an entire freedom of rest or motion, of thought or incogitancy, owing account to myself alone of my hours & actions. What must be the principle of that calculation which should balance against these the circumstances of my present existence! Worn down with labours from morning till night, & day to day; knowing them as fruitless to others as they are vexatious to myself, committed singly in desperate & eternal contest against a host who are systematically undermining the public liberty & prosperity, even the rare hours of relaxation sacrificed to the society of persons in the same intentions, of whose hatred I am conscious even in those moments of conviviality when the heart wishes most to open itself to the effusions of friendship & confidence, cut off from my family & friends, my affairs abandoned to chaos & derangement, in short giving every thing I love, in exchange for every thing I hate, and all this without a single gratification in possession or prospect, in present enjoyment or future wish. Indeed my dear friend, duty being out of the question, inclination cuts of[f] all argument, & so never let there be more between you & me, on this subject.
I inclose you some papers which have passed on the subject of a new loan. You will see by them that the paper-Coryphæus is either undaunted, or desperate. I believe that the statement inclosed has secured a decision against his proposition. I dined yesterday in a company where Morris & Bingham were, & happened to set between them. In the course of a conversation after a dinner Morris made one of his warm declarations that, after the expiration of his present Senatorial term, nothing on earth should ever engage him to serve again in any public capacity. He did this with such solemnity as renders it impossible he should not be in earnest. The President is not well. Little lingering fevers have been hanging about him for a week or ten days, and have affected his looks most remarkeably. He is also extremely affected by the attacks made & kept up on him in the public papers. I think he feels those things more than any person I ever yet met with. I am sincerely sorry to see them. I remember an observation of yours, made when I first went to New York, that the satellites & sycophants which surrounded him had wound up the ceremonials of the government to a pitch of stateliness which nothing but his personal character could have supported, & which no character after him could ever maintain. It appears now that even his will be insufficient to justify them in the appeal of the times to common sense as the arbiter of every thing. Naked he would have been sanctimoniously reverenced. But inveloped in the rags of royalty, they can hardly be torn off without laceration. It is the more unfortunate that this attack is planted on popular ground, on the love of the people to France & it’s cause, which is universal. Genet mentions freely enough in conversation that France does not wish to involve us in the war by our guarantee. The information from St. Domingo & Martinique is that those two islands are disposed & able to resist any attack which Great Britain can make on them by land. A blockade would be dangerous, could it be maintained in that climate for any length of time. I delivered to Genet your letter to Roland. As the latter is out of office, he will direct it to the Minister of the Interior. I found every syllable of it strictly proper. Your ploughs shall be duly attended to. Have you ever taken notice of Tull’s horse-houghing plough? I am persuaded that that, where you wish your work to be very exact, & our great plough where a less degree will suffice, leave us nothing to wish for from other countries as to ploughs, under our circumstances. I have not yet received my threshing machine. I fear the late long & heavy rains must have extended to us, & affected our wheat. Adieu. Your’s affectionately.