YALE
UNIVERSITY LIBRARY

LIFE AHD TIMES

JAMES MADISON.

HISTOEY

LIEE AND TIMES

OF

JAMES MADISON.

Bt WILLIAM C. RIVES.

VOLUME III.

BOSTON:
LITTLE, BROWN, AND COMPANY.
M DCCC LXVin.

Entered according to Act of Congress, in the year 1868, by
William Cabell Rives,
In the Clerk's Office of the United-States Court for the Eastern District of
Virginia.

cambeidge :
stereotyped and printed by
john wilson and son.

NOTE.
It was the design of the author to complete this work
— the employment and solace of his declining years —
in a fourth volume ; but death put an eud to his labors,
at Castle Hill, Virginia, on the 25th day of April, 1868.
The present volume embraces all of his hitherto unpub
lished history that he had prepared for the press, and
brings the narrative down to the close of General "Wash
ington's administration.
Others may do justice to the epoch of American his
tory which he was not permitted to reach in his portrayal
of Madison's career ; but it is not too much to say, that
no living writer is so well qualified as he was, by intimate
intercourse with Madison, and by special study, to treat
adequately the constitutional and early political history
of the country.
In these pages, it is believed his countrymen will see
reflected much of the experience, learning, ability, and
eloquence which won for the author the highest distinc
tion in the service of his native State, and, in a wider
sphere, as Member of Congress, Senator of the United
States, and Minister to France during two eventful periods
of her revolutionary history.
A general Index to the three volumes, prepared with
skill and fidelity by Dr. John Appleton, cannot fail to
add to the convenience and value of the work. The Editor.

PEEFACE.

In. the prosecution of this vpork, it has been
our design, as far as practicable, to make the
several volumes complete in themselves, with re
spect to a definite period of history treated in
each. In the first volume, we have followed Mr.
Madison through the events of the Eevolution,
giving an outline of the struggle for national exist
ence, Avith the first bond of political union between
the States, — the Ai-ticles of Confederation. In the
second, we have traced him through the internal
difficulties and trials which intervened from the
close of the war of the Revolution to the forma
tion and final establishment of the Constitution of
the United States ; exhibiting, in the parts borne
by him and his distinguished co-laborers, a detaUed
account of the origin and progress, step by step,
of that great organic change of our institutions.
In the present volume, we accompany him in a
more stirring and diversified scene, — the exciting
and memorable struggle of the two great political

VI PEEFACE.
parties, Eepublican and Federalist, which ensued,
after the adoption of the Constitution, in the admin
istrative application of its principles and construc
tion of its powers, and which has exercised, and is
destined still to exercise, a most important influence
on the fortunes of the country.
During the whole period of Washington's admin
istration, Mr. Madison was an active member of the
House of Eepresentatives ; and if not the leader,
— a position and title he never aff"ected, — he was,
by universal acknowledgment, the ablest and most
distinguished member of the Eepublican party in
either House of Congress. This brought him
prominently forward in the discussions of that
agitated period ; and while no one had so large
a share in those fundamental acts of legislation
which put the government in motion, and which
still remain unchanged upon the statute-book, as
in some sort a part of the Constitution itself, he
appeared daily in the parliamentary arena, as a
ready and consummate debater, and a champion of
rare and varied powers, extending to every depart
ment of parliamentary eloquence, from the severest
logic to the liveliest repartee. He thus became
involved in the political contests of the day ; and,
though never departing from the dignity and good
temper native to his character, he came in for a full
share of the obloquy of party denunciation.

TREFACE. Vli
The justice due to his character has imposed
upon us the delicate and disagreeable duty, if
indeed it was not required of us by yet higher
considerations, of subjecting the conduct, opinions,
and political systems of his adversaries to a free
and honest examination, " nothing extenuating, nor
setting down aught in malice." In doing this, we
have in every instance drawn the materials of our
judgment from the written avowals and testimony
of the parties themselves, brought to light by the
blind idolatry and undiscriminating party zeal of
their families or friends. Nor in exercising this
rightful prerogative of history have we felt our
selves bound by the dicta of historical writers who
have preceded us, however high their name and
station, when we have been convinced, by our own
careful investigation of facts, that those dicta were
founded in error or injustice. "Amicus Plato, sed
magis arnica Veritas."
In delivering this volume to the press, we cannot
suppress the inward satisfaction we have felt — a
satisfaction which, we flatter ourselves, every gen
erous reader will share with us — in the evidence
it affords, that the mutual confidence and respect
which had so long subsisted between Mr. Madison
and the Father of his country suffered no abate
ment, while they were on the public stage together,
from occasional differences of opinion on questions

vm PEEFACE.
of public policy; for on questions of principle none
ever existed. They were both, in principle, repub
licans of the conservative school. However the
spirit of party may have sought to appropriate to
its advantage the sanction of Washington's great
name, he himself declared, to the last moment of
his ofiicial life, that he was of " no pai-ty," in the
contemporary application of the term ; and all who
shall study the career of Mr. Madison with candor
and impartiality will say that he was a patiiot far
more than a party man, making the honor and
happiness of his country and the preservation of
its Constitution the guides of his public conduct,
regardless of the seductions of personal ambition
or the allurements of political power.
w. c. E.
Castle Hill, Va., Feb. 22, 1868.

CONTEI^TS.

CHAPTER XXXVII.
Commencement of the New Government under the Constitution —
Congress meets at Nevv York — Votes for President and Vice-
President counted — Tlie Venerable Charles Thompson sent to
Mount Vernon to announce to Washington his Election — Arrival
and Keception of the President in New York — His Inauguration
and Speech — Address of House of Eepresentatives, as well as
Speech of President, drawn by Mr. Madison — Disagreement
between the Two Houses on the Subjeet of annexing a Title to
the Office of President — Pompous Title proposed in the Senate —
Advocated by Mr. Adams and Eichard Henry Lee — Letter of
Mr. Madison to Mr. Jefferson on the Subject — Character and
Composition of First Congress under the Constitution — Mr.
Madison proposes a Revenue System — Discussions upon it —
Opposition of the Massachusetts Delegation to proposed Duty
on Molasses — Mr. Madison urges, with great Earnestness and
Ability, the Policy of Special Discriminating Duties upon the
Navigation of Foreign Countries having no Commercial Treaty
with the United States — Selfish and Illiberal Policy of Great
Britain — Views of Mr. Madison supported by Mr. Fitzsimmons,
Mr. Clymer, Mr. Baldwin, and Mr. Page — Opposed by Mr. Law
rance, Mr. Benson, Mr. Sherman, Mr. Ames, and Mr. Smith of
South Carolina — Finally carried by Large Majority in House
of Eepresentatives — D,efeated in the Senate — Sentiments of the
President on the Question  1-28

CHAPTER XXXVIII.
Resolutions proposed by Mr. Madison for organizing Executive De
partments — Power of the President to remove from Office, ably
and elaborately Discussed — Sustained by Mr. Madison on the
[ix]

CONTENTS.
True Theory of the Constitution — House of Eepresentatives
decide in Favor of the Power, by a Vote of Thirty to Eighteen —
Carried in the Senate by Casting Vote of Vice-President — Mr.
Madison brings forward Proposition for certain Declaratory
Amendments of the Constitution, in the Nature of a Bill of
Eights, to quiet Apprehensions in the Public Mind — Persuasive
Considerations by which he sustains the Proposition — Finally
carried by his Influence and Address, with the required Two-
thirds of both Houses — Amendment oflfered by Mr. Tucker,
of South Carolina, affirming the Right of the People to give
Mandatory Instructions to their Eepresentatives, rejected by a
Vote of Forty-one to Ten — Happy EflTects of Amendments
adopted on Motion of Mr. Madison — BiU passed by the Senate
for Organizing the Federal Judiciary — Opinions and Course of
Mr. Madison with regard to it in House of Eepresentatives —
Resolutions of Mr. Scott, of Pennsylvania, for fixing Permanent
Seatof Government — Combination of New-England States and
New York to keep the Seat of Government yet longer in City
of New York — To gain Co-operation of Pennsylvania, Mr.
Goodhue, of Massachusetts, announces on the Floor of the House
an Arrangement, out of doors, between the Representatives of
New England and New York, to vote for Eastern Bank of Sus
quehanna as the Ultimate Seat of Government — Spirited Rebuke
of this Unparliamentary Proceeding hy Mr. Mjidison — His
Speech showing the Superior National Advantages of the Poto
mac over the Susquehanna for the Permanent Seat of Govern
ment — Overture to the Rennsylvania Delegation succeeds, and
Bill brought in declaring Eastern Bank of tlie Susquehanna the
Permanent, and the City of New York tlie Temporary, Seat of
Government — History of tlie Measure, in a Letter from Mr.
Madison to Judge Pendleton — His Persevering Opposition, and
Final Success in Defeating it — Congress adjourns — Letter of
Mr. Madison to the President, exposing the Policy and Conduct
of the several Parties in the late Combination respecting the
Seat of Government  29-61

CHAPTER XXXIX.
Extraordinary Labors of Mr. Madison during Late Session of Con
gress — Peculiar Confidence reposed in him bythe President —
Striking Instance of it — Frequently consulted by the President
with regard to Business of the Executive Department — For
mation of Cabinet — Hamilton and Knox respectively assigned

CONTENTS. xi
to the Treasury and War Departments — Edmund Randolph,
Attorney-General — Mr. Jefferson, though absent from the Country
and his Wishes unknown, Nominated to the Office of Secretary of
State — Communications with him through Mr. Madison — His
Final Acceptance — Congress re-assembles in January, 1790 —
Eeport of Secretary of Treasury for Support of Public Credit
submitted — Outline of the Eeport, and of the Funding System of
the Secretary — Eager and Unconscionable Speculations in Evi
dences of the Public Debt — Eesolutions brought forward to
carry Eecommendations of the Secretary into Eflfect — Debate
upon them — Mr. Madison proposes, in Cases where the Certifi
cates of Debt have been hought up by Speculators at a Great
Discount, to divide the Full Payment to be made out of the
Treasury, in Fair Proportions between the Original Holder and
the Purchaser — His Speech in support of the Proposition —
Assailed by a Phalanx of Opponents — His Vigorous and Elo
quent Reply — Interests of the Speculators prevail, and the
Proposition rejected by a Large Majority — His Undiminished
Confidence in its Justice calmly and proudly expressed in a Letter
to Dr. Rush — Its Principles afterwards sanctioned by Congress
and approved by the President, against Earnest Protest of Secre
tary of the Treasury, in the Case of the North-Carolina and
Virginia Troops  62-90

CHAPTER XL.
Proposed Assumption of State Debts — Political Objects avowed by
the Secretary of the Treasury in recommending it — Opposed
by Mr. Madison, in conjunction with Mr. Livermore of New
Hampshire, and Mr. Stone of Maryland — Sustained, with Great
Warmth, by Representatives of Massachusetts, Connecticut, and
South Carolina — After a Debate of Several Weeks, rejected by
a Vote of Thirty-one to Twenty-nine — Violent Discontents at
this Decision — Mr. Sherman renews the Proposition — Powerful
and Eloquent Speech of Mr. Madison in opposition to it — Again
rejected — Renewed a Third Time by Mr. Gerry, and a Third
Time rejected — Connected at length, by a Legislative Bargain,
with Question of Temporary and Permanent Seat of Govern
ment — Letters of Mr. Ames — Menaces of Dissolution of the
Union — Mr. JeflFerson's Statement of what passed with Colonel
Hamilton — Finally carried through the Two Houses hy a Close
Vote, in conjunction with a Bill giving the Seat of Government
for Ten Years to Pennsylvania, and fixing it ultimately on the

xii CONTENTS.
Eastem Bank of the Potomac — In this Violent and Protracted
Struggle for Assumption of State Debts, commences the Division
of Political Parties, under the denomination of "Federalists" and
"Republicans"— Colonel Hamilton becomes the Idol and Leader
of the Federal Party — Their Bitter Denunciations of Mr. Madi
son—Falsely accused by them of patronizing the Doctrine ofthe
Repealability of the Act pledging the Public Faith for the Pay
ment of the Public Debt, on the Principle that the "Legislative
Authority has no Right to bind Posterity " — Falsity of the
Charge proved by Able and Profound Letter of Mr. Madison to
Mr. Jefferson at the Time, in which he denies and confutes the
Alleged Dogma  91-122

CHAPTER XLI.
Continuation of Session of Congress — Bill for Periodical Enumer
ation of Inhabitants — Mr. Madison suggests the Importance of
making it the Occasion of obtaining, from Time to Time, various
Statistical Information, throwing Liglit on the Industrial Progress
and Interests of the Nation — Bill for establishing Uniform Rule
of Naturalization — Views of Mr. Madison with Regard to the
Cautions to be observed in the Encouragement of Foreign Immi
gration — Petition of Society of Quakers respecting Abolition of
Slavery and Slave Trade — Excitement produced among Repre
sentatives of some of the Southern States — More sober Views
of Mr. Madison and of Delegation of Virginia prevail — Resolu
tions adopted by Congress — Question of counteracting Com
mercial Regulations of Great Britain again brought up by Petition
from New Hampshire — Mr. Madison again proposes Special
Discriminating Duties on Navigation of Countries not having
Commercial Treaties with the United States — Warmly opposed
by Messrs. Ames and Sedgwick of Massachusetts, Mr. Lawrance
of New York, and Mr. Smith of South Carolina — Triumphant
Reply of Mr. Madison — His Proposition, favorably received at
first, defeated by Combination of Interests connected with British
Trade — He next proposes, in Distinct Resolutions, a Specific
Retaliation of the Unfriendly Restrictions of Foreign Powers, by
returning, in Eacli Case, Like for Like — These Eesolutions, by
the same Adverse Influence, postponed, without being acted on —
Eesolutions in Honor of Dr. Franklin oflfered by him — Anecdotes
of his Intercourse with Dr. Franklin — Congress adjourns —
Dissatisfaction, especially in the Southern States, with its Finan
cial Measures, proposed by Secretary of the Treasury — The

CONTENTS. xiii
Existence of this Dissatisfaction communicated to Washington —
His Answer — A Distinguished Correspondent of Mr. Madison,
and Original Friend of the Constitution, expresses his Dissatis
faction, even to hinting a Separation of the States — Mr. Madison
counsels Moderation, and a. Steady Pursuit of Constitutional
Eemedies — Eepublican Statesmen discountenance every Sug
gestion of Disunion — Remarkable Letter of Mr. JeflTerson —
Firm Eemonstrance of Legislature of Virginia against Assumption
of State Debts — Colonel Hamilton's Inconsistent Denunciation
of the Interference of a State Legislature  123-152

CHAPTER XLII.
Congress re-assembles in December, 1790 — Speech of the Presi
dent — Address of the House reported by Mr. M.adison and
unanimously Adopted — Additional Taxes proposed by Secretary
of the Treasury to meet Assumption of State Debts — Excise on
Distilled Spirits — Course and Opinions of Madison with regard
to it — Proposition for a National Bank — Report ofthe Secretary
ofthe Treasury, recoramending it — Character and Tendency of
his Financial Projects — Borrowed frora English Examples — Bill
for Incorporation of Bank passed by the Senate — Debate upon it
in the House opened by Mr. Madison — He shows the Want of
Constitutional Power in Congress to Establish such an Institution
— Latitudinarifin Arguments of its Adversaries — Answered by
Mr. Madison in an Impressive Speech, closing the Debate — Bill
passed by a Vote strictly Geographical ; all the Northern States
voting for it, and the Southern against it — Embarrassments of
the President — His Cabinet equally divided in Opinion on Con
stitutionality of the Act — He suspends his Decision to the Last
Moment — Requests Mr. Madison to prepare a Veto for him,
provisionally — Finally affixes his Signature to the Bill, from
Deference to the Action of the Legislative Department, rather
than from Conviction ofhis own mind — Statement of Mr. Madison
on the Subject — Political Tendency of Certain Acts of First
Congress — Progressive Divergence of Parties — PoUtical Creed
of Colonel Hamilton — Fundaraental Prmciple of Difference be
tween his Systera and that of Mr. Madison — President keeps
aloof from Party Contentions — Resemblance between his Position
and that of William the Third in England — Party Differences
complicated by Questions growing out of the Foreign Relations
of the Country — Hostile and Inexcusable Conduct of Great
Britain — Different Attitude of France — Popular Appreciation of
her Past Services, and Syrapathy in her Present Struggle . 153-188

xiv CONTENTS.
CHAPTER XLIII- cV ,__ Excursion of Mr.
Tour of the President in the Southern States ^^^.^^^^ ^^^^^^
Jefferson and Mr. Madron in the North-- ^ Preneau-
Several Weeks in New York- Comrnumc^o ^^ ^
Circumstanees wheh led to the EstaW^^^^^^^ ^^^^^^ ^^
Journal in Philadelphia by the Latter np
Madison, repelling an Anonymous Attack of Colonel Hamilton
on him- His Correspondence from New York, describing the
State of Political Parties — Denunciations of the President by
the Advocates of a National Bank — Shameless Speculations in the
Public Funds — Mr. Jeflferson communicates to him Repeated and
Affectionate Inquiries of the President about him — He returns
to Virginia a Few Weeks before the Meeting of Congress — First
Session of Second Congress — Changes in Composition of the
Body by the Recent Elections — Its first Business to prepare an
Act for Apportionment of Representatives according to Census
lately taken — Resolution proposed by Mr. Lawrance of Kew
York for allowing one Representative for every Thirty Thousand
Inhabitants — Bill brought in according to the Eesolution —
Sectional and Political Considerations arrayed against it — Passes
House of Representatives by a Large Majority — Amended in
Senate by changing the Ratio from Thirty to Thirty-three
Thousand — Amendment of Senate gives rise to Warm Debate
in the House — Ratio of Thirty Thousand objected to as favorable
to the Southern States, and especially to Virginia — Dignified
Eeply of Mr. Madison to these Objections — BUl finally lost by
Disagreement of the Two Houses — A Second Bill brought in,
founded on the same Ratio, but providing for an early Re-ap
portionment according to a New Census — This BiU also amended
in the Senate, by applying the Proposed Ratio to the Aggregate
Population of the Union, instead of the " Respective Numbers of
the States," according to the Language of the Constitution —
Amendment, disagreed to at first, finaUy concurred in by the
House — BiU submitted to the President — His Cabinet equally
divided in Opinion on the Constitutionality of the Act  He
refers his Determination to the Advice of Mr. Madison, and
finally disapproves the Bill — A Third Bill brought in, which
received the Sanction of both Branches of the Legislature, and
of the President — The Veto of the President on the Second Bill
as being contrary to the Constitution, and the Arrest of another
Unconstitutional Act of Congress about the Same Time, by a
Decision of the Judiciary, re-animate the hopes of the Republican
Party — Cheering Letters on the Occasion from Mr. Madison to
Judge Pendleton and Govemor Lee  189-217

CONTENTS. XV

CHAPTER XLIV.
Continu.ation of First Session of Second Congress — Propositions
tending to augment the Power of the Executive Department at
the Expense of the Legislative — Opposed by Mr. Madison —
Dit '.greement of the Two Houses respecting a Proposition to
stamp the Head of the President, for the time being, on the Coins
of the United States — History of it given by Mr. Madison —
Bill declaring what Officer shall perform the Duties of President,
in case of Vacancy both in Office of President and Vice-President
— Personal and Political Considerations which influenced the
Decision of the Question — Avowals of Colonel H,amilton and
Mr. Ames — Mr. Madison's Objections to the Arrangement
adopted — Act for raising Additional Troops for Defence of
Western Frontier against Indian Hostilities — Call on the Sec
retary of the Treasury for " his Opinion of the Best Mode of
Raising the Additional Supplies " rendered necessary by this
Measure — Discussion on the Propriety, in a Constitutional View,
of such Legislative Eeferences to the Secretary — Argument of
Mr. Madison against the Prfictice — Unbecoming and Mischievous
Extent to which it was carried — Eeport of the Secretary of the
Treasury on the Encouragement of Manufactures — He recom
mends Bounties; and lays down the Sweeping Doctrine, that
whatever, in the Opinion of Congress, may promote the General
Welfare, is within the Scope of its Powers, so far as regards an
Application of Money — Mr. Madison, in a Deba,te on the Cod
Fisheries, apimadverts on the Latitude of this Doctrine as incon
sistent with tlie Fundamental Principles of the Government, and
moves to strike out the Term Bountij from the Bill then before the
House — His Motion is adopted  218-238

CHAPTER XLV.
Secretary of the Treasury proposes an Extension of the Funding
System, and a Further Assumption of the Debts of the States —
The Latter Proposition earnestly opposed by Mr. Madison, and
flniiUy defeated — Debate on the Operation and Practical Results
of the Funding and Banking Systems of the Secretary — Their
Deraoralizing Effects freely exposed — Admissions of Mr. Ames
in his Private Correspondence — Letter of Mr. Madison, describ
ing the Scenes of Gambling Speculation they had engendered —
Congress adjourns — Secretary of Treasury irritated by the
Checks which some of his F£^vorite Schemes had met with —

xxi CONTENTS.
His Denunciations of Mr. Madison in a Long and Querulous
Letter to Colonel Carrington — Illiber.aUty and Injustice ofhis
Accusations — Character of Mr. Madison's Mind, and its Superi
ority to Narrow Party Passions, exhibited in Pliilosophioal
Speculations on the General Principles of Political Science,
contributed by him, during Session of Congress, to "National
Gazette" — The President retains the Warmest Affection and
Esteem for him — Consults him confidentially with regard to
Retirement frora Office at End of his First Term — Interesting
Memorandura of these Conferences by Mr. Madison — President
requests him to prepare a Valedictory Address for hira — Deli
cacy which marked Mr. Madison's Compliance witli this Request
— Washington ultimately yields to the Earnest Solicitations of
Mr. Madison and other Friends, and the General Wish, to con
tinue in Office another Term — Painful Dissensions in the Cabinet
. — Open Breach between Mr. Jefferson and Colonel Hamilton —
President endeavors to Reconcile them — Their Respective An
swers to his Appeal — Uneasiness of the President's Situation
increased by Symptoras of Popular Opposition to the Excise —
Secretary of the Treasury, to whose Departraent the Question
belonged, urges the President to issue his Proclaraation, denoun
cing the Penalties of the Law against Combinations to obstruct
the Collection of the Tax — Proclamation drawn by Colonel
Hamilton, and, after an Amendment, recommended by Mr.
Jefferson, is issued in the Name and under the Signature of the
President  239-265

CHAPTER XLVL
Second Session of Second Congress — President's Speech, and Ad
dresses of the Two Houses — Mr. Madison's Objections to the
Address of the House of Eepresentatives — Proposition to allow
the Secretary of the Treasury and Secretary of War to be heard
in Person before Congress, in Explanation and Defence of their
Measures — Opposed by Mr. Madison, as contrary to the Genius
of the Constitution, and rejected — Renewed Discussion on the
Propriety of Legislative References to the Secretary of the Trea
sury^ Mr. Madison again delivers his Views on the Subject —
Report of Secretary of Treasury on Redemption of Public Debt —
Illusory, and for PoUtical Effect — His Plan for anticipated Re
imbursement of Loan to Bank of United States — Zealously
opposed by Mr. Madison — Finally rejected by General Vote of
the House — Discussion on the BiU leads to Startling Disclosure

CONTENTS. xvii
— Large Sums, borrowed abroad for Payment of Foreign Debt,
drawn into the United States and apphed to whoUy Different
Purposes — Eesolutions of Inquiry adopted — Answers of Secre
tary of Treasury — Mr. Giles moves Eesolutions censuring his
Proceedings — Animated Debate upon the Eesolutions — Remarks
of Mr. Findley — Speech of Mr. Madison — Friends of the Secre
tary' insinuate Existence of Undivulged Instructions from the
President — Resolutions of Censure finally negatived by Large
Majority — Mr. Jefferson's Explanation ofthe Result — Additional
Explanation from Subsequent Developments — Facts with regard
to Alleged Instructions of the President — Coraraunication from
Edmund Randolph to Mr. Madison — Declaration of President
on Statement made by Secretary of Treasury — The Secretary
not satisfied with- President's Declaration — President declines to
modify his Declaration — Conclusion from u, Review of all the
Circumstances — Session of Congress closes — Election of Presi
dent and Vice-President — Votes counted in Joint Meeting of the
Two Houses — Growing Opposition to Vice-President — Sup
ported by the Federalists, opposed by the Republicans — Letters
of Colonel Hamilton, Mr. Jefferson, and Mr. Madison, in relation
to the Election  266-311

CHAPTER XLVII.
Relations with England and France — Political Parties divide raore
openly upon them — Persevering Refusal of England to fulfil
Treaty of Peace — Her Adherence to Commercial Restrictions —
Impressment of American Seamen — Friendly Dispositions of
France — Increasing Syrapathy of Araerican People in her
Struggle for Liberty — Excesses of French Revolution occasioned
by Unjustifiable Violence ofthe CoaUtion — War declared between
England and France — Danger of the United States being drawn
into it — Proclamation of the President — Deliberations of the
Cabinet — Opinions of Mr. Madison — Colonel Hamilton proposes
Renunciation of Treaties with France — His Views opposed by
Mr. Jefferson — Overruled by the President — New French Min
ister, Genet, arrives in the United States — Demonstrations of
Popular Enthusiasm — Letter of Mr. Madison — Character of
Genet — His Reception by the Governraent — Declarations of
Liberal and Friendly Policy in Name of French Republic —
Unpleasant Questions arise from Imprudent and Intemperate
Conduct of the Minister — Discussions between him and Secretary
of State — His Conduct in the case of "Le Petit Democrat" — His
VOL. III. b

xviii CONTENTS.
Recall at length requested — Followed by Request for RecaU of
American Minister at Paris — Hostile Conduct of the British
Government — Violations of Flag and Neutral Rights of the
United States by its Authority — Indignant Feeling kindled by
these Acts— Unfounded Extenuation of them by Political Writers
— Judge Marshall — Colonel Hamilton writes Series of Contro
versial Articles, under Title of "Pacificus," Hostile to France,
and broaching Dangerous and Unconstitutional Doctrines as to
Powers of the Executive — Answered by Mr. Madison under His
torical Name of "Helvidius" — AbiUty of Answer— Close ofthe
Controversy — No Effort at Reply made by Colonel Hamilton 812-355

CHAPTER XLVIII.
Mr. Madison passes Congressional Vacation on his Farm in Virginia —
Salutary Influence of Country Life on Minds of Public Men —
Predilection of General Washington,. Mr. Jefferson, and Mr.
Madison for Ruriil Pursuits — Mr. Madison as a Practical Farmer
— Correspondence between him and Mr. Jefferson respecting
Intention of the Latter to resign Office of Secretary of State —
President requests Opinion of Mr. Madison, in addition to those
of Members of the Cabinet, as to his Power under the Constitution
to. call Congress together at another Placj than the Established
Seat of Government, where a Dangerous Infection had then broken
out — Opinion of Mr. Madison, with that of Mr. Jefferson and of
Colonel Hamilton — Meeting of tlie Third Congress — Changes
in the Composition of the Two Houses — A Republican Speaker,
Muhlenberg, elected by a Majority of 'i'en Votes over his Federal
Competitor, Sedgwick — Speech ofthe President— Secretary of
State sends in Ins Eeport on Privileges and Eestrictions of Com
merce ofthe United States with Foreign Countries — This his
last Official Act — Distinguished Merits and AbUity of Mr. Jef
ferson in conducting Foreign Intercourse of tlie Country — Serious
and long-continued Embarrassments to the President from Colonel
H.imilton's failing to resign, as he was considered pledged to do,
at the Time Mr. Jefferson did — Eeport of Late Secretary of
State, on Coraraercial Relations with Foreign Countries, taken up
for Consideration — Mr. Madison moves a Series of Resolutions
for Protecting, by Countervailing Regulations, Commercial Inter
ests of United States against Injurious Restrictions of Foreign
Countries, especially those of Great Britain, the most Injurious
and Unjust — Debate upon the Resolutions opened by Mr. Smith,
of South Carolina, in a very Elaborate Speech in opposition to

CONTENTS. xix
them, prepared by Secretary of the Treasury — Answered by Mr.
Madison — Debate becomes General, and marked, in its Progress,
by Great Vehemence and Animation — Eesolutions opposed by
Mr. Ames, Mr. Dexter, Mr. Sedgwick, Mr. Tracy, and other
Eepresentatives of New England ; by Mr. Dayton and Mr. Bou
dinot of New Jersey ; and General Smith and Mr. Vans Murray
of Maryland — Supported by Mr. Clark of New Jersey ; Mr.
Findley and Mr. Smilie of Pennsylvania ; Mr. Nicholas, Mr. Giles,
and Mr. Moore, of Virginia — Second Speech of Mr. Madison,
in which he reviews and answers the Arguments of all his
Opponents — After Three Weeks' Discussion, First Eesolution,
affirming the Principle of the Measures proposed, carried by a
Vote of Fifty-one to Forty-six — Further Consideration of the
Subject postponed, to afford Time for fuller Information frora
England as to the Policy and Intentions of British Government —
Letter of Mr. Madison to Mr. Jefferson, giving an Account of
these Proceedings, find the Angry and Illiberal Party Spirit they
awakened — Personalities of Debate  356-402

CHAPTER XLIX.
Continuation of First Session of Third Congress — Information re-
ceiv(3d of New and yet Greater Outrages comraitted on Araerican
Coraraerce, under Additional Instructions of the British Govern
ment — Flame of Indignation produced by the InteUigence —
Opponents of Mr. Madison's Resolutions called upon for their
Plan of Resistance — Mr. Sedgwick, under prompting of Secre
tary of the Treasury, offers an Oslensiile Measure of Defence,
by proposing to raise a Provisional Army of Fifteen Thousand
Men — The Measure soon laid upon the T.able by its professed
Patrons, and not called up till End of the Session — Mr. Madison,
and Friends of "the Commercial Propositions " generally, feeUng
Otlier Measures to be necessary under the New Aggressions of
the British Government, in addition to the Restrictive Regulations
originally proposed by them, carry, by their Votes and Influence,
Bills for laying an Embargo, and for prohibiting the Importation
of British Goods and Manufactures into the United States — Part
taken by Mr. Madison in the Preparation and Discussion of these
Measures — President proposes and institutes a Special Mission
to England, as a Last Experiment for Peace, by Appointment of
Mr. Jay as Special Minister — History of the Measure — Views
and Policy of the Eepublican Party — President agrees with the
Republicans in their Indignant Sense of the Wrongs of Great

XX CONTENTS.
11 ith regard to
Britain — Erroneous Statement of Judge Marshall, vv HI =
1 +ii<i President, coii-
Lord Dorchester's Speech, commented on by n''- ^ . ctmna
, J, ^, iH^oreign umce
clusively shown by Record Evidence obtained trom j- «=,„;„„
. i. Mr .Tav s Mission ,
in England — Immediately after Institution ot wr. u j
n,r;r,i«tpr to France —
to England, President .appoints Mr. Jlonroe WinisiLi
T .^rnnnsed by 1 ederal
Instructions to him — Abortive Measures propobc .;
Party towards Close of Session of Congress — Review ot them
by Mr. Madison in an Able and Eloquent Paraphlet, subsequently
published under Title of "Political Observations " — Precious
Materials furnished by this Pamphlet for correcting Errors of
Federal Historical Writers — HostiUties and Depredations of
Algerine Corsairs — Agency of the Britisli Government in turning
them loose on the Commerce of the United States, by means of
a Truce, concluded under its Auspices, betvveen Portugal and
Algiers — Debates upon this Subject in the House of Representa
tives — Different Measures proposed for the Emergency — Views
of Mr. Madison — He and the Body of his Friends vindicated
from the Cliarge of Hostility to a Navy — By his Energetic,
Eesistance and Powerful Logic he defeats Clause in a Bill whicli
came down from the Senate, depriving France of tlie Privilege
hitherto enjoyed by her of selling her Prizes in the Ports of the
United States — Financial Questions, and the Course of the Two
Parties in relation to them — Dignified and Piquant Reply of Mr.
Madison to Assaults on Virginia, and Extravagant Laudations of
their ovvn State by Messrs. Araes and Dexter — ^ Close of First
Session of Third Congress  403-445

CHAPTER L.
Resistance to Execution of Excise Law in Western Pennsylvania —
Views of the President — Opposite Conduct and Policy pursued
by the Secretary of the Treasury — The Effect of his Measures
to foment Insurrection — Proceedings of Insurgents — President
reluctantly issues his Proclamation, caUing forth the MiUtia —
Visits Headquarters of tlie Militia, and inculcates Spirit of Subor
dination to the Civil Authority — Governor Lee, of Virginia,
placed in Coraraand — Secretary of the Treasuiy, upon his Earnest
Application, accompanies the Expedition — Vindictive Spirit raani
fested by him against Messrs. Gallatin, Findley, and Srailie 
Arbitrary Proceedings of MiUtia Officers encouraged hy him 
No Body of Men under Arms anywhere found — ^ MiUtia return
to their Homes and are disbanded — Secretary of Treasury urn-es
making Examples, by Capital Punishment, of some of the Igno-

CONTENTS. xxi
rant and Deluded People seized under his Instigation — President
grants a General Pardon — During these Transactions, Mr. Madi
son, in Recess of Congress, at his Home in Virginia — His
MaiTiage in September, 1794 — Rare Personal and Social QuaU
ties of Mrs. Madison — Congress re-assembles in November —
Speech of the President — Manly and Patriotic Address, in
Answer to the Speech, drawn by Mr. Madison — Denunciation
pf " Democratic Societies " by Congress urged, with Great Vehe
mence, by Federal Leaders — Opposed, on Constitutional Prin
ciples, by Mr. Madison, and defeated — A Standing Army in
Conteraplation of the Federalists, as an Instruraent for enforcing
•the Laws — History of the Project in Conteraporary Letters of
Mr. Madison — Law extending Period of Probationary Residence
for Naturalization of F^oreigners passed under his Auspices — His
Parliaraentary Discussions marked (especiaUy during the Present
Session) by a Pregnant and Condensed Brevity — Resemblance
of his Manner to that of Somers — His Candor and Fairness
extort Acknowledgment and Applause of his Opponents — Inter
esting Private Correspondence and Interview between hira and
Mr. Dexter of Massachusetts  446-483

CHAPTER LI.
Colonel Hamilton, afler repeated Postponenients, at lengtii resigns
Office of Secretary of Treasury — Motives of his Retirement —
Upon his Recoraraendation, Oliver Wolcott, Comptroller in the
Departraent, appointed his Successor — Character of Wolcott —
General Knox resigns Office of Secretary of War, and is succeeded
by Tiraothy Pickering — His Cliaracter as drawn by his Political
Associates — Retrospect of Mr. Jay's Mission .and Diploraacy in
England — His Instructions — Though deliberately sanctioned by
the President, and approved by a Majority of the Cabinet, not
concurred in by Colonel Hamilton — Outrages of British Agents
in America — Indignant Letter ofthe President to Mr. Jay on the
Subject — Wonderful Successes of the French Arms, and conse
quent Change in the Haughty Spirit of the British Government,
invite to a Manly Assertion of our Rights — Mr. Jay's Memorial
to Lord Grenville, published in the Araerican Newspapers, excites
Disgust by its Hurailiating Tone — Letter of Mr. Madison on the
Occasion — In his Audience of Reception bythe King, Mr. Jay
accoramodates himself to the Royal Suggestion, that the United
States and England ought to be Friends in the Common Cause of
Order and Religion against the Atrocities of the French Bepublic —
Mr. Jay's Conduct contrasted with that of his Predecessor, Mr.

xxii CONTENTS.
Adams, on a similar Oocasion — A Treaty, contrary in several*
Iraportant Respects to his Instructions, at length concluded by
hira — Subraitted by the President to the Senate, who, hy a bare
Constitutional Majority, iidvise its Ratification — A Copy of the
Treaty communicated to the Press by Mr. Stevens Thompson
Mason, one of the Senators of Virginia — Outline of its Pro
visions — The Public Prepossessions against it greatly increased
by Knowledge of its Contents — Forcible and Indignant Com
mentaries upon it in a Letter from Mr. Madison to Cliancellor
Livingston of New York, and in another addressed to Mr. Dallas
of Pennsylvania — Extreme Embarrassment of the President,
who entertains Many and Strong Objections to the Treaty —
British Government having renewed its Order for the Seizure
of Araerican Vessels laden with Provisions to France, he resolves
not to ratify the Treaty until the Order is revoked-^ An Inter
cepted Dispatch of the Erench Minister, Fauchet, professing to
give Account of Conversations held with Araerican Secretary of
State, Randolph, put by the British Minister in the hands of
Wolcott, Secretary of the Treasury, to be used by hini to pro
mote the Ratiflcation of the Treaty — The President, then at
Mount Vernon, urged to return to the Seat of Government with
out Delay — Conduct of Messrs. Wolcott and Pickering in this
Transaction — Dispatch carefully withheld from Knowledge of
Secretary of State, and placed in the Hands of the President the
Moment of his Arrival in Philadelphia — Tlie Impressions vvhich,
unexplained, it makes on the Mind of the President, induce him
at once, notwithstanding his Objections to the Treaty, to ratify
it — Deep Reluctance with which he comes to this Conclusion
freely expressed in his Confldential Correspondence with his
Friends — Considerations by which he was influenced — Ran
dolph, under a sense of Personal and Official Maltreatment,
promptly resigns Office of Secretary of State  484-526

CHAPTER LII.
Relations wi th France — Arrival of Mr. Monroe in Paris — Eeception
by the Convention — His Suocessful Negotiations with the French
Governraent in the Outset— Suddenly arrested by News of Jay's
Treaty with England — Erabarrassraents ofhis Situation — Cor
respondence with Mr. Jay — Eesignation of Office of Secretary
of State by Eandolph, and Death of Attorney-General Bradford,
create Necessity for Nevv Ministerial Arrangements — Mortifying
Failure of the President in endeavor to bring First-rate Characters
into the Cabinet— Causes of the Failure — The President consults

CONTENTS. xxiii
Colonel Hamilton in the midst of his Embarrassments — Coolly
answered that he must be content with " Second-rate Characters "
— Finally driven to the Necessity of making Timothy Pickering
Secretary of State ; James McHenry, of Maryland, Secretary of
War ; and Charles Lee, of Virginia, Attorney-General — Disad
vantages under which the President was placed by Degeneracy
in the Character of his Cabinet — Meeting of the Fourth Congress
— Dayton, of New Jt.sey, elected Speaker of the House of
Representatives — President's Speech — Address reported by
Majority of Coramittee objected to, on account of Indirect Ap
proval of British Treaty — Report re-coramitted, and Modification
proposed by Mr. Madison unanimously agreed to by the House —
Discourse of the Nevv French Minister, Adet, on the Presentation
of the Colors of the French RepubUc to the President — Cordially
and enthusiastically responded to by the President — President's
Answer extremely distasteful to the Federal Party — British
Treaty laid before both Houses of Congress — Resolution of Mr.
Livingston calling upon the President for Instructions to the
Minister and his Correspondence with the Government— Amend
ment, reserving Larger Discretion to the President, moved by Mr.
Madison — Federalists, frora Motives of Party Strategy, corabine
with Minority of Republicans, and defeat Amendment — General
Discussion on the Original Resolution, involving the respective
Constitution.al Limits of the Treaty-making and Legislative
Powers — Discussion participated in by all the Leading Members
of both Parties — Distinguished Part in it borne by Mr. Madison —
Eesolution finally carried by a Vote of Sixty-two to Thirty-seven
— President, by Advice of his Cabinet, refuses Compliance, and,
in a Message drawn by them, assigns the Reasons of his Non-
compUance — Message taken up for Consideration — Answered
with Great Ability, and a Respectful Delicacy towards the Pre
sident, by Mr. Madison — Question left to the Decision of the
House upon the Arguments of the Message, and Mr. Madison's
Reply — Resolution in Opposition to the Doctrines of the Message,
and affirming the Constitutional Powers of the Legislature, passed
by a Large Majority — Resolution brought forward by the Friends
, of the Treaty for carrying it into Immediate Effect — Outline of
Mr. Madison's Able and Searching Speech in Opposition to it —
Debate becomes general — Celebrated Oratorical Effort of Mr.
Ames in Support of the Resolution — On taking Question in
Committee of the Whole, an Equal Vote of F'orty-nine to Forty-
nine on Either Side — Chairman of Committee, not approving the
Resolution, decides in favor of its going to the House, to be
thero amended — Carried in the House by a Vote of Fifty-one
to Forty-eight, several Merabers who voted in the Affirmative

xxiv CONTENTS.
declaring their decided Disapprobation of the Treaty — Extrerae
Excitement of the Federalists under Apprehension of losing
their Favorite Measure — Revolutionary Measures, in that event,
meditated by them — Coup cl'Etat concocted for the Occasion by
Colonel Hamilton, and strongly urged upon his PoUtical Friends
in Congress  526-567

CHAPTER LIII.
Effect produced in France by Resolution of Congress to carry Jay's
Treatj' into Execution — Dissatisfaction and Retaliatory Measures
of the French Government — Exertions of Mr. Monroe to avert a
Rupture — His Recall — Combination to effect it — Colonel Ham
ilton's Controversy vvith him — President publicly announces his
Purpose to decline a Re-election — His Farewell Address — Un
founded Clairas put forward to its Authorship — Canvass for the
Succession — Mr. Adams, the Federal Candidate — Secretly op
posed by Colonel Hamilton and his Friends, who endeavor to elect
to the Presidency Mr. Thomas Pinckney, Federal Candidate for
Vice-President — Mr. Adaras elected President; and Mr. Jeffer
son, the RepubUcan Candidate for the Presidency, elected Vice-
President — Controversial Correspondence betvveen the French
Minister and the Secretary of State — Its Asperity, on the Part
of Mr. Pickering, condemned by Colonel Hamilton — Second and
Offensive Note of Monsieur Adet, reviewing the Conduct of the
Araerican Government, and announcing Suspension of his Func
tions — Letter of Mr. Madison on the Critical State of Affairs —
Meeting of Congress — Speech of the President — Laments Dis
turbance of Relations with France, and hopes for Restoration of
Harmony ^Address of the House in Answer to the President's
Speech — Mr. Madison, as Meraber of Committee on the Address,
concurs in Cordial Tribute to the Merits of the President's Official
Career, and of his Exalted Character — Animated Debate on the
Address — FinaUy carried by Large Majority — Division of Vir
ginia Delegation — Conduct of Mr. Madison a Noble Proof of his
Superiority to Party Influences, and of his Veneration and At
tachment for the President — Sketch of the Character of Wash
ington drawn by Madison— President lays before Congress Mr.
Pickering's Ansvver to Last Note of Monsieur Adet — Comments.
of Mr. Madison on its Belligerent Tone — President maintains
his Pacific Attitude, while Cabinet embrace Warlike Counsels 
Uncertain and Precarious State of the Question at the Accession
of Mr. Adams  568-597

LIFE AND TIMES

JAMES MADISON.

CHAPTEE XXXVII.
Commencement of the New Govemment under the Constitution — Con
gress meets at New York — Votes for President and Vice-President
counted — The Venerable Charles Thompson sent to Mount Vernon
to announce to Washington his Election — Arrival and Reception of
the President in New York — His Inauguration and Speech — Address
of House of Representatives, as well as Speech of President, drawn
by Mr. Madison — Disagreement between the Two Houses on the
Subject of annexing a Title to the Office of President — Pompous
Title proposed in the Senate — Advocated by Mr. Adams and Richard
Henry Lee — Letter of Mr. Madison to Mr. Jefferson on the Subject —
Character and Composition of First Congress under the Constitution
— Mr. Madison proposes a Revenue System — Discussions upon it —
Opposition of the Massachusetts Delegation to proposed Duty on
Molasses — Mr. Madison urges, with great Earnestness and AbiUty,
the PoUcy of Special Discriminating Duties upon the Navigation of
Foreign Countries having no Commercial Treaty with the United
States — Selfish and Illiberal PoUcy of Great Britain — Views of Mr.
Madison supported by Mr. Fitzsimmons, Mr. Clymer, Mr. Baldwin,
and Mr. Page — Opposed by Mr. Lawrance, Mr. Benson, Mr. Sherman,
Mr. Ames, and Mr. Smith of South CaroUna — FinaUy carried by
Large Majority in House of Representatives — Defeated in the Senate
— Sentiments of the President on the Question.
The first Wednesday of March, 1789, was, as
we have seen, the period fixed for commencing, in

2 LIFE AND TIMES OF MADISON.
the city of New York, the operations of the new
government under the Constitution. Neither House
of Congress, however, was able to form a quorum
until the early part of the following month. The
first duty devolved upon them by the Constitution
was to examine, in joint raeeting, the votes which
had been given by the several States for President
and Vice-President of the United States, and to
declare the result. This was done on the Sth day
of April, 1789, and suitable measures adopted to
notify to General Washington and Mr. Adams their
respective elections to the offices of President and
Vice-President, — the former, by the unanimous
vote of the electoral colleges, expressing the un
divided wish of the nation; the latter, by a plu
rality of voices, which, though falling short of a
majority of the whole, was yet, under the Consti
tution, sufficient to make an election for the second-
office. The venerable Charles Thompson, Secretary of
the old Congress, who had occupied that position
of trust and confidence for fourteen years, and
whose very name was redolent of the memories of
the struggle for independence, was the messenger
chosen to convey to Washington the ofl&cial notice
of his election. He arrived at Mount Vernon on
the Uth day of AprU; and, on the 16th, General
Washington, attended by him and his former aide-
de-camp and personal friend, Colonel Humphreys,
set out for New York. An entry of the same
date in his private journal attests the deep and

THE PRESIDENT IN NEW YORK. 3
solemn impressions with which he quitted his loved
retreat, and, at the call of his country, again entered
upon the anxious career of public life. " About
ten o'clock this day, I bade adieu to Mount Vernon,
to private life, and to domestic felicity ; and, with a
mind oppressed Avith more anxious and painful sen
sations than I have words to express, set out for
New York, in company with Mr. Thompson and
Colonel Humphreys, with the best dispositions to
render service to my country, in obedience to its
call, but with less hope of answering its expecta
tions." Every step of his progress was marked by touch
ing expressions of the national love, confidence,
and gratitude. On the 23d of April he arrived at
New York, and was conducted by a committee of
Congress, amid public acclamations and rejoicings,
to the house destined for his residence. His formal
reception by the two Houses of Congress, and in
duction into office, took place in the Senate cham
ber, on the SOth day of April ; when, in presence
of both Houses of Congress, of the oflicers of the
old government, of the foreign ministers, and as
many of the public as could be admitted, he de
livered with great dignity, but not without deep
emotion, his inaugural speech on assuming the
reins of the executive administration.
Among the vicissitudes incident to human life,
no event, he said, could have filled him with greater
anxieties than that of which the notification had
been transmitted to him. On the one hand, he was

4 LIFE AND TIMES OF MADISON.
summoned by his country, whose voice he could
never hear but with veneration and love, from a
retreat he had fondly chosen as the asylum of his
declining years. On the other hand, the magnitude
and difficulty of the trust to which he was called
could not but overwhelm with despondence one so
little practised as himself in the duties of civil ad
ministration. In this conflict of emotions, he had
faithfully studied to collect his duty from a just
appreciation of every circumstance by which it
might be affected; and if,- in forming his conclu
sion, he had been too much swayed by a grateful
remembrance of former instances, or an affectionate
sensibility to the last transcendent proof, of the
confidence of his fellow-citizens, and had thence
too little consulted his incapacity, as well as his
disinclination for the weighty and untried cares
before him, his error, he trusted, would be palliated
by the motives which misled him. He then, with
deep solemnity, addressed his "fervent supplica
tions to that Almighty Being who rules over the
universe, who presides in the councils of nations,
and whose providential aids can supply every
human defect, that His benediction may conse
crate to the liberties and happiness of the people
of the United States a government instituted by
themselves for these essential purposes, and may
enable every instrument employed in its adminis
tration to execute with success the functions allotted
to his charge."
Forbearing to recommend to Congress, at that

INAUGURAL SPEECH. 5
time, any specific measure of public policy, from
which he excused himself by a graceful tribute to
" the talents, patriotism, and rectitude which adorn
the characters selected to devise and adopt them,"
he contented himself with expressing his confidence,
in general, that, "while, on one side, no local preju
dices or attachments, no separate views, nor party
animosities, will misdirect the comprehensive and
equal eye which ought to Avatch over this great
assemblage of communities and interests ; so, on
another, that the foundation of our national policy
wHl be laid in the pure and immutable principles
of private morality, and the pre-eminence of free
government be exemplified by all the attributes
which can win the affections of its citizens and
command the respect of the world." This antici
pation, he added, he indulged with the more hope
fulness, " as no truth is better established than there
exists, in the economy and course of nature, an in
dissoluble union between vh-tue and happiness ; as
the smiles of Heaven can never be expected on any
nation that disregards the etern.al rules of order
and right, which Heaven itself has ordained ; and
as the preservation of the sacred fire of liberty
and the destiny of the republican model of gov
ernment are justly considered as deeply, perhaps
finally, staked on the experiment intrusted to the
hands of the American people."
He next invited the consideration of Congress
to the inquiry, whether the exercise of the occa
sional power of initiating amendments to the Con-

6 LIFE AND TIMES OF MADISON.
stitution, delegated to it by the fifth Article of that
instrument, may not be rendered expedient, at the
present juncture, by the nature of the objections
which have been urged against the system, or the
degree of inquietude that has given bu'th to them.
" Instead," he said, " of undertaking particular
recommendations on this subject, in which I could
be guided by no lights derived from ofl&cial oppor
tunities, I shall again give way to my entire con
fidence in your discernment and pursuit of the
public good. For I assure myself, that, whilst
you carefully avoid every alteration which might
endanger the benefits of an united and effective
government, or which ought to await the future
lessons of experience, a reverence for the charac
teristic rights of freemen, and a regard for the
public harmony, will sufl&ciently infiuence your
deliberations on the question, how far the former
can be more impregnably fortified, or the latter be
safely and advantageously promoted."
After adverting to the resolution formed by him,
when first honored with a call into the service of
his country, to decline all personal emoluments;
and requesting, therefore, that the pecuniary esti
mates for the station in which he was then placed
should, during his continuance in it, be limited to
such actual expenditures as the public good may
be thought to require, — he concluded with an im
pressive invocation " to the benign Parent of the
human race, that, since He has been pleased to
favor the American people with opportunities for

ADDRESS OF THE HOUSE OF REPRESENTATIVES. 7
deliberating in perfect tranquillity, and dispositions
for deciding with unparalleled unanimity, on a form
of government for the security of their union and
the advancement of then* happiness ; so His divine
blessing may be equally conspicuous in the en
larged views, the temperate consultations, and the
wise measures, on which the success of then gov
ernment must depend."-^
To this speech, answers, full of confidence and
respectful attachment, were voted by both Houses.
That of the House of Eepresentatives was reported
by a committee of which Mr. Madison was chair
man, and is known to have been written by him.
It expressed in language of great chastity and dig
nity, and with an overfiowing warmth of affection,
removed alike from servility or stereotyped formal
ity, the loyalty of a free people to their first citizen,
chosen by themselves, to preside over their affairs, —
the ardent but rational homage of the heart to great
services and transcendent merit.
" The Eepresentatives of the people of the
United States," they said, " present their congratu
lations on the event by which your fellow-citizens
have attested the pre-eminence of your merit. You
have long held the first place in their esteem.
You have often received tokens of their affec
tion. You now possess the only proof that re-
1 It is a circumstance honorable American President to the assem-
to both parties, and a striking iUus- bled councils of the nation, General
tration of their intiraate communion Washington called to his aid the
of mind and friendship, that, in this practised and poUshed pen of Mr.
first and model address of the Madison. — See post, pp. 64, 65.

8 LIFE AND TIMES OF MADISON.
mained of their gratitude for your services, of their
reverence for your wisdom, and of their confidence
in your virtues. You enjoy the highest, because
the truest, honor of being the first magistrate, by the
unanimous choice, of the freest people on the face
of the earth.
" We well know the anxieties with which you
must have obeyed a summons from the repose re
served for your declining years, into public scenes,
of which you had taken your leave for ever. But
the obedience was due to the occasion. It is al
ready applauded by the universal joy which wel
comes you to your station. And we cannot doubt
that it will be rewarded with aU the satisfaction
with which an ardent love for your fellow-citizens
must review successful efforts to promote then-
happiness. " This anticipation is not justified merely by the
past experience o.f your signal services. It is par
ticularly suggested by the pious impressions under
which you commence your administration, and the
enlightened maxims by which you mean to conduct
it. We feel with you the -.strongest obligations to
adore the invisible hand which has led the Ameri
can people through so many difl&culties ; to cherish
a conscious responsibility for the destiny of repub
lican liberty ; and to seek the only sure means of
preserving and recommending the precious deposit,
in a system of legislation, founded on the principles
of an honest policy, and directed by the spirit of a
diffusive patriotism."

TITLE OF PRESIDENTIAL OFFICE. 9
After responding, in suitable terms, to the several
suggestions contained in the speech, the address
concluded : " Such are the sentiments we have
thought fit to address to you. They flow from our
own hearts ; and we verily believe, that, among the
millions we represent, there is not a virtuous citizen
whose heart will disown them. All that remains
is, that we join in your fervent supplications for
the blessings of Heaven on our country ; and that
we add our own for the choicest of these blessings
on the most beloved of her citizens."
Amid this auspicious inauguration of the new
government, there was one incident which formed
an exception to the general harmony and union of
sentiment that prevailed. On the 23d of AprU,
1789, while the arrangements for the formal recep
tion of the President by the two Houses were under
consideration, a committee was appointed by the
Senate, " to consider and report what style or titles
it will be proper to annex to the offices of Presi
dent and Vice-President of the United States, if
any other than those given in the Constitution ; "
and it was authorized to confer on the subject
with such committee as the House of Eepresenta
tives shall appoint for the purpose. On the follow
ing day, a committee was appointed by the House.
The joint committee reported, that it is not proper
to annex to the offices of President and Vice-Presi
dent any other style or titles than those expressed
in the Constitution.
This report was cordially and promptly accepted

10 LIFE AND TIMES OF MADISON.
by the House of Eepresentatives ; but was disa
greed to by the Senate, who proceeded, at the same
time, to appoint a new committee to consider and
report " under what title it will be proper for the
Senate to address the President of the United
States." ^ On the following day, the powers of the
new committee were modified and enlarged, "to
confer with any committee to be appointed by the
House of Eepresentatives, on the difference of
opinion, now subsisting between the two Houses,
respecting the title of the President of the United
States." The message of the Senate, inviting a
committee of conference on the disagreeing votes
of the two Houses, gave rise to a very warm and
almost acrimonious debate in the House of Eepre
sentatives; which resulted, however, in the appoint
ment of another committee on its part, as a
courtesy which could not be decently withheld from
a co-ordinate branch of the legislature.^
The two committees were unable to agree on any
report; and the committee of the Senate made a
separate report, recommending that the President
should be addressed as " His Highness, the Presi
dent of the United States of America, and Protector
of thek Liberties." This report was postponed;
and, in lieu of it, the Senate adopted a resolution,
1 Mr. Eichard Henry Lee, of chusetts ; on the second, Mr. EUs-
Virginia, was chairman of each of worth and Mr. Johnson, the two
the coraraittees appointed by the senators from Connecticut.
Senate. His coUeagues on the first 2 gee this debate in Lloyd's Ee-
committee were Mr. Izard, of South gister, vol. 1. pp. 282-290.
Carolina, and Mr. Dalton, of Massa-

LETTEE TO MR. JEFFERSON. H
declaruig, in general terms, that respect for the
sentiments and usages of civihzed nations rendered
it proper, in their opinion, to annex a suitable title
to the office of President of the United States; but
as the House of Eepresentatives had already, in
the address delivered by them, dispensed with any
other title than that by which the office is desig
nated in the Constitution, they would for the pres
ent, in order to preserve harmony, conform to that
example. This singular incident in the early history of the
government, so little in accordance with the repub
lican genius of the people and of the Constitution,
is thus related by Mr. Madison, in a letter to Mr.
Jeff'erson, of the 23d of May, 1789 : -^
" My last inclosed copies of the President's in
augural speech, and the answer of the House of
Eepresentatives. I now add the answer of the
Senate. It will not have escaped you, that the
former was addressed, with a truly republican sim
plicity, to George Washington, President of the
United States. The latter follows the example,
with the omission of the personal name, but with
out any other than the constitutional title. The
proceeding on this point was in the House of Eep
resentatives spontaneous. The imitation by the
Senate was extorted. The question became a seri
ous one between the two Houses. Mr. Adams
espoused the cause of titles with great earnestness.-^
1 It appears from a letter of Mr. in consequence of observations ad-
Adams, written in 1792, that it was dressed by him fi-om the chair to

12 LIFE AND TIMES OF MADISON.
His friend, Eichard Henry Lee, although elected as
a republican enemy to an ' aristocratical' Constitu
tion, was a most zealous second. The projected title
was, ' His Highness, the President of the United
States of America, and Protector of thek Liberties.'
Had the project succeeded, it would have subjected
the President to a severe dilemma, and given a
deep wound to our infant govemment."
Before the arrival and inauguration of the Presi
dent, Congress had found it necessary — such was
the urgency of public affairs — to enter on the dis
charge of its separate legislative duties. To pro
vide certain and adequate revenues for defraying
the expenses and fulfilling the engagements of the
government;' to prescribe the organization and de
fine the attributes of the principal administrative
departments ; to settle a judiciary system for giving
effect to the laws and Constitution of the Union; to
lay, in general, the foundations of a national policy
at home and abroad, — such were the difficult and
important duties which devolved upon the first
Congress under the Constitution.
The men chosen by the people or the States to
perform these arduous tasks, in the one and the
other branch of the legislature, were in general
men of large experience, of practical sagacity, and
of good dispositions, except when swayed by the
predominance of local and partial interests. In
the Senate, that a committee was the office of President. See this
raised to consider and report what letter in Adams's Works, vol. viii.
title it would be proper to annex to pp. 512, 613.

CHAEACTEE OF FIEST CONGRESS. 13
the House of Eepresentatives, which then consisted
of fifty-nine members (North Carolina and Ehode
Island not having yet joined the Union), eight of
them — Mr. Gilman of New Hampshire, Mr. Gerry
of Massachusetts, Mr. Sherman of Connecticut, Mr.
Clymer and Mr. Fitzsimmons of Pennsylvania,
Mr. Daniel Carroll of Maryland, Mr. Madison of
Virginia, and Mr. Baldwin of Georgia — had been
members of the convention which framed the Con
stitution. Of the residue, a large proportion had
been members either of the Eevolutionary Congress
or the Congress of the confederation ; and several,
who now appeared for the first time on the national
theatre, soon acquired a distinguished national re
putation by their abUities and thek eloquence.
In this assembly, the lead, by general consent,
was assigned to Mr. Madison. On the Sth day
of April, immediately after the oath of office, pre
scribed by the Constitution, had been administered
to the members, he rose and offered to the House a
resolution relative to the best mode of raising an
immediate revenue, and at the same time " rescu
ing the trade of the country, in some degree, from
its present anarchy." The revenue system recom
mended by the Congress of the confederation in
1783, — which consisted, in the florst place, of specific
duties on certain enumerated articles of foreign mer
chandise,^ and then of an uniform ad valorem duty
1 The enumerated articles iu Uquors,wines, teas, cocoa and coffee,
the revenue plan of 1783 were the sugars, molasses, and pepper.
various descriptions of spirituous

14 LIFE AND TIMES OF MADISON.
of five per centum on non-enumerated articles, —
ha-\dng undergone the careful consideration of all
the States at the time, and received the sanction of
nearly all of them, he thought would, with proper
modifications, be best adapted to the present exi
gency. Pressed as they were for immediate sup
plies to the treasury, and not having yet the ne
cessary data for detailed estimates, it would not be
practicable for them to perfect an entirely new sys
tem. Pie proposed, therefore, to make the system
of 1783 the basis of their present action ; and to
connect with it a graduated scale of duties on the
tonnage of all vessels importing goods into the
United States, according as they should be the prop
erty of American citizens, of the subjects of foreign
powers which had formed treaties of commerce with
the United States, or of those which had no such
treaties. The proposition of Mr. Madison, as a basis of le
gislative action, met with general approbation. But
a disposition was soon manifested to extend very
largely the list of enumerated articles. Mr. Fitz
simmons, of Pennsylvania, prepared and submitted a
long list of additional articles for special rates of
duty ; having in view, to use his own expression,
"the encouragement of the productions of the
country and the protection of its infant manufac
tures," as well as the raising of revenue, which was
the primary object of Mr. Madison's proposition.
This opened a wide field for the competition of
local and rival interests. But with a single excep-

DISCRIMINATING DUTIES. 15
tion, to be hereafter noticed, a spkit of wise mode
ration, and of "mutual deference and concession,"
prevailed in the discussion. The enlarged and
statesmanlike views announced by Mr. Madison,
and the example he gave in his own course of
action of the abnegation of all exclusive, sectional
interests, contributed, in an eminent degree, to pro
duce this result.
" I own myself," he said, " the friend of a very
free system of commerce, and hold it as a truth that
commercial shackles are generally unjust, oppres
sive, and impolitic. It is also a truth, that, if in
dustry and labor are left free to take their own
course, they .will generally be dkected to those
objects which are most productive ; and this in a
more certain and direct manner than the wisdom of
the most enlightened legislature could point out."
But to these general principles he admitted there
are sometimes important exceptions, arising from
the necessity of countervailing the selfish and inju
rious policy of other nations ; from the expediency
of sustaining nascent enterprises of domestic in
dustry, which, without the seasonable and incidental
encouragement of the government, would perish;
from the vital and paramount interests of the na
tional defence ; and from considerations of fiscal
convenience, so far as revenue can be obtained with
more certainty, ease, and equality, by imposts on
trade, than by any other method.
The wisdom of the statesman consists in distin
guishing these cases, and rightly determining when

16 LIFE AND TIMES OF MADISON.
the general rule, and when the exception, applies.
In every case, he said, " we must consider the gen
eral interest of the Union, for this is as much the
duty of every representative to consider, as State or
local interests ; and any system of impost that this
body wUl adopt must be founded on the principles
of mutual concession."
One of the measures now brought forward by
him, specially intended for the encouragement and
protection of the navigating interest, by the impo
sition of discriminating tonnage duties on foreign
vessels, was in itself the strongest illustration of the
liberal and catholic spirit in which he acted. The
navigation of the country was almost exclusively' in
the hands of the Northern and Eastern States, and
the immediate benefit, therefore, of the proposed
duties would accrue to them; while the burthen
upon the agricultural States of the South, which
furnished the chief einployment for the shipping of
the country, would be borne without any compen
sating advantage to them as shipowners. But Mr.
Madison looked at the subject from a higher point
of view, — the necessity of fostering a naval power
for national defence ; and was willing, for his own
State and section, to incur a partial sacrifice, in order
to promote what he deemed an object of vital con
cern to the nation.
" If," said he, " it is expedient for America to
have vessels employed in commerce at all, it wiU
be proper that she have enough to answer all the
purposes intended, — to form a school for seamen,

AMERICAN NAVIGATION. H
to lay the foundation of a navy, and to be able to
support herself against the interference of foreign
ers. ... I consider an acquisition of maritime
strength essential to this country. If ever we are
so unfortunate as to be engaged in war, what but
this, can defend our towns and sea-coast ] or what but
this can enable us to repel an invading enemy 1 " ^
Eecurring to the same important subject two
weeks later, he said, " I admit that laying fifty cents
per ton on foreign vessels, and but six on our
own, is a regulation by which the owners of Ameri
can shipping will put a considerable part of the
difference into their pockets. This, sir, I consider
a sacrifice of interest to policy. . . . We have mari
time dangers to guard against ; and we can be
secured from them m no other way than by having
a navy and seamen of our own. These can be
obtained only by giving a preference. I admit it
is a tax, and a tax upon our produce ; but it is a
tax we must pay for the national security. ... I
am a friend to the navigation of America, and shall
always be, ready to go as great lengths in favor of
that interest as any gentleman on this floor." ^
In these sentiments, and the measure proposed
by him, Mr. Madison was supported by the cordial
concurrence of almost the entire delegation of his
State. The representatives of the two other South
ern States then present in Congress — South Caro
lina and Georgia — also gave an unqualified assent
to the principle of discrimination in favor of Ameri-
1 Lloyd's Debates for 21st April, 1789. 2 idem, 4th May, 1789.
VOL. III. 2

18 LIFE AND TIMES OF MADISON.
can navigation, and differed only as to the amount
of the proposed duty. Conduct of so much liberality
and self-denial on the part of Southern members
extorted a handsome tribute of acknowledgment
from a leading representative of the North,^ and
well merited a return in kind. But the example
was easier to praise than to imitate.
Araong the articles on which specific duties were
proposed, were spirituous liquors and raolasses.
The latter article was imported very largely into
New England, — particularly Massachusetts, — not
merely for consumption in substance, but as a ma
terial frora which a liquor was distilled that entered
very extensively into competition with the West-
India spirits. If suffered, therefore, to be im
ported without paying a duty in just proportion to
that imposed on the spirits of the West Indies, the
New-England rura produced frora it would have
such an advantage in the corapetition, as to exclude
its foreign rival, and destroy the revenue intended
to be dvawa frora that source. Under this view of
the subject, whUe the duty on ardent spirits of Ja
maica proof was put at fifteen cents the gallon, that
on molasses was put by the Comraittee of the
Whole, after full discussion and deliberation, at six
cents the gallon.
Moderate as this duty was, it gave rise to a vio
lent outcry araong the representatives of Massachu
setts ; and nearly the whole delegation of the State
1 Mr. Ames of Massachusetts. See his remarks in Lloyd's Debates,
vol. 1. p. 239.

THE MASSACHUSETTS DELEGATION. 19
occupied the time of the House for several days
with veheraent reraonstrances against it. One of
thera, Mr. Thacher, went so far as to intiraate that
the people of his State " will hardly bear a tax
which they cannot but look upon as odious and
oppressive ; " and soraething having been said, in
the course of the discussion, of the noxious effects
of New-England rura on the health and raorals of
the country, he sought to offset the account by in
vidious allusions to the subject of African slavery
in the South. Mr. Araes, in a highly colored fancy
sketch of the desolating effects of the diminutive
duty proposed on molasses, allowed himself to say,
" Mothers will teU their children, when they solicit
thek daily and accustomed nutriment, that the new
laws forbid thera the use of it ; and they wUl grow
up in detestation of the hand which proscribes
thek innocent food, and the occupation of thek
fathers." Mr. Madison, in replying to the first speaker,
said with dignity, " I shall raake no observation
upon the language of the gentleraan, because I do
not conceive it expresses either the deliberate tem
per of his own mind or the good sense of his con
stituents." He contented himself, therefore, with
showing, that " if the duty on raolasses be reduced,
we bid fair to lose the great revenue expected frora
West-India rum, and have its place supplied with a
baser spkit; and thus the interests of three nul
lions of people are to be sacrificed to the establish
ment of a few distilleries ! " But to the ambitious

20 LIFE AND TIMES OF MADISON.
and minatory rhetoric of Mr. Ames, he addressed
the following grave rebuke : —
"The Southern States import many articles which
the Eastern do not, — many things that are neces
sary to the poor. Why may we not, with equ'al
justice, color our reasoning by a description of our
sufferings'? May not public exclamations be ex
cited ; and the children, for want of clothes, be
taught to breathe a vindictive spirit X But let me
ask, gentleraen, why these apprehensions for one
part of the Union raore than the other ? Are the
Northern people raade of finer clay % Do they re-
spke a clearer air ¦? Do their breasts burn with a
more generous ardor for their rights as men, or for
their country's happiness and glory % Are they the
chosen few 1 Are all others to be oppressed with
accuraulated burthens, and they to take their course
easy and unrestrained X No : I trust the general
government will equally aflfect all, for the protec
tion of whose interests it was instituted, — which
can only be done by acts of justice and irapartiality.
And on this ground I commit the decision to the
House." But the part of Mr. Madison's proposition which
gave rise to the most earnest and important discus
sion, was the discrimination he proposed in the im
position of tonnage duties between the vessels of
nations having treaties of coraraerce with the
United States, and of those not having such trea
ties. France, Holland, Sweden, and Prussia had
entered mto liberal treaties of amity and commerce

POLICY OF GREAT BRITAIN. 21
with the United States. But England, although
she had a larger interest in the commerce of the
United States than any other power, had persever
ingly and haughtily rejected every overture made
by the latter for a commercial arrangeraent founded
on principles of reciprocity.
By an Order in CouncU, issued iraraediately after
the close of the Eevolutionary war, she excluded
the vessels of the United States frora all trade with
her West-India colonies ; and the ports of Great
Britain and Ireland were opened to them only when
freighted with the productions of thek own coun
try. AU participation in the carrying trade was
strictly prohibited to them. While this system of
restriction and exclusion was enforced by England
against the United States, she enjoyed a virtual
monopoly of almost the whole foreign trade of the
United States, dkect and indirect. The efforts
made by some of the States to counteract her selfish
policy had been utterly abortive, from the want of
a central power to harmonize and direct thera.
Now that the exclusive right was vested in the
government of the Union to regulate the commer
cial kitercom-se with foreign nations, the public sen
timent of the country concurred with the wisdom
of its most enlightened statesmen, m deraanding
that this right should be exerted with firmness
against a power whose illiberal policy in coraraerce
was rendered doubly distasteful by her haughtiness
in declining an exchange of diploraatic relations
with the new Eepublic, as weU as by her high-

22 LIFE AND TIMES OF MADISON.
handed conduct in retaining possession of irapor
tant mUitary posts within its jurisdiction, against
the express stipulations of the treaty of peace.
Mr. Madison proposed his scheme of discriminat
ing tonnage duties as a commencement only, in the
policy of enforcing a just reciprocity and respect
from foreign powers, by means of retaliatory and
defensive regulations, when necessary. In develop
ing his proposition, he said, " Will any gentleman
say that British vessels ought to enjoy in Araerican
ports greater advantages than are enjoyed by Araer
icans in British ports "? . . . Sorae of the raost val
uable ports she possesses, and raost conducive to
our interests, are absolutely closed against us ;
whUst every port in the United States is open to.
her, without restriction or liraitation. Again, even
in those which it is permitted Araerica to enter with
her vessels, she raust bring nothing but the produce
of her own soil ; while the British ship raakes ck-
cuitous voyages, and brings with her the produce
of every quarter of the globe."
On a subsequent day, he added, " We have
now the power to avail ourselves of our natm-al
superiority ; and I am for beginning with some
manifestation of that ability, in order that foreign
nations may be taught to pay us that respect which
they have neglected on account of our former im
becility. This language and these sentiments are
the language and sentiments of our constituents.
The great political revolution, now brought about
by the organization of the new government, has its

SYMPATHIES OF NEW YOEK. 23
foundation in these sentiments. Sensible of the
selfish policy which actuated a nation long dis
posed to do all she could to discourage om- com
mercial operations, the States singly atterapted to
counteract her nefarious scheraes. But finding thek
separate exertions ineffectual, with a united voice
they called for a new arrangement, constituted to
concentre, conduct, and point their powers so as to
obtain that reciprocity which justice demands. The
arrangeraent has taken place ; and though gentle
raen may contend that we are not, at this moraent,
prepared to use it in the latitude I could wish, yet
let thera concur in doing what shall indicate, that,
on a proper occasion, we dare exert ourselves in
defeating any measure which foreign commercial
policy shall offer hostile to the welfare of America."
Strong as were the considerations of justice, of
interest, and of national self-respect which recom
mended this raeasure, it raet, in certain quarters,
with a zealous and persevering resistance. It was
opposed, with particular earnestness, by the repre
sentative of the city of New York, which was at
that day the stronghold of British interests and
British sympathies in Araerica. Mr. Madison, writ
ing to Mr. Jefferson on the 9th day of May, 1789,
gives the following account of the opposition it
encountered in the House of Eepresentatives : —
" The discriraination between nations in and not
in treaty has given birth to three distinct and urgent
debates. On the last, the minority was very smaU
for putting Great Britain at once on the same foot-

24 LIFE AND TIMES OF MADISON.
ing with the most favored nations. This policy,
though patronized by sorae respectable names, is
chiefly abetted by the spirit of this city [New York],
which is steeped in Anglicism. It is not iraproba
ble, from the urgency of its representative, that a
further effort may yet be made."
Such, however, was the vigor with which Mr.
Madison raet the arguraents of his opponents, on
the occasion of the last debate referred to by him,
that no effort was afterwards made to avert the
inevitable decision. We subjoin a brief extract of
his closing and victorious reply to Mr. Lawrance,
the representative of the city of New York : —
" The policy manifested by that nation [Great
Britain] towards us since the Eevolution, must
evince to every thinking raind the necessity of
extending our commerce to other channels, and
no longer suffer her to regulate and limit us in
this particular. The policy of her Parliament has
been on the watch to seize every advantage which
our weak and unguarded situation exposed. She
has bound us in coraraercial shackles, and very
nearly defeated the object of our independence. . . .
The gentleman from New York seems to appre
hend, that, if we commence commercial hostUities,
we shall suffer by reprisals. For ray part, I am not
afraid of suffering in the contest. Her interests can
be wounded almost mortally, while ours are invul
nerable. She is sensible of this ; and the people of
America are not unacquamted with the natm-al ad
vantage possessed over her.". . .

COMMERCIAL INDEPENDENCE. 25
" It may be said the British West Indies could
draw supplies from the mother country. But this
is only precarious. There are always times when
they must be dependent upon us even for the
necessary subsistence to save them from de'struc-
tion. Now, let me ask, what article is it that we
are dependent upon Great Britain for, which is es
sential for our subsistence 1 If it be said there are
articles of convenience we must have from her, I
beg gentleraen to look around, and observe that the
materials for those raanufactures, which she sup
plies us with and fabricates in the highest perfec
tion, are to be found in the United States ; and,
within these few years, we have raade rapid ad
vances in raanufacturing, ourselves. ... I have,
therefore, no fears of entering into a commercial
warfare with that nation. If fears are to be enter
tained, they lay on the other side." ^

1 The extracts here given of Mr. the title of " Annals of Congress,"
Madison's speeches on the subject is not free from inaccuracies, both
of commercial discrimination, as of matter and diction. (See Mr.
well as of his other speeches of this Madison's letter to Messrs. Gales
period, are taken from "Lloyd's and Seaton, of the 5th of August,
Eegister of Debates,'' a contempo- 1833.) It appears from this letter
rary pubUcation ; from which also of Mr. Madison, that " he never,
will be drawn whatever citations in a single instance, wrote out a
we shall have oocasion to raake of speech beforehand, nor corrected
subsequent speeches made by him the reporter's notes of one beyond
during the three sessions of the making it faithful in substance ; "
First Congress. It is proper to re- and even this precaution, we are to
mark, that this publication, though infer from what was said by him on
the best report extant of the con- the floor of the House in some re-
gressional debates of that period, marks of the 26th of September,
and adopted by Gales and Seaton 1789, was omitted with regard to
for that portion of the extensive the reports of his speeches in
compilation made by them under " Lloyd's Register." The extracts.

26 LIFE AND TIMES OF MADISON.
Mr. Madison was ably seconded in these views
by Mr. Fitzsimraons and Mr. Clymer of Pennsyl
vania, Mr. Baldwin of Georgia, and Mr. Page of
Virginia. The opposition on the floor of the House
was conducted solely by Mr. Lawrance of New
York, and his colleague, Mr. Benson, with the co
operation of Mr. Sherman of Connecticut ; but
Mr. Ames of Massachusetts, and Mr. Smith of
South Carolina, though silent, entered warmly into
the spirit of the opposition. The proposition of
Mr. Madison was finally carried by an overwhelra
ing raajority, nine members only voting against it.'
The scale of duties adopted was six cents per ton
on national vessels, thirty cents on vessels of foreign
powers having treaties of coramerce with the United
States, and fifty cents on those of powers not having
such treaties. A similar discrimination was after
wards, on the motion of Mr. Sraith of Maryland,
made in the Impost Bill, in the duties laid on the
leading article of foreign distilled spirits, which,
when iraported from countries in commercial alliance
with the United States, were subjected to a duty
of twelve cents, and from countries not in coraraer
cial alliance, fifteen cents the gallon.
therefore, we give of his speeches be borne in mind, in comparing
in Congress are to be considered the more modern and elaborately
only as conveying an idea of their finished specimens of American
general spirit and substance and parUamentary eloquence, with the
coloring, and not of those minuter off-hand, but in the main vigorous
graces of language, which, accord- and spirited, sketches of oui- ances-
ing to all accounts, imparted an un- tors.
comraon elegance and poUsh to his i This statement was made by
spoken as weU as written discourse. Mr. Madison in the debate of the
This circumstance must always 7th May, 1789.

SENTIMENTS OF THE PRESIDENT. 27
Both the Tonnage and Impost BUls, when they
went up to the Senate, were amended by striking
out the clause of disci-imination in each. The
House, when the bUls were retm-ned to it, refused
to concur in the amendment ; and a comraittee of
conference was appointed on the disagreeing votes
of the two branches. In the conference, it was
stated, on behalf of the Senate, that that body did
not disapprove the prurciple of the discriraination,
but mtended, by a separate bUl, to give effect to it
in a forra which they believed would be raore
thorough and coraplete. Upon this assurance, the
House, rather than risk the loss of the bUls, ac
quiesced with reluctance in the araendraent. Noth
ing, however, grew out of the proraises of the
Senate but the appointraent of a coraraittee to
bring in another measure, which fell, still-born, as
soon as reported.
The President, whose calm judgment fully recog
nized both the justice and the policy of the pro
posed discrimination, was so rauch disappointed at
the conduct of the Senate in striking out the pro-
¦vision frora the Tonnage Bill, that, according to a
raeraorandura recorded by Mr. Madison, " he told
Mr. Dalton, one of the senators of Massachusetts,
that he would not have signed the bill, but for the
expectation given hira, that the Senate would pro
vide for the object in some other mode deemed
more eligible." It afterwards appeared that his
sentiments on the subject were not left to rest on
the uncertain foundation of oral tradition. In a

28 LEFE AND TIMES OF MADISON.
letter to his friend. Dr. Stuart, of Vkginia, written
on the 26th of July, 1789, he used this unequivocal
language : —
" The opposition of the Senate to the discrimina
tion in the Tonnage BUl was so adverse to my ideas
of justice and policy, that I should have suffered it
sUently to pass into a law without my signatm-e, had
I not been assured by some members of the Senate,
that they were preparing another biU, which would
answer the purpose raore eflfectually, -without being
liable to the objections and the consequences which,
they feared, would have attended the discrimination
proposed in the Tonnage BUI."

CHAPTEE XXXVIIL
Resolutions proposed by Mr. Madison for organizing Executive Depart
ments — Power of the President to remove firom Office, ably and
elaborately Discussed — Sustained by Mr. Madison on the True
Theory of the Constitution — House of Representatives decide in
Favor ofthe Power, by a Vote of Thirty to Eighteen — Carried in the
Senate by Casting Vote of Vice-President — Mr. Madison brings for
ward Proposition for certain Declaratory Araendments of the Consti
tution, in the Nature of a BiU of Eights, to quiet Apprehensions in the
PubUo Mind — Persuasive Considerations by which he sustains the
Proposition — Finally carried by his Influence and Address, with
the required Two-thirds of ' both Houses — Amendment offered by
Mr. Tucker, of South CaroUna, affirming the Eight of the People
to give Mandatory Instructions to their Eepresentatives, rejected by
a Vote of Forty-one to Ten — Happy Effects of Amendments adopted
on Motion of Mr. Madison — BiU passed by the Senate for Organizing
the Federal Judiciary — Opinions and Course of Mr. Madison with
regard to it in House of Eepresentatives — Eesolutions of Mr. Scott,
of Pennsylvania, for fixing Permanent Seat of Government — Combi
nation of New-England States and New York to keep the Seat of
Government yet longer in City of New York — To gain Co-operation
of Pennsylvania, Mr. Goodhue, of Massachusetts, announces on the
Floor of the House an Arrangement, out of doors, between the Eepre
sentatives of Nevv England and New York, to vote for Eastern Bank
of Susquehanna as the Ultimate Seat of Government — Spirited Eebuke
of this Unparliamentary Proceeding by Mr. Madison — His Speech
showing the Superior National Advantages of the Potomac over the
Susquehanna for the Permanent Seat of Government — Overture to
the Pennsylvania Delegation succeeds, and Bill brought in declaring
Eastern Bank of the Susquehanna the Permanent, and the City of

30 LIFE AND TIMES OF MADISON.
New York the Temporary, Seat of Government — History of the
Measure, in a Letter from Mr. Madison to Judge Pendleton — His
Persevering Opposition, and Final Success in Defeating it — Congress
adjourns — Letter of Mr. Madison to the President, exposing the
PoUcy and Conduct of the several Parties in the late Combination
respecting the Seat of Government.
These questions of revenue, navigation, and
commerce being disposed of, the attention of the
House of Eepresentatives was next directed to the
important subject of the organization of the lead
ing adrainistrative departments. The Constitution
expressly contemplated the establishment of appro
priate " executive departments," with a " principal
officer" at the head of each, to act under the con
trol and in aid of the President in the performance
of his high constitutional functions. Mr. Madison,
on the 18th of May, introduced resolutions, in Com
mittee of the Whole, declaring that there should be
established an executive department, to be denomi
nated the " Departraent of Foreign Affairs,'' at the
head of which should be an officer, to be called
" Secretary for Foreign Affairs," appointed by the
President, with the advice and consent of the Sen
ate, and reraovable by the President ; and, in like
manner, a department of the Treasury, and a de
partraent of War, with principal officers or secre
taries over each, appointed and reraovable as in the
case of secretary for foreign aff'airs.
The point in these resolutions, which gave rise
to a serious difference of opinion and was the sub
ject of debate for the whole day, was that which

POWEE OF EEMOVAL. 31
related to the removal of the principal officer or
secretary by the act of the President alone. Mr.
Bland, of Virginia, raoved to araend the resolutions,
by requiring the " advice and consent" of the Senate
to the reraoval ; but the araendment was rejected
by a considerable majority, and the resolutions were
reported to the House for its concurrence. On the
22d of May, the House concurred in the resolutions
of the Committee of the Whole, and appointed a
select comraittee of eleven merabers, one for each
State, — Mr. Madison being the raember chosen
for Virginia, — to prepare and bring in bills pur
suant to the resolutions. The bill for the estab
lishment of the department of foreign affairs was
taken up on the 16th of June, just a month after the
first discussion on the subject in Committee of the
Whole ; and the clause respecting the removability
of the secretary again became the subject of an
elaborate and protracted discussion, which con
tinued through an entire week.
A more iraportant debate has rarely occurred in
the constitutional history of any country. It in
volved an exaraination of the true theory of the
Constitution in sorae of its raost essential principles :
touching, on the one hand, the security of the pub
lic liberty ; on the other, the efficiency and success
of the public adrainistration. With the single
exception of Mr. Sraith, of South Carolina, who
contended that all adrainistrative offices were held
by the tenm-e of good behavior, and that the in
cumbent could, therefore, be removed only by the

32 LIFE AND TIMES OF MADISON.
slow and litigious process of impeachment, it was
universaUy conceded, that, except in the case of the
judiciary, — who were expressly declared to hold
their offices during good behavior, — there raust
exist somewhere in the government a prompt and
summary power of reraoving incompetent, unfit, or
inefficient officers, for causes short of official mis
behavior in the legal sense. But the Constitution
had not declared by whom this discretionary power
of removal was to be exercised. It was, conse
quently, to be determined by a sound and enlight
ened consideration of the whole economy and
genius of the instruraent.
By one class of reasoners it was insisted, that, in
the nature of things, the power of removal follows
the power of appointment, and that, as the Presi
dent appointed to office by and with the advice and
consent of the Senate, so he could remove from
office only with the same advice and consent. But
this thesis, however plausible or just in general, it
was contended, on the other hand, could not be
raaintained under the Constitution, in reference to
the question in debate. The executive power, it
was said, was in so raany words vested by the
Constitution in the President alone, except where
qualified by sorae positive liraitation. In the case of
appointraents, it was expressly qualified, by requiring
the advice and consent of the Senate ; but, there
being no such qualification declared as to reraoval,
the general executive power of the President stood,
in that case, discharged from the restriction.

POWEE OF EEMOVAL. 33
The general principle established by the Con
stitution was the unity and responsibUity of the
executive power in the hands of the President. It
was, moreover, expressly made his duty "to take
care that the laws be faithfully executed." But
" how could such a duty," said Mr. Madison, " be
required at the hands of the executive magistrate,
if the officer, when once appointed, is to depend
for his official existence, not upon him, but upon
a distinct bodyl ... I can hardly bring rayself to
imagine," he added, " that the wisdom of the con
vention, who framed the Constitution, contemplated
such an incongruity." ^
It is impossible here to follow this great debate
in aU its detaUs. The student of our constitutional
history will, of course, consult it in the fulness of
the contemporaneous reports. The leading part
in it was borne by Mr. Madison, with his accus
tomed abUity, profound knowledge, and large and
lucid views : but he was ably sustained by Mr.
Baldwin, of Georgia ; Mr. Eichard Bland Lee and
Mr. Moore, of Virginia ; Mr. Vining, of Delaware ;
Mr. Clymer, Mr. Hartley and Mr. Scott, of Penn
sylvania ; Mr. Boudinot, of New Jersey ; Mr. Ben
son and Mr. Lawrance, of New York; Mr. Ames,
Mr. Sedg-wick, and Mr. Goodhue, of Massachu
setts. The opposite side of the question had its
leading champions in Mr. Jackson, of Georgia;
Mr. Smith, of South Carolma; Mr. Bland, Mr.
Wliite, and Mr. Page, of Vkginia; Mr. Stone, of
1 See Lloyd's Debates, vol. i. p. 501.
VOL. III. 3

34

LIFE AND TIMES OF MADISON.

Maryland ; Mr. Sylvester, of New York ; Mr. Sher
man and Mr. Huntington, of Connecticut; Mr.
Gerry, of Massachusetts ; and Mr. Liverraore, of
New Harapshire. On each side w^as earnest and
honest conviction, freedora frora party or sec
tional bias, anxiety for the truth alone, and a
deep sense of the iraportant consequences in
volved in the decision to be pronounced. After
a pafient and exhaustive discussion of the subject
in all its bearings, it was finaUy deterrained, by a
vote of thirty to eighteen, that the power of re
moval, in the case contemplated by the bill, be
longed, under the Constitution, to the President
alone.^

1 When this question first came
before the Senate, on the bill relat
ing to the departraent of foreign af
fairs, some of the members were_
absent; and the body, naturally
sensitive on a subject involving its
own powers, was equally divided
in opinion. The casting vote was
given by the Vice-President in fa
vor of the President's sole power of
removal. Subsequently, when the
same question was again presented
by the bill for the organization of
the war department, the Senate
decided, by a majority of two, in
favor of the President's power.
(See Pitkin's Hist. U.S., vol. n. p.
326.) But in the case of the treas
ury department, which was assert
ed by some not to be essentially or
exclusively an executive depart
ment, the clause recognizing the
President's power of removing the
secretary, was stricken out by a

vote ofthe Senate ; and that amend
ment became the subject of a pro
tracted disagreement between the
two Houses. (See Lloyd's De
bates, vol. II. pp. 126, 131, 143, 262,
263, and 267.) The Senate, how
ever, at last receded ; and the biU
was finaUy passed in the same form,
with regard to the President's pow
er of removal, as the bills relating
to the departments of foreigu af
fairs and of war. It is to be re
marked, hovvever, that while the
two latter bills, in their titles, are
styled "Acts to establish Execu
tive Departments, to be denomi
nated the Departments of Foreign
Affairs or of War,'' the title of the
former is simply, " An Act to estab
Ush the Treasury Department;"
leaving its proper designation to
the vagueness and diversity of in
dividual interpretation.

POWER OF REMOVAL. 35
This soleran legislative interpretation of the Con
stitution stood wholly unquestioned, through suc
cessive administrations of the government and
alternations of party ascendency, for a period of
forty years. But when, at the close of that period,
the installation of a new President was followed
not only by a change of the heads of departments,
as was natural and proper, but by a general dis
mission of subordinate officers ; and the doctrine
was openly proclairaed, that the public trusts of
the country, of every grade, are the rightful spoils
of a victorious party, — raany rainds were led to call
in question the decision pronounced by the Con
gress of 1789.' But nothing is raore unsafe than
to argue frora the abuse of a power against its
constitutionality. Not one of those who, in the
raeraorable debate of 1789, contended for the ex
istence of the Presidential power of removal from
office, ever dreamed of justifying an arbitrary and
irresponsible use of it. On the contrary, Mr.
Madison expressly declared, that " the wanton re
moval of meritorious officers would subject the
President to irapeachraent, and reraoval frora his
own high trust." ^
The alternative, in the estimation of the states
raen who pronounced the decision of 1789, lay
between the responsible power of the President,
subject to this constitutional check, and the vir
tual irresponsibility of the Senate, with the disad-
1 See Story's Commentaries, 2 Lloyd's Debates, vol. i. p. 503
vol. III. pp. 394-396.

36 LIFE AND TIMES OP MADISON.
vantage of weakening and embarrassing the public
administration ki cases often requking the utmost
promptitude of action, and at the cost of a per
manency of tenure in public trusts not easily recon
cUable with the genius of a republican system.
It was with a view to this official permanency that
Colonel Hamilton, who, in a number of the " Fed
eralist,"' expressed the opinion that "the consent
of the Senate woiJd be necessary to displace, as
well as to appoint," had advocated the doctrine of
the participation of the Senate with the President
in the -power of removal. The authority of his
opinion, expressed in a publication of so much
importance, contemporaneous with the adoption of
the Constitution, was invoked in the course of the
debate ; but it was outweighed by the conclusive
force of the reasons adduced in support of the
opposite construction. And even at this day, with
the melancholy evidence before our eyes of the
gross abuses of the Presidential power of removal,
which have sprung up and gro-wn into a system in
the latter and degenerate days of the Eepublic, it
seems impossible to impugn the solidity of the
reasoning on which the interpretation, pronounced
by the Congress of 1789, was founded.
After the passage of the biU for the establish
ment of the department of foreign aff'aks, the
bUls reported for the organization of the ti'easury
and war departraents were taken up, and also
passed. The principle of removabUity by the Pres-
1 FederaUst, No. 77.

THE TREASURY DEPARTMENT. 37
ident, with regard to the heads of the depart
ments, was incorporated into those bUls in the
same forra in which it had been asserted in the
bUl regulating the foreign department.
The organization of the treasury department,
from the peculiar nature of the business to be
transacted by it, was necessarUy more complex
than that of either of the other administrative de
partments ; and a system of intemal checks and
control, between the different officers employed in
it, was prescribed -with great care and rainuteness,
to guard the public treasure. It was raade the
duty of the secretary, as it had been of the super
intendent of finance under the confederation, to
digest and prepare plans for the management and
improvement of the revenue, and the support of
public credit; to prepare and report estimates of
the pubhc revenue and expenditures ; to superin
tend the coUection of the revenue ; to decide on
the forms of keeping and stating accounts ; and
to grant warrants for moneys to be issued from
the treasury in pursuance of appropriations by
law : but no such warrants were to be paid by the
treasurer, unless countersigned by the compti'oUer,
as authorized by law, and unless also recorded by
the register.
By a subsequent act of legislation, passed during
the same session of Congress, additional duties, re
lating to the domestic administration, were assigned
to the department of foreign aflfaks ; which was
thenceforward to be denominated the "Department

38 LIFE AND TIMES OF MADISON.
of State," and the principal officer at the head ofit,
" Secretary of State." '
As soon as these measures, introduced by Mr.
Madison for the administrative organization of the
government under the Constitution, were carried
through the requisite forms of legislation, he felt it
his duty earnestly to recall the attention of Congress
to the iraportance of obviating, by a wise exercise
of the power of araendraent, the honest doubts and
apprehensions existing araong a large number of
the people, with regard to the security of their
rights under the new systems. With this view,
he had, on the 8th day of June, introduced a series
of propositions, offering the desired guarantees, in
the shape of araendraents to the Constitution ; and
he prefaced his explanation of the proposed amend
ments at the time with an impressive statement of
the considerations which, in his judgment, rendered
the proceeding one of just and enlightened, as well
as liberal, policy.
"It appears to rae," he said, "that this House
is bound, by every raotive of prudence, not to let
thek first session pass over, without proposing to
the State legislatures sorae things to be incorpor
ated into the Constitution, that will render it as
acceptable to the whole people of the United States,
1 A proposition had been made to the secretary of foreign affairs,
to estabUsh a separate horae de- and to make him secretary of
partment, and was rejected. It State in general. See Lloyd's De-
was then determined to assign a bates, vol. ii. pp. 113-117, 121, and
portion of the duties, belonging 123 ; and Laws U. S. (Bioren and
properiy to a home department, Duane), vol. ii. p. 51.

CONSTITUTIONAL AMENDMENTS. 39
as it has been found to be to a majority of thera.
It will be deskable to extinguish frora the bosom
of every member of the community any apprehen
sions, that there are those among his countryraen
who wish to deprive thera of the liberty for which
they valiantly fought and freely bled. And if there
are araendraents desired of such a nature as will
not injure the Constitution, and they can be en
grafted so as to give satisfaction to the doubting
part of our fellow-citizens, the friends of the Fed
eral governraent, by yielding thera, wUl evince that
spirit of deference and concession for which they
have been hitherto distinguished.
" There are a great number of our constituents
dissatisfied with the Constitution, among whom are
many respectable for their talents and thek patriot
ism, and respectable for the jealousy they feel for
thek liberties, which, though mistaken in its object,
is laudable in its motive. There is a large body of
the people, falling under this description, who at
present feel rauch inclined to give their support to
the Federal governraent, if they were satisfied in
this one point. We ought not to disregard thek
inclinations ; but, on principles of amity and mod
eration, to conform to their wishes, and expressly
declare the great rights of mankind secured under
this Constitution."
The amendments proposed by Mr. Madison were,
therefore, mainly in the nature of a Declaration of
Eights, placing the freedom of speech, the freedom
of the press, freedom of rehgion, the security of

40 LIFE AND TIMES OF MADISON.
property, personal liberty, trial by jm-y, and, in
general, every right and power of the people not
delegated or surrendered, under the segis of the
Constitution, and, by an express interdiction, be
yond the reach of the government. Two other
provisions were superadded by hira, — one to secure
a fuller representation of the people in the outset
of the government, the other to restrain Congress
from voting themselves an increase of compensation
to take effect during the current terra of represen
tative service. These amendments, without impair
ing any of the essential powers of the Constitution,
would, he believed, have the happy eflfect of quiet
ing honest apprehensions for the public liberty, and
uniting the great body of the people in a cordial
sentiment of confidence and attachraent to the Con
stitution. Notwithstanding the persuasive character of these
considerations, there were not a few of the friends
of the Constitution, both in and out of Congress,
who were exceedingly indisposed to retouch it in
any of its linearaents, until tirae and experience had
deraonstrated the absolute necessity of a change.
Nothing short of the high standing of Mr. Madison
in the public councUs, and the deference accorded
to his opinions and his vktues, could have secured
a favorable reception for propositions so counter to
the prepossessions of the body to which they were
addressed. Against the protest and demurrer of
some of the leading merabers of the House, — Mr.
Sherman, Mr. Vining, Mr. Smith of South Carolina,

ADOPTION OF AMENDMENTS. 41
Mr. Jackson of Georgia, — the last of whom was
so energetic in his opposition as to declare, " Our
instabUity will make us objects of scom : not con
tent with two revolutions in less than fourteen
years, we must enter upon a third," — in despite
of all these adverse infiuences, the propositions of
Mr. Madison were received by the House, and re
ferred to the Coraraittee of the Whole on the State
of the Union.
After the lapse of sorae weeks, Mr. Madison, on
the 21st of July, moved to go into Committee of the
Whole, for the consideration of his propositions
according to the order of the 8th of June. His
motion was again met by a host of opponents. At
the close of an animated discussion, it was thought
best to refer the propositions of Mr. Madison, to
gether with the amendraents proposed by the sev
eral States, to a coramittee consisting of one meraber
for each State, with instructions to take the subject
of araendraents to the Constitution generaUy into
thek consideration, and to report thereon to the
House. The report of the coramittee, reproducing
the propositions of Mr. Madison almost literally in
the forra in which he submitted them, was, on the
13th of August, taken up for consideration in Com
mittee of the Whole ; and continued under discussion
from that day untU the 24th of August, when the
proposed amendraents were adopted by the requisite
majority of two-thkds of the House.'
1 In the progress of this discus- were submitted, and successively
sion, various other amendments rejected. Among them was a pro-

42

LIFE AJSTD TIMES OF MADISON.

They passed, with sorae modifications, through
the Senate by a like majority of that body, and
were submitted to the legislatures of the several
States for thek action, hi the forra of twelve ad
ditional articles to the Constitution. AU of these
articles, excepting only the last two, — relating to
the number of representatives, and the corapensation
of raerabers of Congress, — were proraptly ratified
by the legislatures of three-fourths of the States ;

position affirming the right of the
people " to instruct their represent
atives," which vvas offered by Mr.
Tucker, of South Carolina, as an
addition to the araendment of Mr.
Madison, interdicting any restraint
upon " the right of the people
peaceably to asserable and consult
for the common good, and to apply
to the legislature, by petition or
remonstrance, for redress of grie
vances." This proposition gave
rise to a lucid and able discussion
on the binding force of popular in
structions, which fumished a new
iUustration of the fnndamental dis
tinction, in the minds of American
statesmen of that epoch, between a
Republic and a democracy. " The
clause," said Mr. Stone, of Mary
land, " would change the government
entirely. Instead of being a gov-
ernraentfounded upon representation,
it would be a democracy of singular
properties.'' Mr. Madison remarked, " Sup
pose the people instruct their rep
resentative to violate the Constitu
tion, is he at liberty to obey such
instructions -? Suppose he is in
structed to patronize certain meas

ures, and from circumstances known
to him but not to his constituents,
he is convinced they will endanger
the public good, is he bound to sac
rifice his own judgment to them ?
Is he absolutely bound to perform
what he is instructed to do ¦? . . .
My idea of the sovereignty of the
people is, that they can change the
Constitution, if they please ; but,
while the Constitution e.xists, they
must conform themselves to its dic
tates. But I do not believe that
the inhabitants of any district can
speak the voice of the people. So
far from it, their ideas may contra
dict the sense of the whole people.
Hence the doctrine, that instruc
tions are binding on the representa
tive, is of a doubtful, if not of a
dangerous, nature."
Mr. Hartley, of Pennsylvania,
said, "When the passions of the
people were excited, instructions
have been resorted to and obtained
to answer party purposes ; and al
though the public opinion is gener
ally respectable, yet, at such mo
ments, it has been known to be
often wrong. Happy is that gov
ernment composed of men of firm-

EATIFICATION BY THE STATES.

43

and thenceforward became a part, and a most ira
portant part, of the Constitution of the country.
They stand there, a noble monuraent of the fidelity,
patriotism, influence, and moral and intellectual
power of the man by whose persevering exertions,
in the face of every possible discouragement, the
work was at last accomplished. Of the patience
and tact and judgment called for in the manage
ment of so delicate a business, some idea raay be
forraed frora the facts stated in the following extract

ness and wisdom to discover and
resist the popular error.'' To the
same effect spoke Mr. Huntington,
of Connecticut ; " In troublesome
times, designing men have drawn
the people to instruct the represen
tatives to their harm ; and the rep
resentatives have, on such occa
sions, refused to comply with their
instructions. I have known my
self that they have been disobeyed,
and yet the representative has not
been called to account for it. On
the contrary, he was caressed and
re-elected ; while those who have
obeyed them, contrary to their pri
vate sentiments, have ever after
been despised for it."
The proposition of Mr. Tucker
was rejected by the decisive vote
of forty-one to ten ; and that vote
may be considered as expressing
the deUberate sense of the republi
can statesmen of America of that
day. The lofty example of Ed
mund Burke, in resisting the frenzy
of his constituents for the Ameri
can war, with other kindred delu
sions ; iind the conduct of Mr. Mad
ison, whUe one of the delegates of

Virginia in the old Congress, in
declining to conform to the hasty
opinions expressed by the legisla
ture of the State, on the vital sub
ject of a general revenue for the
Confederacy (see vol. i. of this
work, pp. 412-418), — were then
considered raodels for a faithful and
manly representative. Even Mr.
Jefferson, who aftervvards gave the
sanction of his opinion to the bind
ing force of instructions, did not
hesitate in 1789 to advise his friend
General Lafayette " to burn his
instructions [of the noblesse of
Auvergne], and follow his con
science, as the only sure clew which
will eternally guide a raan clear of
all doubts and inconsistencies."
( See his letter to General Washing
ton, of the 10th of May, 1789. ) This
question has been ably and thor
oughly discussed upon the general
principles of representative govern
ment, and resolved in conforraity
to the foregoing ideas, by a writer
of the most liberal school of whig
poUtics in England, Lord Brough
am, in his " Political Philosophy,"
vol. III. pp. 33-37, and 83.

44 LIFE AND TIMES OF MADISON.
of a letter written by Mr. Madison, on the 21st of
August, 1789, in the very midst of the discussion
of his propositions, to Mr. Edraund Eandolph of
Vkginia : —
" For a week past, the subject of amendments
of the Constitution has exclusively occupied the
House of Eepresentatives. Its progress has been
exceedingly wearisome, not only on account of the
diversity of opinions that was to be apprehended,
but of the apparent views of some to defeat, by de
laying, a plan short of thek wishes, but likely to
satisfy a great part of thek companions in opposi
tion throughout the Union. It has been absolutely
necessary, in order to eflfect any thing, to abbreviate
debate, and exclude every proposition of a doubtful
and unimportant nature. Had it been ray wish to
have coraprehended every araendment recoraraended
by Virginia, I should have acted, from prudence,
the very part to which I have been led by choice.
Two or three contentious additions would even now
frustrate the whole project."
That the amendments thus obtained tended
greatly to strengthen the Constitution in the con
fidence and affections of the people, and fumished
most important safeguards against the abuse or
usurpation of power, none wiU deny. That they
exerted a potent influence in remo-ving the jeal
ousies and objections of the two States which had
hitherto stood aloof from the Constitution, and in
bringing thera back into the ckcle of the Union, is
established by abundant conteraporary testiraony.

LETTER OF GENERAL DAVIE. 45
Among the papers of Mr. Madison, we find a letter
addressed to him by General Da-vie, of North Caro
lina, on the 10th of June, 1789, which shows with
what solicitude the eyes of the people of that
State were directed to the pending deliberations of
Congress. "It has," he says, " been the uniform cant of the
eneraies of the governraent, that Congress would
exert all their influence to prevent the calling of a
convention, and would never propose an araend
ment themselves, or consent to an alteration that
would in any raanner diminish thek powers. The
people, whose fears had been already alarraed, have
received this opinion as just, and become confirmed
in their opposition. Your notification, however,
of the 4th of May [of an intention to bring for
ward amendraents] has diffused almost universal
pleasure. We hold it up as a refutation of the
gloomy prophecies of the leaders of the opposition ;
and the honest part of our anti-Federalists have
publicly expressed great satisfaction on this event.
Our convention meets again in Noveraber, with
powers to adopt the Constitution, and any amend
ments that may be proposed. This renders it ex
tremely important that the araendraents, if any,
should be prepared before that tirae."
When the convention of North Carolina re
assembled in Noveraber, the amendments to the
Constitution proposed by Mr. Madison had been
passed, as we have seen, by two-thirds of both
Houses of Congress, and submitted to the States.

46 LIFE AND TIMES OF MADISON.
The ratification of the Constitution by North Caro
lina promptly took place, and her example was
soon followed by Ehode Island.
While the House of Eepresentatives, under the
lead of Mr. Madison, was engaged in perfecting
the various important measures to whicli we have
referred, the Senate turned its attention to the or
ganization of the judicial department. On the first
day after the formation of a quorum of that body,
they appointed a committee, of which Mr. Ells
worth, one of the Senators of Connecticut, was
chairraan, to bring in a bill "for the organization
of the Judiciary of the United States." The bill
was reported on the 12th of June, 1789, and, being
taken up for consideration by the Senate on the
22d of that month, was, after a continuous discus
sion from day to day for three weeks, recoraraitted
on the 13th of July. When the bill was first re
ported, Mr. Madison sent a copy of it to his friend
Judge Pendleton, of Virginia, inviting his observa
tions upon it. The following extract of a letter
frora hira to that able and enlightened magistrate,
written on the 15 th of July, intimated that the
bUl, as originally reported, was not without many
blemishes : —
" I ara particularly obliged by your favor of the
3d instant, which incloses your reraarks on the Ju
diciary BUl. It carae to hand yesterday only, and
I have not the tirae to corapare your suggestions
with the plan of the Senate, nor do I know the
alterations which raay have taken place in it-

THE FEDERAL JUDICIARY. 47
since it has been under discussion. In raany
points, even supposing the outline a good one,
which I have always viewed as controvertible,
defects and inaccuracies were striking."
Three days after the recomraitment mentioned
above, the bill again came before the Senate, —
with what alterations does not appear, — and passed
that body by a vote of fourteen to six. It was
taken up in the House of Eepresentatives on the
24th of August, and was discussed there, at inter
vals, from that day to the 17th of September. It
provided for the establishment of a Supreme Court,
to consist of a chief-justice and five associate
justices ; of district courts, one for each State, to
consist of a single judge appointed for the district ;
and of circuit courts, consisting of two justices of
the Suprerae Court and the judge of the district, —
to be held successively in each State, according to
an arrangeraent forraed by throwing the different
States into three circuits. The jurisdiction, both
original and appellate, of these several grades of
courts, was marked out with precision ; their legal
processes and forms of procedure were prescribed ;
and the appellate power of the Suprerae Court was
expressly extended to the highest State courts in aU
cases involving the construction of the Constitution,
treaties, or laws of the United States, or the valid
ity of rights clairaed under thera. Provision was
also raade in the bill for the appointment of an
attorney-general of the United States, whose duty
it should be to prosecute and- conduct aU suits in

48 LIFE AND TIMES OF MADISON.
the Supreme Court in which the United States
shall be concerned, and to give his advice and
opinion upon questions of law arising in the
course of the public administration, whenever re
quired by the President, or requested by any of the
heads of departments.
Mr. Madison gave his earnest and anxious atten
tion to this measure, when it carae before the
House of Eepresentatives. " A judicial system,"
he said, in entering upon the discussion, " was
necessary to accomplish the objects of the govern
ment, and ought to be commensurate with the
other branches of the governraent." On a sub
sequent day he remarked, " When we consider the
duties that will devolve upon these courts, they
strike the raind as being of the greatest raagnitude.
They are the guardians of the laws and of the Con
stitution of the United States, and, I trust, of the
individual States also." ' His guiding principle,
therefore, was so to organize thera as to maintain
their constitutional character and efficiency ; and at
the same tirae to ob-viate jealousies and fears of
thek encroachments, so far as could be done with
out derogating frora their necessary functions under
the Constitution.^
He resisted a raotion to strike out the provision
for district courts, and substitute for them the State
com-ts invested with Federal jurisdiction ; maintain
ing that the State courts could not be made Fed
eral courts without a violation of the fundamental
1 See Lloyd's Debates, pp. 802 and 421. 2 idem, p. 311.

THB FEDERAL JUDICIARY. 49
principles of the Constitution.' It is a notable
ckcumstauce attending this discussion, that the
constitutional authority of the Suprerae Court of
the Union, to revise the decisions of the State
courts in all cases arising under the Constitution
and laws of the United States, was distinctly ad
mitted by the supporters of the motion in question,
and was not, indeed, controverted by any one.
The motion, however, was negatived by a large
majority; eleven only voting for it, and thkty-one
against it.
There were amendments which Mr. Madison
would gladly have seen made to the bUl. But
the near approach of the period fixed for the ter
mination of the session, and the growing impatience
of the House, rendered thera hopeless. The meas
ure was passed by the House on the 17th day of
September, very nearly in the form in which it
carae frora the Senate. Three days before, — on
the 14th of Septeraber, — Mr. Madison wrote to
Judge Pendleton : "I was favored on Saturday
with yours of the 2d instant. The Judiciary BiU
is now under consideration. I view it, as you do,
as defective both in its general structure and raany
of its particular regrdations. The attachraent of
the Eastern members, the difficulty of substituting
another plan with the consent of those who agree
in disliking the bill, the defect of time, &c., wUl,
1 A contrary opinion had been ison were afterwards fnUy sustained
expressed by Colonel Hamilton, in by the decisions, both of the Su-
the SlstNo. ofthe "Federalist;" but preme Court U.S., and of the State
the more mature views of Mr. Mad- courts.
VOL. III. 4

50 LUFE AND TIMES OF MADISON.
however, prevent any radical alteration. The most
I hope for is, that some offensive violations of
Southern jurisprudence may be corrrected, and
that the systera may speedily undergo a reconsid
eration, under the auspices of the judges, who
alone wUl be able, perhaps, to set it to rights."
Among the subjects which occupied the atten
tion of Congress during the remainder of its ses
sion, was one that gave a high degree of interest to
its closing scenes, — the important and exciting
question of the permanent seat of government.
New York was too far removed from a position of
centrality, with reference to the Confederacy gen
erally, — not to speak of other objections to it, —
to be longer acquiesced in as the political metrop
olis of the Union. The Middle and the Southern
States felt theraselves deeply aggrieved by a selec
tion marked with such raanifest features of in
equality, and subjecting some of thera to such
serious inconveniences in the necessary intercourse
of business and public duty with the governraent.
On the 27th of August, 1789, Mr. Scott, one of the
representatives of Pennsylvania, in pursuance of
previous notice, brought before the House a reso
lution, declaring " that a perraanent residence ought
to be fixed for the general governraent of the
United States, at sorae convenient place, as near
the centre of wealth, population, and extent of
territory, as raay be consistent with convenience to
the navigation of the Atlantic Ocean, and having
due regard to the particular situation of the W-est-
em country."

THE SEAT OF GOVERNMENT. 51
The consideration of the resolution was warraly
opposed by the representatives of the New-England
States, — Mr. Sherraan, Mr. Liverraore, Mr. Ames,
and Mr. Sedgwick, — all of whom joined in urging
its postponement to the next session of Congress.
Their motion, however, was overruled; and the
House made the resolution the order of the day
for the 3d of September. On that day, Mr. Good
hue, of Massachusetts, rose and announced, in the
name and by the authority of the Eastern mera
bers and those of New York, that they had agreed
upon the eastern bank of the Susquehanna as the
perraanent residence of the governraent ; and that,
until suitable buildings were erected there, the
seat of governraent ought to reraain at New York ;
and he offered a resolution to that effect, as a sub
stitute for the resolution of Mr. Scott, which, he
said, was too indefinite for legislative action.
This extraordinary announceraent was considered
as an open bid to purchase the continuance, for a
yet longer period, of the governraent at New York,
by the offer, on that condition, of the perraanent
seat to Pennsylvania. So unusual a proceeding
naturally excited the indignation and stimulated the
resistance of the Southern raerabers. The general
declaration of principles contained in Mr. Scott's
resolution being adopted, — for the delegation of
Pennsylvania was too far committed to that to with
draw their support, — and the question being on
the adoption of Mr. Goodhue's proposition as an
addition to it, Mr. Madison rose and said, —

52 LIFE AND TEVIES OF MADISON.
" The gentleman who brought forward this mo
tion was candid enough to tell us, that measures
have been preconcerted out of doors, and that the
point was determined ; that raore than half the ter
ritory of the United States, and nearly half of its
inhabitants, have been disposed of, not only without
thek consent, but without their knowledge. After
this, I hope the gentleraan wiU extend his candor
so rauch farther, as to show that the general princi
ples estabhshed are applicable to this determination.
... I hope — as it has been declared that the seat
of governraent ought to be at or near the centre of
wealth, population, and extent of territory — that
gentleraen wiU show that the perraanent seat pro
posed by thera is near the pei-raanent centre of
wealth, population, and territory, and the temporary
seat is near the temporary centre. I think we may,
with good reason, call upon thera for an explana
tion on these points, in order that we raay know
the ground on which the great question is decided,
and be able to assign to our constituents satisfactory
reasons for what some of them may consider a sac
rifice of thek interest, and be instruraental in recon
cUing them, as far as possible, to their destiny."
This spirited and indignant caU led to a labored
attempt on the part of the representatives of New
England and New York, in conjunction with some
of the representatives of Permsylvania, — who were
now won over to the support of Mr. Goodhue's
proposition, — to show that the eastem bank of
the Susquehanna was, on national principles, the

THE SEAT OF GOVERNMENT. 53
proper location for the perraanent seat of govern
raent. In the course of this atterapt, stateraents
were made, the accuracy of which required to be
tested by investigation, and which the friends of a
different site desired to confront by a careful com
parison of facts drawn from authentic sources ; for
which purpose a motion was raade, near the usual
hour of adjournraent, that the coramittee rise, and
resume the discussion on the following day. This
indulgence, a matter of course in the ordinary cour
tesy of parliamentary proceedings, was veheraently
opposed and harshly denied by the advocates of Mr.
Goodhue's proposition ; and the opponents of it,
thus prematurely forced into discussion, were list
ened to with impatience and interrupted by vexa
tious calls to order.
When the spirit of Southern merabers was raoved
to raanly resentraent by scenes such as these, Mr.
Lawrance, of New York, thought to allay thera by
citing, with apparent triumph, a reraark of Mr.
Madison, raade in the early part of the session,
during the debate on the Tonnage Bill, — that, if the
spirit of moderation and rautual concUiation which
was displayed on that occasion could have been
foreseen in the convention of Virginia, raany of the
objections there produced against the Constitution
would have been ob"viated. On this aUusion being
raade, Mr. Madison instantly arose, and replied in
these memorable words : —
" I acknowledge that, on a former day, I made
the observation alluded to with singular compla-

54 LIFE AND TIMES OF MADISON.
cency. I said I had found a moderation and liber
ality prevailing here, which, I sincerely believed,
if foreseen in the convention of Virginia, would
have obviated a very powerful objection to the
adoption of the Federal Constitution. But give
rae leave now to say, that, if a prophet had risen
in that body, and brought the declarations and
proceedings of this day into their view, I as firmly
believe Vkginia raight not have been a part of the
Union at this raoraent."
So dignified and irapressive a rebuke, proceeding
frora the leading and steady charapion of the Con
stitution, seeraed to recall merabers at once to a
sense of what they owed to one another, as well as
to a comraon country. After a few brief remarks
on the one side and the other, the question was
again put on the rismg of the coramittee, and car
ried in the affirraative.
On the following day, Mr. Madison entered at
large into a discussion of the question before the
House in Coramittee of the Whole ; and delivered
a raost able, luminous, and persuasive speech, hap
pily introduced with sorae observations of a general
nature, conceived in a spirit of wisdora, and pro
found knowledge of the genius of the political sys
tem just adopted, which, if properly heeded, would
render that system imraortal.
" If," said he, " this delay should not have pro
duced any alteration in the opinions of gentleraen,
it wUl, at least, soften that hard decision which
seeras to threaten the friends of the Potoraac. He

THE SEAT OF GOVERNMENT. 55
hoped that aU woiUd concur in the great principle
on which they ought to conduct and decide this
business, — an equal attention to the i-ights of every
part of the community. No govei-nraent, not even
the most despotic, could, beyond a certain point,
"violate that idea of justice and equal right which
prevaUed in the mind of the community. In re-
publican govemment, justice and equaht}' fonn the
basis of the system ; and perhaps the structure
can rest on no other that the -wisdom of man can
devise. In a Federal Republic, give me leave to
say, it is even more necessar}' and proper that a
sacred regard should be paid to these considera
tions. The Federal ingredient involves local dis
tinctions, which not only produces local jealousies,
but gives, at the same time, a greater local capa
city to support and insist on equitable demands."
He then proceeded to compare the rival preten
sions of the Susquehanna and the Potomac for the
seat of the general govemment, and demonstrated
by an kresistible array of facts, with reference to
the principles declared in the resolution adopted
by the House, that the latter was nearer to the
actual centre of territory ; would be nearer the
future centi-e of population; was more convenient
for communication with the ocean; and, at the
same time, far better consulted the interests and
convenience of the westei-n country. But aU this
was in vain to outweigh a foregone conclusion.
The motion to insert the Potomac in lieu of the
Susquehanna, in ISIr. Goodhue's proposition, was

56 LIFE AND TIMES OF MADISON.
rejected by a vote of twenty-nine to twenty-one ;
and a proposition then made by Mr. Madison to
add after " Susquehanna " the words, " or Poto
raac," so that both situations might be examined
and deliberately compared, met a similar fate. At
length, on the 7th day of September, the resolu
tions in favor of the eastem bank of the Susque
hanna as the permanent, and of the city of New
York as the teraporary, seat of government, were
passed by the House ; and a comraittee of three —
Mr. Ames, Mr. Lawrance, and Mr. Clymer — ap
pointed to prepare and bring in a biU in pursu
ance of the resolutions.
It was in this stage of the proceeding, and before
the bill was reported, that Mr. Madison, on the
14th of September, wrote to his friend Judge Pen
dleton, and gave him its secret history. " A very
important question," he wrote, " is depending on
the subject of a permanent seat for the Federal
government. Early in the session, secret negotia
tions were set on foot among the Northern States,
from Pennsylvania inclusively. The parties finally
disagreeing in their arrangements, both made ad
vances to the Southem members. On the side of
New England and New York, we were led to
expect the Susquehanna within a reasonable time,
if we would sit still in New York ; Otherwise we
were threatened with Trenton. These terms were
inadmissible to the friends of the Potomac. On
the side of Pennsylvania, which was full of distrust
and animosity against New England and New

THE SEAT OF GOVERNMENT. 57
York, the Potoraac was presented as the reward
for the advantages of the temporary seat, if given
to her by the Southei-n States. Some progress was
made on this ground, and the prospect became
flattering, when a re-union was produced araong
the original parties by chcurastances which it would
be tedious to explain. The Susquehanna has, in
consequence, been voted. The bill is not yet
brought in; and raany things may happen. We
shall parry any decision, if we can, though I see
little hope of attaining our own object ; the Eastern
States being inflexibly opposed to the Potomac, and
for reasons that are raore likely to grow stronger
than weaker."
On the day following the date of this letter, the
bill was brought in, and on the 17th of September
was taken up for consideration. Mr. Madison — op
posed to it, as he was, frora the deepest convictions
of its injustice to the South and the West, and of
its irapolicy in regard to the harraony and true in
terests of the Confederacy — corabated it, in evei-y
step of its progress, both in principle and detail, ex
hibiting the address and resources of a consuraraate
parliaraentary tactician, in addition to the profound
abilities of the statesman. His efforts to arrest its
passage by the House, as he foresaw, proved una
vailing ; and on the 22d of September it was sent up
to the Senate. On the next day he wrote to Judge
Pendleton : " The bUl establishing the perraanent
seat of government has passed the House of Eepre
sentatives in favor of the Susquehanna. Some of

58 LIFE AND TIMES OF MADISON.
the Southern members despaired so much of ever
getting any thing better, that they fell into the ma
jority. Even sorae of the Vkginians leaned that
way. My own judgment was opposed to any com
promise, on the supposition that we had nothing
worse to fear than the Susquehanna, and could
get that at any time, either by uniting with, the
Eastern States or Pennsylvania. The bill, how
ever, is by no means sure of passing the Senate
in its present forra. It is even possible that it
may fall altogether, directly or indirectly. In
case of an indkect mode, sorae other place will
be substituted, as Trenton or Gerraantown ; neither
of which can, I conceive, be effectively estab
Ushed." The event turned out as Mr. Madison conjec
tured. In the Senate, the bUl was araended by
substituting Gerraantown — a village adjoining the
northern limits of Philadelphia — in the place of
the eastern bank of the Susquehanna. This was
effected by the manageraent of one of the senators
of Pennsylvania, Mr. Eobert Morris, who, in a con
fidential letter written at the tirae frora New York,
says, " It has constantly been ray view to bring
the ramblers back to the Delaware. ... I have
been the prime mover in this affair, and shall con
tinue so, untU it is decided one way or the other.
Madison, Grayson, & Company are very warm, but
that I do not mind : they will cool again. I have
worked in concert with the New-Yorkers ; and we
are to remain here until the buUdings are erected,

THE SEAT OF GOVERNMENT. 59
which wUl, under aU circurastances, requke three
years." '
The best laid plans, however, are often doomed
to disappointraent ; and Mr. Madison, over whora
this veteran politician anticipated so certain a tri
umph, was at last the instrument of bringing to
nought all these schemes of double and triple
negotiations. When the bill, as amended by the
Senate, came back to the House, instead of the
siraple concurrence in the araendraent which was
hoped for, Mr. Madison succeeded in engrafting
upon it an additional araendraent, which caused its
return to the Senate ; where, on the last day but
one of the session, the further consideration of the
subject was, to the great chagrin of Mr. Morris,
postponed, and the bill consequently lost. Con
gress adjourned, to meet in New York again on
the first Monday in January. They had adopted
measures, as we have seen, of the highest im
portance for inaugurating the operations of the
new governraent in its various departments ; but
they had had under their consideration none, per
haps, which stirred to a greater depth the feelings
of raerabers, or excited a livelier interest in raany
parts of the Confederacy, than that which, for the
present, was left undecided.
Mr. Madison, knowing the deep interest felt by
the President in the prospects of its ultiraate ad
justraent, wrote to hira on the 20th of November,
1 See Letter in Life and Correspondence of Gouverneur Morris, vol. iii.
pp. 5, 6.

60 LIFE AND TIMES OF MADISON.
1789, from Philadelphia, while on his return to Vk
ginia, and gave him the following account of a con
versation he had there with Mr. Morris : —
" A day or two after I got to PhUadelphia, I feU
in with Mr. Morris. He broke the subject of the
residence of Congress, and made observations which
betrayed his dislike of the upshot of the business
at New York, and his desire to keep alive the
project of a Southern arrangement with Pennsyl
vania. I rerainded hira of the conduct of his State,
and intiraated that the question would probably
sleep for some time in consequence of it. His
answer iraplied that Congress raust not continue
at New York ; and that if he should be freed from
his engageraents with the Eastern States by thek
refusal to take up the bUl and pass it, as it went to
the Senate he should renounce all confidence in
that quarter, and speak seriously to the Southern
States. I told hira they raust be spoken to very
seriously, after what had passed, if Pennsylvania
expected them to listen to her ; that, indeed, there
was probably an end to further intercourse on the
subject. . . .
" I do not think it difficult to augur, from this
conversation, the views which will govern Pennsyl
vania at the next session. Conversations held by
Grayson, both with Morris and others in PhUadel
phia, and left by him in a letter to me, coincide
with what I have stated. An atterapt -wUl first be
made to alarm New York and the Eastern States
into the plan postponed, by holduig out the Poto-

THE SEAT OF GOVERNMENT. 61
mac and Philadelphia as the alternative ; and, if the
atterapt should not succeed, the alternative wUl
then be held out to the Southern merabers. On
the other hand. New York and the Eastern States
will enforce the policy of delay, by threatening the
Southern States, as heretofore, "with Gerraantown
or Trenton, or at least the Susquehanna ; and wiU
no doubt carry thek threat into execution, if they
can, rather than suffer an arrangement to take
place between Pennsylvania and the Southern
States." How accurately Mr. Madison foreshadowed the
future policy of Mr. Morris and his colleagues, we
shaU hereafter see. But the refinement of policy
by which this question was, in the end, connected
with and raade subser-vient to the interested solu
tion of another great problem of disputed legisla
tion, no power of divination could then foreteU.

CHAPTEE XXXIX.
Extraordinary Labors of Mr. Madison during Late Session of Congress —
PecuUar Confidence reposed in him by the President — Striking In
stance of it — Frequently consulted by the President with regard to
Business of the Executive Department — Forraation of Cabinet —
Hamilton and Knox respectively assigned to the Treasury and War
Departments — Edraund Randolph, Attorney-General — Mr. Jefferson,
though absent from the Country, and his Wishes unknown, Nominated
to the Office of Secretary of State — Coraraunications with him through
Mr. Madison — His Final Acceptance — Congress re-assembles in
January, 1790 — Report of Secretary of Treasury for Support of Public
Credit submitted — Outline of the Report, and of the Funding System,
of the Secretary — Eager and Unconscionable Speculations in Evi
dences of the Public Debt - — ¦ Resolutions brought forward to carry
Recommendations of the Secretary into Effect — Debate' upon them
— Mr. Madison proposes, in Cases vvhere the Certificates of Debt have
been bought up by Speculators at a Great Discount, to divide the Full
Payment, to be raade out of the Treasury, in Fair Proportions between
the Original Holder and the Purchaser — His Speech in support ofthe
Proposition — AssaUed by a Phalanx of Opponents — His Vigorous
and Eloquent Reply — Interests of the Speculators prevail, and the
Proposition rejected by a Large Majority — His Undirainished Confi
dence in its Justice calraly and proudly expressed in a Letter to Dr.
Rush — Its Principles afterwards sanctioned liy Congress and. approved
by the President, against Earnest Protest of Secretary ofthe Treasury,
in the Case of the North-CaroUna and Virginia Troops.
Never had Mr. Madison, in the various scenes
of unremitted public activity in which the last
fourteen years of his life had been spent, been

CONFIDENCE OF WASHINGTON. 63
more laboriously and incessantly occupied than
during the session, just closed, of the first Con
gress asserabled under the Constitution. Every
thing was to be created anew ; and upon hira as,
by the confession of his adversaries,' the " first
nian " among the representatives of the nation,
raainly devolved the task of originating, prepar
ing, and defending the measures necessary for
organizing and launching the new governraent.
In a letter to one of his friends,^ apologizing for
the infrequency of his correspondence, he says,
" I never had less tirae that I could truly call ray
own ; " and to another^ he says, "The business of
Congress goes on still very slowly. We are in a
wUderness, without a single footstep to guide us.
It is consequently necessary to explore the way
with great labor and caution. Those who may
follow will have an easier task."
In addition to the demands of his legislative
duties, he was often consulted by the chief magis
trate of the Union with regard to matters falling
within the province of the executive departraent.
The rautual confidence of Washington and Madison
was of a rare and peculiar kind. It was absolute
and without reserve, — more like the relation of
brothers than of friends, — founded upon an inti
mate knowledge of the single-minded purity of each
other's purposes, and cemented by congeniality of
1 See Life and Works of Fisher ^ Edmund Randolph, 31st May,
Ames, vol. i. p. 36. 1789.
3 Mr. Jefferson, 5th July, 1789.

64 LIFE AND TIMES OF MADISON.
personal character, as well as union of opmion on
public questions. Washington not unfrequently
sought the ad-vice of others, as well as of Madison,
and always received their suggestions with defer
ence and respect. But Madison he trusted Avith an
absolute and unbounded trust, throwing aside every
restraint of cereraony or reserve, and unbosoming
to hira his inraost feelings.
A reraarkable proof of this fraternal confidence
survives in a note addressed by hira to Mr. Madi
son, asking his assistance in preparing an answer to
the addresses of the two Houses of Congress on the
occasion of his inauguration as President. Although
Washington, without the advantages of a finished
education, had succeeded, by his own good sense
and taste, in forraing a style of uncoraraon clear
ness, propriety, and force, yet, frora the want of
early initiation in the arts of coraposition, and from
the raodesty of his nature, he was prone to distrust
himself in the literary execution of official papers.
He therefore sought the assistance of Mr. Madi
son in the preparation of his inaugural speech.
The address of the House of Eepresentatives in
response to the speech, we have already seen, was
drawn by Mr. Madison ; and he was also, by a
singular coincidence, called on to prepare the Pres
ident's answer to that address. The request was
conveyed in these words : — "Mat the 5th, 1789.
" My DEAR Sir, — Not-ndthstanding the conviction I am
under, of the labor which is imposed on you by individ-

CONEIDENCE OF WASHINGTON. 65
uals, as -well as public bodies, yet, as you have begun so,
I would wish you to finish the good work in a short reply
to the address of the House of Representatives (which
I now inclose), that there may be an accordance in the
business. As the first of every thing in our situation
will serve to establish a precedent, it is devoutly wished,
on my part, that these precedents may be fixed on true
principles. " With affectionate regard, I am ever yours,
" George Wasmngton."
A simUar request was made, a few days after
wards, with respect to the preparation of the Presi
dent's answer to the address of the Senate ; and in
both instances the request was zealously complied
with. The published correspondence of Washmgton
shows how frequently he called on Mr. Madison, in
the comraencement of the government, for his ad
vice and opinions respecting the line of conduct
proper to be pursued by him in various questions
of delicacy connected with his public position and
duties.^ In all these consultations, a frank and un
limited confidence on the one side, was met by a
cordial, sincere, and disinterested attachment on
the other. In the choice of his official ad-visers,
there can be no doubt that the attention of Wash
ington would have been first dkected to Madison,
if the representative station which the latter then
filled had not placed hira, under the provisions of
the Constitution, beyond the pale of executive
1 See Letters of Washington to 9th and 10th of August, 1789, &c.,
Madison, of llth and 12th of May, in vol. x. of Sparks's Washington.
VOL. III. 5

66 LIFE AND TIMES OF MADISON.
selection.^ As it was, the President freely con
sulted with hira, from tirae to tirae, with regard to
the forraation of his cabinet ; and the fia-st intima
tion of his views on that subject is found in a letter
frora Mr. Madison to Mr. Jeflferson, written on the
27th day of May, 1789.
" It is already agreed, in the forra of resolutions,"
said Mr. Madison in this letter, " that there shall be
three departments, — one for finance, another for
foreign aff'airs, and the thkd for war. The last wiU
be continued in the hands of General Knox. The
second wUl reraain with Mr. Jay, if he chooses to
keep it. The first is also to be under one head,
though to be branched out in such a way as to
check the adrainistration. Chancellor Li-vingston
wishes this departraent, but wUl not succeed. It
will be given, I think, to Jay or Harailton. The
latter is, perhaps, best qualified for that species of
business, and on that account would be preferred
by those who know hira personaUy. The former
is more known by character throughout the United
States. I have been asked whether any appoint
ment at home would be agreeable to you. 'Being
unacquainted with your mind, I have not ventured
on an answer."

1 The Constitution declares that whereof shall have been increased,
" no Senator ' or Representative during such time." AU the cabi-
shall, during the time for which he net offices having been created by
was elected, be appointed to any the first Congress, no member of
civil offioe under the authority of either House could, therefore, be
the United States, which shall have appointed to them during the term
been created, or the emoluments of that Congress.

EXECUTIVE APPOINTMENTS. 67
The next step in the President's deliberations
on this iraportant raatter is marked by a letter from
him to Mr. Madison, dated the 9th of August,
1789, in which he says: —
" I have had some conversation with Mr. Jay respect
ing his views to office, which I will communicate to you
at our first interview ; and this, if perfectly convenient
and agreeable to you, may be this afternoon, as I shall
be at home, and expect no company.
" I am yours affectionately, G. W."
It appearing, from the conversation with Mr. Jay
here referred to, that he had turned his views to
a situation in the judiciary department of the
government, the President was relieved frora any
farther erabarrassraent with ' regard to the office
of foreign aflfairs ; " and also that of the treasury,
to which Mr. Jay was supposed to have sorae
aspirations. Colonel Hamilton, whose qualifica
tions for the latter office had already attracted the
favorable notice of the President, and to whom
the appointment was known to be particularly
agreeable,^ was, on the eleventh day of Septem
ber, norainated to the Senate as secretary of the
treasury, and, on the sarae day. General Knox as
secretary of war. On the 24th of September, Mr.
Jay was nominated as chief-justice of the Supreme
Court of the United States, together with John
Eutledge of South Carolina, James Wilson of
1 The son and biographer of Col. attracted the eye of Hamilton." —
Hamilton says, " This station had Hist. Am. Rep., vol. iv. pp. 30, 31.

68 ¦ LIFE AND TIMES OF MADISON.
Pennsylvania, WUliam Cushing of Massachusetts,
Eobert H. Harrison of Maryland, and John Blak
of Vkginia, -as associate judges.
Although no answer had yet been received from
Mr. Jefferson to the inquiry which Mr. Madison
was requested to raake of hira in regard to his
acceptance of an appointraent at home, the Presi
dent, deeply irapressed with his erainent fitness for
the department of foreign affairs, and anxious to
secure the benefit of his talents and of the public
consideration he enjoyed in the outset of the gov
ernment, determined to nominate hira at once for
the office of secretary of State, which was done
on the 26th of Septeraber ; and his nomination,
with that of Edmund Eandolph of Virginia, as
attorney-general of the United States, sent up to
the Senate at the same tirae, was imraediately
confirmed. Mr. Jefferson had, in November, 1788, applied
for leave of absence from his post at Paris, for five
or six months, in order to enable him to attend
to sorae necessary arrangements of his affaks at
home, and to bring his daughters, now grovrn up
to womanhood, back to their friends and country.
This leave was granted in the sumraer of 1789 ;
and on the 26th of Septeraber he set out from
Paris, with the full expectation and" intention of
returning there the following spring. He landed
at Norfolk on the 23d of Noveraber; and, while
on his way to MonticeUo, received the letter of the
President, couched in the most cordial and flatter-

WISHES OF MR. JEFFERSON. 69
ing terms, inforraing him of his appointment and
inclosing his comraission as secretary of State. Be
fore leaving Paris, he had written to ,Mr. Madison,
on the 28th of August, expressing, in answer to
the inquiry raade of him, a strong disinclination
to any other office than that which he then held,
and his earnest wish, when he quitted that, to
retire altogether from public employment.
It was, therefore, " with real regret," notwith
standing his just sensibility to the good opinion
and personal wishes of the President, that he re
ceived information of his appointment to the office
of secretary of State. " My wish," he said, in the
brief autobiographical meraok written by hira to
wards the close of his life, " had been to retum
to Paris, where I had left ray household establish
raent as if there myself, and to see the end of the
Eevolution which, I thought, would be certainly
and happily closed m less than a year. I then
meant to return horae, to withdraw from political
life, and to devote myself to studies more conge
nial to ray raind." ^ In his answer to the Presi
dent, he expressed a decided preference for the
post he held abroad, frora the consideration of his
greater faraUiarity with its duties and the hope
of greater usefulness iu it to the counti-y ; pro-
¦vided, however, the option allowed hira between it
and the appointment at home should be a matter
of indifference to the President. At the same time,
he submitted his own inclinations on the subject,
1 See Jefferson's Writings, vol. i. p. 87.

70 LIFE AND TIMES OF MADISON.
in the most respectful raanner, to the ultimate wish
and final judgment of the President, as to what
would be b§st for the interests of the public
service. Mr. Madison, whUe in Virginia during the re
cess of Congress, visited Mr. Jefferson at Monti
cello, and, by correcting sorae misapprehensions
with regard to the nature and araount of the do
raestic business assigned to the State department,
somewhat modified his repugnance to the accept
ance of that appointment. A few days after this
visit, Mr. Madison wrote to the President, " After
all, if the whole business can be executed by any
one raan, Mr. Jefferson raust be equal to it ; if not,
he will be relieved by a necessary division of it.
All whora I have heard speak on the subject are
reraarkably solicitous for his acceptance ; and I
fiatter rayself that they will not, in the final event,
be disappointed."
The President, in replying to the letter of Mr.
Jefferson, abstained with great delicacy frora put
ting any constraint upon his free and unbiassed
choice between the offices in question : but ex
pressing at the same tirae his opinion of the high
importance of the office of secretary of State to
any scheme of successful administration of the
governraent ; repeating the explanations Mr. Madi
son had given as to the character and extent of
the doraestic business annexed to it ; and referring
to the manifestations of " the very extensive and
great satisfaction" which the news of Mr. Jeffer-

REPORT OF SECRETARY OF TREASURY. 71
son's appointraent to the office had given to the
public, — it was not difficult to see on which side
were the personal wishes and deliberate judgment
of the President. Mr. Jefferson, therefore, no longer
hesitated; and he raade up his mind, at whatever
sacrifice of his inclinations, to accept the appoint
ment so honorably tendered to him.
Mr. Madison, as we learn from a letter addi-essed
by hira to the President, was detained in Virginia,
by the dangerous Ulness of his raother, eight or ten
days beyond the period allotted for his return to
New York, and was subsequently delayed on the road
by a serious Ulness of his own. He did not, there
fore, arrive at New York until the 20th of January.
Congress had then been in session for more than a
fortnight, but no business of iraportance had yet
been transacted. The speech of the President, at
the opening of the session, was made on the 8th of
January ; and the addresses of the two Houses were
presented a few days afterwards. On the 14th of
January, an elaborate report of the Secretary of the
Treasury, for the support of public credit, was re
ceived and read.
This report had been prepared in compliance
with a resolution of the House of Eepresentatives
at the late session, which grew out of a meraorial
of the public creditors asking that provision be
made for the payraent of the evidences of public
debt held by thera. The raeraorial was referred to
a coraraittee, of which Mr. Madison was chakraan.
He reported in these terms : " That it highly con-

72 LUFE AND TIMES OF MADISON.
corns the honor and interest of the United States,
to raake sorae early and effectual provision in favor
of the creditors of the Union ; and that the House
wUl, early next session (the present session being so
near its close), take the subject into consideration."
When the report of the coraraittee carae up for the
action of the House, on the 21st September, 1789,
they passed a resolution, declaring that " they con
sidered an adequate provision for the support of
public credit a raatter of high iraportance to the
national honor and prosperity, and that the secre
tary of the treasm-y be directed to prepare a plan
for that purpose, tod report the sarae to the House
at its next raeeting."
The report of the secretary of the treasury, now
presented, extended over a very wide field. It
seeraed to have in view raore the establishment of
a permanent funding systera, than a provision for
the early payment of the public debt. A pubhc
debt, properly funded, it treated as offering many
national advantages, — particularly as serving "most
of the purposes of money " in exchanges, and as
being so far an addition to the active capital of the
nation. Its alleged beneficial effects on the trade,
agriculture, and raanufactures of the country were
set forth ; and its tendency " to ceraent more
closely the union of the States " was enumerated
among its imputed advantages. Although the sec
retary disclaimed, in its unrestricted latitude, the
dograa of certain writers, that public debts are
public benefits, he yet expressed his persuasion,

ORIGDSTAL DEBT OF THE UNION. 73
that " the proper funding of the present debt will
render it a national blessing."
As a large portion of the evidences of the public
debt was now held by purchasers and speculators,
he discussed at great length, and with much zeal,
the question whether any discrimination should
be raade between them and the original holders ;
raaintaining that such a discrimination Avould be
alike contrary to justice, policy, and the maxims of
public credit. He then proceeded to consider the
debts due from the individual States, which, though
not coming strictly within the scope of the inquiry
referred to him, he recommended should be as
sumed by the Union, and be erabraced in the same
general provision with the debts of the United
States. The original debt of the Union, to be provided
for, consisted of the foreign debt, which, with the
arrears of interest upon it, araounted to near twelve
mUlions of dollars ; the liquidated domestic debt,
for services performed, raoney lent, or supplies fur
nished during the Eevolutionary war, araounting to
somewhat more than forty raillions of dollars ; and
the unliquidated portion of the sarae debt, raade up
chiefly of the old Continental bUls of credit, which,
reduced by the ffi-st scale of depreciation of forty
for one established by Congress in 1780, were esti
mated at two millions more,^ — making, in all, an
1 These bills, forming what is at a hundred for one. See act pro-
generally called the old Continental viding for public debt, in vol. ii.,
paper money, were flnally funded Laws U.S.

74 LUFE AND TIMES OF MADISON.
aggregate of about fifty-four raillions of dollars.
The debts of the individual States, proposed by the
secretary to be assuraed by the Union, were esti
raated at twenty-five mUlions of dollars, principal
and interest.
In regard to the foreign debt, or that contracted
abroad, it was proposed by the secretary, and uni
versally agreed, that it should be provided for
according to the precise terms of the contracts
relating to it. The domestic debt it was proposed
to subject to certain modifications, with the consent
of the creditors. That debt, as it stood, bore an
interest of six per cent ; but it was redeemable at
the pleasure of the governraent by the payment of
the principal. The creditors, it was thought, would
be induced to consent to a reduction of the interest,
or, what was equivalent, an abatement of the prin
cipal, by stipulations making the debt irredeemable
for a long period of tirae. Propositions in various
forras, founded on that principle, and some of them
of a very coraplex and artificial nature, were to be
submitted to the acceptance of the creditors ; the
effect of which, if accepted, would be, according
to the calculations of the secretary, to lower the
average interest of the domestic debt to four per
cent, corresponding with the general rate of in
terest on the foreign debt.
Instead, then, of a sum of about four mUlions
and a half to be provided for the first year's inter
est of the foreign and doraestic debt together, the

THE FUNDING SYSTEM. 75
amount to be raised for that purpose would be
brought down to two millions, two hundred and
forty thousand dollars ; adding to which six hun
dred thousand dollars for the current expenses of
the government, the whole demand to be met by
the budget of the year would be only two raillions,
eight hundred and forty thousand dollars. The
assuraption of the State debts, though to be de
clared in principle by a resolution, which should be
at once adopted by Congress, was not, according to
the secretary's plan, to be actually provided for
until the next year. A new loan of twelve mil
lions of dollars he proposed should be made, to pay
the instalraents of the foreign debt falling due
within the year ; to effect, by exchange, an altera
tion of such portions of it as bore a higher interest
than four per cent; and to purchase in the mar
ket any part of it which should be offered at less
than its true value. Finally, it was proposed to
set apart the net proceeds of the post-office (a
rather visionary resource), to an araount not ex
ceeding a raillion of dollars, as a sinking fund, to
be applied to the progressive discharge of the debt
by purchases of stock in the raarket, or by payraent
on account of the principal, as should be deemed
most advisable.
Such was the outline of the celebrated funding
system of Colonel Harailton, which, whether
viewed in the light of its original provisions or
judged by its practical operation, proraised any

76 LIFE AND TIMES OF MADISON.
thing rather than an early extinguishment of the
national debt.^
The secretary's report, after being read in the
House, was dkected to be printed and made the or
der of the day for that day two weeks. In the
mean time, speculation in the evidences of the
public debt received a new impetus among those
whose proximity to the seat of government gave
them peculiar facUities of information as to the
plans of the secretary, and the probable action of
the public councils. Even in anticipation of the
appearance of the report, knowledge having been
obtained of the general tenor of its recommenda
tions, a sudden rage for speculation broke forth,.
which, if tradition is to be credited, extended to
merabers of Congress theraselves. Mr. Madison,
writing to Mr. Jefferson frora New York on the
24th of January, four days after his arrival there,
says : —
" Prior to the report's being made, the avidity
for stock had raised it from a few shUlings to
eight or ten shUlings in the pound ; and emissa-
1 Mr. Madison, in answer to a longing, if not perpetuating it. But,
letter from Col. Harailton request- without entering into the general
ing his views on the financial prob- reasoning on that subject, there
lem, had not failed to intimate to are considerations which give a
him the importance he attached to peculiarity to the case ofthe United
keeping the extinguishment of the States. One is, that such a poUcy
pubUc debt prominently in view. is disrelished to a degree which
"I consider it as very desirable," wiU render heavier burthens for
he said, " that the provision to be discharging the debt more accept-
made should be such as wiU put the able than Ughter ones, not having
debt in a manifest course of ex tin- that object in view." — Letter of
guishraent. There are respectable J. Madison to A. HamUton, 19th
opinions, I know, in favor of pro- November, 1789.

DISCUSSION ON REPORT. 77
ries are still exploring the interior and distant parts
of the Union, in order to take advantage of the
ignorance of holders."
On the 28th of January, a meraber asserted on
the floor of the House, that " since this report has
been read, a spirit of havoc, speculation, and ruin
has arisen, and been cherished by people who had
access to the inforraation the report contained,
which would have made a Hastings blush to have
been connected with, though long inured to preying
on the vitals of his fellow-men. Three vessels
have sailed within this fortnight from this port,
freighted for speculation. They are intended to
purchase up the State and other securities in the
hands of uninformed, though honest, citizens of
North Carolina, South Carolina, and Georgia."^
It was under these circurastances, that the dis
cussion opened on the report in the House of
Eepresentatives. The galleries were crowded with
an unusual number of auditors,^ raany of thera
drawn thither, doubtless, by thek deep personal
stake in the issue of the deliberations. A series
of resolutions was offered, erabodying the recora-
1 See speech of Mr. Jackson, associated and employed in every
of Georgia, in Lloyd's Debates, State, town, and country neighbor-
vol. HI. p. 189. These statements hood ; and this paper was bought
would seem to justify the strong up at five shiUings, and even as
picture drawn by Mr. Jefferson low as two, in the pound, before the
many years afterwards, when re- holder knew that Congress had al-
cording his recollections of this ready provided for the redemption
period: " Couriers and relay horses at par." — Jefferson's Writ. (Rand.
by land, and swift-sailing pUot-boats ed.), vol. iv. p. 447.
by sea, were flying in all directions. ^ Lloyd's Register, vol. iii. p.
Active partners and agents were 193.

78 LIFE AND TIMES OF MADISON.
mendations of the report. The first, affirming the
propriety of raaking adequate provision for fulfill
ing the engageraents of the 'United States with
respect to their foreign debt, was passed unani
raously and without debate.
The second, declaring that " permanent funds
ought to be appropriated for the payment of inter
est on, and the gradual discharge of, the domestic
debt," gave rise to a debate, which continued for
two days. A raotion was raade by Mr. Scott, of
Pennsylvania, to add to the resolution the qualifying
words, " as soon as the sarae shall be ascertained
and duly liquidated." The proposed araendment
proceeded on the idea, that, while the foreign debt
must be paid according to the face of the contract,
the doraestic debt was subject to the discretion of
the governraent ; and that, much of it having been
contracted in a depreciated currency, its nominal
amount should now be reduced by a specie stand
ard. To this it was answered, that the domestic
debt, in every instance except that of the outstand
ing Continental bills of credit, was the result of a
formal and final settlement with the creditors ; and
that its nommal amount could not be reduced, with
out a breach of the public faith. The raotion was,
therefore, rejected.
In this stage of the proceeding, Mr. Madison,
recognizing explicitly the obligation of the govern
ment to pay the full amount of the domestic as
well as foreign debt, both principal and interest,
according to the face of the contract ; but feeling

THE PUBLIC CREDITORS. 79
deeply the injustice of making the whole payment
to the speculator, who had taken advantage of the
ignorance or distresses of the holder, and acquired
the debt, in many instances, at one-eighth of its
value, proposed in such cases to divide the payment
in fair proportions between the parties, — allotting
to the purchaser the highest rate of public securi
ties in the market, and paying the balance of the
sum due from the public to the original holder.
This proposition of Mr. Madison rose above the
narrow maxiras of raere raercantile or technical
justice ; and appealed to those principles of an
elevated, paternal justice, which should regulate
the conduct of a wise and raagnanimous govern
ment in adjusting the relative rights and confiict
ing clairas of different classes of its citizens. As
it was vehemently assailed at the time by inter
ested parties, and has been the subject of mis
representation by political adversaries since, it is
due to the cause of truth and justice to give a
brief sketch of the principles by which he sus
tained it, when offering it to the consideration of
the House.
He exarained first the clairas of the original
holders, and said : " They raay appeal to justice,
because the value of the money, the service, or the
property advanced by thera has never been really
paid to them. They may appeal to good faith,
because the certificates, which were in fact forced
upon thera by the government, cannot be fakly
adjudged an extinguishment of the debt. They

80 LIFE AND TIMES OF M.VDI80N.
mav appeal to the motives for establishing public
credit, for ^^•hich justice aud faith form the natm-al
foundation. They may appeal to the precedent
furnished by the compensation allowed to the army
during tho late war for depreciation of bills, which
nominally discharged the debts due to them. Thoy
may appeal to huiuaiiiti/ ; for the sufferings of the
military part of the creditors cau uovcr be forgot
ten, ^^•llile sympathy is au Anierican Airtuo ; to say
nothing of the singular hardship, proclaimed by
so many mouths, pf requiring those who havo lost
four-fifths or seven-eighths of their due to contribute
the remainder in favor of those who ha-\o gained in
the contrary proportion."
Stating with foirness, and even with liberality,
the claims which might be alleged on behalf of the
purchasers of tlie public securities, he proceeded:
" Such, then, being the interfering claims on the
public, one of three things must be done, — pay
both, reject wholly one or- the other, or make a
composition between them on some principle of
equity. To pay both is perhaps beyond the pub
lic faculties ; and, as it would far exceed the value
received by the public, it will not be expected by
the Avorld, nor even by the creditors themselves.
To reject wholly the claims of cither, is equally
inadmissible. Such a sacrifice of those who hold
the written engagement of the government would
be fatal to the establishment of public credit. To
make the other class the sole victims was an idea
at which human nature recoiled. A composition,

THE PUBLIC CREDITORS. 81
then, is the only expedient that remains. Let it be
a liberal one, in favor of the present holders ; let
them have the highest price which has prevaUed
in the market ; and let the residue belong to the
original sufferers."
He then adverted to the peculiar circurastances
of the case, which rendered the ordinary raaxiras of
commercial justice inapplicable to the subject be
fore thera. " I cannot," he said, " but regard the
present case as so extraordinary, in raany respects,
that the ordinary raaxiras are not strictly applicable
to it. The fluctuations of stock in Em-ope, so often
referred to, bear no coraparison with those in the
United States. The former never exceed fifty,
sixty, or seventy per cent. Can it be said, that, be
cause a government thought this evU insufficient to
justify an interference, it would view in the sarae
light a fluctuation amounting to seven or eight hun
dred per centi I ara of opinion, that were Great
Britain, Holland, or any other country, to fund its
debts precisely in the same situation as the Araeri
can debt, sorae equitable interference of the gov
ernraent would take place. The South-Sea scherae,
in which a change, araounting to a thousand per
cent, happened in the value of the stock, is weU
known to have produced an interference, and with
out any injury whatever to the subsequent credit of
the nation."
He concluded the exposition of his proposition
with these reraarks : " It raay be objected that such
a provision as I propose wiU exceed the public

82 LIFE AND TIMES OF MADISON.
abUit}\ I do not think the public unable to dis
charge honorably aU its engageraents, or that it
-wiU be un-ndlling, if the appropriations shaU be
satisfactory. I regret as rauch as any raeraber the
unavoidable weight and duration of the burthens to
be iraposed, — having never been a proselyte to the
doctrine, that public debts are public benefits. I
consider them, on the conti-ary, as evUs ¦ which
ought to be removed as fast as honor and justice
-will permit, and shaU heartUy join in the means
necessary for that pui-pose. I conclude with de
claring, as my opinion, that if any case were to
happen among indi^iduals, bearing an analogy to
that of the public here, a coui't of equity would
interpose its redress ; or that, if a tribunal existed
on earth by which nations could be corapeUed to
do right, the United States would be corapeUed
to do something not dissimUar in its principles to
what I have contended for."^
The proposition of ^Ir. Madison aroused at once
a phalanx of opponents, advocating -with great zeal
the exclusive rights and interests of the purchas
ers of the public debt. Mr. Sedg-wick and IMr.
Ames of Massachusetts, Mr. Lawrance and INIr.
Benson of Xew York, Mr. Boudinot of New Jersey,
Mr. Smith of South Carolina, all rose in succession,
to combat the views of Mr. Madison. They dwelt,
-with forensic exaggeration, on the sanctity of the
legal rights acquked by the purchaser; drew
highly colored pictures of the injury to pubUc
1 See the whole speech in Lloyd's Debates, vol. iii. pp. 821-326.

THE PUBLIC CREDITORS. 83
credit frora any disregard of the letter of those
rights, or an agitation even of the question ; and
appealed to the sentiraents of coraraercial rigor in
favor of the exact fulfilraent of the written engage
raents of the governraent, into whatsoever hands
they raay have fallen or by whatsoever raeans ac
quired. Some of these speakers, particularly Mr.
Ames, mingled with their arguraents a tone of ani-
ra ad version, which provoked from Mr. Madison,
with all his habitual observance of the courtesies
of parliamentary debate, a lofty and caustic reply.
" His proposition," he said, " had been arraigned
as erabarrassing raeasures which ought to be facili
tated, and producing discussions which might end
in disagreeable consequences. However painful it
raight be to contradict the wishes of gentlemen
whom he respected, he could proraise nothing
raore, in the present case, than his endeavors to
disappoint their apprehensions. When his judg
raent could not yield to the propositions of others,
the right to raake and support his own was a right
which he could never suffer to be contested."
Alluding, then, to the elaborate efforts that had
been made to brighten the pretensions of the pur
chasing, and discredit those of the original, holders
of the public securities, he said, " He raust re
nounce every sentiraent he had hitherto cherished,
before his coraplaisance could admit that America
ought to erect the monuments of her gratitude, not
to those who saved her liberties, but to those who
had enriched themselves in her funds. . . . He

84 LIFE AiTO TIMES OF MADISON.
begged gentlemen not to yield too readily to the
artificial niceties of forensic reasoning. It was a
great and an extraordinary case. It ought to be
decided on the great and fundamental principles of
justice. He had been animadverted upon for ap
pealing to the heart as well as the head. He
would be bold, nevertheless, to repeat, that, in
great and unusual questions of public morality, the
heart is the best casuist."
To a charge of inconsistency insinuated against
hira, on account of the language used by him in
the address of Congress in 1783, he replied : " He
had been repeatedly rerainded of the address of
Congress in 1783, which rejected a discriraination
between original and purchasing holders of public
securities. At that period, the certificates to the ,
array and citizens at large had not been issued.
The transfers were confined to loan-office certifi
cates, Avere not nuraerous, and had been, in great
part, made with little loss to the original creditor.
At present, the transfers extend to a vast pro
portion of the whole debt ; and the loss to the
original holders had been imraense. The injus
tice which has taken place has been enorraous
and flagrant, and makes redress a great national
object." The alleged injury to public credit from the
principles of his proposition, he thus victoriously
retorted upon his opponents : —
" Objections to the measure had been drawn
from its supposed tendency to impede public

THE PUBLIC CREDITORS. 85
credit. He thought it, on the contrary, perfectly
consistent with the establishraent of public credit.
It was in vain to say that government ought never
to revise measures once decided. Great caution on
this head ought, no doubt, to be observed. But
there were situations in which, without some legis
lative interposition, the first principles of justice,
and the very ends of civU society, would be frus
trated. . . . The best source of confidence in gov
ernment was the apparent honesty of its views.
His proposition could not possibly be ascribed to
any other motive than this, because the public was
not to gain a farthing by it. He was more ap
prehensive of injury to public credit from such
raodifications of the interest of the public debt
as sorae gentleraen seemed to have in view. In
these, the public would be the gainer ; and the
plea of inability the more alarming, because it
was so easy to be set up, so difficult to be dis
proved, and for which, consequently, the tempta
tions would be so alluring." ^
In the course of the discussion, Mr. Benson of
New York, with great apparent triumph, and not
in the most delicate manner, addressed hiraself to
Mr. Madison, and asked hira, if he were in the
place of a soldier who had parted with his cer
tificate, no raatter at what price, whether he could
afterwards conscientiously accept from the govern
ment the difference between that price and the
1 The reply of Mr. Madison, given, wUl be foimd in Lloyd's
firom which the above extracts are Debates, vol. in. pp. 412-421.

86 LIFE AND TIMES OF MADISON.
nominal araount of his certificate, instead of yield
ing the whole to the purchaser. Mr. Madison,
after answering the hypothetical question in a
raanner consistent alike with the principles of
personal honor and an enlightened public justice,
retm-ned the inquky of the gentleman from New
York, by addressing to him this searching and
powerful appeal : —
" I would beg leave now, in tum, to ask the gen
tleraan a question. Suppose he had been one of
those who resorted to our army at the tirae it was
disbanded, and had found a soldier — one of that
band who had established the liberties of his
country, and had heard the declaration of his be
loved commander, ' That his country would finally
do him ample justice ' — turned loose, not with the
payment in gold or silver solemnly stipulated, but
with a piece of paper, such as was substituted ;
and suppose that the gentleman had obtained
from the necessities of the soldier the evidence
of his claim at a tenth of its value, and was now
to have the principal and interest of that claim
funded in his own favor, — I ask Avhether the deli
cacy of the gentleraan would not be shocked at the
reflection, that this exorbitant accuraulation of gain
was raade at the expense of the raost meritorious
part of the coraraunity, and whether his conscience
could refuse a participation of it to the sufferer T'^
But in spite of every appeal, and whatever might
be the abstract justice of Mr. Madison's proposition,
1 See Lloyd's Debates, vol. ni. pp. 422, 423.

PROPOSITION REJECTED. 87
the speculations in the evidences of the public debt
had been too extensive, and the interest begotten
by them too powerful, to be overcorae. After a
week's debate, in which Mr. Madison stood against
his host of opponents with a moral and intellectual
power that shone brighter and brighter to the last,^
his proposition was put to the vote, and rejected by
a very large raajority. The following extract of a
letter, written by him a few days afterwards, to
a distinguished correspondent, shows the elevated
and self-poised integrity which sustained hira in
the discharge of his public duties, krespective of
success : —
" It not only gives rae pleasure, but strengthens
my conviction, to find my sentiraents ratified by
those of enlightened and disinterested judges. The
advantage enjoyed by public bodies, in the light
struck out by the collision of debate, is but too often
overbalanced by the heat proceeding from the same
source. Many other sources of involuntary error
raight be added. It is no reflection on Congress to
adrait for one the united voice of the place where
they happen to deliberate. Nothing is more con
tagious than opinion, especially on questions which,
being susceptible of very different glosses, beget in
1 There is, perhaps, not to be portion of the pubUc debt. Judge
found in the parUamentary annals MarshaU, though of the party op-
of any country an instance in which posed to him, refers, in a very spe-
argument and eloquence, both of . cial and emphatic manner, to " the
the very highest order, were more eloquent speech, replete wiih argument,"
strikingly combined than in Mr. made by Mr. Madison on the occa-
Madison's exposition and defence sion. — See Life of Washington,
of his proposition relating to this vol. ii. p. 182.

88 LIFE AND TIMES OF MADISON.
the mind a distrust of itself. It is exceedingly dif
ficult, also, to avoid confounding the local with the
public opinion, and to withhold the respect due to
the latter from the fallacious speciraens exhibited
by the forraer. Without looking, therefore, beyond
innocent causes of fallibUity, I can retain the senti
ments which produced the late motion, notwithstand
ing the disproportion of numbers by which it was
voted down. Indeed, it seeras scarcely possible for
rae ever to be persuaded that there is not soraething
radically imraoral, and consequently irapolitic, in
suffering the rewards due for the most valuable of
all considerations, the defence of liberty, to be
transferred from the gallant earners of thera to that
class of people who now take their places." '
But the principles on which Mr. Madison sup
ported his proposition were destined to receive an
explicit recognition frora Congress itself, two
raonths later, in a case which did not admit, like
1 Letter to Dr. Rush, of Phiiadei- paper addressed to a confldential
phia, dated 7th of March, 17'jO. In friend many years afterwards,
this letter, Mr. Madison refers only leaves no doubt of his belief of the
to " innocent causes of failibiUty " imputed abuse.
operating on the decision of Con- " Such," he says, "was the spirit
gress. It is well known, however, stiraulated by the pro.spect of con-
that members of the body were ac- verting the depreciated paper into
cused, at the time, of speculating in par value, that it seized raembers
the certificates of public debt, wliich of Congress, who did not shrink
were the objects of their delibera- from the practice of purchasing,
tions; and the naraes of individ- through brokers, the certificates at
ual merabers have been associated Utde price, and contributing by
with these transactions. Mr. Mad- their votes, at the same moment,
ison was governed by an habitual to transmute them into the value
delicacy in speaking of matters in- of the precious metals." — See com-
volving personal imputations ; but munication addressed by him to J.
the language used by him, in a R. Paulding, Es(i., in January, 1832.

VIEWS OF SECRETARY OF TREASURY. 89
the public debt at large, of a combination of inter
ests sufficiently extensive to overpower the evidence
of their justice. An appropriation having been
made at the pre-vious session of Congress for certain
arrears of pay due to the troops of the North-Caro
lina and Virginia lines, those clairas had been
bought up for a consideration rauch below their
value, and assignments of them obtained by specu
lators, who took advantage of the ignorance or
distresses of the claimants. Under these circum
stances, a proposition was raade, and resolutions
were passed by Congress, virtually to annul the as
signments, by directing the secretary of the treasury
to pay the arrears in question only to the original
claimant, or to such persons as should produce a
power of attorney from the original claimant, duly
attested by two justices of the peace, authorizing
the receipt of a specific sum.
The secretary of the treasury was much annoyed
by the passage of these resolutions, which he felt
to be in direct conflict with the principles of his
report on the public debt, and as giving an explicit
sanction to the principles on which Mr. Madison
rested his proposition. He prepared, therefore, an
elaborate argument against the resolutions, when
they came before the President for his approval,
and made an earnest appeal to hira to arrest them
by the application of the executive veto. All the
topics, which had been employed against Mr. Mad
ison's proposition, were now repeated, and zealously
enforced in this paper.

90 LIFE AND TIMES OF MADISON.
" The resolutions," he said, " were an infraction
of the rights of individuals acquired under pre
existing laAVS, and a contravention of the public
faith pledged by the course of public proceedings.
They have, consequently, a tendency not less un
friendly to public credit than to the security of
property. . . . The principles which appear to the
secretary to have been invaded in this instance are
in his estimation of such fundamental consequence
to the stability, character, and success of the govern
raent, and at the sarae tirae so imraediately inter
estmg to the department intrusted to his care, that
he feels hiraself irresistibly irapelled by a sense of
duty, as Avell to the chief raagistrate as to the com
munity, to raake a full communication of his im
pressions and reflections." ^
In spite of the zealous importunity of this appeal,
the resolutions were approved by the President;
and they noAV stand upon the statute-book, a final
and concm-rent testiraony, of both the legislative and
executive authorities of the governraent, to the
rectitude of the principles for which Mr. Madison
had contended. 1 See Hamilton's Works, vol. it. pp. 15-21.

CHAPTEE XL.
Proposed Assumption of State Debts — Political Objects avowed bythe
Secretary of the Treasury in recommending it — Opposed by Mr.
Madison, in conjunction with Mr. Livermore of New Hampshire, and
Mr. Stone of Maryland — Sustained, with Great Warmth, by Repre
sentatives of Massachusetts, Connecticut, and South Carolina — After
a Debate of Several Weeks, rejected by a Vote of Thirty-one to Twenty-
nine — Violent Discontents at this Decision — Mr. Sherman renews
the Proposition — Powerful and Eloquent Speech of Mr. Madison in
oppositiou to it — Again rejected — Renewed a Third Time by Mx.
Gerry, and a Third Tirae rejected — Connected at length, by a Legis
lative Bargain, with Question of Temporary and Permanent Seat of
Government — Letters of Mr. Ames — Menaces of Dissolution of the
Union — Mr. Jefferson's Statement of what passed with Colonel Ham
ilton — FinaUy carried through the Two Houses by a Close Vote, in
conjunction with a Bill giving the Seat of Government for Ten Years
to Pennsylvania, and fixing it ultimately on the Eastern Bank of the
Potomac — In this Violent and Protracted Struggle for Assumption
of State Debts, commences the Division of Political Parties, under the
denomination of "FederaUsts " and " Republicans " — Colonel Hamilton
becomes the Idol and Leader of the Federal Party — Their Bitter De
nunciations of Mr. Madison — Falsely accused by them of patronizing
the Doctrine of the Repealability of the Act pledging the Publio Faith
for the Payment of the Public Debt, on the Principle that the " Legis
lative Authority has no Right to bind Posterity " — Falsity of the
Charge proved by Able and Profound Letter of Mr. Madison to Mr.
Jefferson at tho Time, in which he denies and confutes the Alleged
Dogma. The questions relating to the debts proper of the
United States being disposed of, the resolution em-

92 LIFE AND TIMES OF MADISON.
bodying the recommendation of the secretary's re
port with regard to the State debts, and Avhich
declared that " the debts of the respective States
ought, Avith the consent of the creditors, to be as
sumed and proAdded for," Avas next taken up. No
subject has ever given rise to a more earnest and
protracted struggle in the public councils of Amer
ica, than this. It was not denied that all expenses
incurred by the several States in the prosecution
of the Avar for independence ought to be con
sidered a common charge. The articles of Con
federation had expressly declared that " all charges
of war, and all other expenses that shall be incurred
for the common defence or general welfare, and
allowed by the United States in Congress assem
bled, shall be defrayed out of a comraon treasury,
to be supplied by the several States '' according to
a certain ratio.
The obligation of the States to raake these con
tributions to the coraraon treasury, when called on
by Congress, was soleran and unequivocal. They
had, raoreover, all of thera, received from time to
tirae advances out of the treasury, on account of
military operations and expenses within their re
spective limits. These advances, as well as " the
balances due from thera on thek several quotas of
the requisitions " of Congress, were in justice, as
weU as by positive law, to be deducted from the
expenses paid and debts incurred by them in the
common cause, before the ti-ue raeasure of the obh
gations of the Union towards them could be ascer-

ASSUMPTION OF STATE DEBTS. 93
tained.-' Arrangeraents had, therefore, been raade
by Congress, and were now in process of execution,
to settle the accounts between the individual States
and the Union on these principles.
Under such circurastances, the recoraraendation
contained in the secretary's report for assuming, at
once, the gross amount of the debts due from the
States to their individual creditors, took the public
generally by surprise. Many of the States had
been diligently engaged, ever since the peace, in
reducing by payraents the araount of the debts
incurred by thera in the prosecution of the war, —
content to look to the government of the Union for
re-imburseraent of whatever balances should ap
pear, upon a final settlement of account, to be due
to them. The secretary's recoraraendation was dic
tated rauch more by his particular views of govern
raental policy, than by any supposed obligations of
justice. As long as the States had their separate
debts, they would have their own systems of finance ;
and these, it was apprehended, would interfere with
the fiscal operations of the general government.
The whole body of public creditors. State as Avell
as national, forming, moreover, a powerful infiuence
in the comraunity, it was thought a matter of great
importance to enlist them all on the side of the
general government, by connecting their pecuniary
hopes and expectations exclusively with it.
These considerations were shadowed forth, in
general terms, in the report. " The danger of in-
1 See Ordinance of Congress, of 7th of May, 1787.

94 LUFE AND TIMES OF MADISON.
terference [from the State systems of finance]," it
was said, " Avould be apt to impose restraints very
unfriendly to the complete command of those re
sources Avhich are the most convenient." With
regard to the public creditors, it was said, " If all
of thera receive their dues from one source, dis
tributed Avith an equal hand, their interest avUI be
the same ; and, having the same interests, they wUl
unite in favor of the fiscal arrangements of the
government." These considerations Avere raore dis
tinctly avowed by Colonel Harailton, two years
later, in a letter to a friend referring to the transac
tions of this period ; in Avhich he expressly declared,
that " the leading objects of the assumption of the
State debts, as recommended by him, Avere an
accession of strength to the national government,
and an assurance of order and vigor in the national
finances, by doing away the necessity of thirteen
complicated and conflicting systems of [State]
finance."^ These objects secured, the addition of
tAventy-five millions to the national engagements
was deemed a raatter of but little moraent.
The discussion in the House of Eepresentatives,
on the proposition for the assuraption of the State
debts, opened on the 23d of February, 1790. There
were three States — Massachusetts, Connecticut, and
South Carolina — especially and deeply interested
in the proposition ; it appearing, frora a list of the
State debts which accorapanied the secretary's re-
1 Letter of Colonel Hamilton to May, 1792, in Hist. Am. Rep., vol.
Colonel Edward Carrington of 26th iv. p. 523.

ASSUMPTION OF STATE DEBTS. 95
port, that more than one-half of the aggregate of
the debts reported was due from those States. The
discussion was coraraenced by Mr. Liverraore, of
NeAV Hampshke, who deraanded, —
" Are the creditors of the respective States, or
the States theraselves, claraorous for the raeasure?
They have not as yet applied to Congress on this
head. Perhaps the creditors are satisfied with
what the States have done for them. Why, then,
are Ave to undertake a Avork of this extent, Avhen
nothing appears to show its necessity, or even pro
priety? Is not the task of providing for the real
debts of the Union sufficiently arduous, without un
dertaking raore, Avhen raore is unnecessary? Be
sides, will not the assumption of raore debts than
we owe disable us frora doing our real creditors
justice? And will they not have a right to cora
plain of our conduct ? But the merits and amounts
of tliese debts are both unascertained. It would
argue a Avant of foresight to adopt a measure
wrapped up in uncertainty. We know there are
commissioners appointed and eraployed in the set
tlement of the accounts betAveen the individual
States and the United States. Let us knoAV first
from them what balances are due to the respective
States, before, we undertake to assume thera."
Mr. Stone, of Maryland, followed Mr. Livermore
on the sarae side of the question. He discussed
the subject more particularly in its political
aspects. " A strong, binding force, exterior or interior,"

96 LIFE AND TIMES OF MADISON.
he said, " is supposed essentially necessary to keep
together a government like ours ; and, of all the
bands of political connection, perhaps there is none
stronger than that Avhich is forraed by a uniform,
compact, and efficacious chain or systera of revenue.
A greater thought could not have been conceived
by raan ; and its effect, I venture to predict, if
adopted by us and carried into execution, Avill prove
to the Federal governraent a wall of adaraant, im
pregnable to any attempt on its fabric or operations.
... I shall detain the comraittee a very little while
in examining hoAv far the proposed scheme is con
nected with that idea. I think, sir, Avherever the
property is, there will be the power. If the gen
eral government has the payment of all the debts,
it must, of course, have all the revenue. If it pos
sesses the whole revenue, it is equal, in other
words, to having the whole power. . . . Hence I
am led to believe, that, if the whole revenue of the
several States is taken into the power of Congress,
it will prove a band to draw us so close together
as not to leave the smallest interstice of sepa
ration. " There is another observation I mean to make.
It does not appear to me that the debts of the par
ticular States are the debts of the United States.
State debts, and debts of the United States, are
hardly convertible terms. And I question very
rauch whether it is strictly within our constitu
tional power to levy taxes and collect duties, unless
it be to pay the debts of the United States. WiU

OBJECTIONS OF MR. MADISON. 97
it be adraitted, that Congress can adopt any debts
they think proper, whether they corae within the
idea of being debts contracted for the purposes of
the Confederacy, or not ? The object expressed in
the Constitution is siraply to pay the debts of the
United States. Can Congress, by their oavu author
ity, saddle the United States with a debt of this
magnitude, independently of the particular power
they derive from the Constitution ; and then justify
the collection of taxes under the general powers
of the Constitution ? "
Mr. Madison, on the following day, stated with
great dignity and raoderation his objections to the
proposition before the House. Mr. Stone had ad
mitted, that a larger amount of revenue could prob
ably be raised by the exercise of a sole authority
under the United States, than by the concurrent
action of the general and State governments.
Frora this opinion Mr. Madison dissented. He
said there were resources of internal taxation
which could be rauch better brought into opera
tion by the State governraents than by the national
authority ; and he declared his conviction, that the
authority of the United States and of the individual
States, taken together, will draw raore revenue than
either can draw separately from the sarae sources.
" Sorae gentlemen," he continued, " have made
the passage of this resolution a condition of pro
viding for the acknowledged debt of the United
States. I think this a preposterous condition, and
a language improper to be held after the decision

9b LIFE AXD TIMES OF MADISON.
which has taken place. In priority of time and
obligation, we ought to provide for the acknowl
edged debt of the L'nion. Before we enter into
a new obhgation, we should see how far we are
able to dischaige those positively due by us."
He then brought into view the inequality and
injustice of the proposed assumption of the State
debts in thek existing condition, as it affected those
States which, by thek faithful and persevering ex
ertions, had greatly reduced the amount of thek
debts since the close of the war. K the debts of
the States were to be assuraed, the only means, he
contended, of effecting equal justice among the
States woiUd be to assume those debts as they
stood at the close of the war. •• J£ this is not
done," he said, " what is the consequence ? The
citizens of a State wUl be burthened in proportion
as thek State has made exertions to discharge its
obligations. For instance, suppose that one Srate
has paid the whole of her debt, and another paid
none, if you assume the unpaid Avithout the paid,
the Srate which has already paid off what it owed
AvUl be burthened to pay the debt of the other."
To obviate this injustice, he proposed, a few days
afterwards, an amendment to the resolution before
fhe House ; but his amendment was rejected by a
vote of twenty-eight to twentA-two.
The leading champions of the resolution were
the representatives of the three States already men
tioned as haAing fhe largest relative proportion of
outstanding debt. The members for Massachu-

VIEWS OF OTHER REPRESENTATIVES. 99
setts — Mr. Sedgwick, Mr. Ames, Mr. Goodhue,
Mr. Gerry — were particularly distinguished by
thek excited zeal. They contended that the State
debts incurred during the Avar were, in truth, the
debts of the United States ; that they Avere abso
lutely obligatory upon the Union ; that, in the
case of Massachusetts, they were burthens too
grievous to be borne ; and significant allusions
were made to the insurrection of 1786-87 as an
admonition of the too probable consequences of
leaving those burthens to weigh with undimin
ished pressure upon the people of that State.
Mr. Sherman of Connecticut, and Mr. Sraith of
South Carolina, while equally earnest in their ad
vocacy of the proposition, were far less veheraent
and aggressive in thek tone.
Those representatives of other States, who gave
thek support to the proposition, were infiuenced by
considerations of policy rather than of justice. Mr.
Fitzsimraons, of Pennsylvania, a sober friend of
assumption, took occasion, after a speech of an ex
treme character frora Mr. SedgAvick, to enter a
forraal protest against the doctrines urged by the
latter in favor of the proposition. " I am in favor,"
he said, " of the assuraption of the State debts ;
but I do not subscribe to the doctrine held by
the gentleraan last up. I do not think the Unit
ed States are under an equal obligation to pay
the private debts of each separate State, as they
are to pay those which they, in their collective
capacity, incurred. I think it a raatter of good

100 LIFE AND TIMES OF MADISON.
policy ; and that alone will lead me, if we have it
in our power, to provide as effectually for the State
debts as foi; any debt due from the Union. But
still I must insist upon it, that they stand on a dif
ferent footing from the domestic debt of the United
States." '
After a discussion of near three weeks in Com
raittee of the Whole, the coramittee, on the 13th
of March, reported to the House, with other reso
lutions growing out of the report of the secretary
of the treasury, the one in favor of the assurap
tion of the State debts. It had been carried in
the coraraittee by a raajority of only five votes.^
The resolutions were taken up in the House on the
29th of March. In the raean time several of the
representatives of North Carolina had arrived, and
taken their seats. The resolutions being read, a
motion was raade to recommit the resolution re^

1 Lloyd's Dejiates for 2d of supported the secretary's views, of
March, 1790. which he was, doubtless, the indoo-
2 See manuscript letter of Mr. trinated as well as authorized expo-
Madison to Edmund Randolph, of nent. He was briefly answered by
14th March, 1790. In this letter Mr. Madison, who urged a much
Mr. Madison says, " A disposition more rapid process for the extin-
appears in the comraittee to shorten guishraent of the debt. " The gen-
the duration of the debt, which, ac- tleman," he said, "had drawn a
cording to the secretary's report, pleasing, and he hoped a true, pic-
would subsist forty or fifty years, — ture ofthe growing prosperity of
a period that, considering interme- this countrj'. But what should re-
diate probabiUties, would araount suit from it % Not that the debt
to a perpetuity." In the discussion should be perpetuated, but that we
on this feature of the secretary's should be able to begin a reduction
plan, favoring a long period of irre- of the principal ; and ought not,
deemability of the public debt, Mr. therefore, to throw away the right
Ames, in an elaborate and care- to do so." — See Lloyd's Debates
fully prepared speech, earnestly for llth March, 1790.

PROPOSITION REJECTED. 101
lating to the assuraption of the State debts ; and,
after an aniraated debate, the raotion prevaUed by
a vote of tAventy-nine to twenty-seven.
On the following day, the partisans of assurap
tion moved also to recorarait the resolutions pro
viding for the acknowledged- debt of the Union ;
- declaring the tAvo subjects to be, in their estiraation,
inseparable, and that the one raust share the fate
of the other. This was strongly remonstrated
against, as unreasonable and iraproper ; but the re
raonstrance Avas in vain. The entire subject of the
secretary's report was, therefore, again before the
Coramittee of the Whole ; and the discussion upon
the assuraption of the State debts renewed with in*
creased veheraence and zeal. At length, on the
12th of April, the question was again put on the
assuraption, ahd decided in the negative by a vote
of thkty-one to twenty-nine.
This produced a violent and unparliamentary ex
plosion of indignation frora one of the representa
tives of Massachusetts, Mr. Sedgwick. As soon as
the decision of the coraraittee was announced, he
rose, and, araong other passionate denunciations,
said, " Can it be believed that the governraent of
the people of Massachusetts will voluntarily subrait
to sacrifice the interests of twenty thousand men,
who adventured their lives and estates in the com
mon cause ? Shall the first operations of this gov
ernment, Avhich I fondly hoped would move on
national ground, and regulate its conduct by en
larged and liberal policy, be the impoverishment of

102 LIFE AND TIMES OF MADISON.
such and so many confiding citizens ? . . . I warn,
soleranly warn, gentleraen of the dangerous conse
quences, in the progress of this business, of invad
ing those funds which are pre-occupied by that
State." When, two days afterwards, a raotion was made
to go into Committee of the Whole, for the purpose
of proceeding with the resolutions providing for
the foreign and domestic debt of the Union, the
motion was Avarraly resisted by several of the advo
cates of assuraption, Avho opposed any further pro
ceeding in regard to the debts of the Union, until a
plan of accoraraodation should be agreed to with
respect to the assuraption of the State debts. In
the conteraporary report of the debates of Congress
of this period, we are told, " The House was
warraly agitated on this subject for a considerable
length of tirae. Several raembers were called to
order; and a variety of motions respecting order
were made." '
At length, upon a call of the yeas and nays,
the House determined to go into Coraraittee of the
1 See Lloyd's Debates for 15th will be Iried in every possible shape
April, 1790. Mr. Madison, writing by the zeal of its patrons. The
to Mr. Monroe two days later (the Eastern members talk a strange
17th of April), says, — language on the subjeet. They
" The House of Representatives avow — some of them, at least —
is_ StiU at the threshold of the reve- a deterraination to oppose all pro-
nue business. The assumption of vision for the public debt which
the State debts is the great obstacle. does not include this, and intimate
A few days ago, it was recom- danger to the Union frora a refusal
mitted, and rejected by thirty-one to assume. We shall risk their pro
to twenty-nine. The measure, phetic menaces, if we should con-
however, is not abandoned. It tinue to have a majority."

MR. SHERMAN'S PROVISION. 103 *
Whole, and proceed with the resolutions providing
for the debt of the Union. Mr. Sherman, on the
21st of April, proposed to engraft on one of these
resolutions a provision, iii a somewhat modified
form, for assuraing the State debts. This propo
sition Avas ably opposed by Mr. Madison, in a speech
more extended and elaborate than he had hitherto
raade on the subject. He coraraenced by saymg, —
" It is not without much reluctance that I trouble
the committee with any further observations on a
subject which has been so long under discussion,
and raay be thought to be entirely exhausted. I
must refer for my apology to the uncomraon perse
verance with which the advocates for assuraption
adhere to their object, notwithstanding the difficul
ties which oppose it." He then reviewed in suc
cession the arguments by which the advocates of
the measure had urged its adoption. The doctrine
that the State debts are in thek nature the debts of
the United States, he showed to be utterly unsus
tainable, either upon principle or by authority. In
this connection, he noticed particularly the argu
ment which had been deduced from the declaration
in the Constitution, that all debts contracted, or en
gageraents entered into, before the adoption of the
Constitution, shaU be as valid agamst the United
States under the Constitution, as under the Confed
eration. "What," he asked, "was the situation of the
State debts before the adoption of the Constitution ?
Was it understood that they were a part of the

104 LIFE AND TIMES OF MADISON.
debt of the United States any further than there
mieht be found a balance on a final settlement?
Was it ever supposed that they were to be thrown
into one comraon raass, and that the States should
be called on collectively to pro-^ide for them ? What
would have been thought of such a proposition ?
Would it have been considered as consistent with
equity ? Would it have been thought constitu
tional? I am persuaded, if such a proposition had
been made in the old Congress, it never would have
found a second ; and for this reason, that the debts
of the particular States Avere never considered as
the debts of the United States."
To the argument of hardship and injustice,
founded on the situation of particular States, bur
thened by the magnitude of their debts incurred in
the comraon cause, he replied by the foUoAving
striking parallel between the cases of Massachusetts
and Virginia : —
" Much has been said of the situation of par
ticular States, in case these debts should not be
assuraed. Much, indeed, has been said of the
distresses and exertions of Massachusetts. But, if
we are to be governed by inquiries of this sort, we
raust extend thera to every part of the Union ; and
we shaU then find, that an assuraption will give as
much dissatisfaction and work as rauch injustice to
a raajority of the States, as non-assuraption raay dis
appoint the citizens of Massachusetts. I do not
Avish to go into local inquiries ; but the present sub
ject seeras, in its nature, to make them unavoidable.

OPPOSED BY MR. MADIS®N. 105
The conduct of gentleraen on the other side at
least renders the task on this indispensable.
" What would be the operation of the raeasure
with respect to Virginia ? It Avill not be denied that
Virginia sacrificed as much during the Avar in one
shape or another, and contributed as much to the
comraon defence ofthe States, as any araong thera,
— certainly as rauch as Massachusetts. These are
facts that can, in tirae, be proved. Since the peace,
that State has raade great exertions to coraply with
the requisitions of Congress. I raight say, sir, that
she was alraost unequaUed in her exertions. Her
specie payraents into the Federal treasury, since the
peace, exceed six hundred thousand dollars ; Avhere
as those of Massachusetts are only betAveen two and
three hundred thousand. In indents, Massachu
setts has, indeed, paid most ; but by no means in
such proportion as to balance the difference in the
specie payments.
" The exertions of Vkginia to discharge the debt
she involved herself in by the war have also been
very great : she is not behind any of the States ;
she is before most of them. There can be no doubt
but that she has discharged raore of her debts than
Massachusetts ; and as little doubt that, whencA^er a
final settleraent shaU take place, she will be found
a creditor to the United States. If, during the war,
she has raade as great exertions and has suffered
as much as any of the States ; if she has, since the
peace, paid her fuU proportion of the supplies to
the Federal treasury, at the same time exerting ker-

106 LIFE AND TIMES OF MADISON.
self to the utmost to discharge her State debt ; and
if, finaUy, she wUl probably be found in advance
to the Union, and would therefore, if justice could
at once be done, be now entitled to a reirabm-se-
ment, — what must be said by the citizens of that
State, if, instead of a reirabursement, they are called
on to make lurther advances ? "
To the appeal raade to hira as a friend of the Con
stitution, — that the assuraption of the State debts
would add strength to the national governraent, —
he answered Avith equal significance and propriety,
" There is no man more anxious for the success of
the government than I am ; and no one who wUl
join more heartily in curing its defects. But I wish
these defects to be remedied by grants of additional
constitutional powers, if they should be found ne
cessary. This is the only proper, effectual, and
perraanent reraedy.''
He concluded by addressing, in return, a lofty
and spu-ited expostulation to the over-zealous cham
pions of assumption. "I cannot finish my observa
tions on this subject," he said, " without adverting
to one particular, which I could wish gentlemen to
attend to, not so rauch for our sakes as thek ovm.
I would recomraend to them no longer to assurae a
pre-eminence over us in the nationality of thek mo
tives ; and that they would forbear those frequent
assertions, that, if the State debts are not assumed,
the Union AviU be endangered. Sir, I am per
suaded, if the gentlemen knew the motives which
govern us, they would blush at such intemperate,

MR. GERRY'S PROPOSITION. 107
as weU as inconsistent, language. I am sure, if
they knew the eraotions with which it is heard,
they Avould at least see the inutUity of it. I hope,
sir, that whatever raay be the decision on this ques
tion of assuraption, that patriotism and every other
noble and geiierous raotive will lead the rainority
to acquiesce in raeasures which will tend to estab
lish public credit, by a due provision for the public
engagements." After the speech of Mr. Madison, the House, on
motion of Mr. Fitzsimraons of Pennsylvania, re
jected in effect the proposition of Mr. Sherman, by
discharging the Comraittee of the Whole frora the
further consideration of so rauch of the secretary's
report as related to the assumption of the State
debts. The resolutions relating to the foreign and
domestic debts of the Union were then taken up
and agreed to ; and a coraraittee appointed to pre
pare and bring in a bill in pursuance of those
resolutions. The bill was reported on the 6th day
of May, and taken up for consideration in Com
mittee of the Whole, on the 19th of that raonth.
When the coraraittee had proceeded, for several
successive days, with the biU as far as the tAvelfth
section, Mr. Gerry -raoved to introduce into it a
provision for assuraing the State debts, and fund
ing thera on the sarae principles with the doraestic
debt of the Union.
This attempt to clog a raeasure of unquestiona
ble and adraitted propriety, by connecting with it a
proposition which, after long and deliberate consid-

108 LIFE AND TIMES OF MADISON.
eration, had been already twice rejected, naturally
produced a strong feeling of reprobation. A mo
tion Avas therefore made in the House, that the
Comraittee of the Whole, having gone through aU
the essential provisions of the bill, should be dis
charged from the further consideration of the subject.
The raotion was, however, in a spirit of great lib
erality and forbearance, afterAvards withdrawn ; and
an opportunity afforded to the persevering cham
pions of assumption again to press their cherished
scherae on the Avearied attention of the body.-' At
the close of the second day of the discussion, the
motion to discharge the committee was renewed
and carried, and INIr. Gerry's proposition conse
quently defeated. Two days were then spent in
the House iii amending and corapleting the bUl
in its original shape, restricted to the foreign and
doraestic debt of the Union ; and in that shape it
was, on the 27th of May, ordered to be engrossed,
and, on the 2d of June, passed by the House of
Eepresentatives. We have thus traced this raeraorable question
through the various stages of a parliamentary
1 Mr. Ames of Massachusetts, gument of Mr. Madison, indulged
and Mr. Boudinot of New Jersey, himselfin a coarse and intemperate
availed themselves of this occasion, denunciation of it. " This speech,"
after a month's delay, to make very he said, " which he feared was de-
elaborate replies to Mr. Madison's signed to make an unfair and undue
speech of the 22d of April, which impression on the public mind, was
was felt by the partisans of assump- a performance, in his opinion, com-
tiou to be a stunning blow to their posed of unfounded facts, monstrous
cause. One of its leading advo- premises, and inconclusive deduc-
cates, Mr. Sedgwick, without at- tions." — Lloyd's Debates for 26th
tempting any refutation of the ar- May, 1790.

QUESTION CONNECTED WITH ASSUMPTION. 109
struggle, in one branch of the legislature, unprece
dented for the pertinacity and unyielding zeal of its
patrons. It was now to enter a new sign of the
political zodiac, with an obliquity and in a conjunc
tion Avhich made it exceedingly difficult to calculate
its future course. That the hope of final success,
by some means or other, had not yet been aban
doned, was evinced by the fact, that, on the very
day on Avhich the bill providing for the public debt
of the Union, disconnected from the State debts,
was ordered to be engrossed, resolutions for the
assumption of the latter, the sarae in substance
with Mr. Gerry's proposition, Avere again offered
and laid on the table of the House of Eepresenta
tives. It was under these circumstances that Mr.
Madison, on the 1st of June, wrote to Mr. Monroe,
" The assumption has been revived, and is still de
pending. I do not believe it will take place ; but
the event may possibly be governed by ckcum
stances not at present fully in view. The Funding
Bill for the proper debt of the United States is en
grossed for the last reading."
It was the critical pending of another question,
deeply interesting to raany parts of the Confed
eracy, which gave to the persevering friends of
assumption the hope of yet retrieving the fortunes
of thek long and hitherto unsuccessful struggle.
The sessions of Congress, and the residence of the
government in so eccentric a position as that of
New York, were attended with great and increasing
dissatisfaction to many of the States, — especially

110 LIFE AND TIMES OF MADISON.
Pennsylvania, DelaAvare, Maryland, Vkginia, and
the Southern States generally. A proposition had
been raade, both in the Senate and the House of
Eepresentatives, to hold the next session of Con
gress in PhUadelphia. It had been actually carried
in the House of Eepresentatives by a considerable
majority of votes, and was awaiting the action of
the Senate upon it, Avhen the bill providing for the
debt proper of the United States was sent up to
that body. The naked resolution for holding the
next session of Congress in PhUadelphia, as it
passed the House of Eepresentatives, was eventu
ally rejected in the Senate ; but, in lieu of it, the
larger and raore iraportant question of the perma
nent seat of govei-nraent Avas introduced and dis
cussed. It was carried on hand in hand with
the bill providing for the public debt, and with a
proposition offered by one of the senators of Con
necticut, Mr. Ellsworth, for assuming the State
debts. We do not propose to follow the detaUs and
various turns of this coraplicated garae of legislative
raanageraent and bargaining. Mr. Madison stood
aloof frora it, and his correspondence affords no
clue to its raysteries. The published letters of
Mr. Araes, however, contain some statements of a
deeply interested actor, which, whatever coloring
they raay derive frora the excited feelings of the
writer, cannot be overlooked, forming as they do,
in some sort, a part of the transaction itself. In a
letter of the llth of June, 1790, to his friend Mr.

LETTERS OF MR. AMES. Ill
Dwight, he says, with a draraatic display of indig
nation, —
" You have seen that we are sold by the Penn
sylvanians, and the assumption Avith it. They seem
to have bargained to prevent the latter, on the
terras of reraoving to PhUadelphia. It became ne
cessary to defeat this corrupt bargain. We had
voted in the House of Eepresentatives for Phila
delphia. The Senate disagreed. . . . Eather than
gratify the Pennsylvanians and coraplete thek bar
gain at the sarae tirae, we voted [to-day] for Balti
more, Avhich passed by two majority, to the infinite
mortification of the Pennsylvanians. . . . But, ray
dear sir, we gain useless victories. I care not
where Congress may sit. I would not find fault
with Fort Pitt, if -we could assurae the debts, and
proceed in peace and quietness. ... It is barely
possible for any business to be raore perplexed and
entangled than this has been. We have fasted,
watched, and prayed for the cause. I never knew
so rauch industry and perseverance exerted for any
cause. Mr. SedgAvick is a perfect slave to the busi
ness. Mr. Goodhue frowns all day long, and
swears as rauch as a good Christian can about the
perverseness of Congress."
To Mr. Mmot he writes on the 23d of June, " A
scheme has been ripening, and is agreed upon be
tween the Pennsylvanians and the Southern people,
to remove to Philadelphia, stay fifteen years, and fix
the permanent seat on the Potoraac. To do this,
and at the sarae tirae reject the assuraption, is such

112 LIFE AND TIMES OF MADISON.
an outrage upon the feelings of the Eastern people,
as,' I persuade myself, they dare not corarait : and as
our claira of justice' has been expressed in a loud
tone, and our reproaches 'and resentraents have been
reiterated since it was denied to us, they have be
corae afraid of consequences ; and as our zeal has
not relaxed, and every instrument of influence has
been tried, I think I see strong indications- of an
assent to the assuraption. . . . Mr. Morris [then in
the Senate frora Pennsylvania] is a zealous friend
of assuraption,^ though he has acted crookedly ; and
he has strong raotives to prevent the convulsions
which would ensue, if a bargain for PhUadelphia
should be supposed the cause of losing the meas
ure." On the 27th of June he Avrites again to his friend
Mr. Dwight, and in a tone of yet greater confidence
as to the success of this mixed game of terrorisin
and seduction : —
" Besides, consequences are feared. The New-
England States demand it [the assumption] as a
1 The assertion here made, that pondence of G. Morris, vol. iii.
Mr. Morris was a zealous friend of pp. 11-15, 17, 18. In the letter of
the assumption of the State debts, 31st October here referred to, Mr.
does not appear to be well fQunded. R. Morris says to his eorrespond-
It is notorious, that both he and his ent, " We are agreed in sentiment
fi-iend Mr. Gouverneur Morris, re- on every point touched in your
puted to be two of the ablest finan- letter " of 31st July ; and, in the
ciers of their day, disapproved de- letter of 31st July, Mr. G. Morris
cidedly of several features of Colo- had expressed strongly his dissent
nel Hamilton's plan. See the letter from the policy of assuming, in
of G. Morris to Robert Morris of gross, the State debts. See also
the 31st July, 1790, and the answer his ingenious paper on the "Fi-
of the latter of the 31st October, nances of America," written in
1790, in Sparks's Life and Corres- 1789, idem, pp. 469-478.

MR. JEFFERSON'S STATEMENT. 113
debt of justice, Avith a tone so loud and threatening,
that they fear the convulsions which would proba
bly ensue. Further, they are going to fix the resi
dence perraanently on the Potoraac, and by the
apostacy of Pennsylvania avUI do it ; reraoving, hoAV-
ever, imraediately to Philadelphia, and staying there
ten years. Two such injuries would be too rauch.
They dare not, I trust, carry Congress so far South,
and leave the debts upon us. Eobert Morris, too,
is really warra for the assuraption ; and, as he is the
factotum in the business, he wUl not fail to insist
upon the original friends of it, and who have ever
been the raajority, voting for it. With five Penn
sylvanians, our forraer aid frora that delegation, we
can carry it, or at least obtain four-fifths of the
debts to be assuraed. Accordingly, they begin to
say these violent feuds must be composed ; too
much is hazarded to break up in this temper.
Maryland is the most alarraed, as well as — next
to Virginia — most anxious for the Potomac. I
am beginning to be sanguine in the hope of suc
cess." To these revelations we must not omit to add
the testimony of Mr. Jefferson, who has given to
the world, in a very solemn form, his account of the
same transactions as they feU under his observation
at the time.
" This garae [speculation in the certificates of the
public debt of the Union] was over," he says, " and
another was on the carpet at the moment of ray
arrival ; and to this I was most ignorantly and inno-

114 LIFE AND TBIES OF MADISON.
centiy made to hold the candle. This fiscal manceu
vre is well knoAvn by the name of ' the assuraption.'
... It produced the raost bitter and angry contests
ever knoAvn in Congress, before or since the Union
of the States. I arrived in the midst of it. But a
stranger to the ground ; a stranger to the actors on
it ; so long absent as to have lost all farailiarity with
the subject, and as yet unaware of the. object of it,
— I took no concern in it. The great and trying
question, hoAvever, was lost in the House of Eepre
sentatives. . . . The Eastern raembers particularly,
— who, with Sraith frora South Carolina, were the
principal gamblers in these scenes, — threatened a
secession and dissolution.
" Hamilton was in despair. As I was going to
the President's one day, I met hira in the street.
He walked rae backward and forwards, before the
President's door, for half an hour. He painted
pathetically the teraper into which the legislatm-e
had been wrought ; the disgust of those who were
called the creditor States ; the danger of the seces
sion of thek members and the separation of the
States. ... I told him that I was really a stranger
to the whole subject ; that, not having yet informed
rayself of the systera of finance adopted, I knew not
how far this was a necessary sequence ; that, un
doubtedly, if its rejection endangered a dissolution
of our Union at this incipient stage, I should deem
that the raost unfortunate of all consequences, to
avert which all partial and temporary evils should
be yielded."

IMPORTANT BILLS PASSED. 115
The distinguished narrator then describes a meet
ing Avhich took place, the following day, at his
house, betAveen Colonel Hamilton and one or two
other parties, at which it was agreed to connect the
questions of assuraption and the seat of governraent ;
that the governraent should reraain for ten years at
Philadelphia, and be then perraanently transferred
to the Potomac ; that certain votes, which had
hitherto been given against assuraption, should be
changed, so as to allow that measure to pass ; " and
Harailton," then proceeds the narrative of Mr. Jef
ferson, " undertook to carry the other point. In
doing this, the infiuence he had established over
the Eastern merabers, with the agency of Eobert
Morris Avith those of the Middle States, effected his
side of the agreeraent ; and so the assuraption was
passed, and tAventy raillions of stock divided araong
favored States, and thrown in as a pabulura to the
stock-j ebbing • herd."
The journals of the. two Houses of Congress, as
far as their naked entries go, confirra this recital.
The bill for the establishment of the permanent
and teraporary seat of governraent, in conformity
to the programme agreed upon, passed the Senate
on the 1st day. of July, 1790, by a vote of four
teen to tweh'e. On the following day, the prop-
position of Mr. Ellsworth, for an assumption of
the State debts, was taken up, and referred to a
comraittee ; on whose report, the proposition, on
the 14th of July, received the sanction of the
Senate by the sarae majority, though differently

116 LIFE AND TIMES OF MADISON.
composed, and was afterwards incorporated into the
bill providing for the public debt of the Union,
which, with this araendraent, passed the Senate on
the 21st of July, by the unvarying, stereotyped vote
of fourteen to twelve. In the Hpuse of Eepresent
atives, the bill respecting the seat of governraent
passed on the 9th of July by a vote of thirty-two
to twenty-nine, precisely as it came from the Sen
ate ; and, on the 24th of July, the Senate's amend
raent to the bill relating to the public debt, and
in favor of the assuraption of the State debts,
was concurred in by the House, by a like vote of
thirty-two to tAventy-nine ; three or four members
who had forraerly voted against the assuraption,
having now changed their votes.^
Thus at last, and by so close and precarious a
vote, was terrainated this violent and protracted
contest which, for five months, had agitated and
convulsed the deliberations of Congress. In it
was, undoubtedly, laid the foundation of that new
division of parties which, under the distinctive
appellations of" Federalist" and " Eepublican," was
destined to become broader and deeper, until the
whole nation was ranged under the one banner or
1 The only merabers who are Union. (See his remarks in
generally mentioned as having Lloyd's Debates for 24th of May,
changed their votes on this occa- 1790.) The Journal of the House
sion are Mr. Richard Bland Lee of Representatives shows, however,
and Mr. Alexander White of Vir- that, besides these gentleraen, two
ginia ; of whom the former was not of the members from Maryland
so much opposed to the principle who had forraerly opposed assump-
of assumption of the State debts as tion, Mr. CarroU and Mr. Gale,
to connecting it with the biU pro- now voted for the Senate's amend-
viding for the proper, debt of the ment.

TRIUMPH OF ASSUMPTION. 117
the other. The leading and vital principle of the
assumption was, by an enlargement of the national
debt, to extend the infiuence of the national gov
ernment ; to subsidize a powerful monied interest
to its support ; to establish through that interest a
control over the legislative department ; and by de
grees to impart a tone and energy to the Federal
Constitution far beyond the views of its framers, or
the expectations and consent of the people by whom
it Avas accepted. This policy, as we have already
seen, was shadowed forth in the report of the sec
retary of the treasury, and raore openly avowed by
him m his correspondence, and Avas raade no secret
of by those raost in his confidence.^
The final triumph of the measure, by the cora
binations which the talents, industry, and dexterity
1 Colonel Harailton early de- cer of the treasury departraent most
clared, that the object of what he in the confidence of Colonel Ham-
called "a good administration" ilton, and afterwards his successor
should be " to acquire for the Fed- as head of the department, did not
eral governraent more consistency hesitate to avow, in a confidential
ilian the Constitution seeras to prom- letier, that the assumption was
ise for so great a country. It solely to be justifled as a political
may then triuraph altogether over engine. (Oliver Wolcott to his
the State governraents, and re- father, in Gibbs's Meraoirs, &c.,
duce thera to an entire subordina- vol. i. p. 43.) If the object of the
tion, dividing the larger States assumption had been simply justice
into smaller districts. The organs to the creditor States, that end
of the general government may also would have been fully attained, as
acquire additional strength." (See Mr. Gallatin clearly showed some
Impressions as to the new Constitu- years afterwards, by assuming
tion, 1787, in Hamilton's Works, $11,609,259 instead of $21,789,371,
vol. II. p. 421.) This furnishes the the amount actually assuraed; and
clew to all of Colonel Hamilton's a purely gratuitous debt of raore
administrative policy, as well as to than ten milUons of dollars would
the particular policy of the assump- have been thus saved to the United
tion. States. See Gallatin's " Views " of
With regard to the latter, an offi- Finances of U.S., 1800, pp. 20, 21.

118 LIFE AND TIMES OF MADISON.
of its author organized, installed him at once in the
position of a powerful party chieftain. A distin
guished historian of the times, and of the same
political connection as the secretary, thus speaks of
the event and its consequences : " The effect of this
measure was great and rapid. The public paper
suddenly rose, and was, for a short tirae, above par.
The imraense wealth Avhich individuals acquked by
this unexpected appreciation could not be vicAved
with indifference. Those who participated in its
advantages regarded the author of a system, to
which they were so greatly indebted, with an en
thusiasm of attachment to which scarcely any limits
were assigned." ^
In proportion to this enthusiasm for their chief,
was the intolerance and bitterness they indulged
towards those who had opposed their favorite
scherae. Mr. Madison was the special object of
thek denunciations. They had counted on him as
being a well-known friend and supporter of the
Constitution; assuming without authority, and in
disregard of all moral considerations, that he must
needs be in favor of any raeasure which promised,
by whatever raeans, additional strength to the na
tional authority. He held his course unfaltering,
in serene disdain of the violence and injustice of
his assailants ; leaving it to tirae and the ultiraate
enlightened opinion of the world to vindicate the
moral consistency of his conduct, as well as the
wisdom and sagacity of his statesmanship.
' See MarshaU's Life of Washington, vol. ii. p. 191.

AN UNFOUNDED CHARGE DISPROATED. 119

NOTE.
There was one charge afterwards brought against Mr. Madison, in
connection with this fruitful party theme, and countenanced by Colonel
HamUton himself (see his letter to Colonel Carrington, in Hist. Am. Rep.,
quoted post, chap. xlv. of this work), which requires to be noticed. It
was alleged that, notwithstanding the solemnity with which the national
fiiith had been pledged by the Funding Act, Mr. Madison held that u
fuiure Congress might with propriety repeal it, on the principle that the legislative
authority "had no right to bind posterity." It so happened that, at the very
time the debates were pending in Congress on the report of the secretary,
Mr. Madison wrote an elaborate letter to Mr. Jefferson, expressly declar
ing his dissent from this doctrine.
In the general agitation of men's minds on the fundamental principles
of government at the breaking out of the revolution in France, Mr. Jef
ferson, with his characteristic boldness of speculation, broached the idea,
that one generation cannot lawfully bind another. This idea he developed,
at considerable length, in a letter addressed to Mr. Madison from Paris,
on the 6tli of September, 1789, and invited him to bring to its considera
tion those powers of " cogent logic," which, he added, " are so peculiarly
yours." Mr. Madison not having received this letter through the usual
channel of communication fi-om France, Mr. Jefl'erson, after his return to
America, sent him a copy of it from MonticeUo. Notwithstanding the
heavy pressure of his congressional duties, Mr. Madison took time to
reply to the speculations of Mr. Jefierson, in a letter remarkable, certainly,
for the cogency of its profound and unanswerable logic, and not less so for
the amiable and gentle courtesy with which he expressed his dissent fi'om
the opinions of his senior and distinguished friend.
We give here the greater portion of this letter, not merely in disproof
of the unfounded imputations of his poUtical adversaries, but as a striking
iUustration of that justness and comprehensiveness of view denominated
by the great pioneer of inteUectual philosophy "a large, sound, round
about sense," i — looking at a subject on every side and in aU its bear
ings, — for which Mr. Madison was so eminently distinguished. The
letter aflfbrds, moreover, an interesting evidence of the manly and phUo
sophical freedom of opinion which prevaUed in the intercourse of the tVro
great republican statesmen, who, united by an equal zeal for the cause of
civil and religious liberty, and by the warmest personal attachment, never
permitted their cordiaUty to be disturbed by subordinate difl'erences of
opinion, or by any feeUng of jealous egotism and self-importance.
"New Tokk, 4tli February, 1790.
Dkak Sie, — Your favor of 9fh January, inclosing one of September last,
did not get to hand tiU a few days ago. The idea which the latter evolves is a
I Locke's Conduct of the Undeistandmg, sect. IU.

120 LIFE AND TIMES OF MADISON.
great one, and suggests many interesting reflections to legislators, particularly
when contracting and providing for pubUc debts. Whether it can be received
in the extent to which your reasonings carry it, is a question which I ought to
turn more in my thoughts than I have yet been able to do, before I should .be
justified in making up a full opinion upon it. My first thoughts lead me to
view the doctrine as not in all respects compatible with the course of human
affairs. I will endeavor to sketch the grounds of my scepticism.
" As the earth belongs to the living, not to the dead, a Uving generation can
bind itself only; in every society the will of the majority binds the whole; ac
cording to the laws of mortality, a majority of those, ripe for the exercise of their
will, do not live beyond the term of nineteen years ; to this term, then, is limited
the validity of every act of the society ; nor can any act be continued beyond
this term, without an express declaration of the public wiU." This I understand
to be the outline of the argument.
The acts of a political society may be divided into three classes : —
I. The fundamental constitution of the government.
II. Laws involving some stipulation which renders them irrevocable at the
will of the legislature.
III. Laws involving uo such irrevocable quality.
1. However appUcable in theory the doctrine may be to n, constitution, it
seems liable in practice to some weighty objections.
Would not a government, ceasing of necessity at the end of a given term,
nnless prolonged by some constitutional act previous to its expiration, be too
subject to the casualty and consequences of an interregnura?
AVould not a government, so often revived, become too mutable and novel to
retain that share of prejudice in its favor which is a salutary aid to the most
rational government?
Would not such a periodical revision engender pernicious factions, that might
not otherwise come into existence, and agitate the public mind more frequently
and more violently than might be expedient?
2. In the second class of acts, involving stipulations, mnst not exceptions, at
least to the doctrine, be admitted?
If the earth be the gift of nature to the living, their title can extend to the
earth in its natural state only. The improvements made by the dead form a debt
against the living, who take the benefit of them. This debt cannot be otherwise
discharged thau by a proportional obedience to the wUl of the authors of the
improvements. But a case less liable to be controverted may, perhaps, be stated. Debts may
be incurred with a direct view to the interest of the unborn as well as of the
living. Such are debts for repelling a conquest, the evils of which descend
through many generations. Debts may, even, be incurred principally for the
benefit of po.'sterity. Such, perhaps, is the debt incurred by the'United States.
In these instances, the debts might not be dischargeable within the term of nine
teen years.
There seems, then, to be some foundation in the nature of things — in the
relation which one generation bears to another — for the descent of obligations
from one to another. Equity may require it. Mutual good may be promoted
by it. And all that seems indispensable, in stating the account between the
dead and the living, is to see that the debits against the latter do not exceed

THE WILL or A MAJORITY. 121

the advances made by the former. Few ofthe incnmbrances entailed on nations
by their predecessors will bear a liquidation, even on this principle.
S. Objections to the doctrine, as applied to the third class of acts, must be
mereh' practical. But, in that view alone, they appear to be material.
Unless such temporary acts should be kept in force by acts regularly antici
pating their expiration, all the rights depending on positive laws, that is, most
of the riglits of property, would become absolutely defunct^ and the most violent
struggles ensue between the parties interested in reviving and those interested
in reforming the antecedent state of property. Nor does it seem improbable
that such an ovL'iit might be suffered tn take place. The checks and difficulties
opposed to the passage of laws, which render the power of repeal interior to an
opportunity to reject as a secm-ity against oppression^ would here render tiie latter
a7i insecure provision against anarchy.
Add to this, that the veiy possibility of an event so hazardous to the rights
of property could not but depreciate its value; that the approach of the crisis
would increase the effect; that the frequent return of periods superseding sill the
obligations depending on antecedent laws and usages must, by weakening the
sense of them, co-operate with motives to licentiousness already too powerful;
and that the general uncertaint}' and vicissitudes of such a state of things would,
on one side, discourage every useful effort of steady industry pursued under the
sanction of exi-^ting laws; and, on the other, give an immediate advantage to
the more sagacious over the less sagacious part of the societ}'.
I can find no relief from such embarrassments but in the received doctrine, that
a tacit assent may be given to established governments and laws, and that this
a.'^scnt is to be inferred from the omission of an express revocation. It seems more
practicable to remed}"-, by well-constituted gMvernmeiits, the pestilent operation
of this doctrine in the unlimited sense in which it is at present received, than it
is to find a remedy tor the evils necessarily springing from an milimited admis
sion ofthe contrary doctrine.
Is it not doubtful whether it be possible to exclude wholly the idea of an
implied or tacit assent, without subverting the very foundation of civil society?
On what principle is it that the voice ofthe majority binds the minority? A
greater proportion might be required bythe fundamental constitution of society,
if, under any p irticular circumstances, it were judged eligible. Prior, therefore,
to the establishment of this principle, wnanimeVz/ was necessary; and rigid theoiy,
accordingly, presupposes the assent of every individual to the rule which subjects
the minority to the will of the majority. If this assent ciinnot be given tacitly, or
be not implied where no positive evidence forbids, no person born in society
could, on attaining ripe age, be bound by any acts ofthe majority; and either a
unanimous renewal of every law would be necessary, as often as a new inember
should be admitted to the society, or the express consent of every new member
be obtained fo the rule by which the majority decides for the whole."
The enlightened reader cannot fail to be struck with the remarkable
manner in which these reasonings of Mr. Madison, on the nature and ori
gin ofthe rule by which the will ofa majority is made to stand for that of
the whole society, anticipated tlie philosophical speculations of Burke, a
year later, on the same intricate question.
" The power of acting by a majority," says the philosophical statesman

122 LIFE AND TIMES OF MADISON.
of England, " which the gentlemen theorists seem to assume so readily,
after they have violated the contract out of which it has arisen, must be
grounded on two assumptions : first, that of an incorporation produced by
unanimity; and, secondly, a unanimous agreement that the act of a mere
majority (say of one) shaU pass with them and with others as the act of
the whole. AVe are so Uttle affected by things which are habitual, that
we consider this idea of the decision of a majority as if it were a law of our
original nature. But such constructive whole, residing in a part only, is one
of the most violent fictions of positive law that ever has been or can be
made on the principle of artificial incorporation. . . . This mode of deci
sion, where wills may be so nearly equal ; where, according to circum
stances, the smaller number may be the stronger force ; and where
apparent reason may be all on one side, and on the other Uttle else thau
impetuous appetite, — all this must be the result of a very particular and
special convention, confirmed afterwards by long habits of obedience, by a
sort of discipUne in society, and by a strong hand, vested with stationary,
permanent power to enforce this sort of constructive general wiU. AVhat
organ it is that shall declare the corporate mind is so much a matter
of positive arrangement, that several states, for the validity of several of
their acts, have required a proportion of voices much greater than that
of a mere majority.'' — Appeal from the New to the Old AVhigs, 1791,
Burke's Works, vol. vi. pp. 211, 212.

CHAPTER XLI.
Continuation of Session of Congress — BiU for Periodical Enumeration of
Inhabitants — Mi-. Madison suggests the Importance of making it the
Occasion of obtaining, from Time to Time, various Statistical Informa
tion, throwing Light on the Industrial Progress and Interests of the
Nation — Bill for establishing Uniform Rule of Naturalization — ¦ Views
of Mr. Madison with Regard to the Cautions to be observed in the En
couragement of Foreign Immigration — . Petition of Society of Quakers
respecting Abolition of Slavery and Slave Trade — Excitement pro
duced among Eepresentatives of some of the Southern States — More
sober Views of Mr. Madison and of Delegation of Virginia prevail —
Eesolutions adopted by Congress — Question of counteracting Com
mercial Regulations of Great Britain again brought up by Petition from
New Hampshire — Mr. Madison ag.ain proposes Special Discriminat
ing Duties on Navigation of Countries not having Commercial Trea
ties with the United States — AVarmly opposed by Messrs. Ames and
Sedgwick of Massachusetts, Mr. Lawrance of New York, and Mr.
Smith of South CaroUna — Triumphant Reply of Mr. Madison — His
Proposition, favorably received at first, defeated by Combination of
Interests connected with British Trade — He next proposes, in Dis
tinct Resolutions, a Specific Retaliation of the Unfriendly Eestrictions
of Foreign Powers, by returning, in Each Case, Like for Like — These
Eesolutions, by the same Adverse Influence, postponed, without being
acted on — Eesolutions in Honor of Dr. Franklin off'ered by him —
Anecdotes of his Intercourse with Dr. FrankUn — Congress adjourns
— Dissatisfaction, especially in the Southern States, with its Financial
Measures, proposed by Secretary of the Treasury — The Existence of
this Dissatisfaction communicated to AVashington — His Answer — A
Distinguished Correspondent of Mr. Madison, and Original Friend of
the Constitution, expresses his Dissatisfaction, even to hinting a Sep-

124 LUFE AND TIMES OF MADISON.
aration of the States — Mr. Madison counsels Moderation, and a Steady
Pursuit of Constitutional Remedies — Republican Statesmen discoun
tenance every Suggestion of Disunion — Remarkable Letter of Mr.
Jeff'erson— -Firm Eemonstrance of Legislature of Virginia against
Assumption of State Debts— Colonel Hamilton's Inconsistent Denun
ciation of the Interference of a State Legislature.
Besides the important questions presented by the
report of the secretary of the treasury for the sup
port of public credit, which furnished the principal
subject of the deliberations of Congress during its
present session, other questions of much interest
from time to time engaged its attention. Among
these, one of the earliest that came before it, under
the express injunction of the Constitution, was a
legislative provision for a periodical enumeration of
the inhabitants of'the country, as the basis of Fed
eral representation and direct taxes. A committee
of one member for each State was appointed to
prepare and bring in a bill for the pm-pose.
The bill reported had in view only the collective
population of the several States, without reference
to the different classes into which it was distrib
uted. It at once occurred to the mind of Mr.
Madison, trained to habits of enlarged inquiry,
that an analytical and classified enumeration, pre
senting a AdeAV of the component parts of the
population, as distinguished by their respective
industrial pursuits, would furnish data of the
highest interest to the legislator and statesman.
He, therefore, moved to engraft upon the bill a
provision of that nature.

PLAN FOE STATISTICAL INEORMATION. 125
The proposition was in advance of the political
education of the times. No provision of the sort
had yet been introduced in Europe or America.
It preceded by twenty years a similar 'provision
carried into effect by the English Parliament in
1810,^ and afterwards copied and amplified in the
United States. The original suggestion belongs to
Mr. Madison, and deserves to be recorded as a
proof of his enlightened and comprehensive states
manship. The proposition was introduced with
these remarks : —
" Mr. Madison observed that they had now an
opportunity of obtaining the most useful informa
tion for those who should hereafter be called upon
to legislate for their country, if this bill was ex
tended so as to embrace some other objects besides
the bare enumeration of inhabitants. It would
enable them to adapt the public measures to the
particular circumstances of the community. In
order to know the various interests of the United
States, it was necessary that the description of the
several classes into which the community was
divided should be accurately knoAvn.
" This kind of information, he observed, all legis
latures had wished for ; but it had never yet been
obtained in any country. He Avished, therefore, to
avail himself of the present opportunity of accom
plishing so valuable a purpose. If the plan was
pursued in taking every future census, it would
give them the means of marking the progress of
1 See Porter's Progress of the Nation, vol. i. pp. 60, 61.

126 LIFE AND TIMES OF MADISON.
the society, and distinguishing the groAvth of every
interest. This Avould furnish ground for many
useful calculations, and at the same time ansAver
the purpose of a check on the officers employed to
make the enumeration ; forasmuch, as the aggre
gate number was divided into parts, any imposition
might be discovered with proportionable ease. If
these ideas met the approbation of the House, he
hoped they would pass over the schedule in the
second clause of the bill, and he Avould endeavor
to prepare something to accomplish this object."
That part of the bill was accordingly passed
over; and, on the foUoAviiig day, Mr. Madison pre
pared an enlarged schedule, according to the ideas
he had suggested, Avhicli was agreed to by the
House, and incorporated into the bill. But, in the
mutations Avhich the bill subsequently underwent
between the Senate and the House, the provision
engrafted upon it was lost, — destined, however, to
re-appear and take its place in the statute-book
nearly half a century afterwards. Thus early did
Mr. Madison lead the way in pointing out the im
portance of those statistical returns, which have
since proved an indispensable guide to the labors
of the legislator, as well as to the speculations of
the political philosopher.
Another subject, which early attracted the atten
tion of this Congress, was the establishment under
the Constitution of a uniform rule for the natu
ralization of foreigners. On the discussion of the
bill introduced for that purpose, it soon became

POLICY AS TO FOREIGN IMMIGRATION. 127
apparent that the policy of promoting a rapid set
tlement of the extensive, vacant territory of the
United States, by immigration from abroad, exer
cised a very unfortunate influence on the views of
many of the members, in favor of too easy an ad
mission of foreigners to the rights of citizenship. ¦*
Mr. Madison sought to countervail this tendency,
by calling the attention of the House to considera
tions of a higher nature than those connected with
fUling up the country by an accession of mere brute
numbers. " When we are considering," he said, " the ad
vantages that may result from an easy mode of
naturalization, we ought also to consider the cau
tions necessary to guard against abuses. It is no
doubt very desirable that we should hold out as
many inducements as possible for the worthy part
of mankind to come and settle amongst us, and
throw in their fortunes into a common lot with
ours. But Avhy is this desirable 1, Not merely to
swell the catalogue of people. No, sir: 'tis to in
crease the wealth and strength of the community ;
and those who acquire the rights of citizenship,
without adding to the wealth or strength of the
community, are not the people we are m Avant of.
... I should be exceedingly sorry, sk, that our
1 See Lloyd's Debates for 3d domain, ari asylum for the op-
and 4th of February, 1790. Con- pressed and persecuted of aU na-
curring with the policy here men- tions. See remarks of Mr. Page of
tioned, was the more generous but Virginia, in the debate of 3d Feb-
visionary idea of making America, ruary, 1790.
with her free institutions and wide

128 LUFE AND TBIES OF MADISON.
rule of naturalization excluded a single person of
good fame, Avho really meant to incorporate himself
into' our society. On the other hand, I do not
Avish that any man should acquire the privilege,
but one Avho is a real addition to the wealth or
strength of the United States."
This appeal had no other effect at the moment
than to obtain an extension of the period of resi
dence required for naturalization from one year to
two, and to superadd the condition, that the appli
cant should be shown to be a person of " good char
acter." Reflection and experience soon brought the
conviction, that the rights of American citizenship
were too valuable in themselves, and too potential
for good or evil, to be acquired at so cheap a rate ;
and, a feAV years afterAvards, a law, in the prepara
tion of which Mr. Madison, as Ave shall see, had a
leading agency, was passed, requiring a probation
ary residence of five years instead of two ; and that
it should appear to the satisfaction of the court,
that the applicant had not only behaved as a man
of good moral character, but is " attached to the
Constitution of the United States, and well disposed.
to the good order and happiness of the same," —
a provision which, in practice, unfortunately has
been too often treated as a hollow formality, and
not as a Adtal and substantive condition, as it was
intended by the framers of the law to be.-'
1 See the act of January, 1795, second session of the third Con-
and the debates upon it as reported gress.
in the Annals of Congress for the

ABOLITION PETITIONS. 129
As soon as these questions were disposed of,
another of a very delicate character occurred, which
gave rise to a very excited and painful discussion.
On the llth of February, a petition was presented
from the Society of Quakers, praying Congress " to
exert their upright endeavors, to the full extent
of their powers, for the abolition of the African
slave-trade ; " and, on the next day, it was followed
by one from an association of individuals in Penn
sylvania, formed several years before, for promoting
the abolition of slavery, and now asking Congress
" to devise means, and step to the very verge of
their powers, for removing this inconsistency from
the character of the American people." The first
object was expressly placed, for the time being,
beyond the reach of Congress, by the provision in
the Constitution, declaring that " the importation
of such persons as any of the States now existing
shall think proper to admit, shall not be prohibited
by Congress prior to the year 1808 ; " and the
latter was as clearly not within the legitimate
scope of any of the powers delegated by the Con
stitution to the national authority.
The delegates of the two southernmost States,
Georgia and South Carolina, and one of the dele
gates of Maryland, Mr. Stone, met these petitions,
on their presentation, with indignant denuncia
tions, and warmly resisted the motion made for
their reference to a committee. A large majority
of the delegation of Virginia took a calmer and
more temperate view of the subject, and contended,

130 LIFE AND TIMES OF MADISON.
that, as the question was now of the fu'st impres
sion, good Avould be done by referring it to a com
mittee, and obtaining a report from them on the
limitation of the powers of Congress with reference
to the subject-matter of the petitions. This Avas
particularly the view of Mr. Madison. He said,
" The debate has taken a serious turn, and it wiU
be oAving to this alone if an alarm is excited ; for,
had the memorial been treated in the usual way, it
would have been considered a matter of course,
and a report might have been made so as to give
general satisfaction. If there was the slightest
tendency by the commitment to break in upon
the Constitution, he would object to it ; but he did
not see on Avhat ground such an event was to be
apprehended." ^
These sentiments prevailed ; and the petitions
were referred by a vote of forty-three to eleven.
The committee made their report on the Sth of
March, declaring that the general government is
expressly restrained from prohibiting the African
slave-trade, in any of the States where it is alloAved,
prior to 1808 ; that it is equally restrained, by a
fair construction of the Constitution, from inter
fering in the emancipation of slaves, or in any of
the internal regulations of the States relating to
slavery ; and that it can, for the present, exercise
no power with regard to the African slave-trade,
but to impose a duty on the importation of slaves,
not exceeding ten dollars for each person, provide
1 See Lloyd's Debates, vol. iii. p. 337.

ACTION OF COMMITTEE OF THE WHOLE. 131
for their humane treatment on the passage, and
interdict American citizens from engaging in the
foreign slave-trade.
The report of the committee Avas taken up for
consideration in a Committee of the Whole House
on the 16th of March, and was the subject of a
heated and discordant debate for six days. Although
the principles of the report were such as the slave-
holding States could not object to, but, on the con
trary, were in conformity to that construction of the
Constitution for which those States contended, the
delegations of the extreme Southern States continued
warmly to resist any action upon the subject ; and,
meeting with support from persons of very different
views among the Representatives of some of the
other States, it was Avith great difficulty that any
solution of this vexed question was arrived at. The
Committee of the Whole, without making any
change in the principles of the special report, con
densed them into a briefer and simpler expression,
and reported them, in that modified form, to the
House. Finally, on the motion of Mr. Madison,^
1 That this motion was made by dated the 21st of March, 1790, —
Mr. Madison appears from the cor- two days before the motion referred
respondence of Fisher Ames, who to, — he freely expressed his con-
was opposed both to the resolutions demnation of the intemperance of
of the committee and to Mr. Madi- the debate on the part of extreme
son's motion to enter them on the Southern members, which he
journal; because, he said. Congress thought as ill-judged in policy as
would be thereby " pledged to dog- deficient in dignity and good taste.
mas which may hereafter be de- " The true policy of the Southern
nied." — Life and Works of Araes, . members," he said, "was to let the
vol. I. p. 76. In a letter from Mr. affair proceed with as Uttle noise as
Madison to Edmund Randolph, possible, and to have made use of

132 LIFE AND TIMES OF MADISON.
both reports were entered at large on the jour
nal of the House, to remain there, a solemn and
perpetual testimony of the adhesion of the Rep
resentatives of the nation to those principles of
constitutional good faith which could alone secure
the peace and stability of the Union. They had the
happy effect of closing a fruitful som'ce of discord
for near thirty years, when, by an evil destiny, the
spirit of fanatical agitation, directed by political
ambition, found means to elude the settlement of
1790, and again opened this fountain of bitter
waters. Near the close of the session, the illiberal and
unjust commercial policy of England towards the
United States again came under the consideration
of Congress. A petition was presented from the
merchants and inhabitants of Portsmouth, N.H.,
praying Congress to adopt measures to prevent
foreigners from carrying the productions of the
United States to any port or place where our
citizens were not aUowed to enter with their ves
sels engaged in the same trade. The petition had
specially in view the regulations of the British gov
ernment excluding American vessels from the trade
with the British West Indies and the other colonial
dependencies of that power. It was referred to a
committee, which reported a resolution for raising
the tonnage duty on foreign vessels generally from
fifty to one hundred cents per ton.
the occasion to obtain, along with gress, a recognition of the restraints
an assertion of the powers of Con- imposed by the Constitution.''

DISCRIMINATING DUTIES PROPOSED. 133
Mr. Madison thought this indiscriminate increase
of duty on the vessels of all foreign nations, Avith
out regard to their different systems of commercial
policy towards us, both unjust and unwise ; as con
founding in the same treatment friendly with un
friendly powers, and provoking all alike to make
common cause in resentment of our regulations.'
Pie pointed out particularly the advantageous foot
ing on which France had placed our trade with
her in the leading articles of whale-oil, rice, to
bacco, grain and flour, salted provisions, and ships
built in the United States, as Avell as in the direct
intercourse with her West-India colonies ; and ex
pressed the opinion, that, if this trade were encour
aged by a proper spirit of reciprocity on our part,
it Avould probably become " of three times greater
benefit to the United States than that of any other
commercial country whatever." He proposed,
therefore, instead of a general and indiscriminate
increase of the duty on all foreign vessels, to make
the increase apply only to the vessels of " powers
not in commercial treaty with the United States ; "
doubling the duty on such vessels at first, increas
ing it still further after a certain fixed period, and
1 It soon happened, accordingly, several important privileges, for-
tliat France protested with great merly granted to American trade
energy against the application to and navigation in her ports. — See
her of the discriminating tonnage letters of Monsieur Otto to Mr. Jef-
duty previously laid on foreign ves- ferson, of December, 1790, and Jan-
sels, as not corresponding to the uary, 1791 ; Mr. Jefferson's report
Uberal commercial policy she had to the President on the subject,
pursued towards the United States ; and also his report in 1793 to Con-
and subsequently she withdrew gress.

134 LIFE AND TIMES OF MADISON.
finally, after a yet later period, withdraAving from
them altogether the priAdlege of " exporting from
the United States any unmanufactured article, the
groAvth and produce of the United States."
The proposition was warmly opposed by Mr.
Ames and Mr. Sedgwick of Massachusetts, Mr.
Lawrance of New York, and Mr. Smith of South
Carolina, on the ground, mainly, that it would lead
to retaliatory measures by Great Britain, involving
the probable suspension of all trade between the
two countries. To show how visionary this appre
hension was, Mr. Madison entered into a particular
analysis of the commerce of Great Britain with the
United States, exhibiting the annual amount of her
exports and imports to and from the United States,
the number of her vessels and seamen employed in
the navigation between the two countries, and the
vital dependence of her West-India Islands on
American custom and supplies. He then asked, —
" Is it conceivable that Great Britain would give
up all these advantages, rather than put the com
merce of the two countries on such a footing as
would be reasonable and reciprocal? That she
would throw away, and into her rival's hands, too,
a freight of near half a million sterling 1 That she
could bear to see between five and six hundred
vessels rotting in port, or sold to others to be em
ployed in a business sacrificed by her] What
would become of seven or eight thousand seamen
thus turned out of employment ] And would they
not enter into the service of other nations, and par-

OBJECTIONS ANSWERED. 135
ticularly of the United States, to be employed in
the exportation of our produce ?
" He took notice of the immense loss that would
be sustained by the British merchants on the capi
tal employed in the American trade, particularly
that of rice and tobacco, — the former amounting
to one hundred thousand barrels annually, the lat
ter to near the same number of hogsheads. . . . The
manufacturers, he said, would be still more dis
tressed by the want of the American market.
Many articles which were luxuries to this country,
and which it would be better without, gave bread
to that class of people. . . . He said that Great
Britain would be the more unwilling to risk an
interruption of her trade to the United States, be
cause it Avould hasten the establishment of Ameri
can manufactures, which she had always endeavored
to prevent, and thereby cut off for ever this impor
tant market for her.
" As to the British West Indies, it had been fully
shown that they could neither prosper nor subsist
without the market of the United States. They
were fed from our granaries. Without our lum
ber, which it Avas admitted could be supplied no
where else, they could not carry on their trade, or
support their establishments. In the sale of their
rum, on which the profits of their labor essentially
depended, they had no resource but in the con
sumption of this country. ... In the case of war,
which happened every ten or twelve years, or a
season of famine, which happened every three or

136 LIFE AND TIMES OF MADISON.
four, he said the condition of the British Islands
must evidently be such, that their government could
not fail to provide against the contingency by proper
concessions, unless they should infer from our con
duct that such concessions are unnecessary." '
So great was the impression made by these pow
erful statements of Mr. Madison, that the House,
in spite of the strong phalanx arrayed against him,
adopted the resolution proposed by him, by a major
ity of thirty-two to nineteen ; and appointed a com
mittee, of Avhich he was chairman, to prepare and
bring in a bill pursuant to the resolution. The bill
was reported by him three days afterwards, — the
1 7th of May ; and, on the 1 9th of that month, he
wrote to a friend in Virginia,® expressing sanguine
anticipations of its passage by both branches of Con
gress. " In consequence," he said, " of a petition
from New Hampshire, the subject of our commer
cial relation to England has been revived. A ma
jority ofthe House of RepresentatiA^es seem disposed
to make a pretty bold experiment ; and I think it
will meet Avith a very different reception in the Sen
ate from the measure tried at the last session."
The bill, however, was not taken up for consid
eration until several weeks later, — the 25th and
the 29th of June ; and, in the mean time, all the
interests and sympathies favorable to British mo
nopoly, and of which New York was the centre.

1 See Lloyd's Debates for 13th yet established in New York, to en-
and 14th February, 1790. ter regularly on the duties of his
2 Mr. Edmund Eandolph, not ofiSce as Attorney-General.

POLICY OF SPECIFIC RETALIATION. 137
were industriously brought to bear upon the delib
erations of Congress. The leading principle of the
measure — a just discrimination between nations
in commercial alliance with the United States, and
those who had refused to enter into any commer
cial arrangement with them — was finally rejected.
Mr. Madison was not discouraged by this unex
pected result from still pursuing, though in a some
what varied form, an object which he felt to be
vitally connected Avith the dignity and equal rights,
as well as interests, of the nation. On the foUoAV-
ing day, he again brought the subject to the notice
of the House, and proposed to apply the principle
of reciprocity, in its simplest and most obvious
form, to the existing state of the commercial re
lations with Great Britain.
According to the contemporary report of the
proceedings and debates of Congress, " he ad
duced several particulars to show that this reci
procity does not exist in our trade and intercourse
with Great Britain. While our shipping is ex
cluded from many of her ports, and admitted into
others under such restrictions as are nearly tanta
mount to a prohibition, their shipping is freely
admitted into all the ports, harbors, and bays of
the United States."
He therefore submitted two resolutions, declar
ing, first, that where the vessels of the United
States are excluded from a dhect trade with any
port or place under the jurisdiction of a foreign
power, the vessels of such foreign power shall be

138 LIFE AND TIMES OF MADISON.
prohibited in like manner from carrying on that
trade with the United States ; and, secondly, that
where the vessels of the United States are not
alloAved to carry to a foreign country any articles
except those Avhich are the growth, produce, or
manufacture of the United States, the vessels of
such foreign country shall not be allowed to bring
into the United States any articles not the growth,
produce, or manufacture of that country. NotAvith
standing the self-eAddent justice of these resolutions,
such Avas the nervous apprehension of provoking
the resentment of Great Britain, — the relic of colo
nial subordination, — and so subdued by itwas Con
gress, — under the active inculcation of the secretary
of the treasury, whose influence was now in the
ascendant, — that they shrank from acting upon
the proposition; and the subject Avas^os/po/iec?, and
not again taken up during the session.
Among the duties which devolved upon Mx.
Madison, during this session of Congress, was that
of announcing to the House the death of Franklin,
who closed his long and illustrious career of useful
ness and honor, at the age of eighty-four years and
three months, in the city of Philadelphia, on the 17th
day of April, 1790. To no member did this privi
leged duty so properly belong as to Mr. Madison,
as well on account of his eminent standing among
his colleagues, as of the intimate relations which,
for the last four years, had subsisted between him
and the departed philosopher and sage. On the
22d of AprU, he offered the foUowing resolution,

HONORS TO THE MEMORY OF FRANKLIN. 139
which was unanimously adopted, and entered upon
the journal of the Plouse : —
" The House, being informed of the decease of
Benjamin Franklin, a citizen Avhose native genius
was not more an ornament to human nature than
the various exertions of it Avere precious to science,
to freedom, and to his country, do resolve, as a
mark of veneration due to his memory, to wear
the customary badge of mourning for one month."
On no tomb were nobler tributes ever laid by
a zealous rivalry of veneration and affection, than
on that of Franklin. Mirabeau in the National
Assembly of France, Condorcet in the French
Academy of Sciences, La Rochefoucauld before
"The Society of 1789" (afterward the Feuillants),
united their eloquent voices with those of his native
land, to celebrate the genius, the Avisdom, the vir
tues, the beneficence of the great American, Avho was
alike the friend of humanity and of his country.^
On the 12th day of August, 1790, Congress ad
journed, to meet in Philadelphia on the first Mon
day in December foUowmg. Its proceedings during
1 Among some detached memo- ing much of his conversation,
randa of Mr. Madison is found the which was always a feast to me. I
following account of his acquaint- never passed half an hour in his
ance and intercourse with Dr. company without hearing some ob-
Franklin : — servation or anecdote worth re-
" I did not become acquainted membering. Among those which
with Dr. Franklin tUl after his re- I have often repeated, and can be
turn from France, and election to sure, therefore, that my memory
the chief magistracy of Pennsylva- accurately retains, are the foUow-
nia. During the session of the ing."
grand convention, of which he was Mr. Madison then recounts half
a inember, and as long after as he a dozen instances, or more, of Dr.
lived, I had opportunities of enjoy- FrankUn's rare and felicitous power

140

LIFE AND TIMES OF MADISON.

the session just closed — especially the measures
which had grown out of the recommendations of
the secretary of the treasury — had profoundly agi
tated the public mind, and gave rise to a deep feel
ing of discouragement and dissatisfaction in many

of illustrating, and fixing in the
minds of his hearers, by familiar
incidents or parables, some of the
most profound truths of moral and
poUtical science. Of these we can
find room for only two, which are
the first related by him, and which
we give in the words of the nar
rator : —
" Previous to the convention,
and whilst the States were seeking
by their respective regulations to
enlarge as much as possible their
shares of the general commerce,
the Doctor, alluding to their jeal
ousies and competitions, remarked
that it would be best for aU of
them to let the trade be free ; in
which case the trade would level
itself, and leave to each its proper
share. These contests, he said,
put him in mind of what had onee
passed between a little boy and
Uttle girl, eating milk and bread
out of the same bowl. ' Brother,'
cried the little girl, 'eat on your
own side : you get more than your
share.' " In the convention, the differ
ence of opinion was often very
great ; and it occasionally happened
that the votes of the States were
equally divided, and the questions
undecided. On a particular day,
when several subjects of great im
portance were successively dis
cussed, and great diversity of
opinions expressed, it happened

that on each of them this was the
case ; so that nothing was done
during the whole day, and appear
ances were not a little discouraging
as to a successful issue of the un
dertaking. " After the adjournment, the
Doctor observed to several of us
who were near him, in allusion to
the poor sample which had been
given of human reason, that there
was on board a ship, in which he
once crossed the Atlantic, a man
who had from his birth been with
out the sense of smelling. On sitr
ting down to dinner one day, one
of the mess cut off a piece of beef,
and putting it to his nose, cried out,
' This beef stinks.' The one next
to him, cutting off and smelling a
piece, said, ' Not at all : it is as
sweet as any meat I ever smelled,'
A third, passing a piece across his
nose several times, — ' Stinks,' says
he: 'no; I believe not: yes; I be
Ueve it does,' — repeating the oppo
site opinions as often as he made
the trial. The same doubts and
contrarieties went round, as the
company, one after another, ex
pressed their opinions. 'Now,
gentlemen,' exclaimed the man
without the sense of smelUng, 'I
am convinced of what I have long
suspected, that what you caU smeU
ing has no existence, and that it is
nothing but mere fancy and preju
dice.' "

WIDE-SPREAD DISCONTENT. 141
parts of the Confederacy, — in the Southern States
particularly. The files of both General Washing
ton's and Mr. Madison's correspondence afford
abundant testimony to the wide-spread prevalence
of this feeling. A correspondent of the former
says, " It is represented that the Northern phalanx
is so firmly united as to bear doAvn all opposition ;
Avhile Virginia is unsupported, even by those whose
interests are similar to hers. Many who were
warm supporters of the government are said to be
changing their sentiments, from a conviction of the
impracticability of union with States whose inter
ests are so dissimilar to those of Virginia."
Two or three weeks later, the same correspondent
writes : " The late transactions of Congress have
soured the public mind to a great degree ; which
was just recovering from the fever which the slave
business had occasioned, Avhen the late much-agi
tated question of the State debts came on. . . . As
to the assumption of the State debts, I think I
should not be Avrong in saying, that there is as
near a unanimity of opinion for opposition as,, per
haps, could be expected on any subject. There
is in general, I think, in consequence of these tAvo
instances, a strong apprehension felt, that the pre
dictions relative to the grasping at power by un
warrantable constructions of the Constitution, will
be verified." ^
1 The two extracts here cited tial friend of General Washington ;
are from letters of Dr. David Stu- which see in Sparks's Washington,
art, a near neighbor and confiden- vol. x. pp. 82, 94, 95.

142 LIFE AND TIMES OF MADISON.
The ansAver of General Washington to the com
munications of his friend was marked by that
masculine common sense, and that collected wis
dom, Avhich guided all his reflections on public
affairs. " I am sorry," he said, " that such jealousies as
you speak of should be gaining ground, and are
poisoning the minds of the Southern people. But
admit the fact AA'hich is alleged as the cause of
them, and give it full scope, — does it amount to
more than was knoAvn to every man of information
before, at, and since the adoption of the Constitu
tion? Was it not always believed that there are
some points which peculiarly interest the Eastern
States'? And did any one Avho reads human na
ture, and more especially the character of the
Eastern people, conceive that they would not pur
sue them steadily by a combination of theu* force ?
Are there not other points which equally concern
the Southern States 1 If these States are less tena
cious of their interest; or if, Avhilst the Eastern
States move in a solid phalanx to effect their views,
the Southern are always divided, — which of the
two is most to be blamed 1
"That there is a diversity of interest in the
Union, none has denied. That this is the case
also in every State, is equally certain ; and that it
even extends to the- counties of individual States,
can be as easily proved. . . . These are well-known
truths ; and yet it did not follow that separation
was to result from the disagreement. . . . Common

LETTERS OF HENEY LEE. 143
danger brought the States into Confederacy, and
on their union our safety and importance depend.
A spirit of accommodation was the basis of the
present Constitution. . . . And I will ask another
question, of the highest magnitude in my muid, to
wit, if the Eastern and Northern States are dan
gerous in imion, will they be less so in separation?
If self-mterest is their governing principle, wiU it
forsake them, or be restrained by such an event]
I hardly think it AVOuld."^
The conimunications made to Mr. Madison, as to
the state of public sentiment in Virginia, Avere from
a gentleman who had filled various important pub
lic trusts in that State, who had been a zealous
advocate in her convention of the adoption of the
Federal Constitution, and who was soon to become
her chief magistrate by the voice of the representa
tives of the people.^ He Avas also a devoted friend
of the President, and a former companion in arms
and intimate personal friend of the secretary of the
treasury. In a long letter to Mr. Madison, of
the 4th of March, 1790, he enters into an elab
orate review of the funding system of Colonel
Hamilton, which he considered irreconcUable with
wisdom, justice, and the principles of a sound re
publican policy ; and deduces, from the countenance
it had met Avith in Congress, the most unfavorable

1 See Sparks's Washington, vol. legislative session in the autumn
X. pp. 83, 84. of 1791, and continued to fill that
'^ Colonel Henry Lee. He was oflSce during the years 1792, 1793,
elected governor of Virginia at the and 1794.

144 LIFE AND TIMES OF MADISON.
auguries to the peace and liberties of the Union.
He concludes with this emphatic expression: "It
seems to me that you must introduce real [direct]
taxation, and bring the seat of government near the
centre of territory, or the Southern States must be
slaves in effect, or else cut the Gordian knot at
once." In a letter of the 13 th of the same month, to Mr.
Madison, he says, " Your motion, which underwent
so much discussion, and met with such a decided
negative, is pleasing to the landed interest in this
country, and very much disrelished by the toAvn in
terest. ... It AvUl, I suppose, undergo the same
fate in Congress as aU other questions wiU, which,
in any degree, oppose the opinions and wishes of
the Northern people." And, in another letter of the
3d of AprU, he says, " On the score of propriety
and repose, I had determined to suppress my anx
ious attention to the prosperity of the national gov
ernment ; for I really know not what conduct I may
feel myself bound to observe, in consequence of the
mad policy which seems to direct the doings of Con
gress. " To disunite is dreadful to my mind ; but, dread
ful as it is, I consider it a lesser evil than union on
the present conditions. . . . Change of the seat of
government to the territorial centre, direct taxation,
and the abolition of gambling systems of finance,
might and would effect a material change. But
these suggestions are vain and idle. No policy
wUl be adopted by Congress, which does not more

LETTEES OF HENRY LEE.

145

or less tend to depress the South and exalt the
North." '
Mr. Madison, in replying to his correspondent,
while concurring in the strong sentence of condem
nation passed on certain measures of Federal policy,
tells him calmly, " I yet cannot feel all the despond-

1 Colonel Lee's dissatisfaction
with the leading measures of the
government continued unabated for
several years after the period re
ferred to in the text. We subjoin
a few additional extracts of his cor
respondence with Mr. Madison at
successive intervals, as throwing
important Ught on the early history
of parties subsequent to the adop
tion of the Constitution. In a let
ter of the 24th of August, 1791, a
few months after the Bank of the
United States had been chartered
by Congress, he gives the following
graphic account of his observations,
during a journey from PhUadelphia
to Virginia, of the pernicious and
re-awakened spirit of stock-jobbing
stimulated by that event : —
" My whole route presented to
me one combined scene of stock-
gambling. . . . Thousands, even at
this late hour, are entering into a
Une of life which they abhor, in
order to participate in legal spoil,
and preserve in some degree their
relative rank and station with their
neighbors. What is astonishing in
the business is, that all orders of
people seem to reckon this appre
ciation of the pubUc paper a posi
tive proof of wisdom and integrity
in government, and bestow with a
lavish hand their plaudits on those
to whose sagacity and conduct they
VOL. III.

consider these beneficent effects
attributable." On the 8th of January, 1792,
soon after his election to the chief
magistracy of Virginia, he says,
" Indelibly stained is the wisdom,
honor, and justice of the govern
ment by those fashionable treasu
ry schemes, imitative of the base
principles and wicked measures
adopted through necessity in cor
rupt monarchies, and long since
reprobated (though continued) by
the wise and good of the countries
where they exist. We, who ought
to have acted from ourselves, and
pursued an original course, founded
on the principle and pointed to the
end of making the people happy,
have belittled ourselves by engraft
ing on our vigorous stock the shoots
of decaying, bUghted fruit. ... I
thank you for the report on manu
factures. I had perused it in part
from the newspapers, and found it,
like every other production from
the same pen, plain and feasible,
and going to one point, to wit,
riveting on these States, faster and
faster, the principles and measures
heretofore adopted, and to me exe
crable." On the 29th of the same month,
he thus gives expression to his
poUtical feelings: "I admire the
Constitution, aud revere the princi-

10

146 LIFE AND TIMES OF MADISON.
ency Avhich you seem to give way to." ^ Like
Washington, he had too vivid a recollection of the
anarchy, disorders, and fatal defects of the late con
federation, to be Avilling to give up at once a system
which, with so much care and labor and anxiety,
had been substituted for it, because, owing to tempo
rary and unpropitious causes, not inherent in but
alien to the true genius of the system, some things
had been done, in the outset of the government,
contrary to the sense of justice and honest convic
tions of a large portion of its friends. These Avere
evils Avhich it Avas the peculiar prerogative and
happiness of republican institutions to correct, by
peaceful and constitutional resorts provided within
the framework of the system.
Nor did he despair of such peaceful correction.
Whatever had been the compacted and systematic
union of the Eastern and Northern States, in pur
suing some of the recent measures most loudly and

pies on which it is founded, and love minds of their constituents. In
affectionately the objects which it every transaction, something occurs
contemplated. AU that grieves me which excites suspicion of an un
is the perverseness of its adminis- due influence or a latent design,
tration. The effects heretofore inimical to the intention and true
produced are spurious, but hate spirit ofthe Constitution. . . . The
been so successful as to render, in fiscal arrangements I consider as
my judgment, a change of Constitu- the bottom of all the evils experi-
tion in operation certain, although enced, and to be experienced ; and
there will be no change, for a long I cannot cease to lament the fatal
time, in name." project introduced and carried by
In a letter of the 4th of April, my friend Hamilton, of whose head
1792, he makes these significant and heart I entertain the highest
remarks : " In the various doings sentiments of respect."
of Congress, it plainly appears that l Letter of 13th AprU, 1790.
very little regard is paid to the

CONSTITUTIONAL REMEDIES ADVOCATED. 147
justly complained of, that union would have been
unavailing to carry those measures, but for the co
operation of one of the leading Southern States, —
South Carolina. Mr. Madison, in profoundly medi
tating, as he had done, the securities for Southern
rights and interests under the Constitution, held
that, as long as the South was united in itself, it
would find in the interests and opinions of the Mid
dle States, and especially of the new States of the
West, if their sympathies and alliance were wisely
cultivated, a sufficient counterbalance, in general, to
the monopolizing and aggressive tendencies of the
Eastern States, even Avhen sustained by New York.^
With these prospects of the ultimate correction of
the deviations that had taken place from the true
spirit of the Constitution, and whUe that Constitu
tion, by its own silent and inherent energies, in spite
of errors of administration, was yielding fruits of the
highest value in the regenerated credit, industry, and
prosperity of the country, it seemed to him a rash
and blind statesmanship that would thus early and
lightly embark again on the sea of revolution.
He conceived it, on the contrary, to be the part
of patriotism and duty to remain fhrnly at his post ;
to continue to resist, with earnestness and decision,
the anti-republican measures Avhich his feelings and
judgment equally condemned ; never to Aveary in
efforts to vindicate the integrity and purity of the
Constitution, by the means which the Constitution
itself supplied ; and not to doubt of the final success
1 See ante, chap. xxx. p. 393, and note, p. 399.

148

LIFE AND TIMES OF MADISON.

of those efforts, however that success might, for a
season, be postponed. The thorough change of
measures, which, after a constitutional struggle of
ten years, was called for and enforced by the voice
of the nation, justified both his patriotism and his
foresight. And his unfaltering perseverance in
the line of action which a sober and conscientious
sense of duty prescribed to him, while others, who
embraced more intemperate counsels at first, fainted
by the way, added one more confirmation to the
truth, that no resolutions are so likely to be main
tained Avith firmness, as those which are adopted
with calmness and moderation.^

1 The great republican states
men of America ever deprecated
a dissolution of the Union, as a dire
ful alternative to be thought of only
in the last and most hopeless ex
tremity. It was, on the other hand,
as we have seen and shall continue
to see in the course of this narra
tive, the frequent menace and oft-
inculcated creed of their political
adversaries, especially in the New-
England States. Even in 1798,
when the hostile and dangerous
projects of the anti-republican par
ty, headed by a New-England Pres
ident and backed by the whole
power of the Eastem and Northern
States, were most threatening, Mr.
Jefferson, then the standard-bearer
of the RepubUcan party, most earn
estly discountenanced the sugges
tion of separation.
" In every free deUberating so
ciety," he said, "there must be,
from the nature of man, opposite
parties, and violent dissensions and

discords ; and one of these, for the
most part, must prevail over the
other, for a longer or shorter time.
Perhaps this party division is ne
cessary to induce each to watch and
delate to the people the proceed
ings of the other. But if, on a
temporary superiority of the one
party, the other is to resort to a
scission of the Union, no federal
government can ever exist. IS,
to rid ourselves of the present
rule of Massachusetts and Con
necticut, we break the Union, wiU
the evil stop there t . . .
" Seeing, therefore, that an asso
ciation of men who will not quarrel
with each other is a thing which
never yet existed, from the great
est confederacy of nations down to
a town-meeting or a vestry ; see
ing that we must have somebody to
quarrel with, — I had rather keep
our New-England associates for that
purpose, than to see our bickerings
transferred to others. They are

EEMONSTRANCE OF VIRGINIA LEGISLATURE. 149
The public dissatisfaction with the politico-finan
cial measures adopted by Congress, on the recom
mendation of the secretary of the treasury, was far
from being confined to the State of Virginia. It
prevailed in Pennsylvania to a very wide extent.
In the legislature of Maryland, a resolution, de
claring the assumption to be a measure dangerous
to the independent existence of the State govern
ments, failed only by the casting vote of the speaker.
In North Carolina and Georgia, the discontents were
deeply felt and loudly expressed. But in VUginia
they were embodied and proclaimed in a more im
posing form than elsewhere.
The legislature of that State, which met in Rich
mond in the autumn of 1790, felt themselves called
on, as guardians of the rights and interests of their
constituents, to express their opinions of the princi
ples and operation of the financial system recently
fastened upon the nation. After the adoption of
resolutions by the House of Delegates, expressive
in general terms of their opinions on the subject, a
committee of eleven Avas appointed, consisting in
nearly equal proportion of members AA'ho had ad
vocated and members who had opposed the adop
tion of the Federal Constitution, to embody the
circumscribed within such narrow tience, and we shall see the reign
Umits, and their population so full, of witches pass over, their spells
that their numbers will ever he the dissolved, and the people, recover-
minority ; and they are marked, ing their true sight, restoring their
like the Jews, with such a perver- government to its true principles."
sity of character, as to constitute — Letter to Colonel John Taylor,
from that circumstance the natural of CaroUne, 1st June, 1798.
division of our parties. A Uttle pa-

150 LIFE AND TIMES OF MADISON.
substance of those resolutions in a memorial to
Congrress. Mr. Corbin, a zealous advocate of the
Constitution in the late convention of Virginia, Avas
the chairman of the committee.-'
The memorial pronounced, in manly and vigor
ous terms, a condemnation of the provisions of the
Funding Act, as contrary to sound policy, to justice,
and to the principles of the Constitution. It con
demned, in particular, the restrictions placed on the
redeemabUity of the public debt, as derived from
the example of England, where the system had led
to a perpetuation of the debt, and engendered a
corrupt influence dangerous to liberty, and as calcu
lated, in this country, " to erect and concentrate a
large moneyed interest, which must, in the course
of events, produce one or other of two evfls, — the
prostration of agriculture at the feet of commerce ;
or a change in the present form of federal govem
ment, fatal to the existence of American liberty."
The sweeping assumption of the State debts was
represented as injurious and unjust to those States
which, by persevering and strenuous exertions, had
already discharged a considerable portion of the
debts incurred by them during the Avar of the Revo
lution ; and especially so to the State of Virginia,
which had " redeemed a large proportion of her debt
by the collection of heavy taxes levied on her citi
zens, and yet a heavy additional debt and taxes wiU
1 The committee was composed Holmes, Lee of Fairfax, Burnley,
of thefoUowingmembers, — Messrs. Kennon, Cropper, and Wormley, —
Corbin, Patrick Henry, Benjamin of whom the majority (seven) were
Harrison, ColonelHenry Lee, Callis, original friends of the Constitution.

INCONSISTENCY OF COLONEL HAMILTON. 151
now be entaUed on her, from Avhich she cannot be
relieved whilst any part of the debts contracted by
the other States, and assumed by the United States,
shall remain unpaid." The assumption was also
considered as transcending the legitimate powers
of Congress, according to a fair interpretation of
the Constitution. The memorial concluded by ex
pressing the hope, that " Congress will revise and
amend the Funding Act generally, and repeal in
particular so much of it as relates to the assump
tion of the State debts." This spkited remon
strance, after some modifications by the Senate,
was agreed to by both branches of the legislature,
and subsequently presented to Congress.
These proceedings of the legislature of Virginia
formed the first instance in which the legislature
of a State had exercised the right of remonstrating
against an act of the general government. Although
the power of State remonstrance was in accordance
with the general principles and spirit of free insti
tutions, and flowed dkectly from the genius and
structure of a federal system, of which it is indeed
an inseparable appendage, Colonel Hamilton de
nounced it, on this occasion, in terms of unmeasured
vehemence. In a letter to the chief-justice of the
United States, akeady referred to, he said, "This is
the fiurst symptom of a spirit which must either be
kUled, or will kUl the Constitution. I send the
resolutions to you, that it may be considered what
ought to be done. Ought not the collective weight
of the different parts of the government to be em-

152 LIFE AND TIMES OF MADISON.
ployed in exploding the principles they contain "? " *
And yet Colonel Hamilton, when recommending
the Constitution to the people for thek adoption,
ansAvered all thek doubts and apprehensions of en
croachment, by pointing Avith approving confidence
to the State legislatures, as sentinels who Avould
" sound the alarm if any thing improper should oc
cur in the conduct of the national rulers," and laid
it doAvn " as an axiom in our political system," that
the vigilance and warnings of the State govern
ments will, "in every contingency," prove the proper
and sufficient security " against invasions of the pub
lic liberty by the national authority." ^
1 See this letter in the Life of 2 gee papers of the FederaUst,
Jay, vol. II. pp. 202, 203. Nos. 26 and 28.

CHAPTER XLIL
Congress re-assembles in December, 1790 — Speech of the President —
Address of the House reported by Mr. Madison and unanimously
Adopted — Additional Taxes proposed by Secretary of the Treasury
to meet Assumption of State Debts — Excise on Distilled Spirits —
Course and Opinions of Madison with regard to it — Proposition for a
National Bank — Report of the Secretary of the -Treasury, recom
mending it — Character and Tendency of his Financial Projects —
Borrowed from English Examples — Bill for Incorporation of Bank
passed by the Senate — Debate upon it in the House opened by Mr.
Madison — He shows the Want of Constitutional Power in Congress to
Establish such an Institution — Latitudinarian Arguments of its Adver
saries — Answered by Mr. Madison in an Impressive Speech, closing
the Debate — Bill passed by a Vote strictly Geographical ; all the North
ern States voting for it, and the Southern against it — Embarrassments
of the President — His Cabinet equally divided in Opinion on Consti
tutionality of the Act — He suspends his Decision to the Last Moment
— Requests Mr. Madison to prepare a Veto for him, provisionally —
Finally aflSxes his Signature to the BiU, from Deference to the Action
of the Legislative Department, rather than from Conviction of his own
mind — Statement of Mr. Madison on the Subject — Political Ten
dency of Certain Acts of J^irst Congress — Progressive Divergence of
Parties — Political Creed of Colonel HamUton — Fundamental Princi
ple of Difference between his System and that of Mr. Madison — Pres
ident keeps aloof from Party Contentions — Resemblance between his
Position and that of William the Third in England — Party Differences
complicated by Questions growing out of the Foreign Relations of the
Country — Hostile and Inexcusable Conduct of Great Britain — Differ
ent Attitude of France — Popular Appreciation of her Past Services,
and Sympathy in her Present Struggle.

154 LIFE AND TIMES OF MADISON.
Congress re-assembled on the sixth day of
December, 1790, and now met in Philadelphia,
according to the provisions of the act passed at
the last session, respecting the temporary and per
manent seat of government. The President, in his
speech at the opening of the session, presented a
cheerful vieAV of the prospects of the country, with
regard to its revenues and credit, and the great
branches of the national industry ; and concluded
by expressuag the hope, that the harmonious co
operation of the different departments Avould render
" the established government more and more in
strumental in promoting the good of our fellow-
citizens, and more and more the object of thek
attachment and confidence."
In the House of Representatives, a committee of
thi'ee, of which Mr. Madison Avas chairman, was
appointed to prepare an address in ansAver to the
speech.^ The address, drawn by him, breathed
throughout an affectionate attachment and confi
dence in the chief-magistrate, a general concur
rence in his suggestions, and an earnest solicitude
for the realization, in their fullest extent, of all the
blessings hoped for from the new Constitution. It
terminated with these patriotic assurances : " In
pursuing every branch of the weighty business of
the present session, it will be our constant study
to direct om* deliberations to the public welfare.
Whatever our success may be, we can at least an-
1 Mr. Ames of Massachusetts, were the other members of the
and Mr. Tucker of South Carolina, committee.

ADDITIONAL REVENUE NEEDED. 155
swer for the fervent love of our country, which
ought to animate our endeavors. In your co-oper
ation, we are sure of a resource which fortifies our
hopes that the fruits of the established government
will justify the confidence which has been placed
in it, and recommend it more and more to the affec
tion and attachment of our felloAv-citizens."
Although some of the topics of public interest
referred to in the address had given rise to marked
differences of opinion, both in Congress and the
country, yet they were handled Avith so much deli
cacy and tact, that the address finally received the
unanimous assent of the House in the precise form
in which it Avas reported.
The business which first seriously engaged the
attention of Congress was the provision for addi
tional revenue, rendered necessary by the assump
tion of the State debts. The secretary of the
treasury, in a report submitted the day after the
address was voted, recommended, together Avith an
increase of the duties already imposed on spirits
imported from abroad, a tax, in the nature of an
excise, on spirits distUled in the country, Avhether
from foreign or domestic materials. This proposi
tion met Avith a very warm opposition in several
quarters of the House.
Mr. Madison, at the late session of Congress,
foreseeing that a resort to excises would be the
probable, if not inevitable, consequence of an as
sumption of the State debts, and thence drawing an
additional argument against assumption, strongly

156 LIFE AND TIMES OF MADISON.
expressed his objections to this mode of taxation,
" as giving arbitrary powers to the coUector, expos
ing the citizen to vexatious searches, and opening
the door to frauds and perjuries, that tend equaUy
to vitiate the morals of the people and to defeat the
public revenue." ^ But the assumption, in spite of
his earnest and persevering opposition, had been
carried ; it Avas now tbe laAV of the land, Avithout
the possibUity of getting rid of it ; and the faith of
the nation Avas pledged to provide adequate reve
nues for the stipulated payments of interest and
principal. He would have preferred direct taxes
to excises, as the means of meeting this demand on
the national treasury. But to that resort there was
understood to be an invincible repugnance, both in
Congress and among the people. Nothing then re
mained for him, accordmg to the view he took of
his duties as a faithful legislator, bound to respect
and provide for the engagements of the nation in
curred through its legal representatives, than to
give a reluctant assent to the measure proposed.
He thus announced his conclusions to the House.
" He had felt," he said, " the force of the objec
tions urged against the bUl. He was, in' general,
principled against excises. But, of aU excises, that
on ardent spirits he considered the least objectiona
ble. The question now to be determined, he con
ceived, is this, — Is an addition to the present
amount of the revenue necessary ] It had appeared
1 See his speech of 22d AprU, 1790, Annals of First Congress, vol. ii.
p. 1593.

BILL RELUCTANTLY SUPPORTED. 157
that an addition was necessary. For his own part,
he should prefer direct taxes to any excises what
ever. But this would be contrary to the sentiments
of the majority of the people of the United States ;
and he was fully convinced that it was contrary to
the opinion of a great majority of this House. If
any mode could be adopted without having recourse
to excises,, he would be the last to give them his
support ; but he conceived there was none." ^
Influenced by these considerations, he finally
voted, with reluctance, for the biU ; which was
passed in the House of Representatives by a vote
of thirty-five to twenty, — four of the members pres
ent of the Virginia delegation voting against it;
and three, including himself, for it.^
The next subject which occupied the attention of
the House Avas a proposition for the establishment
1 See Annals of Congress, First bear, an excise is the only re-
Congress, vol. ii. p. 1891. source; and, of all articles, dis-
^ In his private correspondence tilled spirits are least objectiona-
of this period, Mr. Madison gave ble."
the same acconnt of the considera- In another letter to the same
tions which induced hira reluctantly gentleman, of the 13th February,
to vote for the bill. In a letter to 1791, after the passage of the hUl
his friend Judge Pendleton, of the. through the House of Representa-
2d January, 1791, he says, " The tives, he says, " The excise has
report of the ways and means from undergone sundry alterations in the
the treasury department, for the Senate, but none that affect its
assumed debt, has been published principle, or will affect its passage.
in the newspapers, and has, I pre- In many respects it is displeasing
sume, found its way to you through to me, and a greater evil than a
that channel. There are objections direct tax. But the latter would
of different sorts to the proposed not be listened to in Congress ; and
mode of revenue. But as direct would, perhaps, be not less offen-
taxes would be stUl more generally sive to the ears of the people at
obnoxious, and as imports are al- large, particularly in the eastern
ready loaded as far as they wiU part of the Union."

158 LIFE AND TIMES OF MADISON.
of a national bank. The secretary of the treasury,
in a report presented at an early day of the session,
had set forth, very elaborately and seductively, the
advantages to the trade and industry of the nation,
and the facilities in conducting its finances, Avhich
he supposed such an institution would afford. With
out stopping to inquire vvhat authority, if any, had
been granted by the limited Constitution of the
United States to erect so poAverful a corporation, he
dwelt complacently on the example of European
governments in possession of such fiscal auxiliaries ;
and proceeded, after the models which they fur
nished, to sketch the plan of a national bank, to be
adopted by the American Congress.
He proposed for it a capital of ten millions of
dollars, of Avhich one-fourth only Avas to be in coin,
and the remaining three-fourths to be subscribed in
the public debt of the United States, bearing an
interest of six per cent ; the government to sub
scribe one-fifth of the whole amount ; the manage
ment of the institution to be vested in directors
chosen by the stockholders, and empowered to es
tablish branches Avherever they may think fit;
within the United States ; and the secretary of the
treasury to have the right of calling for Aveekly
statements of the condition of the bank, and of in
specting its general accounts, if he should think
proper to do so. The subscribers to the bank and
their successors were to be incorporated, and to
continue so until the final redemption of every part
of the public debt subscribed to its stock ; its notes

HAMILTON'S FINANCIAL POLICY. 159
were to be receivable in all payments to the United
States ; and it was to be expressly stipulated, that
no simUar institution should be established during
the existence of the one now to be chartered.
In contemplating the plan of the secretary of the
treasury, it Avas impossible not to see in it a further
scheme, of Avhich the funding system and the as
sumption of the State debts Avere the first significant
developments, to concentrate and embody the Avhole
moneyed interests of the country in support of
the Federal government; to give them the unity
and momentum of a legal incorporation ; and to
rest the public administration mainly, if not exclu
sively, on a systematic propitiation of those inter
ests, to the neglect of the great agricultural and
producing classes. Hence open appeals were made
by him, in his report, to the " moneyed and trading
people," as alone furnishing the requisite founda
tion for the proposed bank ; the public creditors,
or fundholders, were told of the rapidly favorable
effect which the conversion of the public debt into
bank stock would have on the market value of thek
securities ; and the " proprietors of land " were
coolly reminded of their necessary exclusion from
any direct participation in the beneflts of the plan.
The whole policy of the secretary was manifestly
borrowed from that era of the British government,
in which a national bank was inaugurated by the
same prolific genius that laid the foundation of
the English funding system, with a year's interval
only in the bkth of the two projects ; and both

160

LIFE AND TIMES OF MADISON.

founded upon the insidious plea of strengthening
and consoUdating a new government, born of a rev
olution, by the subsidized support of the moneyed
classes. If any proof were Avanted of the English
origin of the secretary's plan, he furnished it him
self by the ready and triumphant appeal he made
to the example of England at the period alluded to,
as his all-sufficient justification for founding his pro
jected bank so largely on the public debt-^

1 That Hamilton was but a
copyist of Montague, whom a late
celebrated historian has pronounced
" tbe most daring and inventive of
financiers," is shown not only by
the identity of their measures, but
by the identity of the policy from
which those measures sprang. A
great contemporary writer, who
was thoroughly initiated in aU the
poUtical councils of his day, gives
this instructive account of the ori
gin of the English schemes of polit
ical finance : —
" It was said that a new govem
ment, estabUshed against the an
cient principles and actual engage
ments of many, could not be so
effectually secured any way, as it
would be if the private fortunes of
great numbers were made to de
pend on the preservation ofit ; and
that this could not he done unless
they were induced to lend their
money to the pubUc, and to accept
securities under the present estab
Ushraent. Thus the method of
funding and the trade of stock-jobbing
began. Thus were great compa
nies [the Bank, East-India Com
pany] created, — the pretended
servants, but in many respects the

real masters, of every administra
tion." — Bolingbroke's Refiections
on the State of the Nation. Else
where he says, " The great cor
porations, that had been created
more to sejTe the turn of party than
for any real national use, aimed, in
deed, even then, at the strength
and influence which they have
since acquired in the legislature;
but they had not made the same
progress, by promoting national cor
ruption, as they and the court have
since made." — Sketch of the His
tory and State of Europe from 1688
to 1713. AA''e cannot forbear to add an
aphorism of the same gifted poUti
cal writer, who, whatever may
have been the errors and eccentrici
ties of his public career, has em
balmed the great maxims of civil
and poUtical liberty in language of
as eloquent inspiration as any
writer of his age or country. It
may stand as a warning against the
refined schemes of any who, in a
land of staid, uncorrupted free
dom, may be tempted to imitate
the poUcy of a Montague or a
Walpole. " The landed men," says Boling-

DEBATE ON THE BANK BILL. 161
The plan of the secretary of the treasury Avas
fkst taken up in the Senate ; and a bill for carrying
it into effect, with no material variation but that of
limiting the charter to a period of twenty years, in
stead of making it co-durable with the public debt,
was passed by that body. When the bill came
down to the House, it was soon manifest that it
was to meet a spirited and determined resistance
there, however unequal the opposing numbers in
the contest. The debate was opened by Mr. Madi
son in a speech of great power and ability, of
which, unfortunately, as of the whole debate, the
contemporary report furnishes but a very imperfect
and meagre sketch.^
He began with a general review of the advan
tages and disadvantages of banks, and thought
that the most important of the proposed advan
tages would be better obtained by several banks,
properly distributed, than by a single one. " The
case in America," he said, " was different from that
in England, where the interest of the public debt
vv^as all due at one point, and the genius of the
monarchy favored the concentration of wealth and
broke, "are the true owners of our on the State of the Nation, BoUng-
political vessel. The moneyed men broke's Works, vol. iii. p. 174.
are no more than passengers in it. i Mr. Madison, in forwarding
To the first, therefore, aU exhorta- to Judge Pendleton, on the 13th
tions to assume a disinterested pub- February, 1791, a newspaper con-
lie spirit should be addressed. It taining the contemporary report of
is their part to set the example ; the arguments against the bank,
and, when they do so, they have a says, " They are extremely muti-
right to expect that the passengers lated, and in some instances per-
should contribute their proportion verted, but will give an idea of the
to save the vessel." — Reflections turn which the question took."
VOL. in. 11

162 LIFE AND TIMES OF MADISON.
influence at the metropolis." The details of the
plan he considered liable to other objections, as
not making so good a bargain for the public as
was due to its interests, and also " as giving an
undue preference to the holders of a particular
denomination of the public debt, and those at or
Avithin reach of the seat of government."
But the stress of his argument was in demon
strating the want of any constitutional authority in
Congress to establish such an institution. He well
recollected, he said, that a power to grant charters
of incorporation had been proposed in the general
convention, and rejected.^ He then adverted to the
peculiar character of the Federal government, as
one of limited and specified powers, — " not being
a general grant, out of which particular powers are
excepted, but a grant of particular powers only,
leaving the general mass in other hands, — those
of the States ; " and, if experience should prove
that other powers were desirable, the Constitution
itself pointed out a regular mode for obtaining
them, by recurrence to the original parties. He
next reviewed, in a close and searching analysis,
the various clauses of the Constitution from which
the power of establishing a bank had been at
tempted to be deduced ; and showed that none of
them could receive such an interpretation, Avith
out indulging in a looseness of implication utterly
" destructive of the essential characteristic of the
1 Journal of Convention, 18th and Mad. Deb., vol. iii. pp. 1364
August and 14th September, 1787 ; and 1576.

WANT OF CONSTITUTIONAL POWER. 163
government, as one of limited and enumerated
poAvers," From the text of the Constitution itself, he passed
to the contemporary expositions which had been
given of it. He showed in what manner its pro
visions had been explained by the advocates of its
adoption ; the sense in which they were understood
by the people, when deliberating on its acceptance ;
and the sense in which the instrument was finally
agreed to by the State conventions that ratified it.
By reference to the published debates of those con
ventions, as well as to other contemporary pub
lications which recommended and explained the
principles of the Constitution, while it was depend
ing before the States for their sanction, he showed
that it was universally understood and declared at
the time, that all powers of legislative and political
action, not specifically granted by the Constitution
to the general government, were retained by the
people or the States ; and particularly that the
clause, authorizing the passage of " all laws neces
sary and proper " for carrying the express grants of
the Constitution into effect, Avhich Avas noAv spe
cially invoked as authorizing the establishment of
a bank, was then understood and represented as
giving no additional power Avhatever, but as declar
atory simply of a general principle of jurisprudence
which would have equally existed without it.^
Having sustained his statement of the contempo
rary exposition of the Constitution by krefragable
1 See Federalist, No. 44.

164 LIFE AND TIMES OF MADISON.
proofs, he brought it home vdth great power to the
conscience and moral sentiments of the House.
" With aU this evidence," he said, " of the sense
in which the Constitution was understood and
adopted, will it not be said, if the biU should pass,
that the adoption of the Constitution was brought
about by one set of arguments, and that it is now
administered under the influence of another 1 And
this reproach will have the keener sting, because it
is applicable to so many individuals concerned in
both the adoption and the administration. . . .
Under such circumstances, the exercise of the
power asserted in the bUl involves all the guilt of
usurpation ; and establishes a precedent of inter
pretation, levelling all the barriers which limit the
powers of the general government and protect those
of the State governments."
However powerful this appeal, it soon appeared
that it was without effect upon many of those to
whom it was addressed. Mr. Ames, Mr. Sedg
wick, and Mr. Gerry of Massachusetts, Mr. LaiA'-
rance of New York, Mr. Boudinot of New Jersey,
Mr. Smith of South Carolina, and Mr. Vining of
Delaware, undertook to answer the arguments
of Mr. Madison. Their mode of reasoning set at
naught every principle of a limited Constitution.
The fkst gentleman laid it down as a fundamental
axiom, that " every government, from the instant of
its formation, has tacitly annexed to its being the
various powers which are essential to the purposes
for which it was framed ; " and the last recurred to

LATITUDINARIAN ARGUMENTS. 165
the Declaration of Independence, as the source from
which the United States derive all the powers ap
pertaining to a nation, and consequently the power
under consideration."
AU of them united in the doctrine, that Congress,
in the exercise of power, Avas not restricted to the
means necessary and proper for the ..execution of
the powers specifically granted, according to the
language of the Constitution ; but might do what
soever it deemed necessary and proper to the ends
for which the Constitution was adopted and those
poAvers were conferred. Hence they drew largely
both upon the preamble of the Constitution, and
the language used in the eighth section of the fkst
article, relative to the " common defence and gen
eral welfare," in connection with the power of
taxation, as the sources from which they derived
the power to establish a national bank.
Pretensions so startling it was difficult to treat
with coolness and moderation. After able speeches
in reply, by Mr. Stone of Maryland, Mr. GUes of
Vkginia,' and Mr. Jackson of Georgia, Mr. Madi
son closed the debate in a condensed and vigorous
review of the arguments of his opponents.
He first noticed the fundamental axiom of Mr.
Ames, that government necessarily possesses every
power essential to the purposes for which it was
1 Mr. Giles had come into Con- also died, and his place was now
gress as the successor of Mr. Bland, filled by Mr. Monroe, after having
who died in New York during the been temporarily suppUed, under
preceding session. Mr. Grayson, an executive appointment, by Colo-
one ofthe senators of Virginia, had nel John Walker, of Albemarle.

166 LIFE AND TIMES OF MADISON.
formed ; and said, whatever plausibility this axiom
might carry AA'ith it in the theory of other gov
ernments, it was wholly inapplicable to the govern
ment of the United States. The restrictive clause
contained in the Constitution, with regard to in
cidental powers, was a limit which could not be
passed. " The preamble of the Constitution," said he,
" has produced a new mine of poAver. But this is
the first instance he had heard of in which the
preamble has been used for such a purpose. In
his opinion, the preamble only states the objects of
the Constitution, and the subsequent clauses desig
nate the powers by which those objects are to be
obtained. . . . The clause which empowers Con
gress to pass all laws necessary and proper for
the execution of the enumerated powers, has been
brought forward repeatedly by the advocates of the
bill. He noticed the several constructions of this
clause which had been offered ; and concluded
from them, that, in the opinion of gentlemen, Con
gress may do whatever they please. . . . The con
structions of the Constitution, which have been
maintained on this occasion, go to the subversion
of every power whatever in the several States.
But Ave are told, for our comfort, that the judges
will rectify om* mistakes. How are the judges to
determine in the case, if they are to be guided in
their decisions by the rules of expediency 1 "
In the course of his reply, he addressed this
significant and impressive admonition to the cham-

BILL PASSED BY SECTIONAL VOTE. 167
pions of the latitudinarian principles which had
be^n contended for : —
" The energetic administration of the govern
ment is said to be connected with this institution.
He here stated the principles on which he con
ceived the government ought to be administered.
Other gentlemen may have had other ideas on the
subject, and may have consented to the ratification
of the Constitution on different principles and ex
pectations. But he considered the enlightened
opinion and affections of the people as the only
solid basis for the support of this government."
The limitations of the Constitution proved a fee
ble barrier against the blind devotion of a party fol
lowing the lead of a bold and enterprising chieftain,
and reposing implicit faith in the realization of aU
the golden promises of private and public advantage
he held out to them. The question on the passage
of the bill was carried in the affu-mative, by a vote
of thirty-nine to twenty, divided strictly by a geo
graphical line, — the States of Maryland, Virginia,
North Carolina, South Carolina, and Georgia (Vir
ginia and Georgia unanimously) voting against it ;
and all the other States, for it.
This decision greatly widened the division of par
ties that had groAvn out of the funding system and
the assumption of the State debts, and served to
mark stUl more strongly their distinctive features
and opposing creeds. Mr. Madison, in writing to
his friend Judge Pendleton, a few days after the pas
sage ofthe bill, says, " The subject has been decided.

168 LIFE AND TIMES OF MADISON.
contrary to your opinion as well as my own, by large
majorities in both Houses, and is now before the
President. . . . The arguments in favor of the meas
ure rather increased my dislike to it, because they
were founded on remote implications, which strike
at the very essence of the government, as com
posed of limited and enumerated poAvers. The plan
is, moreover, liable to a variety of other objections
which you have so judiciously developed."
Nothing could have been more painful and em
barrassing than the situation in Avhich the President
was placed by the conflicting opinions which accom
panied and followed the passage of the act. The
measure originated with a member of his cabinet,
and had been zealously and actively pressed by that
officer on the legislature. The objections brought
against it, especially that of unconstitutionality, were
of so grave and weighty a character, and had been
presented Avith such power of argument and sincer
ity of conviction, that the President could not but
feel the force of them, as well as respect them. As
soon as the bill came before him for his approval,
he referred it to the attorney-general, for his opinion
on the constitutionality of the act. The attorney-
general gave his opinion, enforced by a written
argument, that the act was not warranted by the
Constitution. The President next called upon the
secretary of State for his opinion, which coincided
with that of the attorney-general ; and both opin
ions Avere communicated to the secretary of the
treasury, that he might have an opportunity of ex-

EMBAEEASSMENTS OF THE PEESIDENT. 169
amining and replying to them, before the President
made up his flnal judgment on the subject.
Colonel HamUton had these papers under his
consideration for about a week, and then sent in to
the President a most elaborate argument, highly
artiflcial and forensic,' in answer to the objections
of the secretary of State and the attorney-general,
and developing and enforcing the same topics by
which the constitutionality of the act had been sus-
takied in debate before the House. Such was the
conflict of doubts in the mind of the President, that
he retained the bill in his hands to the very last
moment of the time allowed him by the Constitu
tion for deliberation ; and then returned it to the
House, in which it originated, Avith his signature.
A distinguished historian of the times, the politi
cal biographer of Washington, has stated that "the
President's deliberate investigation terminated in a
conviction that the Constitution of the United States
authorized the measure." ^ There is every reason,
however, to believe that the President still re
tained his doubts, notwithstanding the official an
nexation of his signature to the bill. According to
the view he took of the spirit and intention of the
Constitution, in allowing a Presidential negative on
the acts of the legislative department (and such,
too, Avas the opinion expressly given to him by the
1 It is said that Colonel Hamil- tion was exclusively professional. —
ton, in preparing his argument. Hist. Am. Eep., vol. iv. p. 247.
consulted and advised with a dis- 2 Marshall's Life of Washing-
tinguished lawyer of Philadelphia, ton (second edition) vol. n. p.
Mr. WUUam Lewis, whose reputa- 205.

170 LIFE AND TIMES OF MADISON.
secretary of State on this occasion), it Avas only in
cases of clear error or usurpation committed by the
legislature, that the application of the executive
veto was to his mind justifiable. In a letter to an
illustrious friend in Virginia, a year or two later,
he says, " From motives of respect to the legislature
(and, I might add, from my interpretation of the Con
stitution), I give my signature to many bills with
which my judgment is at variance. ... I never
had such confidence in my oavu power of judging,
as to be over tenacious of opinions I may have im
bibed in doubtful cases." '
From the peculiar opportunities which Mr. Mad
ison possessed of knoAvi-ng the Avhole process of the
President's deliberations, and the real state of his
mind on the subject of the bank, as well as his
acquamtance with the critical relation of politi
cal parties at the time, the foUoAving memoran
dum, left among his papers, wUl commend itself
to the candid and thoughtful consideration of the
reader : —
" The constitutionality of the National Bank was
a question on which his [Washington's] mind was
greatly perplexed. His belief in the utility of the
establishment, and his disposition to favor a liberal
construction of the national powers, formed a bias
on the one side. On the other, he had witnessed
1 Letter to Judge Pendleton, of expressed by Mr. Jefferson to the
23d September, 1793 ; which see President at the time of his action
in Sparks's AVashington, vol. x. pp. on the Bank Bill. — See Opinion
871, 372. The same view, with re- on ConstitutionaUty of Bank, in
gard to the Presidential veto, was Jefferson's AVritings, vol. iv. p. 527.

ME. MADISON'S TESTIMONY. 171
what passed in the convention Avhich formed the
Constitution ; and he knew the tenor of the reason
ings and explanations under which it had been rati
fied by the State conventions. His perplexity was
increased by the opposite arguments and opinions
of his official advisers.
" He held several free conversations with me on
the subject, in Avhich he listened favorably, as I
thought, to my views of it, but certainly Avithout
committing himself in any manner. Not long be
fore the expiration of the ten days alloAved for his
decision, he desired me to reduce into form the
objections to the bill, that he might be prepared in
case he should return it Avithout his signature.
This I did in a paper of which the foUoAving is a
copy (Avhich see and here insert). From this ck
cumstauce, with the manner in which the paper
had been requested and received, I had inferred
that he would not sign the bill. But it was an in
ference no wise implying that he' had precluded
himself from consistently signing it. As it was, he
delayed to the last moment the message communi
cating his signature.'
1 The writer of these pages disposal of them to the Federal
weU recollects having seen and government, the paper, in the fre-
read, among the original manu- quent references there made to it,
scripts of Mr. Madison, at Mont- was lost or mislaid. The writer
pellier, the draught of the veto has been informed that it was iu
message for President Washington the hands of President Polk at the
here referred to. After the trans- time he was preparing his veto
fer of those manuscripts to the city message on the Internal Iniprove-
of Washington by the widow of ment BUl, and was, perhaps, forgot-
Mr. Madison, in her own removal ten to be returned by him to the
to that city, aud the subsequent files of which it formed a part.

172 LIFE AND TIMES OF MADISON.
" The delay had begotten strong suspicions in
the zealous friends of the bill, that it would be re
jected. One of its ablest champions, under this
impression, told me he had been making an exact
computation of the time elapsed ; and that the bUl
would be a law, in spite of its return with objec
tions, in consequence of the failure to make the
return Avithin the limited term of ten days. I did
not doubt, if such had been the case, advantage
would have been taken of it, and that the disap
pointed party would have commenced an open
opposition to the President ; so great was their con
fidence in the wealth and strength they possessed,
and such the devotion of the successful speculators
in the funds, and of the anti-republican partisans,
to the plans and principles of the secretary of the
treasury. The conversation had scarcely ended,
when the message arrived with notice that the bUl
had been approved and signed."
Many other occasions Avill occur in the progress
of this narrative to show how much more the bold,
ardent, and ambitious schemes of the secretary of
the treasury, their actual head and leader, Avere
the objects of confidence and devotion with the
party noAV forming the majority in both Houses
of Congress, than were the serene, cautious, and
republican virtues of the President, who, from the
head of the nation, thought neither duty nor dig
nity permitted him to descend and become the head
of a party.
On the 3d day of March, 1791, soon after the

SOUECES or PAETY ANTAGONISM. 173
passage of the Bank Bill, the First Congress which
assembled under the Constitution closed its thkd
session, and with it completed the biennial term of
its existence. Before its adjournment, it passed a
resolution fixing the meeting of the next Congress
for the fourth Monday in October following.
The labors of the First Congress were of the
highest importance, in organizing the various de
partments of the new government, and putting its
machinery into regular and active operation. In
this preliminary task, which was the special work
of their first session, although considerable differ
ences of opinion arose, and Avere discussed with
much earnestness and ability, yet they gave rise to
no systematic division of political parties. It was
during the second and thkd sessions, mainly occu
pied with the financial schemes of the secretary of
the treasury, all of which were marked by decided
political bearings, that the foundation was laid for
a permanent and clearly defined organization of
parties under the new Constitution. In his fund
ing system, in the assumption of the State debts,
and in the proposal of a national bank, and the
principles on which these measures were pursued
and advocated by him and his friends, a design
was seen to concentrate and organize a powerful
moneyed influence in the interest and under the
control of the Federal government ; and to give to
that government a tone and energy far beyond what
was contemplated by the founders of the Constitu
tion, and at war with the republican genius of the

174 LIFE AND TIMES OF MADISON.
people, the independence of the States, and the
pm-ity of the public morals.
While these measures of administrative policy
were considered as fraught Avith decided anti-re
publican tendencies, a disposition was discovered,
by the same party that favored them, to surround
the noAV government with exterior ceremonies, con
forming it to the likeness of European monarchies,
especially to the favorite model of the British gov
ernment. A proposition,, as we have seen, was
made during the first session of the First Congress,
greatly to the annoyance of the President, to
bedizen him with a superb but spurious title,
borroAved from the pageantry of regal institutions.'
This proposition, though received with favor by
one branch of the legislature, was sternly rejected
by the republicanism of the other. Greater suc
cess, for a time, attended the essay of copying the
British ceremonial in the opening of parliament by
the sovereign in person ; and the President, in pur
suance of the forms prescribed for Ijim, opened the
sessions of Congress with a speech, echoed by re
sponsive addresses from the two Houses. This
practice, accompanied with much unsuitable pomp
and productive of real political inconveniences in
a republican government, was happily laid aside,
Avith all its accessories, on the fourth election of
President. General Washington, on his arrival at New York
to assume the burthensome duties of his new ofiice,
1 See ante, chap, xxxvii. pp. 10-12.

HAMILTON'S POLITICAL CEEED. 175
felt the absolute necessity of so regulating his inter-
com-se with society, as to prevent the time " which
was primarily due to the official duties of his sta
tion,"' from being dissipated in company, or broken
in upon by idle and unseasonable calls. For this
purpose, he sought the counsel of officers of the
government, and of friends better acquainted than
himself Avith the usages that had grown out of like
positions in civU and political life. To their opin
ions he deferred ; and the result was a system of
periodical and formal receptions, under the name
of levees, imitated, in a great degree, from the
practice of European courts. Some of the observ
ances of the prescribed programme were so repug
nant to his native dignity of character, as an aping
of royalty, that he indignantly broke loose from
them ; while others were submitted to with a chafing
impatience of spirit.^
The secretary of the treasury, the master-spkit
of the now-dominant party, was well known to be
strongly inclined in favor of monarchical institu-
1 Letter to Mr. Madison of 12th scene. (See detached memoranda
May, 1789, in Sparks's Washing- in raanuscript). The letters ad-
ton, vol. X. p. 5. dressed by Mr. Adams and Colonel
2 The anecdote related by Mr. Hamilton to General Washington,
Jefferson, upon the report of Tobias containing their suggestions with
Lear, Esq. (Writings of Jefferson, regard to the ceremonial of the
vol. IV. pp. 477, 478), of the indig- levees, show how much they were
nation manifested by Washington, both under the fascination of foreign
when Colonel Humphreys ushered monarchical examples. — See the
him in at one of the levees, crying letter of the former in Sparks's
out as he preceded him," The Presi- Washington, vol. x. pp. 466-468 ;
dent of the United States," is con- and of the latter in HamUton's
firmed by Mr. Madison, who was Works, vol. iv. pp. 1-3.
an eye and ear witness of the

176 LIFE AND TIMES OF MADISON.
tions, and in particular to be a passionate admirer
of the British system of government, as well in
practice as in theory. His object Avas, by admin
istrative expedients, to bring the government of the
United States into as near an approximation as pos
sible to that model ; and, by political manipulations,
to impress upon it the form and character he had
in vain sought to give it in its original formation.
Mr. Adams, the second officer of the government,
sympathized to a great extent iu the political princi
ples of Colonel Hamilton ; and had recently stooped
from the dignity of his station, by publishing anony
mously, in one of the gazettes of the day, under the
title of " Discourses on Davila," a lumbering series
of papers, to enforce his favorite theory of a gov
ernment of orders, of which the British Constitution
was held up as the beau ideal.^
1 The precise line of separation iv. pp. 450, 451. It was, doubtless,
between the political creeds of the the view here taken of what ren-
Vice-President and the secretary dered the British government a
of the treasury has been given by practicable government, which led
a distinguished contemporary and the secretary to attach so much
associate, who had the best oppor- importance to his funding and
tunities of knowing the sentiments banking systems, as engines of
of both from their own declarations, political influence. That an im-
which he has thus reoorded. The proper influence was brought to
former was for the British Con- bear on the proceedings of the two
stitution, " purged of its corruption, first Congresses, through the in-
and with equal representation in strumentality of those systems, pro-
its popular branch." The latter ducing a squad of voters in each
was for the British Constitution, House at the devotion of the treas-
" as it stands, with all its supposed ury, which turned the scale in all
defects ; for purge it of its corrup- doubtful questions, has been repcat-
tion, and give to its popular branch edly and solemnly affirmed, and
equality of representation, and it upon grounds of evidence and prob-
becomes an impracticable govern- abiUty too strong to be reasonably
ment." — Jefferson's Writings, vol. doubted. — See letters of Mr. Jef-

OEIGIN OF PARTY DESIGNATIONS. 177
It was by a natural association of ideas, there
fore, that the party which, under the lead of Mr.
Madison, had opposed in Congress the financial
schemes and general policy of the secretary of the
treasury, came to be distinguished by the name of
the Republican party. The followers of the secre
tary adhered to the name of Federalists, because it
was through the agency of the Federal government,
and by an insidious extension of its powers only,
that the objects they had in view could be consum
mated, while prudence forbade the open avowal of
ulterior designs involving a change in the funda
mental principles of the government itself. It was,
nevertheless, true that the republican party was, in
a just and proper sense of the texva., federal ; for
their object was to maintain the Federal Constitu
tion in its genuine, original principles, as it was
understood both by its framers and the people, and
to prevent its perversion into something wholly dif
ferent from what it was intended and believed to be
at the time of its adoption.'
ferson to General Washington, of furnishes the true clew to the hist-
23d May and 9th September, 1792, ory of parties at the period referred
in Sparks's Washington, vol. x. to in the text, as well as to the dif-
506 and 519 ; to Mr. E. Randolph, ferent political paths pursued by
of 3d February, 1794, in Jefferson's himself and Colonel Hamilton.
Writings, vol. iii. p. 302; idem, " As to the other branch ofthe
vol. IV. pp. 448, 457, 468, 470, 477 ; subject," said Mr. Madison, " I de-
and Statement of Mr. Madison, serted Colonel Hamilton, or rather
ante, p. 58. he deserted me ; in a word, the
1 The fbllowing statement of divergence between us took place
Mr. Madison, marked by his char- from his wishing to administration,
acteristic moderation, in a conver- or, more properly speaking, to ad-
sation with Mr. Nicholas P. Trist, minister (these were Mr. Madi-
carefuUy noted down at the time, son's very words), the govemment
VOL. III. 12

178 LIFE AND TIMES OF MADISON.
From this conflict of parties, the President stood
aloof. He was the chief magistrate of the nation ;
and his self-respect and his duty alike forbade him
to become the leader of a party. The striking
resemblance betAveen his situation and that of
the magnanimous ruler Avho was charged Avith the
rescue of English liberty just a century before,
led them into the same line of political conduct
Called, each of them, to the head of affairs after a
revolution in the government, not by the voice of
a party but by the general concurrence of the
nation, each refused to surrender himself, to the de
mands of a faction, and aimed solely and bravely
at the union, harmony, and welfare of the Avhole
people. The task was one of extreme delicacy and
difficulty in the hands ot Washington, as well as of
WUliam the Thkd ; and its execution produced re
markable parallels, as the further progress of this
narrative will disclose, in the experience and for
tunes of the two great national rulers.'
Washington commenced, as WiUiam had done,
by caUkig into the administration men of the high-
into what he thought it ought to be ; in England on WiUiam the Third,
while, on my part, I endeavored to says, " The Whigs loved William,
make it conform to the Constitution, indeed, but they loved him not as
as understood by the convention a king, but a party leader ; and it
that produced and recoraraended it, was not diflicult to foresee that
aud particularly by the State con- their enthusiasm would cool fast, if
ventions that adopted it." — See Mr. he should refuse to be the mere
Trist's memorandum, cited in Ran- leader of their party, and should
dall's Life of Jefferson, vol. iii. p. attempt to be the king of the whole
595. nation." — Hist. Eng., vol. in. p. 9.
1 Lord Macaulay, speaking of He did refuse for several years —
the exactions of the dominant party but with the predicted consequence

PRINCIPLES OF WASHINGTON. 179
est qualifications and experience with reference to
the duties of their respective departments. He
selected them, as William selected his ministers,
from different political parties, that the various
shades of opinion among the people might be
fairly represented in the government. Jefferson,
secretary of State, for Avhich post he was recom
mended by his experience and abUity in foreign
affairs, as Avell as by the prestige of his revolution
ary fame, was of the republican party, with strong
democratic leanings. Hamilton, who had from an
early period devoted his attention to financial sub
jects, and Avas, for that reason especially, appointed
to the treasury department, belonged to the de
nomination of Federalists, with a decided bias in
favor of a government of monarchical genius.
With the former agreed the attorney-general, Ran
dolph ; with the latter, the secretary of war, Knox :
and thus were the political proclivities of the cabi
net balanced.
The President himself was, in principle, a con
servative Republican, removed alike from demo
cratic and monarchical prepossessions, and fkmly
attached to the Constitution of his country, as it
came from the hands of- the convention, and as
it was accepted by the people. Considering it his
duty to give his official sanction to all such acts of
to himself — to be the leader of a net formed by him, were but the
party, and proudly raaintained the political prototypes of Hamilton and
position of chief of the nation. Jefferson, Knox and Randolph, in
Danby and Halifax, Nottingham the cabinet of Washington.
and Shrewsbury, in the first cabi-

180 LIFE AND TIMES OF MADISON.
the legislature as were not clearly, to his mind, in
fractions of the supreme law, or contrary to justice
and the public good, he was the better enabled to
maintain a position of elevated neutrality with re
gard to the party dissensions of the time, as his
signature, under these circumstances, to an act of
Congress Avhich may have been the subject of much
party controversy, did not kifer necessarily his in
dividual approbation of it.
Besides the differences of political principle al
ready adverted to, another important element en
tered into the early formation of parties under the
new Constitution. The conduct of Great Britain
toAvards the United States, since the treaty of peace
which closed the war of the Revolution, had been
such as to furnish grave and extensive grounds of
dissatisfaction. In the first moments of the peace,
while withdrawing her forces from the city of New
York, she had, as we have seen,' in open violation
of an express stipulation of the treaty, taken away
a large number of negroes belonging to citizens of
the United States, and had hitherto evaded every
demand either for thek restoration or an equivalent
indemnity. In like contempt of a solemn and vital
stipulation of the treaty, and to the injury of most
important rights and interests of the United States,
she continued to hold vaiious military posts within
the acknowledged territorial limits of the Union;
and, when' at length formally summoned to relin
quish them, she refused to do so, and cooUy re-
1 Vol. II. of this work, chap. xxvi.

CONDUCT OF GREAT BRITAIN. 181
ferred, in her justification, to certain proceedings
of some of the States with regard to debts and
confiscations, which, if infractions of the treaty at
aU (as they were shown not to be), Avere posterior
to and occasioned by the flagrant violations of
which she set the first example.'
AVith regard to the commercial intercourse of
the two countries, she acted with the same illib
erality and injustice, — emboldened at first by the
well-knoAvn inability of the United States, under
the feeble system of the Articles of Confederation,
to adopt any effective policy of retaliation. While
her ships and merchandise Avere freely admitted,
at rates of duty almost nominal, into all the ports
of the United States, she excluded altogether
American ships, laden with American productions,
from a large portion of her dominions — the colo
nies — with which, in times past, a most extensive

1 Mr. Adaras's formal demand "The other party (Great Brit-
for the surrender of the posts was ain ) now laid hold of those very
made on the Sth of December, 1785 ; proceedings of our States, which its
and the Marquis of Carmarthen's previous infractions had produced,
reply was on the 28th of February, as a ground for further refusal ; and.
1786. — See these documents in Se- inverting the natural order of cause
cret Journals of Congress, vol. iv. and effect, aUeged that these pro-
pp. 186-189. ceedings of ours were the causes of
Nothing could be more conclu- the infractions which they had com-
sive and victorious than Mr. Jef- mitted months and years before."
ferson's exposure of the futiUty of — See Waite's State Papers, vol. i.
the pretexts alleged by the British p. 290. The intellig'ent reader wiU
government for its violations of not fail to observe how different the
the treaty of peace. Its prevarica- view here given of the controversy
tions are thus powerfully summed with Great Britain is from that pre-
up in his memorable answer to the sented by Mr. Jay in 1786, as de-
British Minister, Hammond, of the tailed in second volume of this
29th of May, 1792 : — work, chap. xxvi.

182 LIFE AND TIMES OF MADISON.
and mutuaUy beneficial trade had been maintained ;
and although her home ports were not perempto
rUy closed against American ships and productions,
yet many articles of the latter were loaded there
with most exorbitant, and in some instances pro
hibitory, duties.
To obtain some correction of this unequal and
injurious state of things in the relations of com
merce, as weU as to press a fulfUment of the treaty
of peace, the United States sent a minister Avith full
powers to the coui't of London. But his applica
tions on every point were rejected or evaded, and
treated in such a way as to eA'ince that a spkit of
enmity, jealousy, and resentment had survived the
late confUct of arms, and that nothing Avould be
yielded to justice or conciliation, AvhUe the United
States were either unable or unwilling to assert a
national power of self-protection.'
At length, the Constitution of 1788 was adopted,
and the plenary power of regulating commerce
Avith foreign nations was vested in the national
Congress. That instrument had also effectuaUy
remoA'ed every pretext for the non-execution of
the treaty of peace on the part of Great Britain,
by the provision it made for a national judiciary,
insuring thereby the punctual fulfilment of the
treaty in every particular on the part of the several
States, as weU as of the Union. The time was

1 See the correspondence of to 1788, in Works of John Adams,
Mr. Adams, during the period of vol. vm. pp. 233-481.
his mission in England, from 1785

CONDUCT OF GREAT BRITAIN. 183
therefore come, it was justly thought, to renew the
effort for placing the commercial intercourse be
tAveen the two countries on a more equal and satis
factory footing, and to urge the final execution of
the treaty of peace by Great Britain.
As she had hitherto declined to interchange
diplomatic representatives with the United States,
the President intrusted to an able and distinguished
citizen of the United States, then in Em-ope,' the
agency of ascertaining, by informal conferences
with the British ministry at London, thek present
dispositions with regard to an adjustment of the
matters in controversy. Some vacillations in their
policy were occasioned, at fkst, by a pending diffi
culty with Spain, which, if it should eventuate in a
ruptm-e, would render the friendship of the United
States of great value to England, but which being
finaUy compromised remitted her to her former state
of haughty indifference. In the sequel, the Eng
lish ministry manifested a greater impracticability
than ever in relation to a fair and honest fulfilment
of the treaty of peace ; showed an evident dispo
sition to keep permanent possession of the mUitary
posts, under some noAV and shaUow pretext; and
adjourned indefinitely the question of reciprocity
in the commercial relations of the two countries.^

1 Mr. Gouverneur Morris. State, rendering an account of
^ All these conclusions mani- those coramunications (fi-om March
festly result from the communica- to Deceraber, 1790), is fuU of in-
tions of Mr. Morris with the British structive developments.
ministry. His correspondence with The influence of the different
the President and secretary of phases of the Nootka-Sound con-

184

LIFE AND TLAIES OF MADISON.

Lender these ckcumstances, a very large por
tion of the people of America, and some of her
ablest and Avisest statesmen, thought that every
consideration of justice, of policy, of honor, of na-

troversv with Spain, on the tone
and language of the EngUsh gov
ernmen r, is plainly perceptible
throughout. The armament, in
expectation of a rupture with
Spain, cmnmenced in Mav, 1790:
and from that raoment the expres
sions of a desire for a ii-iendly
settlement with America by the
prime minister himself, Mr. Pitt ;
by the secretary for foreign affiiirs,
the Marquis of Carm.arthen ; and
by other members of the ministry,
— were warm and cordial. In Octo
ber, 17'jO, the difiiculty with Spain
was finally adjusted. After that
time, the British ministry coolly
reverted to its original position of
haughtiness and impracticability ;
and every effort on the part of Jlr.
Mon-is, for farther interviews with
the secretary for foreign affairs, was
dexterously evaded. — See Life and
Correspondence of Gouverneur
Morris, vol. ii. pp. 3-56.
Tlie secretary of State, :Mr. Jef
ferson, in an official report to the
President on the despatches of Mr.
Morris, tlius sums up his conclu
sions frora thera : —
" The secretary of State is of
opinion, that Jlr. Morris's letters
remove any doubts which might
have been entertained as to the
intentions and dispositions of the
Britisli cabinet ; that it would be
dishonorable in the United States,
useless and even injurious, to renew
the propositions for a treaty of com

merce, or for the exchange of a
minister; aud that these subjects
should remain dormant till they
shall be brought forwiird earnestly
by thera ; that the deraands for the
posts, and of indemnification for
the negroes, should not be again
made, till we shaU be in readiness
to do ourselves the justice, which
may be refused ; and that Air. Alor
ris be informed that he has fulfilled
the object of his agcnc_v to the sat
isfaction of the President, in ascer
taining the real views of the British
ministry ; aud that he leave the
raatters committed to him, as they
now stand."
These recommendations re
ceived the sanction of the Presi
dent ; and on the 14th of February,
1791, he .addressed a message to
the Senate, ill which, aftersumming
up the results of the despatches
received, he informed them that
" Mr. Morris had been directed to
discontinue his communications
with the British rainistry." — See
Annals of Congress, First Congress,
p. 1801, and Jefferson's AVorks,
(Congress edition), vol. vn. pp.
517-519. At the sarae time that Jlr. Alor
ris was in England, the British
ministry, instead of accrediting a
forraal mission to the United States,
as they should have done in retum
for the previous oflBcial mission of
Mr. Adams to London, authorized
a second-hand appointment of a secret

MEASUEES OF COUNTERACTION. 185
tional dignity and self-respect, requked that some
proper measure of counteraction should be adopted
by the Congress of the United States, to bring
home to the interests of Great Britain herself
the effects of her persevering UliberaUty and in
justice ; and that, in all oiu- intercourse Avith her,
¦we should shoAV ourselves to be iu fact Avhat Ave
had declared ourseh^es in namp, — an independent
people. It was under the mfluence of these principles
that j\Ir. Madison, Avith the hearty concurrence, as
we haA'e seen, of President Washington, brought
forAvard, dming the fh'st session of the fh-st Con
gress, his proposition for a discrimination between
the vessels of nations which had entered into com
mercial arrangements Avith the United States, and of
those Avhich had not.' Guided by the same general
principles, he again, during the second session of
that Congress, brought forward and sustained a
proposition, on a yet Avider basis, for applying the
rule of reciprocity throughout to our whole system
of commercial intercom'se ; dealing out to each na
tion the same measm-e of favor or restriction Avhich
agent, through their Governor-gen- as he had nothing to show from the
eral of Canada, Lord Dorchester. British Jlinister. He had repeated
This person, JNIiijor Beckwith, was communications with Colonel Ham-
furnished with letters from Lord Uton (see Sparks's AA-ashington,
Dorchester only. His principal vol. x. pp. 116, 160-162, and 494-
busiuess seems to have been to 497) ; and in one instance a con-
learn, as far as he could, the real versation with Mr. Madison, of
state of thc relations between the which a raeraorandura is preserved
United States and Spain. Neither among the papers of the latter.
the President nor the secretary of l Ante, chap, xxxvii. pp. 20-
State held any interview with lum, 28.

186 LIFE AND TIMES OF liLVDISON.
they respectively dealt to us in the treatment of oux
ships or productions.'
The justice and sound policy of these principles,
in the abstract, could not be, and was not, denied.
But their bearing on the actual condition of the
ti-ade Avith Great Britain, and the colonial subor
dination to that power in which so many had been
nurtured and which they were not yet able to throw
off mentaUy, strengthened by political sympathies
and exaggerated fears of the consequences of a
commercial conflict, were in each instance suffi
cient, imder the management of adroit leaders, to
postpone or defeat the measures proposed. The
influence of the secretary of the ti-easury was weU
knoAvn to be earnestly and actively exerted against
them ; and the division on these and like questions,
growing out of the hostile and arbitrary conduct
of Great Britain toAvards the United States, was in
the main coincident Avith the division that had
akeady taken place, on other principles, under the
denomination of FederaUst and RepubUcan.
The RepubUcans, who were avoAved and deter
mined opponents of the wrongs and injustice of
Great Britain, and earnest in thek efforts to apply
a practical corrective, were accused by thek politi
cal adversaries, the FederaUsts, of being actuated in
thek tui'u by an undue partiality to France. But
in no just sense could a cordial and grateful recol
lection of the valuable services rendered by that
power to the United States, in their unequal strug-
1 Ante, chap. xli. pp. 133-138.

SYMPATHY WITH FRANCE. 187
gle for independence, or a disposition to reciprocate
the advances since made by her towards a liberal
and profitable commerce, be considered as the off
spring of an undue partiality. They were just
and natm-al sentiments ; and, as such, Avere shared
by the great body of the American people. Some
of the leaders of the Federal party, in thek exclu
sive predilection for England, sought to repress
these sentiments by depreciating the proofs which
France had given of her friendship for the United
States ; or by inculcating the revolting doctrine, op
posed alike to the precepts of morality and sound
policy, that among nations gratitude is a feeling
which has no legitimate existence or solid founda
tion.' When France was at length engaged in a Adtal
struggle for her OAvn liberties, against the accumu
lated abuses of centuries of misgovernment and
oppression, nothing was more natural than that
the people of the United States should sympa
thize in the fortunes of a struggle, on Avhich not
only the destinies of a former ally and friend, but
the hopes of future amelioration in the conditiou
of mankind at large, seemed so much to depend.
In this light, the French Revolution, in its origin.

1 This doctrine was most elaho- tory of the United States, for the
rately inculcated by the secretary purpose of invading the adjacent
of the treasury, in a written opinion Spanish possessions, with which we
given by him to President Wash- were at peace. — See the opinion in
mgton,asearly as September, 1790, Hamilton's Works, vol. iv. pp.
in favor of allowing a free passage 48-69.
to British troops through the terri-

188 LIFE AND TIMES OF MADISON.
was viewed by the enlightened friends of progress
and improvement throughout the world. As yet, it
had been soiled by no wanton or deliberate crime ;
and even in England, the hereditary rival and
enemy of France, a large majority of her people,
of her statesmen, and of her phUosophers, Avere at
fkst hearty Avell-wishers to the cause of the Revo
lution.' It would have been unnatural and reproachful,
indeed, if this had been less the case in America.
But Avhile the great body of the American people,
and the republican party especially, warmly sym
pathized in the efforts of social and political
regeneration in France, the leaders and influential
exponents of that sentiment here never failed, as
we shall see, to assert Avith manly firmness the
rights, the dignity, and the honor of their country,
as often as they were threatened by the maddening
violence of the revolutionary tornado, when it
swept along our shores ; and to exert all their
influence to keep the nation from being drawn,
on either side, into the maelstrom of the general
European war which it occasioned.
1 This is admitted by AUson, other side. — See Hist. Europe, vol.
with the whole current of his prin- i. chap. vi.
ciples and prepossessions on the

CHAPTER XLIIL
Tour of the President in the Southem States — Excursion of Mr. Jeffer
son and Mr. Madison in the North — Mr. Madison spends Several
Weeks in New York — Communications with Freneau — Circum
stances which led to the Establishment of a Political Journal in Phila
delphia by the Latter — Spirited Letter of Mr. Madison, repelling an
Anonymous Attack of Colonel Hamilton on hira — His Correspond
ence from New York, describing the State of PoUtical Parties — De
nunciations of the President by the Advocates of a National Bank —
Shameless Speculations in the PubUc Funds — Mr. Jefferson coraran
nicates to him Repeated and Affectionate Inquiries of the President
about him — He returns to Virginia a Few Weeks before the Meeting
of Congress — First Session of Second Congress — Changes in Com
position of the Body by the Recent Elections — Its first Business to
prepare an Act for Apportionment of Representatives according to Cen
sus lately taken — Eesolution proposed by Mr. Lawrance of New
York for allowing one Representative for every Thirty Thousand In
habitants — BUl brought in according to the Resolution — Sectional
and Political Considerations arrayed against it — Passes House of Rep
resentatives by a Large Majority — Amended in Senate by changing
the Ratio from Thirty to Thirty -three Thousand — Araendment of Sen
ate gives rise to AVarm Debate in the House — Ratio of Thirty Thou
sand objected to as favorable to the Southern States, and especially
to Virginia — Dignified Eeply of Mr. Madison to these Objections —
Bill finally lost by Disagreeraent of the Two Houses — A Second Bill
brought in, founded on the same Eatio, but providing for an early
Ee-apportionment according to a New Census — This Bill also amended
in the Senate, by applying the Proposed Eatio to the Aggregate Popu
lation ofthe Union, Instead of the " Eespective Numbers of the States,"
according to the Language of the Constitution — Amendment, dis-

190 LIFE AND TIMES OF MADISON.
agreed to at first, finaUy concurred in by the House — BUl submitted
to the President — His Cabinet equally divided in Opinion on the
Constitutionality ofthe Act — He refers his Determination to the Ad
vice of Mr. Madison, and finaUy disapproves the Bill — A Third BiU
brought in, which received the Sanction of both Branches of the Le
gislature, and of the President — The Veto of the President on the
Second Bill as being contrary to the Constitution, and the Arrest of
another Unconstitutional Act of Congress about the Same Time, by a
Decision of the Judiciary, re-animate the hopes of the Eepublican
Party — Cheering Letters on the Occasion from Mr. Madison to Judge
Pendleton and Governor Lee.
The vacation in the sittings of Congress, this
year, Avas the longest that had occurred since the
adoption of the Constitution. It extended from
the 4th of March to the 24th of October, 1791.
The President determined to take advantage of it
to make a tour of the Southern States, having
already visited the Eastern the first year of his
presidency. He left PhUadelphia the 20th of
March, and returned the 16th of July. Tavo
months of that interval were devoted to an excur
sion through the States of Vkginia, North Carolina,
South Carolina, and Georgia, which, besides the
relaxation it afforded, gave him great satisfaction
with regard |;o the general condition of the country.
Mr. Madison remained in Philadelphia some time
after the adjournment of Congress, and then formed
the project of an excursion, in company with Mr.
Jefferson, through a portion of the Eastern States,
having never yet visited that part of the Confed
eracy. He preceded Mr. Jefferson several days as
far as New York ; and while there received a letter

TOUR THEOUGH THE EASTERN STATES. 191
from him, saying, " I shaU propose to you, when
we tack about from the extremity of our journey
[Lakes George and Champlain], to cross over
through Vermont to Connecticut River, and doAvn
that to New Haven ; then through Long Island to
New York, and so to Philadelphia." To this Mr.
Madison replied, " I do not foresee any objection to
the route you propose. Health, recreation, and
curiosity being my objects, I can never be out of
my way."
The tourists set out from New York on the 20th
of May, and returned to that city on the 16th of
June, after fulfilling the precise programme of the
excursion sketched by Mr. Jefferson. It had no
other object than a temporary relaxation from pub
lic cares, and an enlarged acquaintance with the
country, chiefly in its natural features ; and in both
respects yielded the anticipated gratification. In
a letter to his father, of the 2d of July, from New
York, Mr. Madison says, " The tour I lately made
with Mr. Jefferson, of which I have given the out
line to my brother, was a very agreeable one, and
carried us through an interesting country, new to
us both.'"
It was during the sojournment of Mr. Madison
in New York, that those communications took
place with his early friend and college companion,
Freneau, which are supposed to have contributed
1 This tour, so entirely one of malevolence, as having in view ob-
private gratification, has beeu mis- jects of political intrigue. — See
represented, by » spirit of party Hist. Am. Rep., vol. iv. p. 506.

192 LIFE ^VND TIMES OF iLADISON.
to the establishment of a new poUtical joui-nal in
PhUadelphia, and which Colonel HamUton, in the
exaggeration of his personal and political feelings
at the time, very absui-dly made the subject of
serious crimination against both him and Mr. Jef
ferson.' An explanation of 'Sh. Madison's pai-tici-
pation in the affak becomes essential, therefore, to
the ends of ti'uth and justice. The only poUtical
newspaper of genei-al ckculation then published in
PhUadelphia was Fenno's •- L'nited-States Gazette,"
which was zealously devoted to the advocacy of
Colonel HamUton's principles and measures, and
was the medium through which poUtical theories
and docti-ines were propagated, tending dkectly to
a radical change in the republican institutions of
the counti-y. By those who chei-ished Avith sin
cerity the republican principles of the government,
and honestiy deprecated the tendency of Colonel
HamUton's measures, it was considered very de
skable that another journal should be established
at the seat of govemment, through which thek
views might be fakly presented, vrith those of
their adversaries, to the public miud.
Mr. Madison, from his prominent connection
Avith the poUtical discussions of the time, was one
of those to whom this view of the subject Avould
naturaUy present itself; and concurring with these

1 Sec the letter of HamUton to anonymous pubUcations in the
Colonel Carrington, of the 20th " United-States Gazette," under
May, 1792, in Hist. Am. Rep., vol. the signatures of "American" and
IV. pp. 52i>-o40 ; and his subsequent " CatuUus."

COMMUNICATIONS WITH FRENEAU. 193
public considei-ations was the deske he felt to pro
mote the interests and usefulness of a man of rare
genius and most attaching personal qualities, Avhom
he had long known and cordially esteemed, and
who for some time past had been professionally
connected Avith the press of a neighboring city.
He had akeady recommended Freneau to Mr.
Jefferson for the occasional serAice of translating
the French language in the department of State,
for which he was peculiarly qualified by his French
extraction and education. The salary attached to
the appointment being a very inconsiderable sum
(two hundred and fifty doUai-s only), rendered it
necessary to confer it on some oue engaged in
other pursuits as his principal means of support.
Mr. Jefferson having expressed a willingness to
offer the appointment to Freneau, ]\Ir. Madison, on
his arrival in New York, had an intervicAV AAith
the latter ; the result of which, after correcting a
misapprehension as to the nature of the duties to
be performed, was communicated to Mr. Jefferson
in a letter of the 1st of May, 1791. " Being now
set right as to this particular, and being made sen
sible of the advantages of PhUadelphia over New
Jersey (where he had proposed to set up a news
paper) for his private undertaking, his mind is
taking another turn; and, if the scantiness of his
capital should not be a bar, I think he vrill estab
Ush himself in the former. At aU events, he vriU
give his friends there an opportunit}" of aiding his
decision by thek information and counsel. The
VOL. III. 13

194 LIFE AND TIMES OF MADISON.
more I learn of his character, talents, and princi
ples, the more I should regret his burying himself
in the obscui-ity he had chosen in New Jersey. It
is certain that there is not to be found, in the whole
catalogue of American printers, a single name that
can approach towards a rivalship."
Some new difficulties supervening after this con
versation with Mr. Madison, Freneau had relin
quished the design of going to Philadelphia and
establishing a newspaper there, when Colonel Henry
Lee of Virginia, who, like Mr. Madison, had been
an intimate college friend of Freneau, being then
on a visit to the North, and concurring warmly in
the expediency of the proposed journal, as well as
in the deske to advance the fortunes of his friend,
finally induced him to engage in the undertaking.'
This is the simple history of Mr. Madison's con
nection Avith the origin of Freneau's paper, which,
natural and honorable as it was. Colonel Hamilton
magnified into an atrocious plot by him and Mr.
Jefferson against the government itself, and put
into requisition all his means of secret information
1 See Mr. Trist's memorandum of some subscribers to his Gazette."
of a conversation of Mr. Madison, In another letter of the 6th Febru-
cited in Randall's Life of Jefferson, ary, 1792, he says, " The No. of
vol. II. p. 74. 'Freneau's Gazette' you mention
The coiTespondence of Colonel has not reached me ; nor indeed
Lee with Mr. Madison affords have I, for two mails, got any pa-
many evidences of the lively inter- pers from him. This precarious-
est he took in Freneau's paper. ness in the reception of his paper
In a letter of the Sth December, will cramp its circulation, for which
1791, to Mr. Madison, he says, I am exceedingly sorry, as it is ris-
" The inclosed please to hand to our ing fast into reputation."
friend Freneau. It contains a Ust

FRENEAU'S NEWSPAPER, 195
to obtain the particulars of, — with the details of
time and place ; ' when he could have had from
the parties themselves, Avithout the slightest diffi
culty or reluctance on their part, a plain, unvar
nished statement of the whole transaction.
Freneau established his paper in Philadelphia in
the autumn of 1791, under the title of the "Na
tional Gazette," the first number of which appeared
on the 31st October of that year; and it continued
to be published there, with much reputation and
ability, for the space of two years. While serving
as a vehicle of various and useful information to
the public, it examined with freedom and indepen
dence the measures of the secretary of the treasury,
and the principles and policy of the party which
followed his lead ; and, although published in times
of high party excitement, it rarely if ever indulged
in a license of animadversion on its political oppo
nents comparable to that, of which Colonel HamU
ton himself set the example, in anonymous, but
thinly disguised, communications of his own to the
rival Gazette.^ Mr. Jefferson never wrote an article

1 See Colonel Harailton's letter " Fenno's Gazette," in the suramer
to Mr. Boudinot of New Jersey, of and autumn of 1792, under the as-
13th August, 1792, asking him to sumed naraes of " Araerican " .and
obtain " the particulars of all the " Catullus.'' These articles were
steps taken by 'Mr. Madison, the known at the tirae to be the pro-
when and where, ^c," in Hamilton's ductions of Colonel Hamilton, and
Works, vol. V. p. 519. A similar are now republished as such in his
call was made on Mr. Dayton of Works, vol. vii. pp. 5-75.
New Jersey. — See Mr. Dayton's AVhen the charges contained
reply, idem, pp. 521, 522. in those anonymous publications
2 See the series of bitter and against Mr. Madison, rel.ative to the
violent articles communicated to origin of Freneau's paper, first feU

196

LUFE AND TIMES OF MADISON.

of any kind for the paper ; and the few articles con
tributed to it by Mr. Madison were of an abstract
and speculative character, and scrupulously avoided
all party recrimination.
We have already had occasion to allude to the
sentiments of extreme dissatisfaction and impa-

under his eye, he was in Virginia ;
and, in a letter to Mr. Edmund
Randolph, of the 13th of August,
1792, he referred to them in the
following terms of manly frankness,
not unmixed with a just and natu
ral indignation : —
" That I wished and recom
mended Mr. Freneau to be ap
pointed to his present clerkship, is
certain. But the department of
State was not the only, nor as I
recollect the first, one to which I
mentioned his name and character.
I was governed in these recom
mendations by an acquaintance of
long standing, by a respect for his
talents, and by a knowledge of his
merit and sufferings in the cause
of the Revolution. Had I been less
abstemious, in my practice, from
solicitations in behalf of my friends,
I should probably have been more
early in thinking of him.
" That, with others of his par
ticular acquaintances, I wished and
advised hira to establish a press at
Philadelphia, instead of one medi
tated by him in New Jersey, is also
certain. I advised the change,
because I thought his interest
would be advanced by it ; and be
cause, as a. friend, I was desirous
that his interest should be ad
vanced. This was my primary
and governing motive. That, as a

consequential one, I entertained
hopes that a free paper, raeant for
general circulation, and edited by a
man of genius, of republican princi
ples, and a friend to the Constitu
tion, would be an antidote to the
doctrines and discourses circulated
in favor of monarchy and aristoc
racy, and would be an acceptable
vehicle of public information in
many places not sufficiently sup
plied with it, . — this also is a cer
tain truth. But it is a truth which
I never could be tempted to con
ceal, or wish to be concealed. If
there be a temptation in the case,
it would be to make a merit of
it. " But that the establishment of
Freneau's press was wished in or
der to sap the Constitution ; and
that I forwarded the measure, or
that my agency negotiated it, by
an iUicit or improper connection
between the functions of a translat
ing clerk in a public office and
those of an editor of a Gazette, —
these are charges which ought to
be as irapotent as they are maU
cious. The first is surely incredi
ble, if any charge could be so.
And the second is, I hope, at least
improbable, aud not to be credited,
until unequivocal proof shaU be
substituted for anonymous and vir
ulent assertion."

DENUNCIATIONS OF THE PEESIDENT. 197
tience which the President's hesitation, with regard
to the approval of the Bank Bill, excited among
the partisans of that measure. Mr. Madison
learned in New York, that the manifestations of
those feelings towards the President in that city
had been particularly violent, and knew no limits
of decency or respect. In his letter to Mr. Jeffer
son, of the 1st of May, from which we have just
given an extract, he says : —
" We understood in Philadelphia, that, during
the suspension of the Bank BUl in the hands of
the President, its partisans here indulged them
selves in refiections not very decent. I have reason
to believe that the licentiousness of the tongues of
speculators and tories far exceeded any thing that
was conceived. The meanest motives were charged
upon him ; and the most insolent menaces held
over him, if not in the open streets, under circum
stances not less marking the character of the
party." It is known from other sources, that one of the
motives invented for the President's doubts of
the constitutionality of the bank was his imputed
apprehension, that, if the bill became a law, the
establishment of so important an institution in Phil
adelphia would prove a bar to the ultimate removal
of the seat of government from that place to the
banks of the Potomac, — a measure in which the
President was supposed to take a very lively in
terest. Even Mr. Ames, under the arrogant and
Uliberal feeling of the times, did not scruple to point

198 LIFE AND TBIES OF ilADISON.
suspicion against the President's motives, in the
foUoAving passage of his correspondence, Avi-itten
while the Bank BUl was stiU in the hands of the
President, and its fate supposed to be trembling in
the balance : " This apprehension has an influence
upon Sh. Madison, the secretary of State, as it is
supposed; a-ad jjerhapts up)on a still greater man." '
It is a most remarkable, and but for the official
record Avould be an incredible, fact, that, whUe the
Bank BUl was suspended in the hands of the Presi
dent, a majority of the Senate of the United States,
by a solemn and recorded vote, postponed the con
sideration of a measui-e, which the President had
recommended, respecting the final location of the
Federal disti-ict on the banks of the Potomac, tUl
the very day when, under the Umitations of the
Constitution, he Avould be compelled to send in his
decision one way or the other on the Bank BUl.^
This proceeding admits of no other interpretation
than that of an indecent, howcA'er impotent, men
ace addressed by the friends of the bank in the
Senate, to the supposed interest of the President in
a measure, which they held back as a hostage for
the biU in his hands.
Mr. Aladison, being detained by indisposition in
NeAV York for seA'eral weeks after his retum from
his eastern excursion Avith Mr. Jefferson, was there
when the subscriptions to the Bank of the United
1 See llis letter to George Rich- 2 gee Annals of Congress, First
ards Minot, of 17th February, 1791, Congress, pp. 1801, 1802, and 1812,
in Life and Works of Fisher Ames, 1813.
voL I. pp. 75, 76.

CORRESPONDENCE WITH MR. JEFFERSON. 199
States commenced, and was witness of some of
those scenes of eager, pecuniary speculation, min
gled with poUtical intrigue and corruption, which
that teeming measure gave bkth to. As these
form a monitory and instructive part of the history
of the times, Ave propose to give a few extracts from
Mr. Madison's correspondence with Mr. Jefferson,
then retui-ned to PhUadelphia, in which the former,
in the free and unreserved language of an honest
and indignant disgust at the scenes passing around
him, recorded from time to time the results of his
observations. On the 10th of July he writes : " The bank
shares have risen as much in the market here as
at Philadelphia. It seems admitted on all hands,
noAV, that the plan of the institution gives a moral
certainty of gain to the subscribers, Avith scarce a
physical possibUity of loss. The subscriptions are,
consequently, a mere scramble for so much public
plunder, which will be engrossed by those akeady
loaded with the spoUs of indiAdduals. The event
shoAvs what would have been the operation of the
plan, if, as originaUy proposed, subscriptions had
been limited to the fkst of AprU, and to the favorite
species of stock which the bank-jobbers had monop
olized. " It pretty clearly appears, also, in what propor
tions the pubUc debt lies in the country ; what sort
of hands hold it ; and by whom the people of the
United States are to be governed. Of all the shame
ful ckcumstances of this business, it is among the

200 LIFE AND TIMES OF MADISON.
greatest to see the members of the legislature, who
were most active in pushing this job, openly grasp
ing its emoluments. Schuyler is to be put at the
head of the directors, if the weight of the New-
York subscribers can effect it. In fact, stock-job
bing drowns every other subject. The coffee-house
is in an eternal buzz with the gamblers."
In a letter written three days later, — the 13th of
July, — he mentions a rumor, that a large number
of subscriptions in New York, Boston, and Balti
more had been excluded by means charged to the
manoeuvres of Philadelphia, who was said to have
secured a majority of the Avhole to herself. " The
disappointed individuals," he says, " are clamorous,
of course ; and the language of the place marks a
general indignation on the subject. If it should
turn out that the cards were packed for the purpose
of securing the game to Philadelphia, or even that
more than half of the institution, and of course the
whole direction of it, have fallen into the hands of
that city, some, who have been loudest in thek
plaudits whilst they expected to share in the plun
der, will be equally so in sounding the injustice of
monopoly and the danger of undue influence on
the government."
On the Sth of August, he writes that speculations
had recently been turned to the deferred debt, in
consequence of intimations that a provision would
be proposed for it at the next session of Congress ;
and mentions that packet-boats and expresses are
again sent from this place to the Southern States,

CORRESPONDENCE WITH MR. JEFFERSON. 201
to buy up paper of all sorts that had risen in the
market here." He then adds : —
" It seems agreed on aU hands, now, that the
bank is a certain and gratuitous augmentation of
the capitals subscribed, in the proportion of not less
than forty or fifty per cent ; and if the deferred debt
should be immediately provided for, in favor of the
purchasers of it in the deferred shape, and since
the unanimous vote that no change should be made
in the funding-system, -my imagination avUI not at
tempt to set bounds to the darkig depravity of the
times. The stock-jobbers Avill become the preto-
rian bands of the government, at once its tool and
its tyrant, bribed by its largesses, and overaAving it
by clamors and combinations."
While Mr. Madison continued to be stiU detained
in New York by indisposition, Mr. Jefferson Avrote
to him frequently from Philadelphia, givmg him
the detaUs of foreign intelligence received at the
State department, and inquiring with anxiety about
the state of his health. In a letter of the 18th of
August, he mentions particularly the repeated and
affectionate inqukies of the President. " All your
acquaintances," he said, " are perpetuaUy asking
if you are arrived. It has been the first question
from the President every time I have seen him this
forfaiight. If you had arrived before dinner to-day,
I had a strong charge to carry you there. Come
on, then, and make us all happy."
A fcAv days after the date of this letter, Mr.
Madison arrived in Philadelphia ; and, spending a

202 LIFE AND TMES OF MADISON.
week or ten days there, he set out with Mr. Jef
ferson for Virginia, on the first day of September.
He was not permitted by his public duties to
remain at home more than a few weeks. He re
turned, as he had come, in company Avith Mr. Jef
ferson. Passing a day at Mount Vernon, Avhere
the President then Avas on a brief respite from his
official cares, they reached Philadelphia on the 22d
of October, only two days before the meeting of
Congress. Writing to his father on the 30th of Oc
tober, he says, " We arrived here yesterday morn
ing Avas a week ; having been obliged to push
through the bad Aveather by the discovery, first
made at Mount Vernon, that the meeting of Con
gress [fixed for the fourth Monday of October] was
a week earlier than Avas calculated at our setting
out. The President had been under the same mis
take, and had but just been apprised of it."
Each House of Congress formed a quorum on
the day appointed for their meeting ; and on the
following day the President's speech was delivered.
Mr. Madison, as on former occasions, Avas made
chairman of the committee to report the address,
which was unanimously adopted in the form re
ported by him. The new elections, which had
taken place, had made but little change in the
composition of either branch of the legislature ; '
1 Among the changes made by senator from New York ; and of
the recent elections, a very notice- Mr. Cabot in the place of Mr. Dat
able one in the Senate was the ton, as senator from Massachusetts.
choice of Colonel Burr, to the ex- In the House of Representatives,
elusion of General Schuyler, as a araong the new members were

RESOLUTION OFFERED BY MR. LAWRANCE. 203
and the total number of representatives remained
unchanged from what it Avas under the temporary
arrangement, agreed upon at the adoption of the
Constitution, with the exception only of the addi
tion of two members from each of the new States
of Vermont and Kentucky. But the enumeration
of inhabitants, provided for by the Constitution,
being now completed and laid by the President be
fore Congress, one of the first duties that devolved
upon it was to pass an act for the re-adjustment of
the representation in the next Congress, according
to the data which that census furnished.
The subject was introduced by a resolution, of
fered by Mr. LaAvrance of New York, on the 31st
of October, declaring that, " until the next enumera
tion, the number of representatives shall be one to
every thirty thousand" of the Federal numbers.
This Avas the ratio of representation AA'hich we
have seen was, on the motion of General Washing
ton in the convention, unanimously inserted in the
Constitution, instead of forty thousand, as the limit
beyond Avhich the number of representatives Avas
never to be extended. We have also seen, that,
among the amendments of the Constitution, recom
mended by the late Congress to the States, Avas one
providing affirmatively, that " there shall be one
representative for every thirty thousand," until a
certain aggregate number of representatives be
Mr. Hillhouse of Connecticut, Mr. land, Mr. Venable of Virginia, Mr.
Dayton of New Jersey, Colonel Macon of North Carolina, and Mr.
Mercer and Mr. Murray of Mary- BarnweU of South CaroUna.

204 LIFE AND TIMES OF MADISON.
reached. This amendment had been akeady agreed
to by eight of the States, forming a considerable
majority of the whole, though falUng short of the
three-fourths requisite to make it technically a part
of the Constitution. It was a ratio, then, which
had received the authentic sanction of public opin
ion in multiplied forms, as that which should con
stitute the basis of representation in the outset
of the government, untU the progressive increase of
population should render a resort to a higher ratio
necessary, to prevent an inconvenient enlargement
of the representative body.
The resolution was debated for several days;
and a higher ratio was proposed and adA'ocated,
mainly by those Avhose political principles incUned
them to habitual jealousy of the popular branch of
the govei-nment. Sh. LaAvrance's proposition, how
ever, was finally adopted by a majority of thkty-
five to twent}-three, and a committee appointed to
bring in a biU in pursuance of it.
The duty of the committee was a very plain one,
according to the interpretation of the Constitution
which had, doAvn to that time, universally pre
vaUed. It was simply to apply the ratio agreed
upon by the House to " the respectiA'e numbers of
the States " (this being the language of the Consti
tution), and then to allot to each State a number
of representatives corresponding with the quotient
yielded in each case. This was done ; and a biU
reported, allowing to New Hampshke, according to
the prescribed ratio, four members ; Massachusetts,

DEBATE ON BILL FOE APPORTIONMENT. 205
fifteen ; Coimecticut, seven ; Rhode Island, two ;
Vermont, two ; New York, eleven ; Noav Jer
sey, five ; Pennsylvania, fom-teen ; Delaware, one ;
Maryland, nine ; Vkginia, twenty-one ; North Car
olina, eleven ; Georgia, two ; and South Carolina,
whose census had not yet been received, the num
ber (probably six) resulting from the same ratio to
be applied to her census, when received, — making
in aU an aggregate of one hundred and twelve
representatives. The biU was taken up for consideration on the
21st of November, and was imder discussion for
several days. The leading objection urged against
it in debate was, that it rendered the House of
Representatives too numerous a body ; which, by
the weight of its numbers, would become an over
match for the » Senate, and endanger the influence
of that branch, Avith the i-ights and interests of the
smaller States. Mr. Dayton, of New Jersey, was
the chief exponent of these opinions, and in the
course of his remarks made an open and inflam
matory appeal to the Senate to reject the bUl, if it
should pass the House.
"Let thirty thousand," he said, "be adopted as
the ratio of representation, and he hesitated not to
declare, that, whenever the representatives should
think proper to resolve any important point of dis
pute into a questipn of fii-mness betAveen the two
Houses, the Senate must yield to thek superior
weight, and shrink from the unequal contest. . . .
That body, he was sm-e, was too mindful of thek

206 LIFE AND TIMES OF MADISON.
own privileges and importance to make a voluntary
and deliberate surrender of their independence.
They Avere too regardful of the interests of their
constituents to assent to an act giving an undue
weight to that branch of the legislatui-e in Avhich
the great States had such unreasonable influence."
It Avas soon apparent, hoAvever, and yet more
clearly revealed in the sequel, that there Avere local
and political considerations actuating the opposi
tion to the bill, of far more power than the rela
tive Aveight of the large and small States ; for
Massachusetts, one of the largest of the States,
was, by a great majority of her representatiA'es,
the determined adversary of the bill, and Avas sus
tained in her opposition by the general feeling of
Noav England. One of the Massachusetts repre
sentatives, Mr. Sedgwick, proposed, to amend the
bUl, by changing the ratio of representation from
thirty thousand to thirty-four thousand ; and the
motion was supported by nearly the whole of his
coUeagues, as Avell as the New-England delegation
generally.' Its signal defeat, by a vote of thkty-
eight to tAventy-one, discouraged further opposition
to the bill. On the foUoAving day, it passed the
House of Representatives by the imposing vote of
forty-three to tAvelve.
The bill now came before the Senate ; and in
that body various schemes of apportionment, some
of which it is, at this distance of time, difficult
1 Mr. Gerry was a striking and honorable exception from Massachu
setts.

DEBATE ON BILL FOE APPOETIONMENT. 207
to resolve into any semblance of principle, Avere
brought forward and successively rejected. At
length, an amendment, substituting thirty-three
thousand for thirty thousand, as the ratio of repre
sentation, and making an apportionment on that
basis, which gave an aggregate number of one hun
dred and five representatives instead of one hundred
and twelve, as proposed by the bill from the House,
was carried by the casting vote of the Vice-Presi
dent. Of the seven members thus retrenched by
the Senate's amendment, two only were lost by the
States north of the DelaAvare, and five by the States
south. The amendment of the Senate was debated in
the House for three days, and was disagreed to,
on the 14th of December, by a vote of thirty-
seven to twenty-three. The Senate then insisted
on its amendment ; and the House, on the 19th of
December, finally determined, by a vote of thirty-
tAvo to twenty-seven, to adhere to its disagreement.
And so this first effort to adjust the subject of repre
sentation entirely failed.
In the course of the debate in the House on the
Senate's amendment, it was alleged, as the principal
reason for changing the ratio of representation from
thirty to thirty-three thousand, that the former left
larger fractions unrepresented than the latter, and
that those fractions fell mainly to the side of the
smaller States and of the Northern States. If such
were the case, the answer was obvious and conclu
sive, that the smaUer States had an ample com-

208 LEFE AND TIMES OF MADISON.
pensation for any temporary disadvantage of this
kind in thek co-equal representation Avith the
larger States in the Senate ; that the fractions fail
mg more on the north than the south, in the pro
posed apportionment, was purely accidental, as Avell
as temporary ; that in the existing arrangement,
which would continue four years from its . com
mencement, the Northern States had been allowed
a larger representation than their relative numbers
entitled them to ; that no apportionment could be
devised which would not leave unrepresented frac
tions ; that these fractions, shifting in successive
apportionments from one side to the other, would
in the end redress and balance each other ; and
that a just and elevated statesmanship demanded
that the fittest ratio of representation, on general
pruiciples, should be chosen and applied, without
reference to the accidental and temporary local
incidence of fractions, wheresoever they should
faU. The debate, on the part of the opposition to the
original bill, was extremely sectional in its tone
and character, and teemed with invidious allusions.
It so happened, that, under the ratio of thirty thou
sand, the unrepresented fraction of Vkginia was
comparatively small. This was the legitimate,
mathematical result of a principle adopted by the
House upon its intrinsic merits, without the slightest
reference to the case of Virginia ; for the propo
sition was brought forward by a gentleman of New
York, and sustained by many other members, who

SECTIONAL JEALOUSIES. 209
had shown any thing rather than an undue sympa
thy Avith the interests or opinions of Vkginia.
That Virginia was entitled, under the principle
adopted by the House, to the number of repre
sentatives allotted to her by the biU, could not be
denied. And yet, in the course of the debate, some
of the opponents of the bill, arbitrarily assuming
other premises, in contempt of the separate and
distinct organization of the States, on which the
whole Constitution stands, recklessly asserted that
Virgmia had been aUowed by the bill two more
representatives than she was entitled to. And on
this assertion incessant changes were rung, to stimu
late and infiame the jealousies of the other States,
particularly of the North ; Mr. Ames of Massa
chusetts,' and Mr. Dayton of New Jersey, having
especially distiaguished themselves by their zeal
and extravagance in this invidious line of debate.
Mr. Madison, who had hitherto taken but Uttle
part in the discussion of the bill, was roused to
appeal from so Uliberal and unstatesmanlike a pro-

1 Mr. Ames himself may be al- " Though my former letters
lowed to describe the temper in have expressed indifference to the
which he and his coUeagues op- debate on the ratio of representa-
posed the bill. In a letter to his tion, yet, at last, the violent injus-
friend Minot of 23d' December, tice of the BiU became so manifest
1791, written four days after the as to overcome all my moderation. . . .
debate referred to in the text, and AVhat did we Yankees do but
alluding to an excess of two mem- mount the high horse, and scold in
bers, which, according to his as- heroics against the disfranchisement
sumed but unfounded premises, he of the other States.'' — See Life and
aUeges to have been aUowed to Works of Fisher Ames, vol. i. p.
Virginia beyond her just propor- 108.
tion, he says, —
VOL. III. 14

210 LIFE AND TIMES OF MADISON.
cedm-e, to the sober judgment and better feeUngs
of the House.
" He was sorry," he said, " that it almost always
happened, Avhenever any question of general policy
and advantage to the Union was before the House,
when gentlemen found themselves at a loss for
general arguments, they commonly resorted to
local views. And at all times, as well as the
present, when there Avas most occasion for mem
bers to act with the utmost coolness, — when thek
judgments ought to be the least biassed, — it was
to be regretted that, at those times, they suffered
thek feelings, passions, and prejudices to govern
thek reason. Thus it is that the most important
points are embarrassed, the Northern and South
ern interests are held up, and every idea of liber
ality and candor is banished.
" The gentleman from New York (Mr. Law
rance), when he introduced this subject at the com
mencement of the present session, did it on the
most generous plan, and disavowed every principle
of calculation so entkely that he then declared he
had not so much as made a single calculation of
the different fractions, which have been since in
troduced into the debate : his only object was to
fix a rule on general principles, agreeably to the
Constitution and to the preservation of the rights
of the people. And this idea was approved by
two of the gentlemen from New Jersey, who have
since altered their opinions, although they then had
no objections but as to the expense.

PEOPOSITION FOE A NEW BILL. 211
" The idea of fractions was not then contended
for, but has since become the very essence of the
opposition ; and Ave are called upon to violate
the Constitution by adopting a measure that avUI
give representatives for those separate and distinct
fractions in the respective States. And afterwards
we are told it is not to the fractional numbers
in the States that they refer, but to the aggregate
of the fractions in the United States. If this rea
soning is good, why do gentlemen stop at the
boundary of a representation by States ] Why
not proceed to erect the whole of the United
States into one district, without any division, in
order to prevent the inequality they conceive to
exist in relation to individual States 1 " '
The loss of the bill, by the disagreement between
the two Houses and the illiberal spirit manifested
by the opposition to it, left such impressions of dis
gust on the minds of many members, that a consid
erable time elapsed before the subject was renewed.
At length, on the 24th day of January, 1792, a
proposition was made and carried in the House,
that a new bill should 'be reported on the plan of
the first ; but to meet the objection which had been
urged against that bill, respecting the falling of the
unrepresented fractions more on a certain class of
States than others, the new bill was to provide for
an early re-apportionment of representatives accord
ing to a new census which should be taken in the
• See Annals of Congress, Ser-ond Congrrse, 1701-1793, pp. 264, 265.

212 LIFE AND TIMES OF MADISON.
course of four years, instead of being postponed for
ten.' After much discussion, the bUl reported in pursu
ance of this proposition passed the House on the
21st of February, 1792, by a vote of thkty-four to
sixteen. It Avas under discussion in the Senate from
that dav to the 12th of March, when an amendment
Avas carried, founded on the heterodox notion of dis
regarding the separate organization and individuaUty
of the States, and applying the ratio of representa
tion, not to " thek respective numbers," but to the
aggregate population of the Union. This process
produced a total number of one hundred and
twenty representatives, which, after being distrib
uted among the States as far as the uniform ratio
of thktA' thousand, appUed to thek respective num
bers, coiUd effect it, left a residue of eight members,
that Avere then aUotted to eight of tibe States by
other and vridely differing ratios, aU of which were
below the minimum fixed by the Constitution, if
considered Avith reference to the respective num-
1 Mr. Madison, a few days before of ten years. This expedient is
the adoption of this resolution, that relished generaUy by the Southern
is, on the 21st of January, 1792, States, and by New York and A'er-
wTote to Judge Pendleton as fbl- mont, which are growing States.
lows : — It wiU be equaUy unpalatable to
" The motion aUuded to pro- Massachusetts, Connecticut, &c.,
poses, as compensation for the pres- which are willing to take the bene-
ent irregularity effractions, a repeti- fit of the future operation of an ap-
tion of the census in four or five jwrtionment for ten years, although
years, which will have not only the tbey raise so great an outcry
effect of shortening the term of the against the Uttie fractional ad-van-
fractions complained of, but of pre- tage accruing to other States fitim
venting the accumulation of much the ratio of one for thirty thon-
greater inequaUties witliin a period sand."

BILL SUBMITTED TO THE PEESIDENT. 213
bers of the States. Of these eight residuary
members, two only Avere aUotted to States south of
the Chesapeake : the other six were allotted to
States north of it.
This project had, on a former occasion, been
rejected in the Senate by a vote of fifteen to nine ; '
and was now carried by the close vote of fom-teen
to thkteen. In eager pursuit of sectional advan
tage, it lost sight, not only of the principles of the
Constitution, but of the objections Avhich its advo
cates had formerly urged Avith great zeal against the
bUl of the House of Representatives as producing
too numerous an assembly, though the number of
members proposed by that biU was eight less than
noAv resulted from thek oavu measure. The amend
ment of the Senate, at first disagreed to by the
House, was finaUy, on the 23d of March, concurred
in by a vote of thirty-one to tAventy-nine ; and the
bUl, so amended, came before the President for his
approval. On the 25th of March, Mr. Aladison wrote to
his friend Judge Pendleton, " The bUl passed on
Friday last in the form in Avhich it was sent from
the Senate, that is, Arith the distiibution of one
hundl-ed and twenty members among the States,
and the provision for a second census expunged.
It Avas carried in the Senate by a majority of one,
and in the House of Representatives by a majority
of two only. It now remains with the President.
• See Proceedings of Senate on of Congress (Second Congress,
the 7th December, 1791, in Annals 1791-1793), pp. 42, 43.

214 LIFE AND TIMES OF MADISON.
The history of this subject involves many un
pleasing circumstances ; and the result appears
to me absolutely irreconcilable Avith the Constitu
tion." The mind of the President was naturally much
embarrassed by the question presented for his de
cision. He had, as we have seen, adopted it as a
rule that the President ought not to negative the
determinations of the legislature, unless in cases
where those determinations were clearly wrong.
In the present instance, his cabinet officers, whom
he consulted with regard to the constitutionaUty
of the act, Avere equally divided in opinion, — the
secretary of State and the attorney-general main
taining its unconstitutionality ; the secretary of the
treasury and the secretary of war, the contrary. It
was a case, also, in Avhich the votes in the legislature
were divided by an almost exact geographical line,
— all the Southern members, without exception,
having voted against the bill ; and the Northern
members, with but foAV exceptions, in favor of it. In
his -exalted position, the President felt the delicacy
of a decision which would expose him to the suspi
cion of being actuated by an undue bias in favor of
his own section of the Union.
Under these circumstances, we are informed by a
contemporary memorial of the transaction, that he
recm-red to the judgment and advice of Mr. Madi
son, upon whose concurrence or non-concurrence
in the opinions of the attorney-general and the
secretary of State he was AvUling to make his own

THE PEESIDENT'S VETO. 215
decision depend.' No higher proof of confidence,
or from a higher source, could have been bestowed.
The President's own convictions being thus forti
fied, he returned the bill with his negative ; and, in
arresting an unconstitutional act, he rebuked, if
unfortunately he failed to cure, the narrow, sec
tional spkit in which it had been engendered.
In a letter written by Mr. Madison to Judge
Pendleton on the 9th 6f April, — three days after
the presidential veto, — he thus aUudes to the
subject : —
" You will find, by the inclosed papers, that the
President's negative has saved us from the uncon
stitutional allotment of representatives proposed by
the bUl on that subject. The contest is now to be
between a ratio of one for thirty thousand and one
for thirty-three thousand. I think it most likely to
end in the latter, this being most favorable to the
northern part of the Union, — the ckcumstauce
which produced the curious project contained in
the late biU."
Mr. Madison's anticipation was verified. The
bill which was introduced, and finally became a
law, adopted the ratio of thirty-three thousand as
most favorable to the North ; though, in the ap-
1 See the memorandum of Mr. Third to Sir William Temple, in
Jefferson, made at the time, and sending to obtain his advice on
now found in his Writings, vol. iv. the Triennial BUl : but with this
pp. 466, 467. marked difference, that, in the case
The recurrence to Mr. Madi- of Temple, the advice given was
son's advice on this occasion, by not followed ; in that of Madison,
Washington, recalls the simUar it was cordiaUy accepted and acted
compliment paid by WUUam the upon.

216 LIFE AND TIMES OF MADISON.
plication of that ratio, it was forced to conform
to the constitutional principles laid doAvn in the
veto. The friends of repubUcan Uberty had long Avished
for the assertion of some salutary power of peacea
ble protection, provided by the Constitution, against
the encroachments of an unbridled majority. The
exercise of the President's negative on this occasion
gave great satisfaction, therefore, to a large portion
of the American people. Nor did it stand alone.
About the same time, the judges of the supreme
court refused to execute an act of Congress recently
passed, on the express ground of its being contrary
to the Constitution.'
These two events Avere naturally associated, by
Mr. Madison, as subjects of gratulation in a letter
of the 15th of April, 1792, to Colonel Hem-y Lee,
then gOA'emor of Vkginia, in Avhich he says, " You
akeady know that the President has exerted his
power of checking the unconstitiitional career of
Congress. The judges have also called the atten
tion of the public to legislative failibiUty, by pro
nouncing a law, providing for invaUd pensioners,
unconstitutional and void." In the midst of ithe
unequal struggle which the republican party was
then waging to maintain the limitations of the Con
stitution against a bold and imperious majority,
these manifestations of a twofold, corrective power,
prorided by the Constitution, animated thek cour-
1 See Habum's case in 2d Dal- Congress (Second Congress, 1791-
las's Eeports, and also Annals of 1793), pp. 556, 557, and 572, 573.

THE EEPUBLICAN PARTY ENCOURAGED.

217

age and perseverance Avith new, though perhaps
yet distant, hopes of ultimate success.'

1 How differently the action of
the judges, as well as that of the
President, was looked upon by the
adverse party, is significantly shown
by the following extract of a letter
of Fisher Ames to his correspond
ent, Mr. Dwight, of the 25th of
April, 1792: —
" The decision of the judges on
the validity of our pension law is
generally censured as indiscreet
and erroneous. At best, our busi

ness is up-hill; and, with the aid
of our law-courts, the authority of
Congress is barely adequate to keep
the machine moving. But, when
they condemn the law as invaUd,
they embolden the States and their
courts to make many claims of
power, which otherwise they would
not have thought of." — See Life
and Works of F. Ames, vol. ii.
p. 117.

CHAPTER XLIV.
Continuation of First Session of Second Congress — Propositions tending
to augraent the Power of the Executive Departraent at the Expense
of the Legislative — Opposed by Mr. Madison — Disagreeraent of the
Two Houses respecting a Proposition to starap the Head of the Presi
dent, yor the time being, on the Coins of the United States — History of
it given by Mr. Madison — Bill declaring what Oflficer shall perform
the Duties of President, iu case of Vacancy both in Oflice of President
and Vice-President — Personal and Political Considerations which
infiuenced the Decision of the Question — Avowals of Colonel HamU
ton and Mr. Ames — Mr. Madison's Objections to the Arrangement
adopted — Act for raising Additional Troops for Defence of Westem
Frontier against Indian Hostilities — Call on the Secretary of the
Treasury for " his Opinion of the Best Mode of Raising the Additional
Supplies " rendered necessary by this Measure — Discussion on the
Propriety, in a Constitutional View, of such Legislative References
to the Secretary — Arguraent of Mr. Madison against the Practice —
Unbecoming and Mischievous Extent to which it was carried — Re
port of the Secretary of the Treasury on the Encouragement of
Manufactures — He recommends Bounties; and lays down the Sweep
ing Doctrine, that whatever, in the Opinion of Congress, may promote
the General Welfare, is within the Scope of its Powers, so far as re
gards an AppUcation of Money — Mr. Madison, in a Debate on the
Cod Fisheries, animadverts on the Latitude of this Doctrine as incon
sistent with the Fundamental Principles of the Government, and
moves to strike out the Term Bounty from the BiU then before the
House — His Motion is adopted.
Although the Representation BUl, in its succes
sive transformations and the long confUct of geo-

INCREASE OF EXECUTIATE POWER. 219
graphical and political interests which attended it,
occupied a large portion of the present session of
Congress, it did not do so to the total exclusion
of other subjects of general importance. Some
necessary arrangements yet remained to be made
for completing the organization of the govemment
under the ncAV Constitution. Of this character was
the framing of a laAV for the organization of the
post-office department, the establishment of post-
roads, and the regulation in general of the postal
service of the United States.
In the progress of this measure through the
House of Representatives, a proposition was made
by Mr. Sedgwick of Massachusetts, that Congress,
renouncing practically its constitutional power and
duty of establishing post-roads, should leave their
designation wholly to the discretion of the Presi
dent. The proposition was the offspring of a pre
vailing disposition, in a numerous party in Congress
at that day, to augment, in every possible Avay, the
power and influence of the executive department,
at the expense of the popular and representative
branch of the government. It was resisted by
Mr. Madison and other members of the republican
party, as a departure from both the letter and spirit
of the Constitution, and was finally rejected by a
decisive vote.'
1 In the course of the debate, roads, more than in aU other cases f
Mr. Madison said, " Where is the The subject is expressly committed
necessity of departing from the to legislative determination by the
principles of the Constitution, in Constitution. ... He concluded
respect of post-oflices and post- by saying there did not appear to

220 LIFE AND TITklES OF MADISON.
Another ckcumstauce of less importance intrin
sically, but revealing also the respective political
biases of the two parties, occurred at a later period
of the session. In the bill for the estabUshment of
a mint, which came doAvn from the Senate, there
Avas a provision, that a representation of the head of
the President /o/' the time being, with his name and
the numerical order of his succession to the presi
dency, should be stamped upon each of the gold
and sUver coins of the United States. This was
considered by many members of the House as an
unfitting imitation of monarchical usages ; and a
motion to amend the bUl by striking out the pro
posed image of the President for the time being,
and substituting an emblematic figure of Liberty,
was carried by a considerable majority. The
amendment of the House was promptly and em
phaticaUy disagreed to in the Senate ; and the biU,
¦with the disagreement of the Senate to the proposed
amendment, immediately retumed to the House.
The latter, Arith equal spkit and determination,
adhered to its amendment ; and the Senate, deem
ing discretion the better part of valor, receded
from its disagreement, and passed the bUl Arith the
amendment of the House.
The progress and denouement of this under-plot,
not destitute of poUtical significancy, are thus re-

be any necessity for aUenating the tion.'' — Annals of Congress (See-
powers of the House ; and, if this ond Congress, 1791-1798), pp.
should take place, it would be 238, 239.
plainly a violation of the Constitu-

THE CASE OF A PRESIDENTIAL VACANCY. 221
lated by Mr. Madison, in a letter of the 28th of
March, 1792, to Governor Lee, of Virginia: —
" In the course of the bill, a small circumstance
happened, worthy of notice as an index of political
biases. The Senate had proposed in the bill, that
on one side of the coin should be stamped the head
of the President for the time being. This Avas at
tacked in the House of Representatives as a feature
of monarchy; and an amendment agreed to, sub
stituting an emblematic figure of Liberty. On the
return of the biU to the Senate, the amendment
was instantly disagreed to, and the biU sent back to
the House. The question was viewed, on account
of the rapidity and decision of the Senate, as more
serious than at fkst. It was agitated with some fer
vor, and the ffi-st vote of the House confirmed by a
larger majority. The Senate perceiving the temper
of the House, and afraid of losing the bUl, as well
as unAvilling to appeal in such a controversy to the
public criticism, departed from their habitual perse
verance, and acceded to the alteration proposed."
A bill for regulating the election of President and
Vice-President of the United States was brought
forward at an early period of the session. It origi
nated in the Senate, and contained a prorision
declaring on whom the powers of President should
devolve in case of a vacancy in the offices both
of President and Vice-President. The Constitution
had not prorided definitively for so remote a con
tingency, but, instead of doing so, left it to Congress
" to provide by law for the case of removal, death.

222 LIFE AND TIMES OF MADISON.
resignation, or inabUity both of the President and
Vice-President, declaring what officer shall then
act as President ; and such officer shall act accord
ingly, until the disability be removed, or a President
shall be elected."
This subject had been under the consideration
of the House of Representatives at its last session,
when Mr. Smith, of South Carolina, considering
the secretary of State for the iime being as the func
tionary on whom the duties of President • would
most naturally devolve in the contingency referred
to, proposed a legislative declaration to that effect.
The chief-justice, the secretary of the treasury,
the president pro tempore of the Senate, and the
speaker of the House of Representatives, were all
successively suggested, in the course of the debate,
for this eventual but most improbable succession.
In consequence of the great diversity of opinion
manifested, not unmixed with the party feelings of
the day, the subject was postponed for the future
action of Congress.
In the bill, which now came down from the Sen
ate, it was provided, that, in the contemplated con
tingency, " the president ofthe Senate joro tempore,
and in case there shall be no president of the Senate,
then the speaker of the House of Representatives,
shall act as President of the United States, until
the disabiUty be removed or a President shall be
elected." This prorision was objected to in the
House, on the ground that neither the president of
the Senate nor the speaker of the House of Repre-

AMENDMENT OF THE HOUSE DEFEATED. 223
sentatives were officers in the general sense in
tended by the Constitution ; or, if they were, that
the proposed devolution of. the Presidency upon
either of them would be an improper blending of
legislatiA'e and executive functions. At length,
after keeping the subject under consideration for
several weeks, the provision in the Senate BUl was,
on the tenth day of February, 1792, stricken out
by a A'ote of the House ; and the secretary of State
for the time heing inserted in the place of the presi
dent of the Senate and the speaker of the House of
Representatives. The amendment was disagreed to
by the Senate ; and some of its friends in the House,
not considering the question of sufficient practical
importance to justify a protracted and heated con
troversy, gave way, and the bill was passed -in the
form in which it came from the Senate.
Thaf this decision proceeded mainly, if not ex
clusively, from feelings of personal and political
enmity to the gentleman who then fUled the office
of secretary of State, and the jealousy entertained of
him by the friends and partisans of the secretary of
the treasury, is rendered apparent by the surviving
memorials of the time. Colonel Hamilton himself,
in a letter to a friend of his, of nearly contem
poraneous date Avith the transaction, acknowledged
that he used his influence, from motives of personal
and political opposition to Mr. Jefferson, to defeat
the amendment of the House.' And Mr. Fisher
1 See his letter to Colonel Carrington of 20th May, 1792, in Hist. Am
Eep., vol. IV. p. 536.

224

UFE AND TIMES OF MADISON.

Ames, in a letter Avritten three days after the event,
exultingly ascribes the action of the Senate to a
ffi-m determination to bar him out. " The secretary
of State," he says, " is struck out of the bill for
the futiu-e Presidency, in case of the two first offices
becoming vacant. . . . The fkmness of the Senate
kept him out.

" 1

1 Life and Works of Fisher
Ames, vol. i. p. 114.
One is puzzled, at first, to know
why such a persevering opposition
was made to the designation of the
secretary of State for an eventual
succession, which, from the ex
treme improbability of the double
contingency on which it depended,
no one believed would ever be cast
upon him. It was asserted in the
debate, that, according to the doo
trine of chances, it was an even
chance that such a contingency
would not happen more than once
in eight hundred and forty years ;
and, in point of fact, it has never
yet happened since the foundation
of the Constitution. The great
zeal shown to prevent the secretary
of State being declared in the line
of succession to so remote and
shadowy an inheritance, arose from
its connection with another ques
tion of present interest and feeling.
It was the pretension of the secre
tary of the treasury and his friends,
tliat, in analogy to the position of
the first lord of the treasury in
the Englisb cabinet, he ought to
be considered prime minister and
head of the cabinet here. A legis
lative declaration that the secretary
of State should succeed to the
Presidency in tlie event of a double

vacancy in the oflSces of both
President and Vice-President, how
ever iraprobable the actual occur
rence of such a contingency, would,
it was thought, operate as a nega
tive to this pretension.
The pretension itself had as Ut
tle to support it in EngUsh prece
dent as in American law ; for the
duties of secretary of the tieasury
here correspond specificaUy to those
of the chancellor of the exchequer
in England, who has never been
considered as standing in tiie scale
of ofiicial precedence above a sec
retary of State. On the contrary,
the secretary of State there, by an
estabUshed and well-understood
rule of priority, holds an ofiicial
rank superior to that of the chan
cellor of the exchequer. A remark
of Mr. Sherman, iu the course of
the debate, that "to designate any
officer as possible successor to the
President would he giving him too
much dignity," furnishes at once the
clew to the zealous and persevering
efforts of Colonel Hamilton and his
friends to defeat the designation of
the secretary of State, however
natural and proper the designation
might be in itself, and with refer
ence to general considerations of
poUtical fitness.

OBJECTIONS TO ADOPTED AREANGEMENT. 225
The weighty objections to the arrangement which
was made under the influence of the political
interests and passions of the day, and which has
been since left undisturbed, from no other consid
eration, probably, than the very remote and spec
ulative character of the contingency for which it
provides, are thus clearly and strongly stated in a
letter from Mr. Madison to Judge Pendleton, of
the 21st February, 1792: —
" On another point, the bill certainly errs. It
provides, that, in case of a double vacancy, the
executive powers shall devolve on the president
pro tempore of the Senate, and, he faUing, on the
speaker of the House of Representatives. The
objections to this arrangement are various. 1. It
may be questioned whether they are officers in the
constitutional sense. 2. If officers, whether both
should be introduced. 3. As they are created by
the Constitution, they would probably have been
there designated, if contemplated for such a ser
vice, instead of being left to legislative discretion.
4. Either they wUl retain thek legislative stations,
and thek incompatible functions wUl be blended ;
or the incompatibUity vrill supersede those stations,
and those being the substi-atum of the adventitious
functions, they must faU also. The Constitution
says, ' Congress may declare what officer, &c. ; '
which seems to make it not an appointment or
ti-anslation, but an annexation of one office or ti'ust
to another office. The House of Representatives
proposed to substitute the secretary of State, but
TOL. III. 15

226 LIFE AND TIMES OF MADISON.
the Senate disagreed ; and, there being much
delicacy in the matter, it was not pressed by the
former." Among the measures of general interest adopted
during the present session of Congress were an act
to proride for the national defence, by establishing
a uniform militia throughout the United States ;
and another, prescribing the mode in which the
militia should be called forth to execute the laws
of the Union, to suppress insurrections, and repel
invasions. But a mUitary measure of more press
ing necessity than either of these was one called
for by the disastrous defeat which the army, under
General St. Clak, had met with from the hostUe
Indians of the North-west. Three additional regi
ments of regulars were provided for, which, vrith
the number akeady in the field or authorized by
law, raised the regular force for the protection of
the Western frontiers to somewhat more than five
thousand. This involved a large addition to the
current national expenditure, and Arith it a corre
sponding increase of the national burdens.
The House of Representatives had akeady called
on the secretary of the treasury "for such in
formation, with respect to the finances of the
United States, as would enable them to judge what
additional revenue will be necessary in consequence
of the increase of the mUitary establishment."'
But, there being a large party in the House ac
customed to the guidance and -wUling to follow
1 See the Annals of Congress for 19th January, 1792.

A LEGISLATIAHE EEFEEENCE OPPOSED. 227
the lead of the secretary as of oracular authority,
a motion was uoav made caUing on him " for his
opinion of the best mode for raising the additional
supplies." This motion was opposed by Mr. Madi
son, Mr. Fitzsimmons of Pennsylvania, Mr. Bald
win of Georgia, and others, on the ground that it
Avas a dangerous departure in principle from the
constitutional independence of the legislature, and
a virtual abdication of the poAver of originating
money-bills, Avhich the Constitution exclusively
intrusted to the House of Representatives. The
proposition was warmly sustained by Mr. Ames,
Mr. SedgAvick, and Mr. Murray of Maryland, who
derived their arguments in its favor mainly from
the provisions of the act for the estabUshment of
the treasm-y department.
Mr. Madison shoAved, with great clearness and
force, that the act organizing the treasury depart
ment, in making it the duty of the secretary to
" digest and prepare plans for the improvement
and management of the revenue," furnish " esti
mates," and " make report and give information to
either branch of the legislature respecting matters
referred to him," contemplated a procedure wholly
different from that proposed in the present instance.
It was the business of the legislature to form opin
ions and settle principles with regard to the finan
cial policy of the government. To enable them to
do this with full knowledge of all the necessary
data, they might Avith propriety call upon the sec
retary for information, for estimates, for facts, for

228 LIFE AND TIMES OF MADISON.
reports of the condition of the treasury ; and
having declared, in the form of resolutions, the prui
ciples and conclusions they had arrived at concern
ing the policy to be pm-sued, it would then again
be the province of the secretary, if requked, to
prepare and report plans of detail for carrying
those resolutions into effect. But, in the first in
stance, to call upon the secretary for his opinion of
the best policy to be adopted, was to reverse this
natural and constitutional procedure, to render the
legislature subordinate to the executive, and to
renounce its proper duty and responsibility.
So poAverful and unanswerable Avas this view of
the subject, that, on the fkst day of the discussion,
there appeared to be a decided majority of the
House against the adoption of the proposition.
But, on the foUoAving day, the secretary of the
treasury, having exerted his personal influence
vrith members, by holding out the threat of resig
nation if the proposition should not be adopted, it
was finally carried by a very close vote, — thirty-
one to twenty-seven.'

^ It seems to have been the cult to reconcile with any just no-
habit of Colonel Hamilton to con- tion of deUcacy or candor.
sider every opposition to measures " Mr. Madison," he says, " op
in which he was interested, how- posed a reference to rae to report
ever bottoraed that opposition was ways and means for the Western
on principle and a sense of pubUc crpedition, and combated, on princi-
duty, as proceeding from motives pie, the propriety of such references.
of personal and political hostiUty to He well knew, that, if he had pre-
hiraself. Of Mr. Madison's course vaUed, a certain consequence would
on the proposition referred to in the have been my resignation." [The
text, he permits himself to speak reader may well ask why this
with a Ucense of imputation diffi- should have been the consequence ;

DANGEROUS ACCUMULATION OF POW^E. 229
No one can look back to the journals of Con
gress of this period, without being struck with the
dangerous and unconstitutional accumulation of in-
fluence and power in the head of the treasury
department, by the practice which had grown up,
under the dexterous -management of his partisans,
of referring to him, in the first instance, almost
every important question of national policy for his
vicAvs, and the indoctrination of the legislature.
It amounted, in effect, to transferring to him the
initiative of legislation.
This disposition was not unfrequently indulged
at the expense of the chief executive magistrate,
as well as of the legislature. In the draught of
the act passed by the first Congress, to provide for
the public debt, as that act came from the treasury
department and even as it was sanctioned by the
committee, a clause was contained, empoAvering the
secretary of the treasury, of his own independent
action, to make and apply the loan of twelve mU
lions of doUars therein authorized ; and Avhen an
amendment was moved by Mr. Madison, to strike
out the independent power given to the secretary.

or if Colonel HamUton chose to Measures of counteraction were
make it so, why Mr. Madison adopted ; and, when the question
should have been deterred by it was called, Mr. Madison was con-
from pursuing his convictions of founded to find characters voting
public duty and propriety.] " Lay- against him, whom he had counted
ing aside his usual caution, he upon as certain." — See letter of A.
boldly led his troops, as he ima- HamUton to Colonel Carrington, of
gined, to certain victory. He was 20th May, 1792, in Hist. Am. Eep.,
disappointed. Though late, I vol. iv. pp. 527, 528.
became apprised of the danger.

230 LIFE AND TIMES OF MADISON.
and to msert in Ueu of it, that the President be
authorized to cause that sum to be borroAved on
behalf of the United States, and placing the other
arrangements connected with the subject under his
constitutional dkection and control as chief of the
executive department, the amendment met with
earnest resistance from several of the partisans of
the treasury, though it finaUy prevaUed by the
vote of the House.' On the recent occasion of
the resolution above referred to, caUing upon the
secretary of the treasury for information respecting
the finances of the United States, a motion of ]Mr.
Fitzsimmons to amend the resolution, by " request
ing the President to cause the information to be
laid before the House," met Arith an unceremonious
negatiA'e.^ The resolution calling upon the secretary for his
opinion of the best mode of raising the additional
supplies, rendered necessary by the Indian war,
haAong been adopted, that officer now presented a
scheme of finance, remodelling the whole system
of existing duties on foreign merchandise, in con
formity to a report recently made by him, which
had for its special object the encom-agement of do
mestic manufactures. The bUl passed by Congress
was framed in pursuance of his recommendations,
and presented a motley and heterogeneous aspect
in attempting to combine incongruous objects.
Drawbacks, exemptions from duty, and aUowances
1 See Annals of Congress (First ' See Jefferson's Writings, vol.
Congress, 1789-1791), p. 1639. iv. p. 458.

HAMILTON'S EEPOET ON MANUFACTURES. 231
to be paid out of the treasury to favored branches
of industi-y, were huddled together in a bUl for
raising revenue, with impositions and augmenta
tions of duty intended to bring money into the
treasury ; and although the special occasion and
purpose of the biU, as proclaimed by its title, Avas
to raise additional supplies for the protection of the
frontiers against Indian hostilities, the general mass
of duties imposed by it was, in compliance Arith
the secretary's recommendation, made permanent
and of co-equal duration with any portion of the
public debt. A proposition to change this last fea
ture, and to Umit the duration of the bUl to the
particular exigency Avhich gave bkth to it, faUed
only by the ride of the House, Avhich allows the
speaker a vote, when, by casting it Avith the mi
nority, he can produce an equal dirision of the
House.' Of the report of the secretary of the ti-easury
on the subject of manufactiu-es, a further notice is
demanded, not only by the general interest of its
contents, but by the high importance of a question
discussed in it, affecting the Avhole range of the
constitutional powers of the government. A reso
lution adopted by the House of Representatives on
the 15th of January, 1790, at the commencement
of the second session of the first Congress, had
referred it to the secretary of the ti-easui-y to pre-
1 The vote of the House on the with the minority, made an equal
proposition was 32 ayes to 31 nays. division, and thereby defeated the
The speaker (TrumbuU) voting proposition.

232 LIFE AND TIMES OF MADISON.
pare and report a plan or plans for the encourage
ment and promotion of such manufactories as wUl
tend to render the United States independent of
other nations for essential, particularly military,
supplies, as recommended in the speech of the
President at the opening of the session. Nearly
two years had elapsed, when, on the 5th day of
December, 1791, the secretary laid before the
House the report which had been prepared by him
in pursuance of this resolution. Of all his official
reports, it is perhaps, for enlarged views of public
policy as Avell as for subtle and profound disquisi
tion, the most distinguished.
To the preliminary discussion of general prin
ciples, Avhich forms nearly tAvo-thirds of the report,
and in the course of Avhich he sets forth, Avith great
clearness and perspicacity, the advantages of a di
versified system of national industry, and of the
reciprocal dependence of agriculture, manufactures,
and commerce, it would be difficult to take any
just exception. But, Avhen he comes to treat of the
means by Avhich the establishment of manufactures
is to be promoted, he is betrayed, by his habitual
admiration of British example (long since re
nounced by Britain herself), into recommendations,
not only questionable in the view of general prin
ciples and a sound philosophy, but inconsistent
with the republican genius and limited nature of
the government of the United States. Under the
influence of this bias, the instrumentality chiefly
relied on by him for the introduction of manufac-

RECOMMENDATION OF BOUNTIES. 233
tures was that of bounties. Where to find, in the
Constitution of the United States, an authority for
the employment of this invidious agency, Avas the
problem next to be solved.
The secretary does not hesitate to find it in the
first clause of the enumeration of the powers of
Congress, which authorizes the " laying of taxes,
duties, imposts, and excises, to pay the debts and
provide for the common defence and general wel
fare of the United States ; " and boldly pronounces
that the Constitution leaves it to the discretion of
the legislature to determine what objects are con
nected Avith the general welfare, and that " whatever
concerns the general interests of learning, of agri
culture, of manufactures, and of commerce, are
within the sphere of the national councils, as far as
regards an application of money." A construction
which, by a single stroke of the pen, at once oblit
erates and annuls the specific enumeration of the
powers of Congress, and revolutionizes the whole
character of the government as one of limited and
defined authority, could not but startle and arouse
the anxious attention of the friends of the Consti
tution. Mr. Madison thus earnestly expressed his senti
ments on the occasion, in a letter of the 21st of
January, 1792, to Judge Pendleton, when trans
mitting to him by mail a part of the secretary's
report, in anticipation of a private conveyance for
the- whole, which was of too much bulk for the
mail-bag of that day. " Not having yet succeeded,"

234 LIFE AND TIMES OF MADISON.
he says, " in finding such a conveyance, I send you
a part of the report in a newspaper, which broaches
a noAV constitutional doctrine of vast consequence,
and demanding the serious attention of the public.
I consider it myself as subverting the fundamental
and characteristic principle of the government;
as contrary to the true and fair, as Avell as the re
ceived, construction ; and as biddmg defiance to the
sense in Avhich the Constitution is knoAvn to have
been proposed, advocated, and adopted." He had
already expressed himself, with like energy of con
viction, in a letter of the 1st of January, 1792, to
Governor Lee, of Virginia. " What think you,"
said he, " of the commentary on the terms ' general
welfare ' ] The Federal government has been hith
erto limited to the specified powers by the greatest
champions for latitude in expounding those powers.
If not only the means, but the objects, are unlim
ited, the parchment had better be thrown at once
into the fire."
Mr. Madison did not confine the expression of
his opinions, on a question of such vital magnitude,
to his private correspondence. He availed himself
of the discussion, which occurred in the House of
Representatives a few days afterwards, on the bUl
for the encouragement of the cod-fisheries, to enter
his solemn and public protest against a doctrine
resting on premises so faUacious, and fraught with
consequences so dangerous and subversive.
" This, sir, [the proposition of a bounty,] raises,"
he said, " the important and fundamental question,

LATITUDE OF DOCTRINE OPPOSED. 235
whether the general terms which have been cited
are to be considered a sort of caption and general
description of the specified powers, and giA'ing no
fm-ther power than what is contained in the specifi
cation, or as an abstract and indefinite delegation
of power, extending to all cases whatever, — to
all such, at least, as will admit an application of
money, Avhich is giAdng as much latitude as any
government could well desire. I believe that those
who proposed the Constitution conceived, — and it
is well known, and more material to observe, that
those Avho ratified the Constitution conceived, —
that this is not an indefinite government, deriving
its powers from the general terms prefixed to the
specified powers; but a limited government, tied
down to the specified powers, Avhich explain and
define the general terms.
" The gentlemen Avho contend for a contrary
doctrine are surely not aware of the consequences
which flow from it, and Avhich they must admit, or
give up their doctrine. It Avill follow, in the first
place, that, if the terms be taken in the broad sense
they maintain, the particular powers, afterwards so
carefully and distinctly enumerated, would be Avith
out any meaning, and must go for nothing. It
would be absurd to say, ffi-st, that Congress may do
Avhat they please, and then that they may do this
or that particular thing. After giving Congress
power to raise money, and apply it to all purposes
they may pronounce necessary to the general wel
fare, it would be absurd, to say the least, to super-

236 LIFE AND TIMES OF MADISON.
add a specific power to raise armies, provide fleets,
&c., &c."
" It is to be recollected, that the terms ' common
defence and general welfare,' as here used, are not
novel terms, ffi-st introduced into this Constitution.
They are terms familiar in their construction, and
well known to the people of America. They are
repeatedly found in the old Articles of Confedera
tion ; where, although they are susceptible of as
great a latitude as can be given them by the con
text here, it was never supposed or pretended that
they conveyed any such power as is now assigned
to them.' On the contrary, it was always consid
ered as clear and certain, that the old Congress
was limited to the enumerated powers, and that
the enumeration limited and explained the general
terms. I ask the gentlemen themselves whether it
was ever supposed or suspected that the old Con
gress could give away the money of the States in
bounties, to encourage agriciUture, or for any other
purpose they pleased.
" There are consequences, sir, still more exten
sive, Avhich, as they follow clearly from the doc
trine combated, must either be admitted, or the
doctrine must be given up. If Congress can apply
money indefinitely to the general welfare, and are
1 The context particularly re- curred for the common defence and
ferred to here, in which these terms general welfare, and allowed by the
are found in the Articles of Confed- United States in Congress assem-
eration, is the following : — bled, shall be defrayed out of a
"AU expenses of war, and all common treasury." — Article vm.
other expenses that shall be in- first clause.

LATITUDE OF DOCTRINE OPPOSED. 237
the sole and supreme judges of the general welfare,
they may take the care of religion into their own
hands ; they may establish religious teachers in
every State, county, and parish, and pay them out
of the public treasury; they may take into their
own hands the education of youth, establishing, in
like manner, schools throughout the Union ; they
may undertake the regulation of roads and high
Avays generally, as well as of post-roads. In short,
every thing, from the highest object of State legis
lation doAvn to the most -minute object of police,
would be thrown under the poAver of Congress ; for
every object I have mentioned would admit the
application of money, and might be called, if Con
gress pleased, provisions for the general welfare.
" In fine, sir, Avithout going further into the sub
ject, which I should not have touched upon but for
the reasons already mentioned, I venture to declare
it as my opinion, that, Avere the power of Congress
established in the latitude contended for, it Avould
subvert the foundation and transmute the very na
ture of the limited government established by the
people of America. And what inferences might
be drawn, or what consequences ensue, from such
a step, it is incumbent upon us all well to con
sider.'" The appeal of Mr. Madison to the good sense
and intelligence of the House, produced the de-
sked effect. The term bounty, Avhich had been
gratuitously introduced into the bUl that came
> See Annals of Congress (Second Congress, 1791-1793), pp. 385-389.

238 LIFE AND TIMES OF MADISON.
down from the Senate, with the design, doubt
less, of operating as a recognition of the power
contended for to protect favored branches of indus
try by absolute bounties, at the disci-etion of the
government, was stricken out ; and a phraseology
accurately descriptive of the nature of the alloAv-
ance made — as " a drawback on the salt used in
curing fish " — Avas substituted. As thus amended,
Mr. Madison, Avith tAvo of his colleagues of the
Virginia delegation, voted for the bill, which passed,
by a large majority, in its amended form. Mr. Jef
ferson, in a very able report made by him as secre
tary of State the year before, had demonstrated the
meritorious title of this hardy and hazardous branch
of American enterprise to a legitimate public en
couragement.' 1 See his report of 2d of Febru- ( Commerce and Navigation), pp.
ary, 1791, on the Fisheries, iu the 8-22.
American State Papers, vol. vii.

CHAPTER XLV.
Secretary of the Treasury proposes an Extension of the Funding System,
and a Further Assumption of the Debts of the States — The Latter
Proposition earnestly opposed by Mr. Madison, and finally de
feated — Debate on the Operation and Practical Results of the
Funding and Banking Systeras of the Secretary — Their Deraoral
izing Effects freely exposed — Adraissions of Mr. Ames in his Private
Correspondence — Letter of Mr. Madison, describing the Scenes of
Gambling Speculation they had engendered — Congress adjourns —
Secretary of Treasury irritated by the Checks which some of his
Favorite Scheraes had met with — His Denunciations of Mr. Madison
in a Long and Querulous Letter to Colonel Carrington — Illiberality
and Injustice of his Accusations — Character of Mr. Madison's Mind,
and its Superiority to Narrow Party Passions, exhibited in Philo
sophical Speculations on the General Principles of Political Science,
contributed by him, during Session of Congress, to "National Gazette "
— The President retains the Warmest Affection and Esteem for
him — Consults him confidentially with regard to Retirement from
Oflfice at end of his First Term — Interesting Memorandura of these
Conferences by Mr. Madison — President requests him to prepare a
Valedictory Address for him — Delicacy which marked Mr. Madison's
Compliance with this Request — Washington ultimately yields to the
Earnest SoUcitations of Mr. Madison and other Friends, and the Gen
eral Wish, to continue in Ofiice another Term — Painful Dissensions
in the Cabinet — Open Breach between Mr. Jefferson and Colonel
Hamilton — President endeavors to Reconcile thera — Their Respective
Answers to his Appeal — Uneasiness of the President's Situation in
creased by Syraptoms of Popular Opposition to the Excise — Secre
tary of the Treasury, to whose Department the Question belonged,
urges the President to issue his Proclamation, denouncing the Penal-

240 LIFE AND TTNIES OF iL.\DISON.
ties of the Law against Combinations to obstruct the Collection of
fhe T.ix — Proclamation drawn by Colonel HamUton, and, after an
Amendment, recoraraended by Mr. Jefferson, is issued iu the Name
and under the Signature of the President.
The last subject of general interest acted upon,
during the present session of Congress, was the
recommendation of the secretary of the ti-easiu-y to
• make certain supplemental proAisions in relation
to the public debt. At an early period of the ses
sion, he had been caUed on by a resolution of the
House, moved by one of his fiiends, to lay before
Congress a statement of the amount subscribed to
the stock of the public debt. "' as well in the debts
of the respective States as in the domestic debt of
the United States, together with such measures as
are, in his opinion, expedient to be taken on the
subject." On the 6th of February. 1792. he made
his report ; of which the leading recommendations
were to aUow further time for a subscription of the
domestic debt of the LTnited States, on the same
terrn-s as those offered by the original Funding
Act. and to authorize a fm-ther assumption of the
debts of the indiridual States to thek fuU amoimt.
The fkst assumption had been Umited to twenty-
one and a half miUions of dollars, which was now
estimated to be four mUUons short of thek whole
amount. Both of these recommendations, with cer
tain subsidiary provisions, were earnestly pressed
by the secretary on the attention of Congress.
The consideration of the report natiirally brought
under reriew the general character and operation

PROTEST AGAINST STATE ASSUMPTION. 241
of the funding system, as originally proposed and
adopted. Its principles and effects were very
boldly and ably canvassed by Mr. Findley of Penn
sylvania, Mr. Mercer of Maryland,' Mr. Giles of
Virginia, and Mr. Baldwin of Georgia. Its de
fence devolved makily on Mr. Ames and Sh. Gerry
of Massachusetts. Mr. Madison took no part in
the general discussion, having fully expressed his
views when the system was originally presented,
but confined InmseU" now to an earnest protest
against any further assumption of the debts of the
States. " A great deal had been said," he observed, " to
prove that the general government is under obliga
tion to provide for the debts of the individual States.
The gentlemen who maintain this opinion have not
shoAvn that the creditors themselves ever enter
tained an idea that they should look to the United
States for the payment of those debts. It is not
pretended that the new Constitution varies the
situation of the creditors. They stand precisely
on the same ground they did under the old Con
federation. . . . He denied that the ffi-st assump
tion had been generaUy approved or acquiesced in,
and adverted to the proceedings and resolutions of
the State of Vkginia on the subject. Papers are
1 Mr. Mercer, in animadverting course of his remarks maintained
on the irredeemability of the pubUc the thesis, — which we have seen
debt under the provisions of the (ante, pp. 119, 120) was broached by
Funding Act, derued the power of Mr. Jefferson two or three years
Congress thus to tie up the hands before, — that by natural right one
of their successors ; and in the generation cannot bind another.
TOL. 111. 16

242 LIFE AND TIMES OF MADISON.
on the table to show the truth of what is now
asserted. He was sorry to find that no more atten
tion had been paid to them. He then noticed the
retiirns of imports and exports from the several
States, to show the unequal operation of the as
sumption as it affects those States, — particularly
Vkginia, who pays so great an over-proportion of
interest on the debts of some of the States." '
The proposition to assume the residue of the
debts of the States was, on taking the question, re
jected by a vote of twenty-nine against, to twenty-
six for it. The other suggestions of the secretary
were, vrith some modifications, adopted, and em
bodied in an act " supplementary to the act making
proA-ision for the debt of the United States." There
Avas one proAdsion, however, introduced into the
act, Avhich, it appears from a letter of the secretary
to a friend, Avas regarded by him with particular
displeasure ; as implying that the public money had
been, or might be, unfaithfuUy applied to support
the public debt at artificial prices in favor of spec
ulators.^ The provision complained of was to this effect:
" that aU future purchases of the public debt, on
account of the United States, shaU be made at the
lowest price at which the same can be obtained by
open purchase ; or by receiving sealed proposals, to
be opened in the presence of the commissioners
1 Annals of Congress (Second of 26th May, 1792, in Hist. Am.
Congress, 1791-1793), p. 531. Eep., vol. iv. pp. 520-540.
2 Letter to Colonel Carrington

OPEEATION OF THE FUNDING SYSTEM. 243
and the persons making such proposals." The
assertion had been made in the neAvspapers of
the day, and Avas repeated by a distinguished mem
ber,' on the floor of the House, that " agents for
the treasury department have gone into the market,
and given higher prices for stock than individuals
purchased at." To establish by authority of laAv a
general rule for all transactions of the kind Avas,
doubtless, deemed by Congress the proper security
against the possibility of such abuses, uoav or here
after. With this act closed, on the Sth of May, 1792,
the first session of the second Congress. The ad
journment Avas to the first Monday of November
foUoAA'ing. The debates of the session had been
marked by a tone of great independence and free
dom in opposition to the policy of the secretary of
the treasury. His funding and banking systems,
by the mania of speculation and stock-jobbing they
engendered, had already borne such evil fruits in
the extensive demoralization of society, and the
general derangement of the ordinary pursuits of
industry, as greatly to intensify the feelings of aver
sion with Avhich they were originally regarded. A
member of Congress, referring in debate to the
practical effects of the funding system, thus char
acterized its operation : "It has introduced the
most extravagant combinations ; promoted fictitious
credits ; and, by giving a facUity to stock-jobbing
^ Colonel Mercer of Maryland. — See Annals of Congress (Second
Congress), p. 353.

244 LIFE AND TIMES OF MADISON.
in all its various forms, has become an enormous
and ruinous snare. It has occasioned many of the
most enterprising characters to desert the useful
paths of industry. Dissipation, gambling, extrava
gant projects, and extravagant modes of life, are
promoted to such a degree as to be ruinous to our
morals and degrading to our national character."'
The private correspondence of the times bears
ample testimony to the truth of this picture.
Even Mr. Ames, one of the most devoted partisans
of the secretary and a zealous supporter of his pol
icy, writes to a friend as early as the 23d January,
1792, "The mad bank-schemes of New York pro
duce ill effects. Sober people are justly scared and
disgusted to see the wild castle-builders at work.
It gives a handle to attack the government." ^
Mr. Madison, in a letter to Judge Pendleton of
the 25th of March, 1792, thus writes : " The gam
bling system, which has been pushed to such an
excess, is beginning to exhibit its explosions. D — r
of New York, the prince of the tribe bf specula
tors, has just been a victim to his enterprises, and in
volves an unknown number, to an unknown amount,
in his fate. It is said by some, that his operations
have extended to several mUlions of dollars ; that
they have been carried on by usurious loans from
three to six per cent per month ; and that every
description and gradation of persons, from the church
1 Speech of Mr. Findley of 2 gge Fisher Ames's Life and
Pennsylvania, Annals of Congress Correspondence, vol. i. p. 111.
(Second Congress), p. 523.

IRRITATION OF SECRETARY OF TREASURY. 245
to the stews, are among the dupes of his dexterity
and the partners of his distress." And again, in a
letter of the 9th of AprU, he adds, " New York
continues to be a scene of bankruptcies, resulting
from D — r's fate and the fall of the stocks. Every
day exhibits new victims, and opens ncAV scenes
of usm-y, knavery, and folly. If the stock should
not be artificially revived, it is suspected that the
ensuing week will be a very trying one to this
city." To propose, in the midst of such scenes, an ex
tension of the system which had produced them,
argued great boldness, if not temerity, on the part
of the secretary, and awakened a corresponding
energy of opposition on the part of those who dis
approved his policy. We have seen his recom
mendation of an additional assumption of the State
debts firmly rejected ; his new gloss of the Consti
tution, Avith regard to an unlimited power of raising
and applying the public money, repudiated by a
solemn vote of the House, in the case of bounties ;
his favorite scheme, of making the Tax Bill perma
nent, carried only by the vote of the speaker,
producing an equal division of the House on a
proposition of amendment ; and a motion to refer
a certain class of legislative inquiries to himself,
in which he exerted an active personal influence,
barely sustained by a meagre majority. These un
wonted checks and admonitions, superadded to the
overruling of his opinion on the Representation BUl
by the President, appear to have left his mind, at

246 LIFE AND TIMES OF MADISON.
the close of the session, in a sore and ulcerated
condition. He unburthened his complaints to a friend in a
letter of a very extraordinary character, which has
recently been given to the public,' and in Avhich he
makes Mr. Madison the special object of his de
nunciations. The letter Avas addressed to Colonel
Carrington of Virginia, on the 26th May, 1792, and
has been heretofore incidentally alluded to. A more
particular notice of it seems to be called for here, as
belonging to the history of the times, and essential to
a just appreciation of the characters of the parties,
the accused and the accuser. He sets out with an
emphatic declaration of his conviction, that " Mr.
Madison, co-operating with Mr. Jefferson, is at the
head of a faction hostUe to me and my administra
tion, and actuated by views, in my judgment, sub
versive of the principles of good government, and
dangerous to the union, peace, and happiness of
the country."
The several counts of this indictment are founded
upon the opposition of Mr. Madison to the funding
system, and the assumption of the State debts ; his
alleged patronage of the doctrine, that one genera
tion cannot bind another, and that Congress was,
therefore, at liberty to disregard the public faith
pledged in the Funding Act ; his participation in
inducing Freneau to establish a political journal at
Philadelphia; his opposition to the call upon the
secretary, at the late session of Congress, for his
1 By his son and biographer, in Hist. Am. Eep., vol. iv. pp. 520-540.

mjUSTICB OF HIS ACCUSATIONS. 247
opinion of the best mode of raising supplies for the
Indian war ; the support given by him to the pro
vision in the supplementary act, requiring purchases
of the public debt, on account of the United States,
to be made at the lowest market price; and, finally,
a very vague and shadowy charge, about tampering
with one of the President's messages relative to
weights and measures, which seems to have been
thrown in as a sort of makeweight.
With regard to these alleged misdemeanors of
Mr. Madison, those of them which were founded
in fact have been shown to be justified, as to thek
motives at least, by the high grounds of public
principle, on which, in each instance, Mr. Madison
placed his conduct and decision. There they may
be securely left to speak for themselves to succes
sive generations. The only one of the specifications
in the indictment, which could be considered as
attaching serious reproach to his character as a
statesman, — the imputed patronage of a dangerous
and disorganizing dogma, affecting the sanctity of
public obligations, — was AvhoUy destitute of foun
dation, and contradicted dkectly by an authentic
record of Mr. Madison's well-considered opinions,
sustained by the ablest and most conclusive reason
ings.' What specially demands notice, in this diatribe
of Colonel Hamilton against Mr. Madison, is his
free ascription of unworthy personal motives to the
conduct of a distinguished political opponent, whose
1 See ante, chap. xl. pp. 119-122.

248 LIFE AND TIMES OF MADISON.
great offence consisted in his not being able con
scientiously to support the measures and policy of
the treasury department. A " spirit of rivalry,"
" personal and political animosity," " unfriendly in
trigues," " a variety of circumstances Avhich left Mr.
Madison a very discontented and chagrined man,"
" feelings of personal mortification," a malignant
design " to subvert the head of the treasury, at the
risk of rendering the government itself odious," —
these were the imputations heaped, in boundless
and vindictive profusion, on the head of an enlight
ened statesman, Avhose sober judgment and honest
coiiAictions of the public interests would not per
mit him to approve the latitudinous doctrines and
the centralizing schemes of the secretary. Re
solved to Avage an unsparing Avar on those who
did not support his measures, he says Avith regard
to Mr. Madison, " I had some short time before —
subsequently to his conduct respecting the reference
— declared openly my opinion of the vieAvs by which
he Avas actuated, and my determination to consider
and treat him as a poUtical enemy."
So extraordinary an exhibition of passionate in
tolerance, in Avhich the writer does not even spare
some of his political friends, — Avhom he accuses,
on a particular occasion, of having " enlisted, from
various motives of vanity, self-importance, &c., under
the banner of Mr. Madison," — does not give the
most favorable idea of his justice, candor, or mag
nanimity. He seems, indeed, to have been uncon
sciously drawing his own portrait, Avhen, in the

CHAEACTER OF MADISON'S MIND. 249
same letter, speaking of Mr. Jefferson, he says, "I
read him thus : ' a man of profound ambition and
violent passions.' " But of Mr. Madison, distin
guished above all his contemporaries, Avho acted
a conspicuous part on the public stage in those
stormy times, by the moderation of his temper and
the philosophical serenity of his understanding,
what could have afforded a color, even, for the
intemperate and uncharitable invectives Ave have
cited'? EndoAved, though he was, Avith strong moral
sensibilities, and entertaining deep and earnest polit
ical convictions founded on reflection, he was never
theless, by the amiableness of his nature, extremely
averse to the bitterness and violence of party strife.
He was, indeed, not a party man, in the ordinary
and received sense of the term.
We have seen, that, on the original question of
the excise duty on distilled spirits, though strongly
opposed to it on general principles, he yet voted
for it, under a paramount sense of the obligation
of providing for the national engagements, and in
doing so separated himself from the political party
with Avhich he usually acted. During the late ses
sion of Congress, he again separated himself from
his party on the question of giving encouragement
to the cod-fisheries as a branch of industry con
nected Avith the national defence, Avhen the bill was
freed from the constitutional objections he made to
it. He had taken no leading or ambitious share in
the party debates of the session. So little taste
had he for this species of controversy, that he was

250

LIFE AND TIMES OF MADISON.

silent, except when, summoned by an imperious
sense of public duty, he bore his testimony against
some measure which he believed to be inconsistent
with the Constitution, or dangerous to the interests
of the country ; and then he spoke without passion
or exaggeration, but with the solemn earnestness of
conviction, and the inherent weight and dignity be
longing to his character.
It is a remarkable proof of his freedom from
party excitement, as Avell as of the habitual elevation
of his mind, that he devoted no small portion of
his time, during the agitated scenes of this session,
to abstract speculations on the general principles of
political science, Avhich he embodied in brief arti
cles for the " National Gazette," imbued Avith the
philosophical spirit of Montesquieu and Aristotle,
and resembUng, in condensation of thought and lan
guage, the pregnant chapters of those great political
writers. They were his only contributions at the
time to the press, and wholly free from any taint of
party spirit. They are in a small compass, monu
ments of a trained and comprehensive statesman
ship, worthy to descend to posterity ; and as such,
in order to afford the means of reference to them,
we subjoin a list of the articles, Avith their respec
tive subjects, and the dates of their appearance ki
the journal in which they were published.*

' 1. Population & Emigration 21 Nov. 1791
2. Consolidiition . , 5 Dec. „
3. Public Opinion .... 19 „ „
4. Money  19 ,, ,,
5. Money again  22 „ „
6. Government .... 2 Jan. 1792

7. Cliarters  19 Jan 1792
8. Parties  23 „
9. Brifcisii Government . .30 „
10. Universal Peace .... 2 Feb.
11. Government of United States 6 „
12. Spirit of Government . . 20 „

WASHINGTON SEEKS MADISON'S COUNSEL. 251

The unbounded confidence and cordial affection
of the President, of which Mr. Madison received a
renewed and most signal proof at this time, form
a most striking contrast to the bitter and illiberal
denunciations of the secretary of the treasury. It
is Avell knoAvn with what extreme reluctance the
President had quitted his retirement, and entered
upon the cares of the exalted station he uoav filled.
His desire to return to private life, strong under all
ckcumstances, was now greatly increased by the po
Utical dirisions that had sprung from the measures
of the government, and by the dissensions which
had appeared, and were daily becoming more mani
fest, among the members of his cabinet. He had
therefore made up his mind to decline a re-election ;
and, as the new election was to take place in the
autumn, he was anxiously considering the proper
time and manner of making known his intention.
On these delicate points he uoav sought the counsel
of Mr. Madison, as the friend on Avhose judgment
and fidelity he especially relied.
Of the deeply interesting conference Avhich took
place on the occasion, Mr. Madison made a full
record at the time. As the paper is too long for
entire insertion here, we must content ourselves
Arith such extracts from it as will convey a general
idea of the matter and spkit of the conversation.

13. Republican Distribution of
Citizens  5 Mar. 1792
14 Fashion  22 „ ,,
16. Property  29 „ „
16. The Union, wlio are its real
Friends  2 April „

17. A candid State of Partiea 25 Sept. 1792
18. Same Subject continued 26 ,, „
19. On perpetual Peace [about sarne date).
20. ^Vlio are the best keepers
of the People's Liber
ties ... 22 Dec. 1792

252 LIFE AND TIMES OF MADISON.
The memorandum bears date the Sth day of May,
1792, and commences by saying, —
" In consequence of a note this morning from the
President, requesting me to call on him, I did so ;
when he opened the conversation by observing,
that, having some time ago communicated to me
his intention of retiring from public life on the
expiration of his four years, he Avished to advise
with me on the mode and time most proper for
making knoAvn that intention. He had, he said,
spoken with no one yet on those particidar points ;
and took this opportunity of mentioning them to
me, that I might consider the matter, and give
him my opinion before the adjournment of Con
gress, or my departure from Philadelphia. He
had forborne to communicate his intention to any
other persons whatever, but Mr. Jefferson, Colonel
Hamilton, General Knox, and of late to Mr. Ran
dolph." After detailing some other observations on the
part of the President, the memorandum pro
ceeds, —
" I replied that I would revolve the subject as
he desired, and communicate the result before my
leaving Philadelphia ; but that I could not but yet
hope there would be no necessity at this time for
his decision on the two points he had stated. I
told him, that, when he did me the honor to men
tion the resolution he had taken, I had forborne to
do more than briefly express my apprehensions that
it would give a surprise and shock to the public

MEMORANDUM OF THE INTERVIEW. 253
mind, being restrained from enlarging on the sub
ject by an unwUlingness to express sentiments suf
ficiently known to him, or to urge objections to
a determination which, if absolute, it might look
like affectation to oppose ; that the aspect which
things had been latterly assuming seemed, how
ever, to impose the task on all who had the op
portunity, of urging a continuance of his public
services; and that, under such an impression, I
held it a duty, not indeed to express my Avishes,
which would be superfluous, but to offer my opin
ion, that his retiring at the present juncture might
have effects that ought not to be hazarded."
Mr. Madison added many other remarks, show
ing his appreciation of the great sacrifice General
Washington had made of his inclinations as a man
to his obligations as a citizen in accepting the pres
idency ; but urged that reasons of a like kind to
those which had induced him to undertake, still
required him to retain for some time longer his
present station. The President then went into a*
more explicit disclosure of the state of his mind,
observing, —
" That he could not believe or conceive himself
anywise necessary to the successful administration
of the government ; that, on the contrary, he had
from the beginning found himself deficient in many
of the essential qualifications, owing to his inexpe
rience in the forms of public business ; . . . that
the fatigues and disagreeableness of his situation
were in fact scarcely tolerable to him ; that he only

254 LIFE AND TIMES OF MADISON.
Uttered his real sentiments when he declared, that
his inclination would lead him rather to go to his
farm, take his spade in his hand, and Avork for
his bread, than remaiu in it ; that it Avas evident,
moreover, that a spkit of party in the government
was becoming a fresh source of difficulty, and, he
was afraid, Avas dividing some (alluding to the sec
retary of State and the secretary of the treasury)
more particularly connected with him in the ad
ministration ; that there Avere discontents among
the people, Avhich Avere also shoAving themselves
more and more ; &c. , &c."
The observations of the President, with regard to
his inexperience in matters of civil administration,
were met by a reference to the general satisfaction
which his enlightened and impartial judgment had
given; and Mr. Madison, then adverting to what
the President had said respecting the difiiculties
produced by the new party dirisions that had
arisen, made the foUoAving answer, Avhich we re-
¦ cord in the Avords of the memorandum : —
"With respect to the spirit of party, that was
taking place under the operations of the govern
ment, I was sensible of its existence, but considered
that as an argument for his remaining, rather than
retiring, until the public opinion, the character of
the govemment, and the course of its administra
tion, should be better decided, which could not fail
to happen in a short tkne under his auspices ; that
the existing parties did not appear to be so formid
able to the government as some had represented;

MEMOEANDUM OF THE INTERVIEW. 255
that in one party there might be a feAV Avho, retain
ing their original disaffection to the government,
might still wish to destroy it, but that they Avould
lose their weight with their associates by betraying
any such hostile purposes ; that although it was
pretty certain that the other Avere, in general, un
friendly to republican government, and probably
aimed at a gradual approximation of ours to a
mixed monarchy, yet the public sentiment Avas so
strongly opposed to their views, and so rapidly
manifesting itself, that the party could not long be
expected to retain a dangerous infiuence ; that it
might reasonably be hoped, therefore, that the con
ciliating influence of a temperate and wise adminis
tration would, before another term of four years
should run out, give such a tone and firraness to
the government as would secure it against danger
from either of these descriptions of enemies."
The objections to the President's retirement were
further enforced by the extreme difficulty, if not
impossibility, of selecting at the present time, out
of the several names most conspicuous in the pub
lic vicAV, a successor that would be satisfactory to
the nation. The memorandum of this intei-Adew,
recalling so many august and imposing recollec
tions, thus concludes : —
" Without appearing to be any Arise satisfied by
what I had urged, he turned the conversation to
other subjects ; and, Avhen I was Avithdrawing, re
peated the request, that I would think of the
points he had mentioned to me, and let bim have

256 LIFE AND TIMES OF MADISON.
my ideas on them before the adjournment. I told
him I Avould do so, but still hoped his decision on
the main question would supersede for the present
all such incidental questions."
Three days afterwards, on the 9th of May, Mr.
Madison had another interview with the President,
of which he gives the following account in a mem
orandum of that date : —
"Understanding that the President was to set out
the ensuing morning for Mount Vernon, I called on
him, to let him know, that, as far as I had formed
an opinion on the subject he had mentioned to me,
it was in favor of a direct address of notification to
the public, in time for its proper effect on the elec
tion, Avhich, I thought, might be put into such a
form as would avoid every appearance of presump
tion or indelicacy, and seemed to be absolutely
required by his situation. ... I added that if, on
further reflection, I should vicAV the subject in any
new light, I would make it the occasion of a letter;
though I retained my hopes that it would not yet
be necessary for him to come to any decision on it.
He begged that I would do so, and also suggest
any matters that might occur as proper to be in
cluded in what he might say to Congress at the
opening of thek next session."
On the 25th of May, Mr. Madison, being then
on his way to Virginia, met the President on the
road, returning to PhUadelphia, Avhen the latter
handed him a letter from himself, dated at Mount
Vernon, the 20th instant. This letter having been

A VALEDICTORY ADDRESS REQUESTED. 257
already given to the public,' it is only necessary to
refer to it in very general terms. It begins with
saying, " As there is a possibUity, if not a proba
bility, that I shall not see you on your return home,
or if I should see you that it may be on the road,
and under circumstances which may prevent my
speaking to you on the subject we last conversed
upon, I take the liberty of committing to paper the
folloAving thoughts and requests. I have not been
unmindful of the sentiments expressed by you in
the conversation just alluded to : on the contrary, I
have again and again revolved them with thought
ful anxiety, but Avithout being able to dispose my
mind to a longer continuance in the office I have
now the honor to hold. I therefore stUl look for
ward, with the fondest and most ardent wishes, to
spend the remainder of my days, which I cannot
expect to be long, in ease and tranquillity."
He then reiterated his request, that Mr. Madison
would think of the proper time and mode of an
nouncing his intention to the public, and that he
would also prepare for him a suitable address mak
ing the annunciation. He added a further request,
that Mr. Madison, if the measure should appear to
him to be a proper one, would also prepare for him
a valedictory address to his countrymen, embodying
such counsels and reflections as should seem most
appropriate to the occasion ; of some of which he
gave an exceedingly lucid and impressive sketch,
and left the rest to the judgment of his friend.
1 Sparks's Washington, vol. xii. pp. 382-385.
VOL. III. 17

258 LIFE AND TIMES OF MADISON.
His letter concluded : " Though I do not wish to
hurry you in the execution of the publications
before mentioned, I should be very glad to hear
from you generally on both, and to receive them in
time, if you should not come to PhUadelphia before
the session commences, in the form they are finally
to take. . . .
" With very sincere and affectionate regards, I
am ever yoiu-s, George Washington."
As soon as he could command the necessary lei
sure, after his return to Virginia, Mr. Madison
tiirned his thoughts to the fulfilment of the very
delicate as Avell as fiattering trust, which the confi
dence and friendship of the President had devolved
upon him. The result of his reflections was con
tained in a letter to the President, of the 20th of
June, eAdncing the most scrupulous and faithful
attention to every ckcumstance affecting the vrishes
or the fame of his Ulustrious friend, and accompa
nied by the draught of such an address as appeared
best calculated to carry out the riews of the Presi
dent, and to accord with the solemn interest and
dignity of the occasion.' Of the merits of this
paper, which met the hearty approval of the Presi
dent, and of which he gave the highest evidence of
his appreciation, four years later, by incorporating
it, verbatim et literatim, in the sketch of the more
extended and copious address which intervening
1 See both the letter and the address in Sparks's Washington, vol. xii.
pp. 885-390.

WASHINGTON URGED TO CONTINUE. 259
occurrences had then suggested, it would be a di
gression from the com-se of our narrative uoav to
speak. We confine ourselves to giving here the
concluding paragraph of the letter of Mr. Madison
to the President, as an additional illustration of the
cordial and unbroken confidence which still bound
them together in the closest communion of public
and private sentiments : —
" Having thus complied with your Avishes, by pro
ceeding on the supposition that the idea of retiring
from public life is to be carried into execution, I
must now gratify my own, by hoping that a reconsid
eration of the measure, in all its circumstances and
consequences, avUI have produced an acquiescence
in one more sacrifice, severe as it may be, to the
desires and interests of your country. I forbear to
enter into the arguments which, in my view, plead for
it ; because it would be only repeating what I have
already taken the liberty of fully explaining. But
I could not conclude such a letter as the present,
Avithout a repetition of my own anxious wishes and
hopes, that our country may not, in this important
conjuncture, be deprived of the inestimable advan
tage of having you at the head of its councUs.
With every sentiment of respect and affectionate
attachment, I am, dear sir, your most obedient
friend and servant, James Madison."
The earnest entreaties of his friends, the mani
festation of the public wish, and the increasing
exigency of public affaks, finally prevailed with the

260 LIFE AND TIMES OF MADISON.
President to acquiesce, though most reluctantly,
in a re-election, and to postpone for another term
of four years the execution of his ardent desire to
seek again the shades of private life. It deserves
to be here recorded, that those Avho AA'ere most for
ward and earnest in their appeals to Washington,
to remain yet longer at the head of the government,
were members of the Republican party ; and chief
among- them Jefferson and Randolph, as well as
Madison.' And yet it has been the habit of his
torical writers of the Federal school to represent
the Republican opposition of this period to the
measures of- the secretary of the treasury as an op
position to the head of the administration. Even
the earliest and most distinguished of those writers,
with all his judicial calmness, countenances this
error, by speaking habitually of strictures on the
recommendations and measures of the secretary of
the treasury as hostile attacks on the administra
tion of Washington.^
But nothing can be more opposed than language
of this kind, not only to the testimony of facts, but
to the well-known principle adopted by Washing
ton, of leaving, in general, to each of the principal
officers of State, the responsible management of the
proper business of his own department. This prin-
1 See the letters of Mr. Jefferson see particularly what he says, with
and Mr. Edmund Randolph, here reference to the very period of time
referred to, in Sparks's Washington, here under review, in Life of Wash-
vol. X., Appendix, pp. 504^515. ington (second and revised edi-
2 As examples of this erroneous tion), vol. ii. pp. 216, 227, 229.
bias ou the part of Judge MarshaU,

DISSENSIONS IN THE CABINET. 261
ciple was especially applicable to the treasury de
partment ; because it was in constant and dkect
communication Avith the legislature, and was by
many regarded as an appendage to the legislative,
rather than to the executive, branch of the govern
ment. The funding system, the assumption of the
State debts, and all the cognate measures, were, in
truth, the offspring of recommendations made di
rectly to Cojigress by the secretary alone, in answer
to calls made directly upon him by Congress. The
line of demarcation, therefore, between the plans
and recommendations of the secretary of the treas
ury, and the individual opinions and responsibility
of the President, Avas broad and deep in the public
mind, as well as in the minds of all those who, in
their respective stations, opposed the one, Avhile
zealously adhering to the other.
The fundamental differences of opinion between
the secretary of State and the secretary of the
treasury, Avith regard to the policy of the govern
ment, could not but be a source of much embar
rassment, as well as a subject of painful regret, to
the President. The annoyance was greatly in
creased by the publicity which those differences
had at length acquked, and by their having been
recently transferred to the contentious forum of
the press. The secretary of the treasury so far
threw aside the reserve of his official position, as
to publish in one of the newspapers of the city of
PhUadelphia,' thougii under an anonymous guise, a
1 Fenno's United-States Gazette.

262 LIFE AND TIMES OF MADISON.
series of articles assailing, vrith great freedom and
bitterness, the character and conduct of the secre
tary of State. His alleged justification for this un
seemly Avar, Avaged upon a coUeague, was derived
from the fact, that frequent animadversions upon
the measures and conduct of his department had
appeared in another journal,' which he charged to
be under the official patronage and infiuence of the
secretary of State.
The imputations made upon both Mr. Madison
and Mr. Jefferson, with regard to the establishment
of that joumal, have been already referred to and
fully explained. Mr. Jefferson now emphatically
declared, in a letter to the President, " that I never
did, by myself or any other, directly or indirectly,
say a syllable, or attempt any kind of infiuence, in
the conduct and management of that press. I can
further protest, that I never did, by myself or any
other, directly or indirectly, write, dictate, or pro
cure any one sentence or sentiment to be inserted
in that or any other gazette, to which my name was
not affixed or that of my office."^
The President made an earnest appeal to both
parties to compose their differences, if possible, by
cultivating a spkit of " liberal allowance and mu
tual forbearance." In answer to this appeal, Mr.
Jefferson said he was " more desirous of predispos
ing every thing for the repose to which it was his
intention to vrithdraw, than expose it to be dis-
1 Freneau's National Gazette.
2 See Sparks's Washington, vol. x. p. 523.

DISSENSIONS IN THE CABINET. 263
turbed by newspaper contests. If these, however,"
he added, " cannot be avoided altogether, yet a re
gard for your quiet will be a sufficient motive for
deferring it till I become merely a private citizen,
when the propriety or impropriety of what I may
say or do avUI fall on myself alone."
Colonel Hamilton professed his wUlingness to
concur in any plan which the President might form
for " re-uniting the members of his administration
upon some steady principle of co-operation," and
pledged himself " not to say or do any thuig, directly
or indirectly, which shall endanger a feud." And
yet, Avithin six days after this assurance, he com
menced the publication of a noAv series of vitupera
tive articles, Avith a change only of his pseudonym,
which, for vkulence and asperity, have rarely had
their parallel in the history of personal or political
warfare.' They were continued for a period of
fom- months, to the close of the year. Mr. Jeffer
son forbore all participation in the unseemly strife ;
but it was not possible to impose the same restraint
upon his political friends and admirers, Avho were
unwilling to stand by in silence, and see him thus
assailed, without going forth to his vindication.
These unhappy dissensions in the cabinet of
Washington painfully recall the scenes which the
'political differences or personal animosities of Hali-
1 Colonel Hamilton's letter to 515-517 ) ; and the publication of
the President, from which the ex- the Nos. of" Catullus," in "Fenno's
tract is given above, bore date Gazette," was commenced on the
the 9th of September, 1792 (see 15th of that month. — See Hamil-
Sparks's Washington, vol. x. pp. ton's Works, vol. vii. p. 34.

264 LIFE AND TIMES OF MADISON.
fax and Danby, of Xottingham and Shrewsbury, of
Delamere and Godolphin, produced in the first cab
inet of WUUam the Thkd ; the bitter experience of
which, we are told,' drove that great ruler, at one
time, to the resolution of no longer enduring the
" splendid slavery" of the new sovereignty imposed
upon him, but of retiring to his native land, where
the name of Orange was yet dear to his country
men. The solemn appeal made by him to his
counsellors "to be dUigent and to be united; " and
his final and sublime resolve, announced to his
bosom friend in these words, " My trust is in God :
I AA'ill go through my Avork, or perish in it," — aU
rise to the memory, in touching association Arith
the trials and the magnanimity of AVashington.
One other ckcumstance occurred, during the
recess of Congress, to add to the uneasiness and
solicitude of the President. The extreme unpopu
larity of the excise on distUled spkits in some pai-ts
of the Union, — in Pennsylvania pai-ticiUarly, —
had given rise to public meetings and other demon-
sti-ations of a concerted pm-pose, to thAvart the col
lection of the tax. The secretary of the treasm-y,
Arithin Avhose proAdnce the matter specially fell,
deemed the occasion one which demanded an im
posing manifestation of the power and energy of
the government, and recommended that a procla-'
mation should be immediately issued by the Pres
ident, declaring his determination to enforce the
1 Macaulay, Hist. Eng., vol. in. — See pp. 50-53, 320-325, 418-421,
469-475.

PROCLAMATION TO ENFORCE THE EXCISE. 265
laws, and denouncing to aU persons concerned
the consequences of any attempt to obstruct thek
operation. The draught of such a proclamation he
forwarded to the President, then at Mount Vernon,
who soon returned it Avith his signature, after a
modification of some importance, recommended by
jNlr. Jefferson, Avhose formal attestation as secretary
of State Avas required to the act. The gravity of
the measure was fully felt by the President, and led
him to remark, in returning the proclamation to the
secretary of the treasury, that, in the ulterior pro
ceedings Avhich may become necessary, " the Con
stitution and laAVS must strictly govern ; and the
employing of the regular troops must be avoided,
if it be possible to effect order without thek aid."'
Of some of the consequences of this measure, both
direct aud incidental, Ave shall have occasion to
speak in the further progress of our narrative.
1 Sparks's Wiishington, vol. x. depends, of course, upon a resoZwfj'on
p. 297. The remark of the Presi- to act in conformity to it, and put in
dent, here cited, was doubtless oc- force all the powers and means with
casioned by the temper disclosed which the executive is possessed,
in the letters of the secretary of as occasion shall require. My oum
the treasury, which smacked very mind is made up fully to this issue ;
much of the Straffordian thorough. and on this my suggestion of the
" The propriety," said the secre- measure is founded." — Idem, p.
tary, " of issuing the proclamation 530.

CHAPTER XLVI.
Second Session of Second Congress — President's Speecli, and Addresses
of the Two Houses — Mr. Madison's Objections to the Address of the
House of Eepresentatives - — Proposition to allow the Secretary of
the Treasury and Secretary of War to he heard in Pei-son before
Congress, in Explanation and Defence of their Measures — Opposed
by Sir. Madison, as contrary to the Genius of the Constitution, and
rejected — Renewed Discussion on the Propriety of Legislative Ref
erences to the Secretary of the Treasury — ¦ Mr. Madison again
delivers his A'iews on the Subject — Report of Secretary of Treasury
on Redemption of Public Debt — Illusory, and for Political Effect —
His Plan for anticipated Re-imbursement of Loan to Bank of United
States — Zealously opposed by Mr. Madison — Finally rejected hy
General Vole of the House — Discussion on the Bill leads to Startling
Disclosure — Large Sums, borrowed abroad for Payment of Foreign
Debt, drawn into the United States and applied to wholly Different
Purposes — Resolutions of Inquiry adopted — Answers of Secretary
of Treasury — Mr. Giles moves Resolutions censuring his Proceed
ings — Animated Debate upon the Resolutions — Remarks of Mr.
Findley — Speech of Jlr. Madison — Friends of the Secretary insin
uate Existence of Undivulged Instructions from the President —
Eesolutions of Censure finally negatived hy Large Majority — Mr.
Jefferson's Explanation of the Eesult — Additional Explanation from
Subsequent Developments — Facts with regard to Alleged Instructions
of the President — Communication from Edmund Eandolph to Mr.
Madison — Declaration of President on Statement made by Secre
tary of Treasury — The Secretary not satisfied with President's
Declaration — President declines to modify his Declaration — Con
clusion from a Review of all the Circumstances — Session of Congress
closes — Election of President and Vice-President — Votes counted

SECOND SESSION OF SECOND CONGRESS. 267
in Joint Meeting of the Two Houses — Growing Opposition to Vice-
President — Supported by the Federalists, opposed by the Republi
cans — Letters of Colonel Hamilton, Mr. Jefferson, and Mr. Madison,
in relation to the Election.
Congress, according to their adjom-nment, again
assembled on the fkst Monday in November. On
the foUoAving day, the President's speech, the ori
gmal draught of Avhich was prepared by Colonel
HamUton,' Avas delivered in person before the two
Houses in joint meeting. A large portion of it
was devoted to the Indian war on the Western
frontiers, which was, unhappUy, not yet terminated;
and a prominent place Avas given to the opposition
which had arisen, in some parts of the United
States, to the law imposing an excise on distilled
spkits. The speech adverted to the proclamation
which had been issued by the President ; declared
that no constitutional or legal means Avould be
omitted, on the part of the executive, to assert and
maintain the just authority of the laAvs ; and ex
pressed the hope that the other departments of the
government Avould yield thek full co-operation in
aid of the same object.
Mr. Madison, as in every instance but one since
the organization of the government, was made
chakman' of the committee to prepare the address
in answer to the speech ; and Mr. Benson of New
York, and Mr. Mui-ray of Maryland, both warm
personal and political friends of Colonel HamUton,
were associated Avith him on the committee. The
1 See his Works, vol. iv. pp. 323-328.

268 LIFE AND TIMES OF MADISON.
address reported Avas an echo throughout to the
speech, and in one particular — the animadversion
on the opposition to the excise law — transcended
the speech in its tone of denunciation and censure.
In this respect, it derived its inspiration evidently
from a passage in the original di-aught of the speech
by the secretary of the treasury, Avhich the Presi
dent, in the exercise of his calmer judgment, had
thought proper to omit. The passage here aUuded
to stigmatized the opposition as originating in a
quarter (Western Pennsylvania) " where the enjoy
ment of immediate benefits from the common con
tributions of the country Avas to have been expected
to fortify the general sense of duty and respect
toAvards the government and its laws, and the dispo
sition to share the public burthens." The address,
echoing the spirit and copying in part the lan
guage of this passage, Avhich had been rejected
by the good sense and dignity of the President,
expressed " the hope, that, while the progress of
contentment under the law in question is as obvious
as it is rational, no particular part of the commu
nity may be permitted to Avithdraw from the general
burthens of the country, by a conduct as irrecon
cilable to national justice as it is inconsistent Avith
public decency."
HoAvever natural language of this sort might
appear in the mouth of the secretary of the treas
m-y, Avho had committed himself, and every depart
ment of the government, as far as it Avas in his.
power to do so, to the policy of an mflexible mamte-

ADDRESS OF LOWER HOUSE CRITICISED. 269
nance of an odious and unpopular law, at whatever
hazard to the public tranquUUty ; ' and however
disposed his two political friends on the committee
might be to indorse and support his vicAvs, — to the
unbiassed mind of Mr. Madison, the language thus
used seemed as inadmissible in principle as it Avas
unbecoming in temper. In a letter to Judge Pen
dleton, dated the 16th November, 1792, speaking
of the addresses of the two Houses, he says : —
" That of the House of Representatives, relating
to the excise, is thought by some of us to have
been carried too far. That laws in force should be
supported, is right, and ought to be asserted. But
to say, fkst, that a free government should listen
to representations with a disposition to give redress
when proper, and then to prejudge them by saying
that the progress of contentment is as obvious as it
is rational, does not appear very consistent. And
as little prudent was it, perhaps, to add what will
be regarded as an insinuation, that the opposition
to the excise proceeds from a selfish and unjust
I Colonel Hamilton's advice to the business be opened by the
the President to issue his proclama- President's speech at the ensuing
tion, denouncing the opposition to session of Congress. . . . No strong
the excise law, was considered by declarations should be made, unless
his cooler and wiser friends to be there be ability and disposition to
highly imprudent. In a letter to follow them with strong measures.
him ofthe Sth of September, 1792, Admitting both these requisites, it
Chief-justice .Tay says, " I have con- is questionable whether such oper-
ferred with Mr. King on the sub- ations, at this moraent, would not
jeotof yours of the 3d instant. We furnish the an<i's with materials for
concur in opinion, that neither a deceiving the uninformed part of
proclamation, nor a particular the community, and, in some meas-
charge by the court to the grand ure, render the operations of ad-
jury, would be advisable at present. ministration odious." — See Hamil-
To us it appears more prudent that ton's Works, vol. v. p. 524.

270 LIFE AND TIMES OF MADISON.
Avish to avoid a common share of burden, — an in
sinuation not commonly true, and more likely to
inflame than to heal the wound."
These sober riews of ]\Ir. Madison, however,
were overruled ; and the address, as it came from
the hands of the majority' of the committee, was
adopted by the House, which, having participated
in the enactment of the obnoxious law, was hardly
to be considered an impartial tribunal in the ques
tion now raised.
A few days afterwards, a proposition, attended
Arith less success, was moA-ed in the House, which
chaUenges attention in a constitutional point of
view, as weU as for its party bearings. At the last
session of Congress, a committee had been ap
pointed to inquire into the causes of the disastious
faUure of General St. Clak's expedition against the
Indians. The report of the committee, not made
tiU near the close of the session, was supposed to
implicate, in a certain degree of responsibUity and
censui-e, both the war and the treasury departments,
on accouut of the faulty execution of some arrange
ments, connected Arith the success of the campaign,
which depended on them. A day being now as
signed for the consideration of the report, a motion
was made by ^Ir. Dayton of New Jersey, that " the
secretary of the ti-easury and the secretary of war
be notified of the fact, to the end that they may
attend the House, and fm-nish such informations as
may be conducive to the due investigation of the
matters stated in the report."

ATTENDANCE OF CABINET BEFOEE CONGRESS. 271
The personal attendance of the head of an ex
ecutive department, for the purpose of being heard
on any matter depending before Congress, was an
entke novelty in the legislative usages of America.
A considerable party in the country, however,
habituaUy prone to an imitation of the usages of
the British government, Arithout sufficiently reflect
ing on the important differences in the structure
and administrative genius of the two systems, had.
from an early period, been deskous of introducing
here a practical adoption of the British principle
of admitting ministers to a personal participation
in the proceedings and deUberations of the legisla
ture.' At the first session of Congress succeeding
the organization of the treasury department, a mo
tion was made by a member from New Jersey,- and
apparently favored by another from New York,^
that the secretary should make his financial reports
' to the House in person, in order that he might
give oral explanations and Ulustiations of the
plans submitted by him. The proposition was
then promptiy and decisively rejected; and the
1 The genius of the English England, vol. rv. chap. xx. The
and that of the American Constitu- Constitution of the United States
tion are in pointed contrast with not only sedulously separates the
regard to this matter. A modem legislative and executive pK)wers.bv
English writer, of the greatest his- vesting them in separate and dis-
torical and poUtical sagacity and . tinct departments, but expressly
research, pronounces the executive declares that "no person holdmg
govemment of England, since the an executive office shall be a mem-
Eevolution of 16SS, to be in truth ber of either House of Congress,
the govemment of " a committee of during his continuance in oflice."
leading members of thf. two Houses of ¦ Mr. Bondinot
ParUament." — Macaulay, Hist of ' Mr. Benson.

272 LIFE AND TBIES OF MADISON.
House resolved that the reports of the secretary
should be in Avriting.'
The present occasion was deemed peculiarly
favorable to a renewal of the expeiiment, as the
secretaries of the ti-easury and war departments
were represented to be in the situation of accused
parties, and entitied, therefore, to the common
priAolege of appearing in thek oavu defence. The
proposition was warmly sustained, through two
days" debate, not only by the mover, but by !Mi-.
Ames, IMr. Gerry, Mr. Boudinot, Mr. Smith of
South Carolina, and Mr. Lawrance of New York.
It was as strongly opposed by ^Ir. Williamson of
North Carolina, Livermore of New Hampshire,
Clark of New Jersey, Tucker of South Carolina,
and Madison. Venable, GUes, White, and Page of
Vkginia. From an imperfect' contemporary report
of the debate, we learn that Mr. Aladison, in open
ing it, " objected to the motion on constitutional
grounds, and as contrary to the practice of the
House. He had not, he said, thoroughly revolved
the matter in his own mind, and -was not prepared
to state fully the effects AA'hich Avould residt from
the adoption of the resolution. But he would
hazard thus much, — that it Avould form an inno
vation in the mode of conducting the business of
the House, and inti-oducea precedent which would
lead to perplexing and embai-rassing consequences ;
as it involved a conclusion, in respect to the prin
ciples of the government, vshich at an earlier day
1 See Lloyd's Debates, vol. ni. pp. 12, 18.

TRUE FUNCTIONS OF TREASURY DEPARTMENT. 273
would have been revolted from. He was decidedly
in favor of written information."
The proposition for the personal attendance and
explanations of the secretaries was finally nega
tived ; and a motion then made by Mr. Madison, to
recommit the report to the committee that brought
it in, was carried by a vote of thirty to twenty-
two. Some days later, a kindred question, which had
been much discussed dm-ing the late session of
Congress, was revived, and again gave rise to a
warm and animated debate. The proposition then
made was to call upon the secretary of the treasury
for his " opinion of the best mode of raising sup
plies." The resolution now offered called upon
him " to report a plan for the reduction of the
public debt.'' The propriety of a reference to
the secretary for this purpose, again brought up
the consideration of the legitimate and independent
functions and duties of the legislature itself, and of
the true relations borne to it by the treasury de
partment. Much of the ground occupied in the
debate of the last session was again travelled over.'
Mr. Madison's part in it on this occasion being
preserved to us in a report published at the time,
though evidently a very imperfect one, we cite
from it a few extracts, as evincing the calm, dispas
sionate, and judicial spkit, as well as enlightened
comprehension, with which he was wont to treat
' For a summary of the debate of the last session, see ante, chap. xlii.
pp. 161-167. VOL. III. 18

274 LIFE AND TIMES OF MADISON.
questions of this sort, even in the midst of high
party excitements.
The resolution was debated for three days by the
leading members on each side of the House. Ac
cording to the contemporary record referred to, on
the fkst day of the debate, —
" Mr. Madison drew a distinction between the
deliberative functions of the House and the minis
terial functions of the executive poAvers. The de
liberative functions, he conceived, should be first
exercised, before the ministerial began to act. It
should be decided by the House in the first in
stance, whether the debt should be reduced by
imposing new taxes, or by varying the burdens, or
by new loans. The fundamental principles of any
measure should be decided in the House, perhaps
even before a reference to a select committee." '
On the last day of the debate, and at the conclu
sion of it, he again spoke ; and his remarks are
thus summed up by the reporter : —
" Mr. Madison closed the debate Avith a few
poAverful observations. He insisted that a reference
to the secretary of the treasury, ou the subject of
loans, taxes, and provisions for the public debt,
was in fact a delegation of the authority of the
legislature, although it would admit of sophistical
arguments to the contrary. The arguments which
he had heard, he said, were not satisfactory to his
mind; and he peremptorily denied that the plans
of that officer came into the House in either an
> See Annals of Congress (Second Congress, 1791-1793), pp. 698, 699.

PLANS OF SECRETARY OF THE TREASURY. 275
equitable or unbiassed manner. A plan coming
from the Senate might fakly be styled constitu
tional, because it came unsupported by any labored
train of argument, and left the House at liberty to
exercise its judgment pro and con, ; whUst those
of the secretary were accompanied with elaborate
reasonings, not on both sides, but on one side only.
This, he insisted, Avas in opposition to Mr. Ames's
doctrine. He concluded by declaring, that it was
evident the secretary's plans were not introduced in
such a way as to leave the House the freedom of
exercising their oavu understandings in a proper
constitutional manner." '
The House had been too long accustomed to lean
upon the secretary of the treasury for financial and
all other plans, uoav to assert its independence ; and
the resolution Avas adopted by almost the same vote
that carried the resolution of the last session. On
the folio Aving day, — the 22d of November, 1792,
— another resolution was adopted Avithout objec
tion, calling on the secretary " to report the plan of
a provision for the reimbursement of the loan made
of the Bank of the United States, pursuant to the
eleventh section of the act incorporating the sub
scribers to the bank." The secretary, on the 3d
day of December, submitted a report, embracing in
one paper his answers to both of the foregoing
resolutions. The report, being read, was ordered
to lie on the table ; and, on the 12th day of Decem^
ber, was referred to the consideration of a Com-
1 Idem, p. 722.

276 LIFE AND TIMES OF MADISON.
mittee of the Whole House on that day fortnight.
So much of the report as related to the reim
bursement of the loan made of the Bank of the
United States, was, on special motion, taken up
six days afterwards, and referred to a select com
mittee with instructions to report a bill for the
purpose. But the portion of the report relating to the
redemption of the public debt, which had been
supposed to be the primary and leading object
of the report, Avas not called up by its professed
patrons for consideration until the llth day of Feb
ruary, — two months later, and only •three weeks
before the close of the session. It was then, after
a slight discussion on that and the following day,
quietly dropped, and not called up again during the
session. From these and other circumstances, it
was apparent that the redemption of the public
debt was never meant to be seriously pursued, and
was brought forward only for political effect. The
secretary had, on a former occasion, dwelt with
much complacency on the beneficiaL effects, as he
considered them, of a national debt; and, on his
recommendation, large portions of it had been made
iiTedeemable for long periods of time. When,
therefore, in his draught of the President's speech,
he spoke of the adoption of effectual arrangements
for the extinguishment of the public debt, as an
object highly desirable in respect of " its intrinsic
importance," as well as with a view to the general
sentiment and wish of the nation, this language, on

ILLUSORY PLAN OF REDEMPTION. 277
his part, was but the politic profession of the states
man, not the sincere conviction of the man.
The actual condition of the country, indeed, at
the time, engaged as it was in an expensive Indian
war, which absorbed a large portion of the public
resources, and without a dollar of surplus revenue
at its command, rendered the moment most unpro
pitious for any practical scheme of redemption,
hoAvever desirable the object undoubtedly was in
itself. The plan submitted by the secretary was,
on its own face, merely ostensible, — not real and
practical. It provided none but the most trivial
resource to be applied to the object for the pres
ent, — a tax estimated to yield about forty thousand
dollars; and all the other resources were contin
gent and visionary, to be provided by future Con
gresses or not, as they might thipk proper, through
a protracted period of nine years.'
The Republican party in the House, who sincerely
favored, as they Avere strongly committed to, the
policy of the earliest possible redemption of the
public debt, saw at once that the plan brought
forward ¦ Avas hollow and delusive ; and so treated
it. Mr. Madison, when the matter Avas first intro
duced into the House, declared that thorough and
exact information of the fhiancial condition of the
government, which had not been furnished, must
form the groundwork of any rational proceeding
for the extinguishment of the debt ; and afterAvards,
^ See report in American State Papers, vol. v., Finance, Part I., pp.
176-180.

278 LIFE AND TIMES OF MADISON.
when resolutions were offered, founded on the sec
retary's report, he pronounced them to be mere
" abstract propositions," without practical value or
efficiency.' The Avhole purpose of the secretary
and his friends Avas ansAvered, however, by throw
ing upon their political adversaries the responsibU
ity of opposing a scheme, which professed to have
in view the popular object of redeeming the pubUc
debt. That point gained, they abandoned, as we
have seen, their own project, and gladly left it to
its fate, attributing its faUure to the Republican
party. The RepubUcans on their part, as an in
dispensable preliminary, in thek judgment, to any
sound and rational system for the extinction of the
debt, proposed a resolution, calling " on the com
missioners for pm-chasing the public debt to lay
before the House a statement of aU thek proceed
ings not heretofore furnished." This resolution
was carried by a vote of thirty-nine to twenty-two ;
the leading and prominent supporters of the secre
tary of the treasury all voting against it.^
1 See Annals of Congress (1791- stituted the original and chief, if
1793), pp. 696 and 873. not sole, motive for bringing it for-
2* The political capital, to use a ward. It is a striking illustration
modern phrase, made by Colonel of the extent to which this political
Hamilton and his friends out of his game was carried at tlie time, that
report, when they themselves had a grave and distinguished contem-
abandoned it, and their successful porary historian should give the
ingenuity in tuming it to account sanction of his high judicial name
for imputing to their adversaries and character to the party interpre-
hostility to the policy of redeeming tations ofthe day. "Those," he
the public debt, of which the latter says, " who claimed the favor and
were the special champions, give a confidence of the people for their
strong corroborative support to the watchfulness to prevent every ac-
Buspicion that party advantage con- cumulation of debt, were found in

REIMBURSEMENT OF UNITED STATES BANK. 279
The bUl for the reimbursement of the loan made
of the Bank of the United States was reported on
the 21st, and taken up for consideration on the
24th, of December. The loan was of the sum of
two mUlions of doUars, reimbursable in ten equal
annual instalments of two hundred thousand dol
lars each, unless the government should think fit to
refund" it at an earlier period and in larger propor
tions. The plan reported by the secretary of the
treasury contemplated the immediate reimburse
ment of the whole sum, by a loan to that amount
abroad; and the fkst section of the bUl reported
by the committee authorized the President to cause
to be borrowed a sum of two mUlions of dollars, at
an interest not exceeding five per cent, to be ap
plied to the reimbursement of the whole amount
borrowed of the bank. The secretary in his report
had suggested, that the benefit of the proposed
arrangement to all parties would be promoted by
applying the proceeds of any loans prewwMsZ?/ ob
tained to the immediate payment of the bank ; and
the sums so applied should be replaced out of the
proceeds of the new loan, specially authorized for
making the payment to the bank. A provision to
opposition to a system for its dimi- proofs to the contrary afforded by
nution, whieh was urged by men the proceedings in Congress which
who were incessantly charged with we have cited above, as to speak
entertaining designs for its exces- of the secretary's plan .as having
sive accumulation, in order to been " earnestly pressed " by him
render it the corrupt instrument and his supporters. — See Mar-
of executive influence." The shall's Life of Washington, vol. ii.
leamed chief-justice even deludes p. 245.
himself so far, notwithstanding the

280 LIFE AND TIMES OF MADISON.
this effect entered also into the plan of the com
mittee. The fact came thus to be disclosed, that a con
siderable sum, proceeding from former loans, was
lying in the treasury, unapplied to its proper ob
jects. The question at once arose, how this had
happened. The most plausible solution seemed to
be, that, since the suspension of the King of Trance
from his functions by the National Assembly, on the
10th of August, 1792, the government had thought
it prudent, if not necessary, to suspend the pay
ment of the debt due to that country ; as there was
no authority in existence, at the moment, represent
ing the national authority, and. competent to give a
valid acquittance.' In this view of the subject, so
long as there was no regularly constituted organ to
represent the sovereignty of the French people, all
the officers of the government concurred.
But after intelligence reached the United States
of the assembling, on the 21st of September, 1792,
of a national convention, invested with full poAver
to act in the name and on behalf of the French
people, the secretary of State, Mr. Jefferson, Avas
decidedly of opinion, that the payments of the debt
to France should be resumed and continued as
before.^ Colonel Hamilton, the secretary of the
treasury, was opposed to this course ; expressing
the opinion, that, notwithstandmg the abolition of

1 See Mr. Jefferson's letter to Gouverneur Morris, 15th October, 1792,
Jefferson's Writings, vol. iii. p. 191.
2 Jefferson's Writings, vol. iv. p. 473.

PAYMENTS DUE TO FRANCE. 281
royalty by the convention, " if a restoration of the
king should take place, no payment made in the in
terval Avould be deemed regular or obligatory ; " and
that Ave might be compelled to pay the debt over
again, " as the actual governing power in France
did not seem likely to be of long duration."'
In this state of things, and even long before, as
afterAvards appeared, the secretary of the treasury
had drawn into the United States a considerable
portion of the sums borroAved abroad to pay the
debt due to France, and expressly appropriated by
law to that purpose. He had also stopped all re
mittances from the United States destined to the
same object ; and from both of these sources had
grown up the accumulated fund said to be lying
dormant iu the treasury, and which it was now
proposed to apply temporarily to the reimburse
ment of the loan made of the Bank of the United
States. The moment at which this diversion was pro
posed to be made, of a fund solemnly pledged to
the payment of the debt due to France, Avas one
of the deepest and most critical interest in the for
tunes of that country. The barbarous and infamous
manifesto of the Duke of Brunswick, issued a short
time before, had kindled a feeling of indignant sym
pathy throughout the United States for France.
That ill-omened commander, at the head of a hun
dred and forty thousand Prussians, Austrians, and
1 See the letter of Colonel Ham- vember, 1792, Hamilton's Works,
ilton to the President, of 19th No- vol. iv. p. 328.

282 LIFE AND TIMES OF MADISON.
Hessians, " breathing out threatenings and slaugh
ter," had invaded the kingdom, and Avas inarching
steadily upon the capital. At such a moment, to
withhold a fund justly due to an ancient ally, Avhich
might be essential to her salvation ; and to apply it
in aid of a moneyed institution, the special object
of treasury benevolence, which could prefer no
valid claim at the time to more than one-tenth of
the amount proposed to be paid to it, — naturally
awakened a strong and earnest opposition among
the representatives of the people.
Mr. Madison spoke against it with a noble ani
mation, inspired by an instinctive sense of justice
and honor.
" There was not any necessity," he said, " for
hurrying a decision on one part of the question, —
respecting the propriety of borrowing at five per
cent to pay off a debt at six, — that could be delib
erated upon Avithout precipitation. The other part
of the question involved a very different subject,
that of diverting a sum already appropriated for a
particular purpose, and applying it to another, — the
payment of the bank instalments by anticipation, —
and that on no better foundation than the uncer
tainty of a new loan to replace the original appro
priation. He could not see how gentlemen would
be able to answer to thek constituents for such
conduct, especially if the sum so diverted was
originally destined to satisfy the instalments of the
debt due to France, — a debt of justice and grati
tude. If such Avere its destination, — to pay a debt

PAYMENTS DUE TO FRAJSfCE. 283
which would go to the support of a glorious cause,
the cause of liberty, — he wished it could be sent
there on the wings of the wind."
Afterwards, in the course of the same day's de
bate, he said, —
" He was Avilling to admit of any explanation
for a diversion of the appropriation of the former
loan to pay our debt to France, except one. Pie
would listen to any reason from the executive, but
that Avliich he had heard alleged, not in but out of
Congress, — ' that there Avould ever exist a possibU
ity of paying the debt over again ! ' This reason
he could never admit ; because, although it might
be vainly argued that the present government of
France had not arrived at a proper stage of matu
rity, yet it must be evident to all the dispassionate
part of mankind, that the revolution was sufficiently
estabUshed to insure it against the danger of a ret
rograde movement." '
On a motion to amend the bill, by striking out
" two millions of dollars," and inserting " two hun
dred thousand," there Avere tAventy-seven ayes to
twenty-six noes ; but the speaker, Trumbull, then
voting Avith the minority, produced a tie, and so the
motion was lost.^ The bUl was then suffered to lie
from the 27th of December to the 27th of Febru
ary, Avhen, full light having in the mean time been
1 See Annals of Congress (1791- pressed to him his disapprobation
1793), pp. 757, 758. ofthe sanction it gave to the pro-
2 Idem, p. 760. Mr. Jefferson posed diversion of the fund for the
records that, on the day of this payment to France. — Jefferson's
vote, the President warmly ex- Writings, vol. iv. p. 475.

284 LIFE AND TIMES OF MADISON.
thrown on the subject by the inquky instituted into
the operations of the treasury department, a motion
to strike out the fkst section, involving the original
principle of the bill, was carried, nemine contradi
cente ; and the whole frame of the measure was
altered by simply authorizing the President to ap
ply, out of a loan contracted for domestic purposes,
the sum of two hundred thousand dollars to pay
the first instalment only due to the bank. In that
shape the bill passed without opposition.
The partial developments, made in the original
discussion on this bill, with regard to the drawing
into the United States, from time to time, of large
portions of the loans made in Europe for the pm'
pose of paying debts there, and especially the debt
to France, excited great surprise and dissatisfac
tion, and stimulated a spirit of inquiry into the
operations of the treasury. Resolutions were first
adopted, calling for a " particular account" of the
several loans made abroad ; the terms on Avhich
each had been negotiated ; the applications of the
proceeds under the appropriations made by law ;
and the balances, if any, which remained unap
plied. In ans AVer to these resolutions, the secretary
of the treasury, on the 4th day of January, 1793,
communicated certain tabular statements, Avhich
appear not to have been as explicit and satisfactory
to the House as was desired ; and, on the 23d of
the month, additional resolutions were adopted, on
the motion of Mr. GUes, calling for further infor
mation, the necessity for which, he said, had groAvn

RESOLUTIONS OF CENSURE MOVED. 285
out of the imperfections or ambiguities of the re-
tm-ns first made. " Congress," he remarked, "had
been legislating, for several years, without compe
tent information of the state of the treasury ; and
it was now time, he conceived, that this informa
tion should be officially laid before the House."
In answer to these additional resolutions of the
House, and similar ones adopted by the Senate,
the secretary made, between the 4th and 19th of
February, a succession of reports, six or seven in
number ; some of them highly controversial, and
even infiammatory, in their tone. On the basis of
the facts disclosed in these reports, Mr. Giles, on
the 27th of February, brought forward a series of
resolutions, declaring, among other things, that the
secretary of the treasury had violated the law, by
the applications he had made of certain foreign
loans, destined exclusively to the payment of debts
due abroad ; that, in doing so, he had acted without
the authority of the President, under whose special
control those moneys had been placed ; that he
had omitted to discharge an essential duty of his
office, in failing to give information to Congress,
in due time, of the moneys drawn by him from
Europe into the United States, commencing with
December, 1790, and continuing till January, 1793;
and that he disregarded the public interest, in
making a loan of four hundred thousand dollars
of the Bank of the United States, at five per cent,
when a greater sum of public money was lying on
deposit and unappropriated in the bank.

286 LIFE AND TIMES OF MADISON.
The resolutions of Mr. GUes Avere elaborately
debated for tAVO days : being Avarmly opposed by
Mr. Smith of South Carolina, INlr. Murray, INIr. Bou
dinot, Mr. Lawrance, Mr. SedgAvick, and Mr. Ames ;
and sustained by the mover, by Mr. Madison,'
Mr. Page, Mr. Mercer, and ^Ir. Findley. To en
able the reader to form an intelligent judgment of
the questions, whether of public interest or official
propriety, involved in this important discussion, a
brief recapitulation is necessary of certain acts of
Congress and the proceedings under them. By the
act, "making provision for the public debt," passed
on the 4th of August, 1790, the President was au
thorized to cause to be borroAved a sum of money,
not exceeding tAvelve mUlions of doUars, for the
purppse of paying the interest and principal of
the debt due abroad ; and the proceeds of the loan
were, by the terms of the act, " appropriated solely"
to that purpose. We have already seen that the
negotiation and management of this loan Avas
placed expressly under the control of the Presi-
1 Mr. Madison had, a few days at least, a very blamable irregular-
before tlie discussion, given to his ity and secrecy in some p.irticulars
friend Judge Pendleton tlie follow- ofit, and many appearances whioh
ing account of the general char- require explanation. With some,
acter of the facts elicited by the suspicions are carried very far;
investigation into the secretary's others resolve the whole that is
conduct, and of the impressions wrong into favoritism to the bank,
which they made upon his mind : — &c. ; whilst the partisans ofthe Fisc
" You will have discovered from either see nothing amiss, or are
the newspapers, that a pretty inter- willing to ascribe every thing that
esting scrutiny has been started is so to venial, if not laudiible, mo-
into the administration of the treas- tives." — Manuscript letter of 23d
ury department. The documents February, 1793.
furnished show that there has been,

INSTRUCTIONS TO SECRETARY OF TREASURY. 287
dent ; a motion of Mr. Madison, to substitute " the
President of the United States" for "the secretary
of the treasury," to whom, in the first draught of
the laAV, it was proposed to assign the duty, hav
ing been, upon full consideration, adoj)ted by the
House.' By another act, passed on the 12th day
of August, 1790, " providing for the reduction of
the public debt," the President was authorized to
cause to be borroAved a further sum of two millions
of dollars ; to be applied, Avith other funds, to the
purchase of the domestic debt of the United States,
under certain prescribed regulations and restric
tions. The President, in execution of the trust commit
ted to him by both of the aforesaid acts, on the
28th of August, 1790, by a formal commission or
power of attorney, authorized the secretary of the
treasury to negotiate a loan or loans to the aggre
gate amount of fourteen millions of dollars, under
the provisions and subject to the limitations of the
two recited acts. On the same day, he gave Avrit
ten and detailed instructions to the secretary, as to
the manner in which he was to execute and pro
vide for the objects of the power delegated to him.
He was specially instructed to borroAV, on the best
terms practicable, such sum or sums as shall be
sufiicient to discharge the instalments, as AveU as
interest, of " the foreign debt," payable to the end
of the year 1791 ; and to apply the proceeds, " with
aU convenient dispatch," to the payment of " the
1 See Annals of Congress (1789-1791), p. 1639.

288 LIFE AND TIMES OF MADISON.
said debt." The instructions further dkected the
secretary not to extend the amount of the loans
beyond the sums necessary to pay the principal and
interest of the foreign debt doAvn to the close of
the year 1791, unless the residue of the debt could
be purchased on terms more advantageous to the
United States than those on which it then stood ;
and, in this latter case, the proceeds of the addi
tional loan Avere to be applied to the residue of the
said foreign debt, so far as it could be purchased
on terms of advantage to the United States.
These were the only instructions of the Presi
dent Avhich were communicated to the House in
answer to the caU made " for the authorities under
which loans were negotiated pui'suant to the acts
of the 4th and 12th of August, 1790, together
with the authorities directing the application of the
moneys borrowed ; " and they plainly contemplated
a loan for the discharge of the foreign debt, and
dkected the application of the proceeds exclusively
to the payment of the foreign debt. It appeared,
nevertheless, and the fact could not be disguised by
the reports of the secretary, that a very large por
tion of the loans negotiated under these instruc
tions had been drawn into the United States, and
applied to domestic purposes.
The defence attempted to be set up by the secre
tary's friends Avas, that the loans had been negoti
ated, without distinction, under the acts of the 4th
and of the 12th of August; and as the latter act
had in view a domestic application of the loan

DEFENCE MADE BY THE SECRETARY. 289
which Avas provided for by it, its sanction was
claimed for the conduct of the secretary in draw
ing into the United States, and using for domestic
purposes, so much of the moneys borrowed as had
received that application.' But even if this argu
ment Avere well founded in principle, as Mr. Madi
son, we shall see, contended it was not, it extended
only to two millions of the sums borrowed, that
being the express limitation of the loan author
ized by the act of the 12th of August for domestic
purposes ; while, in point of fact, four mUlions of
dollars, within a very small fraction,^ had been
di-aAvn into the United States by the secretary,
which, after deducting every portion of it that
could be alleged to have been used here on for
eign account, left a^ large excess beyond the sum
of two millions.
The secretary himself, as if perfectly aware that
this defence could not avail him, resorted in one of
his reports to considerations of a very different, and
dangerous and latitudinous, character, to justify his
proceedings. He laid it down as a maxim, that
" every prudent administration of the finances "
should have at all times a disposable sum of at
least half a mUlion of dollars in the treasury, to
^ This seems to be the chief '^ The precise sum drawn into
ground of the apology so studiously the United States is shown by the
made for the conduct of the secre- report of the committee, which was
tary of the treasury by a distin- raised the following year (1794) for
guished contemporary historian. — the express purpose of inquiring
See MarshaU's Life of Washington, into these transactions, to have been
vol. II. p. 246. 13,990,523. — See American State
Papers, vol. v.. Part I. p. 293.
VOL. III. 19

290 LIFE AND TIMES OF MADISON.
meet contingencies ; and he even alleged as a reason
for the " latitude of drawing " ' he had indulged,
his own individual opinion of the expediency of
placing within the reach of the legislature a por
tion of the foreign loans, for the reimbursement of
the debt which would soon fall due to the bank
of the United States, and for which no domestic
fund had been provided. These were reasons
gravely, however presumptuously, put forward by
the secretary for diverting pubUc moneys from an
appropriation to which they stood solemnly pledged
by an act of the legislative authority ! He boldly
set himself free from all such ignoble fetters,
though imposed by the Constitution itself, by a
lofty and flippant profession of a superior public
spkit, as kl the foUowing passage of one of his
reports to Congress : " If a doubt had occurred
about the strict regularity of what was contem
plated, a mind sufficiently alive to the public inter
est, and sufficiently fh-m in the pursuit of it, would
have dismissed that doubt as an obstacle, suggested
by a pusillanimous caution, to the exercise of those
higher motives which ought ever to govern a man
invested with a great public trust." ^
With such avowals as these in the face of Con
gress, the reader will not be surprised at the strong
language used by a member of the House, who bore
a distinguished part in the discussions on the occa-
1 This was the language of the 2 Report of the secretary ofthe
secretary himself. — See his report treasury, 13tli February, 1793. —
referred to below. See Am. State Papers, ut supra.

DEBATE ON RESOLUTIONS OF CENSURE. 291
sion, in characterizing the conduct of the secretary.
" The exercise of the power assumed by the secre
tary," he said, " Avas inconsistent with that public
confidence upon which alone the government is
founded : it Avas inconsistent Avith public safety and
a government of laws. The secretary seemed to
take the Avhole government upon his shoulders, and
to consider all the great interests thereof com
mitted to his providence. His reports spoke the
language of a Frederick of Prussia, or some other
despotic prince, who had all the political poAvers
vested in himself, — not the language of a respon
sible minister under a free and well-ordered gov
ernment."' Of the speeches made in the course of the de^
bate, none AriU arrest the attention of the reader,
whose curiosity may lead him to look back into the
history of this interesting proceeding, so forcibly as
that of Mr. Madison, which was distinguished by a
clearness and cogency of reasoning, a firmness, yet
decorum, of tone, an earnestness of conviction, a
rivacity and energy of expression, that combined
to make it a model of chaste parliamentarA' elo
quence, as Avell as an irresistible demonstration of
the ti-uth of the positions mamtained by him.
AdVertmg to the instructions of the President,
which accompanied his poAver of attorney to the
secretary, he says : —
" By this formal act, issued along vrith the com
mission to the secretary, the President designated
1 Speechof Mr. Findley, Annals of Congress (1791-1793), pp. 922, 923.

292 LIFE Am) TIMES OF MADISON.
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 the 4th of August, 1790,
he expressly placed the loan under the authority
and provisions of that act : so that the moment the
monev should be borroAved, it Avas to stand legally
appropriated to its specified object, — as much so as
if another laAv, authorizing another loan for another
purpose, had not existed. This arrangement 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 legislatm-e, 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 part of the United
States." He then showed, that, in consequence of the
diversions made by the secretary of this fund from
its legal appropriation, there remained unsatisfied
of the instalments due to France, at the end of the
year 1791, the sum of one million, four hundred
and forty-two thousand dollars ; and, at the end of
the year 1792, six hundred and ninety-eight thou
sand, four hundred and eighty-five dollars. He
demanded —
" In what manner had this trust [delegated by
the President to the secretary] been carried into
execution'? It was to be observed Arith regret,
that, on the very day on which the commission and
instruction were issued from the President, the sec-

SPEECH OF MR. MADISON. 293
retary commenced his arrangement for diverting a
part of a loan, accepted and ratified by virtue of his
commission, to a purpose different from that speci
fied and required by his instruction. That a fact of
so extraordinary a complexion might be grounded
on the most unexceptionable proof, Mr. Madison
said he should take the liberty of supporting it by
the authority of the secretary himself." He here
read an extract of the secretary's report, and pro
ceeded. " The aspect here presented by a compar
ison of the several documents Avas singular and
remarkable. The subordinate officer appeared in
direct opposition to the chief magistrate. The
agent was seen overruling, by his OAvn orders, the
orders of the President. The lauguage of the Pres
ident was, ' By Adrtue of the poAver vested in me by
law, I destine the money to be borroAved to the dis
charge of the instalments and interest of the foreign
debt.' The language of the secretary Avas, ' I des
tine 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 Avould only observe,
in general, that it demonstrated the truth asserted
in the resolution, that the secretary had violated
both the law of August 4th, 1790, and the instruc
tions of the President relatmg to it."
After some remarks on the obligatory force of
legislative appropriations, in which he said, " ap
propriations of money were of a high and sacred
character : they were the great buhvark which the

294 LIFE AND TIMES OF MADISON.
Constitution had carefully and jealously established
against executive usurpations," he recurred to the
special object of the appropriation of the loan
authorized by the act of the 4th of August, 1790.
" If there was no evident necessity," he said,
" for this proceeding [the diversion of the proceeds
of the loan], it was the more to be lamented, that,
whilst we Avere everywhere sympathizing Avith our
allies in their arduous struggles for liberty, and
echoing from every part of the Union our congrat
ulations and good wishes, the pecuniary succors, so
critically necessary to their cause and the most sub
stantial proof of the sincerity of our professions,
should be silently withdrawn across the Atlantic
from the object for which they were intended, —
succors, 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 obUgation, for value received and
acknowledged. In contemplating the subject in
this point of view, he felt a pain he could not
easUy express, and to which, he persuaded himself,
the breast of no member could be a stranger."
The secretary of the treasury was one of the few
American citizens Avho seemed never to have sym
pathized Avith the struggle of the French people for
liberty. The interests of the Bank of the United
States, and of the holders of the public funds, ap
pear at this time to have engaged far more of his
sympathy and attention. Of the drafts of foreign
loans into the United States since the 16th of

SPEECH OF ME. MADISON. 295
April, 1792, Mr. Madison stated " that the pro
ceeds now in the bank, or payable into it before the
first of April next, amount to one mUlion, two hun
dred and twenty thousand, four hundred and sev
enty-six doUars."
" If," said he, " the drafts had received every
requisite sanction ; if they had been produced by
the most justifiable causes, — the existence of this
sum, in a situation so different from what was con
templated, was a fact which the representatives of
the people had a right to know, which it was im
portant 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 of pay
ing off at once the whole sum of two millions of
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 ex
pressly states, among the inducements to such
extensive drafts of money from Europe, that they
were made ' with an eye to placing Avithin the
reach of the legislature ' the means necessary 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 Em-ope
should be transferred to this country and deposited

296 LIFE AND TIMES OF MADISON. '
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 shoiUd be
made to the legislature of the fact that the money
Avas so drawn, and lay at the bank, Avithin thek
reach, to be so appUed 1 "
The secretary had alleged, in excuse, that 7io call
had been made on his department, AA'hich rendered
it proper to exhibit a general Adew, of the public
moneys on hand. To this Mr. Madison pungentiy
and justly replied, —
" If liberty could be taken of removing money
from Eiu-ope, Avhere it stood appropriated by Liav,
to this country, where there Avas no legal object
that required it ; and Avith an eye, as Avas said, to an
object to Avhich no money avus applicable Avithout
the authority of the legislature, — Iioav could it pos
sibly be supposed improper to take the further
LIBERTY of communicating what Avas done to the
legislature ¦? " '
In this discussion, from the very nature of it, Avas
involved a question of great delicacy as between the
President and the secretary of the treasury. The
secretary himself had alleged no other instructions
from the President, respecting the application of
the loans, than those AA'hich accompanied the origi
nal commission to negotiate them. He Avas under
stood, indeed, to contend that no special authority
from the President was necessary to justify any
' See the whole of this power- of Congress (1791-1793), pp. 934-
fiil and conclusive speech, in Annals 945.

THE PEESIDENT AND THE SECEETAEY. 297
application he had thought proper to make of
them ; as there resulted to him, from the nature
and constitution of his office, a general control
over the application and disbursement of public
moneys for the purposes designated by laAv.' On
the other hand, it was contended, Avith manifest
reason and justice, that as the negotiation and
management of these loans had been expressly
placed, by the act of Congress providing for them,
under the immediate control of the President, the
secretary could properly make no application of
their proceeds without the previous authority of the
President. It was also contended, Avith equal rea
son, that as the resolutions of the House, calling
for information, expressly required the communica
tion of " the authorities directing the application of
the moneys borrowed," as well as the authorities
under which the loans had been negotiated ; and
as no other authorities from the President to the
secretary had been communicated to the House, in
answer to its call, but those of the 28th of August,
1790, — the inference must be, that none other
existed. The friends and apologists of the secretary, Avith
out formally abandoning the ground on which he
was understood to insist respecting the inherent
rights of his office, argued at the same time that
other and more special instructions from the Presi-
1 See the pretensions of the sec- 22d of May, 1794, American State
retary, as set forth by himself, in Papers, vol. v., F'inance, Part I.,
the report of the committee of the pp. 290, 291.
House of Eepresentatives of the

298 LIFE AND TIMES OF MADISON.
dent were to be " presumed ; " and efforts were
made to show, from coUateral sources, that the
President had been privy to and sanctioned aU
the proceedings of • the secretary Arith regard to the
appUcation of the loans. To this ^li-. Madison
answered, —
'• It was not to be supposed that the secretary, if
he had received further authorities or insti-uctions,
would have faUed to produce them, or to refer to
them, in justification of his conduct. Far less could
it be presumed, that the President, if he had given
any superseding authorities or instructions, woidd
not have caused them to be communicated to the
House, or that he would haA'e suffered a partial
communication to mislead the House into an error
as to so important a fact. The President Avas the
last man in the world to whom any measure what
ever of a deceptiAe tendency could be credibly im
puted." The insinuation, however, of further instructions,
and the adroit device to enlist on the side of the
secretary the respect universaUy felt for the char
acter of Washington, by the argument, that, if the
secretary had been guUty of misconduct, the Presi
dent himself, as his official superior, was constitu
tionaUy responsible,' produced the intended effect ;
for, in spite of the conclusive demonstration of the
illegality of the secretary's proceedings, the resolu
tions condenming them were negatived by an im-
1 See speeches of Mr. Smith of in Annals of Congress, 1791-1798,
South Carolina, and ilx, Boudmot, pp. 910-918, and 948-955.

EESOLUTIONS EEJECTED —EXPLANATION. 299
mense majority, the highest vote in faA'or of any
one of them being fifteen. Mr. Jefferson, in a
memorandum of contemporaneous date, accounts
for this extraordinary result in the foUoAring
manner : —
" ^Ir. Giles," he says, " and one or two others,
were sanguine enough to believe that the palpable-
ness of these resolutions rendered it impossible that
the House could reject them. Those Avho knoAV
the composition of the House, — 1. Of bank direct
ors ; 2. Holders of bank stock ; 3. Stock-jobbers ;
4. Blind devotees ; 5. Ignorant persons, who did
not comprehend them ; 6. Lazy and good-humored
persons, Avho comprehended and acknowledged
them, yet were too lazy to examine, or unwilling to
pronounce censui-e, — the persons Avho knew these
characters foresaw, that, the first three descriptions
making one-third of the House, the three latter
would make one-half of the residue, and of course
that they would be rejected by a majority of tAvo to
one. . . . There were not more than three or four
who voted otherwise than had been expected." '
The additional explanation we have given above,
of the causes Avhich led to the singular and ex-
ti-aordinary vote of the House, derives every color
of probabiUty from circumstances of subsequent
occurrence, which we proceed noAv to detaU. Jus
tice to the honorable and manly part borne by Mr.
Madison in the proceeding, and the reverential re
spect due to the character of Washington, demand
1 See Jefferson's Writings, vol. iv. p. 491.

300 LIFE AND TIMES OF MADISON.
that we should foUow the story to its sequel. That
the President disapproved of the extent to which
the secretary of the treasury had drawn moneys
from Europe into the United States, and of the
diversion made of a large portion of these sums
from the object to which they stood appropriated
by law, when his attention was properly directed
to the subject and he was made aAvare of the real
state of the facts, there cannot be the sUghtest
doubt. We have akeady seen, that, in a couA-ersa-
tion Arith Mr. Jefferson, he had expressed in the
strongest terms his disapprobation of the attempt
made by the bUl for the reimbursement of the
bank loan, to divert from its legitimate application
any portion of the funds dedicated to the payments
to France.' Even if there were no positive proof
of his sentiments on this subject, his habitual and
scrupulous regard for the declared AriU of the legis
lature, and for the obligations of public faith, would
alone be a sufficient voucher of what they Avere.
With these sentiments clearly and sti-ongly fixed
in his mind, he was whoUy unconscious that he
could ever have been surprised into giving the
least appearance of sanction to the proceedings of
the secretary arraigned by the resolutions before the
House. After those resolutions had been acted
upon, however, it appears that Colonel HamUton
caused it to be intimated to the President, that he
had in his possession a letter from him, written
whUe on his joumey in the South, in the spring of
1 See ante, p. 283, — the note there.

EDMUND EANDOLPH'S COMMUNICATION. 301
1791, giving his sanction to some of the trans
actions in question ; and this letter, it was not
improbable, had been privately shoAvn to some
members of the House, dming the pendency of the
discussion, to infiuence the vote upon the resolu
tions. The following account of the incident here
referred to is given in a letter of the Sth of August,
1811, to Mr. Madison, from Mr. Edmund Randolph,
who was, at the time of the occurrence, attoi-ney-
general of the United States, and as such a mem
ber of Washington's cabinet : —
" Giles's resolutions had been defeated, before
Colonel PlamUton suggested, through one of his
indkect conduits to the ear of the President, that,
dming his torn- in the South, he had sanctioned by
two letters [there Avere two letters of Colonel Ham
Uton to the President, but only one from the Presi
dent in reply] the measure Avhich was so severely
criminated. • The President mentioned the circum
stance to me with surprise and passion, declaring,
in the most excluding terms, that he never did
write, or cause to be written, letters to that pur
port. Some days afterwards. Colonel HamUton put
them into the President's hands ; and by him they
were communicated to me, Avith an instruction to
write to Colonel Hamilton, avoAring them. This
I did ; and it Avould seem impossible that upon a
subject, on which his sensibUity Avas so much kin
dled, that a document of justification should have
been laid aside as a private paper. These facts
are most distinctly recoUected."

302 LIFE AND TIMES OF MADISON.
The letter of the President, here referred to, was
in answer to two letters of Colonel HamUton, dated
respectiA'ely the 10th and 14th of Api-U, 1791, in
forming him of the negotiation of a loan in Hol
land of tAVO mUUons and a half of guilders, of which
he destined one-half, or perhaps one mUlion five
hundl-ed thousand guUders, to the use of France,
and the residue to the purchase of the public debt
here ; and that, with the concurrence of the other
heads of departments, and of the Vice-President,
he had instructed Mr. Short to open a ucav loan
for three miUions of guilders. To these two letters
the President, being then in the hiury and bustle
of his tour to the South, sent the folio Aving brief
answer from Charleston, S.C, dated the 7th of
May, 1791: —
Sir, — I have received your letters of 10th and 14th
of last month. Concluding from Mr. Short's statement
of his negotiation in Amsterdam, aud from the opinions
offered in your letter of 10th ultimo, that the loau has
been obtained ou the best terms practicable, aud that
its application iu the manner you propose A^-ill be most
advantageous to the Uuited States, I do hereby signify
my approbation of what Jias been already time, as communi
cated to me in your letters of the 10th aud 14th of April.
Assenting to the further progress of the loans, as recom
mended by you iu these letters, I request that instruc
tions may be given for completing them agreeably
thereto. I am, sir, your most obedient servant, G. W.
It is erident from the face of this letter that it
was written in great haste, and under ckcumstances

STATEMENT OF THE SECEETAEY. 303
which precluded all investigation of any questions
that might arise as to the legal warrant for what
had been done; and was founded upon the frank
and liberal confidence which the President is often
obliged to repose in the opinions of his official
adAdsers. Such being plainly the hurried and un
premeditated, as well as confiding, character of the
letter, and at the same time its insufficiency to
cover the various operations of the secretary in the
matter of the foreign loans, it is not surprising that
he should have felt grave scruples as to either the
propriety or expediency of producing it before
the House, Avhen the resolutions of Mr. GUes were
under consideration.
But when, at the ensuing session of Congress, the
special committee, raised to inquire into the con
dition of the treasury, and more particularly into
these transactions, overruled the secretary's claim
of an inherent poAver, by vktue of his office, to
dkect aU the applications of the public money, and
required him to " state by what authority any por
tion of the moneys borroAved abroad had been
drawn to the United States," he produced before
the coinmittee the letter of the President given
above ; and also stated, in general, that, " from
time to time, he had submitted the disposition of
each loan to the consideration of the President,
with his reasons for such disposition, and to obtain
the sanction of the President previous to carrying
it into effect, which was always had." The com
mittee requested, that this statement of the secre-

304 LIFE AXD TIMES OF MADISON.
tary, together Arith the papers accompanying it,
" touching the point of authority imder Avhich
moneys borrowed abroad have been draAvn to the
United States, should be presented to the President :
and that the secretary should obtain from him such
decl-aration concerning the same, as the President
mav think proper to make."' On the communica
tion of the secretary's statement to the President,
the President addressed to him, on the Sth of AprU,
1794, the foUowing note for the information of the
committee : —
SiE, — I cannot charge my memory Avith all the par
ticulars Av^hich have passed between us, relative to the
disposition of the mouey borrowed abroad. Your letters,
however, and my answer, which you refer to iu the forego
ing statement, aud have lately reminded me of, speak for
themselves, and stand iu need of uo explanation. As to
verbal communications, I am satisfied that many were
made by you to me on this subject ; and, from my gen
eral recollectiou of the course of the proceeding, I do uot
doubt that it was substantially as you have stated in the
annexed paper, and that I have approved of the measures
which you from time to time proposed to me, upon the
condition that ivhat was to be do-ne by you should be agreeable
to the latvs. I am, sir, your most obedient servant, G. WASmNGTON.
This note proved very unsatisfactory to the secre
tary ; and he addressed to the President a letter of
mingled complaint and deprecation. He began by
1 See the report of the com- referred to, in American State Pa-
mittee, with all the papers here pers, vol. v., ut supra.

THE SECEETAEY DISSATISFIED. 305
saying, "I have analyzed the declaration which
you have been pleased to make upon the copy of
the paper of the 1st instant, aud find that the terms
used are such as wUl enable those who construe
every thing to my disadvantage to afik-m that ' the
declaration of the President has entirely waived the
main point, and does not even manifest an opinion
that -the representation of the secretary of the treas
ury is well founded.' To this it would be added,
that the reserve of the President is a proof that he
does not think that representation ti-ue ; else his
justice would have led him to rescue the officer
concerned, even from suspicion on the point. That
this will be the interpretation put upon your declar
ation, I have no doubt ; and, ia justice to myself, I
cannot forbear to make this impression known to
you, and to bring the declaration again mider your
rerision." He then stated, " I have learned, from an authen
tic source, that a particular gentleman, supposed to
possess good opportunities of information, has in
timated, in a manner to induce a belief of its having
come from you, that it never was your intention that
any of the loans which were made should have
reference to the act [of the 12th of August, 1790]
making provision for the reduction of the public
debt, and you never knew any thing of the opera
tion whUe it was going on. Under all that has hap
pened, sk, I cannot help entertaining, and frankly
expressing to you, an apprehension that false and
insidious men, taking advantage of the want of
VOL. III. 20

306 LIFE AND TIJlES OF MADISON.
recollection, which is natural where the mind is
habituaUy occupied Arith a variety of important
objects, have found means, by artful suggestions,
to infuse [into your mind] doubts and disti-usts very
injurious to me."
After some other remarks of the same tenor, he
adds, " Xot seeking to escape responsibUity for any
improper execution of the laws, if any has. hap
pened, I did not imagine that want of immediate
authority from the President to do what they would
justify would be suffered to remain — the appeal
being made to him — a topic of objection to my
conduct." Notwithstanding this renewed and somewhat im
portunate appeal to the President, he did not, in
any respect, modify the declaration which the sec
retary " brought under his revision ; " nor did he
disclaim the interpretation which the secretary said
" its terms " would cause to be put upon it, or dis
avow any of the unfavorable impressions or doubts
or distrusts which the secretary supposed had
arisen in his mind Avith regard to the ti-ansactions
in question. In the serene majesty, the elevated
justice, and conscious integrity of his character, he
remained sUent and inflexible ; and his unrevoked
declaration, with the secretary's interpretation of
it undisclaimed by him, must be considered as
the President's final and authentic manifesto to the
world, that he had never authorized any operations
of the treasury for diverting pubUc moneys from
the object to which they stood appropriated by laAV,

CLOSE OF SESSION OF CONGEESS. 307
and that he still fk-rnly and resolutely Avithheld his
sanction from all measures of the secretary of that
description.' During the session of Congress, Avhich Avas now
drawing to a close, many subjects of legislation
Avere introduced, and partially discussed ; but none
of special importance received the definitive ac
tion of the two Houses. The minds of members
were much pre-occupied by the inquky that had
been going on into the official conduct of the sec
retary of the treasury ; and there seemed also to
be a general disposition to remit all questions of a
permanent, national character to the next Congress,
in which there Avould be a fuller and more equal
representation of the people, founded upon the
new census. A lively and graphic contemporary
writer, himself a distinguished member of Congress,
and of zealous Federal politics, wrote near the end
of the session, " This avUI be a do-little session.
What we fall short in work, we make up in talk. . . .
The next session Avill be the pitched battle of par
ties," Avhen, he added elsewhere with bitter depreca
tion, "the host of the South avUI come up to trample
down the labors of the two first Congresses."^
An extraordinary duty Avas devolved by the Con
stitution on this Congress, — that of opening and
1 Mr. Madison, in a letter of of the foreign loans] and other
12th April, 1793, to Mr. Jefferson, parts of the fiscal administration
six weeks after the termination of have been left."
the debate on Giles's resolutions, ^ Life and Correspondence of
says, "I suspect the President may Fisher Ames, vol. i. pp. 124, 126,
not be satisfied with the aspect 128.
under which that [the appUcation

308 LIFE AND TIMES OF MADISON.
counting the votes given by the several States for
President and Vice-President, and declaring the
result. The election had taken place in Decem
ber, 1792; and the two Houses now met together
in the Senate chamber, on the 13th of February,
1793, for the purpose of opening the certificates
of the votes, which, according to the Constitution,
were to be transmitted, sealed, to the seat of gov
ernment, directed to the President of the Senate.
The result, as anticipated, was the unanimous suf
frage of all the States, amounting to one hundred
and thirty-two electoral ballots, for Washington as
President. For Vice-President, Mr. Adams re
ceived seventy-seven votes, George Clinton fifty,
Thomas Jefferson four, and Aaron Burr one. The
entire State votes of New York, Virginia, North
Carolina, and Georgia, Avith one electoral ballot
from Pennsylvania, Avere given for Governor Clin
ton ; the vote of Kentucky, four ballots, for Mr.
Jefferson ; and one ballot from South Carolina for
Colonel Burr. The state of the vote for Vice-Presi
dent showed the growing diAdsion of political par
ties, and their geographical advance in the United
States. Mr. Adams, by the strong bias of his
theoretical opinions on government, which had be
come more generally known since his election to
the Vice-Presidency, as well as by the character
of his casting-votes in the Senate, had lost much of
the favor which the great merit of his revolution
ary services had at first gained for him with the
Republican party ; and in the same proportion he

MR. ADAMS SUPPORTED BY FEDERALISTS. 309
had advanced in the favor and confidence of the
Federalists. Colonel HamUton, departing from the coldness
and even dislike he had manifested towards the
aspirations of Mr. Adams in the first election, noAV
became his zealous advocate and active election-
eerer. To one friend he Avrites, " Mr. Clinton's
success I should think very unfortunate. I am
not for trusting the government too much into the
hands of its enemies. ... I have hitherto scrupu
lously abstained from interference in elections ; but
the occasion is, in my opinion, of sufficient impor
tance to Avarrant in this instance a departure from
that rule." To another he says, " Either Governor
Clinton or Mr. Burr is to be run in this quarter as
Vice-President, in opposition to Mr. Adams. . . .
It wUl be a real misfortune to the govemment if
either of them should prevaU. . . . Mr. Adams,
whatever objections may lie to some of his theoretic
opinions, is a firm, honest, and independent poli
tician." To a third he repeats, " Mr. Adaras is
the man who wUl be supported in the Northern
and Middle States by the friends of the govern
ment. I do not scruple to say to you, that my
preference of Mr. Adams to either of these [Clinton
or Burr] is decided."' In these sentiments, all the
distinguished leaders of the Federal party, Mr. Jay,
Mr. King, Mr. Ames, and others, expressed an
earnest sympathy and concurrence.^
1 See Hamilton's Works, vol. v. pp. 527, 532-535.
2 Idem, pp. 526, 542 ; and Life and Works of Ames, vol. i. pp. l23, 125.

310 LIFE AND TIMES OF MADISON.
The sentiments of the Republican party, with
regard to the election of Vice-President, are shown
also by contemporaneous revelations from their
leading statesmen. Mr. Jefferson, in a letter to
Mr. Pinckney, American Minister at London, of
the 3d of December, 1792, AvhUe the result of the
election Avas yet unknoAvn, says, " The occasion
of electing a Vice-President has been seized as a
proper one for expressing the public sense on the
doctrines of the monocrats. There will be a strong
vote against Mi-. Adams ; but the strength of his
personal Avorth and his services wUl, I think, pre
vail over the demerits of his political creed."' So,
too, ISIr. Madison, in writing to Judge Pendleton
from PhUadelphia, on the 6th December, 1792,
says, —
" The election of a Vice-President has excited in
this quarter considerable animation, and called forth
comparative portraits of the political characters of
Mr. Adams and Governor Clinton, the only candi
dates brought into the field. The former has been
exhibited in all its monarchical features ; and the
latter, in the anti-federal colors it wore in 1788.
There are not sufficient data here to calculate with
certainty the event of the contest. The probabUity
is rather favorable to Mr. Adams, but not in such
a degree as to prevent pretty keen apprehensions
among his friends. As the opposition is leveUed
entkely against his political principles, and is made
imder very great disadvantages, the extent of it,
1 Randall's Life of Jefferson, vol. ii. p. 104.

PEOGEESS OF REPUBLICAN ASCENDENCY. 311
whether successful or not, wUl satisfy him that the
people at large are not yet ripe for his system."
Mr. Madison was not mistaken as to the awak
ened and growing sentiment of the nation ; and an
opposition had now commenced, which, as we shall
see in the further progress of this narrative, ad
vancing gradually and steadily, as all salutary and
stable revolutions do, and gainkig successively one
State after another, led, in two presidential cycles
more, to a long and uncontested ascendency of the
Republican party, under its wise and able leaders,
in the public councUs of the country.

CHAPTER XLVIL
Eolations with England and France — Political Parties divide more
openly upon them — Persevering Eefusal of England to fulfil Treaty
of Peace — Her Adherence to Commercial Restrictions — Impress
ment of American Seamen — Friendly Dispositions of France — In
creasing Sympathy of American People in her Struggle for Liberty —
Excesses of French Revolution occasioned by Unjustifiiible Violence
of the Coalition — War declared between England and France — Dan
ger of the United States being drawn into it — Proclamation ofthe
President — Deliberations of the Cabinet — Opinions of Mr. Madison
— Colonel Hamilton proposes Renunciation of Treaties with France —
— His Views opposed by Mr. Jefferson — Overruled by the Presi
dent — New French Minister, Genet, arrives in the United States —
Demonstrations of Popular Enthusiasm — Letter of Mr. Madison —
Character of Genet — His Eeception hythe Government — Declara
tions of Liberal and Friendly Policy in Name of French Eepublic —
Unpleasant Questions arise from Imprudent and Intemperate Conduct
of the Minister — Discussions between him and Secretary of State —
His Conduct in tlie case of " Le Petit Democrat" — His Recall at length
requested — Followed by Request for Recall of American Minister at
Paris — Hostile Conduct of the British Government — Violations of
Flag and Neutral Eights of the United States by its Authority — In
dignant Feeling kindled by these Acts — Unfounded Extenuation of
them by Political Writers — Judge MarshaU — Colonel Hamilton
writes Series of Controversial Articles, under Title of "Pacificus,"
Hostile to France, and broaching Dangerous and Unconstitutional
Doctrines as to Powers of the Executive — Answered by Mr. Madison
under Historical Name of " Helvidius " — Ability of Answer — Close
of the Controversy — No Effort at Eeply made by Colonel Hamilton.
We have now arrived at a period when the for
eign relations of the United States, particularly the

FOREIGN EELATIONS. 313
relations Avith Great Britain and France, entered
more largely and more openly into the controversies
of the tAVO great political parties of the country.
It becomes necessary, therefore, to resume the
history of those relations from the point at which
we left them in a preceding part of this narrative.'
The government of Great Britain had, as Ave have
seen, from the moment of the termination of the
Revolutionary Avar, given cause of great dissatisfac
tion to the United States, by a persevering refusal
to execute a most vital article of the treaty of peace,
with regard to the prompt evacuation of all military
posts held within their limits ; and also by the adop
tion of very unequal, injurious, and oppressiA'e reg
ulations respecting the commercial intercourse of
the tAVO countries. When, in the autumn of 1791,
Mr. Hammond arrived in the United States as the
Minister of Great Britain, hopes Avere conceived of
an early removal of these grounds of complaint, by
means of a candid and amicable discussion of the
questions at issue.
The correspondence betAveen him and the Amer
ican secretary of State, Mr. Jefferson, commenced
in November, 1791 ; and was opened, on the part
of the latter, by requesting explanations of the in
tentions of the British court, both with regard to
the execution of the treaty of peace, and the future
intercourse of commerce. In setting forth the
breaches of treaty complained of, Mr. Jefferson
i See ante, chap. xlii. p. 188.

314 LIFE AND TIMES OF MADISON.
mentioned as many as eight posts,' within the terri
torial limits of the United States, from Avhich British
garrisons had not yet been withdrawn, and in the
vicinity of Avhich British officers exercised a juris
diction over both country and inhabitants, and ex
cluded citizens of the United States from navigating
" the rivers and lakes established as the boundary
between the two nations," even on the American
side of the middle line of division.
Mr. Hammond ansAvered, as his government had
done before, by pleading alleged non-compliances
with the treaty on the part of the United States.
All these allegations, after a most careful and
minute research of facts, — an investigation which
consumed several months, as the alleged non-com
pliances related to the separate action of the indi
vidual States, — were reviewed in a most able and
elaborate reply of Mr. Jefferson, dated the 29th of
May, 1792, and were shown to be wholly destitute
of foundation, either in principle or fact. Mr.
Hammond, on the 2d day of June, acknowledged
the receipt of this reply, which, he said, " he should
transmit without delay to his court, for the consid
eration of His Majesty's Ministers." More than a
year elapsed without any further answer by the
British Minister, when the President, naturaUy
chafed by the delay,^ instructed the secretary of
1 These were Michilimackinac, 2 gee the note of the President
Detroit, Fort Erie, Niagara, Oswe- to the secretary of State, in Sparks's
go, Oswegatchie on the St. Law- Washington, vol. x. p. 348.
rence, Point-au-fer and Dutchman's
Point on Lake Champlain.

DELAY OF BEITISH GOVEENMENT. 315
State to Avrite to him, to know Avhen an answer
might be expected. In his note to the • Minister,
which was of the 19th of June, 1793, Mr. Jeffer
son said, " The delay has uoav become such as nat
urally to generate disquietude. The interests Ave
have in the Western posts, the blood and treasure
which their detention costs us daily, ^ cannot but
produce a correspondent anxiety on our part. Per
mit me, therefore, to ask when I may expect the
honor of a reply."
Mr. Hammond answered on the foUowing day,
by informing Mr. Jefferson, that, on the receipt of
his note of the 29th of May, 1792, in England, His
Majesty's principal secretary of State had Avritten
to him that it would be taken into immediate con
sideration, and, after it had been thoroughly exam
ined, further instructions should be given in relation
to it. These instructions, which he daily expected,
had been delayed,. he presumed, in consequence of
the very interesting events that had occurred in
Europe since the receipt of Mr. Jefferson's note.
We shall hereafter see, that, doAvn to the end of
the current year, no instructions had yet been re
ceived by Mr. Hammond relative to a paper, the un
answerable character of which, doubtless, constituted
the true explanation of the delay that had taken
place, — a delay which was destined to be indefinitely
prolonged, for no attempt was ever made to over-
1 Mr. Jefferson here aUuded to lieved to have its origin in the
the Indian war in which the United encouragement derived from the
States was then involved, and be- neighboring British garrisons.

316 LUFE AND TIMES OF MADISON.
throw the solid array of arguments and facts pre
sented by Mr. Jefferson. With regard to a commer
cial arrangement, Mr. Hammond was compelled,
when pressed by Mr. Jefferson's persevering inqui
ries, to admit that he was without any commission
or powers to conclude such an arrangement.' This
exhibition of haughty indifference, and of high
handed injustice and wrong, was crowned by the
wanton impressment of American seamen from on
board American vessels, both at sea and in port;
an outrage of which no similar example had ever
before been given in the intercourse of civilized
and independent nations.
Such was the offensive, if not absolutely hostUe,
attitude of Great Britain towards the United States.
Far different, both in form and spirit, were the
relations existing between France and the United
States. The treaty of amity and commerce, of the
6th of February, 1778, and the treaty of eventual
alliance of the same date, had bound the tAvo na
tions together by the most intimate ties of friend
ship and reciprocal correspondence ; and those
bonds still subsisted in all their pristine influence
and force. The feelings of gratitude and attach
ment nourished in the minds of the American
people, by the remembrance of the generous and
fraternal assistance which France had given them
in their unequal contest for independence, were
also quickened, and elicited in warm returns of
1 Compare his notes of 30th No- ber, 1792, in Waite's State Papers,
vember, and 6th and 14th Decem- vol. i. pp. 212-215.

EESOLUTIONS OF SYMPATHY WITH FEANCE. 317
national sympathy and good wishes, by the death-
struggle in which France herself was now engaged
in vindication of her liberties. Nor were these
feelings confined to the popular breast alone.
They Avere embodied in solemn acts of the public
authorities. When the acceptance of the Constitution of 1791
by the king Avas made knoAvn by the king himself
in a letter to the President, and by the President laid
before Congress, the House of Representatives, on
the 10th day of March, 1792, upon the motion of
Mr. Madison, adopted a resolution, expressing " the
sentiments of high satisfaction" with which they
received the intelligence, and requesting the Presi
dent, in his answer, to signify " the sincere partici
pation of the House in the interests of the French
nation on this great and important event ; " and
added " thek wish that the wisdom and magnanim
ity displayed in the formation and acceptance of the
Constitution may be rewarded by the most perfect
attainment of its object, — the permanent happihess
of so great a people." The first part of the resolu
tion passed by an almost unanimous vote, there
being but two dissentients ; and the latter, by a
majority of thkty-five to eighteen.'
1 See Annals of Congress (1791- without congratulating you most
1793), pp. 456, 457. The President sincerely on the king's acceptance
had anticipated the formal action of of the Constitution, presented to
Congress by the following warm him by the National Assembly ;
expression of his personal feelings, and upon the happy consequences
on the same occasion, in a letter to which promise to flow upon your
Lafayette, of 21st November, 1791 : country, as well as to mankind in
" I cannot conclude this letter general, firom that event. The

318 LIFE AND TIMES OF MADISON.
When, at a later period, the establishment of a
republic in France by the National Convention was
officiaUy notified by their public minister here, the
secretary of State, in acknoAvledging the notifica
tion, used this earnest and significant language, by
the authority of the President, in the name of the
government and people of the United States : " Be
assured, sir, that the government and citizens of
the United States vieAv, with the most sincere
pleasure, every advance of your nation toAvards its
happiness, — an object essentially connected with
its liberty ; and they consider the union of prin
ciples and pursuits between our two countries as
a Unk which binds still closer their interests and
affections."' The formidable coalition of the croAvned heads
of Europe against the revolution in France, and
the invasion of her territory in the summer of 1792
by the armies of Austria and Prussia, heralded by
the famous manifesto of the Duke of BrunsAvick,
Avhich openly avoAved for its object the putting
doAvn of the revolution by the strong hand of for
eign intervention, and denounced " the rigors of
military execution " against all Avho should npt
obey the imperious summons, naturally added great
intensity to the sympathies already felt by the
prayers and wishes of the friends one will rejoice in your felicity, and
of the human race have attended for the noble and disinterested part
the exertions of your nation ; and you have acted, more than your
when your affairs are completely affectionate friend George Washing-
settled, under an energetic and ton."
equal govemment, the hearts of l See Jefferson's Writings, vol.
good men will be gratified, and no iii. p. 210.

EXULTATION AT FEENCH SUCCESS. 319
American people in the French struggle for liberty.
The private correspondence, as well as the public
journals, of the time affords striking evidence of the
prevalence of this feeling through every class and
gradation of society. Mr. Madison, in answering
the anxious inquiries of his venerable friend Judge
Pendleton for French news, Avrites on the 6th of
December, 1792, " I wish I could remove your
anxiety for the French. The last accounts are so
imperfect and contradictory, that it is difficult to
make any thing of them. They come also through
the Brussels and English channels, which increase
the uncertainty. It appears, on the whole, that the
combination against the revolution, and particularly
against their neAV republic, is extremely formida
ble ; and that there is still greater danger within,
from the folUes and barbarities which prevail in
Paris. On the other hand, it seems tolerably clear
that the nation is united against royalty, and weU
disposed to second the government in the means of
defence." A few days later, news was received of the dis
comfiture and retreat of the Duke of BrunsAvick ;
and the feeUngs of the American people broke
forth in one general burst of national exultation.
Mr. Jefferson, writing from Philadelphia, on the
15th of December, to a private friend and neigh
bor of his in Virginia,' gives this glowing account
of the sensation which the news produced : " We
have just received the glorious uoavs of the Prussian
1 Dr. Gilmer, of Albemarle, Va.

320 LIFE AND TIMES OF MADISON.
army being obliged to retreat, and hope it wUI be
foUoAved by some proper catastrophe on them.
This noAvs has given Avry faces to our monocrats
here, but sincere joy to the great body of the citi
zens. It arrived only in the afternoon of yester
day ; and the bells were rung and iUuminations took
place in the evening."
The barbarities committed in Paris, of which
Mr. Madison speaks, particularly the massacres of
September, produced a universal thrill of horror in
the United States ; and all minds were touched
with a sentiment of deep compassion at the fate of
Louis XVI. and his family. But these barbarities,,
and the catastrophe of the royal family, were con
sidered as the direct, and in the dreadful excitement
of the times the certain and inevitable, re-action
from the violent and unAvarrantable proceedings of
the coalition, — proceedings which placed the peo
ple of France in the cruel dilemma of utter annihi
lation, or of triumph over their enemies, internal
and external, by whatever means seemed most ex
peditious and effectual. In the language of a calm
and philosophical historian of these tragic events,
" There was [after the manifesto of the Duke of
Brunswick, and its terrible denunciations of ven
geance against the French people] but one wish,
one cry of resistance, from one end of France to the
other; and whoever had not joined in it would have
been regarded as guUty of impiety towards his
country, aud the sacred cause of its independence.
The popular party, which was thus forced, as it

CONSEQUENCES OF THE COALITION.

321

were, to triumph, saw no other means than to put
an end to the monarchy, and, m order to that, to
depose the king." '
To the minds of the American people was pre
sented but one great issue, — on one hand, the ki-
herent right of every nation to model or reform its
institutions at its own pleasure ; and, on the other,
the unhallowed combination of foreign and despotic
powers, leagued together to prevent or punish the
exercise of this vital and inalienable right. In
the presence of such an issue, however much they
deplored or condemned the revolting incidents
which marked the progress of the struggle on the

1 Mignet, Histoire de la Revo
lution Fran9ai8e, vol. i. pp. 275,
276. The EngUsh historian Alison
concurs fully in the same judgment
(see Hist, of Europe, vol. i. chap.
v.); and it is remarkable, that in
the English Parliament, in a debate
on the king's message respecting
the rupture with France, 1st of
February, 1793, a distinguished
member, Mr. Whitbread, referring
to the barbarities mentioned in the
text, said, " He denied that these
barbarities were the necessary con
sequences of the French revolution,
or of republican principles. To the
conduct of the powers combined
against the liberties of France, to
the sanguinary manifestoes of the
Duke of Brunswick, miglit they
without hesitation be ascribed."
But what is yet more remarka
ble is, that the ill-fated king him
self, in a representation addressed
to the alUed sovereigns, whUe in
voking their intervention, incul-
TOL. III. 21

cated the necessity of the greatest
delicacy and moderation towards
the French people, and distinctly
foretold what would be the deplora
ble consequences of a different pro
cedure. "Any othpr conduct," he
said, " will produce civil war in the
interior, put in danger the lives of
the king and his famUy, subvert the
throne, cause the royalists to be put
to death, and raUy to the Jacobins
all the original friends of the revo
lution who have detached them
selves, and are daily detaching
themselves, from their connection."
— " Toute autre conduite produirait
une guerre civile dans I'int&ieur,
mettrait en danger les jours du roi
et de sa famille, renverserait le
trone, ferait ^gorger les royalistes,
et rallierait aux Jacobins tous les
revolutionaires qui s'en sont de
taches et qui s'en de'tachent chaque
jour." — See Memoires de Ber
trand de MoleviUe, vol. vm. p.
39.

322 LIFE AND TIMES OF MADISON.
one side and the other, those incidents had no power
to affect thek judgment on the original and intrinsic
merits of the controversy.
England did not, at first, openly join the coa
lition. But, after the execution of the king, she
ordered the French Minister ignominiously out of
her dominions ; and thereupon, in the month of
February, 1793, mutual and formal declarations
of Avar by both parties soon followed. The open
accession of England to the coalition modified very
materially, and almost instantly, the sentiments of
that party in the United States which had ahvays,
from the close of the Revolutionary Avar, shown a
strong bias in favor of a close connection with her.
Upon the great body of the people, if it produced
any effect, the impression was of a very different
character. On one side, they saw a power which
had but lately carried war and desolation, fire and
SAvord, through their own country, and, since the
peace, had not ceased to act towards them in the
old spirit of unkindness, jealousy, arrogance, and
injustice ; on the other, an ally who had rendered
them the most generous assistance in war, had
evinced the most cordial dispositions for a liberal
and mutually beneficial intercourse in peace, and
was now set upon by an unholy league of the
monarchical powers of Europe, to overwhelm and
destroy her, for her desire to establish institutions
congenial to those of America. In such a contest,
it would be exceedingly difficult, if not impossible,
for the people of America to be neuti-al in thek

A CABINET MEETING CALLED. 323
feelings, Avhatever considerations of national inter
est or duty there might be to enjoin upon them
neutrality of conduct.
The President was at Mount Vernon when he
received information, from both the secretary of
State and the secretary of the treasury, of the dec
laration of Avar betAveen England and France. He
immediately wrote to those gentlemen, announcing
his intention to return to Philadelphia without de
lay, expressing his conviction that proper measures
should be taken " to prevent the citizens of the
United States from embroUing the country Avith
either of those powers, by endeavoring to maintain
a strict neutrality ; " and requesting them to take
into their consideration, and to be prepared to give
him their opinions on, the measures most likely
and proper to secure that end. On his arrival in
Philadelphia, he called a meeting of the cabinet,
and submitted to them a series of questions in
writing, — embracing not only the expediency of
issuing a proclamation for the purpose indicated in
his letter to the secretaries of State and of the
treasury, but certain doubts which had been raised
relative to the treaties Avith France, as well with
regard to their subsisting obligation as to their cor
rect interpretation ; and also the propriety of receiv
ing the new minister expected from the French
republic. These questions were supposed at the
time, and are uoav known, to have been prepared
by the secretary of the treasury, the bias of whose
opinions they sufficiently disclosed. On the part

324 LIFE AND TIMES OF MADISON.
of the President, there was entire willingness to
hear the fullest and freest expression of opinions
on all the points suggested for consideration, how
ever they might differ from his oavu.
The cabinet council took place on the 19th
April, 1793 ; and, on the first question propounded
for consideration, — "Shall a proclamation issue for
the purpose of preventing interferences of the citi
zens of the United States in the war between
France and Great Britain, &c.," — the opinion in
the affirmative was unanimous. According to a
contemporary official memorandum of the result of
the deliberation on this question, the proclamation
to be issued was " to forbid citizens of the United
States to take part in any hostilities on the seas
with or against any of the belligerent powers ; and
to Avarn them against carrying to any such powers
any of those articles deemed contraband, according
to the modem usage of nations ; and to enjoin them
from aU acts and proceedings inconsistent Avith the
duties of a friendly nation towards those at war." '
The proclamation was issued on the 22d of AprU,
1793 ; and being in some of its introductory clauses*
very vaguely drawn by the attorney-general ^ who
was charged with its preparation, it received at
the hands of politicians an interpretation straining
1 See this memorandum in assumed to declare, that " the duty
Sparks's Washington, vol. x. p. and interest of the United States re-
534 ; and also in HamUton's Works, quired them " to pursue a system of
vol. IV. p. 360. impai-tiality between the belUgerent
2 The introductory clauses of powers, and also that the "disposi-
the proclamation here referred to, tion of the United States " was in
as drawn by the attorney-general, accordance with such a poUcy.

PROCLAMATION OF THE PRESIDENT. 325
it beyond the purport of the official record made
at the time. One of the questions distinctly pro
pounded for the consideration of the cabinet, as
shoAvn by the written series above mentioned, was
this: "Shall the proclamation contain a declaration
of neutrality, or nof?" — that is, an authoritative
annunciation by the executive of the futm-e and
permanent policy of the United States with regard
to all the powers at war, or simply an admonition
to the individual citizens of the United States for
the regulation of thek conduct in the existing state
of the law and fact. On this point we have the
following contemporary revelation of what passed
in the cabinet, in a letter from Mr. Jefferson to Mr.
Madison of the 23d of June, 1793 : —
" The proclamation, as first proposed, was to
have been a declaration of neutrality. It was op
posed on these grounds : 1 . That a declaration of
neutrality was a declaration that there should be no
war, to Avhich the executive was not competent;
2. That it would be better to hold back the declara
tion of neutrality, as a thing worth something to the
powers at war, — that they would bid for it, and
we might reasonably ask for it, the broadest priv
ileges of neutral nations. The first objection Avas
so far respected as to avoid inserting the term neu
trality ; and the drawing of the instrument was left
to Edmund Randolph. That there should be a
proclamation was passed unanimously, with the ap
probation or the acquiescence of all parties."'
1 This statement of Mr. Jeffer- Madison of the 13th June, 1793,
son was in answer to a letter of Mr. suggesting, with his habitual accu-

326

LIFE AND TIMES OF MADISON.

On the same point we have the declarations,
equally explicit, of the President himself, made on
a subsequent occasion when the question arose, in
what light the proclamation was to be presented
in the opening speech to Congress. According to
a contemporary memorandum, made by ]Mi-. Jef
ferson, —
" The President declared he never had an idea
that he could bind Congress against declaring war,
or that any thing contained in his proclamation
could look beyond the fkst day of thek meeting.
His main view was to keep our people in peace.
He apologized for the use of the term ' neutrality '
in his answers [to public addresses], and justified it

racy and vigilant attention to ques
tions of that sort, certain doubts
and queries as to the actual form of
the Proclamation in a constitutional
point of view.
"I have always supposed," he
said, " and stUl conceive, that a
proclamation on the subject could
not properly go beyond a declara
tion of the fact that the United
States were at war or peace, and
an injunction of a suitable conduct
on the citizen. The right to decide
tlie question whether " the duty and
interest" of the United States re
quire war or peace under any given
circumstances, or whether their
" disposition " be towards the one
or the other, seems to be essentially
and exclusively involved in the
right vested in the legislature of
declaring war in time of peace, and
in the President and Senate of mak
ing peace in time of war. Did no
such view present itself in the dis
cussions of the cabinet 1 "

" I am extremely afi-aid that
the President may not be sufS
ciently aware of the snares that
may be laid for his good intentions,
by men whose politics at bottoni
are very different from his own.
An assumption of prerogatives not
clearly found in the Constitutinn,
and having the appearance of being
copied from a monarchical model,
wiU beget animadversions equally
mortifying to him and disadv.in-
tageous to the govemment Wiiilst
animadversions of this sort can lie
plausibly ascribed to the spirit of
party, the force of them may not
be felt. But all his real friends
will be anxious that his pubUc con
duct may bear the strictest scrutiny
of future times, as well as of the
present day ; and all such fiiends
of the Constitution will be doubly
pained at infractions of it under au
spices that may consecrate the evU,
tUl it be incurable."

DELIBERATIONS OF THE CABINET. 327
by having submitted the first of them wherein the
term was used — that to the merchants — to our
consideration, and we had not objected." He re
peated on the folio Aring day, " He had but one
object, — the keeping om- people quiet, till Con
gress should meet."^
The next question, in the series of those sub
mitted to the deliberations of the cabinet, was
whether the expected minister from the French
republic should be received ; and, if received, shaU
it be absolutely, or with qualifications. Colonel
HamUton felt great aversion to receiring, in any
manner whatever, a representative from the French
republic, and had, on previous occasions, started
many doubts and difficulties on the subject ; ^ but he
now reluctantly concurred in the general opinion
of the cabinet, and what he knew to be the fixed
determination of the President, that the new Min
ister should be received. At the same time he
earnestly contended that the reception should be
qualified by a formal declaration, that the govern
ment of the United States reserved for its future
decision the question whether the treaties of 1778,
by which the friendly relations between the two
countries were originally established, and had been
hitherto invariably conducted, should be considered
as stUl in force, and binding on the United States.
This proposition he endeavored to sustain by a long
1 Jefferson's Writings, vol. it. onel Hamilton to Mr. Jay of 9th
pp. 496, 498. April, 1793, in Hist. Am. Eep.,
2 See Jefferson's Writings, vol. vol. v. pp. 226, 227.
IV. pp. 481-484 ; and letter of Col-

328 LIFE AND TIMES OF MADISON.
and elaborate argument, to show that, in conse
quence of the change of government in France,
and other considerations much dwelt on by him,
the United States had a perfect right, if they
thought proper to do so, to renounce the treaties
with France ; and that they ought at least to declare
the operation of those treaties suspended for the
present. How such a proposition and doctrine could be
maintained Avith any decent appearance of reason,
it is difficult to conceive. But the members of the
cabinet having subsequently drawn up their opin
ions in Avriting, Ave have now the opportunity of
calmly reviewing and sitting in judgment upon
them.' Transparent as is the sophistry by Avhich
Colonel Hamilton attempts to disguise the enormity
of a proposition, involving an open breach of na
tional engagements of the most sacred character,
without even the allegation of any departure from
them by the other contracting party, the reader AviU
be yet more startled by the nature and complexion
of the motives avoAved for entering on so ungen
erous and unmanly a policy. The apprehension
of incurring the " resentment " of England and her
associates in the war, and of " being treated by
them as enemies," if Ave allowed the once proud
monuments of om- friendly connection with France
to stand, was openly assigned as a justifiable reason
for the renunciation of treaties consecrated by the
1 See the opinion of Colonel HamUton in HamUton's Works, vol. it.
pp. 362-381.

OPINION OF MR. JEFFEESON. 329
noblest recollections of national chivalry, magna
nimity, and honor ! And all this was to be done
under the pretext of preserving our neutrality and
peace with the powers at Avar ; as if so gross an act
of perfidy towards France would not necessarily
make us the declared enemies of that power and
involve us in Avar with her ! To avoid the remotest
possible risk of collision Avith England and her
allies, Ave Avere to plunge, by an act of national
pusillanimity and dishonor, into the certainty of a
war Avith France.
The " opinion " of Mr. Jefferson, in answer to
the proposition and argument of'Colonel Hamilton,
was a bold, manly, and eloquent appeal to the prin
ciples of common sense, the obligations of national
honor and good faith, and the unsophisticated
maxims alike of public law and of an elevated
and enlightened public policy. The fundamental
sophism of Colonel Hamilton, with regard to the
effect of a change of government in France, he met
by the simple statement, " that the treaties betAveen
the United States and France were not treaties be
tween the United States and Louis Capet, but
between the two nations of America and France ;
and the nations reraaining in existence, though both
of them have since changed thek forms of gov
ernment, the treaties are not annulled by these
changes." To Colonel Hamilton's arguments of fear, founded
on the supposed danger of our being draAvn into the
war by the guarantee of the French West-India

330 LUFE AND TIMES OF MADISON.
islands, contained in one of the treaties, he thus
replied : —
" Is the danger apprehended, that, the treaties
remaining valid, the clause containing the guar
antee of the French West-India islands will engage
us in the Avarl But does the guarantee engage
us to enter into the war in any event? Are we
to enter into it before Ave are called upon by our
allies'? Have we been called on by them'? Can
they call on us before their islands are invaded or
imminently threatened'? If they can save them
selves, have they any right to call on us 1 Are we
obliged to go to war at once, without trying peace
able negotiations with thek enemy'? If all these
questions are ansAvered against us, there are others
behind." And as to the singular expedient of
avoiding the mere, and most remote, possibility
of war on one side, by incurring the certainty of it
on the other, he said, " If, in withholding a compU
ance with any part of the treaties, we do it without
just cause or compensation, we give to France a
cause of war, and so become associated in it on the
other side. An injured friend is the bitterest of
foes ; and France has not discovered either timidity
or overmuch forbearance on the late occasions. Is
this the position we Avish to take for our constitu
ents ? ' Is it certainly not the one they would take
for themselves 1 "
1 The poignancy of this allusion October, 1792), on the threatening
must have been felt by Colonel aspect of our affairs with Spain, a
Hamilton. In a deUberation of the memorandum of which was made
cabinet only six months before {31st by Mr. Jefferson at the time, Colo-

DECISION OF THE PRESIDENT. 331
On taking the sense of the cabinet on the prop
osition of Colonel HamUton, he and his colleague.
General Knox, secretary of war, Avere in favor of
it, — Mr. Jefferson and the attorney-general, Mr.
Edraund Randolph, against it. The unswerving
sentiments of justice and honor of the President
rallied him, without hesitation, to the side of the
latter ; and feeling that the national honor Avas in
some degree compromised by having even enter
tained such a question for discussion, he suggested
that it would be well that nothing should be said
of it.' But suppression of what had taken place
was plainly impossible, from the deep interest that
had been felt and manifested on both sides. Mr.
Jefferson, in his unreserved intercourse with
Mr. Madison, made a very brief and general allu
sion to it, without mention of names, in a letter of
the 28th of April, 1793. "Would you suppose it
possible," he said, " that it should have been seri
ously proposed to declare our treaties with France
nel Hamilton openly avowed that period, is contained in a confidential
a favorite object of his policy was a letter of the 19th of May, 1793, from
defensive treaty of alliance with Mr. Jefferson to Mr. Madison. "In
England ; and one of the induce- short, my dear sir," he says, " it is
ments which he supposed would be impossible for you to conceive what
most influential with her to enter is passing in our conclave. It is
into such a treaty, was, that we evident that one or tvvo at least,
ehould flrst break our connec- under pretence of avoiding war on
tions with France. The President the one side, have no great repug-
promprty negatived the suggestion, nance to run foul ofit on the other,
by saying that the remedy would and to make a part in the confed-
b6 worse than the disease. — See eracy of princes against human Ub-
Jefferson's Writings, vol. iv. pp. erty."
473, 474. A further allusion to the l See Jefferson's Writings, vol.
strong bent of Colonel Hamilton's iv. p. 484.
inclinations and politics, at this

332 LIFE AND TIMES OF MADISON.
void, on the authority of an Ul-understood scrap
from Vattel, and that it should be necessary to dis
cuss it '? "
Mr. Madison, in his answer of the Sth of May,
thus expressed himself : " Peace is, no doubt, to
be preserved at any price that honor and good faith
will permit. But the least departure from these
wUl not only be most likely to end in the .loss of
peace, but is pregnant with every other evil that
could happen to us. In explaining our engage
ments under the treaty with France, it would be
honorable, as well as just, to adhere to the sense
that Avould at the time have been put upon them.
The attempt to shuffle off the treaty altogether, by
quibbles on Vattel, is equaUy contemptible for the
meanness and folly of it. If a change of govern
ment is an absolution from public engagements,
why not from those of a domestic as well as foreign
nature ; and what then becomes of public debts,
&c. ? In fact, the doctrine Avould perpetuate every
existing despotism, by involving, in a reform of the
government, a destruction of the social pact, an an
nihilation of property, and a complete establishment
of the state of nature. What most surprises me
is, that such a proposition should have been dis
cussed." At length the Minister, Monsiem- Genet, whose
expected arrival had given rise to these grave ques
tions of international obligation and policy, was an
nounced as having arrived at Charleston, S.C, on
the Sth day of AprU. He was received there with

WELCOME TO THE FRENCH MINISTER. 333
great demonstrations of enthusiasm on the part
both of the people and of the public authorities ;
and his subsequent progress through the States of
North Carolina and Vkginia was marked by the
sarae manifestations of a general and cordial sym
pathy for the cause of his country. Even ui the
old and quiet town of Fredericksburg, as he passed
through Virginia, we learn, from a letter of Mr.
Madison of contemporary date,' that " a public
dinner was intended for him ; but he passed with
such rapidity that the compliment miscarried." On
his arrival in Philadelphia, the 16th of May, the
citizens determined to give him a public reception
of cordial and affectionate welcome. The day
before, an address had been presented by the mer
chants of Philadelphia to the President, in appro
bation of the so-called proclamation of neutrality.
" The citizens," said Mr. Jefferson, in a letter of
the 19th of May, to Mr. Madison, " determined to
address Genet. Rittenhouse, Hutcheson, Dallas,
Sargeant, &c., were at the head of it. Though a
select body of only thirty Avas 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
counter-address [to that of the merchants]."^
Nothing could evince more strikingly thau these
spontaneous and unusual manifestations of public
sympathy, offered to a foreign Minister by citizens

1 Manuscript letter to Mr. Jef- HamUton to diminish the import-
ferson, of 27th May, 1793. ance of this demonstration, in Ham-
2 See a feeble attempt of Colonel ilton's Works, vol. iv. p. 664.

334 LIFE AND TIMES OF MADISON.
of evei-A" class, embracing Arith the mass of the
people men distinguished by thek moral and in
teUectual pre-eminence, that the unlucky language
of the proclamation of the 22d of April, in enjoin
ing a cold impartiality betAveen the poAvers at Avar,
was not iu harmony Arith the genuine sentiments
of the American mind. We are told, indeed, by a
distinguished authoritA', whose well-knoAvn leaning
was altogether the other Avay, that, when the news
of the declaration of Avar between England and
France reached the L'nited States, " a great ma
jority of the American people deemed it criminal
to remain unconcerned spectators of a conffict be
tween thek ancient enemy and republican France.
The feeUng on this occasion was almost universal.
Men of aU parties partook of it."' Mr. Madison,
in all his correspondence of the period immediately
succeeding the appearance of the proclamation,
speaks to the same effect of the prevaUing senti
ment of the country, and of the unhappy impres
sion produced upon it by the language of that
instrument. In a letter ofthe 19th of June, 1793,
addi-essed, from his counti-y residence in Vkginia,
to Mr. Jefferson, and repeating in substance the con
tents of a preAious letter of the 13th of the month,
he says : —
" Every gazette I see (except that of the ' United
States') exhibits the spirit of criticism on the AngU-
fied complexion charged on the executive politics.
I regret exceedingly the position into which the
1 MarshaU's Life of Washington, vol. ii. p. 256.

UNBECOMING CONDUCT OF THE MINISTER. 335
President has been throAvn. The unpopular cause
of Anglomany is openly laying claim to him. His
enemies, masking themselves under the popular
cause of France, are playing off the most tremen
dous batteries on him. The proclamation Avas ki
ti-uth a most unfortunate error. It wounds the
national honor, by seeming to disregard the stipu
lated duties to France. It wounds the popular
feelings, by a seeming indifference to the cause of
Uberty. And it seems to A'iolate the form and spirit
of the Constitution, by making the executive magis-
ti-ate the organ of the ' disposition,' ' the dut)',' and
' the interest ' of the nation in relation to Avar and
peace, — subjects appropriated to other departments
of the government."
Such were the prevaUing sentiments of the
American people towards the French Minister
and the cause of his country, when he entered
upon his representative functions at PhUadelphia.
But, after the lapse of a few months, his indis
cretions, his intemperate zeal, his disregard of the
proprieties of official intercourse, had become so
offensive as wholly to forfeit the good feeling which
had been manifested toAvards himself, and in no
small degree the national sympathy for the inter
ests with which he Avas charged ; though his gov
ernment, when appealed to, promptly disavowed
and made amends for his unseemly conduct. What
rendered the unbecoming procedure of M. Genet,
in his intercourse with the government of the
United States, the more difficult to explain as weU

336 LIFE AND TIMES OF MADISON.
as to excuse, was that he was the very chUd of
diplomatic and court ti-aditions. His father had
heen jjremier commis of the department of foreign
affaks, under the administi-ation of the celebrated
Duke de Choiseul ; he himself was introduced into
the department at a A'ery early age, as an assistant
to his father ; he was soon sent fii-st secretary of
embassy Arith Count Segur to St. Petersburg ; and
he enjoyed the special favor and kindness of the
queen, Marie Antoinette, whose most intimate
friend and confidante his sister, Madame Campan,
was. Having afterwards had a misunderstanding
vrith the king's minister, Montmorin, when he was
left in charge of the embassy at St. Petersburg by
the retkement of Count Segur, he gave himself up
to the torrent of revolutionary passions ; and a
temper, ardent by nature, degenerated into impetu
osity and violence.
His ffi-st interriew Arith the govemment, after his
arrival at PhUadelphia, was every thing that could
be desked. ^L-. Jefferson, in a letter of the 19th
of May, 1793, to Mi-. Madison, gave the foUoAring
account of what passed on the occasion of his pre
sentation : —
" Monsieur Genet presented his letters of cre
dence yesterday. It is impossible for any thkig to
be more affectionate, more magnanimous, than the
purport of his mission. ' 'S'N^e know that, under
present ckcumstances, we have a right to caU
upon you for the guarantee of our islands ; but we
do not deske it. We vrish you to do nothing but

LIBERAL SPIRIT OF FRANCE. 337
what is for your own good ; and we avUI do aU in
our poAver to promote it. Cherish your own peace
and prosperity. You have expressed a wUlingness
to enter into a more liberal treaty of coramerce
Arith us. I bring fuU powers (and he produced
them) to form such a treaty, and a preliminary
decree of the National Convention to lay open our
country and .its colonies to you for every purpose
of utUity, Avithout your participating in the bur
thens of maintaining and defending them. We see
in you the only persons on earth who can love us
sincerely, and merit to be so loved.'"
The same cordial and liberal sentiments were
publicly repeated by him a day or two afterwards
in his ansAver to the address of the citizens of PhU
adelphia; and, thus becoming generaUy knoAvn,
confirmed the people of the United States in thek
ardent feelings of sympathy and friendship for his
counti-y. A further and practical illustration of the
liberal spkit of his mission was given in the formal
communication of the decree of the National Con
vention of the 19th of February, 1793, above re
ferred to. By that decree, aU the ports of the
French colonies were opened to the vessels of
the United States ; and American vessels, import
ing or exporting produce of any kind to or from
France or any of her colonies, were to pay no
other or higher duties on thek cargoes than the
vessels of France herself paid on theks : and aU
the resti-ictions which had, at any time theretofore,
been imposed by acts of the French government on
VOL. III. 22

338 LIFE AND TIMES OF MADISON.
any branch of the trade or enterprise of the United
States, were suspended.'
The first occasion of diplomatic discussion be
tween Monsieur Genet and the American govern
ment was furnished by a letter which the secretary
of State had addressed to his predecessor, M. Ter-
naut, on the 15th of May, the day before the arrival
of M. Genet in Philadelphia. That letter commu
nicated several memorials of the British Minister,
complaining of certain acts aUeged to have been
committed by French agents, or under the auspices
of the French government, within the jurisdiction
of the United States, together with the determina
tions formed upon them by the executive authority
of the United States. These complaints referred to
the buying of arms and mUitary accoutrements in
the United States, for the use of France ; the con
demnation of prizes of war by the French consul
at Charleston ; the fitting out and commissioning
of French privateers in the same port, manned in
part with American citizens ; and the capture of a
British vessel, the " Grange," by the French frigate
" L'Embuscade," in the bay of Delaware and within
the territorial limits of the United States.
The French Minister was informed that the fkst
complaint was held to be unfounded in principle,
the sale of arms and munitions of war being per
mitted to neutrals by the law of nations, when the
Uberty to buy is enjoyed alike by both belligerents ;
1 See this decree, with the com- mitting it, in Waite's State Papers,
munication of the Minister trans- vol. i. pp. 67-69.

DIPLOMATIC DISCUSSIONS. 339
that the condemnation of prizes, by an officer of
a foreign poAver, within the limits of the United
States, was considered as a usurpation, which, if
it had happened or should happen in any instance
under the control of the French Minister, it Avas
not doubted he would take effectual measures to
redress; that the fitting out of privateers — "the
arming of men and vessels Avithin our territory,
to Avage Avar with nations Avith Avhom Ave are at
peace" — is deemed AvhoUy inadraissible, and not
to be imputed, without conclusive proof, to a
friendly poAver Uke France ; and that the partici
pation of citizens of the United States in hostilities
against any of the poAvers at Avar, would be viewed
with the liighest disapprobation and visited with
condign punishment by the authorities of the
United States ; and, finally, that the capture of
the British ship, the " Grange," " was made unques
tionably Avithin the jurisdiction of the United States ;
and that, according to the rules of neutrality and
the protection due to all persons while Avithin their
Umits, the government of the United States is
bound to see that the creAV of the captured vessel
be liberated, and that the vessel and cargo be re
stored to their former owners."
The French Minister, M. Genet, in his ansAver
of the 27th of May, expressed his satisfaction at
the decision of the executive on the ffi-st topic of
complaint presented by the Minister of England ;
with regard to the second, he promised a correction
of any kregularity of the French consuls in assum-

340 LIFE AND TIMES OF MADISON,
ing a jurisdiction not ceded by the treaties and laws
of the United States ; and, in relation to the captm-e
of the British ship, the " Grange," in the waters of
the Delaware, he informed the secretary that he
had ordered the restoration of the prize, though of
considerable value, in compliance with the Arishes
of the President, and as a mark of " deference and
friendship for the American government." On the
subject of the thkd groimd of complaint aUeged by
the British Minister, he stated, —
"It is certain that several vessels have been
armed at Charleston ; that they have received from
me comraissions of the republic, agreeable to the
forms I have had the honor to communicate to
you ; and that these vessels, despatched to sea Arith
great celerity, have made many prizes, have con
demned to inaction, by the terror they have spread
among the English, almost all the sailors and ves
sels of that nation which were in the ports of the
United States, and by their success have very sen
sibly raised the freight of American vessels. I
grant that this must be displeasing to Mr. Ham
mond, to his court, and to his friends. But that is
not the matter in question. . . . The vessels armed
at Charleston belong to French citizens ; they are
coramanded or manned by French citizens, or by
Americans who, at the moment they entered the
service of France in order to defend thek brothers
and thek friends, knew only the treaties and laws
of the United States, no article of which imposes
on them the painful injunction of abandoning us in

PERSISTENCE OF M. GENET. 341
the midst of the dangers which surround us." He
concluded by expressing the hope, that, upon the
representation now made, " the Federal govemment
Avould return from the ffi-st impressions which the
reports of the Minister of England appear to have
made on it."
On the 5th of June, Mr. Jefferson wrote to SI.
Genet, and informed him that the President, " after
mature consultation and deUberation," adhered to
the opinion, that " the arming and equipping vessels
in the ports of the United States, to cruise against
nations Arith whom they are at peace, is incompati
ble Asdth the territorial sovereignty of the United
States ; that it made them insti-umental to the
annoyance of those nations, and thereby tended to
compromit thek peace ; . . . that it is the right of
every nation to prohibit acts of sovereigntj" from
being exercised by any other Arithin its limits, and
the duty of a neuti-al nation to prohibit such as
would injure one of the warring powers ; that the
granting mUitarv commissions within the United
States, by any other authority than thek own, is an
infringement on their sovereignty, and particularly
so when granted to thek OAvn.citizens to lead them
to commit acts contrary to the duties they owe thek
OAvn country."
NotArithstandin? the solemn and formaUv an-
nounced determination of the executive, Monsieur
Genet continued to fit out in the ports of the
United States, and to commission in the name of
the French repubUc, privateers to cruise against the

342 LIFE AND TIMES OF MADISON.
commerce of her enemies. Two vessels of that
description, the " Citoyen Genet" and the "Sans Cu
lottes," had been commissioned by him at Charles
ton previous to the 5th of June, — the date of the
secretary's letter announcing to him the final deter
mination of the President ; and after that time he
commissioned five others, all bearing significant
naraes of the French revolutionary era, — " Le Vain
queur de la BastUe," the "Anti-George," the " Car
magnole," the " Republican," and the " Petit Demo
crat." AU the efforts of the government and its
officers to detain these vessels, and to prevent them
from leaving port to commit acts of hostUitj' on
powers Arith which the United States were at peace,
were eluded or set at defiance by SL. Genet ; and in
the case of the " Petit Democrat," which had been
armed and equipped in the port of PhUadelphia,
under the very eye of the government, the vessel
was sent to sea by dkect orders from M. Genet him
self, against the express remonstrance and request
of the President, communicated to him by the
secretary of State.'
1 Judge MarshaU has so related to the conduct of the secretary of
the circumstances connected "with State marks painfully the party,
the sailing of the " Little Demo- if not personal, bias under which
erat," as to produce the impression, the learned Judge wrote ; and van-
that Mr. Jefferson in some degree ishes wholly before the facts, that
connived at it, and by so doing the secretary of State had in person
incurred the indignant displeasure put the papers relating to the sub-
of the President, from which he ject into the hands ofthe President;
shrank " by retiring indisposed to that his habitual residence was then
his seat in the country." — Life of in the country, to which he always
Washington, vol. ii. pp. 271-273. " retired " after the business ofhis
The invidious coloring here given office for the day was closed ; that

M. GENET'S RECALL REQUESTED. 343
The patience of the govemment was at length
exhausted by the freaks of this froward and tm-bu-
lent representative of the French republic, and it
was determined to ask his recall. The secretary
of State, on the 16th of August, 1793, addressed a
letter to Mr. Gouverneur Morris, American INIinister
at Paris, in Avhich he revioAved, at great length and
vrith singular abUity, aU the questions which had
arisen in the discussions between M. Genet and
hiraself; and reciting, without passion or exaggera
tion, the language and conduct of the former, drew
a clear Une of distinction between the weU-known
dispositions and intentions of the French govern
ment and the proceedings of its Minister. This
communication was directed to be laid before the
Executive CouncU of France ; with a request, in
frank and courteous ternis, that " they would hasten
to replace an agent whose dispositions are such a
misrepresentation of theks, and whose continuance
here is inconsistent with order, peace, respect, and
he attended the meeting of the what he knows was felt by many
cabinet on the following day, and of the most enlightened and im-
maintained and justified "the opin- partial contemporaries ofthe trans-
ion " he had given in opposition to action — liis conviction of the iu
that of the secretary of the treasury justice done to the character and
and secretary of war ; and that the conduct of Mr. Jefferson by the
President afterwards, when fully ap- statement referred to. For a more
prised of all the circumstances ofthe detailed examination ofthe ques-
case, deliberately and officiaUy sane- tion, see Tucker's Life of Jefferson,
tioned the wiser and more prudent vol. i. pp. 431—433 ; and Randall's
counsels of the secretary of State. Biography, vol. ii. pp. 161-172.
It does not fall within the province See also the spirited and free-spo
of this work to discuss the details ken " opinion " of Mr. Jefferson,
of this question. The author, how- together with those of Messrs.
ever, for the sake of truth and fair- Hamilton and Knox, in HamUton's
ness, cannot forbear to record — Works, vol. iv. pp. 438-448.

344 LIFE AND TIMES OF MADISON.
that friendly correspondence which, we hope, AvUl
ever subsist between the two nations." This appli
cation was promptly acceded to by the authorities
of the French republic ; and was soon followed by
a like courteous request on their part, for the recaU
of the American Minister at Paris, AA'ho had openly
and offensively identified himself with the opposi
tion to the French revolution in every stage of its
progress. Thus ended this ffi-st diploraatic erabroU-
ment in the relations of two nations having, and
mutually feeling, at the time, the strongest motives
to cultivate the most cordial intercourse with each
other. It Avas not by the French Minister alone that the
government of the United States was thwarted and
annoyed in its endeavors to preserve neutrality be
tween the powers at Avar. British cruisers, as weU
as French, were armed and equipped in the ports
of the United States ; and, in open contempt of the
17th article of the treaty of araity and coramerce
Arith France, the privateers of Great Britain came
into the ports of the United States with their prizes,
remained as long as they pleased, and went to sea
again without molestation or hindrance. Some
of these cases were brought to the notice of the
govemment by communications from the French
Minister. In a letter to the secretary of State of
the 25th of June, 1793, he says, " You will observe
by the inclosed reports of the consuls of the repub
lic at Charleston, Baltimore, Philadelphia, and New
York, that many enemy-vessels have been armed

HOSTILITY OF BEITISH GOVEENMENT. 345
there, have entered armed, remained there, and
have gone out from them armed, in contempt of
our treaties ; whilst, in virtue of instructions from
the President of the United States, the French ad
venturers Avho have been able to put themselves
in a state of defence in the ports of thek allies, in
order to go out Avithout danger, and to fulffi other
wise, according to circumstances, the duties of a
citizen against the enemies of the state, are pursued
vrith rigor." These facts are not denied by the
secretary of State, but ascribed, in some of the in
stances, to surprise and want of preparation ; in
others, they could not have happened Avithout the
neglect or connivance of the officers of the customs
charged with this branch of the national police,
under the special supervision of the treasury de
partment.' But what yet raore wounded the pride and roused
the feelings of the American people, whUe it natu
raUy fm-nished to the French Minister a subject of
earnest remonstrance, was the frequent and habitual
violation of the fiag of the United States by British
cruisers, in entering American vessels, and taking
from them French goods and French citizens when
ever found on board of them. The immunity of
neutral vessels from such visitations and seizures
had been consecrated in the treaties of the L'nited
States with France and vrith several other Em-opean
nations, by the formal recognition of the principle,
1 See letters of M. Genet and documents, in Waite's State Papers,
Mr. Jefferson, with accompanying vol. i. pp. 110-114.

346 LIFE AND TIMES OF MADISON.
that free ships make free goods. While France,
therefore, Avas restrained from the seizure of British
goods or subjects in American vessels, she could not
but see, with peculiar indignation, that the fiag of
the United States was no cover to her property or
citizens against the violence and rapacity of her
enemy ; but that it was constantly and recklessly
violated, to her most serious loss, as weU as to
the humiliation of the United States. The French
Minister, in a letter to the secretary of State, of
25th July, 1793, says : —
" I receive daUy new complaints on the insults
which the English are pleased to commit against
the fiag of the United States. . . . On aU the seas,
an audacious pkacy pursues, even in your vessels,
French property, and also that of Americans, Avhen
destined for our ports ; your political rights are
counted for nothing ; in vain do the principles
of neutrality establish that friendly vessels make
friendly goods ; in vain, sir, does the President of
the United States endeavor, by his proclamation, to
reclaim the observation of this maxim. ... It is not
possible for me to paint to you all my sensibility at
this scandal, which tends to the diminution of your
commerce, to the oppression of ours, and to the
debasement and vilification of republics. It is for
the Americans to make known their generous in
dignation at this outrage ; and I must confine
myself to demand of you, a second time, to inform
me of the measures which you have taken, in order
to obtain restitution of the property plundered from

ME. MADISON'S REMONSTRANCE. 347
my fellow-citizens under the protection of your
flag." To this remonstrance Mr. Jefferson replied, that,
whUe the principle recognized by France and the
United States, and also by many other modern
nations, was most conformable to reason and jus
tice, " he believed it was not to be doubted but
that, by the general laAV of nations, the goods of an
eneray found in the vessel of a friend are laAvful
prize;" and, therefore, he should be at a loss on
what ground to make the reclamation urged by the
Minister of France. It is remarkable, that, within
a day or two after Mr. Jefferson's answer to the
French Minister, and without any knowledge of
the nature of that answer, Mr. Madison expressed
the opinion, in a letter of the 29th of June, 1793,
addressed to Mr. Jefferson himself, that the princi
ple oi free ships making free goods was to be con
sidered as already engrafted on the modern laAv of
nations. " I observe," he said, " that our vessels
are frequently and insolently seized and searched
foi- French goods. Is not this complained of by
our OAVU people, as a breach of the modern law of
nations ; and, Avhilst British goods are protected by
the neutrality of our bottoms, will not remonstrances
come from France on the subject 1 " It is shown
also by our diplomatic records, that, about the same
time, the American Minister at London, in his cor
respondence with the British secretary for foreign
affairs. Lord Grenville, claimed the principle of
free ships making free goods as then actuaUy

348

LIFE AND TIMES OF MADISON.

established by general usage, and ti-eated the seizure
of French goods in American bottoms by British
cruisers as a positive " infringement on the neutral
rights of the United States."' Whether then es
tablished by general usage or not, considerations of
reciprocity and a just and enlightened policy should
have impelled the British government to observe
this principle towards the United States, in acknoAAd-
edgment and retm-n of a scrupulous neutrality on
their part, attended with peculiar embarrassments,
aud Avhich the British secretary had the grace to
acknowledge, in words at least, to the American
Minister.^

1 The following was the lan
guage of Mr. Pinckney, in a note
ofthe 28th of August, 1793, to Lord
Grenville : " It is conceived, that,
as commerce has been more diffu
sively cultivated, and its principles
better understood, the law of na
tions relating thereto has received
material improvements since the
publication of the most modern and
most approved writers on that sub
ject ; and that, whatever doubts may
have formerly existed on this point,
the sense of a considerable majority
of the maritime powers of Europe
has, within the last twenty years,
been clearly expressed in favor of
the principle of free ships making
free goods ; which has been mani
fested by their practice in the lat
ter years of the American war, by
the stipulations entered into at that
time, and by their having inserted
the same in their latest treaties." —
See Waite's State Papers, vol. i.
pp. 404. The reasoning of Mr.
Pinckney, and the opimon of Mr.

Madison cited in the text, have
been since fully justified by the for
mal accession of England, and aU
the great powers of Europe, to the
principle contended for; and it is
one of the most encouraging exam
ples in history of the ultimate tri
umph of truth and reason over
force and error, that the most
learned and able vindication of the
principle, against the abusive prac
tice of his government, was made
by a Minister of the British crown,
Sir William Molesworth, in a mem
orable debate in the House of Com
mons, on the 4th of July, 1854.
(See that debate in Appendix to
Lawrence's Wheaton, pp. 643-649.)
England began the practical renun
ciation of her abusive systeni, by
the royal Declaration of the 28th
of March, 1854, at the commence
ment of the war with Russia ; and
its general abandonment was com
pleted by the Congress of Euro
pean powers at Paris in 1866.
2 See Mr. Pinckney's letter to

CONTINUANCE OF BRITISH AGGRESSION. 349
In the midst of this habitual disregard of the
neutral position of the United States, came another
act of British aggression, of the most aggravated
and undisguised character. On the Sth of June,
1793, an order in council was issued, directing His
Majesty's ships of war, and privateers having let
ters of marque against France, to seize and bring
into English ports all vessels laden, wholly or in
part, with corn, fiour, or meal, destined to any port
of France, or port occupied by the armies of France;
and such cargoes were ordered to be sold to the
British government, or to be re-exported to coun
tries in amity with Great Britain. This arbitrary
and uuAvarrantable attack on the lawful coramerce
of neutral powers was in pursuance of the mon
strous design of starving twenty odd miUions of
people into submission, to the despotic powers
of Europe, coalesced against them ; and had been
formally set on foot by a most disreputable treaty,
entered into between Great Britain and Russia on
the 25th of March, 1793.'
Mr. Jefferson, of 5th July, 1793, in trasted with their indignation at the
Waite's State Papers, vol. i. p. 401. British order in council, as a culpa-
1 See the provisions of this ble instance of partiality for France.
treaty in Histoire des Trait€s de (Lifeof Washington, vol. ii.,Appen-
Paix, par Koch et Schoell, vol. iv. dix, p. 16.) In making this remark,
pp. 181-133 ; and referred to also the learned judge seems not to
in Pitkin's History of the United have been aware, that these decrees
States, vol. ii. pp. 395-401. were defensive measures of France
Judge Marshall, referring to- against previous aggressions aimed
certain decrees of the French con- at her through the sides of neutral
vention .unfriendly to neutral com- powers. The decree particularly
merce, speaks of the acquiescence referred to by hira was that of the
of the American people and gov- 9th of May, 1793, by which neutral
ernment under those decrees, con- vessels laden with provisions and

350

LIFE AND TIMES OF MADISON.

Under the order in question, large numbers of
American vessels were arrested on the high seas by

destined to the port of an enemy,
or having on board property of an
enemy, were authorized to be seized
and brought into the ports of
France ; which being anterior to the
British order of Sth of June, he
considered as the commencement of
the measures adopted by the pow
ers at war against the commerce
of neutrals. But this was not the
tiict. The disgraceful treaty be
tween Great Britain and Russia, of
the 25th of March, 1793, referred
to in the text, inaugurated and
first put into operation tlie biir-
barous policy of proscribing the
trade of neutrals in provisions, as
a means of starving France into
submission. It was prefigured
even befbre that time ; for the
American Minister at Paris, writ
ing to Mr. Jefferson on the 13th
February, 1793, said, " The mari
time powers will try to cut off
provisions, and take France by
famine." — Life and Correspondence
of G. Morris, vol. ii. p. 279.
When the decree of the 9tli of
May was communicated by Mon
sieur Genet to the government of
the United States, it was announced
expressly as " a measure rendered
necessary by the detestable tyranny
exercised over neutral nations by
the governments which have forced
France into war ; " and it was ac
corapanied with a positive engage
ment of the convention to with
draw it, "as soon as the powers
with whom France is at war shall
have adopted the same disposition."
(See Waite's State Papers, vol. i.

pp. 417, 418.) The French Minis
ter of foreign affairs himself, in a
letter addressed to the American
Minister at Paris, also declared it
to be " an act of reprisal, and the re
sult of the most imperious circum
stances. It will continue only aa
long as our enemies employ against
us means disapproved by the laws
of humanity and the laws of war."
— See this letter in Life and Cor
respondence of G. Morris, vol. ii.
pp. 365, 366.
The chief-justice seems also to
have given but little heed to the
fact, that the French decree was
twice suspended, so far as respected
the vessels of tlie United States ; or
to the consideration, tliat, even
when left to its unrestricted opera
tion, it was practically innocuous,
from the w.ant of a marine force to
support it. " We shall see in
effect," said Mr. Morris in a letter
of the 22d of September, 1793, lo
Mr. Jefferson, " that this decree can
do very little harm ; because the
fleets of the country are confined
by those of the enemy, and the
privateers by a decree of the con
vention." — Idem, p. 354.
The mitigated, if not apologetic,
tone of the chief-justice, with re
gard to the aggressive measures
of the British government on this
occasion, is refreshingly offset by
the frank and unreserved censure
pronounced upon them by another
historical writer of the sarae politi
cal party. — See Pitkin's Hist, of
the United States, vol. ii. pp. 396-
401.

ARTICLES OF "PACIFICUS." 351
British cruisers, brought into British ports, and both
vessel and cargo vexatiously dealt with, to the
injury, and often ruin, of the fair American trader.
In the rigorous remonstrance of the secretary of
State on the occasion, after clearly setting forth the
wanton and unlawful character of the act, it Avas
described to be " a blow struck at the root of Amer
ican agriculture, — that branch of industry Avhich
gives food, clothing, and comfort to the great mass
of the inhabitants of these States." Added to the
continued outrage of British press-gangs entering on
board of American vessels, and forcibly abducting
American seamen from beneath the fiag of their
country, it caused the people of the United States
to refiect, Avith bitterness of spirit, on the kind of
return which had been made for the anxious efforts
of their government to fulffi, to the extremest letter,
the duties of neutrality towards a nation with whom,
it now appeared, as the French Minister had signifi
cantly Avarned them, "generous proceedings only
lead to new outrages." '
While these questions were pending before the
tribunal of public opinion, Colonel HamUton Avrote a
series of controversial articles for the neAvspapers,
under the title of " Pacificus," beginning in the lat
ter part of June, 1793, and continuing through the
greater part of the month of July. Under the guise
of enforcing a policy of neutrality between the
parties at war, these articles betrayed the strongest
' See letter of M. Genet to in Waite's State Papers, vol. i.
Mr. Jefferson, of 9th July, 1793, p. 126.

352 LIFE AND TIMES OF MADISON.
possible prejudice, if not animosity, against one of
those parties ; and that one the party with Avhich
the United States stood connected in intimate rela
tions by treaty, and the ties of honor and gratitude.
Professing, also, to vindicate the President's procla
mation of the 22d of April, they claimed for the
President, in rirtue of his office, a sweep of execu
tive prerogative contrary to his well-known opinions,
and inconsistent with the principles of a limited
republican constitution.
Doctrines of so novel and dangerous a character
startled Mr. Madison in his retirement. His atten
tion had been called to them by Mr. Jefferson, who
urged him to take up his pen, and give a funda
mental answer to the heresies of "Pacificus;" which
would other-Arise pass without adequate refutation,
and be "taken for confessed." Mr. Madison, in his
ansAver of the 18th of July, 1793, said, "I have
read over the subject you recommended to ray at
tention. It excites equally surprise and indigna
tion, and ought certainly to be taken notice of by
some one who can do it justice. In my present
disposition, which is perfectly alienated from such
things ; and in my present situation, which de
prives me of some material facts and many im
portant lights, — the task would be in bad hands,
k 1 were otherwise better qualified for it. I am in
hopes of finding that some one else has undertaken
it. In the mean time, I wiU feel my own pulse ;
and, if nothing appears, I may possibly try to sup
ply the omission."

REPLY OF "HELVIDIUS." 353
No champion haring appeared in the field in
opposition to these bold heresies of "Pacificus," ren
dered the more dangerous by the acknowledged talent
and ingenuity of the advocate, Mr. Madison at length,
feeling the great importance of the public forming
right views on the subject, undertook the task of re
plying to them. He waited until the whole series of
the articles of "Pacificus" had been completed, the
last number of Avhich did not appear in the Phila
delphia journals until the 27th of July, and did not
reach him, in Virginia, till several days later. In a
letter to Mr. Jefferson, of the 30th of July, he spoke
of the rough sketch he had made of a portion of
his reply, and the disadvantages under which he
labored in preparing it, — " being obliged to pro
ceed in scraps of time, with a distaste to the subject,
and a distressing lassitude from the excessive and
continued heat of the season." The first number of
his reply was sent to Philadelphia on the llth
of August, and the remaining four numbers on the
tAventieth of the month. They were published under
the historical name of " Helvidius," and Avere worthy
of the stern republicanism, and experienced sagacity
and Avisdom, of that great patriot and statesman of
antiquity.' It Avould be impossible, by any analysis,
1 Mr. Madison was probably Helvidius, drawn by the pen of
l6d to the adoption of this name Tacitus, there were many traits
only by his general and hiibitual applicable to himself: " Ingenium
fWmiration of whatever is great and Ulustre altioribus studiis juvenis
noble and elevated in human char- admodum dedit : non ut plerique,
afcter. But he could hardly have ut nomine magniflco segne otium
avoided a consciousness, that, in velant, sed quo flrmior adversus
the following beautiful portrait of fortuita rempublicam capesseret.
VOL. HI. 23

354 LIFE AND TIMES OF MADISON.
to do justice to the clear and cogent logic and ner-
A'ous eloquence of these papers of -'Helridius." To
be properly appreciated, they must be read in fuU,
and studied AA'ith attention, as they deserve to be,
by every inquker into the history or theory of the
Constitution. A contest in the arena of the pubUc press, be
tween two such champions, could not fail to draw
the earnest attention of their contemporaries ; for,
though they engaged with A'isors doAvn, they were
easUy recognized by the superior temper and polish
of thek Aveapons, and the practised skUl Arith which
they were wielded. Sh. Madison embarked in it, as
we have seen, with great reluctance. His habitual
aversion to controversy was, in this instance, in
creased by his knowledge of the particular character
of his adversary. " One thing that particularly vexes
me," he said, in an unreserA'ed letter to a friend, "is,
that I foreknow, from the prolixitj' and pertinacity
of the writer, that the business avUI not be termi
nated by a single ffi-e ; and, of course, that I must
return to the charge in order to prevent a tiiumph
Arithout a rictory." ' HappUy, he was relieved from
this annoyance. " Pacificus " attempted no reply ;
and the apologetic suggestion of one connected Arith
him by the closest relations, that the papers of
" Pacificus," being Avritten amid harassing cares and
. . . E moribus soceri, nihil seque temptor, recti pervicax, constans
ac libertatem hausit. Civis, senator, adversus metus."
maritus, gener, amicus, cunctis i Letter to Mr. Jefferson of SOth
vitse officiis aequabilis, opum con- July, 1793.

NO REJOINDER ATTEMPTED. 355
vexations, may be liable to some " little caA-Us," '
would lead to the conclusion, that, if no reply to
" Helvidius " was attempted, it was from the con
sciousness that none could be successfuUy made.
1 Hist. Am. Eep., vol. v. p. 369.

CHAPTER XLVin.
Mr. Madison passes Congressional Vacation on his Farm in Virginia —
Salutary Influence of Country Life on Minds of Public Men — Predi
lection of General Washington, Mi. Jefferson, and Mr. Madison for
Rural Pursuits — Mr. Madison as a Practical Farmer — Correspon
dence between him and Mr. Jefferson respecting Intention of the Lat
ter to resign Office of Secretary of State — President requests Opinion
of Mr. Madison, in addition to those of Members of the Cabinet, as to
his Power under the Constitution to call Congress together at another
Place than the Established Seat of Government, where a Dangerous
Infection had then broken out — Opinion of Mr. Madison, with that
of Mr. Jefferson and of Colonel HamUton — Meeting of the Third
Congress — Changes in the Composition of the Two Houses — A Re
pubUcan Speaker, Muhlenburg, elected by a Majority of Ten Votes
over his Federal Competitor, Sedgwick — Speech of the President —
Secretary of State sends in his Report on PrivUeges and Restrictions
of Commerce ofthe United States with Foreign Countries — Tliis his
last Official Act — Distinguished Merits and Ability of Mr. Jefferson
in conducting Foreign Intercourse of the Country — Serious and long-
continued Embarrassments to the President from Colonel HamUton's
failing to resign, as he was considered pledged to do, at the Time Mr.
Jefferson did — Report of Late Secretary of State, on Commercial
Relations with Foreign Countries, taken up for Consideration — Mr.
Madison moves a Series of Resolutions for Protecting, by CountervaU-
ing Regulations, Commercial Interests of United States against In
jurious Restrictions of Foreigu Countries, especially those of Great
Britain, the most Injurious and Unjust — Debate upon the Resolu
tions opened by Mr. Smith, of South Carolina, in a very Elaborate
Speech in opposition to them, prepared by Secretary of the Treasury
— Answered by Mr. Madison — Debate becomes General, and marked.

ME. MADISON IN THE COUNTRY. 357
in its Progress, by Great Vehemence and Animation — Eesolutions
opposed by Mr. Ames, Mr. Dexter, Mr. Sedgwick, Mr. Tracy, and
other Representatives of New England ; by Mr. Dayton and Mr. Bou
dinot of New Jersey ; and General Sraith and Mr. Vans Murray of
Maryland — Supported by Mr. Clark of New Jersey ; Mr. Findley and
Mr. Smilie of Pennsylvania ; Mr. Nicholas, Mr. Giles, and Mr. Moore,
of Virginia — Second Speech of Mr. Madison, in which he reviews
and answers the Arguments of aU his Opponents — After Three
Weeks' Discussion, First Eesolution, afSrming the Principle of the
Measures proposed, carried by a Vote of Fifty-one to Forty -six —
Further Consideration of the Subject postponed, to afford Time for
fiiUer Information from England as to the PoUcy and Intentions of
British Government — Letter of Mr. Madison to Mr. Jefferson, giving
an Account of these Proceedings, and' the Angry and Illiberal Party
Spirit they awakened — Personalities of Debate.
During the exciting scenes and events of which
we haA^e given an account in the preceding chapter,
and in Avhich all Europe and America Avere deeply
interested, as spectators or actors, Mr. Madison Avas
engaged in the noiseless pursuits of the country.
Immediately after the adjournment of Congress in
March, he hastened back to his paternal residence
in Vkginia, and entered upon its quiet pleasures
and employments with so much the greater zest,
from the contrast they presented to the scenes of
unremitted anxiety and contention which sur
rounded him in PhUadelphia. It was impossible
for him, at any time, to abstract himself wholly
from objects of pubUc interest ; but the retkement
of the country, and the opportunities it afforded
for restoring and refreshing the faculties by change
of occupation as Avell as rest, enabled him to look
upon those objects, however disturbing, Arith a

358 LIFE AND TIMES OF MADISON.
clearer and more serene vision. The wholesome
influence of country life on the temper and judg
ment of public men has been strikingly described
in a letter of this period, addressed by Edmimd
Burke to a member of the constituent assembly of
France : —
" In England," he says, " we cannot work so
hard as Frenchmen. Frequent relaxation is neces
sary to us. You are naturally more intense in your
application. . . . This continued, unremitted effort
of the members of your assembly, I take to be one
among the causes of the mischief they have done.
They Avho always labor can have no true judg
ment. You never give yourselves time to cool.
You never go into the country to observe the effect
of your measures on their objects. You cannot feel
distinctly how far the people are rendered better
and improved, or more miserable and depraved, by
what you have done. . . . These are among the
effects of unremitted labor, when men exhaust thek
attention, burn out their candles, and are left in the
dark. Malo meorum negligentiam, quam istorum
obscuram diligentiam."
Mr. Madison devoted himself with great earnest
ness, as well as a keen relish, to the tranquil and
ti-anquillizing pursuits of the country; identifying
himself Avith all its famUiar and home-bred interests,
and embarking with zeal, ia every plan for the im
provement of agriculture, its processes, and its
instruments. A few extracts from the unreserved
daUy correspondence between him and Mr. Jeffer-

AGRICULTURAL PURSUITS. 359
son at this period will show the primitive, unadul
terated tastes, and the ancient Roman simplicity
and manliness, which made them, with Washing
ton, the true representatives of the great agricul
tural classes and interests of America.
In his ffi-st letter after his return to Virginia,' he
says, " Our fields continue to anticipate a luxuriant
harvest. The greatest danger is apprehended from
too rapid a vegetation, under the present Avarm
weather. . . . Will you be so good, in case an op
portunity should offer, to inquire of Dr. Logan as to
the ploughs he was to have made and sent to Mrs.
House's for me." In a letter written a foAV weeks
later, ^ he speaks, with the anxiety and minuteness
of a practical farmer, of the unfavorable change
which the intervening period had made in the
prospects of the crops. " Our fine prospects in
the wheat field have been severely injured by the
weather for some time past. The wheat had gotten
safe into the head, and, with tolerable weather,
would have ripened into a most exuberant harvest.
. . . Should the Aveather be ever so favorable hence
forward, a considerable proportion will be lost."
Mr. Jefferson found time, in the midst of his
absorbing diplomatic labors, to execute the commis
sion of his friend, and to indulge his yearnings for
the country in a momentary recurrence to those
scenes of rm-al life from which he was so reluc
tantly separated. In a letter of the 9th of June,
to Mr. Madison, he says, " Your ploughs shaU be
1 12th AprU, 1793. « 13th June, 1793.

360 LIFE AND TIMES OF MADISON.
duly attended to. Have you taken notice of TuU's
horse-hoeing plough'? I am persuaded that it,
Avhere you wish your work to be very exact, and
our great plough, Avhere a less degree of exactness
Avill suffice, leave us nothing to Avish for from other
countries as to ploughs, under our circumstances.
I have not yet received my [Scotch] threshing-
machine. I fear the late long and heavy rains
have extended to us, and affected our wheat."
Mr. Madison acknoAvledged the receipt of this
letter and of his ploughs a week later.' " My
ploughs," he says, " I find have been finished and
foi-Avarded. They are not meant so much as inno
vations here, as models of a proper execution.
One of them is the common bar share ; the other,
a plough preferred in the practice of Dr. Logan.
I have Tull, and have noticed superficially what
you allude to. We are not yet ripe for such nice
Avork. I asked the favor of you to see to the re
payment of the price, and must still rely on yom-
goodness for that purpose. The price wiU be
made known by BUly," — a colored servant Avhom
Mr. Madison took with him a slave from Virginia,
and left in PhUadelphia a freedman; and Avho,from
choice, continued in the service of his original mas
ter, Avhenever the latter was in Philadelphia.^
1 17th June, 1793. his rustic correspondence with Mr.
2 As it may gratify the curiosity Jefferson. After he had made trial
of the reader to see Mr. Madison of his ploughs, he wrote to him:
yet more nearly in the character of " Repeat my thanks to Dr. Logan,
a practical and knowing fanner, if you have an opportunity. The
we annex here one more extract of patent plough is worth looking at.

SOCLIL AJSD HOSPITABLE CHARACTER. 361
These fond allusions to rural life, and its inter
ests and occupations, recur perpetually in all the
letters of the two friends, in the midst of the grav
est discussions on the relations with England and
France, the treaty guarantees of 1778, the procla
mation of neutrality, and the Avar in Europe ; and
of indignant lamentations over the manifesto of the
Duke of Brunswick on the one hand, and the de
fection of General Dumourier ou the other. This
correspondence exhibits also another pleasing fea
ture in the character of Mr. Madison, and of the
country life and habitudes of Virginia. He gave
himself up ever, with a free and congenial spirit, to
the duties of hospitality and the caUs of social in
tercourse and friendship. He had suspended the
numbers of " Helvidius" ki order to comply with a
promise he had made of visits to two of his friends.
Colonel Monroe and Colonel Wilson Cary Nicholas,
residing in the adjoining county of Albemarle ;
and on his return to the seat of his father, after an
absence of ten days, he wrote to Mr. Jefferson, " I
find the house fuU of particular friends, who wUl
stay some Aveeks, and receive and retm-n visits,
frora which I cannot decently exclude myself."
if you should visit his farm. You the coalter, which is detached, to
will see your theory of a mould- the point of the share, it will, I
board more nearly realized than in think, be nearly complete. I pur-
any other instance ; and with the pose to have one so constructed.
advantage of having the iron wing The detached form may answer
(which, in common bar shares as in best in old, clean ground ; but wiU
great, lies useless under the wood) not stand the shocks of our rough
turned up into the sweep of the and rooty land, especiaUy in the
board, and reUeving it from the hands of our ploughmen." — 30th
brunt of the friction. By fixing July, 1793.

362 LIFE AND TIMES OF MADISON.
This neAV but welcome interruption prevented him
from continuing, as he had intended to do, the
examination of the doctrines of " Pacificus " on two
subordinate questions, which, however, was not
essential to the completion of his general plan, or
to the main object of the discussion.
We are tempted to pursue yet further the private
and unreserved correspondence of these tAvo distin
guished statesmen, for the inner and authentic view
it gives of the motives and causes of the retkement,
which was soon to take place, of one of them, from
the vexatious cares of public office. It had been the
original intention of Mr. Jefferson to lay doAvn
the office of secretary of State at the expkation of
the first Presidential term of General Washington,
and he had accordingly apprised General Washing
ton of that intention. But, by the eamest remon
strances and entreaties of his political friends, he
was induced to delay the execution of his purpose,
which Avas then adjourned to the ensuing summer
or autumn.' In the mean time he had Avritten to
Europe for skUful workmen, to assist in executing
certain architectural improvements at Monticello,
reserved for the period of his retirement. On hear
ing of their engagement, he wrote to Mr. Madison,
from PhUadelphia, on the 12th of May, 1793 : "I
have just heard that the workmen I had desired
from Europe were engaged, and about to embark, —
another strong motive for making me uneasy here."
' See letter of Mr. Jefferson to his daughter, Mrs. Martha Randolph,
26th January, 1793.

MR. JEFFERSON DETERMINES TO RESIGN. 363
This intiraation excited Mr. Madison's apprehen
sion lest Mr. Jefferson, in his yearnings for retire
ment and the peaceful pursuits of private life, might
precipitately lay doAvn his office ; and, on the 27th
of May, he Avrote to him : "I feel for your situation;
but you must bear it. Every consideration, private
as Avell as public, requires a further sacrifice of your
longings for the repose of Monticello. You must
not make your final exit from public life till it wUl
be marked with justifying ckcumstances which aU
good citizens will respect, and to which yom- friends
can appeal."
To this letter j\Ir. Jefferson replied on the 9th of
June. Admitting, without reserve, the obligations
of public service which every citizen OAves to his
country and his friends, he revicAved the sacrifices
of ease and inclination he had already made for the
public cause ; and insisted that those sacrifices sat
isfied to the full the obligations due from a good
citizen to his country, and that he Avas uoav at lib
erty to consult his personal feelings alone. " These,"
he said, " lead me to seek for happiness in the lap
'and love of my family ; in the society of my neigh
bors and ray books ; in the Avholesome occupations
of my farm and my affaks ; in an interest or affec
tion 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 an ac
count to myself alone of my hours and actions.
" What must be the principle of that calculation,
which should balance against these the ckcum-

364 LIFE AND TIMES OF MADISON.
stances of my present existence, — worn down with
labors from moming to night and day to day ; know
ing them as fruitless to others as they are vexatious
to myself; committed singly, in desperate and eternal
contest, against a host Avho are systematically under
mining the public liberty and prosperity ; the rare
hours of relaxation sacrificed to the society of per
sons in the same intentions, of Avhose hatred I am
conscious, even in those moments of conviviality,
when the heart Avishes most to open itself to the
effusions of friendship and confidence ; cut off from
my family and friends ; my affairs abandoned to
chaos and derangement ; in short, giving every thing
I love in exchange for every thing I hate '? ... In
deed, my dear friend, duty being out of the question,
inclination cuts off all argument ; and so never let
there be more between you and me on this subject."
Mr. Madison had too much respect and sympathy
for the feelings of his friend, and recognized too
sensibly the force of this Advid portraiture of them,
to press him further. On the 31st of July, 1793,
Mr. Jefferson addressed a letter to the President,
informing him of his intention to resign the office
of secretary of State at the close of the month of
Septeraber ; and adding assurances that " no man
Uving more sincerely wishes that yom- administra
tion could be rendered as pleasant to yourself as it
is useful and necessary to your country, nor feels
for you a more rational or cordial attachment and
respect than I do." According to a memorandum
made by Mr. Jefferson at the time, and since pub-

MR. JEFFEESON'S MEMOEANDUM. 365
lished with his writings,' the President caUed upon
him, a few days afterwards, at his house in the
ricinity of Philadelphia, and expressed an earnest
desire that he would retain his place in the cabinet
till the close of the year, if no longer. The whole
of the President's conversation showed that he, at
least, appreciated the full value of Mr. Jefferson's
experience and abilities to the country, and the
importance of his continued co-operation in the la
bors of the administration. To an appeal so fiat
tering and imposing, Mr. Jefferson yielded so far as
to consent to postpone his resignation to the last
day of December.
In writing to Mr. Madison, on the llth of Au
gust, Mr. Jefferson communicated to him, in strict
confidence, a copy of the memorandum of what had
passed between him and the President, "to be kept
sacredly to yourself, unless you have an opportunity
of communicating it to Monroe." This paper was
received, through a private conveyance, while Mr.
Madison was on his visit to Colonel Monroe, and
was of course made knoAvn to him. The answer
of Mr. Madison, and the sentiments of himself and
Colonel Monroe, give an interesting insight into the
secret political history of the times.
" Monroe and myself," he said, "read Avith atten
tion yom- despatch by D. M. R. [David Meade
Randolph], and had much conversation on what
passed between you and the President. It appeared
to both of us, that a real anxiety Avas marked to
1 See Jefferson's Writings, vol. iv. pp. 492-495.

366 LIFE AND TIMES OF MADISON.
retain you in office ; that, over and above other
motives, it was felt that your presence and implied
sanction might be a necessary shield against certain
criticisms from certain quarters ; that the departure
of the only counseUor possessing the confidence of
the Republicans, would be a signal for new, and
perhaps very disagreeable, attacks ; that, in this
point of view, the respectful and conciliatory lan
guage of the President is worthy of particular atten
tion ; and that it affords a better hope than has
existed of your being able to command attention,
and to moderate the predominant tone.
" We agreed in opinion also, that, whilst this end
is pursued, it would be wise to make as few con
cessions as possible that might embarrass the free
pursuit of measures which may be dictated by
republican principles and required by the public
good. In a Avord, we think you ought to make the
most of the value we perceive to be placed on yom-
•participation in the executive councils. I am ex
tremely glad to find that you wUl remain another
quarter. The season will be more apropos in sev
eral respects ; and it will prevent any co-operation,
which a successor might be disposed to make,
towards a final breach with France. I have little
hope that you will have one whose policy will
have the same healing tendency with yours. . . .
Monroe is particularly solicitous that you should
take the view of your present position and opportu
nities suggested above."'
1 Letter to Mr. Jefferson of 2d September, 1793.

OCCUERENCE OF A DELICATE QUESTION. 367
Two or three weeks after the date of this corre
spondence, Mr. Jefferson retumed to Virginia, and
enjoyed a temporary respite from the cares and
labors of his office, previously to his final withdrawal
from it at the close of the year. The yelloAv fever
had broken out in Philadelphia about the ffi-st of
September. The President was already at Mount
Vei-non ; and the increasing violence of the pest
drove away almost all the officers of the govern
ment, with the greater part of the population of the
city. The occurrence of this formidable contagion,
and the apprehension of its continuance down to
the period fixed for the re-assembling of Congress,
presented a question of great delicacy for the con
sideration of the President. By the Constitution,
he was invested with the power of " convening
Congress on extraordinary ' occasions." But did
this poAver include that of convening them at a dif
ferent place from that established by law as the
place of their meeting and the seat of government?'
Desirous, as far as he had the poAver of doing so, to
avoid exposing the members of Congress and the
officers of the government to the danger of the ter
rific infection prevaUing in Philadelphia, he wrote,
from Mount Vernon, to the several members of the
cabinet, asking thek opinions on this doubtful point
of constitutional construction.
Mr. Jefferson was of opinion, that " the only ck
cumstance the President can alter is that of time,
by calling them at an earlier day than that to which
they stand adjourned ; but no power to change the

368 LUFE AND TIMES OF MADISON.
place is given." Colonel Hamilton, on the other
hand, thought that the President's power extends
to place as well as time ; there being no restrictive
words as to either in the clause conferring the
poAver. His only doubt Avas whether the President
could change the place, without anticipating the
time of meeting, Avhich in the present instance was
not proposed to be done. Our motive, however,
for referring to this subject, is not to enter into any
discussion of the correctness of the opinions given,
but to notice the neAV and signal evidence, which
the occasion brought forth, of the confidence reposed
by the President in Mr. Madison, and the deep
respect felt for his opinions, notwithstanding the
well-known opposition of political principles and
views between him and the secretary of the treasury,
that had been recently and so publicly manifested.
On the very day that the President wrote to
Colonel Hamilton for his official opinion on the le
gaUty and propriety of convening Congress at some
other place than Philadelphia, and three days after
he had Avritten to the secretary of State for his opin
ion, he applied to Mr. Madison, in a spirit of per
sonal and unreserved confidence, independent of
and superior to any official tie, for his counsel and
advice on the same delicate topic. " What, then,
do you think," he said in his letter to Mr. Madison,
" is the most adA'isable course for me to pursue in
the present exigency \ Summon Congress to raeet,
at a certain time and place, in their legislative
capacity'? Simply state facts, and say that I wUl

THE PRESIDENT CONSULTS MR. MADISON. 369
meet the members at the time and place mentioned
for ulterior arrangements'? Or leave matters as
they are, if there is no power in the executive to
alter the place legaUy "? " He carried this fiattering
and ingenuous confidence one step further. " I
would even," he said, " ask more. I would thank
you, not being acquainted myself with forms, to
sketch some instrument for publication, adapted
to the course you may think it most expedient
for me to pursue in the present state of things,
if the raembers are caUed together, as before men
tioned." '
Mr. Madison, appreciating with becoming sensi
bility so peculiar and distinguished a mark of con
fidence on the part of the President, lost not a
moment in responding to it. He gave his opinion,
that the President's power of " convening Congress
on extraordinary occasions " implies no authority to
change the place of meeting, " the obvious import
of the terms being satisfied by referring them to the
time only ; " and that as great jealousy had been
discovered, in the formation of the Constitution, in
every thing connected with the residence of the
general government, the well-known existence of
that jealousy forbade the supposition that it could
have been intended to intrust any single department
of the government with a controlling power over
the subject. He therefore adrised that the Presi
dent should simply make known the obstacles that
existed to the meeting of Congress in the city of
1 See this letter in Sparks's Washington, vol. x. pp. 379-381.
VOL. 111. 24

370 LIFE AND TIMES OF MADISON.
PhUadelphia, and recommend to the members to
assemble, on a given' day, at some other place,
where he Avould himself be ready to meet them;
and, in further compliance with the President's
wishes, he communicated to him at the same time
what appeared a suitable form for such a notifica
tion. Happily, the rapid abatement of the infection
rendered it unnecessary, in the end, for the Presi
dent to take any action on the subject. He and the
heads of department, Avith the subordinate officers
of government, Avho had been sojourning in the
neighboring village of Germantown for the month
previous, returned to the city of Philadelphia in
time to meet Congress there on their usual day of
assembling. On that day, — the first Monday in
December, and the second day of the month, — a
sufficient number of members were present to form
a quorum of each House. Besides the interesting
state of public affairs, the election to be made of a
neAV presiding officer for the House of Representa
tives, which was looked to with solicitude as a trial
of strength between the two political parties in the
new Congress, created a special induceraent for
the punctual attendance of members. The total
number of representatives, which in the last Con
gress was sixty-nine, was now increased, under the
operation of the census, to one hundred and five,
who, it was supposed, would more truly refiect the
national sentiment. Mr. Muhlenburg, the candidate
of the Republican party for the chak, was elected

OPENING SPEECH OF THE PRESIDENT.

371

over Mr. Sedgwick, the Federal candidate, by a
majority of ten votes.'
On the 3d day of December, the opening speech
of the President Avas delivered before the two
Houses assembled in the Senate chamber. It re-
vicAved, in general terms, the questions affecting the

1 In the new House of Repre
sentatives, Virginia had nineteen
members, — -flve more than Massa-
clmsetts, the next highest at that
time in population and represent
ative numbers, — a circurastance
which concurred with other causes
to render Virginia a special object
of jealousy to the Eastern States.
In the catalogue of her new mera
bers was Jolm Nicholas, who took
a distinguished rank, among the
representatives of the State, in the
political struggles from that time to
the close of Mr. Adams's adminis
tration. In the new arrangement
of the congressional districts of the
State, Mr. Madison's old district
was broken up and divided ; and
he was succeeded, in the severed
portion of it, by Colonel Francis
Walker, of Albemarle. John Tay
lor, of Caroline, had been elected
to the Senate of the United States
the year before, in the place of
Richard Henry Lee, resigned ; and
was now, with Mr. Monroe, a mem
ber of that body from Virginia.
Among the new representatives
frora olher States, were Samuel
Dexter and General Dearborn of
Massachusetts, Uriah Tracy of
Connecticut, General Samuel
Smith of Maryland, and General
Andrew Pickens of South Caro
lina.

In this Congress, also, Albert
Gallatin made his first appearance
on the national theatre, as senator
elect from the State of Pennsylva
nia. His election was contested, on
the ground that he had not been
nine years a citizen of the United
States, as required by the Consti
tution ; and on that ground his
election was, by a vote of the Sen
ate on the 28th of February, 1794,
declared void. His brief appear
ance in the Senate, however, was
the occasion of an important reform
in the rules of that body, whieh
had long been sought in vain. Its
habit of conducting all its proceed
ings with closed doors had given
great and just offence to the repub
lican sentiment of the country ; but
every effort to change it had hith
erto failed. On the llth of Febru
ary, 1794, the Senate resolved to
throw open its doors during the dis
cussion on the contested election of
Mr. Gallatin. This broke the spell
of deliberations in conclave ; and a
few days afterwards, on the 20th of
the same month, a general resolu
tion was adopted by the Senate,
that, after the end of the present
annual session, its proceedings in
its legislative capacity should be
with open doors ; unless in special
cases, which, in the judgment of
the body, should require secrecy.

372 LUFE AND TIMES OF MADISON.
United States, which had arisen out of the war in
Europe ; explained the system of conduct which
had been adopted and pursued toAvards the belli
gerents ; and presented the proclamation of the 22d
of AprU as " a declaration of the existing legal state
of things" intended to admonish our citizens against
acts hostile to any of the parties, and thereby to
secure from those parties a more scrupulous observ
ance of the immunities belonging to our position as
a neutral power. This frank and unequivocal con
struction, given to the proclamation by the President
himself, protected it from all criticism.' Mr. Madi
son, as usual, was the chairman of the committee
of the House of Representatives to prepare the ad
dress, which was cordially responsive to the speech,
and was unanimously adopted by the House as re
ported from the committee.
On the 5th day of December, the President sent
a written message to the two Houses, referring
specially to our relations with France and Great
Britain, and accompanied by copies of the corre
spondence that had taken place between the secre
tary of State and the ministers of those tAvo nations
respectively. The relations Avith Spain, which
seemed to be more immediately approaching the
crisis of a definitive rupture, were reserved for a
1 In notes made by the Presi- mation, was embodied in almost
dent for his speech (which see in the very words ultimately used, —
HamUton's Works, vol. iv. p. 482), " to inform the United States of the
the fundamental idea, from which actual state of things, as they stood
he never departed, as to the true between them and the powers at
character and purport of the procla- war."

EEPORT OF SECRETARY OF STATE. 373
separate and confidential communication, which
was made to both Houses on the 16th of the month.
The representatives of the nation were thus placed
in full possession of all the inforraation, respecting
the political relations of the United States with
Europe, necessary to enlighten and guide their de
liberations, at a moment when those relations had
assumed a most interesting character, and involved
questions of the highest national iraportance.
In addition to these communications from the
President, the secretary of State, on the 19th of
December, laid before the House of" Representa
tives a report prepared by him, in obedience to a
call of the Plouse, on the commercial relations of
the United States with the different powers of Eu
rope. This call had been made more than two
years ago, — soon after a communication from the
President, showing the abortive result of his efforts
to induce the British government " to enter into
arrangements, by mutual consent, Avhich might fix
the commerce of the two nations on principles of
reciprocal advantage."' This communication, when
received, was referred to a committee of the House,
of which Mr. Madison Avas a member ; and their
report Avas, on the 23d of February, 1791, referred
to the secretary of State, Avho was directed " to re
port to Congress the nature and extent of the priv
Ueges and restrictions of the commercial intercourse
of the United States with foreign nations, and such
measures as he shall think proper to be adopted
1 See Annals of Congress (1789-1791), p. 2015.

374 LIFE AND TIMES OF MADISON.
for the improvement of the commerce and nari-
gation of the United States." The arrival of the
British Minister in the autumn of that year, with
other circumstances which encouraged the hope of
some favorable change, by negotiation or otherwise,
in the dispositions of the British government, led to
the Avithholding of the report, by the advice of the
House, until the present time.'
The report presents a general and succinct view
of the commerce of the United States with those
nations with which they then had the chief inter
course, — Great Britain, France, Spain, the United
Netherlands, Sweden, and Denmark, and their
American possessions ; the objects which entered
mainly into the commerce with each ; and the
degree of favor or disfavor with which the produc
tions and navigation of the United States- Avere
treated by each, whether in their home or colonial
trade. The secretary declares the true policy and
wish of the United States to be a liberal and un
shackled trade with all the world, freely exchang
ing with other nations mutual surpluses for mutual
wants. " But," he adds, " should any nation, con
trary to our wishes, suppose it may better find its
advantage by continuing its system of prohibitions,
duties, and regulations, it behooves us to protect om-
citizens, their commerce, and navigation by counter
prohibitions, duties, and regulations also. Free
commerce and narigation are not to be given in
1 See Jefferson's Writings, vol. m. p. 210 ; and Annals of Congress
(1791-1793), p. 885.

REPORT OF SECRETARY OF STATE. 375
exchange for restrictions and vexations ; nor are
they likely to produce a relaxation of them."
He then proposes, as leading corrective measures,
that where other nations impose high duties on our
productions, or prohibit them altogether, we should
do the same by theks ; where they refuse to receive
in our vessels any productions but our own, Ave
should refuse to receive in theirs any but thek
own ; and Avhere they refuse to our vessels the
carriage, even of our own productions, to certain
countries under thek domination, we should refuse
to theirs the carriage from our ports of the same
productions to the same countries. Of the sug
gested remedies, the last two, as we have seen,
had been actually brought forward in Congress by
Mr» Madison more than two years before.' By the
operation of some of the Uliberal principles thus
' See ante, chap. xli. pp. 133- sition on the subject, most ably and
138; see also chap, xxxvii. pp. fully developed, was brought for-
20-29. Mr. Randall, the intelligent ward by him in Congress, as we
biographer of Mr. Jefferson (see have seen (ante, chap, xxxvii. pp.
Life of Jefferson, vol. ii. p. 214), 20-29), in the spriug of 1789, whUe
thinks that, though Mr. Madison Mr. Jefferson was yet residing in
was the first pubUc proposer and France as Minister of the United
charapion of the policy of retalia- States, and whoUy occupied with
tion against foreign nations irapos- other duties. Mr. Madison was
ing unjust restrictions on the com- the real leader, not only in this pol-
merce of the United States, the icy, but in the opposition to the
policy itself originated with Mr. funding and assumption systems of
Jefferson, and was by him, proba- Colonel Hamilton ; of the latter of
bly, suggested to Mr. Madison. which Mr. Jefferson was, according
This hypothesis, besides the mis- to his own frank avowal, at first
concepUon it involves of the char- made the dupe. — See Mr. Jeffer-
acter of Mr. Madison as an original son's statement (4th volurae of his
and independent thinker, is contra- Writings, pp. 447-449), referred to
dieted by the simple chronology of ante, chap. XL. pp. 113, 114.
events. Mr. Madison's first propo-

376 LUFE AND TIMES OF MADISON.
proposed to be counteracted, " Great Britain alone,"
the secretary said, " has already lost us, in our
commerce with that country and its possessions,
betAveen eight and nine hundred vessels of near
forty thousand tons burden, according to state
ments from official materials in Avhicli they have
confidence. This involves a proportional loss of
seamen, shipwrights, and shipbuUding ; and is too
serious a loss to admit forbearance of some effectual
remedy." The report concludes with the foUoAving sum
mary view of the dispositions manifested by the
different powers to enter into fair reciprocal ar
rangements with the United States : " France has, of
her oAvn accord, proposed negotiations for improv
ing by a new treaty, on fair and equal principles,. the
commercial relations of the two countries. But her
kiternal disturbances have hitherto prevented the
prosecution of them to effect, though we have had
repeated assurances of a continuance of the dispo
sition. Proposals of friendly arrangement have
been made, on our part, by the present governraent
to that of Great Britain, as the message states ; but
being on as good a footing in laAv, and better in
fact than the most faA'ored nations, they have not
yet discovered any disposition to have it meddled
with. We have no reason to conclude that friendly
arrangements Avould be declined by the other na
tions, with Avhom we have such commercial inter
course as may render them desirable."
This report, Avith a supplement to it sent to the

EESIGNATION OF ME. JEFFEESON. 377
House of Representatives on the 30th day of De
cember, was the last official act, of any importance,
of Mr. Jefferson as secretary of State. On the fol
lowing day, the 31st of the month, he formally
resigned into the hands of the President the office,
the duties of which he had fulfilled Avith such dis
tinguished ability for the last four years. The
President, in accepting his resignation, Avhich he
did Avith deep regret, rendered the warmest testi
mony to the integrity and talents so eminently dis
played by him in his office ; declaring that " the
high opinion of these, which had dictated his
original nomination, had been confirmed by the
fuUest experience," and adding " the most earnest
prayers for his happiness in the retirement on
which he Avas about to enter."
The AvithdraAval of Mr. Jefferson from the official
position he held, supposing it to be justified by the
circumstances and considerations which led to it,
was nevertheless an event deeply to be deplored.
He had inaugurated our foreign intercourse, under
the new government, Avith a high-bred courtesy and
bienseance, so essential to its delicate relations,
which he had acquired in the highest school of
diplomacy abroad ; and the more arduous and
complicated business of his office was discharged
by hira Avith a varied and accomplished abiUty, of
Avhich the traces avUI ever remain conspicuous, not
only in the archives of the department, but in the
public history of the country and the times. Dur
ing his occupancy of the department, questions of

378 LUFE AND TIMES OF MADISON.
the gravest and most difficult character, threatening
the peace and iuvolAong the honor of the nation,
arose Avith the three greatest powers of Em-ope,
England, France, and Spain ; and the elaborate dis
cussions into which he was draAvn Avith all of them
at the same time, besides the unsiu-passed learning,
eloquence, and ability they display, are monuraents
of an industry, application, and capacity of labor
which are truly marvellous.'
The retirement of so able and faithfiU an officer
was not only an absolute loss to the public service,
but a source of embarrassment to the President in
fiuding a competent successor, greatly enhanced by
the circumstance of Colonel Hamilton's stUl holding
on to the office of secretary of the treasury, which
he had notified his intention of resigning, but at a
later period. The peculiar embarrassment arising
from this circumstance, the President frankly stated
in a free and unreserved conversation held with
Mr. Jefferson at the time. " Your and Colonel
Hamilton's going out at times so different," said he,
" increases the difficulty ; for, if the President had
both places to fill at once, he might consult both
the particular talents and geographical situation of
our successors." ^ At the time when the divisions
in the cabinet between Colonel HamUton and Mr.
Jefferson ffi-st assumed a serious and distm-bing
1 Mr. Jefferson informed the 2 gee memorandum of a con-
author of this work, that he labored versation with the President, re-
fourteen hours a day during the corded at the time of its occurrence
greater part of the time he was by Mr. Jefferson. Jefferson's Writ-
secretary of State. ings, vol. iv. pp. 492-495.

EEMEDY FOE SCHISM IN THE CABINET. 379
character, the former wrote to the President, that,
if a reconcUiation could not be effected, " he did
not hesitate to say, that, in his opinion, the period
was not remote when the public good wiU require
substitutes for the differing members of your admin
istration."' This was evidently the remedy, pre
scribed equally by considerations of delicacy toAvards
the President and of regard to the public interest,
for a schism which was exerting a most baleful in
fluence on the administration of public affairs.
Mr. Jefferson opened the way for the application
of this remedy by the resignation of his office ; and,
if Colonel Hamilton had promptly followed the ex
ample, the President' would have had but little diffi
culty in finding able and suitable persons, having
regard alike to personal qualifications and geograph
ical position, to fill both vacancies. Chancellor
Livingston, of Ncav York, Avho had been secretary
for foreign affairs under the confederation, and
Governor Johnson of Maryland, supposed to be
specially fitted to the treasury department, and
both of them men of the highest public consid
eration, ¦ would in that case have been probably
selected to fill the two vacant offices, according to
their respective and peculiar qualifications. But,
while Colonel Hamilton remained in the cabinet, it
Avas impossible to introduce into it another distin
guished citizen of New York.^ This difficulty was
' Colonel Hamilton's letter to 2 ^3 learn from a manuscript
the President, 9th September, 1792. letter of Mr. Jefferson to Mr. Madi-
— Sparks's Wasliington, vol. x. p. son of 2d November, 1793, that,
515. from the obstacle to Mr. Liv-

380

LIFE AND TIMES OF MADISON.

sorely felt by the President, and insisted upon as an
insuperable obstacle to a desirable arrangement in
the conversation with Mr. Jefferson to which we
have already referred. It ultimately drove him to
an unfortunate selection for the office of secretary
of State ; Avhich, there is every reason to believe,
would not have been thought of, if a wider and
more unshackled choice had been left open to him
by the opportunity of filling, at the same time, the
offices of State and treasury.'

ingston's appointment, the office of
secretary of State was ofiered to
Governor Johnson ; but he declined
it, as he did on a future occasion,
aUeging his want of the special
qualifications necessary for that of
fice. 1 Mr. Jefferson has been most
gratuitously accused of "foisting
Mr. Randolph into the high office
of secretary of State." — Hist. Am.
Rep., vol. V. p. 441. His whole
correspondence of this period
shows, on the contrary, how much
he deprecated the selection. A
mere suggestion to assign the du
ties of the office, "par inl€r'im," to
the attorney-general, in order to af
ford the President more time to
make a suitable appointraent, was
certainly a very different thing
from recommending him as the
permanent incumbent. The sug
gestion, too, was accompanied with
remarks which plainly showed Mr.
Jefferson's opinion of the unfitness
of Mr. Randolph for the office.
(See memorandum of his conver
sation with the President.) In his
unreserved correspondence with

Mr. Madison, he repeatedly speaks
of the radical defects of Mr. Ran
dolph's constitution of mind, as
wholly unfitting him for high offi
cial station. In a letter of the 12th
of May, 1793, he says, " He is the
most indecisive person I ever had
to do business with. He always
contrives to agree in principle with
one party, but in conclusion with
the other."
In another letter to Mr. Madi
son, ofthe llth August, 1793, after
he had announced to the President
his definitive resolution to with
draw from the office of secretary
of State, and when various persons
were brought under review for the
succession, he gives the following
graphic picture of Mr. Randolph's
inflrmities of character : " I can,
by this confldential conveyance,
speak more freely of Randolph.
He is the poorest chameleon I ever
saw, having no color of his own,
and reflecting that nearest him.
When he is with me, he is a whig;
when with Hamilton, a tory ; when
with the President, he is what he
thinks will please him. The last

COURSE OF COLONEL HAMILTON. 381
In a dispassionate review of these events, it may
weU be asked if a just sense of his position, of deli
cacy Avith regard both to himself and the President,
as well as the satisfaction and repose of the public
mind, did not require of Colonel HamUton his with-
draAval from the cabinet at the time when his more
magnanimous rival withdrew. He himself for a
time seems to have thought so ; for not only in his
letter ofthe 9th of September, 1792, did he use the
emphatic language Ave have already cited, but again
kl a letter of the 21st of June, 1793, he tells the
President, " Considerations, relative to the public
interest and my own delicacy, have brought me,
after mature reflection, to a resolution to resign." '
Should not his resignation, then, have been contem
poraneous with that of Mr. Jefferson 1 For thus
only could the President have been set free from
his embarrassments, and have enjoyed an entire
is his strongest hue, though the of them and a portion of the other
second tinges him very strongly. have been already given to the
The first is what, I think, he would public (of the first in Randall's
prefer in his heart, if he were in Jefferson, vol. ii. pp. 130, 131 ; and
the woods where he could see no- of the second in Tucker's, vol. i.
body, or in a society of all whigs. pp. 446, 447), we have thought it
. . . He has really sorae good pri- proper to give fuller and more ac-
vate qualities ; but he is in a sta- curate citations of them from the
tion infinitely too important for his original manuscript letters ; espe-
understanding, his firmness, and ciaUy as, in doing so, the lights, as
his circumsfances." well as the shades, of the picture
It is with reluctance and regret are preserved.
that we have given these extracts l Though Colonel Hamilton au-
from the correspondence of Mr. nounced to the President his reso-
Jefferson with Mr. Madison, relat- lution to resign, and fixed a period
ing to one who seems to have pos- for doing so, he postponed his resig-
sessed many amiable personal nation from tirae to time, untU more
qualities ; but as they are essential than a year elapsed from Mr. Jeffer-
to the truth of history, and as one son's resignation to his own.

382

LIFE AND TIMES OF MADISON.

liberty of action and command of the talents of the
countrv in the reconstruction of his cabinet, ac
cording to his own views of policy and the exi
gencies of the situation. In contemplating the
obstacles throAvu in the way of the President, and
the cruel mortifications which floAved from them,
directly or indkectly, at a future period of his
administration, as we shall hereafter see,' history
will demand an account of the motives which inter
posed these obstacles ; and, if selfishness or ambi
tion or party interests shall appear to have mingled
with them, its inexorable verdict wiU be pronounced

accordingly.® 1 Post, chap. LI. pp. 485-490;
and chap. m. pp. 534-539.
'¦^ A writer, exceedingly well-
informed, in general, as to the
transactions of this period, and
withal a just and candid apprecia
tor of character, rather intimates
a censure of Mr. Madison for not
taking the office of secretary of
State, after Mr. Jefferson resigned
it. (Randall's Life, of Jefferson,
vol. II. pp. 246, 247.) The truth
is, that the President, properly ap
preciating the obstacles to Mr.
Madison's acceptance, did not pro
pose the appointment to him. He
said to Mr. Jefferson, that " Mr.
Madison would be his first choice ;
but that he had always expressed
to him such a decision against pub
lic office, that he could not expect
he would undertake it." Mr.
Madison, when apprised of this
declaration of the President, wrote
to Mr. .Jefferson, " I am glad the
President rightly infers my deter

mination frora antecedent circum
stances, so as to free me from
imputations iu his mind connected
with the present state of things.''
— Letter of 2d September, 1793.
Mr. JIadison considered that
his peculiar sphere of usefulness
and dutj', in contributing to aid and
gi ve a right direction to the early
operations of the govemment, was
in the House of Representatives ;
and, under that conviction, he had
not only eschewed all cabinet ap
pointments, but declined a most
tempting offer of the French mis
sion, which, Mr. Jefferson informs
us, " was kept open for him by the
President a twelvemonth after his
own return.'' — Jefferson's AVrit
ings, vol. IV. p. 502. But if Mr.
Madison could have been induced
to abandon what he conceived to
be his appropriate vocation in the
House of Representatives, where
his services were certainly not less
important at this time than at any

PROTECTION OF AMERICAN COMMERCE. 383
The report of the secretary of State, on the privi
leges and restrictions of the commerce of the United
States in foreign countries, was, when receiA'ed,
referred to the consideration of the House in Com
mittee of the Whole. On the 3d day of January,
1794, it was takeii up for consideration, Avhen Mr.
Madison offered a series of resolutions, proposing
additional duties on the manufactures and shipping
of countries having no commercial treaty with the
United States ; and also a specific retaliation of aU
restrictions, according to the nature of those restric
tions in each particular case, imposed by foreign
governments on the narigation and trade of the
United States. In introducing these resolutions, he
reminded the House, that one of the chief objects
which had led to the establishment of the Consti-
antecedent period, it was plainly they could not agree, to the high
impossible for him to have gone umpirage of the President. If there
into the cabinet, Colonel Hamilton ever was an executive magistrate
being stUl a, meraber, without re- qualified, by his cool and serene
newing those pernicious, as well as judgment, by his disinterested pub-
painful, internal conflicts which lie spirit, and by his elevated per-
had led to Mr. Jefferson's retire- sonal character, to fill the illustrious
ment frora it. role of a patriot ruler, to be the
On the other hand, had Colonel arbiter of the political dissensions
Hamilton withdrawn when Mr. of his countrymen, without taking
Jefferson did, and it had been still part in thera , — to be, in truth, the
the wish of the President, as it head of the nation, and not the
doubtless was, to maintain a bal- chief of a party, -^ it was Washing-
ance of parties in his cabinet, we ton ; and such, unquestionably, was
can see no reason, in that case, why the conception of his position which
such able and courteous exponents he was most ardently anxious to
of the opposing systems as King of fulfil. But to every practicable
New York, and Madison of Vir- combination for still pursuing and
ginia, for example, should not have acting upon it after the resignation
met eaeh other in araicable discus- of Mr. Jefferson, the continuance
sion at the council-board, and sub- of Colonel Harailton in the cabinet
mitted their differing views, when was an insuperable barrier.

384 LIFE AOT) TIMES OF MADISON.
tution was to vest in the general government the
power of regulating commerce, with a riew to en
force reciprocity of ti-eatment from foreign govern
ments. The time was now come, he said, AA'heu
the exercise of this power, " with moderation, ffi-m-
ness, and decision," Avas called for. " It was in the
power of the United States, by exerting thek natu
ral rights, without violating the rights or even equit
able pretensions of other nations, — by doing no more
thau most nations do for the protection of thek in
terests, and much less than some, — to cause their
rights and thek interests to be properly respected."
After some conversation as to the proper time
for entering on the discussion of these propositions,
the fm-ther consideration of them was postponed
to the 13th of January. On that day, Mr. Smith,
of South Carolina, entered the lists against them
with an elaborate, astute, and highly mUitant and
aggressive argument, which attracted the more atten
tion, as being suspected at the time to emanate from
the secretary of the treasury, by whom it is now
known to have been carefiUly prepared, Mr. Smith
being merely his spokesman.' In this speech the
1 The biographer of Colonel from the internal evidence alone,
Hamilton says that " this elaborate " Every tittle of it is HamUton's,
perforraance was frora the pen of except the introduction. There is
HamUton, as appears from his au- scarcely any thing there which I
tograph draft ; and that the fact have not heard from him in our
was subsequently avowed by the various private, though official, dis
member himself to whom it was eussions. The very turn of the
intrusted." — See Hist. Am. Eep., arguments is the same ; and others
vol. V. p. 450. Mr. Jefferson, when wUl see, as weU as myself, that the
the speech reached liim in his re- style is HamUton's." — Letter to
tireraent at MonticeUo, pronounced, Mr. Madison, 3d April, 1794.

OPPOSITION TO MR. MADISON'S RESOLUTIONS. 385
report of the secretary of State Avas freely assailed ;
the accuracy of its statements impugned ; and the
ground boldly assumed, not only in opposition to
the report, but to the message of the President him
self, that the commercial system of Great Britain
towards the United States was even more favorable
than that of France. This startling proposition was
attempted to be maintained by taking for the epoch
of comparison a period antecedent to the French
revolution, and also by waking up from the statute
roll of England some obsolete relics of her ancient
legislation in favor of American trade whUe the
United States were her colonies, and which, being
wholly inoperative, it had never been thought neces
sary formally to repeal.
But the author of the speech, however ingen
iously he labored this point, evidently placed no
reliance on it. The stress of his opposition to the
resolutions was in the apprehension he sought to
inculcate, that thek adoption would certainly lead
to a war, either of arms or of further commercial
restrictions, with England. The former, he thought,
was by no means improbable. " A dkect and im
mediate war between us," he said, " would not be
surprising; but, if this should not be the case,
mutual Ul offices and kritations, which naturaUy
grow out of such a state of things, would be apt
quickly to lead to it. It may be asked, are we to
sit with folded arms, and tamely submit to aU
oppressions, exclusions, and restrictions to which
our trade is subject 1 If not, what are we to do ?
VOL. III. 25

386 LIFE AND TIMES OF MADISON.
I ansAver, nothing, certainly, at the present junc
ture." He added, " I answer, further, that we
ought, Avith great caution, to attempt any thing,
at a future day, until we have acquired a maturity
which will enable us to act with greater effect, and
to brave the consequences, even if they should
amount to war ; and until we have secured more
adequate means of intemal supply." A policy of
tamer acquiescence or more passive submission
could not have been recommended if America had
stUl been in a condition of colonial dependence.'
On the foUoAving day, contrary to what had been
expected, no disposition being manifested by the
opponents of the resolutions to engage in the dis
cussion at that time, Mr. Madison rose, and, with
great calmness and dignity, exposed some of the
fallacies of the speech which had been delivered
the day before. He began by presenting, in a fcAV
pregnant Avords, the manifestly unequal and injuri
ous footing of the commercial intercourse betAveen
Great Britain and the United States.
" On the subject of navigation," he observed,
" we were prohibited by the British laws from car
rying to Great Britain the produce of other coun
tries from their ports, or our own produce from the
ports of other countries, or the produce of other
countries from our own ports, or to send our oavu
produce from our oavu or other ports in the vessels
of other countries. . . . On the other hand, the laws
1 See this remarkable speech in Annals of Congress (1793-1795),
pp. 174-209.

MR. MADISON'S REPLY. 387
of the United States allowed Great Britain to bring:
into their ports any thing she might please from
her own or from other ports, or in her oAAm or
other vessels. In the trade betAveen the United
States and the British West Indies, the A'essels of
the former Avere under an absolute prohibition ;
while British vessels in that trade enjoyed all the
privileges granted to other, even the most favored
nations, in their trade with us. The inequality in
this case was the more striking, as it Avas evident
that the West Indies were dependent on the United
States for the supplies essential to them, and that
the circumstances which secured to the United
States this advantage enabled thek vessels to trans
port the supplies on far better terms than could be
done by the British vessels."
He proceeded, next, to notice the state of the
ti-ade between the two countries in the exchange of
their respective productions. " We consume," he
said, " British manufactures to double the amount
of Avhat Britain takes from us, and quadruple the
amount of what she actually consumes. We take
every thing after it has undergone all the profitable
labor that can be bestoAved upon it ; she receiA'es
iu retum raw materials, the food of her industry.
We send necessaries to her ; she sends superfiui-
ties to us. We admit every thing she pleases to
send us, Avhether of her oavu or alien production ;
slie refuses not only our manufactures, but the
articles Ave Avish most to send her, — our wheat and
flour, our flsh and our salted prorisions. These

388 LIFE AND TIMES OF MADISON.
constitute our best staples for exportation, as her
manufactures do hers."
In answer to the allegations contained in the
speech pronounced by Mr. Smith, with regard to
the coraraercial treatment of the United States by
Great Britain and France respectively, after repeat
ing the statement of the President's message, —
" that France had generally manifested a friendly
disposition towards the United States, had granted
advantages to their commerce,, and made overtm-es
for placing it permanently on a better footing," —
he entered into a speciflc detaU of the actual regu
lations of the tAVO countries, and showed that manv
of the most important productions of the United
States — wheat, flour, rice, salted provisions, fish,
whale-oU, naval stores — Avere admitted into France
either free or at extreraely light duties, while in
Great Britain they were prohibited, or subject to
duties virtually prohibitory. He pointed out, in
the nature of the commerce between the United
States and Great Britain, — in her double depend
ence on the United States as customers for her
manufactures, and as furnishers of raw materials
for her industry and of the means of subsistence for
a portioii of her dominions, — the utter improba
bility of any resort, on her part, which would in
volve a serious interruption of that commerce.
As to the apprehension of a war, resulting from
the adoption of the resolutions under consideration,
he said, —
" Of all the objections he had heard against the

DANGER OP WAE CONSIDERED. 389
resolutions, the most extravagant and chimerical
was the idea of a war with Great Britain in conse
quence of them. He was at a loss to say whether
such an objection was a greater insult to the char
acter of that nation, or to the understanding of
America. At the utmost, the propositions go only
to a reciprocity. They do not in fact go so far.
On what imaginable pretext, then, can Great Brit
ain make a war upon US'? If we are no longer
colonies, but independent States, we surely can do
what all independent States do, — regulate our
trade as suits our interests ; and Great Britain can
have the least right of any nation to complain of
it, because it is her own example which we follow.
If war, therefore, should be made upon us, it avUI
prove a predetermination to make it ; and, in that
case, pretexts more plausible than any commercial
regulations could easily be found or framed for the
purpose."' 1 In the further progress of the other power. What could Great
debate, this objection to the resolu- Britain gain by a contest ? Would
tions was again brought forward by war employ her starving manu-
Mr. Dexter of Massachusetts, when facturers ¦? Would war furnish pro-
Mr. Madison made the following visions to her West-India islands,
animated reply : — which, in that case, must also
" He wondered how gentlemen starve 1 Would war give employ-
could suppose that war was in- ment to the vessels that had for-
volved in the proposition on the merly imported luxuries to Amer-
table. Did they suppose Great ica? Were Great Britain to de-
Britain to be so unwise or so unjust clare war, he could give no name
as to declare a war ? Every con- equal to her folly. She would
sideration of interest must prevent plunge ten times deeper into the
it. He hoped we did not now de- difficulties she wanted to avoid ;
Uberate as a colony, but as an in- and every counter-regulation would
dependent people, whose measures be a stroke against herself."
were not to be dictated by any

390 LIFE AND TIMES OF MADISON.
He referred to the bill introduced by Mr. Pitt,
soon after the close of the Avar of the Revolution,
for putting the trade Avith the United States on a
footing of reciprocity, as evidence of the corrective
efficacy of the raeasures noAV proposed. The bill
Avas brought forward under an apprehension, that
the LTnited States, after the achieveraent of their
independence, would adopt a policy of counter
action, if Great Britain persisted in her system of
restrictions on the trade of America. But Lord
Sheffield and others having satisfied the Minister,
that, from the want of any central authority at
that time in the United States to regulate com
merce, and from the impossibility of concert in the
separate action of the States, no such retaliatory
policy Avas to be apprehended, he at once Avith-
droAV his bill, and nothing was done. " Noav,"
said Mr. Madison, " that the general government
is arraed Avith full poAver for the regulation of
commerce, if Ave shrink from the exercise of that
poAver as an equitable and peaceable means of ob
taining justice, it must convey the most unfavorable
impressions of our national character, and rivet the
fetters on our commerce, as Avell as prolong other
causes Avhich had already produced such injurious
consequences to the country."
The debate on the resolutions uoav became gen
eral, and enlisted the leading talents of the House
on both sides. They were warmly opposed by Mr.
Ames, Mr. Dexter, Mr. Goodhue, and Mr. Sedg
wick, of Massachusetts ; Mr. Tracy, Mr. Hillhouse,

CONTmU ATION OF THE DEBATE. 391
and Mr. Wadsworth, of Connecticut; Mr. Day
ton and Mr. Boudinot, of New Jersey ; General
Smith and Mr. Vans Murray, of Maryland. Be
sides Mr. Madison, his coUeagues, Mr. Nicholas,
Mr. GUes, and Mr. Moore; Mr. Findley and Mr.
Smilie of Pennsylvania ; and Mr. Abraham Clark,
the Nestor of the Ncav- Jersey delegation, — rallied
Avith vigor and earnestness to their support. As
the discussion advanced, it became more and more
animated, and embraced a wider and yet wider
range of topics, involving not merely the commer
cial but the political relations of the United States
with the two principal powers of Europe, Great
Britain and France. In the very outset of the
debate, Mr. Ames expressed the opinion, notwith
standing the many evidences which had been given
to the contrary, that Great Britain was actuated
by an "amicable disposition" towards the United
States ; and more than once ealled on gentlemen
for a statement of the " specific grievances " on
which their accusations against her were founded.'
To this challenge Mr. Giles replied, by alleging
that Great Britain had committed hostilities against
the lawful commerce of the United States, under
wholly unwarrantable pretexts.
" She has seized," he said, " our vessels on the
high seas, and prevented them from conveying to
our friend and ally goods not contraband of war,
and compelled them to make sales to herself or her
allies. She has forced them to deviate from thek
1 See Annals of Congress (1793-1795), pp. 226, 274, 310.

392 LIFE AND TIMES OF MADISON.
voyages ; and, to thek great hazard and loss, de
tained them for trial on frivolous pretences. . . .
She has been the instrument of letting loose the
pkates of the Barbary States upon our citizens and
trade. This fact, hoAvever doubted upon the first
report, is placed beyond question by the late conduct
of Portugal toAvards our vessels in her ports. Are
these facts denied'? If not, do they not operate
dkectly and specifically upon our commerce '? Is it
not astonishing, after all these facts are known, and
often repeated, that gentlemen should be heard to
inquire Avhat injuries have we received from Great
Britain, and to infer that the United States are
equally favored Avith other nations'?"
To this list of grievances, Mr. Clark, who had
been a member of the old Congress, and a signer
of the Declaration of Independence, and had been
for many years, therefore, a witness of the injustice
of the British government, added, with epigram
matic brevity, other Avrongs of a more ancient date,
but of a not less unAvarrantable character.
" We had many Avrongs," he said, " to complain
of, and we should endeavor to obtain redress for
them all. The English have violated the treaty
of peace, just after it was made, by taking aAvay
our negroes, and, since, by holding our posts.
They have set the savages on our backs ; and have
they not now let loose the Algerines upon US'?
But it is asked, hoAv can we help om-selves. They
AvUl retaliate, we are told. How retaliate] AViU
they refuse to seU us their manufactures] He

ARGUMENTS OF ME. MADISON'S OPPONENTS. 393
remembered that, even in old times, a non-importa
tion agreement made them repeal the Starap Act.
We have surely now, as Avell as then, a right not
to buy their goods. . . . We then gained our point.
S\e should uoav be much more powerful with the
same Aveapon."
As the facts on which this specification of inju
ries was founded Avere too notorious to be denied,
Avhatever attempts Avere made to palliate them, the
opponents of the resolutions shifted their ground,
and contended that for such injuries the resolutions
proposed Avere too feeble and spiritless a remedy.
We should seek redress first by negotiation ; and,
if that failed, Avar Avas the only honorable and ade
quate resort. " I Avould," said Mr. Tracy, " nego
tiate as long and as far as patience ought to go ;
and, if I found an obstinate denial of justice, I
would then lay the hand of force upon the West
ern posts, and teach the world that the United
States Avere no less prompt in commanding justice
to be done them, than they had been patient and
honorable in attempting to obtain it by fair and
peaceable means. In this view, I should be led to
say. Away Avith your milk-and-water resolutions :
they are too trifiing to effect objects of such impor
tance." Mr. Dayton, indulging in the same vein,
sai4, " The injuries we have received from Great
Britain have been painted in very strong colors ;
and, Avhen a remedy is proposed, it turns out to
be only a set of regulations on paper. If we really
labor under Avrongs, something more effectual than

394 LIFE AND TIMES OF MADISON.
the measures proposed should be contemplated,"
after having ffi-st tried negotiation and found that
unavailing. To these appeals, put forward with the assumed
air of a lofty national spkit, Mr. Madison replied
Avith coolness and composure : —
" He saAV no ground to hope for redress by nego
tiation. We must be satisfied that resource has
failed. He could not see, admitting we are in
jured, that Ave are bound by honor or prudence to
resent the injury by the last appeal to arms. It is
best, he conceived, to try whether a more pacific
weapon may not prove even more effectual. We
can make use of none against Great Britain more
effectual than commercial weapons. In that part
[her commerce] she is most vulnerable. He
thought this the time for the exertion of those
means most clearly in our power."
The same views he was led to develop more
fully on a subsequent occasion, Avheii he said, —
" The friends of the resolutions considered them
as having no tendency to Avar, but as the most likely
means of obtaining our objects without war. They
thought, and thought truly, that Great Britain was
more vulnerable in her commerce than in her fieets
and navies ; that she valued our necessaries for her
markets, and our markets for her superfiuities,
more than she feared our frigates or our mUitia;
and that she would, consequently, be more ready
to make proper concessions under the influence
of the former than of the latter motive. Great

ME. MADISON'S SECOND SPEECH. 395
Britain is a commercial nation. Her poAver, as
Avell as her Avealth, is derived from commerce. The
American coraraerce is the most valuable branch
she enjoys. ... If any thing, therefore, could over
come her pride, her avidity, and her repugnance to
this country, it was not the fear of our arms, Avhich,
though invincible,, in defence, are little formidable
in a Avar of offence ; but the fear of suffering in the
most fruitful branch of her trade, and of seeing it
distributed among her rivals." '
The debate in opposition to the resolutions Avas
continued Avith great earnestness by Mr. HUlhouse,
Mr. Ames, and Mr. Murray. Mr. Ames, particu
larly, raade a very elaborate and veheraent speech,
distinguished by the usual characteristics of his elo
quence, — great rhetorical exaggeration, and much
acrimony of spkit. He set off, with bold defi
ance, against the report of the secretary of State
the dashing statements of Colonel Hamilton in the
speech delivered by Mr. Smith ; and, as a refutation
or compensation of the Avrongs and injustice sus
tained at the hands of Great Britain, drew a highly-
wrought poetical picture of what he represented
to be the general and unparalleled prosperity of
the country. ToAvards the close of the debate, Mr.
Madison again took the floor in defence of the reso
lutions against the various attacks which had been
made upon them, and spoke for tAvo successive
days. It is impossible here to follow him in the
Aride range of his argument, or to do justice to
1 See Political Observations.

396 LIFE AND TIMES OF MADISON.
the commanding ability with which he disposed of
so great a mass and variety of topics. We can
only indicate the general course of his argument,
and notice a few of the more salient points of it.
He reviewed in detail the attempts which had
been made to convict of inaccuracy the statements
of the late secretary of State, with regard to the
commercial relations of the couutry, as affected by
the regulations of foreign governments ; justifying
and sustaining, by the fullest evidence, the correct
ness of those statements, against the counter-repre
sentations of Colonel Hamilton and his echoes in
the House. In dismissing this part of the subject,
he said, —
" He could not do justice to his own impressions,
without declaring his entire confidence, that the
report Avould be regarded, by all impartial and
unprejudiced judges, as one of the many monu
ments which its author had left behind him, of the
zeal, the talents, and the patriotism with which he
had discharged the duties of his office ; and that
he had carried Avith him into retkement a pm-ity,
both in his public and private name, Avhich nothing
that could be said, withki or Avithout the AvaUs of
Congress, could tarnish."
Passkig to a more general view of his subject, he
noticed the flattering and brilliant aspect under
which the condition of the public interests had been
presented by Mr. Ames. Particular pains, he re
marked, had been taken to exhibit a picture of our
national prosperity, which might flatter our wishes

HIS COMPEEHENSIVE AND COMPLETE ANSWEE. 397
and forbid experiments. There were many feat
ures, he readily admitted, in the face of our affairs,
Avhich Avere proper themes of mutual congratulation,
whether compared with the situation of other coun
tries, or with our own under other circumstances.
But these, he said, Avere not to be ascribed to any
particular measures of legislative Avisdora, as had
been extravagantly asserted by some ; but " were
so evidently the fruit of the fundamental change
in the Constitution of Federal government itself, as
to do honor to the people of America in adopting
it. Pie mentioned tAvo innovations, making part of
the Constitution, which must alone have had a pow
erful effect in ameliorating the condition of this
country; to wit, the prohibition of paper money or
other violations of contracts, and the abolition of
incoherent and rival regulations of trade among the
several States. But, notAvithstanding the satisfactory
state of our affairs under certain aspects, there were
others which suggested very different reflections."
He re-affirmed and vindicated the vieAvs which he
had before presented, of the extremely unequal and
injurious footing on Avliich our commercial relations
Arith Great Britain were placed by the illiberal pol
icy of her government ; and superadded a detailed
statement of the injuries and losses we suffered from
her in other respects, under the several heads of
the Indian Avar, fomented by her retention of the
Western posts ; the Algerine depredations, due to
her unfriendly disregard of our interests ; her dkect
spoliations on our neutral commerce ; and the losses

398 LIFE AND TIMES OF MADISON.
resiUting to us from her disproportionate share in
the carriage of om- produce by British bottoms.
These seA'eral losses and injuries, according to his
estimate, amounted to the annual sum of more than
three and a half mUlions of dollars, — then deemed,
as in truth it was in that early age of the RepubUc,
a very large sum, compared with the slender popu
lation and undeveloped resources of the country.
" From this Adew of things," he said, " it was
impossible to deny, that, however prosperous the
United States might be in some respects, they were
in others laboring under violations of their rights
and interests, which demanded the serious attention
of the legislature. Besides the unreciprocal foot
ing of thek commerce, and the indignities offered
them, it was seen that they Avere burdened Arith an
enormous extra expense, and involved in unjust
losses ; constituting an annual tax nearly equal to
the Avhole amount of the taxes which by legislative
enactment they imposed on themselves for aU the
various branches of the national serAdce."
He then proceeded to shoAv, under various vicAvs,
how his resolutions, if adopted, aa'ouM by thek op
eration tend to procure a remedy for this injurious
state of things. He next answered, in succession,
the numerous objections which had been brought
against the resolutions ; and concluded with the
following condensed, practical appUcation of his
argument : —
" The flrst question is, whether any thing ought
to be done. If this be decided in the affkmative.

FIEST RESOLUTION ADOPTED. 399
as he presumed to be the sense of the committee,
and if war was not in contemplation, as of course
was taken for granted, the next question could only
lie between negotiation and commercial regulations.
Negotiation, it had been shoAvn, Avas in no train or
prospect that could justify reliance on it. Commer
cial regulations alone remained. They would be
paciflc in thek operation. They were the means
best suited to the temper of our constituents ; and
he sincerely believed, if judiciously framed, they
would be more likely to answer the just and rea
sonable purposes of the nation than any system that
could be proposed."
The debate on the resolutions had noAV continued,
and with daily increasing animation, for three weeks.
At length, on the 3d day of February, 1794, the
question Avas taken on the ffi-st resolution, involving
the general prmciple of the proposed measures, and
was carried by a vote of 51 to 46. When the dis
cussion was renewed on the remaining resolutions,
amid still continuing excitement, a motion was made
by Mr. Lyman, of Massachusetts, to postpone the
further consideration of the subject untU the ffi-st
Monday in March, in order to afford time to hear
from England as to the probabiUty of any change
in the policy of that government tOAvards the United
States, the prospect of Avhich was held out with
sanguine anticipation by some, and pronounced ut
terly hopeless by others. The friends of the resolu
tions, rejecting altogether the idea of any favorable
change in the dispositions of the British govern-

400 LIFE AND TIMES OF MADISON.
ment from negotiation, but willing to afford every
opportunity for further information, acceded to the
proposition of delay. The adverse party, thinking
their chance of success the better in the present
indecision and timidity of a portion of the House,
earnestly opposed the postponement. The proposi
tion of Mr. Lyman was carried by almost the same
vote, literally, that had carried the flrst of the com
mercial resolutions ; and the further consideration
of the subject Avas postponed to the flrst Monday in
March. Mr. Madison, in a letter to Mr. Jefferson, of the
2d of March, 1794, — the flrst he had Avritten to
him since his return to Monticello, — gives the fol
lowing account of this vote, together with some
other circurastances, illustrative of the political
temper of the times, which may not be without
interest to the reader : —
" As you are so little supplied with the current
information, it may be necessary to apprise you, that
after the general discussion of the measure pro
posed by me had been closed, and the flrst general
resolution agreed to by a majority of flve or six,
several of the Eastern members friendly to the
object insisted on a postponement to the flrst Mon
day in March. It was necessary to gratify them ;
and the postponement was carried by a small ma
jority against the efforts of the adverse party, who
counted on the votes of the timid members, if forced
before they could hear from their constituents. The
interval has produced vast exertions by the British

MALIGNANT PAETY SPIEIT. 401
party to mislead the people of the Eastern States.
No means have been spared. The most artful and
wicked calumnies have been propagated Avith all
the zeal which malice and interest could inspire.
The blackest of these calumnies, as you may ima
gine, have fallen to the lot of the mover of the reso
lutions. The last Boston papers contain a string of
charges, framed for the purpose of making the
Eastern people believe that he has been the coun
sellor and abettor of Genet in all his extravagances,
and a corrupt tool of France ever since the embassy
of Gerard."
These malignant assaults had no power to move
Mr. Madison from his habitual equanimity ; and,
through the whole course of the discussion on his
resolutions, often marked by criminations and re
criminations of great harshness on the one side
and the other,' he combined, with a free and manly
' A few passages at arms may 521). This provoked a spirited reply
he cited, to give some idea of the from one of the Virginia members,
excitement which, from time to Mr. Parker, who said, " He wished,
time, marked the course of this for his part, that everybody and
debate. Mr. Tracy characterized every thing could be plainly read
the resolutions by saying, that, by some such device. We should
contrary to their professed object, then know what and who is French,
they would rivet new shackles on and who is Englisii."
our trade. " The fetters are only Mr. Smith, of Soutii Carolina,
changed from one side to the other, with his usual extravagance, had
and France stamped upon them in- said that " Great Britain was the
stead of England." — Annals of most friendly of any nation in
Congress (1793-1795), pp. 299, 300. Europe to the United States ; and
Mr. Ames, at a later period of the yet, if a stranger should come into
debate, said, " The resolutions say that House, he would think the
nothing ; they are worse than noth- resolution under, discussion was a
ing; they are- based on partiality manifesto of war against Great Brit-
for one nation ; they have French ain." Mr. Clark, of New Jersey,
stamped on the face of them" (p. retorted, "If a stranger should come
VOL. III. 26

402

LIFE AND TIMES OF MADISON.

expression of his opinions, an observance of parlia
mentary courtesy worthy of the dignity of his charac
ter, and of the gravity and high national importance
of the questions at issue.

into the House, he would think
Britain had an agent there " (p.
425). Mr. Madison, in the conscious
dignity of his character, stood aloof
from this war of personalities. In
a single instance, he noticed an
imputation levelled against him,
involving the consistency of his
public conduct.
" In answer to this charge," he
remarked, " that if, in any instance
of his public life, he was free from
the charge of inconsistency, it was
on the subject of vindicating our
national interests against the policy
of Great Britain towards us. In
all the public stations with which
he had been honored since the
peace, and on every occasion which
had occurred, his conduct had been
regulated by this principle. The

resolutions he had now proposed
were founded on this principle;
and if, in the first arguments sup
porting them, he had dwelt chiefly
on commercial topics, it would be
recoUected that he had kept the
door open for poUtical ones, should
the turn of the discussion require
them. He had forborne to enlarge
on the political sides of the ques
tion, because he thought it defensi
ble on commercial grounds, and was
wiUing to meet it on those grounds ;
because he did not wish to mingle,
unnecessarily, irritating ideas in
the discussion ; and because he sup
posed every thing relating to the
treaty of peace, the Indians, the Al
gerines, the spoUations, &o., would
have all the effect they ought to
have, without being particularly
enforced." — Idem, p. 375.

CHAPTER XLIX.
Continuation of First Session of Third Congress — Inforraation received
of New and yet Greater Outrages committed on American Commerce,
under Additional Instructions of the British Government — Flame of
Indignation produced by the IntelUgence — Opponents of Mr. Madi
son's Resolutions called upon for their Plan of Resistance — Mr.
Sedgwick, under prompting of Secretary of the Treasury, offers an
Ostensible Measure of Defence, by proposing to raise a Provisional
Army of Fifteen Thousand Men — The Measure soon laid upon the
Table by its professed Patrons, and not caUed up tUl End of the Ses
sion — Mr. Madison, and Friends of " the Commercial Propositions "
generally, feeling Other Measures to be necessary under the New
Aggressions of the British Government, in addition to the Restrictive
Regulations originally proposed by them, carrj', by tiieir Votes and
Influence, Bills for laying an Embargo, and for prohibiting the Im
portation of British Goods and Manufactures into the United States —
Part taken by Mr. Madison in the Preparation and Discussion of these
Measures — President proposes and institutes a Special Mission to
England, as a Last Experiment for Peace, by Appointment of Mr. Jay
as Special Minister — History of the Measure — Views and PoUcy
of the Eepublican Party — President agrees with the Eepublicans in
their Indignant Sense of the Wrongs of Great Britain — Erroneous
Statement of Judge Marshall, with regard to Lord Dorchester's
Speech, commented on by the President, conclusively shown by
Record Evidence obtained from Foreign Office in England — Immedi
ately after Institution of Mr. Jay's Mission to England, President
appoints Mr. Monroe Minister to France — Instructions to him —
Abortive Measures proposed by Federal Party towards Close of Ses
sion of Congress — Eeview of them by Mr. Madison in an Able and
Eloquent Pamphlet, subsequently pubUshed under Title of " Political
Observations" — Precious Materials furnished by this Pamphlet for

404 LIFE AND TIMES OF MADISON.
correcting Errors of Federal Historical Writers — HostiUties and
Depredations of Algerine Corsairs — Agency of the British Govem
ment in turning them loose on the Commerce of the United States,
by means ofa Truce, concluded under its Auspices, between Portugal
and Algiers — Debates upon this Subject in the House of Eepresenta
tives — Different Measures proposed for the Emergency — Views of
Mr. Madison — He and the Body of his Friends vindicated from the
Charge of HostUity to a Navy — By his Energetic Eesistance and
Powerful Logic he defeats Clause in a Bill which came down from
the Senate, depriving France of the Privilege hitherto enjoyed by her
of selling her Prizes in the Ports of the United States — Financial
Questions, and the Course of the Two Parties in relation to them —
Dignifled and Piquant Reply of Mr. Madison to Assaults on Virginia,
and Extravagant Laudations of their own State by Messrs. Ames and
Dexter — Close of First Session of Third Congress.
When the day to which the consideration of the
remaining commercial resolutions was postponed
arrived, information had been received, though at
first somewhat vaguely, of new and yet more rio
lent outrages on American commerce, committed
by the British government. It was rumored that
additional instructions had been issued to the Brit
ish cruisers to stop and detain all neutral vessels
laden with the produce of any of the French colo
nies, or carrying supplies of whatever kind to any
of those colonies ; and to bring in the same, with
thek cargoes, for adjudication by the British courts
of admiralty. In this state of things, the further
consideration of the resolutions was postponed a
Aveek longer, — that is, to the 10th of March, — to
afford time for more definite and accurate informa
tion. In the interim, a copy of the additional instruc
tions, bearing date the 6th of November, 1793, and

NEW OUTRAGES ON AMERICAN COMMERCE. 405
fully confirraing the previous report of their tenor,
appeared in the newspapers ; and was foUoAved, in
a few days, by astounding accounts of a large num
ber of seizures and condemnations of American
vessels under them in the West Indies.
Mr. Madison, writing to Mr. Jefferson on the
12th of March, says, " The merchants, particularly
of New England, have had a terrible slam in the
West Indies. About a hundred vessels have been
seized by the British for condemnation, on the
pretext of enforcing the laws of the monarchy Avith
regard to the colony trade." The number of Araer
ican vessels seized under these and like instructions
amounted a few raonths later, according to a high
English authority, to six hundred.' This fell
swoop, directed without notice against the peace
ful coraraerce of the United States, aroused, upon
the first intelligence of it, an irrepressible feeling
of indignation, and produced in the House of Repre-
sentatiA^es a burst of denunciation from a meraber
who had opposed the resolutions of Mr. Madison,
characterizing England as a piratical nation, — "a
leviathan which airas at swallowing all that floats
on the ocean, — a monster whose only law is power,
and who respects neither the rights of nations nor
the property of individuals." ^
It Avas impossible, under these circumstances, for
those who, in opposing the commercial resolutions,
had made such lofty professions of their readiness
1 British Annual Register for 1794, p. 255.
2 Speech of General Samuel Smith, of Maryland, 27th March, 1794.

406 LIFE AND TIMES OF MADISON.
to vindicate the national rights and honor, not to
do something which might wear the appearance, at
least, of redeeming their pledge. Accordingly, on
the 10th of March, the day to which the considera
tion of the commercial resolutions had been further
postponed, Mr. SedgAvick rose, and gave notice of
his intention to submit to the House on the follow
ing Wednesday, the 12th instant, certain resolu
tions, " the object of which Avould be the means of
defence requked by our present situation, and the
funds Avhich might be required to defray the ex
pense." The friends of the commercial resolutions
forbore to press the consideration of their proposi
tion, until the new measure, of which notice had
been given, was before the House.
The resolutions offered by Mr. Sedgwick, in pur
suance of his notice, proposed the raising of a
provisional army of flfteen thousand men, to be
enlisted for two years, upon the condition that if,
within that time, war should break out with any
European poAver, they should be bound to serve for
three years from the commencement of the war;
but this force, though enlisted and fully organized
Arith the necessary complement of officers, was not
to be actually embodied, except in case of war, for
more than tAventy-four days in the year for occa
sional exercise and training. It was also proposed
to empower the President, " if m his judgment the
safety and welfare of the United States shall re
quire it, to lay an embargo, generally or particu
larly, upon ships in the ports of the United States,

OSTENSIBLE MEASURES OF DEFENCE. 407
for a term not exceeding, at any one time, forty
days." What particiUarly attracted attention in
this proposition, especiaUy in the explanation and
development of it by the mover, was that, while the
commercial resolutions had been opposed with great
vehemence on the ground of thek alleged kritating
tendency in the defensive restrictions proposed by
them on the trade of Great Britain with the United
States, the measure now brought forward Avas pre
sented and advocated as a dkect menace aimed
against her adjacent possessions on the continent,
and the subsistence of her colonies in the West
Indies. " When possessed," said Mr. Sedgwick, " of the
force contemplated, the adjacent rich dominions of
the nation whose policy injures us can be easUy
struck ; and the wound vriU certainly be severely
felt. This impending blow wUl render that power
cautious : they wiU reflect on the danger of rousing
the resentment of a country so capable of retaliating
vrith rigor. . . . Great Britain cannot supply her
West Indies except from the United States. If this
is in any degree true in peaceable times, how much
more powerfully must it operate now that they have
a considerable military force there to feed! In truth,
without supplies from this country, they must in
evitably abandon the project — vrith them a favorite
one — of the conquest of the French West Indies.
. . . Such &m language, backed by our means of
withholding the supplies necessary to them in the
prosecution of a darling object, and by an active

408 LIFE AND TIMES OF MADISON.
force ready to stiike in a Aoilnerable quarter, must
be heard, and have its due weight."
The sagacity of Mr. Madison did not fail to de
tect at once in this proposition, and the ostensible
arguments by which it was supported, the hand and
the language of its real author, the secretary of the
treasury. Writing to Sh. Jefferson on the 14th of
March, 1794, he says, —
•- The papers of yesterday avUI give you a clue to
the designs of the party which has used SedgArick
for its organ. His immediate prompter ' vriU be
seen both in his speech and his propositions.
Whether more be seriously aimed at than to em
barrass the other propositions, which have been
long pending, is by some doubted. Perhaps this
may be one of the objects ; but you imderstand too
well the game behind the curtain, not to perceive
the old trick of turning every contingency into a
resource for accumiUating force in the government
It would seem, however, that less subtiety has pre
vaUed in this than in some other instances. The
ostensible reason for the proAdsional army is not
only absurd, but remote from the present sensations
of the public ; and at the same time disarms the
projectors of the caAil and calumny used Arith most
success against the commercial propositions ; to vrit,
that they tended to provoke war by an unnecessary
alarm and kritation to Great Britain."
1 The indication Mr. Madison papers of Colonel HamUton. — See
here gives of the paternity of this HamUton's Works, vol. rv. pp.
project is now fuUy verifled by the 50&-508.
outUne of it among the original

QUESTION OF AN EMBARGO. 409
NotArithstanding the ostentatious manner in which
this mUitary proposition was brought forAvard by the
mover, it Avas quietly laid aside by its patrons, and
not again caUed up untU near the close of the ses
sion. The day after its introduction into the House,
the commercial resolutions were again taken up,
and discussed on that and the foUowing day. The
fiiends of the resolutions, whUe adhering to their
justice and expediency, as entering properly into
the general system of policy Avhich ought to be pur
sued by the United States towards Great Britain,
yet felt that the enormity of the recent outrages
caUed for additional measures dkected to the special
exigency. In a letter of the 12th of March, 1794,
to Mr. Jefferson, Mr. Madison says, —
" The commercial propositions are, in this state
of things, not the precise remedy to be pressed as
first in order ; but they are, in every view and in
any event, proper to make part of our standing laws,
tiU the principle of reciprocity be estabUshed by
mutual ai-rangements." And again on the 26th of
March, " The progress of the evils which they
[the commercial propositions] were intended to
remedy havuig caUed for more active naedicine, it
has not been deemed proper to force them on the
attention of the House during more critical discus
sions." Hence, after the two days' discussion just men
tioned, they were laid aside by common consent, in
order to take up the more pressing subject of an
embargo ; which, we learn from Mr. Madison's cor-

410 LIFE AND TIMES OF MADISON.
respondence at the time, was debated for a week in
Committee of the Whole. The measure was at first
rejected, by a vote of 48 to 46; the Eastern members
generally — the same party that opposed the com
mercial resolutions of Mr. Madison — votkig against
it; and the Southern members, friends of those reso
lutions, being in favor of it.' At length, a change of
sentiment having taken place among the former, a
resolution was passed by both Houses, on the 26th
of March, laying by the dkect and immediate action
of Congress, and not by the delegation of a discre
tionary authority to the executive, "an embargo,
for thkty days, on aU ships and vessels in the ports
of the United States bound to any foreign port or
place." Other propositions of a like character, but yet
more energetic, foUowed in close succession. The
first was a proposition of Mr. Dayton, of New Jer
sey, to sequestrate the debts due to British subjects
from citizens of the United States, and to hold the
same as a fund for reimbursing the injuries to
American commerce. This, after being warmly
debated for two days, was laid aside, and not again
taken up. On the 7th of AprU, 1794, a resolution
was offered by Mr. Clark, of the same State, declar
ing that " untu Great Britain shaU cause restitu
tion to be made for aU losses and damages sustained
by American citizens under her recent violations of
neutral commerce and the law of nations, and untU
1 Letters of Mr. Madison to Mr. Jefferson of 24th and 26th of March,
1794.

SPECLAL MISSION TO ENGLAND.

411

thfe posts now held and detained by her Arithin the
limits of the United States be surrendered and given
up," all commercial intercourse between the two
countries, so far as respects the manufactures and
productions of Great Britain and Ireland, shall be
prohibited ; the prohibition to take effect on a future
day, to be thereafter named.
While this proposition was pending, with evident
indications of its meeting the approbation of a large
majority of the House, the President determined to
make a ucav effort for the adjustment of the contro
versies betAveen the tAvo govemments, by the insti
tution of a special mission to Great Britain.' On

' Before this determination was
formally announced, the President
had received and transmitted to
Congress, on the 4th day of April,
despatches from the American
Minister at London, communicating
the fact that the British govern
ment, by a new instruction of the
Sth of January, had modified its
former instruction of the 6th No
vember, 1793, so as to restrain its
operation to neutral vessels en
gaged in the direct trade between
the French AVest-India islands and
a European port, or carrying to any
destination the produce of those
Islands which is the property of
French subjects. Even in this ex
tent, the instructions were stUl in
direct conflict with the rights of
neutrals, as contended for by the
government of the United States ;
and their deliberate promulgation,
as standing orders to the British
cruisers, was far from being a legi
timate subject of satisfaction to the

friends of American rights and
honor. With respect to the past,
and what had already taken place
under the instruction of the 6th of
November, Mr. Pinckney, instead
of being authorized to give positive
assurances of redress, was merely
enabled to say, that the British sec
retary of State, Lord GrenviUe,
gave it as his personal opinion,
that, though the American vessels
which had been seized and con
demned under that instruction
were directed to be brought in for
"legal adjudication," it did not fol
low that they were rightfully con
demned by virtue of that instruc
tion alone, independently of other
and pre-existing causes for condemna
tion. — See Waite's State Papers,
vol. II. pp. 5-9.
Neither the new insfructions of
the British govemment, nor the
declarations of the British secre
tary for foreign affairs, when prop
erly understood, afforded any addi

412

LIFE AND TIMES OF MADISON.

the 16th of AprU, he nominated Mr. Jay, chief-
justice of the United States, for the proposed mis
sion; and the nomination was, a few days afterwards,
conffi-med. On the 18th of AprU, the resolution of Mr. Clark,
having been reported by the Committee of the Whole,
was taken up for consideration in the House. It
was opposed, particularly on the ground, that, the
President having determined to make another trial
of negotiation, and having nominated an envoy
extraordinary for the purpose, the passage of the
resolution would be an interference with his consti
tutional functions ; and that the resolution, in the

tional ground of hope or confidence
to what may have previously ex
isted, for entering upon another
and special effort at negotiation
with that power. They do not,
therefore, appear to hajve had any
material influence on the judgment
of the President, when he deter
mined to try the experiment of a
special mission ; for the very day
before he nominated Mr. Jay to
the Senate, and several days after
the receipt of Mr. Pinckney's de
spatches above referred to, he says,
in a letter to Richard Henry Lee
of Virginia, " The conduct of the
British Ministry has been such,
more especially with regard
to the late orders of the king in
council, as to leave very unfavora
ble impressions of their friendship,
and little to expect from their just
ice, whatever may result from that
of the interest of the nation." —
Sparks's Washington, vol. x. pp.
401, 402.

These new proceedings and
declarations of the British govern
ment, however, which were seen
by the public through the inge
nious glosses put upon them in
speeches of members of Con
gress, had, undoubtedly, no small
influence in begetting araong the
people, and especially the mer
chants, a more hopeful and zealous
feeling in relation to the special
mission. On the 31st of March,
1794, Mr. Madison makes the fol
lowing sagacious reflection on the
subject in a letter to Mr. Jefferson :
" The later accounts from the
West Indies, since the new in
struction of the Sth of January, are
rather favorable to the merchants,
and alleviate their resentments.
So that Great Britain seems to
have derived from the very excess
of her aggressions a title to com
mit them in a lesser degree with
impunity."

, POLICY OF COMMERCIAL EESTEICTIONS. 413
form in which it stood, by prescribing the specific
terms on which the proposed interdiction of cora
raerce was to cease, was virtually an attempt by the
legislative department to conclude a treaty Avith a
foreign power. To the first objection it was an
swered, that the Constitution had expressly vested
in Congress the power "to regulate commerce with
foreign nations;" and that the exercise of the power
proposed in the present instance would have, as it
was intended to have, the effect of aiding, and not
impeding, the President in the negotiation to be
opened by him.
The second objection, founded on the form of the
resolution, was obviated by an amendment proposed
by Mr. Madison, reciting, in the course of a preamble,
that, " Whereas the injuries suffered, and likely to
be suffered, by the United States, from the violation
of its neuti-al rights and commercial interests on the
part of Great Britain, and also from a failure in
the execution of the seventh article of the treaty
of peace, make it expedient that their commercial
intercourse Avith Great Britain should not remain as
extensive as it now is ; " and then concluding with a
resolution, that, from the  day of  (afterwards
fixed at the first day of November following), the
said intercourse, so far as regards the importation
of British merchandise, should be suspended. In
that form, Avith very slight modifications, the reso
lution was carried in the House of Representatives
by a vote of 58 to 38 ; and a bill reported in pur
suance of it was finally passed in the House, on

414 LIFE AND TIMES OF MADISON.
the 25th of AprU, by a vote of 58 to 34. In the
Senate it was defeated, on a tie-vote of the mem
bers, — thkteen for, and thirteen against it, — by
the casting-vote of the Vice-President.
The course of events, in increasing the hostile
aggressions of Great Britain on the commerce
of the United States, had merged for a time the
original resolutions of Mr. Aladison in the stronger
measure of Mr. Clark, of New Jersey ; for Avhich
all the friends of IVIr. Madison's resolutions voted,
together Avith a considerable number of those
who had at ffi-st opposed them. But after the
prompt and peremptory defeat of the Non-inter
course Bill in the Senate, and the institution of the
special mission to London, it became apparent that
any further attempt at measures of commercial rin-
dication by the House of Representatives, however
sti-ong the sentiment of that body was in favor of
such raeasures, Avould be unavailing ; and, in conse
quence, neither the resolutions of Mr. Madison, nor
any other measure of the same type, were afterwards
seriously pressed.'
Tavo topics of party crimination were very indus
triously employed at the time, and have been since
propagated by party historians, against Mr. Madi
son and the majority of the House, for thek support
of the policy of commercial restriptions, as in thek
judgment the most efficient, as weU as peaceable,
means of obtaining redress for the injmies of Great
1 See letter of Mr. Madison to Mr. Jefferson, llth May, 1794. — Madi
son's Writings, vol. ii. p. 15.

ANSWEE TO PAETY CEIMINATION. 415
Britain. The first accusation was that they de
signed, and that the effect of their measures would
be, to provoke a war with Great Britain, and to
commit the country to the madness and revolution
ary violence of France ; the second imputed to them
a systematic, if not factious, opposition to the views
and policy of the President. We have already
given the most unanswerable refutation of the ffi-st
charge, in point of reason, from the speeches of
Mr. Madison in the debate on his resolutions ; and
we feel it would be " wasteful and ridiculous ex
cess " to attempt to add any thing to so conclusive
a demonstration. How little reason there was, in
fact, for the apprehension of a war with England
from measures of commercial vindication on the
part of the United States, is shown as clearly by
the testimony of those on the spot, and in the best
situation for knowing the policy and intentions of
the British government.
The able and enlightened American Minister
then in London, whUe deprecating war, recom
mended commercial regidations as a peaceable, and
likely to be an efficient, means of redress.' Among
the papers of Washington is the extract of a letter
addressed to him, at this period, by an American
gentleman in London, " whose judgment and opin
ion," we are told, " he deemed worthy of regard."
" God forbid," says this correspondent of the
President, " that I should say any thing that would
1 Letter of Mr. Pinckney to 15th August, 1793. —Waite's State
Mr. Jefferson, secretary of State, Papers, vol. i. p. 402.

416 LIFE AND TIMES OF MADISON.
have the smallest tendency to involve my countiy in
war ; and therefore I have avoided in my letters
hitherto a coraraunication of the truth of Avhich I
am fully convinced. . . . This is the moment for the
United States to hold that decided language towards
this government, Avhich the Avrongs and injuries they
have suffered Avould have dictated some time since,
if circumstances had rendered it prudent for them
to do so. Nothing will be refused that they have, in
justice, a right to demand, if the demand be made
loith firmness, and measures are seen to he taken
to support that demand. A Avar with the United
States will not be hazarded. . . . The Ministry have
been told from the United States, that they might
venture to do almost any thing they pleased Avith
respect to them ; as there was a party there so de
cidedly in the British sentiraent, that bearing and
forbearing would be carried to any length : and this
has been implicitly believed. I speak not on slight
grounds." '
These intimations derive the strongest confirma
tion from the contemporary avowals of a British
publication of the highest authority for its candor,
impartiality, and ample means of information. Soon
after the conclusion of Jay's treaty, when the mo
tives for a politic reserve had ceased, this organ
and repository of the national sentiment and his
tory, speaking of the deep stake which Great Brit-
l Sparks's Washington, vol. x. tion in which it stands shows it to
p. 396. The precise date of this have been written about the begin-
letter is not given ; but the connec- ning of the year 1794,

ANSWER TO PAETY CRIMINATION. 417
ain had in the preservation of peaceful and friendly
relations with the United States, says, " The com
merce with North America was a source of great
benefit to this country: it employed nearly tAvo
hundl-ed and fifty thousand tons of shipping, and
took off an immense quantity of our manufactures.
In case of a war, the navigation from Britain to
the West Indies would suffer great and inevitable
depredations from the numerous privateers with
which the Americans would cover the West-India
seas. Our islands, too, would lie exposed to their
attacks ; and, in conjunction with the French, they
would certainly attempt their reduction. HappUy,
howeyer, both for Great Britain and the United
States, moderate counsels prevaUed over the anger
expressed by the public at the treatment they had
experienced." '
The other charge brought against the friends of
commercial vindication, that they had arrayed them
selves in organized opposition to the wishes and
policy of the President, was equally without founda
tion. We have heretofore had occasion to show,^
that the President, from an early day, was in favor
of discrimination in the commercial legislation of
the United States against Great Britain, on account
of her illiberal and unjust regulations affecting the
trade of the two countries ; and his Message of 5th
December, 1793, at the opening of the present ses
sion of Congress, called the attention of the body
1 British Annual Register for 2 Ante, chap, xxxvii. pp. 27,
1794, p. 256. 28.
VOL. III. 27

418

LIFE AND TIMES OF MADISON.

to new and aggravated causes of complaint against
her ; while recognizing, in cordial terms, the liberal
conduct and " friendly attachment which France
had manifested generally to this country." No one
was farther from being the apologist or palliator of
British injustice. If any one should doubt his sen
timents on this subject, let him read hot only the
letter to Richard Henry Lee of Virginia, to which
we have already referred (p. 412), but his letters
to Gouverneur Morris, then informal agent of the
government in London, of the 21st June and 20th
October, 1792; his letter to Governor Clinton of
31st March, 1794; and his letter to Mr. Jay of the
30th August, 1794.'

' See Sparks's Washington,
vol. X. pp. 240, 308, 394, 395, and
433-435. In the letter to Governor
Clinton above referred to, a speech
of Lord Dorchester, Governor of
Canada, to the Indians, deUvered
on the 10th February preceding, in
which that functionary expressed
the opinion, that Great Britain
would be at war with the United
States by the end of the year, and
incited the Indians to be prepared,
in that event, to draw a new line
of territorial separation by the
sword, is mentioned by the Presi
dent as one among other evidences
ofthe hostile intentions ofthe Brit
ish government. "As there are
those," he says, " who affect to be
Ueve that Great Britain has no
hostile intentions towards this coun
try, it is not surprising that there
should be found among them char
acters who pronounce the speech

of Lord Dorchester to the Indians
to be spurious. No doubt, how
ever, remains in my mind of its
authenticity." And yet, strange to say. Chief-
justice Marshall, in reciting the his
tory of this period in his Life of
Washington (vol. ii. p. 320), af
firms that "this document was not
authentic, although it obtained
general belief." Upon this naked
assertion of the chief-justice, in
opposition to the recorded admis
sion of the British Minister, Ham
mond (see Waite's State Pa
pers, vol. II. pp. 58-61), the same
statement has been taken up and
repeated by subsequent American
historians. To put an end, once
for all, to the propagation of this
extraordinary error in our national
history, we obtained through an
esteemed and distinguished friend
in England, from the high inter-

EREOE OF CHIEF-JUSTICE MAESHALL.

419

As little did he sympathize with the leading
adversaries of the commercial propositions in thek
bitter hatred of France, and their exaggerated fears
of the infiuence of what they called French prin
ciples on the internal peace and harmony of the
United States. That he Avas the sincere friend of
the French revolution, rejoiced in the Avonderful
achievements of its arms, and augured well of the
effects of its final success on the general happiness

national courtesy and manly rever
ence for trutli of the Foreign Office,
a verified copy of the speech of
Lord Dorchester, as it now exists
in the archives of that office ; show
ing its unquestionable authenticity,
and its exact conformity, with the
exception of one or two insignifi
cant words, and one omitted sen
tence of no special importance, with
the version published in the Ameri
can and English newspapers at the
time. From the verifled copy thus
kindly communicated to us from
the Foreign Office we annex two
extracts, containing the essence of
the speech, so far as it related to
the United States : —
" Children, since my return, I
find no appearance of a line re
mains ; and from the manner in
which the people of the United
vStjites push on and act and talk
on this side, and from what I learn
of their conduct towards the sea,
I shall not be surprised if we are at
war with them in the course of the
present year ; and, if so, a line must
then be drawn by the warriors."
The concluding sentence of this
paternal address is as follows : —

" Children, what further can I
say to you ? You are witnesses
that, on our part, we have acted
in the most peaceable manner, and
borne tlie language and conduct of
the people of the United States
with patience ; but I believe our
patience is almost exhausted."
The learned gentleman whowas
the medium of our communication
with the Foreign Office, wrote, un
der date of 24th June, 1866, " At
length I have the pleasure of send
ing you a complete answer to your
question, as far as the ' record proof
is concerned. The explanation of
Judge Marshall's stateraent must
be looked for, if anywhere, on your
side of the Atlantic." The com
munication from the Foreign Office
which he transmitted contains this
precise and unequivocal statement :
" There can be no doubt of the au
thenticity of the dociunent alluded
to, since Mr. Hammond's No. 16,
1794, contains an inclosure from
Lord Dorchester, in which he
writes, ' I inclose you a copy of
my answer to a message from the
Indians of the upper nations, which
will sufficiently explain itself.' "

420 LIFE AND TLAIES OF MADISON.
of mankind, as well as the interests and prosperity
of the United States, his declarations, both public
and private, bear abundant and unequiA'Ocal testi
mony. In all these important respects, there was entire
coincidence of feeling and opinion betAA'een the
President and the Republican majority of the House
of Representatives, and a Avide divergence between
him and the Federal leaders. If the President was
in favor of a further effort of negotiation to obtain
redress of the injuries proceeding from the Brit
ish gOA'ernment, it was mainly to promote national
unanimity in whatCA'er ulterior measures should be
come necessary for a A'indication of the national
rights. Should a Avar with England be ultimately.
forced upon us, " the affections of the people of the
United States," he said, " would be better secured
toAvards the measure by a manifestation that eA'ery
step had been takeii to avoid it." ' The Republican
majority in the House were not opposed to negotia
tion, but in favor of negotiation supported by a
practical appeal to the interests of the adverse
part)' (Arithout which, they fitmly beUeved, there
was no prospect of any real and adequate redress),
instead of trusting solely to the influence of senti
ments of justice or benevolence, a reliance on Avhich
had already proved so bitter a delusion.
Many of them, doubtiess, preferred negotiation
1 This was the language of went the careful revision of the
the instructions shortly afterwards President himself.
given to Mr. Monroe, which under-

THE PEESIDENT AND THE SPECIAL MISSION. 421
through the existing channel of the able and in
dependent representative already accredited to the
court of London, rather than a special and ex
traordinary mission, committed to the hands of a
gentleman whose antecedents Avere not of the most
favorable kind with regard to impartiality between
the belligerent powers of Europe,' aud Avhose actual ¦
official position, as chief-justice of the United States,
was thought to be a bar, on constitutional princi
ples, to his employment in a political capacity,
while holding a judicial office. These were inci
dental points, on which a difference of opinion
raight Avell exist without implying any disapproval
of the leading objects of the President's policy, or
derogating from the profound respect and confi
dence felt for him as the pure, virtuous, and enlight
ened chief magistrate of the nation. It Avas Avell
known what extraordinary and persevering exer
tions were made, from high quarters, to obtain the
President's concurrence in the measure of a special
mission, and the balance of conflicting considera
tions Avhich flnally led him to the selection of the
Minister ; and every alloAvance was made for his
difficult and embarrassing situation by those to
whom the facts were knoAvn.^
1 How violent and unreasona- 2 Revelations from behind the
ble were the prejudices of Mr. Jay scenes, recently brought to light,
against France, and how strong his show the extraordinary means that
leanings to England, we have al- were resorted to in order to operate
ready had occasion to show in giv- on the mind of the President. It
ing an account of the negotiations appears that certain leading mem-
of the treaty of peace of 1782. — bersof the Senate — Mr. Ellsworth,
Vol. 1. pp. 352-362. Mr. King, Mr. Cabot, and Mr.

422

LIFE AND TIMES OF MADISON.

No sooner was the special mission to England
ffiled, than an important act of the President, which
succeeded it, left no room to doubt his actual posi
tion of independence and impartiality in the politi
cal divisions of the country, as Avell as between the
Avarring poAvers of Em-ope. About the middle of
May, 1794, he nominated for the mission to France,

Strong — held formal conferences
with each other, of which minutes
were kept, and have been pre
served ; that the main object of
these conferences was to determine
on the course to be pursued in the
relations with England; that the
plan of a special raission was agreed
upon by this conclave ; that Mr.
Ellsworth was deputed to bring it
before the miud of the President,
and at the same time to urge the
importance of selecting Colonel
Hamilton for the mission ; and that
these representations were after
wards earnestly supported by Mr.
Eobert Morris, senator of Pennsyl
vania, with whom the President
had had long and intimate relations
of friendship, and in whom he re
posed especial confidence. — See
disclosures in HamUton's Hist. Am.
Rep., voi. V. pp. 532-535. Consid
ering the relations of joint action
and deliberation established by the
Constitution between the President
and Senate, in matters of foreign
negotiation, nothing was more nat
ural than that he should listen with
respect to representations from that
source on such questions.
We learn from another quarter
how ardently the appointraent of
Colonel Hamilton was desired by
the Federal party. " Should a

special Minister," said Mr. Ames,
" be sent from this country, rauch
will depend on his character and
address. Who but Hamilton could
perfectly satisfy our wishes 1" (To
Mr. Gore, 26th March, 1794.) The
public opinion, however, with re
gard to the strong Anglican lean
ings of Colonel Hamilton, was, in
the mind of the President, an in- ¦
superable barrier to his appoint
ment. Mr. Jay being the person
next preferred by a majority of the
Senate, and Colonel Harailton, after
his own pretensions were disposed
of, recommending him as then " the
only man in whose qualifications
for success in England there would
be a thorough confidence," the
President norainated him to the
Senate. Mr. Madison, in a letter of the
28th April, 1794, to Mr. Jefferson,
says, " The appointment of Ham
ilton as envoy extraordinary was
likely to produce such a sensation,
that, to his great mortification, he
was laid aside, and Jay named in
his place. The appointment of the
latter would have been difficult in
the Senate, but for some adventi
tious circumstances. There were
ten votes against him in one form
of the opposition, and eight on the
direct question."

INSTRUCTIONS TO MR. MONROE. 423
become vacant by the recall of Mr. Gouverneur Mor
ris, James Monroe, of Virginia, a Republican leader
in the Senate, well kiiOAvn by his ardent zeal and
sympathy for the cause of the French revolution,
and who had opposed with particular earnestness
in the Senate, both the appointment of Mr. Jay and
the institution of a special mission to England. The
selection of Mr. Monroe for this delicate and impor
tant trust sufficiently announced to the world the
sentiments with which the President Avas animated.
But in the instructions to the Minister, which were
draAvn up under his immediate supervision, and
received his deliberate sanction, the " real senti
ments of the executive towards the French nation"
were unequivocally expressed.
The Minister was told that " the President has
been an early and decided friend of the French
revolution ; he is immutable in his Avishes for its
accorapUshraent, and persuaded that success Avill
attend it." The Minister was also instructed to say,
in respect to Mr. Jay's mission to London, that "he
is positively forbidden to weaken the engagements
between this country and France ; " and it was
added, "You will be amply justifled in repelling
with flrmness any imputation of the most distant
intention to sacriflce our connection with France to
any connection with England." Finally, he was
told, "You go, sir, to France, to strengthen our
friendship Avith that country; you Avill let it be
seen, that, in case of war with any nation on earth,
we shall consider France as om- first and natm-al

424 LIFE AND TIMES OF MADISON.
ally. You may dAvell upon the sense we enter
tain of past services, and for the more recent in
terposition in om- behalf with the Dey of Algiers."
These were the "real sentiments" ofthe President.
They placed him in full harmony Avith the republi
can sentiment of the country ; and dreAV a broad
line of demarcation between his and the well-
known anti-Gallican feelings of the Federal leaders,
who opposed Avith so much vehemence every meas
ure of legislation designed to vindicate the inde
pendence and commercial rights of the United
States against the arrogant and sweeping encroach
ments of England.
The military measures brought forward by Mr.
SedgAvick, the selected Federal leader on this occa
sion, met Avith little success. They Avere considered
a mere masquerade played off on that side of the
House, there being no real purpose or expectation
of Avar with England entertained by them ; but, at
the same time, it threatened to be a very costly and
dangerous masquerade to the nation, involving a
large addition to both the patronage and expense
of the government.' In the original proposition of
1 Mr. Jefferson, in a, letter of by the Federal party, while they
this period (3d AprU, 1794) to were pushing their ostensible mili-
Mr. Madison, said, " As to the na- tary measures in Congress, is
val armament, the land armaraent, shown by the language held by
and the marine fortifications, which thera in their private correspond-
are in question with you, I have ence. Oliver AVolcott of the treaa-
no doubt they will all be carried ; ury department, more perhaps in
not that the monocrats and paper- the unreserved confidence of Colo-
men in Congress want war, but nel Hamilton, the chief of the
they want armies and debts." How party, than any other man, wrote to
Uttle war was really contemplated his father on the 2d day of March,

MEASURES OF FEDERAL PARTY. 425
Mr. SedgAvick, the contemplated additional mili
tary force was to be fifteen thousand men. In
the bill afterAvards reported by him, it Avas in
creased to twenty- five thousand. When the bill
carae to be acted on in the House, — on the 19th
of May, — successive motions were made for an
additional force of tAventy-five thousand, fifteen
thousand, and ten thousand men. They all failed ;
and the bill Avas finaUy rejected by a vote of fifty
to thirty.
The effort was afterwards renewed in the Senate;
and a bill, passed by that body for an addition of
ten thousand men to the military establishment, was
again rejected in the House, on the SOth day of
May, by a vote of fifty to thirty-two. In this bill,
it Avas proposed to give to the President a discre
tionary authority to raise the additional force, " if
circumstances shall, in his judgment, render it
necessary." The attempt was thus openly made to
put the weight of the President's great and deserved
popularity in the scale against the Constitution,
which, vests exclusively in Congress the poAver to
" raise armies." While the Rejiublican party op
posed, with manly firmness, these extraordinary and
unwarrantable measures, which there Avas nothing
in the character of the crisis to excuse, they con-
1794, " There is but one way for duty of an Araerican citizen, above
us to avoid troubles of the most .all, is to come to an absolute deter-
serious nature ; and that is, to deter- mination, that we will on no account
mine tliat we will not go to war." become a party in the war." — See
And again to another New-Eng- these letters in Memoirs, &c., by
land friend on the 3d day of May, Gibbs, vol. i. pp. 129, 136.
"During this interesting period, the

426 LIFE AND TIMES OF MADISON.
curred in every proper provision for the security of
the country in the contingency, hoAvever improbable
they deemed it, of a war Avith England. AVe feel
it to be due to the truth of history, as Avell as to the
claims of equal justice, to give here a brief extract
or two from a most able and eloquent vindication
of himself and his political friends, made by Mr.
Madison a year later, against accusations which
Avere industriously propagated by their Federal op
ponents at the time, and have since been counte
nanced by graver authority.
" The friends of the commercial propositions,"
says this noble and manly exposition, "appear never
to have admitted that Great Britain could seriously
mean to force a war with the United States, unless
in the event of prostrating the French republic ; and
they did not believe that such an event was to be
apprehended. Confiding in this opinion, to which
time has given its full sanction, they could not ac
cede to those extraordinary measures, which nothing
short of the most obvious and imperious necessity
could plead for. They were as ready as any to
fortify our harbors, and to fill our magazines and
arsenals : these were safe and requisite provisions
for our permanent defence. They were ready and
anxious for arming and preparing our mUitia : that
was the true republican bulwark of our security.
They joined also in the addition of a regiment of
artiUery to the military establishment, in order to
complete the defensive arrangements on our eastern
frontier. These facts are on record, and are the

MR. MADISON'S VINDICATION. 427
proper answer to those shameless calumnies Avhich
have asserted that the friends of the commercial
resolutions were enemies to every proposition for
the national security."
Adverting, then, to the other military measures
which Avere proposed, and showing their unconsti
tutional character in seeking to confer on the
executive powers which are expressly vested by
the Constitution in Congress, the vmdication pro
ceeds : —
" An attempt to answer these observations by ap
pealing to the virtues of the present chief magis
trate, and to the confidence justly placed in them,
will be little calculated either for his genuine pat
riotism, or the sound judgment of the American
people. The people of the United States Avould
not merit the praise universally allowed to their
intelligence, if they did not distinguish betAveen
the respect due to the man and the functions be
longing to the office. In expressing the former,
there is no limit or guide but the feelings of their
grateful hearts. In deciding the latter, they wUl
consult the Constitution ; they will consider human
nature ; and, looking beyond the character of the
existing chief magistrate, fix their eyes on the pre
cedent Avhich must descend to his successors. Will
it be more than truth to say, that this great and
venerable name is too often assumed for Avhat can
not recommend itself, and for what there is nei
ther proof nor probability that its sanction can be
claimed 1 . . . His truest friends Avill be the last to

428 LIFE AND TIMES OF MADISON.
sport with his influence, — above all for election
eering purposes ; and it is but a fak suspicion, that
they Avho di-aw most largely on that fund are hasten
ing fastest to bankruptcy in thek OAvn."
AA"e Avould gladly give other extracts, if our space
permitted, from this masterly production, Avhich re
calls by its dignity, its eloquence, and abUity, a
similar vindication by Somers, in 1694, of the policy
of himself and his friends, against the opposing
arguments of his adversaries ; ' and of Avhich it has
been well said, as may Avith equal truth be said of
Mr. Madison's production, " The AA'riter looked on
the events Avhich Avere passing before him with the
eye of a philosophical historian, as he looked on
the history of past ages with the eye of a practical
statesman." No one, who deskes to be adequately
informed of both sides of the stirring questions
Avhich divided political parties at this epoch of
American history, can, in justice to himself, faU to
read this poAverful exposition of Mr. Madison, in
connection Avith the vieAvs Avhich have been so
zealously and elaborately put forth on the opposite
side. It seems, indeed, by some mysterious fore
sight or guidance, to have been prepared as an
answer in anticipation — a most conclusive and sat
isfactory one, it seeras to us — to a portion of the
work of Chief-justice Marshall, published many
years later, in Avhich the learned judge exerts to
the uttermost his powers of plausible statement,
' The publication of Lord was in the form of an anonymous
Somers, like that of Mr. Madison, pamphlet.

DEPREDATIONS OF ALGERINE CORSAIRS. 429
and indulges, with far less reserve than usual, the
zeal of his political feelings.'
We turn now to a subject Avhich occupied much
of the deliberations of Congress at its present ses
sion, and Avhich Avas supposed also to have its
origin in the unfriendly policy of Great Britain
towards America. The Dey of Algiers had sud
denly commenced a piratical Avarfare on the com
merce and citizens of the United States. Portugal,
with Avhom the Dey was at Avar, but who sustained
the most friendly and mutually beneficial relations
Arith the United States, had hitherto, at compara
tively small expense, OAving to her geographical
position, maintained a fieet at the mouth of the
Mediterranean, Avbich effectually imprisoned the
Algerine corsairs Avithin the limits of that sea. All
at once, in the autumn of 1793, a truce for tAvelve
months Avas concluded by the British consul at
Algiers between the Regency, so called, and Port
ugal ; and the observance of the truce was guar
anteed by the British governnient.
This took the commercial Avorld by surprise, and
Portugal herself as much as any other part of it.
The American resident at Lisbon was assured by
the Portuguese Minister for foreign affairs, that,
although a desire had been expressed, sorae time
1 The portion of Judge Mar- Third Congress. Mr. Madison's
shall's Works here referred to is pamphlet was published, under the
the ninth chapter bf the second title of " Political Observations," in
volume of the Life of Washington, AprU, 1795, and is comprised in
pp. 289-330, in which he reviews the recent collection of his writings
and comments upon the proceed- printed by order of Congress, vol.
ings of the first session of the iv. pp. 485-505.

430 LIFE AND TMES OF MADISON.
before, to the British and Spanish governments for
the aid of their friendly offices to induce the Dey
of xllgiers to conclude a peace — a firm and lasting
peace — Avith Portugal, the truce had been con
cluded Avithout any authority from her, or even
consulting her ; and that no such step would ever
have been taken by the Portuguese governraent,
Avithout giving timely notice to all their friends,
that they might avoid the dangers to Avhich they
Avould be exposed by the AvithdraAval of the fleet
at the mouth of the Mediterranean. The great
body of the nation, the most influential classes
especially, manifested the greatest disgust at the
transaction, and regarded it as a species of treach
ery to their friends and a stain on the national
character.' The immediate, as well as obvious and incA'itable,
consequence of this truce Avas that, the Portuguese
fleet Avhich blockaded the mouth of the Mediterra
nean being AvithdraAvn, the Algerine corsairs darted
forth upon the Atlantic, and made prey of a large
number of American vessels and their crews, con
signing the latter to the same remorseless captivity
Avhich others of their countrymen had been under
going for years. When this subject was shortly
afterwards brought to the notice of the British
governraent, the Minister for foreign affairs. Lord
Grenville, without disavoAving the agency of the
British governraent in bringing about the truce,
^ See official communication of Lisbon, in Waite's State Papers,
Mr. Church, consul and resident at vol. x. pp. 278-290.

POLICY OF BEITISH GOVEENMENT. 431
but on the contrary distinctly adraitting that it had
been concluded under its instructions, declared,
with an air of great innocence, that " it had not
the least intention or thought of injuring the United
States thereby."
It is impossible to give credit to the British
government for the sincerity of this declaration,
without imputing to it an incapacity to compre
hend the simplest elements of cause and effect.
No one could have failed to foresee the inevitable
consequence to American coraraerce of what was
done ; and, the consequence being foreseen, it must,
upon every principle of rational interpretation, be
presumed to have been intended. It Avas, indeed,
but acting out in the detail, wherever its influence
could be brought to bear, and without regard to
the principles of national morality or public faith,
the system it had deliberately adopted of cutting
off all neutral coraraerce, and especially the com
merce of the United States, with France.'

' Judge Marshall, in his history ville," says Mr. Pitkin in his PoUt-
of this period, raakes a studious at- ical and Civil History of the United
tempt to exculpate the British gov- States, " disavowed any intention
ernment from all improper motives of injuring the United States ; de
in the negotiation of this truce. — daring that, being desired by their
Life of Washington, vol. ii. p. 296. friend and ally to procure a. peace
It gives us pleasure to set off with Algiers, the British govern-
against the apology of the chief- ment had instructed their agent to
justice, the manly and candid lan- effect this object, and thereby ena-
guage of an historical writer of the ble the Portuguese fleet to co-oper-
same political school, who has bet- ate with them against France ; and
ter succeeded in surmounting the that, finding a permanent peace
impressions of contemporary party unattainable, he had concluded a
controversies. truce for a short period. The Brit-
" The British Minister, Gren- ish Ministry, however, must have fore-

432 LIFE AND TIMES OF MADISON.
AA^'hen these occurrences were communicated by
the President to Congress, the subject was referred,
in the House of Representatives, to a Coramittee of
the AA^hole on the state of the Union, to consider
Avhat measures Avould be proper and expedient to
giA^e protection to American commerce against the
depredations of the Algerine corsairs. Two reso
lutions Avere reported by the Coraraittee of the
AA^hole, — the first, to appropriate a sum of money,
according to Avhat had become the general practice
of the ciAdlized states of Europe, to buy a peace
with the freebooters of the Mediterranean ; the
second, to equip a naval force adequate to the
protection of the commerce of the United States
against their depredations. Under the second reso
lution, a special committee Avas appointed to report
to the House what naval force would be necessary
for the purpose indicated, together with an estimate
seen, that this measure, in its immediate was never the dupe of Lord Gren-
consequences, woidd be fatal to Amen- ville's shallow diplomatic disa-
can commerce in the Atlantic, and that vowal. " The British Ministry,''
hundreds of American seamen must be he says, "as you will have per-
necessarily consigned to slavery. Nor ceived by Mr. Pinckney's letter to
is it possible to believe that it the secretary of State, whicli is just
should not have occurred to them, published, disclaim any hostile in-
that an Algerine fleet would also tention towards this country in the
co-operate in their favorite plan agency they liad in bringing ahout
against France. AVhatever were the truce between Portugal and
the real views of Portugal, she was Algiers. Yet the tenor of their con-
too dependent on Great Britain to duct in this business has been such,
refuse a ratification of the treaty." added to other measures, &c., &c.,
— Pitkin's Hist. U.S., vol. ii. pp. as to leave very unfavorable im-
402, 403. pressions of their friendship, and
The language of Washington, little to expect from their justice."
in his letter to Richard Henry Lee, — Sparks's Washington, vol. x.
before referred to, shows that he pp. 401, 402.

DEBATE ON REPORT OF COMMITTEE. 433,
of the expense, and of the ways and means of de
fraying it. The committee made their report on
the 20th January, 1794, recommending the build
ing and equipment of four frigates of forty-four
guns each, and of two of twenty guns each ; and
estiraating the aggregate expense at six hundred
thousand dollars.
The report of the special comraittee Avas taken
up for consideration on the 6th of February follow
ing, when Mr. Madison inquired whether there was
in the public stores a sufficient quantity of cedar
and live oak for building the proposed six vessels ;
and, being answered that there was not, he said,
" It was evident this fieet could not be got ready
for effective service in the course of the present
year ; " and that the first resolution reported by the
Committee of the Whole, proposing the application
of a sum of money to buy a peace with the piratical
power, afforded a much better prospect of an early
remedy, and ought to be first considered. He pro
ceeded to remark, —
" If the Algerines acted from their oavu impulse
in this matter, they were known to be in the habit
of selling a peace ; and, if they are willing to do
so, it might be purchased for less money than the
armament woiUd cost." On the other hand, if they
do not act from their own impulse, but upon the
instigation of Great Britain, the proposed arma
ment would be unavailing to force them to a peace.
The danger of a British war in that case, from the
risk of a collision on the ocean, would be infinitely
VOL. III. 28

434 LIFE AND TIMES OF MADISON.
greater than that which had been so much insisted
on as involved in the commercial resolutions. He
doubted, therefore, the expediency and propriety of
the proposed armament ; as the expense would be
very great, — much greater, it was to be appre
hended, than the estimate of the special committee,
— and there was but little prospect of reaping any
benefit from it.'
These were the distinct grounds on which Mr.
Madison, and a majority of his political friends,
opposed the proposition of a naval armament as an
expedient and proper means for terminating exist
ing hostilities with the regency of Algiers. After a
debate of several days, the proposition was carried,
in Committee of the Whole and in the House, by a
majority of two votes only ; but the bill, reported in
pursuance of it, was finally carried by a majority of
eleven votes.
To do justice to the different systems of action
proposed and advocated on this occasion, it is
necessary to go back to and realize the state of
things then existing. The United States were
wholly without a naval force : they had not a vessel
of war in comraission or on the stocks. No suffi
cient force could be created ab ovo, and gotten
ready in time for the emergency. The financial
resources of the United States Avere then exceed
ingly limited, and already heavUy bm-thened with
the debts of the Revolution, the expenses of a
1 See Mr. Madison's speech in p. 433 ; also pp. 437, 438, 441, 449-
Annals of Congress (1793-1795), 451.

CHARGE OF HOSTILITY TO A NAVY ANSWERED. 435
flagrant and bloody Indian war, and preparations
for the contingency of a possible European war
apprehended by many. In this state of things, a
vigilant economy in the public expenditure was
demanded. No question of national honor was in
volved in a settlement with barbarians, — a sort
of licensed sea-robbers, from whom the oldest and
haughtiest powers — Great Britain, France, Spain,
and the rest — were in the habit of purchasing peace
and immunity by the payment of tribute and ran
som money. This expedient, indeed, was the only
one that could be applied Avith effect to the most
interesting and urgent object of the American gov
ernment, — the release of its citizens already in
captivity, and suffering the most painful and cruel
thraldom. The subsequent course of events fully justified
and established the grounds of Mr. Madison's dis
sent from the proposition, as a provision for the
particular exigency. Instead of the frigates being
at their destined station, as it was asserted they
would be, in July or August of the current year,
the keel of only one of them was laid even in De
cember of that year, the timber for the rest being
stUl standing in the forest. Portugal, as Mr. Mad
ison foretold, permitted the truce to expire by its
own limitation, and afterAvards rencAved the block
ade of the Mediterranean against the predatory ex
cursions of the pirates ; and it tumed out also, as
he predicted, that the tribute and ransom money
appropriated by Congress was alone the agent

436 LIFE AND TIMES OF MADISON.
which put an end to piratical hostilities, and re
stored the captive exiles to their freedom and thek
country.' The question upon the adoption of this measure
has been strangely represented as involving this
general expediency of a navy ; and those who voted
against it have been held up in the mass as the
enemies of a naval establishment for the United
States under all circumstances.® This interpreta
tion is contradicted by the whole history of the
proceeeding, as well as by the limitations and re
citals incorporated with the act itself. Whatever
vague opinions may have been expressed by one or
two opponents of the measure, with regard to the
general expediency of a navy, there can be no
grosser injustice than to represent Mr. Madison,
and the body of those who acted Avith him, as the
enemies of a properly regulated naval establish
ment, commenced and developed as the resources
of the country should permit, growing with its
growth, and strengthening with its strength.
In the very first debate in the Congress of the
United States under the Constitution, he pro
nounced these pregnant words of a provident and
far-seeing statesmanship : " I consider the acquisi
tion of maritime strength essential to this country.
If ever Ave are so unfortunate as to be engaged in
war, what but this can defend our towns and sea-
' See Political Observations, 2 Marshall's Life of Washing-
pp. 22, 23; and President's Mes- ton, vol. ii. pp. 314^318; and Ham-
eages to Congress, of 28th Febru- ilton's Hist. Am. Eep., vol. v. pp.
ary and Sth December, 1795. 486-488.

ACCUSATION OP PARTIALITY TO FRANCE. 437
coast? . . . We have maritime dangers to guard
against ; and we can be secured against them no
other way than by having a navy and seamen of
our own." ' And in the Congress Avhich succeeded
the present, when peace with Algiers had been
concluded, and the question of finishing the frigates
that had been commenced Avas presented as one of
general policy, Ave shall see him and the bulk of
his political friends ranging themselves frankly and
firmly on the side of laying the foundation of a per
manent naval establishment.^
There was yet another proceeding of this im
portant session of Congress that has fm-nished to
party historians^ a topic of accusation and reproach
against Mr. Madison and his political friends, which,
we cannot but think, when correctly understood,
must appear in a very different light to the sober
judgment of an impartial posterity. A bill was in
troduced into the Senate, entitled " An act to pro
ride for the punishment of certain crimes against
the United States," which, Avhile very properly pro
hibiting the acceptance by citizens of the United
States of military commissions in the service of
either of the belligerent powers of Europe ; their
engagement as soldiers or mariners on either side
kl the existing war ; the fitting out and arming of
privateers and vessels of war, in the Avaters of the
United States, to cruise against the property or
1 Ante, chap, xxxvii. pp. 16, ' Marshall's Life of Washing-
17. ton, vol. II. pp. 326, 327 ; and Ham-
2 See Annals of Congress ilton's Hist. Am. Rep., vol. v. pp.
(1795, 1796), pp. 877, 891. 599-603.

438 LIFE AND TIMES OF MADISON.
subjects of either of the belligerents ; and the pre
paring and setting on foot any military expedition
or enterprise from the United States against the
dominions of any power with which they are at
peace, — contained also a provision prohibiting either
party in the war from selling in the United States
prizes made from the other, and directing all such
prizes to be promptly carried out of the country by
those who shall have brought them in.
This provision, though general and equal in
its terms, was, in its practical operation, directed
wholly against France. By the 17th article of the
treaty of coraraerce of 1778, she had secured the
right of bringing her prizes into the ports of
the United States ; and by the same article it Avas
expressly stipulated, that this privilege should not
be extended to any power Avith whom she might be
at Avar. This exclusive privilege being the result
of a formal treaty stipulation entered into previous
to the existing European war, and Avithout refer
ence to it, the rules of international law pronounced
that it could be properly permitted to France and
withheld from Great Britain, in virtue of the prior
conventional obligation, without any departure from
the principles of a just neutrality. Such was the
decision of the American government, duly notified
to both parties ; and although the stipulation re
ferred to did not expressly or necessarily carry with
it to France ¦ the right of selling her prizes in the
United States, yet as, in the judgment of the Pres
ident, after full official consultation, there was no

CLEAR AND VIGOROUS STATEMENT. 439
law, either of nations or the country, which forbade
it, he decided to permit the sale of French prizes,
when they were brought in under the sanction of
the treaty.'
This was the footing on which the subject had
stood, with the knowledge and conformity of aU
parties, ever since Great Britain became a party to
the war in February, 1793. France had been in
the undisputed enjoyment, dm-ing the whole of that
time, of the privilege of selUng as well as bringing
in her prizes, by the formal decision of the Amer
ican executive just mentioned. This privUege it
was now proposed to revoke by an act of the legis
lature, and to offer it up as a propitiatory sacrifice
to an imperious after-thought of the British gov
ernment. On a motion to strike out the provision,
the Senate was equally divided ; tAvelve being for,
and twelve against it. It was retained only by the
casting vote of the Vice-President, and by the same
casting vote the bill was passed and sent to the
House. When it was taken up, during the last day of the
session, in the latter body, a motion was made there
to strike out the same provision. In support of the
motion, Mr. Madison made the following lucid and
cogent statements : —
" A neutral nation may treat beUigerents un
equally, where it is in consequence of a stipulation
prior to the war, and having no particular reference
to it. It is laid down expressly by all of the best
1 See Hamilton's Works, vol. vi. p. 167. ^

440 LIFE AND TIMES OF MADISON. .
writers, that to furnish a military force to one of the
parties in pursuance of such a stipulation, without
a like aid to the other, is no breach of neutrality ;
and it amounted to the same thing, whether the
equilibrium Avas destroyed by putting an advantage
in one scale, or taking a pririlege out of the other.
The executive had expounded the law of nations
and our treaties in this sense, by leaving the sale of
French prizes free, and forbidding the sale of Brit
ish prizes.
" For'the legislature now to decide that we are
bound by the laws of neutrality to forbid the sale
of French prizes, would be to make themselves the
exclusive expositors of the law of nations ; to con
demn the exposition of the executive ; to arm Great
Britain with a charge against the United States of
having violated their neutrality ; and, what ought
to be particularly avoided, to arm her Avith claims
of indemnification for injuries done her by the
sale of prizes. Such a proceeding would be the
more impoUtic and extraordinary, as it could not
fail to give extreme disgust to the French republic,
by withdrawing a privUege which it had been deter
mined could be rightfully allowed ; and the British
Minister himself. Lord Grenville, had admitted in his
conversation Avith Mr. Pinckney, that Great Britain
had reason to be satisfied, on the whole, Avith the
conduct of the United States as a neutral nation."
These observations were too conclusive, and ad
dressed themselves too directly to the justice, the
common sense, and the manly dignity of the repre-

COURSE OF PARTIES ON FINANCIAL QUESTIONS. 441
sentatives of the nation, to be resisted. The section
was stricken out by a vote of forty-eight to thirty-
eight. Thus amended, the bill was returned to the
Senate,. Avhere the amendment Avas concurred in ;
and its other provisions, to Avhich no objection of
principle appears to have been seriously urged, be
came the law of the land by general assent.
The closing scenes of this eventful session of
Congress were occupied mainly with questions ¦
of finance. A committee of fifteen members had
been appointed to inquire whether any, ahd what
further, revenues are necessary for the support of
public credit ; and, if necessary, to report the ways
and means of raising such additional revenue. The
chairman of this committee was Mr. Smith of South
CaroUna, a zealous friend and supporter of the sec
retary of the treasury ; and among its raembers were
Mr. Ames, Mr. Tracy, Mr. Boudinot, Mr. Fitzsim
mons, Mr. Madison, and Mr. Baldwin of Georgia.
We are informed by the contemporary correspond
ence of Mr. Madison, that " this committee was mi-
fortimately composed of a majority infected by the
fiscal errors Avhich threaten so ignominious and
vexatious a system to our country ; " ' and again,
three or four Aveeks later, when the committee had
made their report, he says, " The report Avas the
work of a sub-comraittee in understanding Avith the
fiscal department, and is filled with a variety of items,
copied, as usual, from the British revenue laws." ^
1 Letter to Mr. Jefferson, 14th 2 Letter to same, llth May,
April, 1794. 1794.

442 LIFE AND TIMES OF MADISON.
The alleged danger of a Avar with England, and
the assumption that there Avould be, in any event,
a diminution of British imports during the current
year, oAving to the disturbed relations between the
two countries, and a consequent reduction of reve
nue from that source, were made the pretexts for a
long list of neAV taxes recommended by the secre
tary of the treasury and the committee. Among
these were a tax on carriages, stamp duties on the
ordinary transactions of life in an almost endless
multiplication of forms, excises on snuff and other
manufactures of tobacco, and on loaf and lump
sugars refined in the United States. So large an
addition to the fiscal burdens of the nation was be
lieved by the RepubUcan party to be AvhoUy unne
cessary, as they neither saAV any serious prospect
of a Avar with England, nor did they anticipate any
faUing-off of the usual revenue from her trade with
this country. On both of these points their views
were fully justified by the event.'
But, over and above these considerations, they
felt a strong repugnance to the large strides pro
posed to be taken in the extension of the odious
system of excise, Avhich, however sanctioned by the
letter of the Constitution, was so little in harmony
with its free spirit, that they believed a practical
resort to it could be justified only by a much clearer
and stronger case of necessity than was now pre
sented. With regard to the carriage-tax, besides
Other objections to it, the mode proposed of levying
1 See statement in PoUtical Observations, p. 23.

SECTIONAL TAUNTS IN DEBATE. 443
it as an indirect instead of a direct tax, was believed
to be in confiict with that provision of the Constitu
tion which prescribes the apportionment of taxes of
the latter description among the several States, ac
cording to their federal numbers ; and both it and
the tax on manufactured tobacco Avere of gross
and undeniable inequality, as bearing almost ex
clusively on the Southern and Middle States.
It was stated, in the course of the debate, that
there was not a single vehicle in the State of Ver
mont, and but two in the whole State of Connecti
cut, which would be subject to the carriage-tax ; '
and a distinguished member from Massachusetts, in
boasting the republican simplicity of his country
men, declared, somewhat tauntingly, that " the
Massachusetts merabers do not draAv incorae enough
from their funded stock to buy the oats for the
Southern members' coach-horses."® Another, in
the same vein, declared that " Massachusetts is
a land of equality beyond any on earth. Scarce a
man among them is rich enough to keep a coach,
and scarce one so poor as not to keep a horse." ^
Wliile the Republican party in the House of Rep
resentatives voted against these and similar un
equal taxes among the new ones proposed, they
gave their support to others of a less objectionable
character, although they did not believe them really
necessary for the support of public credit ; but they
1 See Annals of Congress 617 ; and his Life and Correspond-
(1793-1795), pp. 648, 653. ence, vol. i. p. 142.
^ See Mr. Ames's speech. An- ' Mr. Dexter, Annals of Con-
nals of Congress (1793-1795), p. gress (1793-1795), p. 628.

444 LUFE AND TIMES OF MADISON.
were willing, and indeed anxious, to provide every
reasonable " precaution against contingencies."^
Nothing impresses one more painfully, in a re
view of this portion of our annals, than the narrow,
sectional spirit manifested, not merely in the un
equal and partial imposition of the public burdens,
but in the frequent and offensive declaration of hos
tile prejudices against the Southern portion of the
Union, indulged by Eastem members, especially
those of Massachusetts, while lavishing self-com
placent eulogies on their own section. To remarks
of this character, directed against Virginia, Mr.
Madison, contrary to his wont, was moved to make
a brief reply, distinguished by a dignity and ele
vated decorum which commanded the respect of aU,
and gave a keener edge to the retributive allusions
it conveyed. " He felt," he said, " an aversion to all compar
isons. But, if they must be made, it was proper to
draw them with the strictest regard to truth. He
agreed with the gentlemen from Massachusetts, that
the citizens of that State were good republicans ;
but so were the citizens of other States. Laws
were fast equalizing the manners of Americans
all over the continent, and nowhere more rapidly
than in Virginia. The people there were not less
ti-uly republican than others. There had not been
a single instance of insurrection in that State since
the Declaration of Independence, nor any resist
ance to the laws. Excise, indeed, had been very
1 Political Observations, p. 23.

EEPLY TO ASSAULTS ON VIRGINIA. 445
unpopular in the Southem States compared with
what it Avas in the Eastern. But for this there was
a very good reason. The tax was not only one to
which they had not been accustomed ; but it fell
rauch more heavUy upon the Southern than upon
the Eastern States, where it was likewise familiar.
The people of Vkginia had never been discon
tented, even when paying heavy taxes, at the
amount of the taxes themselves. Their dissatis
faction arose from the knoAvledge, that but a small
part of the taxes ever went into the public treas
ury." AVith this noble vindication of his State, and
sUencing rebuke to the illiberal spirit of her assaU
ants, Mr. Madison passed to the general discussion
of the subject before the House. When these
questions of revenue and finance were at last dis
posed of, an adjournment on the 9th day of June,
1794, put an end to the memorable ffi-st session of
the third Congress of the United States.

CHAPTER L.
Resistance to Execution of Excise Law in Western Pennsylvania — Views
of the President — Opposite Conduct and Policy pursued by the Sec
retary of the Treasury — The Effect of his Measures to foment In
surrection — Proceedings of Insurgents — President reluctantly issues
his Proclamation, calling forth the Militia — Visits Headquarters of
the Militia, and inculcates Spirit of Subordination to the Civil Au
thority — Governor Lee, of Virginia, placed in Command — Secretary
of the Treasury, upon his Earnest Application, accompanies the
Expedition — Vindictive Spirit m.anifested by him against Messrs.
Gallatin, Findley, and Smilie — Arbitrary Proceedings of Militia
Officers encouraged by him — No Body of Men under Arms any
where found — Militia return to their Homes and are disbanded —
Secretary of Treasury urges making Examples, by Capital Punish
ment, of some of the Ignorant and Deluded People seized under his
Instigation — President grants a. General Pardon — During these
Transactions, Mr. Madison, in Recess of Congress, at his Home in
Virginia — His Marriage in September, 1794 — Rare Personal and
Social QuaUties of Mrs. Madison — Congress re-assembles in Novem
ber — Speech of the President — Manly and Patriotic Address, in
Answer to the Speech, drawn by Mr. Madison — Denunciation of
"Democratic Societies" by Congress urged, with Great Vehemence,
by Federal Leaders — Opposed, on Constitutional Principles, by Mr.
Madison, and defeated — A Standing Armj- in Contemplation of the
Federalists, as an Instrument for enforcing the Laws — History of
the Project in Contemporary Letters of Mr, Madison — Law extend
ing Period of Probationary Residence for Naturalization of Foreigners
passed under his Auspices — His Parliamentary Discussions marked
(especially during the Present Session) by a Pregnant and Condensed
Brevity — Resemblance of his Manner to that of Somers — His

PASSAGE OF THE EXCISE LAW. 447
Candor and Fairness extort Acknowledgment and Applause of his
Opponents — Interesting Private Correspondence and Interview be
tween him and Mr. Dexter of Massachusetts.
Congress had hardly adjourned, when the public
mind, reraitted to a momentary calm from the con
tagious excitement of parliamentary controversies,
was destined to be yet more seriously agitated by
rumors of overt resistance to the laws, and the din
of military preparations, on the part of the govern
ment, to suppress popular discontents, which had
broken out into acts of riot and disorder. Among
the fiscal measures proposed by the secretary of the
treasury, in his celebrated report on public credit,
was an excise on domestic distilled spkits, — a tax
odious, not only by its traditions in the country from
which it was derived, but by its rude interference
with the habits, wants, and convenience of a large
portion of the American people. When submitted
to Congress at its second session after the adoption
of the Constitution, it Avas rejected by a very de
cisive vote. The secretary, nevertheless, stUl urged
it upon Congress ; and at the following session, in
consequence of this repeated and eamest pressure,
it was granted, — eAddently with great reluctance,
and with confident vaticinations, from quarters not
unfriendly to the government, of its unhappy effects
upon the public mind in many parts of the Union.
A member,' known to be a personal and political
friend of the secretary, declared " that such was
the present state of the public mind in various parts
1 Mr. Steele, of North Carolina.

448 LIFE AND TIMES OF MADISON.
of the Union, that he should dread taking any
measures Avhich might serve to increase the fer
mentation Avhich the people were in. An excise
he considered of this nature. It Avould, in its
operation, produce the Avorst consequences. A
more exceptionable mode of taxation, he conceiA^ed,
could not be devised. A direct or poll tax would
not be so odious ; and though for his own part
he would prefer an excise to either of the former
taxes, yet such was the aversion of the people to
it, that he should choose almost any other alter
native." Within a few months after the passage of the
law, the public dissatisfaction with it Avas demon
strated in various forms ; and it soon became appa
rent, that it would be exceedingly difficult to carry
it into execution, unless very raaterial modifications
of it were made. The President, in his Message
to Congress at its meeting in October, 1791, was
forced to adA'ert to these indications of public dis
content; and, in doing so, laid down, in the fol
lowing noble language, the golden rule of a wise,
paternal administration in a republican govern
raent : —
" If there are any circumstances in the law,
which, consistently with its main design, may be
so varied as to remove Avell-intentioned objections
that may happen to exist, it will consist with a
Avise moderation to make the proper variations. It
is desirable on all occasions to unite, with a steady
and fkm adherence to constitutional and necessary

POLICY OF SECRETARY OF TREASURY. 449
acts of government, the fullest evidence of a dispo
sition, as far as may be practicable, to consult the
wishes of every part of the community, and to lay
the foundation of the public administration in the
affections of the people."^
This sage advice did not accord with the princi
ples or temper of the secretary of the treasury. In
answer to the numerous petitions and memorials
addressed to Congress against the law, which,
together with two resolutions moved by his oavu
friends, were referred to him for consideration and
a report thereon, he entered into an elaborate vin
dication of the justice and policy of the obnoxious
tax, and endeavored to show that the objections to
it were, in almost every instance, without founda
tion.^ Very few alterations were made in the law,
and those not of a nature to divest it of its unpop
ular character. A leading member of Congress,
from that portion of the Union where the objec
tions to the law had assumed the greatest promi
nence, has left an instructive contemporary history
1 There is so remarkable a co- pies on which he conceived the
incidence between the wise maxim government should be adminis-
of administration here laid down by tered ; and added that other gentle-
Washington, and that so eloquently men may have had other ideas on
urged by Mr. Madison in closing the subject, and may have con-
the debate on the Bank BiU in sented to the ratification of the
February, 1791, that we cannot Constitution on different principles
refrain from exhibiting them in and expectations. He considered
close connection. Animadverting the enlightened opinion and affections
on the doctrine, in favor of "an of the people the only solid basis for the
energetic administration of govern- support of this government." — Ann.
tnent," inculcated by the patrons Cong. (1789-1791), p. 2011.
and advocates ofa national bank, — ^ gge report of the secretary, of
"Mr. Madison stated the princi- the 5th of March, 1792.
VOL. III. 29

450 LIFE AND TIMES OF MADISON.
of those transactions, in which the foUowing state
ment appears : —
" When the report was made, few of such
amendments Avere proposed as I had advised.
Some of them I endeavored to introduce in the
House, and succeeded so far as to have the tax
made one cent lower than the secretary reported.
But this did not equalize it Avith the tax on other
spirits, in proportion to the then selling prices in
the market ; much less did it answer the political
purpose of reconciling the people to it." '
The neAV law was passed on the Sth of May,
1792 ; and it was in the month of August following
that those combinations to obstruct its execution
took place in the western counties of Pennsylvania,
which have been already noticed,^ and which led to
the executive proclamation of the 15th of Septem
ber, 1792. The tax had excited a lively and exten
sive dissatisfaction through all the States south of
New York ; but it was in the four counties of Penn
sylvania lying west of the Alleghany mountains,
that the spirit of opposition was most violent, giving
rise to numerous public meetings to discountenance
a compliance with the law, and in some instances
breaking out into tumults and disorder. The proc
lamation issued on that occasion at the instance of
the secretary of the treasury, and prepared by him,
admonished all persons to desist from irregular
1 Fmdley's History of the In- 2 Ante, chap. xl,t., and page
Burrection in Pennsylvania, pp. 264.
274, 275.

POLICY OF SECRETARY OF TREASURY. 451
combinations to obstruct the operation of the laws ;
and announced the solemn determination of the
govemment " to put in execution all lawful ways
and means for bringing to justice tbe infractors
thereof, and securing obedience thereto."
And yet repeated instances of a forcible resist
ance to the law, and a persevering refusal to com
ply with its provisions, were allowed to go on for
the space of tAvo years raore, without employing the
ordinary, and then all-sufficient, means furnished by
the judicial tribunals of the country to bring the
offenders to justice ; or, if in any instance such
means were resorted to, it Avas in so bungling and
desultory a manner, OAving to the negligence or in
competence of the agents employed, that they ter
minated in ridiculous abortion, which served only
to embolden the offenders to still greater outrage.
The secretary himself, in an official report to the
President,' adraits that the failure " to establish ex
amples of punishment " — a failure which he vainly
endeavors to excuse, by "the idea of giving time
for the law to extend itself in scenes where the dis
satisfaction Avith it Avas not the effect of an im
proper spirit " — had greatly added to the poAver,
as well as boldness, of the opposition in the more
distm-bed districts. There is too rauch reason to be
lieve that the secretary, prepossessed Avith the theory
that the coercion of the sAvord, and not the peace
ful coercion of the laAv, constituted the true remedy
for the disorders of the State, Avas not unAvUling
1 Ofthe Sth of August, 1794

452

LIFE AND TIMES OF MADISON.

to see the spkit of license increase by impunity,
until it should bid defiance to every means of re
pression but the strong arm of mUitary power,
which he desked to employ.'

1 This is boldly charged against
the secretary, and the charge sus
tained, by significant facts, in Find-
ley's History of the Insurrection,
pp. 73, 74, 223-226, 273, 274, and
299, 300. To the array of facts
there presented, and the inferences
deducible from them, may be added
the foUowing corroborative evi
dence. That Colonel Hamilton
believed the Constitution of the
United States as it came from the
hands of its framers, and indeed
that all repubUcan government,
was radically defective in the re
quisite energy ; and that he looked
forward with eagerness to some
"crisis," as he caUed it, or civil
convulsion justifying a recourse to
the sword, as the only means of sup
plying what he considered so fatal
a defect — is abundantly shown by
the private correspondence both
of himself and of his intimate
friends. Gouverneur Morris, the
most confidential, perhaps, of all
his friends, in a letter addressed to
Colonel Aaron Ogden in 1804, says,
" Colonel Hamilton well knew that
his favorite form, monarchy, was in
admissible, unless as the result of
civil war ; and I suspect that his
belief in that which he called an
approaching crisis arose from a con
viction that the kind of government
raost suitable, in his opinion, to this
extensive country, could be estab
lished in no other way." — Life and
Correspondence of G. Morris, vol.

III. p. 217. See, to the sarae effect,
a letter of later date (1811), from
Mr. Morris to Mr. Walsh (idem,
p. 261) ; and a remarkable letter of
Colonel Harailton himself, to Mr.
Rufus King, written a year or two
before his death, in Hamilton's
Work's, vol. VI. p. 530.
That Colonel Harailton also
saw, or iraagined that he saw, in
the troubles of Western Pennsyl
vania, if they were permitted to
ripen to a well-defined crisis, a
favorable opportunity of applying
his sovereign remedy for the de
fects of the Constitution, is in like
manner abundantly shown by
contemporary revelations of his
avowed opinions and plans of poli
cy. In the consultations of the
cabinet on the course to be pur
sued towards the disaffected dis
trict, he proclaimed the startling
dograa, that " a government can never
be said to be established until some sig
nal display has manifested its power
of military coercion ; " and, with ref
erence to the sarae subject, he ex
pressed the wish that " the people
asserabled at Braddock's field had
burnt Pittsburg, as they threatened
to do," that the less scruple might
be felt respecting the coveted em
ployment of force. (Official letter
of Edmund Randolph, secretary of
State, to the President, 5th August,
1794 ; and his " Vindication," p.
64.) Thus closely, though perhaps
unconsciously, did the secretary of

EESISTANCE TO EXECUTION OF EXCISE LAW. 453
Thus it was that when, at last, he made a shoAV
of resorting to the process of the courts, which had
been so long neglected or permitted to be set at
naught, the malcontents arrayed theraselves in
flagrant resistance to the authority of the law ;
while the violence, temerity, or unpopularity of the
officers eraployed in its execution furnished to
the excited multitude every provocation to bring
on the fuial conflict. The marshal of the court,
being in company with the inspector of the rev
enue who had rendered himself universally odious,
was flred upon ; the house of the inspector, from
which shots were flrst directed, with fatal effect,
upon a mob that approached it, was burned and
destroyed ; and, under the angry and bloody pas
sions thus kindled, a large assemblage of the people
took place, a few days afterwards, on a spot (Brad
dock's fleld) already rendered meraorable by the
disasters of foreign and savage war, before the birth
of the republic, — some of them arraed, and the
great body of them apparently actuated by a deter
mination to resist, at every hazard, the execution
of the obnoxious law. The consummation, so long
preparing, was at last reached. A judge of the cir
cuit court of the United States gave the certiflcate
required by law, that " the execution of the laws
Avas obstructed by a combination too powerful to be
the treasury copy his prototype, " I have two ends in view, either
Strafford, who, when viceroy of of which wiU suit me : absolute sub-
Ireland, and pursuing the measures mission to his majesty's demands,
which led to the horrible rebeUion or a just occasion for breach. The
of 1641, coolly told his parliament, first wUl be best for you."

454 LIFE AND TIMES OF MADISON.
suppressed by the ordinary course of judicial pro
ceedings;" and, on the 7th day of August, 1794,
the President issued his proclaraation, announcing
his intention to call forth the railitia for the enforce
ment ofthe laws, unless the disorderly and treason
able opposition to them should cease ; and calling
upon the insurgents, and all persons connected with
them, to disperse and retire to thek respective
homes on or before the ffi-st day of Septeraber
ensuing. This step was taken, with the deepest pain and
reluctance, by the President. But, upon a full
and anxious consideration of the circumstances of
the case, " the high and irresistible duty consigned
to him by the Constitution, ' to take care that the
laws be faithfully executed,' and his solemn oath
' to support, defend, and preserve the Constitution,'
left him, in his judgment, no alternative." To avert,
if possible, at the last moment the painful necessity
of an ultimate resort to force, he accompanied his
proclamation Avith the appointment of commission
ers, charged to repair to the scene of disorder ; and
by conciliatory appeals to the duty and better feel
ings of the inhabitants, and the promise of pardon
to such as should give satisfactory assurance of
obedience to the laws, to bring them back, by their
own reflections, to the demeanor of faithful and good
citizens. Although many most gladly complied with
the conditions required of them, the short time to
which the visit of the commissioners was limited
did not produce sufficient evidence of a general and

WASHINGTON'S RESPECT FOE CIVIL AUTHORITY. 455
unequivocal return to peaceful and orderly senti
ments, to justify, in the opinion of the President,
an abandonment of the measures which had been
taken by him with so much reluctance.
The bodies of militia — assembled from the four
States of Ncav Jersey, Pennsylvania, Maryland, and
Virginia, amounting to flfteen thousand, and placed
under the coramand of General Lee, governor of
the last-named State — were therefore permitted to
proceed on thek destination. The President, Avho
visited thek headquarters at Carlisle and Curaber
land before thek departure, in order to infuse into
them the proper spirit of citizen-soldiers, no less
than to inspect their military condition, took the
fm-ther precaution, when about to retm-n to the seat
of government, to enjoin upon them, through a
public letter which he addressed to thek com
mander, a punctilious observance of the laws, and
a sacred respect for the rights of peaceable and
unarmed citizens. " The province of the military
in a free government," he said, " is conflned to two
objects : flrst, to combat and subdue all who may
be found in arms in opposition to the national avUI
and authority ; secondly, to aid and support the
civU magistrates in bringing offenders to justice.
The dispensation of this justice belongs to the civU
magistrate ; and there let it ever be our pride and
glory to leave the sacred deposit inviolate." In
another letter, addressed, a short time after, to the
secretary of the treasury, who accompanied the ex
pedition, he repeated with emphatic earnestness,

4:56 LIFE AND TIMES OF MADISON.
" Press the governors to be pointed in ordering the
officers under their command to march back with
their respective corps, and to see that the inhab
itants meet with no disgraceful insults or injm-ies
from them."
Such was the tender and watchful solicitude of
Washington to guard the rights of the citizen, while
firmly but reluctantly employing the military arm
to uphold the laws against those whom a spirit of
intemperate zeal or seditious violence had arrayed
in opposition to Ihem. The very fact of a recur
rence to force, however necessary it had become
under the circumstances of the case, Avas to him a
most distressing and mortifying one. In his speech
to Congress at the opening of its session, he said,
" To array citizen against citizen, to publish to the
world the dishonor of such excesses, to encounter
the expense and other embarrassment of so distant
an expedition, Avere steps too delicate, too closely
interwoven Avith many affecting considerations, to be
lightly adopted. I postponed, therefore, the sum
moning of the militia immediately into the field."
His highest ambition, the cherished aira of his life,
had' ever been to see the laws of his country resting
for their support on the voluntary obedience and
affections of the people, and not on the terrors
and uplifted arm of power. In answer to an ad
dress of the inhabitants of Carlisle, while on his
visit to the army, he said most feelingly and touch
ingly, " In any case in which it may become neces
sary to raise the sword of justice, I shall deprecate

A/XNDICTIVE SPIEIT OF THE SECEETAEY. 457
the necessity of deviating from a favorite aim, —
that of establishing the authority of the laAvs in the
affections of all, rather than in the fears of any."
His whole conduct in the trying scenes through
which Ave have followed him Avas in harmonious
keeping Avith these sentiments, — the inspiration of
a generous and noble mind, and gracefully befitting
the position and character of a republican chief-
magistrate. Very different, however, were the feelings of
hira upon Avhom devolved the iramediate execution
of the measures of the government. The secretary
of the treasury, upon the plea that the laAv Avhich
was resisted Avas one that particularly concerned
his departraent, and that he Avas the principal and
responsible adviser of the course uoav pursued,
earnestly requested to be permitted to accompany
the expedition.' This request, hoAvever unbecom
ing, could not well be refused ; and the spkit of the
secretary, though without any special authority del
egated to him, prevailed in every act and movement
of the expedition. That this spirit was one of deep
and brooding resentment against the refractory op
posers of the law, their suspected leaders, and even
the authorities of the State which Avas the scene
of the disorder ; and of an eager desire to assert the
military power of the government, — is too plainly
manifested by the now^published correspondence of
the secretary, to admit of any plausible doubt.
In a letter of the 22d September, 1794, to an in-
1 See his letter to the President, Hamilton's Works, vol. v. p. 30.

458 LUFE AND TIMES OF MADISON.
tiraate personal and political friend, he says, " The
returns from the western counties of this State are
just come to hand. Notwithstanding a valuable
division, they shoAV a great number still uncomply
ing and violent, so as to afford no appearance of
submission to the .laws without the application of
force. It will give you pleasure to learn, that there
is every prospect of our being able to apply this
effectually, and of the issue being favorable to the
authority of the laws. It will occasion a large bUl
of costs ; but what is that compared with the ob
ject f " In another letter of later date to the same
friend, while recommending a process of outlawry
against those of the offenders who may have
escaped, to compel them to abandon their property,
houses, and country, he says, " This business must
not be skinned over. The political putrefaction
of Pennsylvania is greater than I had any idea of.
AVithout rigor everywhere, our prosperity is likely
to be of very short duration ; and the next storm
wUl be infinitely worse than the present one." '
When the expedition penetrated into the country
which had been recently agitated by the opposition
to the excise, it found no body of armed citizens to
make war upon ; nor, indeed, a single individual
under arms. The expedition turned out to be, as
it was epigrammatically described at the time, " a
war upon unarmed men at their ploughs."^ The
military, having none of that vocation for them
1 Letters to Eufus King, Ham- 2 Letter of Mr. Jefferson. — See
ilton's Works, vol. v. pp. 610, 611. his Writings, &c., vol. iii.

AEBITEARY PEOCEEDINGS. 459
Avhich has been said to make " ambition virtue,"
were employed in the degrading office of surprising
unarraed raen in their beds at night, and dragging
them forth without any process of law to authorize
it ; the secretary alleging it to be a principle of the
common law, that " every person may, of right,
arrest a traitor."^ In this raanner, men of inno
cent lives, and even of meritorious conduct in the
late commotions, were hurried off from their horaes
and families, thrown together in damp cellars or
other rude and unwholesome places of confinement,
tied back to back, and subjected to every species of
outrage and indignity.^
From day to day the secretary coraraunicated to
the President, with great apparent satisfaction and
complacency, these novel and successful operations
of the army, of which he was believed to be the
animating soul, if not official director. One day
he writes, " I hope good objects for punishment
will be found, notwithstanding raany have gone
off." Of a distinguished citizen of Western Penn
sylvania, he says, " It is proved that Brackenridge
did not -subscribe'the conditions of amnesty till after
the day, and that he has been the worst of all
scoundrels."^ Three other distinguished citizens
of that part of Pennsylvania — Messrs. Gallatin,
Findley, and Smilie (the last two then members of
Congress, and the other destined soon to be, and to
1 Hamilton to the President, ^ See Findley's History, &c.,
Sth November, 1794. — See Ham- pp. 203-209.
Uton's Works, vol. v. p. 51. ^ HamUton's Works, vol. v. p. 51.

460 LIFE AND TIMES OF MADISON.
take rank with the first statesraen of America)—
were also objects of the fiercest resentment of the
secretary, from their knoAvn disapprobation of, and
constitutional opposition to, the favorite measures of
the treasury. Every effort was made by him, though
in vain, to bring them under the penalties of his
ever- ready denunciation of " traitors."'
On the llth November, 1794, he AA'rites to the
President, " To-morrow the measures for appre
hending persons and seizing stills Avill be carried
into effect. I hope there Avill be found characters
for examples, or who can be made so." Four days
later he writes, " A number of persons have been
apprehended. TAventy of them are in confinement
at this place ; others have not yet arrived. Several
of them in confinement are fit subjects for ex
amples ; and it is probable, from the evidence al
ready collected, and what is expected, that enough
will be proved." On the 17th of Noveraber he
communicates the grand result of the operations
of the army in " one hundred and fifty arrests " of
I See Findley's History, &c., men mentioned in the text : " All
pp. 228-230, 236, 237, and 239-249. the great rogues, who began the
The feeUngs of the secretary were mischief, have submitted and be-
never more truly reflected than in come partisans of government.
the language of Oliver Wolcott, Findley, SmiUe, Gallatin, &c., are
comptroller of the treasury, who of this class. The principles of
was in daily relations of the most justice and policy required that
intiraate confidence with his chief, these men should be hanged; but,
and who adopted without reserve as they have deserted their party,
both his passions and opinions. the punishment will fall upon per-
This friend and confidant of the sons less criininal and influential."
secretary, in a letter of the 23d — See Gibbs's Memoirs, &c., vol. i.
September, 1794, to his father, thus p. 159.
ferociously denounces the gentle-

WISDOM AND HUMANITY OF WASHINGTON. 461
unarmed and unresisting citizens ; out of whom, he
again writes, on the 19th, the day of his setting-out
on his return to PhUadelphia, " there is a sufficient
number of proper ones for examples, and with
sufficient evidence." '
And yet, of this long list of predestined victiras,
over which the secretary seeraed to gloat with the
keen and insatiate appetite of a Jeffreys, but two
men, ignorant and obscure, were found guilty of
treason ; and they were pardoned by the President,
who subsequently proclaimed a general amnesty to
all that had been accused of participation in the
so-called insurrection, using these memorable words
in his communication to Congress on the occasion :
" Though I shall always think it a sacred duty to
exercise, with firmness and energy, the constitu
tional powers with which I ara vested, yet it ap
pears to me no less consistent with the public good
than it is Avith my personal feelings, to mingle, in
the operations of the government, every degree of
moderation and tenderness which the national jus
tice, dignity, and safety may permit."® Thus did
the serene Avisdom and humanity of the President,
true to the glorious title of " Father of his country,"
avert from it a flood of bitterness and calamity,
Avhich the headlong spirit of despotism and intem
perate vengeance seemed' to be preparing for it.
While these agitating scenes, of which Mr. Mad-
1 The letters here referred to ^ President's speech to Con-
wiU aU be found in HamUton's gress, December, 1795.
Works, vol. V. pp. 51-65.

462 LIFE AND TIMES OF MADISON.
ison was a distant but anxious spectator, were pass
ing on the public stage, a change, of the deepest
interest to him, occurred in his private relations.
On the 15th day of September, 1794, he Avas mar
ried to Mrs. Dorothea Payne Todd, who, for the
space of forty-two years, till the close of his event
ful life, was the faithful and tender companion of
his bosom, the partner of his joys and sorrows, and
the ornament, as Avell as helpmeet, of his house
hold. This lady, besides a graceful and attractive
person, Avas endowed with a sAveetness of temper,
and an unvarying tact and good sense, Avhich fltted
her eminently to play the part that devolved upon
her in the future elevated fortunes of her husband ;
diffusing around her, in the Presidential mansion
and in the social circles of Washington, an atmos
phere of smiles and good humor, in which every
sentiment of political animosity was for the time
extinguished and forgotten. She was a native of
Virginia, having removed, Avith her parents, from
that State to the city of Philadelphia, Avhere at an
early age she married a member of the Pennsyl
vania bar, Mr. Todd, who soon after died, leaving
her an only son. The veil of early Avidowhood did
not conceal her attractions. Among the rival can
didates for her affections, Mr. Madison, then in the
zenith of his parliamentary fame, Avith the advantage
of a winning address and rare colloquial accorapUsh
ments, became the favored object of her choice.'
1 The marriage of Mr. Madison county of Frederick, at the house
took place in Virginia, in the of Mr. Steptoe Washington, who

THE PRESIDENT'S SPEECH TO CONGRESS. 463
Soon after his marriage, he was called to resume
his duties in Congress, which had adjourned to the
3d day of November; but, owing to the failure
of the Senate to form a quorum before the 18th of
November, the President's speech to the two
Houses Avas not delivered until the 19th. The
painful events which had recently occurred, and
led to the armed intervention of the government,
formed, naturally, the principal topic of the speech.
In retracing the origin and progress of those
events, the President referred to " certain self-
created societies, Avhich assumed the tone of con
demnation " toAvards the government, as having
exercised an evil influence in the district Avhich
was the scene of the commotion. This allusion,
from the context in which it stood, plainly referred
to those local associations of the district which
had been formed to defeat the operation of the
excise law. In a subsequent part of the speech, a
more general allusion was made to " combinations
had previously married a sister of " Present my best respects to Mrs.
Mrs. Todd. Connected thus with Monroe and Eliza, and tell them I
the family of General Washington, shall be able, on their return, to
she was a relative also of Patrick present them with a ne\r acquaint-
Henry, who always took pride in ance, who is prepared by ray repre-
recalling the relationship. We sentations to receive them with all
have seen in what terms Mr. Madi- the affection they merit, and who,
son congratulated Mr. Monroe on I flatter myself, will be entitled to
his marriage a few years before. theirs. The event which puts this
— Ante, vol. II. p. 107. He now in ray power took place on the 15th
announced his own marriage in a of September. We are at present
letter from Philadelphia to that inhabitants of the house which you
gentleman, residing at the time in occupied last winter, and shall con-
Paris, as Minister of the United tinue in it during the session of
States, in the language of their in- Congress."
timate and affectionate relations :

464 LIFE AND TIMES OF MADISON.
of men," exciting " suspicions and jealousies of the
Avhole government," which, in its natural interpre
tation, Avas applicable only to political associations.
The associations Avhich were the special object
of the latter allusion were understood to be the
Democratic societies (so called) that had sprung
up in various parts of the couutry soon after the
arrival of M. Genet, for the professed object of
sustaining the principles of liberty and of the Con
stitution, and which indulged in very free and often
intemperate animadversions on the measures and
policy of the government in all its branches.' The
President entertained the belief, that the inflamraa
tory proceedings of these societies tended to excite
a general discontent araong the people, and there
by to foment a spirit of opposition to the laws.
1 The Democratic societies here its secretaries. A circular, issued
mentioned, which possess a certain on the fourth of July, 1793, under
historical celebrity in our annals, the sanction of these well-known
embraced in their origin many and distinguished names, together
men distinguished for learning and with a copy of the constitution of
social worth, who seemed to have , the society, adopted the 30th of
been alarmed for the cause of lib- May of the same year, wiU be found
erty throughout the world by the in the " United-States Gazette,"
despotic corabinations of Europe, Philadelphia, of the 13th July,
and the encroachments threatened, 1793. In the progress of the excit-
as they thought, in Araerica. The ing events of the day, raen of more
Democratic society of Pennsylva- violent passions becarae connected
nia, probably the first formed in with the society, especially in its
the United States, had for its Presi- affiliated branches ; and, after a
dent the illustrious Rittenhouse ; few years, the whole organization,
for its Vice-Presidents, William as both General Washington and
Coats and Charles Biddle ; James Mr. Madison foresaw and declared
Hutchinson, Alexander J. Dallas, would be the consequence of intem-
Michael Leib, Jonathan D. Sar- perance and overheated zeal in
geant, and David Jackson, for its their proceedings, fell by the
committee of correspondence ; and weight of public opinion, and dis-
J. Porter and P. S. Duponceau for appeared from the poUtical scene.

SPIRIT. OF THE PEESIDENT'S SPEECH. 465
But he deemed too highly of the inestimable priv
ilege of the people, in a republican governraent,
to freely examine and comment on the conduct and
measures of the public functionaries, ever to have
thought of arraigning before Congress, for their
action, the exercise of that privilege, however
Abusive or extravagant any particular instance of
it might appear to him to be. He was persuaded,
also, that " these things wUl Avork their own cure ; " '
and he meant only to invite the people themselves,
in their ovvn unbiassed judgment, to consider what
might be the dangers of carrying to excess even the
most vital and unquestionable of their rights.
Such, indeed, was the obvious and unequivocal
import of his language. " To every description of
citizens let praise be given. Let them persevere in
their affectionate vigilance over that precious depos
itory of American happiness, — the Constitution of
the United States. . . . And when, in the calm mo
ments of reflection, they shall retrace the origin and
progress of the insurrection, let them determine
whether it has not been fomented by combinations
of men who, careless of consequences, and disre
garding the unerring truth, that those who rouse,
cannot always appease, a civU convnlsion, have dis
seminated, from an ignorance or perversion of facts,
suspicions, jealousies, and accusations of the whole
government." But, however just and constitutional were the in-
' See letter to Burgess BaU, Sparks's Washington, vol. x. p.
Esq., 25th ' September, 1794, 438.
VOL. III. 30

466 LIFE AND TIMES OF MADISON.
tentions of the President in his incidental allusion
to this subject, the anti-republican party in Con
gress were so eager to flnd an occasion, under the
shadow of his great name, to denounce their oppo
nents, and to attack the freedom of opinion and
discussion secured to the people by the Constitution,
that they resolved to wrest his words to a significa
tion and purpose for Avhich they were never meant.
in the address of the Senate in answer to the speech,
the proceedings of " the self-created [^democraticl
societies " were stigraatized as not only founded in
political error, but " calculated, if not intended, to
disorganize the government itself." Mr. Madison,
as usual, was appointed chakman of the committee
of the House of Representatives to prepare the ad
dress of that body ; and with him were associated
Mr. SedgAvick of Massachusetts, and Mr. Scott of
Pennsylvania. The same attempt which had so
readily succeeded in the Senate, under the impul
sion of its Federal leaders, with a compliant major
ity, was made in the committee of the House, to
fulminate an anathema, in the name of the repre
sentatives of the people, against these " self-created
societies." But the attempt Avas nobly met and re
pelled by Mr. Madison.
Pie reported to the House, with the sanction of a
majority of the committee, the draft of an address,
in Avhich, while the resistance to the laws Avas char
acterized in indignant and becoming language, and
a, hearty homage paid to the conduct of the Presi
dent in its repression as at once firm and humane,

ANSWER TO PEESIDENT'S SPEECH. 467
no allusion was made to the proceedings or opin
ions of political associations among the people ; they
not being deemed by the committee proper subjects
for legislative action, or intended by the President
to be so presented.
"We feel Avith you," says the address of Mr.
Madison, " the deepest regret at so painful an
occurrence in the annals of our country. As men
regardful of the interests of humanity, we look Avith
grief at scenes which might have stained our land
with civil blood. As lovers of public order, we
lament that it has suffered so flagrant a violation ;
as friends of republican government, Ave deplore
every occasion which, in the hands of its enemies,
may be tumed into a calumny agauist it.
" This aspect of the crisis, however, is happily
not the only one Avhich it presents. There is
another Avhich yields all the consolations you have
drawn from it. It has demonstrated to the candid
AVorld, as well as to the American people them
selves, that the great body of the latter everywhere
are equally attached to the vital principle of our
Constitution, Avhich enjoins that the avUI of the
raajority shall prevail ; that they understand the in
dissoluble union between true liberty and regular
government ; that they feel 'their duties no less than
they are Avatchful over their rights ; that they will
be as ready at all times to crush licentiousness, as
they have been to defeat usurpation.
" These are the just inferences flowing from the
promptitude Avith Avhich the summons to the stand-

468 LIFE AND TIMES OF MADISON.
ard of the laws has been obeyed, and from the
sentiments which have been Avitnessed in every de
scription of citizens in every quarter of the Union.
The spectacle, therefore, when viewed in its true
light, may well be affirmed to display, Arith equal
lustre, the virtues of the American character and
the value of republican government. All must par
ticularly acknowledge and applaud the patriotism
of that portion of citizens who have freely sacri
ficed every thing less dear than the love of their
country to the meritorious task of defending its
happiness. " In the part which you have yourself bome
through this delicate and distressing period, we
trace the additional proofs it has afforded of your
solicitude for the public good. Your laudable and
successful endeavors to render lenity in executing
the laws conducive to their real energy, and to con
vert turault into order without the effusion of blood,
form a particular title to the confidence and praise
of your constituents. In all that may be found
necessary, on our part, to complete this benevolent
purpose, and to secure the ministers and friends of
the laws against the remains of danger, our due co
operation will be afforded."
These loyal and manly declarations of the ad
dress, strong and unequivocal as they were in
condemnation of the insurrection, and in ardent
approval of the measures of the executive for its
suppression, did not fulffi the party views of the
Federal leaders. They had made up thek minds

DEBATE ON "DEMOCRATIC SOCIETIES." 469
to be satisfied with nothing short of a sweeping,
legislative proscription of the democratic societies,
under the name of " self-constituted societies," for
the freedom with which they had exercised the
right of the people, in a republic, of condemning
or approving the acts of the government, according
to their independent judgment. When the address,
therefore, was taken up for consideration, Mr. Fitz
simmons of Pennsylvania, as the organ of his party,'
moved as an amendment the following addition to
the reported draught : —
" We cannot withhold our reprobation of the self-
constituted societies Avhich have risen up in some
parts of the Union, raisrepresenting the conduct of
the government and disturbing the operation of the
laws ; and Avhich, by deceiving the ignorant and
the weak, may naturally be supposed to have stim
ulated and urged the insurrection. "
This araendment, slightly modified by the moA^er,
became the subject of Avarm debate, both in Com
mittee of the Whole and in the House. On the one
side, there was a vehement arraignment of the
1 Colonel Hamilton generally impropriety, of this intrusion upon
dictiited all the measures of the the deliberations of the legislative
Federal party in Congress. When department, he concluded his letter
,Mr. Fitzsimmons's resolution was with saying, " These facts may be
offered, he had not returned from asserted as founded upon good
his expedition to Western Pennsyi- proof and information recently re-
vania; but, the very day of his ceived, though it would not be con-
arrival in Philadelphia, he ad- sistent with decorum to name me.
dressed a letter to that gentleman. Make what use you please of this,
prompting him with facts and argu- and communicate it to other
ments to support the resolution, friends." — See this letter in Hist.
and urging its prosecution. Feel- Ara. Rep., &c., &c., vol. vi. pp.
ing the deUcacy, if not absolute 123, 124.

470 LEFE AND TIMES OF MADISON.
democratic societies, as tending to excite a distrust
of the administration of the government, and to
produce a spirit of disaffection among the people.
On the other, Avithout any attempt to justify the in
temperance of those societies, but on the contrary
admitting in many cases the excesses into which they
had been led, and disavowing all affiliation with
them, the opponents of the amendment saAV, in
the proposed legislative denunciation, a dangerous
attack on a vital principle of the Constitution and of
republican liberty. Mr. Madison thus lucidly and
forcibly summed up his objections to the amend
ment : —
" When the people form a constitution of gov
ernment, they retain those rights which are not
expressly delegated. It is a question whether
what is thus retained can be legislated upon.
Opinions are not the objects of legislation. You
propose to animadvert on the abuse of reserved
rights. How far will this go"? It may extend to
the destruction of the liberty of speech and of the
press. It is in vain to say that this indiscriminate
censure is no punishment. Whether it falls on
classes or individuals, it will be a severe punish
ment. He wished it to be considered how ex
tremely guarded the Constitution is, in respect to
cases not within its limits. . . ."
If we advert to the nature of republican govern
ment in general. Ave shall find the censorial power
is in the people over the government, and not in
the government over the people. As he had con-

DEFEAT OF PROPOSED AMENDMENT. 471
fidence in the good sense and patriotism of the peo
ple, he did not anticipate any lasting evU to result
from the publications of these societies. They will
stand or fall by the public opinion. No line can be
drawn in this case. The law is the only rule of
right. What is consistent with that, is not punisha
ble. What is not contrary to that, if not innocent,
is at least not censurable by the legislative body."
The struggle upon the proposed amendment was
continued, with doubtful and varying success, for
nearly a whole week. In Committee of the Whole,
a motion to strike out the words " self-constituted
societies," which formed the bone of contention
between parties, Avas carried by a vote of forty-seven
to forty-fiA'e. Afterwards in the House these words
were reinstated by an exact reversal of the former
vote ; forty-seven being uoav for retaining them, and
forty-five against. A further amendment was then
made by a divided vote of forty-six to forty-six, in
which the speaker, siding with the yeas, gave them
a majority, restricting the reinstated words to " the
four western counties of Pennsylvania and parts ad
jacent." The proposition of Mr. Fitzsimmons being
thus divested of its application to the democratic
societies generally, which gave it its Avhole value
in the eyes of its Federal supporters, there Avere
but nineteen votes given in favor of his amendment
as amended, when the question recurred upon its
adoption ; and so the victory, which seemed at one
time in the hands of the Federalists, was finaUy
wrested from them by thek Republican opponents.

472 LIFE AND TIMES OF MADISON.
Thus happily terminated a crisis fuU of perU to
republican institutions in America. Universal expe
rience has shown, that nothing favors the growth of
despotism in a country so much as a revolt against
the authority of the laws, when once crushed by the
arm of poAver. In all ages, the greatest friends of
despotism, in practice, have been the reckless advo
cates or artful instigators of popular violence and
licentiousness. When the rash attempt at revolu
tionary redress for public grievances, often entered
upon Avithout counting the cost, or the probabilities
and means of success, has failed, the stimulus of re
venge is superadded to that of ambition on the side
of the triumphant party ; and new and plausible
pretexts for the indulgence of both are drawn frora
the recent convulsions, and the necessity of guard
ing against thek recurrence by a strong hand and a
watchful eye.
Mr. Madison, writing to his friend Mr. Monroe,
then in Paris, makes the foUoAving sagacious reflec
tions Avith regard to the recent events in America: —
" You will learn frora the newspapers and official
communications the unfortunate scene in Western
Pennsylvania, Avhich unfolded itself dm-ing the re
cess. . . . The event Avas, in several respects, a
critical one for the cause of liberty ; and the real
authors of it, if not in the serrice, were in the most
effectual manner doing the business, of despotism.
You Avell knoAV the general tendency of insurrec
tions to increase the momentum of poAver. You
wUl recollect the particular effect of what happened

USIELUENCE OF BRITISH EXAMPLE. 473
some years ago, hi Massachusetts. Precisely the
same effect was to be dreaded, on a larger scale,
in this case. There Avere enough, as you may Avell
suppose, ready to give the same turn to the crisis,
and to propagate the same impressions from it."
AV^hat added to the danger of the crisis in Amer
ica Avas the contemporary example of the English
governraent in the treatment of sirailar disorders,
and the habitual proneness of a large party in this
country to foUoAv blindly in the footsteps of English
precedent. Never since the reign of the Stuarts
had there been such high-handed raeasures pursued
by a British Minister to repress the freedom of
opinion, as by Mr. Pitt after the breaking out of the
French revolution, under the pretext of guarding
against the inroad of French anarchical principles.
Proclaraations against sedition, calling forth the
militia to suppress iraaginary insurrections ; arrests,
imprisonraents, and prosecutions for constructive
ti-eason, — had become almost the daily expedients
of his government.' It so happened that in this,
very year he inaugurated a formal Avar agauist cer
tain popular societies, whose professed objects were
parliamentary reform and redress of grievances, by
1 See particularly proclama- riots ; followed by the prosecution
tion of 21st May, 1792_ against and cruel punishment of Muir,
dispersion of seditious writing, foi- Palraer, and others in Scotland. —
lowed by the wanton prosecutions Belsham's Great Britain, vol. viii.
of Holt and Winterbotham ; and pp. 429-431, and pp. 500-504;
another of 1st December, 1792, call- idem, vol. ix. pp. 78-80. Also
ing forth the militia to suppress an British Annual Register for years
alleged insurrection, where there 1792, 1793.
was nothing but one or two sUght

474 LIFE AND TIMES OF MADISON.
arresting a dozen or raore of their raembers upon
charges of constructive treason, seizing thek pa
pers, and sending doAvn a denunciation of them to
Parliament, as engaged in a conspiracy against the
very existence of the government.'
Under the infiuence of the panic which the Min
ister had created and assiduously fostered out of the
Gorgon terrors of the French revolution, he had no
difficulty in commanding overAvhelming raajorities
in Parliament for Avhatever measures he proposed ;
and a bill for suspending the great remedial writ
of habeas corpus Avas promptly carried by a vote
of five to one. At the same time superserviceable
addresses Avere voted by both Houses to the king,
assuring him of their loyalty and deterraination
to punish the participators in the conspiracy laid
before them, and to invest him with additional and
extraordmary powers for the suppression of at
tempts against government.^ This display of what
was called energy in govemment Avas too attractive
from the source whence it emanated, and too much
in harmony with the avoAved and well-known prin
ciples of the great Federal leader in America, not
to kindle the zeal and enlist the efforts of the whole
party. Happily, as we have seen, the effort to initiate
the British policy in America, by a war upon the
democratic societies for the boldness with which
they had exercised the freedom of opinion, Avas
defeated. What further measures might have been
1 12th May, 1794. '¦! See British Annual Register for 1794, p. 276.

CAREER OF USURPATION CHECKED.

475

attempted by a triumphant party in the intoxication
of power, if this first attempt had succeeded, Ave are
left to conjecture. If the English expedient of a
suspension of the habeas corpus had not been ven
tured upon, the Sedition and Alien BUls, Avhich it
required four more years of arbitrary counsels to
bring to maturity, would in all probability have
now antedated their existence in history.'

1 The noble repulse which the
British Minister, all powerful as he
seemed to be by the vast influence
of the crown and the support of
obedient majjorities in Parliament,
finally met with before the great
bulwark of British freedom, the
trial by jury, must not be forgotten
as probably one of the causes
which contributed to check for a
time the career of Federal usurpa
tion in America. 'The raembers
ofthe popular societies arrested by
him in May, 1794, and sent to the
Tower on a charge of constructive
treason for exposing the corrup
tions that had crept into the British
government, and advocating their
reform by a more equal represen
tation in ParUaraent, were brought
to trial in October and November,
1794. The first of the prisoners
put on his deliverance was Thoraas
Hardy, a poor London shoeraaker,
who happened to be the secretary
of one of the obnoxious societies.
From the vital issues of constitu
tional Uberty involved, the trial of
this obscure and humble tradesman
of the city of London attr.acted not
l^ss of public interest, and of a
crowded and eager attendance of
persons of the highest as well as

the lowest rank, than the impeach
ment of AVarren Hastings, the offi
cial oppressor of rich and raagnifi
cent provinces, which was still
dragging its slow length along
before the most august tribunal of
the kingdom.
The prosecution of the poor
London shoemaker was opened, iu
a most labored nine hours^ speech,
by Sir John Scott, afterwards Lord
Eldon and Lord High Chancellor
of England. He was defended, and
most nobly defended, by that elo
quent and indomitable champion
of the constitution of his country,
and of the dignity aud freedom of
human nature, Thoraas Erskine.
The trial continued through eight
long and anxious days, at the end
of which the jury brought in a
verdict of acquittal. Never was a
verdict more cheering to the hearts
of British freemen, or more honor
able to the British name and con
stitution. It resounded from the
halls and purlieus ofthe Old Bailey,
where it was received with rever
berating plaudits, to the remotest
corners of Europe and America ;
animating the friends of liberty, and
depressing in the same proportion
the partisans and artificers of des-

476 LIFE AND TIMES OF MADISON.
There is every reason also to believe, that at one
time a standing army was in serious contemplation,
as the ordinary and only reliable instrument for
carrying the laAvs into execution. Mr. Madison, in
a letter to Mr. Jefferson of 16th November, 1794,
says, " AA'hen I first arrived here, the conversation
ran high for a standing army to enforce the laws."^
But to this favorite scheme of the Federal leaders
it Avas apprehended an insuperable obstacle would
be found in the stern principles of the President.
He had shown, Avhen the suggestion of military
force to carry the laws into execution Avas ffi-st
brought to his mind, tAvo years ago, by the secretary
of the treasury, hoAv deeply he was irabued Avith
the salutary and enlightened jealousy of om- ances
tors in regard to a standing army in time of peace.
It was not forgotten how emphatically he then said,
" Not only the Constitution and laws must strictly
govern, but the employing of the regular troops
must be avoided, if it be possible to effect order
without their aid." In his late speech to the two
Houses of Congress, he had expressly pointed to
the militia as the true constitutional instruraent
for overcoming a resistance to the laAvs, and ear
nestly recoraraended to Congress the devising a
more perfect system for their organization, to qual-
potism, wherever its echoes were and independence of the human
heard. The acquittal or discharge mind.
of the other prisoners, araong whom i See, to the same effect, his
was the celebrated John Home letter to Mr. Monroe of 4th De-
Tooke, immediately followed, and cember, 1794, Madison's Writings,
crowned this great triuraph of con- vol. ii. p. 24.
stitutional Uberty and of the dignity

A STANDING AEMY IN CONTEMPLATION. 477
ify them for this and their other constitutional
functions. A committee, of which Mr. Giles was chakman,
was appointed to take charge of this subject,
and appears to have devoted itself earnestly and
assiduously to the task. Such, however, was the
disgust manifested by many members of the House
at the very name of militia, notwithstanding the
patriotism and zeal displayed by them in the late
crisis, and such the predilection felt for the simpler
and more manageable machinery of a standing
army, that the bill reported by the committee en
countered cavils and opposition at every step, and
was finally given up in despair. A leading Feder
al member from New England gave utterance to
the predominant feeling of his party in these
words : " Some people pretend to be jealous of the
New-England members, as attached to a standing
army. The reason why they are so is because
they despair of ever seeing a mUitia that Avill be
worth a farthing." In fit association with this dis
paragement of the constitutional safeguard of a
repubUc, he added the following remarks, betray
ing an inveterate hostility to the popular founda
tion on which republican government rests : " He
thanked God that the government of the country
was not left entirely to the House of Represent
atives, for he believed they would make most
wretched work of it. There were other branches
likewise. As to weakening the army for fear that
it should enslave us, he thought it like a man

478 LIFE AND TIMES OF MADISON.
blunting the edge of his axe, for fear that he should
cut his foot Avith it." '
AAvhile this opposition was manifested to the
plans for improving the organization and efficiency
of the militia, eA'ery effort Avas made, by increased
pay and extravagant bounties, to keep up the reg
ular army to the extreme limit of the establishment
authorized by laAv ; although the recent victory of
AVayne, virtually putting an end to the Indian Avar;
an actual treaty concluded Avith the tribes of the
Six Nations ; and the report, generally credited, of
the amicable settlement of the difficulties Avith Great
Britain, — afforded the soundest reasons for a re
duction. The bill for keeping up the full numbers
of the establishment Avas, nevertheless, zealously
pushed and triumphantly carried. The animus Avith
which this Avas done, on the part of many of its sup
porters, may be inferred from the following contem
porary narrative by Mr. Madison of Avhat passed in
the progress of the measure through the House of
Representatives : —
" The present military estabUshment will be con
tinued and completed, notwithstanding the late
treaty with the Six Nations, the success of AVayne
against the other tribes, and the disappearance of all
ominous symptoms in the aspect of Great Britain.
I am extremely sorry to remark a growing apathy
to the evil and danger of standing armies. A vote
passed two days ago, not only the evidence of that,
1 Speech of Mr. Wadsworth of Connecticut, Annals of Congress,
under date of 13th. February, 1795.

TEEM FOR NATURALIZATION EXTENDED. 479
but, if not the effect of unpardonable inattention,
indicating a temper stUl more alarming. In the
military acts now in force, there are words limiting
the uses of the army to the protection of the fron
tiers. The bill lately brought in revised the Avhole
subject, and omitted this limitation. It was pro
posed to reinstate the words. [The proposition
was made by Mr. Aladison.J This was rejected by
a large majority. It Avas then proposed to substi
tute another phrase, free from the little criticisms
urged against the first proposition. The debate
brought out an avoAval, that the executive ought to
be free to use the regular troops, as well as the
militia, in the support of the laAvs against our own
citizens. NotAvithstanding this, the amendment was
lost by eight votes. The House Avas very thin ; and
it is supposed a majority Avould haA'e been in favor
of the amendment, if all the members had been
present. The mischief is, however, irremediable,
as the Senate will greedily swallow the bill in its
present form. This proceeding is the more ex
traordinary Avhen the President's speech and the
answer of the House of Representatives are recol
lected and compared Avith it." '
The rest of the proceedings of this Congress re
lated mainly to various ineffectual schemes for a
reduction of the public debt, and a proposition in
troduced by Mr. Madison, and finally carried by his
exertions, for extending the probationary residence
for acquiring to foreigners the rights of American
1 Mr. Madison to Mr. Jefferson, 15th February, 1795.

480 LIFE AND TIMES OF MADISON.
citizenship, frora two to five years. The part taken
by him in the discussion of these subjects, as weU
as in all the debates of this session, while of great
weight and influence on the deliberations of the
House, bore one uniform and striking character
istic. His speeches Avere of extraordinary and
pregnant brevity ; in no instance, probably, consum
ing more than flfteen or twenty minutes in the de
livery. Yet, brief as they Avere, they embraced
every thing necessary to the intelligent solution of
the questions Avhich they treated. They Avere ad
dressed to the central and turning point of the
debate, rejecting every thing collateral or subordi
nate. Like that on the proposed amendment of
the address to the President respecting the demo
cratic societies, of which Ave have given the outline
from the contemporary reports of the debates of
Congress, they present to the student of our parlia
mentary annals models of luminous and vigorous
condensation, recalling the celebrated speech of
Somers in the case of the seven bishops, of which
it has been strikingly said, he spoke but little more
than five minutes, and when he sat down his repu
tation as an orator and constitutional lawyer was
established.' At the same time his parliamentary discussions
preserved a tone of philosophical fakness and honest
candor Avhich extorted the confidence and respect
of his political opponents. Of this we have a proof
before us, so honorable to both parties, that we
1 Lord Macaulay's History of England

INTER ATIEW WITH MR. DEXTER. 481
cannot refrain from presenting it to our readers.
Among the Federal members of Congress during
this session, none Avas more distinguished for elo
quence, zeal, and ability, than Samuel Dexter of
Massachusetts. In conjunction Avith these brilliant
qualities, he had an intemal fund of magnanimity
and manliness, which enabled hira, in the apprecia-
tioii of kindred though rival merit, to rise superior
to the prejudices of party. He and Mr. Madison,
in the maintenance of their respective opinions,
often encountered each other in the field of debate.
Feeling painfully the difference of opinion with one
whom he personally respected so much, and being
about to leave Congress Avithout any expectation of
retummg to it, he solicited an interview Avith Mr.
Madison, for the purpose of learning from his own
lips, in the unreserved confidence of private inter
course, the grounds of their differing creeds.
Mr. Madison cordially concurred in the proposed
interview, which took place a few days afterwards
in his own house. Of Avhat passed at that inter
view, Ave have no record. But that it left on
Mr. Dexter's mind durable impressions of the in
tegrity and patriotism of Mr. Madison's political
course, may well be inferred from the fact, that
at a subsequent period, when Mr. Madison, as the
head of the govemment, Avas engaged in a crit
ical and doubtful conffict with hostile powers at
home and abroad, Mr. Dexter, nobly renouncing
every inferior consideration connected with party
ties, came boldly to his support in the vindication
VOL. III. 31

482 LIFE AND TIMES OF MADISON.
of the national rights and honor. As every thing
is of interest relating to so rare an instance of rau
tual candor and magnanimity in the midst of party
strife, as the interview Ave have referred to between
these two distinguished political opponents, we sub
join below the only memorials which survive of it,
in the letters of the parties proposing and accept

ing it.

NOTE.

The letter of Mr. Dexter, proposing the interview, was in these
terms : — Philadelphia, 3d Febraary, 1795.
Sir, — The subject of this is confidential. I have lately been told by a gen
tleman well acquainted with j'ou, that he believed you were of opinion that a
part of America is systematically struggling for a government incompatible with
equal rights, and that your political conduct is governed by this apprehension.
This has induced me strongly to wish for a conversation with you, if perfectly
agreeable to you, confidential or not, as you may choose.
Then stating the different opinion he entertained, he proceeds, —
My respect, and that of the public, for your talents and integrity, have ever
induced me to wish exceedingly for knowledge of the motives for your present
line of politics, when compared with j'our former measures. A confidence that
the motives are proper prevents me from feeling it indelicate to ask an explana
tion; and an expectation that neither my constituents nor myself shall consent
to my being here another session, makes this the only time to receive it. If the
proposed interview be perfectly agreeable to 3'ou, I will thank you for the infor
mation, and the time when it will be convenient. If on any account it is other
wise, I am content to know it, without assigning any reason, or even by silence.
I am, sir, with great respect, your obedient servant, Samuel Dexteb, Jk.
Mr. Madison's answer was as follows : —
Philadelphia, Sth February, 1795.
Sir, — Your letter of the Sd instant did not fall into my hands till late last
evening. .\8 the conversation you propose can on no account be objectionable
tp me, I shall concur in it with the pleasure I ought to feel in complying with
your wishes. Perhaps I ought myself to wish for an opportunity of removing
one at least ofthe impressions you are under, which may not do full justice to
the consistency between my present and former line of politics.
As you refer the time of our being together to me, I will take the liberty of
isking your company at dinner on Sunday en famille, if you are unengaged for

INTERVIEW WITH MR. DEXTER. 483
that day ; and after dinner we can be conveniently alone, and free from interrup
tion. I should have proposed an earlier day, but that is the first 1 can command.
I remain, very respectfully, your obedient servant, James Madison, Jr.
To this Mr. Dexter replied by a few lines on the same day, cordially
accepting the invitation of Mr. Madison, and apologizing for having
assumed as a fact in his first note the supposed change in Mr. Madison's
poUtical opinions and conduct, which the party misrepresentations of the
day had unjustly charged upon him.

CHAPTEE LL
Colonel Hamilton, after repeated Postponements, at length resigns OfBce
of Secretary of Treasury — Motives of his Retirement — Upon his
Recommendation, Oliver Wolcott, ComptroUer in the Department,
appointed his Successor — Character of Wolcott — General Knox
resigns Oflice of Secretary of War, and is succeeded by Tiraothy
Pickering — His Character as drawn by his Political Associates —
Retrospect of Mr. Jay's Mission and Diplomacy in England — His
Instructions — Though deliberately sanctioned by the President, and
approved by a Majority of the Cabinet, not concurred in by Colonel
HamUton — Outrages of British Agents in America — Indignant Let
ter ofthe President to Mr. Jay on the Subject — Wonderful Successes
of the French Arms, and consequent Change in the Haughty Spirit
of the British Government, invite to a Manly Assertion of our Rights
— Mr. Jay's Meraorial to Lord Grenville, pubUshed in the American
Newspapers, excites Disgust by its Humiliating Tone — Letter of Mr.
Madison on the Occasion — In his Audience of Reception bythe King,
Mr. Jay accommodates himself to the Royal Suggestion, that the
United States and England ought to be Friends in the Common Cause
of Order and Religion against the Atrocities of the French Republic —
Mr. Jay's Conduct contrasted with that of his Predecessor, Mr. Adams,
on a similar Occasion — A Treaty, contrary in several Iniportant Re
spects to his Instructions, at length concluded by him — Submitted
by the President to the Senate, who, by a bare Constitutional Majority,
advise its Ratification — A Copy of the Treaty communicated to the
Press by Mr. Stevens Thompson JMason, one of the Senators of Vir
ginia — Outline of its Provisions — The Public Prepossessions against
it greatly increased by Knowledge of its Contents — Forcible and
Indignant Commentaries upon it in a Letter fi-om Mr. Madison to
ChaneeUor Livmgston of New York, and in another addressed to Mr.

RESIGNATION OF COLONEL HAMILTON. 485
DaUas of Pennsylvania — Extreme Embarrassment of the President,
who entertains Many and Strong Objections to the Treaty — British
Government having renewed its Order for the Seizure of American
Vessels laden with Provisions to France, he resolves not to ratify
the Treaty until the Order is revoked — An Intercepted Dispatch of
the French Minister, Fauchet, professing to give Account of Conver
sations held with American Secretary of State, Randolph, put by the
British Minister in the hands of Wolcott, Secretary of the Treasury,
to be used by him to promote the Ratification of the Treaty — The
President, then at Mount Vernon, urged to retum to the Seat of Gov
ernment without Delay — Conduct of Messrs. Wolcott and Pickering
in this Transaction — Dispatch carefuUy withheld from Knowledge
of Secretary of State, and placed in the Hands of the President the
Moment of his Arrival in Philadelphia — The Impressions which, un
explained, it makes on the Mind of the President, induce him at once,
notwithstanding his Objections to the Treaty, to ratify it — Deep
Reluctance with which he comes to this Conclusion freely expressed in
his Confldential Correspondence with his Friends — Considerations by
which he was influenced — Randolph, under a sense of Personal and
Oflficial Maltreatment, promptly resigns Office of Secretary of State.
During the session of Congress just elapsed. Col
onel Hamilton at last carried into execution his fre
quently announced and as oft-postponed resolution'
of resigning the office of secretary of the treasury.
This resignation took place on the 31st of January,
1795. It was preceded by a flourish of trumpets,
in the form of a communication to the speaker of
the House of Eepresentatives, challenging a fur
ther investigation, if it should be deemed neces
sary, into his otficial conduct. Eeasons have been
already given why this resignation would have
come with a far better grace, and infinitely more
I See his letters to the Presi- May, 1794, Sparks's Washington,
dent of 21st June, 1793, and 27th vol. x. pp. 293 and 414.

486 LIFE AND TIMES OF MADISON.
propriety, at an antecedent period, when his great
rival and associate in the executive councils retired;
and Avhen his oavu retireraent, at the same time,
would have left the President free and able to re
construct his cabinet according to its original plan.
Whatever may have been the motives which deter
rained his Avithdrawal at this time, the step was
evidently taken without the least intention of re
nouncing political pursuits ; for his political activ
ity, as Ave shall hereafter see, was never greater
than after his resignation of the treasury depart
raent ; and it appears, by a confidential letter of his
to a friend and relative in Scotland, that he con
sidered office in this country, from the prevailing
jealousy of official station, and what he repre
sented to be the progressive decline of executive
authority here, an impediment rather than an aid
to political ambition.'
' The letter here referred to will them, an elaborate and prolix com
be found in Hist. Ara. Rep., &c., munication on the public finances,
vol. VI. pp. 193, 194. Though Colo- suggesting various new, and some
nel Hamilton exercised an immense of them questionable, provisions
and almost unparalleled influence for the further support of public
over his party, out of as well as credit. When the bill respect-
in ofl[ice, he had, very soon after ing the public debt came to be
the date of this letter, very conclu- acted on, several of these provi-
sive, and what was to him most sions, to which he attached espe-
galling, proof of the different weight cial value, were opposed by lead-
possessed by a man in private life, ing members of his own party,
and when invested with the author- he having then retired from oflice,
ity and patronage of ofiice. Just and were lost. (See remarks of
before the consummation of his Mr. Hillhouse, Mr. Goodhue, and
resignation, but after he had sent Mr. Fitzsimmons, in the Annals of
it in to the President, to take effect Congress, under date of the 18th
at an early day, he ventured upon February, 1795.) His bitter and
theextraordinary step of addressing indignant denunciations on' the
to Congress, without any call from occasion deserve to be cited, as

APPOINTMENT OF OLIVER WOLCOTT.

487

Colonel Hamilton Avas succeeded in the treas
ury department by Oliver Wolcott, Jr., who had
been first auditor, and then comptroller, of the
treasury ; Avhich latter position he held at the time
of Colonel Hamilton's resignation. The President
was doubtless induced to appoint hira by his long
familiarity with the official routine, and Avhat
Colonel Hamilton called the " merely executive
operations of the department." ' The extreme dis
couragement the President had raet with in his
multiplied efforts to fill the departraent of State, at

instructive illustrations of his char
acter, and especially of the intoler
ance and unsparing severity with
which he treated his political
friends, when they presumed to
dissent from his recommendations
or opinions. On the 18th of February he
wrote to his fidus Achates, Mr. Sedg
wick, " Every moraent's reflection
increases my chagrin and disgust
at the failure of the propositions
concerning the unsubscribed debt.
... I pray you let the yeas and
nays separate the wheat from the
chaff." To Mr. King, on the 21st
February, he pours out his wrath
in these burning words : " The
unnecessary and capricious and
abominable assassination ofthe national
honor, hy the rejection of the propo
sitions respecting the unsubscribed
debt in the House of Representa
tives [a rejection in which the
Federal members above mentioned
played the decisive part], haunts
me every step I take, and afilicts
me more than I can express. . . .
Am I, then, more of an American

than those who drew their first
breath on American ground ? . . .
Am I a fool, a romantic Quixote 'i
or is there a constitutional defect in the
American mind"? Were it not for
yourself and a, few others, I could
adopt the reveries of De Paux as
substantial truths, and say with
him that there is soraething in the
cUraate which belittles every ani
mal, human or brute." In another
letter to the sarae gentleman of 26th
February, he makes specific denun
ciations by name : " So it seems that
under the present adrainistration
of the departraent, Hillhouse and
Goodhue are to be Ministers in the
House of Representatives, and Ells
worth and Strong in the Senate.
Fine work we shall have ; but I
swear the nation shall not be dis
honored with impunity." — HaraU-
ton's Works, vol. v. pp. 624-626.
1 See the importunate letter of
Colonel Hamilton to the President
in 1791, urging the appointment of
Wolcott as comptroller of the treas
ury. — Hamilton's Works, vol. iv.
pp. 467-469.

488 LEFE AND TIMES OF MADISON.
the period of Mr. Jefferson's retirement, with a
successor of the highest and most commanding
qualifications, left him no hope of better success on
the present occasion ; and he felt himself reduced
to the necessity of taking as successor to the treas
ury department one presumed, from his experience,
to be adequately versed in the technical details, at
least, of the office, and with whom he might hope to
tide over the brief remnant of his administration.
To a man of the large soul of Washington, this
was a most painful and mortifying position ; but
there seemed no remedy for it. Possessing no
personal knoAvledge of the character of Wolcott
(for his intercourse with the subordinate officers of
government Avas ahvays exceedingly liraited), he
Avas obliged to trust to the representations of those
about him ; and especially of Colonel Hamilton,
so long the head of the department. A hint, given
more than a year before from a different quarter,'
that Mr. Wolcott bore the character of a " cunning
man," had, no doubt, passed from his meraory.
But we shall be greatly mistaken if it does not soon
appear, in the progress of this narrative, that the
ncAv secretary's proficiency in the little arts and
chicanery of this " crooked wisdom," as it has been
aptly called by a great philosopher and profound
observer of human nature, constituted in truth his
whole fund of statesmanship. " Nothing doth
more hurt in a state," says the same great author
ity, - " than that cunning men pass for wise."
1 Mr. Jefferson. — See his Writings, vol. iv. p. 494. 2 Bacon.

TIMOTHY PICKERING SECRETARY OF WAR. 489
About the same time, the resignation of General
Knox called for the appointment of a new secre
tary of war. Here, again, the President was ham
pered by the same disheartening considerations
which limited the scope of his selection in the case
of the treasury. Driven, by his recent experience,
to despair of obtaining a successor who would
bring with him the large and liberal attainments
of a counsellor and minister of State, he Avas con
strained to look only for those special qualifications
adapted to the strict business routine of the va
cant department, and to look for them where he
could probably coraraand them. In Mr. Timothy
Pickering, then filUng the post-office department,
but who had been successively adjutant-general,
member of the board of war, and quartermaster-
general of the army during the war of the revolu
tion, he reasonably expected to find the requisite
qualifications for a mere secretary at war.
But Avith these professional qualifications were
unfortunately united a bitterness and violence of
political prejudices, a narrowness of vieAvs, and an
intractable temper, which wholly unfitted him for
any wide sphere of public action. We have the
portrait of this gentleraan ready drawn to our hand
by two of his most distinguished political asso
ciates, who did not always so well agree in their
estimate of men or things. Colonel Hamilton, in
a letter to the President in 1796, says, " Mr. Pick
ering, who is a very worthy man, has nevertheless
something warm and angular in his temper, and

490 LIFE AND TIMES OF MADISON.
vnll much requUe a vigilant, moderating eye."*
Mr. Adams, who knew him well, thus describes
him : " He is extremely susceptible of violent and
inveterate prejudices ; and yet such are the con
tradictions to be found in human character, that he
is capable of very suddeii transitions from one ex
treme to its opposite. Under the simple appear
ance of a bald head and straight hair, and under
professions of profound republicanism, he conceals
an ardent ambition, envious of every superior, and
impatient of obscurity."^ No wonder that Wash
ington should have said, as he is reported to have
done, of the new secretaries imposed upon him by
a cruel conjunction of sinister cUcumstances, if
not by the unfaithfulness and designing views of
professing fiiends, that " he .considered them suc
cessors in form only to the deliberative talents of
their predecessors." ^
We must UOAV turn to the progress and results of
Mr. Jay's negotiation with the British government,
in regard to which the most impenetrable mystery
had hitherto prevailed. He left the United States
on his mission early in May, 1794, and arrived in
England on the Sth day of June. He took with
him very detailed Instructions prepared by Mr. Ean
dolph, secretary of State, and carefully considered
and sanctioned by the President and a majority of
the cabinet. He was to demand compensation for
1 Hamilton's Works, vol. vi. 25th November, 1808. — See Cun-
p. 163. ningham's Corr., pp. 65, 50.
2 Letter to W. Cunningham, 3 Randolph's Vindication, p. 45.

MR. JAY'S INSTRUCTIONS. 491
the numerous spoliations committed upon the com
merce of the United States, under the instructions
and orders of the British government ; and to urge,
as '¦'¦ of infinite importance," the recognition of the
principle, that provisions are not to be esteemed
contraband of war, except in the single case of at
tempting to introduce them into a place actually
besieged. With regard to the infractions of the treaty of
peace by Great Britain, which had been the sub
ject of unwavering reclamation and complaint, on
the part of the United States, for more than ten
years, he was to resume that business, and to press
its adjustment on the principles which had been in
variably laid down in all our previous negotiations ;
to wit, an immediate surrender of the posts held by
Great Britain within the limits of the United States,
and compensation for the negroes removed in viola
tion of the seventh article of the treaty. If the
questions of commercial spoliations and infractions
of the treaty of peace should be satisfactorily adjust
ed, then the Minister Avas authorized, in. his discre
tion, to discuss the subject of a commercial treaty
with Great Britain.
Amoiig the general objects of such a treaty, the
folloAving were indicated as points of special impor
tance : Eeciprocity in navigation and trade to the
West Indies, and even to the East Indies ; free
ships to make free goods ; stipulations for the safety
of neutral commerce in other respects, and especi
ally by declaring provisions never to be contraband,

492 LIFE AND TIMES OF MADISON.
except, as above mentioned, in the instance of a
besieged place ; and no arrangement whatever to be
made which "would interfere with our obligations
to France." The Instructions then added, " If a
treaty of commerce cannot be formed upon a basis
as advantageous as this, you are not to conclude or
sign any such ; it being conceived that it would not
be expedient, in that case, to do any thing more
than to digest with the British Minister the articles
of such a treaty as they appear willing to accede to,
referring them here for consideration and further
instructions previous to a formal conclusion."
These Instructions, though deliberately approved
by the President and a majority of the cabinet, did
not, it seems, meet with the approbation of Col
onel Hamilton. " The three first subdivisions of
the Instructions as finally adopted," his biographer
tells us, " Colonel Hamilton regarded as little credi
table to the United States,"' — why or in what
respects is left unexplained. A paper, however,
draAvn by Colonel Hamilton and submitted to the
President, under the title of " Points to be consid
ered in the Instructions to Mr. Jay," has been pre
served, from which it appears that he was for recog
nizing, with very slight modifications, the pretended
principles of maritime law under which such exten
sive violations had been committed of the neutral
' Hist. Am. Rep., &c., vol. vi. (March, 1796), that he disUked and
p. 200. It appears from a letter of disapproved the Instructions at the
Colonel Hamilton himself to the tirae that they were given. — See
President, written nearly two years Hamilton's Works, vol. vi. pp.
after the Instructions were given 97, 98.

COLONEL HAMILTON'S VIEWS. 493
rights of the United States by the government of
Great Britain ; and that he was for granting to her
the most favorable terms of commerce, even to the
restraining of Congress from imposing any duties
on her manufactures and productions above ten per
cent, in consideration of an extremely limited reci
procity in the navigation and trade Avith the West
Indies.' On the very same (Jay on which the Instructions
of the government to Mr. Jay bore date. Colonel
HaraUton himself addressed a letter to Mr. Jay, in
closing this paper, as containing his views of the
principles on which the difficulties between the two
countries might and should be adjusted. He kept
up an active correspondence with IMr. Jay during
the period of his mission ; and his letters, there is
reason to believe, were communicated, while the
negotiation was pending, by Mr. Jay to the British
secretary of State.^ What encouragement must
have been derived from such communications, com-
' See paper here referred to in much to the credit of the secretary
Hamilton's Works, vol. iv. pp. of State, and to the great honor of
436-439. Just before the departure the President, this advice was not
of Mr. Jay, a communication hav- heeded ; and Mr. Randolph ad-
ing been received from the British dressed to Mr. Hammond his victo-
Minister here, re-atflrming and rious and exhaustive reply of the
justifying the obnoxious preten- 1st of May, 1794. — See Am. State
sions of his governraent. Colonel Papers (For. Relations), vol. i. pp.
Hamilton earnestly dissuaded the 450-454.
secretary of State from too strongly '^ We know positively from Mr.
contesting the British doctrines. Jay hiraself, that one of these let-
lest he should have thera returned ters was coramunicated by him to
upon him, sustained by a weight Lord Grenville. — See his letter
of authorities and precedent that to Colonel Hamilton of 18th July,
could not be gainsaid. (Hamilton's 1794, Hamilton's Works, vol. iv.
Works, vol. IV. pp. 544, 545.) Very p. 574.

494 LIFE AND TIMES OF MADISON.
ing from such a source, — by the one in demanding
extreme concessions from the United States, and by
the other in yielding them, — is too apparent to
require explanation or development.
Many months had now elapsed without the
slightest intiraation of what was going forward in
the negotiation on the other side of the Atlantic.
On this side, several events had occurred of a most
unpleasant and irritating character. On the 20th
of May, 1794, only two weeks after the departure of
Mr. Jay on his mission of peace, the President re
ceived information that Governor Simcoe of Upper
Canada, with three companies of a British regiment,
had penetrated into the territory of the United
States twenty or thirty miles, to the rapids of the
Miami, for the purpose of building a British fort
there. This proceeding could be considered in no
other light than a wanton and hostile invasion of
the soil of the United States ; and the secretary
of State, by direction of the President, addressed a
note to the British Mimster resident here, to know
if the information were true, and, if it should be,
inviting him to take immediate measures to coun
termand and suppress the movement. To this com
munication no satisfactory answer, affirming or
denying the reported movement, which subsequent
intelligence confirmed to the_ American government,
or offering any prospect of redress, was received
frora the British Minister. On the contrary, he took
the occasion to bring forward, in the most irritating
and offensive language, a long train of recriminar

INDIGNANT LETTER OF THE PRESIDENT. 495
tory charges against the United States, which could
have found countenance only in a most prejudiced
and vindictive mind, and which were shown by the
secretary of State to be utterly destitute of founda
tion. About three months later, another outrage from
the same imperious and encroaching quarter was
made known to the government of the United
States. The governor of Canada, through one of
his military officers, sent an order to one of the
peaceable settlers of the State of New York, on the
American side of the Lakes, and far from any Brit
ish post, threatening him with forcible expulsion if
he should persist in his settlement. On this occasion
the President found it impossible longer to repress
his indignant feelings. On the SOth of August,
1794, he wrote to Mr. Jay, " I cannot restrain my
self from making some observations on the most
recent of these outrages, the communication of
which was received only this morning, — I mean
the protest of the governor of Upper Canada, deliv
ered by Lieutenant Sheaffe, against our occupying
lands far from any of their posts, which long ago
they ought to have surrendered, and far within the
known, and until now acknowledged, limits of the
United States. . . . Can the British government,
or Avill it, attempt, after this official act of one of
their governors, to hold out ideas of friendly inten
tions towards the United States, and to suffer such
Conduct to pass with impunity 1 This may be con
sidered the most open and daring act of the British

496 LIFE AND TIMES OF MADISON.
agents in America, though it is not the most hostUe
and cruel." '
The strongest conviction was felt that these Brit
ish agents were the real though secret instigators
of the savage war which, for several years past,
had been Avaged against the inhabitants of the fron
tiers ; and, on a recent occasion, British soldiers had
been taken prisoners, when in actual association
with Indians in an attack on an American fort.^ At
the same time that these outrages Avere committed
on land, the ocean continued to be the scene of
unabated British vexations of American commerce ;
and, on the 12th of September, 1794, Mr. Eandolph
wrote to Mr. Jay, that " unjust and oppressive cap
tures continue to be made of our property by Brit
ish cruisers on our very coasts." ^
If inferences Avere to be drawn from these acts
of British authority on the American side of the
Atlantic, nothing but the most unfavorable auguries
could be formed as to the issue of the pending ne
gotiation. But mighty events were in progress in
Europe, before which even the arrogant spirit of
British domination was compelled to bend. That
spirit had been infiated to the highest pitch by the
military reverses of France in the preceding year,
consequent on the fatal defection of Dumourier.
But those very reverses had aroused to the utmost
desperation the railitary prowess and energies of
1 Sparks's Washington, vol. x. 2 Am. State Papers, For. Relr,
p. 484. vol. I. p. 483.
' Idem, p. 485.

BRILLIANT SUCCESSES OF THE FRENCH. 497
the French people ; and, before the close even of
the campaign of 1793, the proud and confident
armies of the coalition were driven back with dis
comfiture and shame. The campaign of 1794 soon
renewed the prodigies of national energy and valor
displayed by the republican armies of France, such
as the world had never before witnessed ; and in
which the disciplined hosts of the coalition, led in
person by their sovereigns, their hereditary princes,
and veteran generals of historic renown, were driv
en from post to post by the irresistible opset of the
citizen soldiers of France, led on by generals whose
naraes had never before been heard, but Avhich
were destined henceforward to an imperishable
fame, — the Jourdains, the Pichegrus, the Klebers,
the Hoches, the Moreaus, of revolutionary France.
It so happened, that the very day before the fhst
interview of Mr. Jay with the British secretary of
foreign affairs, the 18th of June, 1794, the battle
of Ypres had been won by Moreau; and a few days
afterwards, the great battle of Fleurus was fought
and won by Jourdain. It was these two memorable
fields which opened the way for that unparalleled
series of brilliant coups de main, or of vigorous and
rapid advances, before which the Austrians, com
manded at first by the emperor himself, and after-
terward by the Prince of Cobourg and Generals
Wurmser and Beaulieu, the English by the Duke
of York and the Earl of Moira, and the Dutch by
the hereditary Prince of Orange, were expeUed
from every stronghold they had previously pos-
voi,. III. 32

498 LIFE AND TIMES OF MADISON.
sessed in the Netherlands ; and the republican
eagles rested in succession on the towers of Ghent,
of Brussels, of Antwerp, of Louvain, of Liege, and
of Namur. Soon after, and while the negotiation of
Mr. Jay was yet pending, — in November, 1794, —
the Dutch fortresses of Maestricht and Nimeguen,
though powerfully defended, yielded to the resist
less ardor of the French troops, and prepared the
way for that entire conquest of Holland, which
crowned the marvels of this wonderful campaign.
While these extraordinary events were going for
ward on the side of Belgium and Holland, the same
career of unparalleled success attended the French
arms in Germany along the Ehine, in Italy along
the Alps, and in Spain along the Pyrenees. Every
Avhere the standard of the French republic, dhected
and impelled by the mighty genius of Carnot in the
capital, was borne in triumph over prostrate and
discorafited foes.
How completely the arrogant tone of the Brit
ish governraent was changed by these wonderful
achievements of the iieAV-born power whose speedy
downfall they had, a year before, so confidently pre
dicted, is sufficiently attested by the measures now
pursued in England, no longer for conquest abroad,
but security at home. The king sent down a mes
sage to Parliament, calling for the organization of a
large militia force to defend the kingdom from inva
sion ; and the Minister brought in bills, which were
promptly passed, not only for the organization of
the mUitia, but to raise a volunteer force of horse

MR. JAY'S HUMILIATING TONE 499
and foot in every county of the kingdom. The
paltry expedient Avas even adopted of begging for
pecuniary contributions from individuals, in addition
to the parliamentary supplies, to aid the military op
erations of the government. This was done through
formal letters addressed by the secretary of State to
the lords-lieutenants of the several counties.'
Such was the state of things in England at the
arrival of Mr. Jay, and during the whole period of
his negotiation ; and surely none could have been
more favorable to a manly assertion of our rights, or
have better authorized the expectation of a prompt
and araple redress of the just complaints of the
people of the United States. Still nothing was
knoAvn to the public as to the progress of the nego
tiation, until a memorial addressed by Mr. Jay to
Lord GrenviUe on the 30th of July, 1794, together
with Lord Grenville's answer, was, in the latter
part of October, promulgated through the Ameri
can newspapers. The mitigated and subdued tone
which Mr. Jay assumed in that paper, in represent
ing the injuries and outrages comraitted by order of
the British government on the property and rights
of American citizens, excited no small degree of
surprise, and gave rise in some minds to unfavor
able auguries as to the results of a negotiation
commenced in such a key. The unwarrantable
depredations on American coraraerce were spoken
of as "irregularities," — " American vessels irregu-
1 See Ann. Reg. (1794), pp. 234-237, and Belsh. 6. B., vol. ix. pp. 148,
149.

500 LIFE AND TIMES OF MADISON.
larly captured, and improperly condemned, by cer
tain of his majesty's officers and judges ; " and his
majesty's " magnanimity " was appealed to, " to
cause such compensation to be made to these inno
cent sufferers, as may be consistent with equity."
Impressed American seamen, the victims of lawless
and atrocious violence, were spoken of as " unfor
tunate individuals ; " and the " benevolence of his
majesty" was again invoked through his organ of
clemency, the foreign secretary, " to cause orders to
be given that Americans so circumstanced should
be immediately liberated, and that persons honored
with his majesty's commissions do in future abstain
from similar violences." '
The disgust produced in well-principled Ameri
can minds by such a tone of subserviency, as well
as the proud expectation of a redress of American
grievances, derived from other and more potent
causes, Avas most forcibly, as well as epigrammatic-
ally, expressed in a letter of this period from Mr.
Madison to Mr. Jefferson. " According to the in
telligence handed to the public," said he, " it would
seem that the humiliating memorial of Jay inspires
less contempt than the French victories do terror ;
and that the tone in England towards this country
is much changed. It is even intimated, that satis
factory arrangements vrill be made on most, if not
all, the points in question."® The same state 'of
1 American State Papers, For. spatches of Mr. Jay were, long
Rei., vol. I. p. 477. afterwards (in 1832), first per-
" Letter to Mr. Jefferson, 16th mitted to see the Ught, it appeared
November, 1794. When the de- that he zealously sought to propl-

CONTRAST BETWEEN MR. JAY AND MR. ADAMS. 501
vague conjecture and uncertainty in the public
mind, with regard to the prospects of the negotia
tion, continued until near the close of the session
of Congress of 1794-95 ; when a report, as we
have seen, reached the United States, that an arai-

tiate the British govemment and
especiaUy the king, by permitting
them to take for granted an entire
identity of views between them
and the government of the United
States with regard to the war then
raging in Europe. In giving an
account of his reception by the
king, he says, " The reception I
met with from both king and queen
was affable and satisfactory, and
perfectly calculated to create an
opinion of the good-will of this
government to the United States.
The king seemed to be well pre
pared for the occasion. He ex
pressed lus confidence in the assur
ances I gave him of the disposition
of the United States to cultivate
peace and harraony. He intimated
(but without any direct applica
tion), that it was expedient for all
nations who respected order, good
govemment, morality, and religion,
to be friends. On this topic he
expressed many general sentiments
that were liberal and proper."
It surely did not require " any
direct application " of his remarks
by the king to enable Mr. Jay to
comprehend, that the plain English
of what his majesty meant was,
that, in such a contest as that now
pending with the revolutionary
govemment of France, the United
States should be on the side of
England against France. Ou a

simUar occasion, a few years before,
the same monarch had made a like
experiment on the known anti-Gal
lican feelings of a distinguished
predecessor of Mr. Jay, to enlist
him in EngUsh attachments and
connections, when he received this
memorable reply, " I must avow to
your majesty that I have no attach
ments, but to my own country.''
Mr. Jay might, with a noble dig
nity and propriety, have foUowed
the exaraple and repeated the very
language of Mr. Adams. But it
suited neither his purposes nor his
feelings. On the contrary, on the
very evening of his reception, the
3d of July, 1794, he made haste to
encourage the hopes and expecta
tions held out by the king, by ad
dressing a superserviceable uote to
Lord Grenville ; telUng him how
much he was gratified " by the
gracious reception witlj which he
had been honored by their raajes
ties, and the magnanimity ofthe senti
ments which the king condescended to
express on the occasion," which, if
followed up by suitable action on
both sides, " would lay a proraising
foundation for the establishraent
and duration of that friend^p and
cordiality between our two coun
tries, which I pray God may speed
ily .take place, and be perpetual." —
See American State Papers, For.
Rei., vol. 1. p. 477.

502 LIFE AND TIMES OF MADISON.
cable arrangement between the two govemments
had been concluded.
It Avas not, however, until the 7th day of March,
1795, three days after the adjournment of Con
gress, that the treaty itself, bearing date the 19th
of November previous, reached the hands of the
government. How this long delay should have
occurred, Avas not explained. The closest secrecy
still continued to be preserved with regard to the
contents of the treaty. It was knoAvn only that the
President had convoked the Senate for the Sth of
June following, to exercise its constitutional func
tion in giving its advice as to the ratification or
rejection of the instrument. This further delay, in
fixing the meeting of the Senate for so distant a
day, seemed to indicate embarrassment and inde
cision in the mind of the President ; and, added to
the accounts which from time to tirae reached the
United States from the other side of the Atlantic,
as to certain stipulations of the treaty, viewed in a
most unfavorable light as unequal and partial, both
between the contracting parties themselves and
toAvards the two leading belligerents of Europe,
produced a high degree of agitation and excite
ment in the public mind.
The Senate met, according to theh convocation,
on the Sth of June ; and remained in session, with
closdl doors, until the 26th of the month. Before
entering upon then- deUberations, a resolution was
adopted, enjoining secrecy upon the members with
regard to the contents of the treaty. This was in

UNAUTHORIZED PUBLICATION OF TREATY. 503
vain protested against by a considerable number of
senators, who considered it an indispensable aid to
their own judgment, that they should have the op
portunity of consulting the sense of their constituents
as to the probable practical effects of certaui pro
visions of the treaty. At length, after a long and
dubious confiict of opinions, the Senate, by a bare
constitutional majority of two-thirds, resolved to
advise the President to ratify the treaty ; with the
exception of the twelfth article, which prescribed
the conditions of a very restricted trade with the
British West-India islands. This article, it was
advised, should be suspended by an express addi
tional stipulation to be annexed to the treaty, and
new negotiations to be entered into without delay
upon the subject of it.
Before their adjournment, the Senate rescinded
the absolute injunction of secrecy, originaUy im
posed with regard to the contents of the treaty ;
but at the same time enjoined upon members " not
to authorize or allow any copy of the treaty, or
of any article thereof." This persevering attempt
to keep the minds of the people in the dark with re
gard to a matter invoh-ing the highest interests and
honor of the nation, while garbled and imperfect
statements of it were from day to day given in the
newspapers, produced a courageous determination
on the part of one of the senators of VUginia, Mr.
Stevens Thompson Mason, to set at defiance a rule
" more honored," as he believed, " in the breach
than in the observance ; " and, on the SOth day of

504 LIFE AND TIMES OF MADISON.
June, a genuine, unmutUated copy of the treaty,
communicated by him for the purpose, was pub
lished in one of the gazettes of Philadelphia. It
so happened, that the mind of the President was,
at the same time, convinced of the propriety of an
unreserved disclosure of the treaty to the public ;
and he had authorized the secretary of State to
promise a copy of it to the press,' which was ac
cordingly announced for the 1st day of July, but
was anticipated by the appearance, the day before,
of the copy furnished to another joumal by Mr.
Mason. The public curiosity was now gratified by an op
portunity of inspecting the mysterious document
which had been so long the subject of vague con
jectures and conflicting representations. But the
knowledge of it, far from allaying, increased the un
favorable impressions with regard to it. It was a
complex and elaborate web of twenty-nine articles,
which would require a minute analysis thoroughly
to unravel and adequately expose its artful inequal
ities, as well in its omissions as its proAdsions. We
must content ourselves with a general outline, —
sufficient, however, to show the radical injustice,
unfairness, and bad faith towards an ancient and
generous aUy, which so strikingly marked the fea
tm-es of the arrangement.
The first ten articles related mainly to the ques
tions which had arisen out of the non-execution of
1 See statement of Mr. Randolph, secretary of State at the time, in his
"'Vindication," p. 19.

OUTLUSTE OF JAY'S TREATY. 505
the treaty of peace. It was agreed, on the part
of Great Britain, to surrender the posts which she
had so long held within the limits of the United
States, in contravention of the treaty of peace ; but
this surrender was not to take place until the 1st
day of June, 1796, reserAdng thereafter to British
traders and their Indian allies the right of free in
gress and egress, ancf of carrying on, within the
limits of the United States, the traffic which had
been hitherto abused to such pemicious purposes.
This dangerous privilege Avas sought to be covered
by a reciprocal right, of but little if any value to
American citizens, to trade Avith the adjacent terri
tories of Great Britain, — excepting, however, that
large portion of them erabraced within the limits
of the Hudson-Bay Company ; while access was to
be allowed to British traders through the territory
of the United States, to the eastern banks of the
Mississippi, with the privUege of an unrestricted
navigation of that river. In general, British sub
jects were allowed freely " to navigate all the
lakes, rivers, and waters of the United States, up
to the highest ports of entry ; " while it was ex
pressly declared, that " vessels of the United States
were not to be admitted into the seaports, harbors,
bays, or creeks of his majesty's American domin
ions." With respect to a leading violation of the treaty
of pgace by Great Britain, in the removal of ne
groes from the places evacuated by her, which had
been invariably made the subject of earnest remon-

506 LIFE AND TIMES OF MADISON.
strance and demand of indemnity on the part of the
United States, and in all the previous discussions
betvveen the two governments urged as a claim of
undeniable justice, no provision whatever was made
for it ; but it was coolly pretermitted and overruled
by the negotiators, though Mr. Jay Avas expressly
instructed, as Ave have seen, to insist upon it.
Although the American courts of justice were,
and had long been, open to the unobstructed pro
cess of law for the recovery of debts contracted to
British subjects before the Avar, a stipulation was
agreed to by the American negotiator, binding the
governraent of the United States to make compen
sation to British creditors for any losses or damages
they may have sustained by the possible deteriora
tion of their securities, in consequence of impedi
ments interposed, at any time, by any of the States.
But no compensation Avhatever was to be raade to
the United States, either for the property of their
citizens reraoved in open violation of the treaty of
peace, or for the enormous losses and daraages sus
tained by them in consequence of the wantoii de
struction of the frontier posts, and the wasteful and
destructive Indian Avar it had entailed. The whole
measure of inderanity, on the side of the United
States, was limited to such compensation as might
be awarded to their citizens by a joint commission,
for the illegal capture and condemnation of then-
vessels and cargoes, under the orders of the British
government, " in cases where adequate compensa
tion might not be obtained by the ordinary course

OUTLINE OF JAY'S TREATY. 507
of judicial proceedings " in the tribunals of Great
Britain. The twelfth article of the treaty, which was re
jected by the Senate, allowed citizens of the United
States a limited trade with the British West Indies
in vessels not above seventy tons burthen, in ex
change for perraission to British vessels, without
limitation as to size and capacity, to export to and
import from the United States all articles of either
country ; and upon the express condition that Amer
ican vessels admitted to this limited trade " shall
carry and land their cargoes in the United States
only ; '' and that the United States will by law
" prohibit and restrain American vessels from car
rying auy molasses, sugar, coffee, cocoa, or cotton,
either from his majesty's islands on: from the United
States, to any part of the world except the United
States." The fifteenth article, contrary to all precedent,
allowed to Great Britain, in the ports of the United
States, the footing of the most favored nation, with
out exacting from her the price which may have
been paid, or might hereafter be agreed to be paid,
by other nations for the privileges accorded to
them. Thus an effectual bar was created to all
treaties of a special or pecuUarly advantageous
character to the United States which other nations
might otherwise be disposed to conclude with
them; for what nation would buy for a price a
commercial stipulation which would ipso facto,
without price or equivalent, become common to
another, perhaps her rival in trade 1

508 LIFE AND TIMES OF MADISON.
WhUe this privileged footing was guaranteed,
without condition, to Great Britain, she reserved to
herself the right of retaliating the discriminating
duties which had been established by the United
States in favor of their own against all foreign
navigation, from the very origin of their present
Constitution, and which 'was deemed absolutely in
dispensable to its protection. To this reservation
on the part of Great Britain was added an express
agreement by the United States not to impose any
new or additional tonnage duties on British vessels,
nor to increase the existing difference between
duties payable respectively on articles imported ia
British or American vessels.
In utter disregard of those principles of the mod-
ei-n law of nations which the United States had been
laboring to establish, and which were already weU
nigh established by the general consent of Christen
dom, and Avhich Mr. Jay was especially instructed to
keep steadily in view, the seventeenth and eighteenth
articles of the treaty negotiated by him yielded to.
Great Britain, by express recognition, the principle
contended for by her alone in the existing war, —
making enemies' property, on board of neutral ves
sels, lawful prize of war ; greatly enlarged 'the list of
contraband, so as to subject to confiscation many
articles, the produce of the United States, hitherto
deemed and treated as lawful objects of neutral com
merce ; and sanctioned by acquiescence the lawless
pretension of the British government to seize grain,
flour, breadstuffs, and provisions generaUy, laden on

PRACTICAL EFFECT OF THE TREATY. 509
neutral vessels bound to France, on condition of
being paid their estimated value, together with the
freight and demurrage of the vessels thus arbitrarUy
and vexatiously detained and tumed aside from their
original and lawful destination. These stipulations
aimed, at one and the same time, a fatal blow
against the neutral commerce of the United States,
the interests of humanity itself in time of war,
and the just claims of fair dealing and the protec
tion of generally acknowledged principles due to
our ancient ally, the people of France.
Though there was a formal and empty declaration
in one of the articles of the treaty, that " nothing
contained in it should be construed or operate
against former and existing treaties with other
sovereigns or states," yet it was in vain to deny
that the practical effect of the treaty, in its gen
eral operation and several of its provisions, however
disguised by specious and artful phraseology, was
to work an entire revolution in the relations of the
United States Avith France as they stood under
the treaties of 1778, and, by new and one-sided
regulations, to throw their collected weight against
her in the struggle of life and death in which she
was then engaged.'
Mr. Madison, in the calm retreat of his farm in
1 See the correspondence be- the British treaty violated no strict .
tween M. Adet and the secretary right of France, he was compelled
of State, in June and July, 1795, to admit, that, on the score of
American State Papers, For. Rei., " hardship and injury to a friend,"
vol. I. pp. 594-596. While Mr. there was ground of complaint,
Randolph labored, by a chain of which it would be his endeavor to
technical reasoning, to show that obviate in a new negotiation.

510 LIFE AND TIMES OF MADISON.
Virginia, whither he had gone immediately on the
adjournment of Congress, had his attention soon
called to this ill-omened compact, and Avas at no
loss to perceive in it at once the injustice, national
discredit, and injury to the United States, with
which it Avas fraught. In a letter of the 10th of
August, 1795, to Chancellor Livingston of New
York, in answer to one from that gentleman, he
says,— " Your glooray picture of the treaty does not ex
ceed my ideas of it. After yielding terms which
would have been scorned by this country in the
moment of its greatest embarrassment, and of Great
Britain's full enjoyment of peace and confidence,
it adds to the ruinous bargain with that nation
a disqualification to make a good one with any
other." He here comments on the fifteenth article of the
treaty, the nature of which we have already ex
plained, and proceeds: —
" It must be perceived at once that this extraor
dinary stipulation would monopolize us to Great
Britain, by precluding any material improvement of
our existing treaties, or the hope of any new ones
that would be of much advantage to us. That so
insidious an article should have occurred to Lord
GreuAdlle's jealousy of the United States, and his
policy of barring their connection with other coun
tries, and particularly the French republic, can
surprise no one. The concurrence of the American
envoy may not be so easily explained ; but it seems

DISSATISFACTION WITH THE TREATY. 511
impossible to screen him from the most Uliberal
suspicions, without referring his conduct to the
blindest partiality to the British nation and govern
ment, and the most vindictive sensations towards
the French republic' Indeed, the treaty, from one
end to the other, must be regarded as a demonstra
tion, that the party to which the envoy belongs, and
of which he has been more the organ than of the
United States, is a British party, systematically aim
ing at an exclusive connection with the British gov
ernment, and ready to sacrifice to that object as
well the dearest interests of our commerce as the
most sacred dictates of national honor."
Soon after the letter from Chancellor Livingston,
Mr. Madison received another from an able and dis
tinguished friend in Pennsylvania, who had borne a
leading part in the public discussions of the treaty ,**
and who desired to have the benefit of Mr. Madi
son's matured and enlightened opinions in support
of his own. The answer of Mr. Madison is a
' Mr. Livingston, who was the have long appeared to me such as
neighbor and personal acquaintance I do not choose to explain, but
of Mr. Jay, and moreover allied to which may be deduced from the
him by family connections, had treaty, gave me reason to appre-
frankly stated, in his letter to Mr. hend a want of energy in stating
Madison, the apprehensions he had our claims. But I own that our
always entertained frora the strong disgrace and humUiation have, in
anti-Gallican prejudices and vio- this instance, greatly exceeded my
lent party feelings he took with expectations." — July 6th, 1795.
him on his mission. ^ Alexander J. Dallas, Esq.
" I had, indeed," he said, " Ut- Mr. Madison's answer here referred
tie hope of Mr. Jay's rendering us to, dated the 23d August, 1795, will
auy essential service. His hatred be found in full, in the compUation
to France, and the violence with of his writings by order of Con-
which he entered into the system gress, vol. ii. pp. 46-59.
of the MinisteriaUsts, whose views

512 LIFE AND TIMES OF MADISON.
thorough and exhaustive examination of the whole
subject, and displays, with peculiar lustre, the com
prehensive knowledge and penetrating glance of
the statesman, as well as the lofty spirit and keen
sensibility of the patriot to the dignity and honor
of his country. It will be read with the deepest
mterest by every diligent inquirer into the history
of the past, — the great magazine of instruction for
the future and the present. We can find room
here for only the closing paragraphs, in which he
sums up, Avith great force and eloquence, his con
clusions against the treaty, and delivers, vrith a
noble elevation and wisdom, the maxims which, in
every such crisis, should govern the conduct of a
young and magnanimous people : —
" A treaty thus unequal in its conditions, thus
derogatory to our national rights, thus insidious in
some of its objects, and thus alarming in its opera
tion to the dearest interests of the United States in
their commerce and navigation, is in its present
form unworthy the voluntary acceptance of an in
dependent people, and is not dictated to them by
the circumstances in which Providence has kindly
placed thein. It is sincerely believed that such a
treaty would not have been listened to at any for
mer period, when Great Britain was most at her
ease, and the United States AAdthout the respecta
bility they now enjoy. To pretend that, however
injurious the treaty may be, it ought to be sub
mitted to in order to avoid the hostile resentment
of Great Britain, which would be as impolitic as it

EMBARRASSMENT OF THE PRESIDENT. 513
would be unjust on her part, is an artifice too con
temptible to answer its purpose.
" It wiU not easily be supposed, that a refusal to
part with our rights without an equivalent wUl be
made the pretext of a war upon us, — much less
that such a pretext will be founded upon our re
fusal to mingle a sacrifice of our commerce and
navigation with an adjustment of political differ
ences. Nor is any evidence to be found, either in
history or human nature, that nations are to be
bribed out of a spirit of encroachment and aggres
sion by humiliations which nourish their pride, or
by concessions which extend their resources and
power. To do justice to all nations ; to seek it
from them by peaceable means in preference to
war ; and to confide in this policy for avoiding
that extremity, or for securing the blessing of
Heaven, if it should be forced upon us, — is the
only course of which the United States can never
have reason to repent."
WhUe these discussions, private and public, in
relation to the treaty were going on, it was not
known what decision, if any, the President had
come to with regard to it. His situation was a
most delicate and embarrassing one. To refuse to
ratify a treaty, which the Senate by a vote of twenty
to ten had solemnly advised him to ratify, and which
his cabinet Avas unanimously of opinion that he
ought to ratify ; and when many apprehended, or
affected to apprehend, that his refusal to do so
would seriously compromise the pacific relations of
VOL. III. 33

514 LIFE AND TIMES OF MADISON.
the country, ¦ — was obviously a course full of grave
responsibilities. On the other hand, it was impos
sible that a pei-son of the President's rectitude of
raind ; of his freedom from every political bias, for
eign or doraestic ; of his fidelity to every honorable
engagement, — could really approve a treaty so
unequal in its conditions, so inadequate to the just
rights and expectations of the country, and so in-
:sidiously hostUe to another power, with whom honor
and interest alike required us to maintain unbroken
our ancient relations of friendship and good under
standing. It has been gratuitously assumed, and constantly
.asserted by historical writers of the Federal school,
ithat the President's objections to the treaty were
feAV and inconsiderable. We have the most incon
trovertible evidence that such was not the fact. On
the contrary, his objections were weighty, and ap
plied to almost every part of the treaty. Aftey
receiving the " observations _" of Colonel Hamilton;
^^containing a most elaborate defence of the tre.aty,
he comments with great energy on the want of real
reciprocity in the stipulations respecting the inter
course of trade betAveen the United States and the
adjacent provinces of Great Britain. " All this,"
he says, "looks very well on paper; but I must
¦question whether, in its operation, it wiU not work
very much against us." '
He Avas exceedingly dissatisfied, with the omisr
1 Letter to Colonel HamUton of 13th July, 1795, in Hamilton's Works,
ypl. VI. p. 17. , , /

THE PRESIDENT'S OBJECTIONS. 515
sion of any indemnity for the negroes removed by
Great Britain in direct contravention of the treaty
of peace. In a letter addressed to Mr. Jay by the
secretary of State, while it was yet hoped the treaty
had not been finally concluded, and written under
the immediate " correction of the President," as is
therein stated, the shallow sophistry by which Lord
Grenville was permitted to escape from this man
ifest obligation was most thoroughly exposed.
" British; debts," it is there said, " are stipulated to
be paid ; and the States in Avhich the mass of thera
lay depended for their payment principajly on the
culture of their soil by this species of labor. As
property, the British govel-nment [being slave
holders] could not have been tenacious of negroes ;
and it may therefore be supposed, that, in this
view, they were so indifferent as to be easUy given
up. . . . You must be too sensible of the anxiety
of many parts of the United States upon this sub
ject, tq pass it over unnoticed. Permit me, there
fore, to beg your attention to the foregoing ideas,
since I ¦ havfe it greatly at heart that your negotia
tion may not' be encumbered by any objection that
may be ariticipated." '
Iri the same . communication of the secretary of
State, Avhich is not only shown on its own face to
have been the expression of the President's personal
opinions, h]it is raoreover particularly called to the
attention of the Minister in a private letter from
,j,7 ' :Letter,pt' J.^th: Deperaber, 1794, in American State Papers, For., Rei.,
vol. 1. pp. 509-512. Vi: ";

516 LIFE AND TIMES OF MADISON.
the President himself,' the foUoAving passages oc
cur, relative to the proposed stipulations on points
of maritime law and the commercial intercourse of
the two countries : " Neutral commerce, if it can
be so called, had better be free, as much as possi
ble, from contraband. But it is peculiarly impor
tant that provisions should be so freed." — " As the
distinctions which now exist between foreign and
our OAvn vessels are really of moment to our trade,
our merchants will see them relinquished with re
luctance, unless there be some very obvious equiva
lent ; and, if the stipulation extends to the removal
of the distinction in the duties on goods brought
to the United States in British bottoms, their reluc
tance will be so much the stronger." In a letter
to the secretary ofthe 27th July, 1795, — and this,
it must be remarked, was more than a month after
the advice of the Senate to ratify, — the President
says, " I have no time to add more than that the
commercial part of the treaty, so far as my infor
mation goes, is generally disliked." ^
But what particularly excited the misgivings and
apprehensions of the President was the operation
of the proposed British treaty on the existing rela
tions of the United States with France under the
treaties of 1778. In a letter to Colonel HamUton
of the 29th July, 1795,» he says, "The string
which is most played upon, because it strikes with
J Dated 18th December, 1794. 2 Idem, p. 41.
— See Sparks's Washington, vol. ' HamUton's 'WorkB, T<d. n.
3". p. 5. pp. 26, 26.

FINAL DECISION DELAYED. 517
most force the popular ear, is the violation, as it
is termed, of our engagements with France ; or, in
other words, the predilection shown by that instru
ment to Great Britain at the expense of the French
nation. ... 7 predict much embarrassment to the
government therefrom; and, in my opinion, too
much pains cannot be taken by those who speak
or write in favor of the treaty, to place this matter
in its true light." To the secretary of State, in a
letter dated two days later, he says, "What seems
to have more weight than all the rest, and is accord
ingly pressed, is that this treaty is made with a de
sign to oppress the French, in open violation of our
treaty with that nation, and contrary, too, to every
principle of gratitude and sound policy." '
The President is reported to have said, Avhen he
submitted the treaty to the consideration of the
Senate, that, if they advised its ratification, he
should feel himself bound to conform to that ad
vice. Still, the various objections to it, which oc
curred to his reflections, pressed upon his mind
with so much weight, that he held his final decision
on the subject in reserve, for several days after the
advice of the Senate was laid before him. During
this interval, information was received thai the Brit
ish government, since the conclusion of the treaty,
had renewed the order of the Sth of June, 1793,
' for the seizure of provisions on board neutral ves
sels destined to France. Though this information
was not official, it was believed to be true, as it
1 Sparks's Washington, vol. xi. pp. 50, 51.

518'

LIFF; and TIMES or madison.

ttirned out to be, and excited the liveliest indigna
tion in the mind of the President, as a practical con
struction by the British government of the eighteenth
article of the treaty negotiated with Mr. Jay. The
President then determined that he would not ratify
the treaty, so long as this order continued in exist
ence, and authorized the secretary of State, Mr.
Eandolph, to announce his determination to Mr.
Hammond, the British Minister.' ' In these views,
the President was zealously sustained by the secre
tary of State ; whUe the secretary of the treasury,
the secretary of war, and the attorney-general,
favored the immediate ratification of the treaty, in
the manner recommended by the Senate, trusting

' The secretary of State, in
executing the authority given him
by the President, employed a good
many dAours of diplomatic phrase
ology, wishing not to commit the
President more than was absolutely
necessary at the time. When he
reported his proceedings, the Presi
dent said to hira, " You raight have
inforraed Mr. Hammond, that I
would never ratify, if the provision
order was not removed out of the
way." (Randolph's Vindication,
p. 21.) Judge Marshall, in his
Life of Washington, seems not to
have been satisfied by the state
raents of Mr. Randolph, and says,
" There is no conclusive testimony
of the result of the President's re
consideration." In pronouncing
this opinion, the chief-justice evi
dently foUowed th? authority of
Mr. Wolcott, in a letter addressed
to him long after the transaction

(in 1806). — ^ See Gibbs's Memoirs,
&c., vol. I. pp. 241-246. But the
account made up by Mr. Wolcott
in 1806 is contradicted and discred-,
ited by a statement of his own, in a
letter to Colonel Hamilton of the
30th July, 1795, written in the
very midst of the transaction.
" The ratification of the President,"
he says, " has been connected with the
repeal of some unknown order, respect
ing vessels bound with provisions t6
France. . . . What must the Brit
ish government think of the United
States, when they find the treaty
clogged with one condition by the
Senate, another by the President, and
no answer given, in a precise form,
after forty days 1 " — See this lettei
of Wolcott, which ought to be con
clusive, if any thing from him cari
be, in HamUton's Works, vol. vi.
p. 27 ; and Gibbs's Memoirs, vol. i.
p. 220.

INTERCEPTED DESPATCH OF FAUCHET. 519
to the remonstrances, which should accompany the
act of ratification, to obtain thereafter a repeal of
the British order.
Such continued to be the state of the question,
on the ratification of the treaty, in the mind of the
President, untU a very unexpected and extraor
dinary circumstance occurred, adding one more in
stance to the many in history to show hoAv often
the most important resolutions of governments and
States are infiuenced by causes accidental and ex
trinsic, A despatch of the former French Minister,
Fauchet, to his government, dated the 31st of Octo
ber, 1794, had been picked up at sea ; having been
thrown overboard by a French privateer closely
pursued by a British cruiser, and conveyed to the
hands of Lord Grenville in London, by whom it
was sent to the British Minister in this country, "to
be used to the best advantage of his majesty's ser
vice." The despatch of the French Minister Avas
written at the time of the insurrection in the Avest
ern counties of Pennsylvania, and Avith great fiip-
pancy professed to render an account of frequent
confidential conversations between himself and Mr.
Eandolph on the critical and divided state of the
country ; one party aiming, as alleged, at the estab
lishment of despotism, the other striving to main
tain the cause of liberty.
The writer speaks of the influence of Mr. Ean
dolph with the " popular " or democratic societies ;
and also of the influence he had established over
the mind of the President, Avhom it was attempted

520 LIFE AND TIMES OF MADISON.
to mislead into paths which, if followed, would con
duct him to the loss of his popularity. In a previ
ous despatch (No. 3), to which reference is made
in this, Mr. Eandolph is represented as assuring
him, that " the President is the mortal enemy of
England, and the friend of France ; " and, finally,
he speaks of " overtures " to him by Mr. Eandolph,
by means of which, " with some thousands of dol
lars, the republic [France] could have decided on
the question of civil war or peace."
This despatch, if used with skill, it was thought,
might be made instrumental in giving the wished-
for direction to the raind of the President on the
questions then pending between England and the
United States. It was placed by the British Minis
ter in the hands of Mr. Wolcott on the 28th of
July, 1795. Tavo days after, this ready and ambi
dextrous go-between wrote to Colonel Harailton, " I
dare not write, and hardly dare to think, of what
I know and believe of a certain character, whose
situation gives him a decided infiuence. . . . Feel no
concem, however ; for I see a clue which will con
duct us through every labyrinth, except that of
war." ' The despatch was immediately shown by
him to his colleague, the secretary of war, and the
following day to the attorney-general. It was
agreed by them in conclave, that a letter should be
immediately written to the President, who was then
at Mount Vernon, requesting his return to PhUa
delphia. It was their opinion, we leam from a
1 Hamilton's Works, vol. vi. p. 27 ; also p. 30.

CONDUCT OF MESSRS. WOLCOTT AND PICKERING. 521
well-informed and impartial source, that the de
spatch should be imparted to the President without
delay, and with the utmost secrecy. Any open at
tempt to effect this end, they thought, might excite
the suspicion of Mr. Eandolph.'
In pursuance of this plan, the two secretaries,
Wolcott and Pickering, called on Mr. Eandolph,
under the mask of friendship ; and, Avith a refine
ment of dissimulation Avhich Avould have done no
discredit to a Tartuffe or an lago, decoyed him to
become an unconscious instrument in their hands
in the plot laid for his destruction. By theU re
quest he addressed a letter to the President, urging
his immediate return to Philadelphia ; and, stUl
further to quicken the movements of the President,
the secretary of war himself wrote a private letter,
entreating him " to return to the seat of govern
ment with all convenient speed, and in the raean
time to decide on no important political matter, in
whatever form it may be presented."^ The Presi
dent arrived in Philadelphia the evening of the
llth of August; and the intercepted despatch was
the same evening privately put into his hands, every
care being taken, for the present, to keep it from
the knoAvledge of Mr. Eandolph, lest explanations
might frustrate the intended effect.
The following morning the cabinet met, and the
question of the ratification of the treaty Avas im
mediately brought up for consideration. The Pres
ident had read with profound and startled attention
1 Sparks's Washington, vol. xi. p. 52. 2 Idem, ibidem.

522 LH^E AND TIMES OF MADISON.
the despatch of Fauchet; and no one could doubt,
that the effect of it, unexplained, would be to put
an end to his confidence in Mr. Eandolph, who had
stood alone among his counsellors against the pres
ent ratification of the treaty, and also to weaken, for
the moment at least, his sympathy and respect
for the French government, through the disgust ex
cited at the conduct of their agent. At the same
time, he probably felt that the insinuation made by
the French Minister of his " mortal hatred to Eng
land," and of the insincerity of his negotiations
with that power, iraposed upon him the necessity
of vindicating his lofty character for good faith
and fair dealing by prorapt and final action on the
treaty. Under the influence of these combined im
pressions, the President, still retaining his repug
nance to the treaty, came to the conclusion at once
to ratify it, as the least of the evils out of which his
choice was to be made.
His decision to that effect was announced to the
cabinet ; and the formal ratification of the treaty was
signed by him, and attested by Mr. Eandolph as sec
retary of State, on the 18th of August, 1795. Ac
cording to the programme previously arranged by the
two secretaries, Messrs. Wolcott and Pickering, in
whose hands was the whole conduct of this plot from
its . inception, the uitercepted despatch of Fauchet
was not communicated to Mr. Eandolph, untU all
the formalities necessary for the technical completion
of the ratification were finally consuraraated. Wheh
at length the despatch was made known to him, as

RELUCTAJ^T SANCTION OF THE PRESIDENT. 523'
^ti was Tinder circumstances of peculiar mortification,
he denied Avith firmness every imputation of infi
delity or dishonor seemingly implied in it ; of which,
indeed, he was acquitted by positive declarations
afterwards made by the French Minister himself,
j^nd published to the world. In the mean while,
with a feeling of wounded and indignant pride, he
proraptly resigned the office of secretary of State,
g,n,d appealed to the candor and justice of his coun
trymen, in a detailed and elaborate vindication of
his conduct.
' With what reluctance the President gave his final
sanction to the treaty, is shown by repeated declara
tions, even after his ratification of it, to his confiden
tial friends. To one of these he wrote, " The treaty
'fyith Great Britain is not yet ratified on her part.;
After every consideration I could bestow on it (and
entertaining very serious doubts of the propriety of
^oing so, on account of the provision order), it has
been ratified by rae. What has been or will be
done by the governraent of Great Britain relative
to it, is not now, and probably wUl not be, known
by the raeeting of Congress." ' Writing to the
same person a short time before, and referring as
well to the proAasion order as to the insulting at
tempt of a British naval officer to intercept, within
the marine jurisdictional limits of the United States,
a French vessel, on which Monsieur Fauchet was
^mbarked on his return to France, he says, " By
1 Letter of 29th October, 1795, to Colonel HamUton, in Hamilton's
Works, vol. VI. p. 54. ;

524 LIFE AND TIMES OF MADISON.
these high-handed measures of that government,
and the outrageous and insulting conduct of its
officers, it would seem next to impossible to keep
peace between the United States and Great
Britam." '
With a sort of prophetic anticipation of a future,
inevitable conflict with that haughty power, in a
letter to another friend then abroad, and intended
for the eye of Lord Grenville himself, he says in a
strain of noble patriotism, and with an exulting
pride in the future strength and glory of his coun
try, " Sure I am, if this country is preserved in
tranquillity twenty years longer, it may bid defiance
in a just cause to any power whatever, — such, in
that time, wUl be its population, wealth, and re
sources." ^ To gain tirae for this sUent, national
growth and developraent, in order to be better pre
pared for the conflict he foresaw, was perhaps not
among the least of his considerations for finally
acquiescing in a one-sided arrangement, to which
he felt so strong a repugnance.^ Here, for the
1 Letter to same, 31st August, afterwards expressly avowed by
1795, Hamilton's Works, vol. vi. him in the fareweU address. In
p. 33. that solemn testamentary paper he
2 To Gouverneur Morris, 22d says, " With me, a predominant
December, 1795, Sparks's Wash- motive has been to endeavor to
ington, vol. xi. pp. 99-105. — See gain time to our country to settle
the letter of G. Morris, and the and mature its yet recent insti-
notes exchanged between him and tutions, and to progress, without
Lord Grenville, which led to the interruption, to that degree of
reply of General Washington here strength and consistency which is
referred to, in Life and Correspond- necessary to give it, humanly
ence of G. Morris, vol. iii. pp. 53- speaking, the command of its own
66. fortunes."
' This motive of policy was

REASONS FOR WASHINGTON'S COURSE. 525
present, we leave this painful, and to many minds
humiliating, subject. It wiU meet us, again in
another scene, — the deliberations of Congress on
the legislative measures for carrying the treaty into
effect, — when we shall have occasion to speak of
the course of Mr. Madison Avith regard to it, in his
official, representative character.

CHAPTEE LIL
Relations with France — Arrival of Mr. Monroe in Paris — Reception by
the Convention — His Successful Negotiations with the French Gov
ernraent in the Outset — Suddenly arrested by News of Jay's Treaty
with England — Erabarrassraents of his Situation — Correspondence
with Mr. Jay — Resignation of Office of Secretary of State by Ran
dolph, and Death of Attorney-General Bradford, create Necessity for
New Ministerial Arrangements — Mortifying Failure of the President
in endeavor to bring First-rate Characters into the Cabinet — Causes
of the Failure — The President consults Colonel Hamilton in the
midst of his Embarrassments — Coolly answered that he must be
content witli. " Second-rate Characters " — Finally driven to the
Necessity of making Timothy Pickering Secretary of State ; James
McHenry, of Maryland, Secretary of War ; and Charles Lee, of Vir
ginia, Attorney-General — Disadvantages under which the President
was placed by Degeneracy in the Character of his Cabinet — Meeting
of the Fourth Congress — Dayton, of New Jersey, elected Speaker
of the House of Representatives — President's Speech — Address
reported by Majority of Coraraittee objected to, on account of Indirect
Approval of British Treaty — Report 'recoraraitted, and Modification
proposed by Mr. Madison unanimously agreed to by the House — Dis
course of the New French Minister, Adet, on the Presentation of
the Colors of the French Republic to the President — Cordially and
enthusiastically responded to by the President — President's Answer
extremely distasteful to the Federal Party — British Treaty laid
before both Houses of Congress — Resolution of Mr. Livingston
calling upon the President for Instructions to the Minister and his
Correspondence with the Government — Amendment, reserving Larger
Discretion to the President, moved by Mr. Madison — Federalists, fi'om
Motives of Party Strategy, combine with Minority of RepubUcans,
and defeat Amendment — General Discussion on the Original Resoln-

ARRIV^VL OF MR. MONROE IN' PARIS. 5-27
tion, involving the respective Constitutional Limits of the Treaty-
making and Legislative Powers — Discussion participated in by aU
the Leading SIeml)ers of botli Parties — Distinguished Part in it bome
by Mr. Madison — Resolution finaUy carried by a A'ote of Sixty-two
to Thirty-seven — President, by Advice of his Cabinet, refuses Com
pUance, and, in a Message drawn bv thera, assigns the Reasons of his
Non-compliance — Message taken up for Consideration — Answered
with Great .Ability, and a Respectful Delicacy towards the President,
by Mr. Madison — Question left to the Decision of the House upon
tlie Arguments of the Message, and Mr. Madison's Reply — Resolu
tion in Opposition to the Doctrines of tlie Alessage, and affirming the
Constitutional Powers of the Legislature, passed by a Large Majority
— Resolution brought forward by the Friends of the Treaty for carry
ing it into Immediate EtTect — OutUne of Mr. Madison's Able and
Seandiing Speech in Opposition to it — Debate becomes general —
Celebrated Oratorical Effort of Mr. Ames in Support of the Resolu
tion — On taking Question in Committee of the AVhole, an Equal A'ote
of Forty-nine to Forty-nine on Either Side — Chairman of Committee,
not approving the Resolution, decides in fiivor of its going to the
House, to be there amended — Carried in the House by n Vote of
Fifty-one to Forty-eight, several Members who voted in the Affirma
tive declaring their decided Disapprobation of the Treaty — Extreme
Excitement of tlie FederaUsts under Apprehension of losing their
Favorite Measure — Revolutionary Measures, in that event, meditated
by thera — Coup d'Etat concocted for the Occasion by Colonel HamU
ton, and strongly urged upon his PoUtical Friends in Congress.
Whtle the negotiations Avith Great Britain, of
which we have given an account in the preceding
chapter, were going forward, the relations of the
United States with France were in an embroUed
condition, which caUed for aU the AdgUance, promp
titude, and tact of the new minister, Mr. Monroe.
He arrived in Paris on the 2d dav of Aus;ust. 1794.
two days after the doAvnfaU of Eobespierre. when
.tiiat blood-stained monster, Avith his coUeagues

528 LIFE AND TIMES OF MADISON.
Couthon and St. Just, and their daring associates,
were conducted in their turn to the same guillotine
they had so long kept in ceaseless activity for the
destruction of unnumbered victims. This event, in
the interests of humanity and France, put a term
to those cruel and sanguinary atrocities which had
hitherto marked the course of her internal convul
sions. The nation once more breathed with free
dom ; and from that moment a system of salutary
re-action was commenced and pursued by the Na
tional Convention.
The moment seemed a propitious one for the
re-inauguration of the diplomatic relations of the
United States with their former ally and friend;
and yet there were serious obstacles to be over
come. The predecessor of Mr. Monroe, Mr. Morris,
had lost entirely, if he ever possessed, the confidence
and good feelings of the republican authorities of
France ; and, under his auspices, the coraraerce and
citizens of the United States had been subjected to
many vexations and annoyances. There was also
still lingering in the executive councils of France,
particularly with some members of the Comraittee .
of Public Safety, a feeling of alienation and distrust
towards the United States, fostered by the repre
sentations and conduct of their agents in America,
as AveU as provoked by the offensive demeanor and
sentiments of the American Minister in France.
Under these circumstances, Mr. Monroe, finduig
the commissary of foreign affairs dilatory in his
movements, took the bold step of addressing him-

SUCCESSFUL NEGOTIATIONS WITH FRANCE. 529
sfelf for his reception directly to the National Con-
visntion, accompanying the application with a frank
and cordial expression of the friendly sentiment of
the government and people ofthe United States for
the French republic. He was received the follow
ing day with the utmost enthusiasm in the bosom
of'the Convention; his address on the occasion was
answered, with an unbounded effusion of feeling,
by the president of the body. Merlin de Douai ;
and the flags of the two countries were a few days
afterAvards intertwined in the hall of the Assembly.
Mr. Monroe availed himself of these favorable im
pressions to enter at onee upon the business of his
mission.' In a short time he obtained not only a revoca
tion of the decrees by which the commerce of the
United States had been interrupted, and a liberal
measure of redress for the wrongs of our citizens,'
but assurances of the powerful aid of the good offices
of the republic in the settlement of our national
difficulties with Spain and the Barbary powers. In
short, to use the language of Mr. Monroe, " Such
was now our situation with the French republic,
and with other powers so far as depended on the
French republic, that there was but one point upon
which we had cause to feel or express any solici
tude, — which was that it might not vary."^
1 The acts of reparation here 1795, — in the French RepubUcan
refen-ed to were made by two arrets calendar, 14 Nivose, I'an 8. — See
ofthe Committee of Public Safety, Monroe's View,' pp. 95, 106.
— the first of 18th November, 1794, ^ Monroe's View, p. xvii,
arid the other ofthe 4th bf January,
VOL. III. 34

530 LIFE AND TIMES OF MADISON.
Just at this moment, intelligence reached France
that Mr. Jay had concluded a treaty with Great
Britain, containing stipulations unfriendly and inju
rious to the rights and interests of the French na
tion. The first annunciation of a special mission
from the United States to England, committed to
the hands of one of Mr. Jay's known political sen
timents, and long-cherished antipathy to France,
excited feelings of uneasiness in the minds of the
French government. These Mr. Monroe had al
layed for a time, by assuring them, in the language
of his instructions, that " the motives of Mr. Jay's
mission were to obtain immediate compensation for
our plundered property and restitution of the west
ern posts;" and further, that "he was positively
forbidden to weaken the engagements between the
United States and France."
The Committee of Public Safety at length, on the
27th of December, 1794, addressed a formal note to
Mr. Monroe, informing him of the report which had
reached them, and desiring to be furnished with the
treaty, as " the only means of enabling them to ap
preciate " the representations that had been made
to them. Mr. Monroe immediately and frankly
replied that he had received a letter from Mr. Jay,
informing him that he had accomplished the prin
cipal object of his mission, by concluding a treaty
with England on the 19th of November last, which,
containing an express declaration that " nothing
therein should be construed or operate contrary to
existing treaties between the United States and

MR. JAY'S COMMUNICATIONS. 531
other powers," ought not to give uneasiness to
France or any other power. Mr. Monroe added
that he Avas altogether ignorant of the particular
stipulations of the treaty, but assured the commit
tee, that, " as soon as he was informed thereof, he
would communicate the same to them."
Mr. Jay determined not to communicate the
ti-eaty to enable Mr. Monroe to satisfy the inquiries
of the French government ; but in a letter, 28th
November, 1794, intimated thathe would send him
the "principal heads of it confidentially." In an
swer to this letter, Mr. Monroe felt it his duty to
inform Mr. Jay, that nothing short of the text of the
treaty, to Avhich the French government thought
itself entitled as an ancient and faithful ally, would
now allay its excited jealousies ; and convinced as
he had been by the repeated assurances of Mr. Jay,
that there was nothing in it to which any just ex
ception could be taken by the authorities of France,
he submitted to his consideration whether it Avould
not be best to afford them the opportunity of seeing
and calmly considering it for themselves.' In the
correspondence Avhich ensued, Mr. Jay discovered
great soreness and irritability. He finally fell upon
the expedient of proffering an oral communication
of the contents of the treaty to Mr. Monroe, through
his secretar)' of legation. Colonel Trumbull, but
clogged Avith such conditions as made it evidently
inexpedient and improper for Mr. Mom-oe to receive
1 See the letter of Mr. Monroe, View, Appendix, pp. 113, 114, 143-
and Mr. Jay's reply, in Monroe's 145.

532 • LIFE AND TIMES OF MADISON.
it.' The same communication having been made
by Colonel Trumbull to an American citizen of re
spectability in Paris, the substance of it, was reduced
by the latter to writing ; and in that form, upon his
responsibility, communicated to Mr. Monroe, by
Avhom it was sent to the Comraittee of Public Safety.
It failed, as may well be supposed, to have any effect.
In an interview, M'hich took place about this
time, between Mr. Monroe and the diplomatic sec
tion of the Comraittee of Safety, they protested with
great energy and Avarrath against the withholding,
whether by the vrilful refusal of Mr. Jay alone or
with the sanction and approval of his govemment,
of the treaty lately concluded with Great Britain
under circumstances of so interesting and peculiar
a character. " It could not otherwise than excite surprise in
the councils of the govemment," they said, " when
it was observed, that, in the height of their war
with the coalesced powers, and with England in
particular, America had stepped forward and made
a treaty Avith that power, the contents of which
were so carefully and strictly withheld from the
knowledge of the French government. For, if
the treaty were not injurious to Fi-ance, why was it
withheld from heri Was it prudent for one ally
to act in such a manner with regard to another, and
especially under the present circumstances and at
1 Monroe's View, p. xx., and Mr. Jay's letter by Colonel Trum-
his despatch of 14th April, 1795, buU to Mr. Monroe, idem, Appen-
Appendix, pp. 145-148. — See also dix, pp. 154, 165.

EFFECT OF THE TREATY IN FRANCE. 533
the present time, as to excite suspicions of the kind
in question?"
lilr. Monroe repeated, as he had often before
done, his persuasion, derived, doubtless, from the
assurances of Mr. Jay, that the treaty contained
nothing which ought to give uneasiness to France ;
and if it did, and especially if it weakened in any
manner our connection with her, it Avould not be
approved in America.'
Nothing further was known of the treaty in
France until the middle of August, 1795, when
the treaty itself, as published in the American
newspapers, reached France. " The possession of
it," says Mr. Monroe, " enabled the French govern
ment to judge for itself upon all the points which
it involved. Nor was the effect it produced an
equivocal one ; for there did not appear to me to be
any description of persons, not in the interest of the
coalesced powers, who did not openly and severely
censure it." ^ Still the treaty had not yet been
ratified by the President, and it was hoped it would
hot be. When at length ucavs was received of
the ratification by the President, a further hope
remained, that, in the face of the imraense demon
stration of the popular disapprobation of the treaty
in the United States, Congress would not pass the
legislative measures for carrying it into execution.
Thus was Mr. Monroe, notwithstanding the lower
ing cloud which impended over the harmony of the
1 Despatch of 24th April, 1795, in Monroe's View, App., p. 147.
2 Monroe's View, &o., p. xxxiv.

534 LIFE AND TIMES OF MADISON.
two republics, Avhile yet a lingering ray of hope
irradiated the gloom, enabled to maintain for a sea
son the friendly footing on which, by his frankness
and courage, he had replaced their ancient relations,
political as Avell as commercial. What measures
Avere adopted by the French government after the
final action of both the legislative and executive
departments of the United States on the treaty was
known in France, as well as the course pursued by
the new French Minister, Monsieur Adet, in the
United States, will appear in the further progress
of this narrative.
We raust now advert to some occurrences, not
without interest, in the domestic history of the coun
try. A feAV days after the resignation of the office
of secretary of State by Mr. Eandolph, the attorney-
general, Mr. Bradford, died. Tavo vacancies were
thus produced in the cabinet; and the President
most earnestly sought to bring into the vacant
places men enjoying the public confidence, and
eminent for then- virtues and talents. The first
place was successively offered to Mr. Patterson of
New Jersey, then associate-justice of the Supreme
Court of the United States ; Governor Johnson, of
Maryland ; General Charles Cotesworth Pinckney,
of South Carolina ; Patrick Henry, of Vkginia ;
and Eufus King, of New York. By each of them
it was declined. The appointment of attorney-
general was offered to John Marshall of Virginia,
future chief-justice' of the United States ; and, on
his decUning it, to Colonel Innis of the same State,

FAILURE TO RE-ORGANKE THE CABINET. 535
distinguished for his eloquence and abUity, as weU
as for his private and public virtues ; and by him
also it was declined.
No other alternative now remaining to the Presi
dent, after his repeated and mortifying failures to
fill the first office with qualifications and a charac
ter of suitable elevation, he at last conferred it on
the secretary of war, Mr. Pickering, who, upon the
resignation of Mr. Eandolph, had been temporarUy
assigned to its ordinary routine duties until a per
manent appointment could be made. The selec
tion of this gentleman was evidently a ^is aller, not
made until the ofiice had been vacant for three
months, and the numerous efforts to fill it suitably
had entirely failed. The department of war now
becoming vacant also, it Avas successively offered to
Colonel Carrington of Virginia, General Pinckney
of South Carolina, and Governor Howard of Mary
land, and by all of them declined. So uniform and
persevering a refusal of the highest offices of the
government by the ten or twelve distinguished gen
tlemen to whom they were successively offered by
the President, seems to admit of but one explana
tion, — an insuperable repugnance felt by them to
an association with the tAvo remaining members of
the cabinet as their colleagues in office.
In the midst of these anxious efforts of the Pres
ident to fill the vacant places in his cabinet with
men of high characters, congenial Avith his own and
worthy of the public confidence,' he wrote to Colonel
HamUton, informing him of the difficulties he had

536 LIFE AND TIMES OF MADISON.
met with, and asking the suggestion of any eUgible
names which might have occurred to him, and re
ceived the following very cool, if not very encour
aging or edifying, reply : —
" A first-rate character is not attainable. A sec
ond-rate must be taken, with good dispositions and
barely decent qualifications. I wish I could throw
more light. It is a sad omen for the govemment."
The occurrence of this sad omen for the govern
ment — which Colonel HamUton affected to lament,
while it gave him a most important control over
public measures, through his pUant tools in the
cabinet — was mainly the result, as we have already
shown,' of his own conduct in declining to resign
the office of secretary of the treasury at the time
Mr. Jefferson resigned that of secretary of State;
and thus obstructing the President's freedom of
-action in the reconstruction of his cabinet on its
original principle of a representation in the exec
utive councils of the different shades of political
opinion in the nation, retaining in his own hands,
as the responsible head of the govemment, the ulti
mate decision of every question, after impartially
weighing all the arguments and considerations
which should be brought forward on the one side
or the other. For a chief magistrate of General
Washmgton's antecedents declaring himself, as he
did to the last, to be of " no party," but anxiously
seeking truth and the Ayelfare of the nation through
every channel of information and advice accessible
1 Chap, xtviii. ante, pp. 378-882. — See also chap. li. pp. 487-490.

"SECOND-RATE" MEN APPOINTED. 537
to him,' this was evidently the position most suita
ble to the dignity of his character and his conscien
tious sense of duty, as well as most consistent with
the true theory of the Constitution.
The President, failing in his endeavors to fill the
offices of attorney-general and secretary of war, as
well as that of secretary of State, Avith the high
grade of character and qualifications he deshed,
conferred at last the appointment of attorney-
general on Mr. Charles Lee of Virginia, Avhose
local reputation even, for professional ability, was
hardly second-rate, but in whose honor and fidelity
the President could repose full confidence. A
most significant passage occurs in his letter ten
dering the appointment to Mr. Lee. " I should be
much gratified," he said, " in having a confidential
officer about me on whom I could rely." ^ Picker
ing and Wolcott were then in the cabinet; but
there could be no real or cordial trust between
men of their little views and mousing politics, and
the large and lofty spirit of Washington, Avhich
they seemed incapable even of comprehending.
Soon after the office of attorney-general was filled
by the appointment of Mr. Lee, that of secretary at
war was tendered to and accepted by Mr. James
McHenry of Maryland. This gentleman had been,
for a short time, member of the military family of
General Washington during the war of the Eevo-
1 See his letter to Timothy Pick- letter to Mr. Jefferson, of 6th July,
ering, of 27th July, 1795, in Sparks's 1796, idem, p. 139.
Washington, vol. xi. p. 40; also " Sparks's Washington, vol. xi.
pp. 92, 93.

538 LIFE AND TIMES OF MADISON.
lution ; was also for a short time member of the
Congress of the Confederation ; and finally one of
the delegates from the State of Maryland to the
Federal convention. In none of these situations
did he acquire the slightest distinction. Colonel
Harailton, notAvithstanding their thorough agree
ment and close union in politics, said of him in the
letter to the President to Avhich we have already
referred, " McHenry will bring no strength to the
administration ; but ' his views are good." And
so, according to Colonel Hamilton's standard, were
the views of all the members of this dwarfed cab
inet imposed upon the President by an extraordi
nary combination of contrivance and ill-fortune.
They Avere all thorough HamUtonian Federalists.
Mr. Madison, in comraunicating to Mr. Jefferson
the last of these appointments, — that of McHenry,
— asked with truthful significance, " Through what
official interstice can a ray of republican truth now
penetrate to the President 1 " '
The disadvantages, as well as mortifications, of
the situation in which the President was thus placed
were keenly felt by him. A great philosopher,^
profoundly versed in affairs of state as well as in
every branch of human wisdom, has remarked that
it is no derogation to the sufficiency of the wisest
princes to feel the need of able and honest coun
sellors. He adds with reverence, that " God him
self is not without, but hath made it one of the
names of his blessed Son, the Counsellor." Wash-
1 Letter of 7th February, 1796. 2 Bacon.

DIVISION OF PARTIES IN FOURTH CONGRESS. 539
ington was now surrounded with counsellors who
not only gave no light themselves, but assiduously
shut out light from every other quarter. If there
fore, in any instance during the remaining period
of his administration, he shaU appear to have fallen
into error, candor will know where to visit the
blarae of the aberration ; whUe the general rectitude
and wisdom of his measures bear testimony to the
extraordinary degree in which his firm and clear
understanding sufficed to itself, and triumphed, for
the most part, over the disadvantages of his external
situation. The time was now at hand for the first meeting
of the Fourth Congress. The elections to this
Cougress, as to the preceding, had given rise to
animated contests in every part of the Union where
parties were nearly balanced. There Avere changes,
both individual and political, in the representation
of the several States, but not such as to affect in
any essential degree the relative strength of parties
as they stood in the last Congress. The Eepub
licans still held the majority, though not a large
one, in the House of Eepresentatives. TheU nu
merical strength in that branch was said to be fifty-
six, and that of their opponents forty-nine.'
Mr. Dexter had lost his election in Massachu
setts, and Mr. Fitzsimmons his in Pennsylvania;
Mr. pdward Livingston, a new and young member
of much promise, was returned from NeAV York;
Mr. Gallatin, from Pennsylvania ; and Mr. Eobert
1 Ames's Life and Correspondence, vol. i. p. 180.

540 LIFE AND TIMES OF 'ilADISON.
Goodloe Harper, from South Carolina. In the
delegation of Virginia, the only changes of any
note were in the substitution of Mr. Eichard
Brent in the place of Mr. Eichard Bland Lee, and
of Colonel Samuel Jordan Cabell in the place of
Colonel Francis Walker. Mr. Madison would
gladly have declined a re-election. After twenty
years of arduous and uninterrupted service in the
public councils, he would uoav, especially since his
recent marriage, have been most happy to exchange
the turmoil and excitement of the parliamentary
arena for the quiet and repose of domestic life.
But his political friends would not allo'w^ it.
In the winter preceding the election, Mr. Jef
ferson wrote to him, " The changes in your Hou^e,
I see, are going on ; and even the Augean herd
over your head is slowly purging off its irapuritiefe.
Hold on, then, my dear friend, that we may not
shipwreck in the mean while. I do not see in the
minds of those with whom I converse a greater
affliction than the fear of your retirement. But
this must not be, unless to a raore splendid and
efficacious post. There I should rejoice to see
you, — I hope I may say, shall rejoice to see you."
The perspective of future, and even the highest,
political honors had no infiuence on the unam
bitious mind of Mr. Madison ; for in his answer
he turned aside from it with prompt and unaffected
repugnance.' But he felt he owed much to coh-
1 See his letter of 23d March, 1795, in Congressional compilation of
his Writings, vol. ii. p. 38.

THE PRESIDENT'S SPEECH. 541
stituents who had sustained him, with unwavering
cpnfidence, through some of the severest trials of
his public life ; and, though longing for retreat, he
was unwUling to dissolve his connection with thera
abruptly. He consented, therefore, to serve for yet
one raore term of representative duty.
Congress coraraenced its session on Monday, the
7th day of Deceraber, 1795. The fhst act of the
House of Eepresentatives was the election of a
speaker. The choice, owing to the diversion of
some Eepublican votes, fell on Mr. Jonathan Day
ton of New Jersey, who, though generally classed
with the Federal party, had on several iraportant
questions during the last Congress, especially those
involving the relations with Great Britain, acted
with the Eepublicans. On the following day, the
President delivered his speech to the two Houses
assembled in the EepresentatiA'e charaber.
The speech of the President began by announ
cing the conclusion of a treaty with the North-west
ern Indians, the friendly accommodation of our
difficulties with the Barbary powers, and the pros
pect of an early adjustment of our differences with
Spain. It simply referred to the fact of a treaty
having been negotiated with Great Britain, which,
in pursuance of the advice of the Senate, and " of
the best judgment he was able to form of the public
interest, after full and mature deliberation," he had
ratified ; but no information had yet been received
of its ratification on the part of Great Britain,
When received, the result would be immediately

542 LIFE AND TIMES OF MADISON.
laid before Congress. This topic Avas eAddently
approached Avith great tenderness and caution, and
only in connection Avith a general summing-up of
the condition of the foreign relations of the country.
" If," it was said, " by prudence and moderation on
every side, the extinguishment of all the sources of
external discord, Avhich have heretofore raenaced
our tranquillity, on terms consistent with our na
tional rights and honor, shall be the happy result,
hoAv firm and precious a foundation will have been
laid for accelerating, maturing, and establishing the
prosperity of om- country ! "
The speech, as usual, Avas referred to a commit
tee to prepare an address to the President; and
Mr. Madison, as usual, was made chairman, — Mr.
SedgAvick of Massachusetts, and Mr. SitgreaA'es of
Pennsylvania, being associated with him upon the
committee. These two members of the committee
were favorers of the British treaty, and were anxious
to introduce into the address a clause indicating
approbation of it ; which, knowing as they did how
unacceptable the treaty was to a majority of the
House, they sought to effect indirectly, by declaring
the " undiminished confidence of his fellow-citizens
in the President," and the benefits of " an unparal
leled spectacle of national happiness derived from
his zealous and successful labors in their service."
This clause did not and could not meet with the con
currence of Mr. Madison, as asserting a' fact Avhich
it was irapossible to reconcile with the actual and
known state of public opinion in the country.

MODIFICATION OF ADDRESS AGREED TO. 543
, Opposition was made to the clause when the
address was reported to the House ; and it was re
committed to the comraittee which brought it in,
enlarged by the addition of two more members.
On the following day, Mr. Madison reported a
modification of the clause, which, in lieu of the
assertion of an " undiminished confidence of his
fellow-citizens in the President," paid the follow
ing glowing and affectionate tribute to his exalted
character and merits, unmixed with any debatable
matter of mere party ascription : —
" In contemplating that spectacle of national
happiness which our country exhibits, and of
which you, sir, have been pleased to make an
interesting summary, permit us to acknoAvledge
and declare the very great share Avhich your zeal
ous and faithful services have contributed to it, and
to express the affectionate attachment which we
feel for your character."
Mr. Madison, in using this language in the narae
of the representatives of the people, only gave ex
pression to his own long-felt and deeply cherished
sentiments towards the President. The address,
as thus modified, was at once and unanimously
adopted. With respect to the British treaty, there seems to
be no doubt that the sentiments and convictions of
a considerable majority of the House were against
it, Mr. Madison, in a letter of the 13th December,
1795, to Mr. Jefferson, says, " There is pretty cer
tainly a great majority against the ti-eaty on its

544 LIFE AND TIMES OF MADISON.
merits." In a letter to Mr. Monroe of the 20th of
the same month, he repeats, " There is a clear ma
jority who disapprove the treaty." A week later,
he writes, —
" The silence of the address as to the treaty was
an accomraodation to the wishes of a few, Avho pre
ferred taking it up by itself afterwards. These
individuals have not shown as much forwardness
as was expected ; and owing to that cause, and to
the account of an exchange of ratifications, and the
momentary expectation of the treaty, nothing is yet
done on the subject. The situation is truly per
plexing. It is clear that a majority, if brought up
to the merits of the treaty, are against it. But as
the treaty is not regularly before the House, and an
application to the President brings him personally
into the question, with some plausible objections to
the measure, there is great danger that enough wUl
fly off to leave the opponents of the treaty in a
minority." In consequence of these differences of opuiion
as to the mode of reaching the subject among thfe
opponents of the treaty, it was at last agreed to
postpone any action in relation to it until the treaty
should be regularly before the House upon a com
munication of the executive, when intelligence of
the exchange of ratifications should be received
from England. In the mean time, a proceeding
of a very interesting and imposing character took
place, in which the President was called to bear
the chief part, and which drew from him a manly

PRESENTATION OF THE FRENCH COLORS. 545
and unreserved expression of his sentiments towards
France and the great cause in which she was en
gaged ; showing that, by whatsoever motives others
might be, and Avere supposed to be, influenced in
then- support of the British treaty, neither unfriend
liness to France or her struggles, nor subserviency
to the views of England, found any place in his
bosom. A few months after the reception of Mr. Monroe
as Minister of the United States in France, the
Committee of Public Safety adopted a solemn ad
dress to the representatives of the United States in
Congress assembled, testifying, in the most ardent
terms, their attachment to America and American
institutions, and their vows and wishes for a per
petual friendship between the two republics. The
Convention itself decreed, that the national colors
of France should be presented to the United States
in token of these fraternal sentiraents. Monsieur
Adet, the ncAv French Minister, was charged Avith
the presentation of both the address and the fiag ;
and, on a communication received from him, the
President appointed, for the ceremony of presenta
tion, the first day of the new year, as being " a day
of general joy and congratulations."
The Minister's discourse on the occasion, in har
mony with the spirit which marked the proceedings
of his government, expressed, in the ferAdd strain of
theu- national eloquence, the attachment of France
to the United States, and her desUe "to draw closer
VOL. III. 35

546 LIFE AND TIMES OF MADISON.
the ties formed in the battle-fields of America, under
the auspices of Victory over the ruins of Tja-anny."
The President, in his response, warmly and elo
quently avowed his sympathy ¦with the sti-uggles
of the French people in the cause of Uberty,
and his unbounded admUation of their wonderful
achievements in the contest.
" Born, sU," said he, " in a land of Uberty ; hav
ing early leamed its value ; having engaged in a
perUous confiict to defend it ; having, in a word,
devoted the best years of my life to secure its per
manent establishment in my own country, my anx
ious recollections, my sj-mpathetic feelings, and my
best wishes are irresistibly excited, whensoever, in
any country, I see an oppressed people unfurl the
banner of freedom. But, above aU, the events of
the French revolution have produced the deepest
solicitude, as well as the highest admUation. To
caU your nation brave, were to pronounce but com
mon praise. Wonderful people ! ages to come wiU
read Avith astonishment your brUliant exploits."
He then adverted, in glowing and exultant lan
guage, to the recent establishment in France of a
more balanced and stable form of govemment by
the Directorial Constitution of 1795.
" I rejoice that the period of your toUs and im
mense sacrifices is approaching. I rejoice that the
interesting revolutionary movements of so many
years have issued in the formation of a constitu
tion, designed to give permanency to the great
object for which you have contended. I rejoice,

THE PRESIDENT'S ENTHUSIASTIC RESPONSE. 547
that liberty, which you have so long erabraced with
enthusiasm, — liberty of Avhich you have been the
invincible defenders, — uoav finds an asylum in
the bosom of a regularly organized government ;
a government Avhich, being formed to secure the
happiness of the French people, corresponds Avith
the ardent Avishes of my heart, while it gratifies the
pride of every citizen of the United States by its
resemblance to their OAvn. On these glorious events
accept, sir, my sincere congratulations."
The first day that Congress Avas in session after
these proceedings took place, the President sent a
message to each House, coramunicating copies of
the address of the Committee of Public Safety, and
of the discourse of the French Minister, with his
answer to it. The manly and outspoken response
of the President Avas received Avith enthusiasm and
delight by the Eepublican members, as it Avas by
the great body of the nation. In the House, Mr.
Giles, of Virginia, offered a resolution in accordance
with it ; and in the Senate a sirailar resolution was
offered by Mr. Tazewell, one of the Virginia sen
ators. These resolutions (that of Mr. Tazewell in
the Senate, after undergoing an amendment raoved
by Mr. Cabot, of Massachusetts, and warraly sus-
tauied by his colleague, Mr. Strong, and Mr. Ells
worth of Connecticut) met with a general and
formal concurrence in both Houses. It was Avell
known, however, that they were not assented to
cordially by the Federal raembers, to whom the
undisguised declaration of the President's friendly

548 LIFE AND TIMES OF MADISON.
sentiments to France, in his answer to the French
Minister, was exceedingly unpalatable, though they
deemed it necessary to suppress any open dissent
from it. Mr. Madison, writing shortly afterwards
to Mr. Monroe, says, " You will be pleased, and
perhaps surprised, at the scene produced by the
French fiag. The harangue of the President must
grate the British party ; but they are cunning enough
to be silent."
The dread of encountering the President's popu
larity, and the electrical infiuence of the noble and
generous sentiments expressed by hira, subdued the
Federal party into a politic sUence at the time. But
a revelation now made inforras us that their great
political chieftain. Colonel Hamilton, " wholly dis
approved and deeply regretted" the President's
ansAver, both in /orm and substance, and considered
it " as placing the Federal party in a defile, from
which they could not extricate themselves with
honor."' The absolute dominion which that chief
tain exercised over his political foUoAvers does not
permit a doubt that his opinions were also the opin
ions of his party. So much the greater honor to
Washington for his bold and manly avowal of sen
timents honestly entertained by him, and just and
right in themselves, hoAvever distasteful to his pro
fessed adherents, — sentiments due to a nation, our
powerful and magnanimous ally in the hour of
need ; suitable to the head of a vigorous and rising
republic ; congenial with the spUit of American
1 See Hamilton's Hist. Am. Rep., vol. vi. pp. 330-332.

CALL FOR INSTRUCTIONS AND CORRESPONDENCE. 549
freedom and independence ; and called forth by a
most interesting and august occasion in the history
of. the country.
In the latter part of February, the President re
ceived official intelligence of the exchange of ratifi
cations of the British treaty; and, on the last day
of the month, issued his proclamation, in the usual
form, announcing its final consummation. On the
following day — the 1st of March, 1796 — he com
municated to each House a copy of the treaty.
In the House of Eepresentatives, an order was im
mediately taken to refer the President's comrauni-
oation and the treaty to a Committee of the Whole
on the state of the Union. When, on the 7th day
of March, the subject was taken up in Committee
of the Whole, Mr. Livingston of Ncav York moved
a resolution, requesting the President to communi
cate to the House a copy of the Instructions to the
Minister Avho negotiated the treaty, together Avith
the correspondence and other documents relative to
it, " excepting such of said papers as any existing
negotiation may render improper to be disclosed."
Mr. Madison, in a spirit of greater delicacy to
the President and his constitutional functions, pro
posed to make the saving clause in the resolution
yet broader, by excepting " so much of said papers
as, in the judgment of the President, it raay not be
consistent Avith the interests of the United States
at this time to disclose." Strange to say, the pro
posed amendment of Mr. Madison was voted against
by the whole treaty party, on the ground, which

550 LIFE AND TIMES OF MADISON.
some of them had the shamelessness to avow, that
it was expedient, for political reasons, to keep the
resolution in as objectionable a form as possible.
A small number of the Eepublicans, Avho adhered
to the narroAver exception proposed by Mr. Living
ston, being thus re-enforced by the whole host of
the Federalists, Mr. Madison's araendment was lost
by a vote of forty-seven to thirty-seven ; though its
intrinsic fitness and propriety Avere not to be denied,
and have been since vindicated by the invariable
usage of Congress in sirailar cases.'
A general discussion then ensued on the resolu
tion of Mr. Livingston, Avhich was opposed with
great vehemence by the leaders of the Federal
party, as a bold and factious atterapt to encroach
on the constitutional prerogatives of the President
and Senate. The Constitution, it Avas said, vests
an unlimited poAver of making treaties exclusively
in the President and tAvo-thirds of the Senate ; and
also declares treaties, when so made, to be, Avith
the Constitution and laws of the United States,
" the supreme law of the land." Congress, there
fore, has nothing to do with the considerations
which may have led to the conclusion of a treaty,
but are bound, by a blind constitutional necessity,
to provide suitable measures for its execution, when

1 "This accommodating amend- rejecting it." For the motives of
ment," says Mr. Madison in a letter the Federal leaders in opposing it,
of 18th April, 1796, " was opposed see Mr. Robert Goodloe Harper's
by the whole treaty party, who, speech of 9th March, 1796 ; and Mr.
being joined by the warmer men Ames's letter to Mr. Gore, of llth
on the other side, succeeded in March, 1796.

LIMITS OF TREATY-MAKING POWER. 551
once concluded by the treaty-making branch of the
government, however pernicious, or even ruinous, it
might appear to them to be.
To this sweeping argumentation it was replied,
with great force, that while the Constitution had
delegated, in general terms, to the President and two-
thirds of the Senate, the poAver of making treaties,
it had, in the most explicit manner, vested certain
specified legislative powers in Congress, — among
them that of regulating coraraerce, of raising rev
enue, appropriating the public money, declaring
war, &c. ; that the general power of making treaties
could not be construed to supersede or annul the
powers specially and explicitly vested in the legis
lative branch of the government, but that, Avhen
ever a treaty included any subject comraitted by the
Constitution to the legislative department, the co
operative agency of that department was necessary
to give final effect to the treaty, and that in the
exercise of that agency it deliberated with the same
freedom and responsibUity which appertained to its
legislative character in general; that no participa
tion whatever was claimed for the legislature in the
power of making treaties, which was admitted to
be in the President and Senate alone ; that though
a treaty, when duly concluded, is declared to be,
with the Constitution and laws of the United States,
the supreme law of the land, the declaration is
made, as the context shoAVS, with express reference
to the Constitution and laws of the several States,
and cannot in any manner affect the relations of

552 LIFE AND TIMES OF MADISON.
power between the independent departments of the
Federal government.
To these weighty, and as would seem conclusive,
reasonings, it was added, that, however unquali
fied the terras in Avhich the treaty-making poAver is
vested by the Constitution of the United States in
the President and Senate, it cannot be more abso
lutely and exclusively vested in them than the same
poAver is vested in the king by the English Consti
tution;' and yet the acknoAvledged privilege and
invariable practice of the English Parliament is to
deliberate freely on all treaties concluded by the
sovereign relating to commerce, appropriations of
the public money, and AA'hatever else comes within
the ordinary province of the legislative authority,
and to make or withhold provisions for their exe
cution as, all things considered, it shall judge wise
and expedient;^ that this practice, in a system akin
to ours in so many of its features and guaranties
for the public liberty, Avas well known to the people
and deliberative bodies of the United States Avlien
the American Constitution was fraraed and adopted ;
and that it must be presumed to have been borne
in mind by them — as there is abundant evidence,
1 " The sovereign power of thetreatyof commerce with France
making treaties," says Blackstone, negotiated at the same time with
" is vested in the person of the the treaty of peace of Utrecht —
king ; and, whatever contracts he the Parliament actually exercised
engages in, no other power in the this power, by refusing to carry the
kingdom can legally delay, resist, commercial treaty into effect. On
or annul." — Comm., vol. i. p. many other occasions the same
256. power has been clairaed and as-
2 On a memorable occasion — serted, and never denied.

DISCUSSION BY LEADING MEMBERS. 553
indeed, that it was — as an analogous precedent
and guide in reconciling and interpreting the cor
responding provisions of the latter.
It is impossible for us to follow the course of this
debate, which occupied the Liouse for three entire
weeks, and in which thirty-seven merabers, raore or
less distinguished, bore a part. The leading speak
ers in opposition to the resolution were Mr. Sedg
wick of Massachusetts, with four of his coUeagues ;
almost the Avhole delegation of Connecticut; and,
bounding then over the Middle States, in Avhich
the opposition had been able to enlist but few
orators, it re-appeared, with undiminished zeal, in
the persons of Mr. Vans Murray of Maryland,
and of Mr. Sraith and Mr. Harper of South Caro
lina. On the side of the resolution, the principal
champions Avere its mover, Mr. Livingston, of New
York, Avho made an able and eloquent speech in its
support toAvards the close of the debate ; Mr. Gal
latin, of Pennsylvania, who greatly distinguished
himself in the discussion by the keenness and force
of his logic, as well as by the abundant resources
of his information and learning ; General Samuel
Smith, the gallant and outspoken representative of
Maryland ; by Messrs. Nicholas, Giles, Page, and
Brent, of Virginia, led by Mr. Madison, the ac
knowledged standard-bearer of the Constitution;
and in the farther South, /bringing up the column
of parliamentary support, were the able representa
tives of Georgia, Messrs. BaldAvin and Milledge.
The champions on both sides of the debate ex-

554 LIFE AND TIMES OF MADISON.
hibited an ingenuity and abUity which have made
this Congress an epoch in the parliamentary annals
of America. It can be no disparagement, hoAvever,
to any of them, to refer to Mr. Madison's part in it
as a model of lucid constitutional exposition and
analysis, sustained by unansAverable argument;
candid and elevated in tone, as it was Uresistible
in logic ; calm araid surrounding excitements ; soar
ing far above the turbid region of party politics ;
and showing him to be, Avhat he truly Avas, " a
pillar of state," resting on the firm foundations of
knoAvledge and reason, unshaken by the tempests
of contemporary passions, or by " Avinds of doc
trine " fashioned to the varying hour. We must
refer the reader to the speech itself, as reported,
however imperfectly, in the debates of Congress
taken down at the time, to verify by intrinsic proofs
the character here given of it.
On the 24th of March, the question was taken on
the resolution, which Avas carried by a majority of
nearly tAvo to one, the vote being sixty-two yeas to
thirty-seven nays. On the foUoAving day, the reso
lution Avas presented to the President by a commit
tee of tAVO raerabers appointed for the pm-pose;
and, on the SOth instant, he sent a written message
to the House, declining altogether a compliance
with the resolution, on the ground of its alleged
interference Avith functions intrusted by the Con
stitution to another departraent of the govem
ment. This message, we learn from private letters of the

THE PRESIDENT'S MESSAGE. 555
President since published,' was prepared with the
assistance of his new secretaries and attorney-gen
eral. The Avork itself sufficiently bears witness to
the 'prentice-hand eraployed in its execution. It
betrays the President, contrary to the conventional
rules of official intercourse between the different
branches of the government, and to his oavu avcU-
known, dignified reserve, into allusions to the recent
debates of the House, and to his personal knowl
edge of the intentions of the convention Avhich
framed the Constitution. He is also led into a
misconception of the views of the House, by oppos
ing to them the assertion, founded on this personal
knowledge, that the Constitution had " vested the
power of making treaties exclusively in the Presi
dent and two-thirds of the Senate," as if the House
had claimed a participation in that power. The
message then refers, in support of the construction
contended for by it, to certain proceedings of the
State conventions at the time of the ratification of
the Constitution ; and to the fact appearing from the
secret journal ofthe general convention, Avhich had
been confided to the custody of the President, that
a proposition was made in that body, " that no
treaty should be binding on the United States
which Avas not ratified by laio," and that the prop
osition was rejected.
When the message of the President Avas received,
it was moved to refer it to a committee of the whole
1 See Sparks's Washington, vol. xi. pp. 115-117; and HamUton's
Works, vol. VI. pp. 99, 100.

556 LIFE AND TIMES OF MADISON.
House on the state of the Union. This motion was
resisted with great pertinacity and violence by the
leaders of the Federal party. It was carried, how
ever, by a large majority. The message Avas taken
up for consideration on the 6th of April, 1796,
when tAVO resolutions, declaratory of the principles
and opinions of the House, Avere offered by Mr.
Blount of North Carolina. The leading resolution
declares, " that the House of Eepresentatives does
not claim any agency in making treaties ; but that,
when a treaty stipulates regulations on any of the
subjects submitted by the Constitution to the poAver
of Congress, it must depend, for its execution as to
such regulations, on a law or laws to be passed by
Congress ; and that it is the constitutional right and
duty of the House, in all such cases, to deliberate
on the expediency or inexpediency of carrying such
treaty into effect, and to determine and act thereon
as in their judgment may be most conducive to the
public good."
As soon as the resolutions of Mr. Blount were
offered, Mr. Madison rose to address the House in
their support, and in answer to the message. The
spirit in Avhich this most delicate duty Avas per
forraed by him is aptly defined in the observations
with Avhich he introduced the discussion. "If,"
said he, " in the present instance, it is to be partic
ularly regretted that a difference of opinion sliould
have arisen between tAvo of the constituted authori
ties of the government, every motive to the regret
is a motive to calmness, to candor, and the most

MR. MADISON'S CLOSE ANALYSIS. 557
respectful delicacy towards the other constituted
authority. On the other hand, the duty Avhich the
House of Eepresentatives must feel to themselves
and to their cdnstituents requires that they should
examine the subject with accuracy as well as with
candor, and to decide on it with firmness as well as
with raoderation."
He then proceeded to review, with a close and
minute analysis, every topic of the message con
cocted by the President's new counsellors ; and, in
doing so, left them not an inch of ground to stand
upon before an enlightened public opinion. It is
not possible to follow here every step of this able
and conclusive demonstration. We can find room
for only two citations, which derive a particular
interest frora the relation in which the speaker
stood to the subject-matter of them. With regard
to the extract from the journal of the Federal
convention, showing that a proposition to declare
that " no treaty should be binding on the United
States which was not ratified by law" had been
rejected by that body, he said, —
" He alloAved this to be more precise than any
evidence draAvn from the debates in the conven
tion, or resting on the memory of indiAdduals. But
admitting the case to be as stated, of Avhich he had
no doubt, although he had no recollection of it ; '
1 Although Mr. Madison, as was stated by him in this discussion, "a
weU known, had taken notes of the single note to assist his memory."
debates and proceedings of the Fed- The " Debates," &c., taken down by
eral convention, " he had not with him, were then in Virginia, deposit-
him at the seat of government," as ed with his friend Mr. Jefferson.

558 LEFE AND TIMES OF MADISON.
and admitting the record of the convention to be
the oracle that ought to decide the true nieaning
of the Constitution, — Avhat did this abstract vote
amount to 1 Did it condemn the doctrine of the
raajority"? So far from it, as he understood their
doctrine, they must have voted as the convention
did ; for they do not contend that no treaty Avhat
ever can be operative Avithout a law to sanction it.'
On the contrary, they adrait that some treaties will
operate without this sanction, and that it is no
farther applicable in any case than Avhere legisla
tive objects are embraced by treaties. The term
' ratify ' also deserves attention ; for, although of
loose signification in general, it has a technical
meaning different from the agency claimed by the
House on the subject of treaties."
In relation to the proceedings of the State con
ventions Avhen deliberating on the acceptance of
the Constitution, AA'hich had been referred to in the
message, he said, —
" He would appeal to the comraittee to decide,
whether it did not appear, from a candid and col
lective vieAV of the debates in those conventions,
and particularly in that of Virginia, that the treaty-
making power Avas a limited power ; and that the
powers in our Constitution, on this subject, bore an
analogy to the poAvers on the same subject in the
government of Great Britain. He wished as little
as any meraber could to extend the analogies be
tAveen the two governraents ; but it was clear that
the constituent parts of two govemments might be

MR. BLOUNT'S RESOLUTIONS ADOPTED. 559
perfectly heterogeneous, and yet the poAvers simi
lar." After a reAdcAv, somewhat more in detaU, of
some of the proceedings of the State conventions,
he added, " On a revicAv of these proceedings, may
not the question be fairly asked Avhether it ought
to be supposed that the several conventions — Avho
showed so much jealousy with regard to the poAvers
of commerce, of the purse, and of the sAvord, as to
require for the exercise of them, in some cases two-
thirds, in others three-fourths, of both branches of
the legislatm-e — could have understood that, by the
treaty clauses in the Constitution, they had given to
the President and Senate, Avithout any control what
ever from the House of Eepresentatives, an absolute
and unlimited power on all these great objects "? "
No other speech was made on the subject of the
Message but that of Mr. Madison, which neither
admitted of reply by his opponents, nor addition
to its clearness and force by his friends. By tacit
consent, the question was then left to the decision
of the House ; and the resolutions of Mr. Blount,
asserting the constitutional rights of the House
against the doctrines of the Message, were carried
by a vote of fifty-seven to thUty-five. Six mem
bers, who happened not to be in their seats when
the question was taken, came in and requested
perraission to record their votes in favor of the
resolutions, which would have made the division
sixty-three to thirty-five; ' but this the rules of the
House did not allow.
1 Letter of Mr. Madison to Mr. Jefferson, llth April, 1796.

560 LIFE AND TIMES OF MADISON.
The tieaty itself was taken up for consideration
in Committee of the Whole on the 15 th of April,
A resolution was offered declaring it expedient to
make the necessary appropriations for carrying the
treaty into effect. At the same time, another reso
lution was laid on the table, which, reciting the
need of fuUer information Avith regard to the treaty,
and the wanton perseverance of Great Britain in
the impressment of American seamen and the un
laAvful seizure of American vessels, declared it to
be the duty of the House, in fidelity to the trust
reposed in it, to forbear at present taking any
active measures for carrying the treaty into effect.
The debate on these resolutions was opened by
Mr. Madison in a speech of great calmness and
deUberation, making no appeal to the passions of
the House, but addressing himself exclusively to
its sober reason and judgment. He showed the
want of reciprocity in some of the most essential
provisions of the ti-eaty ; its abandonment of claims
of unquestionable justice, hitherto recognized by
Great Britain herself; its sacrifice of highly im
portant national interests, connected Avith the com
merce and legislative sovereignty of the United
States ; and, finaUy and especially, its Ul-advised
concessions on questions of maritime law, calculated
directly to compromise our relations of neutrality
and peace with another power, to whom we owed
fair deaUng and good faith at least, not to speak of
the obUgations of gratitude and honor. Having had
occasion akeady to notice the views of Mr. Madison

OUTLINE OF MR. MADISON'S SPEECH. 561
on these topics, as expressed in his correspondence
at the time of the first appearance of the treaty, we
confine ourselves here to a few brief extracts of his
speech, relative to the bearings of the treaty on the
relations of the country with France.
Eeferring to the implied sanction given by the
eighteenth article of the treaty to the seizure of our
provision vessels destined to France, he recaUed the
positions taken by the governraent in the despatch
of Mr. Jefferson, then secretary of State, of the
7th of Septeraber, 1793, to Mr. Pinckney, reraon-
strating against the British order of the Sth of June
of that year, Avhich first inaugurated those unlaw
ful seizures. The ground then deliberately assuraed
and pressed by the executive of the United States
was, that subraission on our part to the principle
of that order would be virtual war upon France.
"If," said the despatch of the secretary of State,
" we perrait provisions to be sent to Great Britain
and her friends, we are equally bound to permit
the same trade to France. To restrain it with
France would be a partiality Avhich must lead to
war; and between restraining it ourselves, and
permitting her enemies to restrain it unrightfully,
is no difference. She would consider this as a
mere pretext, of which she would not be the
dupe." Mr. Madison proceeded to apply this well-con
sidered doctrine of the executive to the existing
condition of things : —
" The continuance of the spoliations on our
VOL. III. 36

562 LIFE AND TIMES OF MADISON.
trade, and the impressment of our seamen, whether
to be considered as a practical commentary on the
treaty or as infractions of it, could not but enforce
on the minds of the committee the most serious re
flections. He referred again to the passage he had
read from the despatch of Mr. Jefferson to Mr.
Pinckney, and asked if, as there stated, our neutral
ity and peace with France would be compromised
by permitting practices of that kind, what would be
thought of our giving effect, in the midst of such
practices, to a "treaty from which a countenance
might be derived by the offending nation for going
on with them."
In this connection, Mr. Madison expressed —
though in doing so he said he might be " stepping
upon delicate ground " — his firm belief, that, if the
President had not signed the treaty when he did,
and were now called on to do so under the actual
circumstances of the moment, he would withhold
his signature. He concluded with the following
reraarks in answer to the alarm which had been
sounded of a war with England, as the consequence
of a faUure to provide for the immediate execution
of the treaty : —
" The idea of war, as a consequence of refusing
to give effect to the treaty, is too visionary and in
credible to be admitted into the question. No man
would say, that the United States, if an independent
people, had not a right to judge of their own inter
ests, and to declme any treaty that did not duly
proAdde for them. A refusal, therefore, could be

CELEBRATED SPEECH OF MR. AMES. 563
no cause nor pretext nor provocation for war or for
any just resentment. But, apart from this, was it
conceivable that Great Britain, Avith all the dan
gers and embarrassments which are now thickening
upou her, would Avantonly make Avar upon a coun
try which was the best market she had in the
AVorld for her manufactures, which paid her an
annual balance in specie of ten or twelve millions
of dollars, and whose supplies were indispensable
to an important part of her dominions 1 , . . With
all the objections, therefore, to the treaty Avhich he
had stated, he hoped it would not now be carried
into effect ; and that an opportunity Avould be
afforded for reconsidering the subject on principles
more just and more honorable to the United States."
The debate in opposition to the treaty was contin
ued with earnestness and ability by Mr. Gallatin,
Mr. SwauAvick, and Mr. Findley, of Pennsylvania ;
Mr. Giles and Mr. Preston, of Virginia ; and Mr.
HoUand, of North Carolina. The immediate and
unqualified execution of the treaty Avas urged, with
strenuous and unbounded zeal, by the leading rep
resentatives of NeAV England, — Mr. Sedgwick, Mr.
Ames, Mr. Goodhue, of Massachusetts ; Mr. Hill
house, Air. Tracy, Mr. GrisAvold, Mr. SAvift, of Con
necticut, — Avith here and there a more sober and
less excited adA'ocate in some of the other States.
The ambitious and master effort, on the side of the
treaty, Avas undoubtedly that of' Mr. Ames. His
speech on the occasion, though dealing much in
gUttering and barren generalities, and not unfre-

564 LIFE AND TIMES OF MADISON.
quently in strong assertions without proof, dis
played a picturesque and pathetic power, and a
wealth of illustration, combined with a polished
elegance of diction, Avhich h-ave preserved its celeb
rity to the present day as one of the most finished
pieces of oratory in the language.
The discussion continued, with alternations of
hope and fear as to the result on both sides, for a
fortnight. At length, on the 29th of AprU, the
question was taken in Conimittee of the Whole
on the resolution for the execution of the treaty,
when there Avere forty-nine votes in the affirraative,
and the sarae nuraber in the negative. The chair
man of the committee, Mr. Muhlenberg, being thus
called to decide, said he was not satisfied with the
resolution as it stood, but he Avould vote for it that
it raight go to the House, and be there amended.
On the following day, it Avas passed in the House
without amendment by a vote of fifty-one to forty-
eight, — two of the knoAvn and firm opponents of
the resolution being absent at the moment of taking
the vote,' and several of those who voted for the
resolution declaring their decided disapprobation
of the treaty, while voting, under the peculiar exi
gencies of the situation, for its execution.
Thus Avas terminated, at last, a political struggle
which stirred up the depths of the American mind
more profoundly, perhaps, than any which has ever
1 Mr. Patton, of Delaware, de- sent at the moment. — See Madi-
tained by iUness ; and Mr. Varnum, son's Writings, vol. ii. p. 101.
of Massachusetts, accidentaUy ab-

MEASURES CONTEMPLATED BY FEDERAL LEADERS. 565
occurred in our history, and to which the aptest
parallel is to be found in the furious shock of con
tending parties in England, near a century before,
on the not dissimilar question, iu some of its aspects,
of the treaty of peace of Utrecht. The opponents
of the American treaty acquiesced, with an honor
able and loyal patriotism, in the decisiaoi of the
House, as expressed in the resolution for the execu
tion of the treaty. They had still strength enough,
as we learn from an unimpeachable source,' to have
passed a resolution condemning the terms of the
treaty, whose execution had been voted under a
species of political duress. But, unAvilling to keep
up the painful and dangerous exciteraent of the
public mind, they forbore to exercise the power
they possessed.
It could hardly be believed, but for the authentic
and enduring evidence of the fact, what different
and desperate counsels had been embraced by the
leaders of the opposite party, when they appre
hended the loss of their cherished object, — the
treaty which was to draw closer then- coimection
with Great Britain. Colonel Hamilton, having
heard from Mr. Ames, during the progress of the
discussion in the House of Eepresentatives, that a
majority of that body would probably be found
opposed to making appropriations for carrying the
ti-eaty into effect, imraediately wrote to his friend
and confidant, Mr. Eufus King, in the Senate, tell-
1 Letter of Rufus King to Colonel HamUton, 1st May, 1796, HamUton's
Works, vol. VI. p. 112.

566 LIFE AND TIMES OF MADISON.
ing him that " a most iraportant crisis Avould, in
that event, arise, requu-mg good men to play their
cards well, and with promptitude and decision."
His plan Avas nothing short of a revolutionary
coup d'etat. It Avas that the President, imraediately
upon the refusal of the House to pass the appropri
ations called for, should address to thera a solemn
protest, denying the constitutional validity of their
proceedings, and send a copy of this protest to the
Senate, Avho should, by forraal resolution, express
in the strongest ternis their approbation of the
President's course, and declare their determination
to support him, — advising him to proceed in the
execution of the treaty by his sole agency, and to
address a confidential communication to the British
Minister, announcing his purpose to do so ; that
" the Senate should hold fast, and consent to no
adjournment of the House of Eepresentatives until
they had first made the appropriations for the trea
ty ; " and that the merchants, and citizens generally
in favor of the treaty, should hold meetings, and
pass resolutions pledging theu- support and adhe
sion to the President and Senate m the high-handed
measures which the writer recommended.' What

1 See this most reckless and collection of the secret political
startling project of the chieftain correspondence of the day. Oliver
ofthe Federal party in his letter of Wolcott, Jr., secretary of the treas-
the 15th April, 1796, to Rufus King, ury, writing to his father in March,
Esq., Hamilton's AVorks, vol. vi. 1796, anticipates the refusal of the
pp. 103-105. How well prepared House of Representatives to pro-
many of the Federal party were to vide for the treaty, and says that,
embrace the desperate counsels of amid the "confusions" that would
its leader, is shown by a single result, " tlie government will be at an

ADJOURNMENT OF CONGRESS. 567
could such a daring attack on the privileges and
freedom of the House, and the constitutional inde
pendence of the legislative department, have led to,
but civil war'? Well, therefore, did the writer add,
" I do not write to the President on the subject."
That great and virtuous magistrate would have
withered, with the consuming glance of his indig
nation, the remotest suggestion of a plot fraught
with consequences so fatal to the liberties and peace
of his country.
The remaining proceedings of this session of
Congress lost their interest for the nation, in com
parison Avith the great question on which the public
attention was concentred with the intensest anxiety,
until it was finally disposed of. A few weeks Avere
then devoted to the current business of legislation;
and, on the 1st day of June, 1796, the two Houses
adjourned to the fhst Monday of December follow
ing, — the period fixed by the Constitution for the
ordinary annual meetings of Congress.
end." — Gibbs's Memoirs, vol. i. writes, "I trust the Senate, ifthe
p. 321. In the same coUection, House of Representatives refuse to
Chauncy Goodrich, raember of the provide for the treaty, will arrest
House of Representatives, writes the Federal City Loan Bill, Land
on 1st April, 1796, "My opinion is. Office, perluips appropri.ations for
tha,t no adjoumment will be suffered tiW the array; refuse to rise; in short,
the treaty shall be executed. But no airest the whole govemment, and let
mention is to be made of this at pres- the people decide. The exigency
enf." — Idem, p. 325. And again, of the case only can justify such
on the 23d April, eight days after perUous steps." — Idem, p. 331.
the Hamilton indoctrination, he

CHAPTEE LIIL
Effect produced in France by Resolution of Congress to earry Jay's
Treaty into Execution — Dissatisfaction and RetaUatory Measures of
the French Government — Exertions of Mr. Monroe to avert a Rup
ture — His Recall — Combination to effect it — Colonel Hamilton's
Controversy with him — President publicly announces his Purpose to
decline a Re-election — His Farewell Address — Unfounded Claims
put forward to its Authorship — Canvass for the Succession — Mr.
Adams the Federal Candidate — Secretly opposed by Colonel Ham
Uton and his Friends, who endeavor to elect to the Presidency Mr.
Thomas Pinckney, Federal Candidate for Vice-President — Mr. Adams
elected President ; and Mr. Jefferson, the Republican Candidate for
the Presidency, elected Vice-President — Controversial Correspond
ence between the French Minister and the Secretary of State — Its
Asperity, on the Part of Mr. Pickering, condemned by Colonel Hamil
ton — Second and Offensive Note of Monsieur Adet, reviewing the
Conduct of the American Government, and announcing Suspension
of his Functions — Letter of Mr. Madison on the Critical State of
Affairs — Meeting of Congress — Speech of the President — Laments
Disturbance of Relations wUli France, and hopes for Eestoration of
Harmony — Address of the House in Answer to the President's
Speech — Mr. Madison, as Member of Committee on the Address,
concurs in Cordial Tribute to the Merits of the President's Official
Career, and of his Exalted Character — Animated Debate on the
Address — Finally carried by Large Majority — Division of Virginia
Delegation — Conduct of Mr. Madison a Noble Proof of his Superi
ority to Party Influences, and of his Veneration and Attachment for
the President — Sketch of the Character of Washington drawn by
Madison — President lays before Congress Mr. Pickering's Answer to
Last Note of Monsieur Adet — Comments of Mr. Madison on its

EFFECT OF JAY'S TREATY IN FRANCE. 569
BelUgerent Tone — President maintains his Paciflc Attitude, wliUe
Cabinet embrace Warlike Counsels — Uncertain and Precarious State
of the Question at the Accession of Mr. Adams.
The ultimate resolution of Congress to give effect
to the British treaty, Avith all its obnoxious proAd-
sions (the tAvelfth article alone excepted, Avhich, as
we haA'e seen, was advised to be stricken out by
the Senate), soon brought affairs Avith France to a
crisis. The Directory, under the neAv French Con
stitutiou, was regularly installed in its functions on
the 31st of October, 1795. Monsieur de la Croix,
in notifying to Mr. Monroe, on the 7th of Novem
ber, his appointment as Minister of foreign affairs,
added, in A'ery cordial terms, " Be assured that, in
accepting this station, I have considered as one of
its most important functions that of keeping up the
friendship which subsists betAveen the French re
public and your govemment, and that I shall seize
with eagerness every opportunity to tighten its
bonds." The Directory, after taking three months for a
caira and deliberate review of the relations with the
United States, as aff'ected by Jay's treaty and the
President's ratification of it, authorized the Minister
of foreign affairs to announce to Mr. Monroe the
result of its deliberations on the subject, Avhich he
did on the 15th day of February, 1796, in these
terms : " The Directory had at length made up its
mind how to act in regard to your treaty Avith Eng
land; that it considered the alliance betAveen the
two countries as ceasing to exist from the moment

570 LIFE AND TIMES OF MADISON.
the treaty was ratified; and would appoint an
Envoy Extraordinary to attend and represent the
same to the government of the United States." '
It appeared to Mr. Monroe, that so solemn a
measure as the one intimated would be attended
with a serious hazard of still further corapromising
the peaceful relations of the tAvo countries ; and he
earnestly appealed to the Minister, in the interests
of both republics, to forbear precipitate action.
On the following day, he had another interview
with the Minister, and, in the sarae friendly and
conciliatory spirit, renewed his expostulations ;
which, there was reason to believe, produced the
desired impression, as he Avas assured by the Min
ister, a fcAV days afterwards, that " the Directory
was disposed to accommodate in this respect, and
make its representations through the ordinary chan
nel. He repeated, hoAvever, on this occasion, in
terras equally strong with those he had used before,
the sense the Directory entertained of the injury
done to France by the ti'eaty, and upon which ex
planations Avere expected, and would be sought." ^
Mr. Monroe, learning that the subject of a spe
cial mission was not yet finally disposed of by the
DU-ectory, felt it his duty to solicit an interview
with that body itself, Avhich took place in a full
council of its merabers, attended by the Ministers
of foreign affairs and of the marine. His repre-
1 Despatch of Mr. Monroe, of 2 Despatch of 10th of March,
16th February, 1796, Monroe's 1796, Monroe's View, App., p.
View, App., p. 311. 314.

CONCILIATORY COURSE OF MR. MONROE. 571
Fcntitions to the Directory were made with the
same manly and concUiatory frankness Avhich had
marked his communications with the Minister.
He proposed that the complaints of the French
government should be made known to him in a
precise form and in writing by the Minister of
foreign affairs, to which he would respond with all
candor and' respect ; and that, " hi the mean time,
the Directory should suspend any decision with
regard to the merits of its coraplaints or the pro
priety of a special mission. The Directory replied
that nothing was more reasonable than my deraand,
and that it should be complied Avith." Mr. Monroe
adds, that " several of the members of the Directory
reciprocated, with great earnestness, the professions
of friendship made in the name of the United
States for France." '

1 Despatch of 25th March, 1796, the scale. We give a brief extract
Monroe's View, App., pp. 316, 317. from the narrative of M. Thiers : —
There is every reason to believe, " L'avis d'une rupture avec les
that Mr. Monroe's influence with fitats Unis avait des partizans dans
the Directory at this time averted le gouvernement frangais. Mon-
an open rupture between France roe, qui etait ambassadeur a Paris,
and the United States. We learn donnait h cet e'gard les plus sages
frora an able and well-informed avis au Directoire. . . . Cet avis
French historian, that there was a sageetpre'voyantl'avaitemporteau
party in the Directory in favor of Directoire  Rewbell, Barras,
war with the United States, and La Reveiltere I'avait fait triompher
that this party was headed by Car- contre l'avis du syste'matique Car
not, then president of the body, not, qui, quoique dispose ordinaire-
sustained, doubtless, by his col- ment pour la paix, voulait qu'on
league, Letoumeur, who always se fit donner La Louisiane, et
followed his lead. With the three qu'on y essayat une Republique.''
other raembers. La Reveillere, Rew- — Hist, de la Re v. Frangaise, tome
beU, and Barras, the influence of ix. p. 45.
Mr, Monroe prevailed, and turned Mr. Monroe was fuUy aware of

572 LIFE AND TIMES OF MADISON.
In pm-suance of this understanding, the Minister
of foreign affaUs communicated to Mr. Monroe, on
the llth of March, his exposition of the complaints
of the French government ; and, on the 15th of the
month, Mr. Monroe addressed to him a long and
able paper in reply. About two months after the
interview Avith the DUectory, a meraber of that
body inforraed Mr. Monroe, that " nothing had yet
been done by thera in regard to the LTnited States
on the subject of the treaty, and he presuraed noth
ing more would be done for the present." ' Thus
the matter stood until the 25th of June, 1796,
when M. de la Croix addressed a note to Mr.
Monroe, inforraing him of the receipt of intel
ligence that the House of Eepresentatives of the
United States had passed a resolution for the exe
cution of the treaty, " after Avhich," he added, " we
ought, Avithout doubt, to consider it in full force ; "
and asking of Mi-. Monroe Avhether " he had any
official information on the subject, and in what
light this measure was to be vieAved."
the formidable foothold which the perseverance and tact, Mr. Monroe
partisans of war with tlie United gained a majority of, the Directory
States had in the councils of the to his side. La Reveillcre-Lepaux,
French government, and his efforts a man of great virtue and purity
were unceasingly directed to coun- of character, as well as of distin-
teract them In a private letter guished ability, was the leader of
to Mr. Madison, of 27th February, this section of the Executive Direc-
1796, he writes, " The Minister de- tory. Mr. Monroe was accustomed
Clares that he prefers to have us as to speak of him with great rever-
open enemies rather than perfidious ence and respect. See the inter-
friends. Other proofs occur to show esting and striking character drawn
that this sentiment has gone deep of him by M. Thiers, in his Hist, de
into their councils." — See Writings la Rev. Frangaise, vol. ix. pp. 6-10.
of Madison, vol. ii. p. 105. By l Monroe's View, App., p. 345. •

CONCILIATORY COURSE OF MR. MONROE. 573
Mr. Monroe replied, on the first point, that he
had no information but what the newspapers sup
plied ; and on the second he said, " I have already
ansAvered in a very detailed, and as T hoped satis
factory, manner your several objections to the
treaty, to which I have since received no reply. It
is impossible for me to enter again, and under such
cUcumstances, into the subject. If there are any
points in the ansAver given upon which you think I
have not been sufficiently explicit, and you will be
pleased to state these to me, I Avill immediately
notice them raore particularly, and I hope to your
satisfaction ; since, be assured, there is no political
object I have raore at heart than to preserve, by
the utmost candor and frankness in all ray cora
munications, the best harmony between our two
republics." On tbe 7th of July, Mr. Monroe received a com
munication from Monsieur de la Croix, saying,
" You call my attention to the arguments Avhich
your letter of 15th of March last contains, relative
to our complaints against the treaty concluded be
tween the United States and Great Britain. Time,
Citizen Minister, has sufficiently ripened the points
that Avere then in discussion ; and, far from being
enfeebled, our complaints against that treaty have
since acquired, in our estiraation, new force. I
will content myself, then, without entering into
further details, to announce to you that the opinion
of the Directory has never varied upon that point.
It has seen in this act, concluded in the midst of

574 LIFE AND TIMES OF MADISON.
hostUities, a breach of the friendship which bound
together the United States and this repubUc ; and,
in the stipulations which respect the neuti-ality of
the flag, an abandonment of the tacit agreement
AA-hich subsisted between the two nations on this
point since theU- treaty of commerce of 1778. . . .
After this. Citizen Minister, the Executive Direc
tory considers itself founded in regarding the stipu
lations ofthe treat)' of 1778 as altered and suspended,
in their most essential parts, by this act ; and that it
would fiiU in its duty if it did not modify a state of
things which Avould never have been consented to
but upon condition of the stiictest reciprocitj-." '
Five days previous to this communication, — to
Avit, on the 2d of July, — the DUectory had adopted
an arret, which was doubtless the " modification"
of the state of things as existing under the treaties
of 1778, which it felt it its duty to make. The
arret seems to have been the immediate rebound
from the final action of the Congress of the United
States on the British treaty, and Avas in these
words : —
" AU neutral or allied powers shall Avithout de
lay be notified, that the fiag of the French repubUc
wiU treat neutral vessels, either as to confiscations,
searches, or captures, as they shall suffer the Brit
ish flag to treat them."
!Mr. Monroe continued to give a vigUant attention
to every circumstance which seemed to threaten the
peaceftU relations of the two republics. The French
1 See Monroe's View, App., pp. 355, 356.

INTRIGUE AGAINST MR. MONROE. 575
government, probably in ignorance of the facts of
the case, or without due consideration of their
gravity, had announced the appointment of Mon
sieur Mangourit as charge d'affaires to the United
States, to succeed to the diplomatic functions of M.
Adet. This gentleman had formerly resided as con
sul of France at Charleston, and his proceedings in
that character had given just offence to the Ameri
can governraent. To re-accredit him now, in a new
and diplomatic capacity, to the United States, could
not be vieAved then but in an unfriendly light.
As soon as Mr. Monroe was apprised of it, he not
only called on the Minister of foreign affairs and
remonstrated with him against the appointment, but
carried his complaints before a raember of the
Executive Directory. The result of his interposi
tion Avas soon manifested, and made known to the
secretary of State. " I have now the pleasure," he
wrote, " to inform you, upon the authority of the
member of the Directory to whom I spoke, that
the arret appointing Monsieur Mangourit is re
scinded." '
WhUe Mr. Monroe was thus faithfully and effi
ciently Avatching over the interests and honor of the
United States in France, and endeavoring as far as
possible, under most difiacult and embarrassing
circumstances, to preserve the peace of the two
countries, a disreputable intrigue was going on, by
high official personages and others in the United
1 See despatches of 4th and 15th Angust, 1796, Monroe's View, App.,
pp. 360 aad 362.

576 LIFE AND TIMES OF MADISON.
States, to undermine him at home. In a despatch
of the 13th of June, 1796, the secretary com
plained that he had not, Avith sufficient promptitude
and energy, made use of the arguments fm-nished
by the department to reconcUe the French govern
ment to the British treaty, and instructed him, if
he had not aUeady done so, no longer to delay it.
Mr. Monroe, who, from his presence on the spot,
and thorough knowledge of the temper of the
French government, was undoubtedly the best judge
of the mode of ti-eating so delicate a subject, an
swered, with dignity and great weight of reason,
the complaints of the secretary.' In the despatch
here referred to, no uidication was given of any
purpose of recaUing the Minister. But, on the
foUoAving day, Mr. Wolcott, secretai-y of the ti-eas
ury, wrote to Colonel HamUton, without whose
adAdce he could do nothing, and upon whose ap
probation or instigation he was ready to do any
thing, asking his opinion as to the expediency of
recalling Mr. Monroe. Colonel HamUton, who
had an unadjusted personal conti-oversy at the
time with Mr. Mom-oe, in his reply to Mr. Wolcott
strongly recommended the recaU ; and a few days
afterwards wrote to the President, formally advis
ing it.^

1 See his letter of 10th Septem- the President, HamUton's Works,
ber, 1796, Am. State Papers, For. vol. vi. pp. 134, 135.
Rei., vol. I. pp. 742, 743. The controversy between Col-
2 For the correspondence with onel HamUton and Mr. Monroe,
Wolcott, see Gibbs's Memoirs, vol. aUuded to in the text, was cause-
I. pp. 359-361 ; and, forthe letter to lessly renewed by the former, im-

RECALL OF MR. MONROE. 577
The President was then at Mount Vernon ; and
the cabinet took all the preliminary steps to pre
pare the train for the destruction of the selected
victim. They united in a written representation to
him, urging the immediate recall of the Minister ;
which they supported not only by the imputed guUt
of his omission to accomplish an impossibUity, —
to wit, to reconcile the French government to the
British treaty, — but by the unpardonable sin of a
friendly correspondence with sorae of the opponents
of the adrainistration, in proof of which they exhib
ited a private letter, secretly obtained of the Min
ister, addressed to a Eepublican friend in America.'
The President, thus earnestly and unremittingly
pressed by his cabinet during the few days of
coveted repose from official vexations he was
mediately after the retum of Mr. reprobation awakened by the pub-
Monroe to the United States. For lication moved hira to a warrath
the nature of that controversy, we and severity of expression rarely
must refer to an extraordinary found in his most unreserved cor-
pamphlet, written and published respondence. " Next to the error
by Colonel Harailton in the sum- of pubUshing at aU," he says, " is
mer of 1797. Happy would it be that of forgetting that simplicity
for the good name of Colonel Ham- and candor are the only dress which
ilton, if that infatuated pubUcation prudence would put on innocence.
could be consigned to total oblivion. Here we see every rhetorical arti-
But, strange to say, his biographer fice employed to excite the spirit
vauntingly parades it as doing great of party to prop his sinking repu-
honor to the elevated character of tation ; and, whilst the most ex-
his subject. — See Hist. Am. Rep., aggerated complaints are uttered
&c., vol. VII. p. 81. In how dif- against the unfair and virulent per-
ferent a light it appeared to other secutions of himself, he deals out,
minds, ordinarily the least disposed in every page, the most maUg-
to censoriousness, is shown by a nant insinuations against others." —
letter of Mr. Madison to Mr. Jef- Madison's Writings, vol. ii.p. 119.
ferson at the time, in which the l See Sparks's Washington, vol.
sentiments of disgust and moral xi. pp. 483-487.
VOL. III. 37

578 LIFE AND TIMES OF MADISON.
hoping for at Mount Vernon, at last yielded his
assent to the recall ; which Avas officially notified
to Mr. Monroe on the 22d of August, 1796, with
the appointment of General Charles Cotesworth
Pinckney, of South Carolina, as his successor.
Here, for the present, Ave leave the painful story
of our embroiled relations Avith our ancient ally and
friend, soon to be resumed Avith the addition of
other and yet raore painful complications and em
barrassments. In the mean time, the President,
wearied with the toils of office, and disgusted, as
he must have been, by the incessant machinations
and intrigues of politicians, carried into execution
his long-cherished purpose of decUning a re-election.
On the 17th of September, 1796, he published his
farewell address, announcing to his countrymen
his determination to seek the shelter of private life
for his remaining years, and bequeathing to them
the counsels of an enlightened and paternal zeal
for theu- welfare, and his ardent vows for the per
petuity of those free republican institutions, and
that constitutional Federal union, which he had so
largely contributed to found for the liberty and
happiness of his native country.'
1 Whatever difference of opin- extended seale, there were persons
ion may have formerly existed as who had been led to believe, that,
to the authorship, in any just and in so large a perforraance, he was
proper sense, of this sacred State mainly indebted to some friendly
paper, must now cease before the and practised hand, especially that
accumulated proofs which time has of Colonel Hamilton. Even Mr.
brought forth. General Washing- Madison, at one time, intimated
ton never having made any preten- that opinion. — See his letter of
Bions to Uterary authorship on an 27th June, 1823, in Madison's Writ-

WASHINGTON'S FAREWELL ADDRESS.

579

As soon as Washington's purpose of retirement
was formally announced, the canvass for the suc-

ings, vol. III. pp. 323, 324. But
this was in ignorance of the second
draught of a farewell address pre
pared by Washington in 1796, and
for the flrst time made known to
the public in 1837, when Mr. Sparks
completed his publication of Wash-
ington'spapers. That draught contained, though
not arranged in a systematic order,
all the elements of the Farewell
Address ; and frora it Colonel Hara
ilton elaborated a more technical
and regular draught, upon which
Washington set to work again, and
by selections, alterations, and rejec
tions, made with great care and
discrimination, finally prepared the
address for the press, as it now ap
pears before the world. The whole
process is raade manifest to the eye
by the autograph copy of the paper
(with Washington's numerous can
cellations, interlineations, and other
changes upon the face of it) from
which the address was printed, and
which the antiquarian zeal of a
most worthy citizen of New York,
Mr. Jaraes Lenox, succeeded in
obtaining, and has, with a laudable
spirit, made public, to gratify the
filial reverence and curiosity of the
country. There cannot be a more inter
esting study, both in a literary and
historical point of view, than this
paper affords. It shows that the ad
dress, as it went forth to the world,
was not only the "image and su
perscription," but the coinage, of
Washington's mind, from which
he carefully excluded every thing
which was not his own in thought.

and, by original use or discriminat
ing adoption, in expression also.
In one instance, it appears that
Colonel Harailton, whose pen had
been called to his assistance, intro
duced a well-known sentiment of
his own, detracting from the merits
of the Constitution in regard to
its energy and efficiency. The at
tempt was made, in two successive
draughts, slightly varied, to obtain
Washington's adoption and indorsa
tion of this sentiraent ; but the at
tempt was inexorably repelled by
hirn, who took care to substitute
a phraseology wbich left no doubt
of his opinion of the sufficiency of
the Constitution for every purpose
of good government. — See these
various readings, in parallel col
umns, in Binney's Inquiry, p. 146.
Throughout we see the imperial,
presiding mind of Washington, sit
ting in judgment on the draught
before hira, freely expunging, alter
ing, and modifying whatever did
not find a sanction iu his unerring
sagacity. This was a higher exer
tion of intellectual power, and con
stituted true authorship in a higher
sense, than the manipulations, how
ever skilful, of the literary or pro
fessional artist; and we shall be
greatly mistaken if it does not also
appear, that, even in point of liter
ary taste, Washington, in the alter
ations made by him, evinced a juster
apprehension of the graces of a
¦ well-turned and balanced style, and
of the appropriate significance of
individual words and phrases, than
.was shown by his distinguished as
sistant

580 LIFE AND TIMES OF MADISON.
cession, which had already begun under the general
anticipation of that event, was pushed forward with
greatly increased animation. Mr. Adams, by a
combination of various circumstances in his favor,
and especially by the prestige of his revolutionary
sei-Adces, became the adopted, and to a great de
gree inevitable, candidate of the Federal party,
though he was far frora being agreeable to many
members of that party. Colonel Hamilton and his
particular friends, if it had been found practicable,
would have much preferred another choice, — Mr.
Jay, if not himself. But, being driven by the force
of circumstances to accept Mr. Adams as the candi
date of the party, their next resort was to associate
with hira, norainally as candidate for the Vice-Pres
idency, a gentleman who, obtaining an equal num
ber of votes in those parts of the Union Avhere
the Federal party had an undisputed ascendancy,
might, frora local preferences in other quarters,
receive some votes which Mr. Adaras Avould not;
and thus become, as the Constitution then stood.
President, instead of Mr. Adams.
This device was originated by Colonel Hamilton,
to whom Mr. Adams was unacceptable by the in
flexibility of his temper, and his known disappro
bation of some of the financial schemes of the late
secretary ; and was attempted to be carried into
execution through his friends and partisans in the
leading Federal States. Mr. Thomas Pinckney, of
South Carolina, the late Minister to London, was
the selected candidate to be associated on the Fed-

SECRET OPPOSITION TO MR. ADAMS. 581
eral presidential ticket with Mr. Adams.' Mr.
Jefferson was the cordial and unanimous choice of
the Eepublican party for the office of President,
though yielding Avith the utmost reluctance to the
wishes of his friends, which again brought hira
forth frora his cherished retirement into the arena
of political strife. The same unanimity did not
prevail in the choice of the Eepublican candidate
for the second executive office. The votes of the
party were much divided ; the largest nuraber falling
to the share of Mr. Aaron Burr, of New York.
The game of Colonel HamUton for foisting Mr.
Pinckney into the station allotted by the general
voice of his party to Mr. Adams, though played
with great caution and secrecy, came to be well
understood at the time, as it is now incontestably
proved by documents of contemporary date, which
have since been brought to light. Mr. Madison,
writing to Mr. Jefferson before the result of the
election was definitively known, says, " It is not im
probable that Pinckney aa'UI step in between the
tAVO who have been treated as principals in the
question; It is even suspected that this turn has
been secretly meditated frora the beginning, in a
quarter where the leading zeal for Adams has been
affected. This jockeyship is accounted for by the
enmity of Adams to banks and funding systeras,
1 It is a curious spectacle to Presidency, though doubtless with-
flnd the name of Patrick Henry, out his concurrence. — See Hara-
of Virginia, prominent among the ilton's AVorks, vol. vi. p. 114;
fevered candidates of the Federal and Gibbs's Memoirs, vol. i. p.
party, at this time, for the Vice- 337.

582 LIFE AND TIMES OF MADISON.
which is now become public, and by an apprehen
sion that he is too headstrong to be a fit puppet for
intriguers behind the screen." '
The scheme of Colonel HamUton, as often hap
pens to an artificial and over-refined policy, " o'er-
leaped itself, and fell on the other side." It
disgusted the great body of Mr. Adams's New-
England friends, and led them to divert from Mr.
Pinckney as many as eighteen Federal electoral
votes, which were throAvn aAvay on local favorites,
and thus secured the election of Mr. Jefferson
to the second office of the government, — an event
which Avas earnestly deprecated by the Federal pai-ty,
and by Colonel Hamilton especially. Mr. Adams
received seventy-one electoral votes, a majority of
two only of the Avhole number, making him Presi
dent ; Mr. Jefferson the next highest number, sixty-
eight, making him Vice-President; and Mr. Pinckney
fifty-nine, leaving him a private citizen and defeated
candidate. Among the seventy-one votes received
by Mr. Adams, one was from Virginia, one from
North Carolina, and one from Pennsylvania, —
States which gave the AA'hole of their electoral
suffrages, Avith these isolated exceptions, to Mi-,
Jefferson. If these estray votes had foUoAA^ed Avhat
1 Letter of 5tli December, 1796. 15th of January, 1797, these paa-
In a subsequent letter of 19th De- sages occur : " Mr. Adams is fully
cember, he says, " It is certain that apprised of the trick airaed at him
Mr. Adaras's censures of the paper by his pseudo friends of New York."
system, and the intrigues at New — "Harailton has lost ground in
York for setting Pinckney above New York of late, and his treach-
him, have fixed an enmity with the ery to Adams will open the eyes
British faction ; " and in a letter of of New England."

CORRESPONDENCE 'WITH MONSIEUR ADET. 583
seemed their natural destination (and Colonel Ham
Uton afterwards said " it was a sort of mUacle "
they did not),' Mr. Jefferson, and not Mr. Adams,
would have been President.
In the midst of the presidential election appeared
a controversial correspondence of great asperity,
between the French Minister, M. Adet, and the
American secretary of State, Mr. Pickering, Avhich
not only added fuel to the flarae of political excite
ment ah-eady engendered in the pending contest of
parties, but introduced new elements of discord and
trouble into the disturbed international relations of
the two countries. On the 27th October, 1796,
Monsieur Adet addressed a note to the secretary,
containing an official notification of the arret of the
Directory already referred to, for treating the flag
of neutral powers as they suffered theh flag to be
treated by England ; and, in doing so, he recapitu
lated the circumstances and considerations which,
in the judgment of the French government, ren
dered necessary and justified this measure of retal
iatory policy. In the course of his note, the French
Minister referred to previous remonstrances of his,
which had remained without ansAver ; and particu
larly to certain representations respecting the im
pressment of American seamen by Great Britain,
by which means " she strengthened her marine
forces, in the existing war, at the expense of the
Americans, without the government of the United
States having made known to the French govem-
1 HamUton's Works, vol. vii. p. 696.

584 LIFE AND TIMES OF MADISON,
ment or its representative any steps taken by it to
obtain satisfaction for a violation of neutrality so
hurtful to the interests of France."
Mr. Pickering, in his reply to the French Minis
ter, after controverting the sufficiency of the reasons
assigned for the arret of the 2d of July, justified
himself very curtly for not ansAvering the previous
remonstrances of the Minister, by AA^hat he consid
ered the unbecoraing language in which they were
conveyed ; and summarily denied his right to ask
any explanations on the subject of American sea
men impressed by Great Britain, " as a matter
which concerned only the government of the United
States; and that, as an independent poAver, they
were not bound to render an account to any other
of the measures they deemed proper for the protec
tion of their own citizens, so long as there Avas not
the slightest ground to suspect that the governnient
ever acquiesced in any aggression." Both parties
to this correspondence imraediately stepped into the
newspapers to submit the merits of their contro
versy to the cognizance of an excited public opin
ion. Monsieur Adet sent his communication to the
press the day it Avas Avritten ; and Mr. Pickering's
reply was read by him in the newspapers, he says,
the morning after its delivery to him in manu
script. As a sober and judicious estimate of Mr. Picker
ing's part in this diplomatic controversy, from a
friendly as well as competent source, we give here
a brief extract from a letter of Colonel Hamilton to

OFFENSI"VE NOTE OP MONSIEUR ADET. 585
Mr. Wolcott, written soon after the appearance of
the correspondence in the newspapers. " Though
the thing is now passed," he says, " I do not think
it useless to say to you that I was not well pleased
with the secretary of State's answer to Adet's note
communicating the order respecting neutral vessels.
There was something of hardness and epigram
matic sharpness in it. Neither did I think the
position true, that France had no right to inquire
respecting the affair of seamen. I am of , opinion,
that, whenever a neutral nation suffers liberties to
be taken with it by a belligerent one which turn
to the detriment of the other belligerent, as the
acquiring strength by impressing our seamen, there
is a good ground of inquiry demanding candid ex
planation. My opinion, is that our communications
should be calm, reasoning, earnest, shoAving steady
resolution more than feeling, having force in the
idea rather than in the expression." '
But the scene of mischievous diplomatic Avran-
gling, thus opened, unfortunately did not end here.
On the 15th of November, 1796, Monsieur Adet
addressed another and very elaborate note to the
secretary of State, which was at once delivered to
the press, revicAving, in great detail, the relations
of France and the United States from the origin of
the war in Europe, and commenting Avith great
freedom. and severitj on the conduct of the Amer
ican government. It Avas in the Avorst style of
the diplomatic ravings of his predecessor. Genet.
1 Letter dated 22d November, 1796, HamUton's Works, vol. vi. p. 180.

586 LIFE AKD TIMES OF MADISON.
Doubtless, the government of France felt itself
deeply aggrieved by the public authorities of the
United States in the several instances recalled by
its Minister, and especially in the late treaty with
Great Britain. But official decorum, self-respect,
and the interests of peace demanded that its com
plaints should be made known in the measured
language appropriated to the intercourse of na
tions, and springing frora a calm consciousness of
collective power, and not in the billingsgate of an
angry and impotent personal quarrel. Monsieur
Adet concluded Avith notifying, by the orders of his
government, the suspension of his diplomatic func
tions in the United States ; " Avhich Avas not, how
ever," he added, " to be regarded as a rupture
betAveen the two countries, as the Executive Di
rectory Avish not to break with a people whom they
stUl love to salute by the appellation of friend."
Such was the unhappy state of the relations be
tween France and the United States, aggravated,
almost beyond the hope of remedy, by the mutual
indiscretions, and want of good temper and good
sense, of the respective organs of their intercourse
on this side of the Atlantic, when Congress re
assembled on the 5th day of December, 1796. Mr.
Madison, in a confidential letter to Mr. Jefferson on
the same day, thus expressed his apprehensions and
anxieties on the subject : —
" Adet's note, which you wUl have seen, is work
ing all the evil with which it is pregnant. Those
who rejoice at its indiscretions, and are taking ad-

SPEECH OF THE PRESIDENT. 587
vantage of thera, have the impudence to pretend
that it is an electioneering manoeuvre, and that the
French govemment has been led to it by the op
ponents of the British treaty. Unless the unhappy
effect of it here, and cause of it in France, be
speedUy obviated by wise councils and healing
measures, the crisis avUI unquestionably be per
verted into a perpetual alienation of the two coun
tries by the secret enemies of both. The immediate
consequences of such an event may be distressing ;
but the permanent ones to the commercial and
other great interests of this country form a long
and melancholy catalogue. We know nothing of
the policy meditated by the executive on this occa
sion. The speech will probably fui-nish some ex
planations of it."
The President met the two Houses of Congress
on the 7th day of December, and in his speech
delivered on the occasion, after presenting for then-
consideration various subjects of domestic and for
eign concern, thus expressed himself with regard
to the recent unhappy distm-bance of the relations
with France : —
" It has been my constant, sincere, and ardent
wish, in conformity Avith that of our nation, to raain
tain cordial harraony and a perfectiy friendly under
standing Avith that republic. This wish reraains
unabated ; and I shaU persevere in the endeavor to
fulfil it to the utmost extent of Avhat shall be con
sistent Avith a just and indispensable regard to the
rights and honor of om- country ; nor wUl I cease

588 LIFB AND TIMES OP MADISON.
to cherish the expectation, that a spirit of justice,
candor, and friendship, on the part of the republic,
wiU eventually insure success. In pursuing this
course, hoAvever, I cannot forget what is due to the
character of our government and nation, or to a full
and entire confidence in the good sense, patriotism,
self-respect, and fortitude of my countrymen. I
reserve for a special message a more particular
communication on this interesting subject."
He concluded his speech with the folloAving im
pressive allusion to the circumstances in which he
then stood, for the last time, before the representa
tives of the nation : —
" The situation in which I now stand, for the
last time, before the representatives of the people
of the United States, naturally recalls the period
when the administration of the present form of
government coraraenced; and I cannot omit the
occasion to congratulate you and my country on the
success of the experiment, nor to repeat my fervent
supplications to the Supreme Euler of the umverse,
and Sovereign Arbiter of nations, that his provi
dential care may still be extended to the United
States ; that the virtue and happiness of the people
may be preserved ; and that the government, which
they have instituted for the protection of their
liberties, may be perpetual."
The speech was referred, as usual, to a committee
to report an address. The lines of party division
were uoav so sharply drawn, especially since the
late discussions on the British treaty, that Mr.

ADDRESS IN ANS-WER TO THE PRESIDENT. 589
Madison Avas no longer placed at the head of the
coraraittee, as he had heretofore invariably been, to
prepare the address. Mr. Ames was made chair
man of the committee ; but Mr. Madison and Mr,
Baldwin, of the Eepublican party, were placed upon
it as members, together Avith Mr. Sitgreaves of
Pennsylvania, and Mr. Smith of South Carolina,
of the Federal party. This gave to the Federalists
a majority of the comraittee ; but in the well-known
personal attachment of Mr. Madison, and his high
veneration for the character, private and public, of
the President, and in the moderate and conciliatory
sentiments of Mr. Baldwin, an assurance was felt
that, with a just spirit of compromise on- all sides,
an address could be framed which would have a
reasonable prospect of passing through the House
" without altercation or division," ' — so much to be
deprecated on such an interesting and solemn occa
sion. The address reported received the unanimous
assent of the committee.
In response to that part of the President's speech
which referred to the disturbed state of our rela
tions with France, the address was a literal and exact
echo of the language and sentiments of the speech.
Expressing then, in answer to the President's
congratulations on the success of the great Ameri
can experiment, a profound sense of the inestimable
benefits derived, under Providence, from the estab
lishment of the "free Constitution" of the United
States, the address proceeded, —
1 Letter of Mr. Madison to Mr. Jefferson, 10th December, 1796.

590 LIFE AND TIMES OF MADISON.
" WhUe we entertain a grateful conviction, that
your wise, fii-m, and patriotic administration has
been signally conducive to the success of the pres
ent form of government, Ave cannot forbear to ex
press the deep sensations of regret with which Ave
conteraplate your intended retireraent from office.
, . . Yet we cannot be unmindful that your mode
ration and magnanimity, tAvice displayed by retiring
from your exalted stations, afford examples no less
rare and instructive to mankind, than valuable to a
republic." It concluded Avith fervent expressions of admira
tion and affection for the person and character of
the illustrious citizen now about to close for ever
his connection with the scenes of political life.
" The spectacle of a whole nation, the freest and
most enlightened in the world, offering, by its repre
sentatives, the tribute of unfeigned approbation to
its first citizen, however novel and interesting it
may be, deriA'es all its lustre — a lustre which acci
dent or enthusiasm could never bestow, and which
adulation would tarnish — from the transcendent
merit of which it is the voluntary testimony. May
you long enjoy that liberty Avhich is so dear to you,
and to Avhich your name avUI ever be dear ! May
your own virtues and a nation's prayers obtain the
happiest sunshine for the decline of your days, and
the choicest of future blessings. For your country's
sake— for the sake of republican liberty — it is our
earnest wish, that your example may be the guide
of your successors ; and thus, after being the oma-

AMENDMENT TO THE ADDRESS. 591
ment and safeguard of the present age, become the
patrimony of om- descendants."
The address, unfortunately, did not meet with the
same unanimity in the House which it had received
in the committee. Two additions, however, were
readUy made to it by general consent, which served
to render the meaning of the address more expUcit.
In that part of it Avhich referred to the relations
with the French republic, the hope Avas expressed
that the President would persevere " in his endea
vors to fulfil the wish" avowed by hira to raaintain
a perfectly friendly understanding with that nation ;
and that " a spirit of moderation and justice on the
part of the republic" Avould insure the success of
those endeavors. It was now proposed to add,
after the Avord " Avish" in this sentence, the foUoAving
clause : " and by all honorable means to preserve
peace, and restore that harmony and affection which
have heretofore so happily subsisted, between, the
French repitblic and the United States." It Avas
also proposed to qualify the terms, " a spirit of jus
tice and moderation, on the part of the republic,"
by prefixing the epithet " mutual " to the spirit of
justice and moderation, and striking out " on the
part of the republic" at the close ; so as to imply
the equal obligation of these motives and principles
of action on each side, — that of the United States
as well as France. Both of these suggestions were
promptly and unanimously accepted.
Mr. GUes then moved to strike out aU the pas
sages above cited of the address, — relatuig to the

592 LIFE AND TIMES OF MADISON.
general wisdom and firmness of the administration ;
expressing regret at the retu-ement of the President ;
a hope that his example may be the guide of his
successors ; aud the allusion incidentally made to
the people of the United States as the freest and
most enlightened -in the world, — declaring the in
tention, if his proposition prevailed, to move the
re-commitment of the address, that it might be
reformed in all these particulars. This and similar
motions . from other quarters gave rise to a very
warm and animated debate, Avhich continued for
two days, Mr. Ames and Mr. Giles being the lead
ing champions on the opposite sides ; in Avhich many
topics of great delicacy were introduced, both with
regard to the official merits of the President, and
the comparative causes of complaint against the
two great belligerents of Europe, — England and
France. The motion of Mr. GUes, and all others
of .a like character, were rejected ; and the address
reported by the committee, Avith the two modifica
tions above mentioned, was finally adopted by a
vote of sixty-seven to twelve.'
The address of the House was received by the
President with the profoundest sensibUity, expressed
in the glowing and eloquent language of the heart.
I The division on the separate On that question, the aggregate
question of striking out the clause vote was twenty-four for striking
of the address expressing » wish out, and fifty-four against ; and,
that Washington's example might of the Virginia delegation, eight
be the guide of his successors, was voted for striking out, and four
a more correct index of the poUtical only — Madison, Nicholas, Page,
feelings of the House than the vote and Claiborne — against.
on the final adoption of the address.

MADISON'S ATTACHMENT TO WASHINGTON. 593
" No reward for pubUc services," he said, " can be
so grateful as the pubUc approbation ; and, when
this approbation is expressed by the representatives
of a free and enUghtened nation, the reward admits
of no addition. Eeceive, gentlemen, my sincere
and affectionate thanks for this- signal testimony
that my services have been acceptable and useful to
my country." In answer to that part of the address
which respected the relations with France, he gave
this emphatic assurance to the House, using the
very language of the modification which had been
agreed upon in its passage: "I beg you, gentle
men, to rest assured, that my endeavors wUl be
earnest and unceasing, by all honorable means, to
preserve peace, and to restore that harmony and
affection which have heretofore so happily subsisted,
between our two nations ; and with you I cherish
the pleasing hope, that a mutual spirit of justice
and moderation wUl crown those endeavors veith
success." The concurrence and agency of Mr. Madison, as
a member of the comraittee on the address, in the
noble tribute paid to the public and official merits
of Washington, is, under the cU-cumstances of the
case, a most striking proof of the depth of his
veneration and attachraent for that great man, and
of his lofty superiority to the shackles of party.
He well knew that it would array him against the
sentiments of a large majority of his colleagues
from Vh-ginia. Like them, he had opposed some
important measures of Washington's administra-

594 LIFE AND TIMES OF MADISON.
tion ; ' but this did not prevent him from bearing a
manly testimony to the general raerits of his presi
dency. No one knoAV better than himself Washing
ton's grandeur of soul, his disciplined calmness and
equanimity, his superior wisdom and virtue, and
the elevation and purity of the principles Avliich
governed OA'ery act of his life. If he sometimes
fell into error, as he doubtless did, — for such is the
inseparable lot of huraanity, — the fault was imput
able not so much to him, as to the councillors Avhom
a peculiarly hard and cruel fortune had imposed
upon him.
As both Washington and Madison now with
drew — the latter temporarily — frora public life,
and Avill never appear again on the political scene
together, the occasion seeras a suitable one for pre
senting to the reader an unambitious sketch of the
character of Washington, drawn by Mr. Madison,
many years afterAvards, amid the tranquil scenes
of his own final retirement, and intended, it would
seem, to preserve for his faraily and friends his
personal recollections and impressions of the great
American patriot and chief : —
" The strength of his character lay in his integ
rity, his love of justice, his fortitude, the soundness
of his judgment, and his remarkable prudence ; to

1 The cordial and friendly in- from Mr. Madison to the President,
tercourse between the President a short time before his retirement
and Mr. Madison was never inter- from office, returning a book which
rupted by their occasional differ- the President had sent him for his
ences ofopinion on public measures. opinion on its merits. — Madison's
See, as an example of this, a note Writings, vol. ii. p. 106.

CHARACTER OF WASHINGTON. 595
which he joined an elevated sense of patriotic duty,
and a reliance on the enlightened and impartial
world as the tribunal by which a lasting sentence
on his career would be pronounced. Nor Avas he
without the advantage of a statm-e and figure Avhich,
however insignificant Avhen separated from great
ness of character, do not fail, when combined with
it, to aid the attraction. What particularly distin
guished him was a modest dignity, which at once
comraanded the highest respect and inspired the
purest attachment.
" Although not idolizing public opinion, no raan
could be more attentive to the means of ascertaining
it. In comparing the candidates for office, he Avas
particularly inquisitive as to their standing Avith the
public, and the opinion entertained of them by men
of public Aveight. On important questions to be
decided by him, he spared no pains to gain infor
mation from all quarters ; freely asking from all
whom he held in esteem, and who Avere intimate
with him, a free communication of theh sentiments ;
receiving with great attention the arguraents and
opmions offered to him ; and making up his oavu
judgment with all the leisure that was permitted.
If any erroneous changes took place in his views
of persons and public affairs near the close of his
life, as has been insinuated, they may probably be
accounted for by circumstances which threw him
into an exclusive communication with men of one
party, Avho took advantage of his retUed situation to
make impressions unfavorable to theh opponents."

596 LIFE AND TIMES OF MADISON.
On the 19th of January, 1797, the President laid
before Congress the further coramunication, prom
ised at the opening of the session, on the state
of affairs with France. It consisted of a long and
tedious answer, prepared by the secretary of States,
to the published letter of Monsieur Adet, in the
form of an official communication addressed to
General Pinckney, the new American Minister to
the French republic, accompanied by a voluminous
mass of diplomatic papers. It was marked by all
the repulsive idiosyncracies of Mr. Pickering's style,
temper, and character ; and was any thing rather
than conciliatory, or calculated to allay the irri
tations which existed.
Mr. Madison, writing to a friend at the time,
characterized it significantly as " corrosive ;" and in
another letter he described its hostile tone in terms
of yet greater energy. To Mr. Jefferson, on the
29th of January, 1797, he held this language: "As
you take the ' PhUadelphia Gazette,' in Avhich the
belligerent answer to Adet's note has been printed
in toto, I refer to that for the posture and prospects
of things Avith France. The British faction, since
this overt patronage of theh cause, no longer Avear
the mask. A war with France and an alliance
with Great Britain enter both into print and con
versation ; and no doubt can be entertained, that a
push will be made to screw up the President to that
point before he quits office."
The President stood fhm and unshaken in the
pacific attitude, to which he had frankly pledged

ACCESSION OF MR. ADAMS. 597
himself by his answer to the address of the House
of Eepresentatives, A majority of the representa
tives of the people still cherished the interests of
peace. The cabinet, headed by Messrs. Pickering
and Wolcott, was for making up a hostile issue at
once with France ; and the Senate was animated by
a strong anti-Gallican spirit. The sentiments of the
President elect were as yet unknown. And in this
state of uncertainty, anxiety, and distracted councUs,
the question passed, on the 4th of March, 1797,
into the hands of the new administration.

INDEX.

INDEX.

Abbenrille, M. D', ii. 82.
Abolition of the African slave trade and
of slaveiy, petitions for the, iii. 129.
Adams, John, President of the United
States, I. 127, n., 167, 271, 363, 370
ir. 4, «., 71, 249, 252, «., 292, 294
296, 297, 504, 505. Works of, cited;
I. 61, n., 66, «., 128, n., 134, n..
218, n.; 11.251, n., 263, n., 606, n.,
610, n.; Hi, 11, n., 175, n., 181, n.,
182, n. His description of the open
ing of the tirst Continental Con
gress with prayer, i. 51, n. His
"Thoughts on Government," 134,
148. Extract from a letter of Patrick
Henry to, 147, 148. Appointed min
ister tor negotiating a treaty of peace,
317. Joins his colleagues in I'aris,
346. His commission revoked, 348.
His distrust of the integrity of the
French Government, in the negotia
tions, 360, 362. Appointed minister
to Great Britain, ii. 26, 27, 28. His
"Defence of the Constitutions ofthe
United States of America," 503.
Madison's notice of the work, 604.
Theories of Mr. Adams, 809. Let
ter from Jefl'erson to, cited, 654.
Elected Vice-President of the United
State", III. 2. His " Discourses on
Davila," 176. His second election
as 'Vice-President, 308. Preference
of Col. Hamilton for, 309. His de
scription of Timothy Pickering, 489.
The candidate of the Federal party
for the Presidency, 680. Elected,
682.
Adams, John Quincy, Ii. 294. Letter
from Charles Pinokney to, commu
nicating a plan of Federal Govern
ment, 353, n.
Adams, Samuel, I. 148, 244, 316, 614;
II. 166, n,, ISO, n , 606. Letter of,
cited, II. 261, n. Believed to be op
posed to the Federal Constitutiou,
621.

Addison, Joseph, Madison's opinion of
the writings of, i. 25, n.
Address to Uie States drafted by Mr.
Madison, i. 425. Adopted by Con
gress, 429. Opposed by Col. Ham
ilton, it).
Adet, M., Minister from France. His
correspondence cited, iii. 609, ra.
Presents the national colors of
France to the United States, 545.
His correspondence with Mr. Pick
ering, 583.
African slave trade, discussion on the
prohibition of the, in the Federal
Convention, ii. 446. Petitions for
the abolition of the, iil. 129.
Aguesseau, Chancellor D', ii. 279.
Albany plan of union, of 1764, i. 210.
Alexander, William, Lord Stirling, II.
19.
Alexander, Hon. AV. C. His " Oration
on the influence of Princeton Col
lege," &c., cited, 1. 121, n.
Alexandria, Va., celebration of the rati
fication of the Constitution at, ii.
622.
Algiers, piratical depredations of, iii.
429. I'ruee concluded by Great
Britain with, ib. Disavowed hy
Portugal, ib. Consequences of the
truce, 430. Measures for the de
fence of Araerican commerce against,
432.
Alison's "History of Europe," cited,
III. 188, )!., 321, n.
Alliance with France, 1778, character
of the, I. 374.
Ambler, M., i. 621.
Amendments to the Constitution of
fered by Mr. Madison, iii. 38.
"American Archives," cited, i. 63, n.,
65, n., 67, ra., 74, n., 90, n., 91, n.,
98, ra., 118, ra., 127, ra., 134, n., 268, n.
" American State IPapers," cited, ill.
238, ra., 277, n., 289, 290, 297, n., 304,
n., 500, ra., 609, ra., 616, ra.
" American Whig Society " in Prince
ton College, I. 24.

602

INDEX.

Ames, Fisher, m. 18, 20, 33, 51, 56, 99,
108, n., 131, n., 134, 164, n., 227,241,
244, 272, 286, 890, 391, 896, 401, «.,
441, 443, 663, 592. Enforces the duty
of strengthening the Union, n. 179.
In the Massachusetts Convention for
ratifying the Federal Constitution,
625. On the revenue question, ni.
19. Replv of Madison to, 20. His
letter to Mr. Dwight, 111. To Mr.
Minot, i6. His remarks on the bank
bill, 164. His letters to George R.
Minot, cited, 198, 209, n. Life and
works of, cited, ill. 63, ra., 209, ra.,
307, 309. Opposes the apportion
ment bill, 209. Letter to Mr. Uwight,
217. On the exclusion of Jefl'erson
from the succession, 224. On Mad
ison's resolutions on commercial re
lations, 396. Ou the special mission
to England, 422, ra. Letters to Mr.
Gore, cited, 422, n., 650, ra. Uhair-
man of the Committee to prepare an
address to the President, 589.
Amusements in Hanover County, Va.,
1737, I. 87, n.
Andrews,  , ii. 550.
" Annals of Congress," cited, in. 166,
n., 157, ra., 1S4, ra., 198, n., 211, n.,
216, n., 220, ra., 226, ra., 230, ra., 237, n.,
242, ra., 243, n., 244, n., 274, n., 278, ra.,
287, n., 291, n., 296, n., 298, ra., 318, n.,
374, n., 386, n., 391, n., 401, n., 402, n.,
434, n., 437, ra., 443, ra., 478, 486, ra.,
499, ,n.
Annapolis proposed as the Federal
Capital, I. 491. Mission of Wash
ington to, 618. Commercial Con
vention at, )I., 98, 99, 117, 125.
Meeting of the Convention, 126.
"Annual Kegister," cited, i. 39, n.;
III. 417,473, 474.
Apportionment, system of, proposed
and adopted in Congress, i. 423,
424, ra. Uf representatives by the
Federal Convention, 11.389. Appor
tionment bill passed by the House,
III. 206. Disagreement of the Sen
ate, 207. Ncw bill reported, 211.
Passage of tlie, 213.
Aristotle, ii. 499. On rhetoric, cited,
on.
"Arnied Neutrality" in Europe, i.
244.
Army, the American, in winter quar
ters at Morristown, i. 2 16. Ke-organ-
ization of, by Congress, 231. iMemo-
rial of, to Congress, Dec. 1782, 883.
Seditious appeal to lhe, 391. General
meeting of the oflBcers, 392. Wash
ington's address to the oflicers, 393.
Kesolutions adopted by the nieeiing,
396. Madison's view of the justice
of the memorial, 416. Measures for

disbanding the, 479. Furloughs
granted, 480. Washington's letter
to the President of Congress, 481.
Mutiny of soldiers in Philadelphia,
482. "Final discharge of the army,
509. Thanks of Congress voted to
the, ifi.
Arnold, Benedict, at Portsmouth, Va.,
I. 273, 280.
Assumption of State debts, ill. 91.
Passage of the bill for the, 116.
Opposition to, in Maryland, 149.
Eemonstrance against in Virginia,
150. A further assuraption recom
mended, 240. Protest against, 241.
Aubenton, M. D', II. 86.
Austin's " Life of Gerry," cited, ii.
177, n., 179, n.
Austria, mediation of, offered to the
belligerents and accepted by Con
gress, 1. 318, 319. Failure of the ne
gotiation, 324.

B.
Bacon, Francis, Lord Verulam, i. 83, n.;
11. 69, ra. Hen Jonson's description
of, as a public speaker, 612.
Baird's " Keligion in America," cited,
I. 63.3, n.
Baldwin, Abraham, a delegate to the
Federal Convention, ii. 307. Notice
of, ib. His action in the C(mven-
tion, 384, 447, 459, 462. In Con
gress, 111. 13, 26, 33, 227, 241, 441,
689.
Bancroft's " Histoiy of the United
States," cited, ii. 281, ra.
Bank, National, in. 157. Debate on
the bank bill, 161. Passage of the
bill by the House, 167. Signed by
the President, 169. Subscriptions to
the stock, 198. Reimbursement of
the loan of the, 279.
Bannister, John, i. 183.
Baptists, persecution of, in Virginia,
I. 41, 46, 63.
Barbour, -lames, ii. 549, n.
Harbour, Philip, ii. 549, m.
Barbour, Col. Thomas, i. 95, 691; ii.
549, n.
Barnwell, Eobert, ill. 203. ra.
Bavra=, Louis, O mite de, enters Chesa
peake Bay with his squadron, i. 292.
Barras, Paul Jean F. N., Comte de,
111 571, ra.
Ban'd, ('ol Isaac, defends the riglits
of the Colonies in Parliaraent, I. 116.
In the Cabinet, 328, 336.
Bassett, Kichard, a delegiite to the
Federal Convention, ii. 301. Notice
of, ib.

INDEX.

603

Battle of King's Mountain, i. 226.
Battle of Lexington, i. 89.
Battle of Long Island, i. 169.
Battle of Monmouth, i. 197.
Beckwith, Major, secret agent of the
British Governraent, III. 186, ra.
Bedford, Gunning, Jr., I. 461, 462.
A delegate to the Federal Conven
tion, II. 301. His action in the
Convention, 382, 384.
Belette, The, ii. 86, 87.
Bell, Thomas, i. 95.
Belsham's " History of Great Britain "
cited, I. 39, ra,, 61, n., 198, n., 828, n.,
336, n.
Benson, Egbert, Iii. 26, 33, 271, n.
Opposes Mr. Madison's proposition
on the public debt, 85.
Berkeley, Sir William, Governor of
Virginia, i. 78, n.
Bernard de Moleville, Memoires- de,
cited, III. 321, n.
Beverly' 's " History of Virginia " cited,
I. 49, ra.
Bickerton, Capt. John, i. 87, ra.
Biddle, Charles, Iii. 464, ra.
BiU of Rights of Virginia, alleged
violation of the, i. 594. liecom-
mended by the Virginia Convention
in connection with the Constitution,
II. 607. Favored by Jefl'erson, 639.
Opposed by Madison, ib.
Bioren and Duane's " Laws of the
United States " cited, ii. 13, ra.
Blackburn, Col, I. 618, 622.
" Blackstone's Commentaries," cited,
III. 652, n.
Blair, H., i. 16.
Blair, James, Commissary ofthe Bishop
of London ii. 245.
Blair, .lames, President of the Council
of Virginia, ll. 245.
Blair, John, ii. 650, 561, 601. On a
Committee to frame a Constitution
for Virginia, I. 133. Elected to the
Council of State, 183. A Commis
sioner to the Philadelphia Conven
tion, II. 136. Notice of, 245. At
the Convention, 273. His action in
the Convention, 331, 423, 469. Ap
pointed :in associate Judge of the
Supreme Court, in. 68.
Blair, Eev. Samuel, President of Prince
ton College, I. 12, 46.
Bland familv of Virginia, I. 60, 80.
Bland, Col. kichard, 1. 103, n., 135, 312.
363, 408, 425, n , 621. In the Con
vention of 1776, 122. On the Com
mittee to fraine a Constitution for
the State, 133, 185. His views on the
navigation of the Mississippi, 246.
On tlie removing power, Iii. 31, 83.
Bland, Col. Theodoric, ii. 132, 137, n.,
641, 660, 662.

Blount, William, a delegate to the
Federal Convention, ii. 303. Notice
of, 304. llis resolutions on the treaty-
making power, III. 556.
Blue Kidge, passage of the Potomac
through the, ii. 115.
Bolingbroke, Lord, his works cited, i.
22, ra., 430, n. ; in. 160, ra., 161, ra.
Boston, arrival of tea at, i. 39. De
struction of tea at, Dec. 16, 1773,
40. The Boston Port Bill, 41. Pro
ceedings in Virginia, excited by the,
66. The British Army driven Irom,
by "Washington, 169.
Boudinot, Elias, i. 448, 471, ra. ; in. 33,
108, ra., 164, 271, ra., 272, 286, 298, ra.,
391, 441.
Boundaries of the United States to be
fixed by the treaty of peace, i. 316,
346.
Bounties, recommendation of, by Ham
ilton, in. 233.
Bowdoin, James, Governor of Massa
chusetts, n., 172. Succeeded by
Hancock, 174. Supports the Fed
eral Constitution in the Massachu
setts Convention, 526.
Brackenridge, Hugh Henry, I 23.
Bradford, Attorney-General, death of,
ni. 634.
Bradford, William, Jr., of Pa., i- 23,
28. Letter from Madison to, 29. Ex-
vtracts from letters of Madison to, 35,
36, 37, 43, 52, 68, 62.
Braxton, Carter, i. 103, ra., 147, 435,
637 ; n. 44, 63, 64, 78. His charac
ter, 11. 44.
Brearly, David, a delegate to the Fed
eral Convention, n. 299. His action
in the Convention, 459.
Breckenridge, John, i. 526, n., 637.
Brent, Kichard, elected to Congress,
in. 540, 663.
Brent, Col., ii. 77.
Briggs, Mr., ii. 153, ra.
" Britannia's Intercession for John
Wilkes," I. 12.
Brooks, John, i. 386. A member of
the Massachusetts Convention for
ratifying the F'ederal Constitution,
11. 526.
Broome, James M., ii. 414.
Brougham, Henry, Lord, his " Politi
cal Philosophy" cited, n. 263, n.;
in. 43, n.
Brown, .John, of Kentucky, I. 153, ra.,
660, ra " Observations," &c., ad
dressed by Madison to, n. 262, n.
Brownlow, Mr., I. 620.
Brunswick, Manifesto of the Duke of,
111. 2bl, 318, 320.
Button, George L. L., Count de, ii. 2,
3, bO, 81, 82, 8.3. 84, 85, 87, 88,275. His
" Supplement," cited, ii. 87. His dis-

604

INDEX.

course before the French Academy
cited, 611, n.
Bullitt, Mr., II. 63, 73.
Burgoj'ne, Gen. John, surrender of, i.
196.
Burk's "Historyof Virginia," cited,
I. 80, 284, ra.
Burke, Edanus. I. 244, 315, 514.
Burke, Kt. Hon. Edmund, i. 15; ii.
499 ; III. 43, ra. Defends the rights
of the Colonies in Parliament, i.
116. His "Appeal from New to
Old Whigs," cited, I31.ra.; in. 122, re.
His letter to the sheriflfs of Bristol,
cited; 158. In the Cabinet, 328.
Resigns his place, 335. His "Re
flections on the French Revolution "
cited, n. 263, n. His opinion of
Franklin, 275, re. Letter of, cited,
in 358.
"Burnaby's Travels" cited, i. 55, ra.
Burnley, Zachariah, i. 95; in. 150.
Burr, Aaron, i. 23. Elected to the
Senate, ni. 202, n. His vote in the
second election for Vice-President,
308, 309. The choiee of lhe Repub
lican party as candidate for the
Vice-Presidency, 581.
Burwell, Lewis, l. 183.
Butler, Pierce, a delegate to the Fed
eral Convention, ii. 307, notice of, ib.
Hi.s action in the convention, 321,
333, 433, 449, 459, 462.
Butler. Kichard, a commissioner to form
a treatv with the Indians at Fort
Schuyler, i. 582.
Byrd familv of Virginia, i. 80.
Byrd, William, i. 87, re.

c.

Cabell, Samuel Jordan, elected to Con
gress, III. 540.
Cabell, William, i. 103, n., 526, re. ; ii.
635, 650, 562, 654, 666. Letter from
• George Mason to, ii. 225.
Cabinet, dissensions in the, in. 261.
Attendance of the, before Congress.
270.
Cabot, George, in. 421, re., 547. Elected
to the Senate from Massachusetts,
III. 202, re.
Caldwell. Uev. Mr., i. 19.
Callis, Mr , in, 150, re.
Camden, Lord, 1. 16. In the Cabinet,
328, 336
Campbell, Arthur, ii. 240, ra.
Campbell, Lt.-Col., expedition from
New "Y^ork, under, i. 201.
Campbell's " History of Virginia,"
cited, I. 46, re., 190, re.
Capel, Lord, i. 81.

Carey's Museum, cited, ii. 479, ¦»., 613,
ra., 646, n., 623, re.
Carleton, Sir Guy, succeeds Sir Henry
Clinton, in America, i. 329. Em-
eowered to treat with Congress, id.
Is communication to Gen. Wash
ington refused, 331. Eeceives in
structions for a cessation of hostili
ties, 378. His delay in evacuating
New York, 504, 605. Final evacua>-
tion of the city by, 509.
Carlisle, Lord, commissioner to Amer
ica, 1. 199.
Carr, Mrs., ii. 4, 5.
Carr, Peter, n. 4, 6.
Carringtnn, Col. Edward, i. 613; ii. 46.
73, 637; in. 119, ra., 535. Letter to
Madison cited, 648, re. Letter to
Madison, Washington's views of
anti-federalism, 649. Other letters
to Miidisnn cited, 652, ra., 654.
Carring'on, Paul, i. 103, re.; ii. 562.
Judge, II. 164, re.
Carroll, Charles, i. 318, 367, »>., 424, ¦/..
440, v., 461, 470, 471, re.
Carroll, Daniel, a delegate to the Fed
eral Convention, ii. 302. Notice of,
ib. Hii action in the Convention,
457, 459. In Congress, III. 13,
110, re.
Carter family, of Virginia, r. 80.
Gary, Archibald, i. 73, 80, 284, re. In
the Convention of 1776, 122, 165.
Kesolutions reported by, 123. On
the Committee to frame a Constitu
tion, 132.
Cavalier clement in Viginia, i. 76.
Cavendish, Lord John, opposes the
measures ofthe ministry against the
Colonies, i. 116. In "the Cabinet,
32S. Hesigns his oflice, 336. His
resolutions condemning the terms of
peace, 498, 469.
Census, lo be taken, as the basis of
taxation and representation, i. 423.
Bill for periodical enumeration of
inhabitants, ill. 124.
Cession of the North-west territory by
Virginia, i. 445.
Cessions, liberal, of public lands rec
ommended, I 423, 424.
Carnot, in. 498, 571, ra.
Cnalmers, George, i. 108, n.
Chalmers's " Annals," cited, i. 49, re.,
453, re.
Charles I., King of Great Britain, i. 79,
SO, 81, 82, ra., 83, re., 84.
Charles II., King, i. 82, n., 84.
Charleston, S C, arrival oftea at, 39.
Opposition to the landing of the tea
at, 40. Hepulse of Clinton's expe
dition against, 169. Siege of, 221.
Charlottesville, Va., Tarlton's expedi
tion to, I. 281.

INDEX.

605

Chase, Samuel, n. 57. His opposition
to the Federal Constitution, 527.
Chastellux, Marquis de, n. 82, 278.
His travels cited, 279, ra.
Chatham, William Pitt, Earl of See
Pitt, William.
Chevreuil, The, or roe-deer, ii. 83.
Church of England, the established
church of Virginia, i. 42, 48.
Cicero, Marcus Tullius, n. 499.
Circuit Courts established in Virginia,
I. 588.
Claiborne, Thomas, in. 592.
Clarendon's " Histoiy oftlie Rebellion,"
cited, I. 77, ra. His " Autobiogra
phy," cited, 82, ra.
Clark, Abraham, of New Jersey, i.
363, 371, 424, re., 462; n. 143; ni.
272, 391, 401, re., 410. On the hos
tility of Great Britain, 392. His
resolution, 412.
Clarke, George Rogers, i. 193. His
capture of Fort Kaskaskias, 194.
Of Fort Vincennes, 196. Grant of
land to, recommended, 445.
Clinton, George, m. 418. His oppo
sition to the Constitution, ii. 624.
Eeceives a part of the electoral vote
of Virginia for Vice-President, 657.
His vote in the second election for
Vice-President, m. 308. Opposed
by the Federal party, 309.
Clinton, Sir Henry, repulse of his ex
pedition against Charleston, i, 169.
Evacuation of Philadelphia by, 196.
His siege of Charleston, 221. In
New Jersey, 223. Letter from Corn
wallis to, cited, 274. Succeeded by
Sir Guy Carleton, 329.
Clymer, George, i. 476, ra., 514. A
signer of the Declaration of Inde
pendence, and member of the Fed
eral Convention, n^ 283. Notice of,
ib. In Congress, in. 13, 26, 56.
Coats, William, in. 464, ra.
Coercive power in Congress, I. 564.
Collier, Admiral Sir George, i. 202.
Colonies, disputes between the, and
the mother country, i. 14. Pro
ceedings in Parliament against the
rights of the, 28, 38, 40, 114. Their
cause sustained by tho opposition in
Parliament, 116.
Commerce, derangements of, ii. 8.
Power of Congress to regulate, 30,
32, 33, 46. Report ou the protection
of, by the Secretary of State, in. 383.
Commercial Convention proposed at
Annapolis, ii. 98. Objections to, 100.
Commissioners to America appointed
by Great Britain, i. 199. Their ar
rival in Philadelphia, ib. Their
manifesto, 200. Rejection of their
overtures, ib.

Coramittee of States, ii. 21, re.
"Conciliatory Bills" introduced into
Parliament, i. 198. Action of Con
gress upon, 199.
Condict, John, of New Jersey, i. 390.
Condorcet, llarie Jean A. N., Marquis
de, n. 275, 511. Tribute to the mem
oiy of Franklin by, in. 139.
Confederacy of the New-England Col
onies in i643, 1. 210.
Confederation, scheme of, proposed by
Franklin, i. 210. Agreed upon in
Congress, Nov. 1777, 211, 253. The
articles ratified and signed, 265.
Completed hy the signature of the
delegates of Maryland, 266. The
ratification publicly proclaimed, ib.
Importance of, 309. Defects of, n.
236.
Confiscation of the estates of Tories,
I. 506.
Congress, Continental, first session of,
opened with prayer, i. 61. Declara
tion of rights adopted by, 61.
Congress, Second Continental, meeting
of, 1775, 106. Resolution adopted
by, ib. Resolve for the appointment
of a general and commander-in-
chief, 106. Declaration issued by,
ib. Declaration of Independence
by, 126. Preamble and resolution
adopted by, recommending the or-
ganization of governments in the
olonies, 132. Powers of, under the
Confederation, 209, 212. Financial
embarrassments, 217. Ee-organiza-
tion of the array, 231. Eepresenta-
tion to France, 233. Reconsidera
tion of the instructions to Jay and
Franklin moved, 245. The new in
structions revoked, 262. Articles of
Confederation agreed upon, 263.
The articles formally ratifled and
sifined, 266. Recommends cessions,
263. Plan of military operations
discussed in, 267. Measures for the
defence of the Southern States, 271.
Proceedings on receiving intelligence
of the surrender of Cornwallis, 296.
Thanks of Congress voted to Wash
ington, Eochanibeau, and De Grasse,
296. A monument voted to be
erected at "Torktown, but never built,
ib. Washington's letter to, 297.
Eeception of Washington by, 297.
Measures in view of another cam
paign, 299. Madison on the propo
sition to grant coercive powers to,
304. Duty on imported merchandise
proposed, 310. First instructions for
peace, 316. Debates on the condi
tions of peace, 316. The offered
mediation of Itussia and Austria
accepted, 319. Second instructions

606

INDEX.

for peace, ib. Sir Guy Carleton and
Admiral Digby empowered to treat
with, 329. Declaration respecting
the tenns of negotiation, 337. De
spatches of the American Commis
sioners laid before, 352. Report of
Secretary Livingston, 3G3. Debates
on the report, 3tj4. The subject re
ferred to a Committee, 371. Report
of the Committee, ib. Intelligence
of the signing of preliminary articles
of peace received by, 377. Action
of Congress, 378. Question of the
ratification of the articles by Con
gress, 379. Memorial of the armv
to, Dec. 1782, 383. Action of grand
Committee on the memorial, 387.
Private consultations in, 389. Con
ditiona] resignation of Kobert Morris,
407. Efforts for a revenue system,
409. Kesolution and debate on the
memorial of officers in the army,
412. Details of the revenue plan
discussed in, 419. Flan reported by
Select Committee, 423. Territorial
cession by Virginia, 447. Report by
the Committee on the subject, 450.
Consideration of the report, 456.
Proposition of Mr. Witherspoon, 459.
Adjournment to Princeton, 462. Fi
nal acceptance of the cession of Vir
ginia territory, 463. Deed of cession
delivered in, 465. The Vermont con
troversy in, 467. Hearing in the
case, 468. . Committee appointed,
470. Terms offered to Vermont, 473.
The terms rejected, ib. Restitution
for acts of violence committed in
Vermont required by, 477. Meas
ures for disbanding the army, 479.
Threatened by mutinous soldiers,
48i. Removes to Princeton, 4b5.
Question of the future seat of gov
ernment, 488. Alternate sessions at
Trenton and Annapolis directed, 492.
Preparations for disbanding the
army, 503. Restoration of confis
cated estates recommended, 506.
Report on the delay in executing
the provisional articles of peace, io.
The report committed, 507. Final
discharge of the army, 509. Thanks
of Congress voted to the army, ib.
Proclamation for a day of thanksgiv
ing, fi. Close of Mr. Madison's service
IB, 510. Ratification of the treaty of
peace by, 530. Coercive power in,
664, Treaty-making power of, 568.
Regulation of foreign cnmrni^rce, ii.
10, 11. Meeting at Trenton, Oct.
1783, 21. Richard Henry Lee chosen
President, 22. Foreign relations, ib.
Foreign appointments, 23. Secret
history of, 24. Removal of, to New

York, 28. Power of, over coramerce,
30. Washington in favor of grant
ing the power, 32. Jefferson also in
favor of the grant, 33. Madison's
speech in favor of the, in the House
of Delegates of Virginia^ 48. Separa
tion of Kentucky from Virginia, 72.
Report on the revenue plan, 104.
New Jersey refuses compliance, 106.
Mr. Jay's exposition of his proposed
arrangement with Spain, 118. De
bate on Mr. Jay's project, 120. Re
peal of the resolution of 25th August,
1785, 121. The insurrection in Mas
sachusetts, 168. Measures for the
suppression of the revolt, 170. The
Convention discussed in, 180, 182.
Action of New York, 183. State of
parties in, 187, Negotiations with
Spain, 192. Mr. Jay's report, 197.
Action of Congress, 198. Sectional
policy avowed, 199. Violation of
treaty stipulations hy Great Britain,
202. Report on, 203. Kesolutions
adopted by Congress, 205. Powers
of, as fixed by the Convention, 443.
The Constitution before, 477. Op-
pnsition to the Constitution, 479.
Proceedings of, for putting the Con
stitution into operation, 633. Selec
tion of the seat of goveniment, 634.
Meeting of the first Congress under
the Constitution, ui. 2. Examination
of the votes for President and Vice-
President, ib. Ansvver ofthe House
of Representatives to Washington's
inaugural speech, 7. Title proposed
for tlie President, 9. Disagreement
of the two Houses, 10. Character
of the first Congress, 12. Revenue
question, 13. American navigation,
16. Organization of the Executive
departments, 30. Power of removal,
31. The Treasury department, 37.
The department ofState, 38. Amend
ments proposed to the Constitution,
ib. Considered by the House, 41.
The Judiciary Bill, 46. Passes the
Senate, 47. In the House, 48. Passes
the House, 49. Question of a per-
manen t seat of government. 50. The
bank ofthe Susquehanna fixed upon
by the House, 56. The bill lost in
the Senate, 59. Report of the Secre
tary ofthe Treasury, 71. The public
debt, 73. Mr. Madison's proposition,
78. Kejected, 8". Resolution for
payment of arrears to troops, 89.
Assumption of Slate debts, 92. The
proposition rejected, 101. Renewed
by Mr. Gerry, 107. Again rejected,
108. Resolutions again offered, 109.
Agreement to connect the .questions
of the seat of goverument and as-

INDEX.

607

sumption, 115. Passage of the bills,
116. Bills for periodical enumeration
of inhabitants, 124. Naturalization
bill, 126. Petitions for the abolition
of the slave trade and of slfivcry,
129. Report on, 130. Reciprocitv
in comnu'rcial relations, 133. Death
of Franklin announced in, 138.
Adjournment of, 139. Discontent at
the South, 141. Re-assembling of,
in Philadelphia, 154. Address to
the President, ib The revenue
question, 155. Excise bill, 26. Passed
in the House, 157. National Bank,
ib. Passage of the bank bill, 167,
Close of the first Congress, 173.
Meeting of the second Congress,
202. Apportionment bill, 203. Dis
agreement of the two Houses, 207.
A new bill passed, 213. Veto by the
President, 215. The ca=e of a pres
idential vacancy, 221. The military
establishment, 226. A legislative
reference opposed, 227. Bounties re
commended by Hamilton, 233, Bill
for the encouragement of the fish
eries, 234. Passage of the amended
bill, 238. Provision for the public
debt, 240. Second session of the
second Congress, 267. President's
speech, and address in answer, ib.
Opposition to the excise law, 268.
Inquiry into the failure of St. Clair's
expedition, 270. Attendance of the
Cabinet before, ib. Plan for redemp
tion of the debt, 277. United-States
Bank loan, 279. Payments due to
France, 280. Mr. Giles s resolutions
of censure, 285. Defence of Hamil
ton, 288. Debate on the resolutions,
291. Rejection of the resolutions,
298. Close of the session, 307
Second election of President. 308
Question of convening at Phiiadei
phia, 367. Meeting of, 370. Mf
Muhlenburg elected Speaker, ib.
Message on foreign relations, 372,
Opening speech by the President,
and address by the House, 371, 372,
Message on foi'eign relations, 372,
Report of Secretary of State, 373,
Resolutions for the protection of
commerce, 383. The first resolution
adopted, 399. New outrages on
American commerce, 404. Resoiu-
tions for raising a provisional army,
405. Question of an embargo, 409.
The resolution passed, 410. Mr.
Clark's resolution, 412. Measures
for defence of American commerce,
432. Proposed establishment of a
navy, 433. Financial questions, 44L
End of the session, 445. President's
speech at the meeting of, 462. Tlie

militia, 477. Term for naturaliza
tion extended, 479. First session
of the fburth Congress, 541. Jona
than Dayton elected Speaker, ib.
Speech of the President, ib. Ad-
dre'-s in reply, 543. Opposition to
the British treaty, ib. Presentation
of the French colors, 645, 547. Call
for instructions, 554. Mr. Blount's
resolutions, asserting the constitu
tional rights of the House, adopted,
559. Consideration of the treat}',
560. Kesolution adopted for its
execution, 564. Adjournment of
Congress, 5B7. Second session, 587.
President's speech, ib.
Connecticut, territorial cession tendpred
by, I. 448. Opposes the Virginia
claims, 458. Her delegation to the
Federal Convention, 11. 295. Rati
fies the Federal Constitution, 516.
Constitution ofthe United States, adop
tion of, in the Federal Convention,
II. 472. Laid before Congress, 477.
Opposition to, in Congress, 478.
Character of parties, 483. The es
says of the "Federalist," 484. The
Constitution ratified by Pennsylva
nia, 515. By Delaware. 516. By
New Jersey, ib. By Georgia, io.
By Connecticut, ib. Opposition to,
in Massachusetts, 521. iiatification
of, by Massachusetts, 526. Opposi
tion to, in New Hampshire, ib. In
Maryland, 527. Ratified by Mary
land, 528. Oppo-ition in South
Carolina, ib. Ratified by South
Carolina, 530. Opposition in Vir
ginia, 531. Debates in Convention,
561. Ratification of the Constitu
tion by Virginia, 607. By New
Hampshire, 615. Celebration of the
event at Alexandria, 622. At Phila
delphia, 623. The New-York Con
vention, 624. Opposition to the
Constitution, ib. Conditional ratifi
cation proposed, 626. Ratified by
Nevv York on condition of the cvill
of a second Convention, 628. Re
newed opposition, 631. Action of
the North-Carolina Convention, 632.
Renewed hostility in the Virginia
Legislature, ib. Proceedings of
Congress, 633. Question of amend
ments, 642. Action of the Legisla
ture of Virginia, 645. Commence
ment of the new government under
the, IIX. 1- Amendraents proposed
by Ml-. Madison, 38. Considered
in the House, 41. Adopted by Con
gress, 41, 42. Ratified by the Legis
latures of three-fourths of the States,
ib. Amendinent offered by Mr.
Tucker, ib.,n. Rejected, 43, n. Rati-

608

INDEX.

fication of the Constitution by North
Carolina, 46. By Rhode Island, ib.
Constitution of Virginia of 1776, first
draught of the, and form in which
it was finally adopted, i. 648.
Convention at Annapolis, 1786, ii.
98, 99, 117, 125. Meeting of the
Convention, 126. Journal of the,
cited, 127, n. Committee to pre
pare a report, 127. Address adopted.
128.
Convention at Philadelphia, 1787, re
commended by the Annapolis Con
vention, It. 129. Preamble to the
act of Virginia appointing Com
missioners to, 133. Correspondence
with Wasliington on the, 134. Elec
tion of Coramissioners by the Legisla
ture of Virginia, 136. Meeting of the
Convention, 272. Gen. Washington
elected President, 273. High char
acter of the, 308. Madison's record
of the debates in the, 309. Eesolu
tions submitted by Gov. Randolph,
313, 317. Plan of a Federal govern
ment presented by Mr. Pincknej',
316. Question of representation, 318.
Evils of Democracy, 323. Executive
department, 329. Danger of mon
archy, 333. Federal judiciary, 335.
Popular branch of legislature, 337.
Senatorial branch', .339. Modified
Virginia plan, 341. The New-Jersey
plan, 343. Col. Hamilton's plan,
346. Character of the three schemes,
351. Adoption of Randolph's resolu
tions, 352. Plan reported by Commit
tee, 359. Constitution of legislative
body, 361. Duration of term of
service, 363. Restriction on in
crease of pay, 365. Advantages of
a stable Senate, 367. Ratio of repre
sentation, 370. Division of interests,
381, Report of the Committee of
Compromise, 386. Indignation of
Southern members, 395. Slave rep
resentation, ib. Sectional jealousies,
397. Question of representation,
400. Executive department, 409.
Draught of a constitution, 426.
Quidifications of electors, 427. Orig
ination of money bills, 437. Enu
meration of powers of Congress, 443-
Importation of slaves, 445. Report
on the subject, 448. Separate powers
of Senate, 455. New plan for execu
tive, 459. Restriction on members
of Congress, 465. The Constitution
ordered to be engrossed, 469. Defer
ence, for Gen. Washington, 471.
Final adoption of the Constitution,
472. Closing scenes of the Conven
tion, 473. Incident related by Mr.
Madison of Dr. Franklin, 474. Reso

lution for laying the Constitution
before Congress, 477.
Convention at Richmond, July 17,
1775, 1. 101. At Williamsburg, May
6, 1776, 119.
Conway, General, opposes the meas
ures of the Mini'^try against the Co
lonies, I. 116. His motion againsl
the further prosecution of the war,
carried, 327. In the Cabinet, 328,
336, 337.
Conway, Mrs., maternal grandmother
of Madison, i. 3.
Corbin, Francis, ii. 46, 65, 73, 132
153, n., 540, 550; in. 150.
Corbin, Mr., i. 537, 591. Receiver-
General of Virginia, restores to Pa
trick Henry the value of the pow
der removed from Williamsburg,
1.93.
Cornw.iUis, Chnries, Marquis, in the
Carolinas, i. 225, 226. Advances
upon Virginia, 274. Arrives at
Richmond, 281. Invasion of the
Territory of the State, ib. His en
gagement with Lafayette at James
town, 288. Concentrates his force
at Yorktown, 289. Siege of York-
town, and his suiTender, 293.
Coste, Dr., ofthe French Army, ii. 82.
His address at the College of Wil
liam and Mary, ib.
Croix, M. de la, French Minister of
Foreign Affairs, in. 569, 572, 573.
Cropper, Mr., in. 150, n.
Cumberland, Duke of, .opposes the
measures of the Ministry against
the Colonies, i. 113.
" Cunningham's Correspondence," ci
ted, III. 490, n.
Cushing, William, nominated as Asso
ciate Judge of the Supreme Court,
III. 68.
Custis, John Parke, letter from Wash
ington to, I. 300. D.
Dallas, Alexander J., III. 464, n. Let
ter from Madison to, 512.
Dalton, Tristram, it. 167, n. ; ill. 10,
n., 27, 202, n.
Dana, Francis, II. 22, n.
Dane, Nathan, his proposition relative
to the Philadelphia Convention, ii.
184. Adopted by Congress, ib. Op
poses the Constitution in Congress,
478, 521.
Dartmouth, Earl of, Secretary for the
Colonies, i. 65., On the petition to
the King from the Colonies, 1775,
114. Extract from a letter of, to
Lord Dunmore, 118, n.

INDEX.

609

Davie, Gov. William Richardson, ii.
297. A delegate to the Federal Con
vention, 303, notice of, ib. His ac
tion in the Convention, 382, 384, 396.
Dawson, John, n. 550, 553.
Dayton, Jonathan, m. 270, 391. A
delegate to the Federal Convention,
II. 299. Notice of, ib. His action in
the Convention, 370, 377, 382, 401.
Elected to Congress, in. 203, n. Op
poses the apportionment bill, 205,
209. On the hostility of Great Brit
ain, 893. I'roposes sequestration of
debts due to British subjects, 410.
Elected Speaker ofthe House, 541.
Dearborn, Henry, in. 371, n.
Debt, original, of the Union, in. 73.
Of the individual States, 74., As
sumption of the, reeommended, 91.
Declaration of Independence in Con
gress, I 126; n. 281.
Declaration of Rights of Virginia, i.
134. Its character, 137. Reported
by Archibald Cary, 138. Amend
ment to, proposed by Madison, 141.
Successive draughts of the, 644.
Defence of the Constitutions of the
United States of America, by John
Adains, ii. 503.
Delaware, articles of Confederation
ratified by, i. 256. Opposition of,
"to the Virginia territorial claim, 457.
Delegates appointed to the Philadel
phia Convention, ii. 181. Her dele
gation, 300. Ratification of the Con
stitution by, 516.
Democracy, evils of, n. 325.
Democratic Societies condemned by
Washington, in. 464. Debate on,
469.
Denbigh, Lord, 1. 116, n.
Dexter, Samuel, in. 371, n., 389, n.,
390. His interview with Madison,
481. Fails of a re-election to Con
gress, 539.
Dickinson, John, I. 482, 514. Re
ceives the degree of LL.D. from
Princeton College, 18. Assists in
drafting the Declaration of Con
gress in 1775, 107. A Commissioner
at the Annapolis Convention, 1786,
n. 128. Delegate to the Federal
Convention, 261, n., 300. Notice of,
300. His action in the Convention,
343, n,, 438, 447, 458, 459, 464.
Digbj', Admiral, empowered, with
Carleton, to treat with Congress,
I. 329. Instructions for a cessation
of hostilities received by, 378.
Digges, Dudley, i. 103, n. Chosen in
to the Council of State, 183.
Digges family of Virginia, I. 80.
" Diplomatic Correspondence of the
American Revolution" cited, I. 218,

n,, 251, n., 326, n., 337, n., 350, n., 357,
JJ., 361, n,, 362, n., 363, n,, 373, n.,
378, n., 379, n., 602, n., 603, n,, 508, n.
Direct taxution, 11. 589, n.
" Discourses on Davila," by John
Adams, in. 176.
Discriminating duties, in. 15, 22, 132.
Dissenters, sniall number of, in Virgi
nia, at the Revolution, i. 65, n.
Donald, Mr., letter from Jeffijrson to,
II. 656.
Dorchester, Lord, his speech to the In
dians, III. 418, n.
Duane, William, i. 237, 244, 442, «.,
514,624.
Duer, Judge W. A., his correspondence
with Ma"dison, ii. 365, n.
Dunmore, Lord, Governor of Virginia.
I. 59, 63, 260. His letter to the
Earl of Dartmouth, 24 Dec. 1774,
65. His removal of the gunpowder
from Williamsburg, 90. His arro
gance, 97. Convokes the Assembly,
98. His flight from Williamsburg,
99. Takes refuge on board the
" Fowey," 100. His outrageous pro
ceedings, 116. Defeated at Hamp
ton and King's Bridge, 117. Burns
Norfolk, ib. His proclamation eman
cipating all negroes Avho should aid
him in reducing the Colony fo sub
jection, 2*6. Washington's opinion
of his course, 118. Extr.ict from a
letter of the Earl of Dartmouth to,
ib., n. Driven from Virginia, 169.
Duponceau, Peter S., in. 464, n.
Dwight, Theodore, letter from Fisher
Ames to, in. 112.
Dyer, Eliphalet, i. 505.

E.
East India Company, I. 38.
Eden, William, Commissioner to Amer
ica, I. 199.
Egglestone, Joseph, ii. 153, ¦n.
Electors of President, measures for the
choice of, ii. 633.
Ellery, William, i. 514, 523.
" Elliot's Debates," cited, ii. 629, n.,
530, m.
Ellsworth, Oliver, i. 462, 484, 506, 614;
II. 303 ; in. 10, n., 46, 421, n., 487, n.,
547. On a Committee to prepare an
Address to the States, i. 425. A
delegate to the Federal Convention,
II. 297. Notice of, i6. His action in
the Convention, 363, 364, 376, 378,
379, 380, 382, 383, 384, 420, 424, 446.
His proposition for assuming the
State debts, 110. His plan adopted
by Congress, 115, 116.

VOL. III.

39

610

INDEX.

Embargo, question of an, ni. 409.
Passage ofthe Resolution, 410.
Engagement between the French and
English fleets off the capes of the
Chesapeake, I. 280.
England. See Great Britain.
Entails, Abolition of, in Virginia, i.
173.
Erskine, Thomas, in. 475, n,
Erwin, Mr., i. 38.
Established Church in Virginia, i. 42,
45. Patriotism of the, 52. Effects
of the establishraent, 53. Number
of members of the, at the Revolu
tion. 55, n,
Estaing, Count de, arrival of, in Amer
ica, I. 197.
Europe, condition of the poor in, ii. 95.
"Evangelical and Literary Maga
zine," cited, I. 632, n.
Everett, Edward, letter from Madison
to, cited, II. 609, n.
Excise Bill in Congress, in. 156.
Passed by the House, 157. Proclama
tion to enforce the, 265. Opposition
to, 268, 447, 460. Resistance to ex
ecution of the law, 453. Proclama
tion by the President, 464.
Executive Department of the Govern-
ernment, n. 329, 409.
Executive Departments, organization
ofthe, in. 30.
Executive power of removal, ill. 33.
"Ex post facto Laws" condemned in
Mason's draught of the Virginia
Declaratiou of Rights, i. 138, 139.

P.
" Fairfax Resolutions," adopted 17
Jan. 1775, i. 74, n.
Fairfax, Thomas, Lord, i. 79.
Falkland, Lucius Cary, Viscount, I.
80, 81, 82, n.
Fauchet, M., despatch of, intercepted,
III. 519.
Federal Party, origin of the designa
tion, in. 177. Measures contem
plated by its leaders for the execu
tion of Jay's I'reaty, 565, 566, n.
" Federalist, The," cited, I. 476, n.; ii.
223, 224, 369, 408, n.. 489, n., 491,
n., 492, n., 494, n,, 495, 496, n., 497,
n., 601, n., 603, n., 609, re.; in. 36,
n., 49, n., 152, n., 163, n. Publica
tion of the, by Hamilton, Jay, and
Madison, n. 484. Authorship of the
Essays, 485. Edition of 1810, 486.
Edition of 1818, ift. The topics dis
cussed in the Essays, 487. Madi
son's contributions to the, 488.
Opinions of Jeiferson, Kent, and

Story, on the, 498, 499. Value of
Hamilton's Essays, 501.
Fenno's " United States Gazette," iii.
192,261.
Few, Col. William, a delegate to the
Federal Convention, ii. 307. Notice
of, ib.
" Filibustering," rebuke of, in the Act of
Virginia punishing unlawful enter
prises, I. 693. Origin of the term,
lb. n.
Financial embarrassments, i. 217. De
preciation of Bills of Credit, 218.
Findley, William, n. 516; in. 241,
286,391. On Mr. Giles's resolutions
of censure, 291. His " History of the
Insurrection in Pennsvlvania " cited,
III. 450, n., 452, n,, 459, 460, n.
Fisheries, an article in the first pro
posed conditions of peace, I. 316,
316, 346, 348, 349.
Fitzherbert, Alleyne, empowered to
treat for a peace with France, Spain,
and Holland, i. 345.
Fitzsimmons, "Thomas, i. 415, 440; in.
227, 230. 441, 486, n., 539. Supports
Mr. Madison's address to the States,
431. A delegate to the Federal Con
vention, II. 289. Notice of, ib. In
Congress, ni. 13. His proposition
on the revenue question, 14. Sup
ports Mr. Madison's views, 26. On
the assumption of State debts, 99,
107. Against "Democratic Socie
ties," 469..
Flemming, judge, n. 154, n.
Floyd, Geil. William, I. 442, «., 522^ n.
Foreigners, policy as to, n. 431 ; in. 126.
Fort Henry, Manifesto of the British
Commissioners rejected at, i. 200.
Fort iiaskaskias, captured by George
Rogers Clarke, i. 194.
Fort Schuyler, treatj' with the Indians
at, I. 581. Lafayette and Madison
at, 582.
Fort Vincennes, captured by Col.
Clarke, I. 196.
Fort Washington, loss of, i. 176.
"Fowey," ship of war, Lord Dun
more takes refuge on board the, I. 29.
Fox, Rt. Hon. Charles James, i. 15,
497, 499. Defends the rights of
the Colonies in Parliament, 116.
Secretary of State, 328. In favor
of acknowledging the independ
ence of the Colonies, 334. Re
signs his seat in the Cabinet, 335.
In the Portland Administration, 498.
His remark on the formation of the
Federal Constitution, n. 474, n.
Fox, Joseph, I. 87, n.
France, Democracy in, i. 157. Treaty
of alliance with, 196. Ratified by
the Legislature of Virginia, 203.

INDEX.

611

Arrival of French troops at New
port, 224. Blockade of the fleet
at Brest, 225. Representation of
Congress to, 233. France demands
the recognition of the American
Minister in the negotiations for
peace, 325. Decliration of the
French Government, 326. M. Ray
neval's letter, vindicating the con
duct of, in the negotiations for
peace, 655. French officers at Wil
liamsburg, II. 81, 82. Sympathy
with France in her Revolution, in.
187. Suspension of the payment of
the debt to, 280. Assembling ofthe
National Convention, ib. Resolu
tions of sympath}' with, 317. Coali
tion against, 318. Proclimation of
neutriility by Washington, 324. Re
lations o'f the United States with,
327, 329. Arrival of M. Genet, 332.
His reception, 333. Liberal spirit of
France, 337. Diplomatic discussions
on complaints of the British Jlinister,
338. Recidl of M. Genet requested,
848. Brilliant successes of the
French Armies, 497. Negotiations
of Mr. Monroe with, 629. National
colors of, presented to the United
States, 545. Effect of Jay's treaty
in, 569. Arrete of the Directory,
574. M. Mangourit appointed
Charge d'Affaires, 675. Correspond
ence of M. Adet, 683. Relations
with the United States at the close
of Washington's administration, 596.
Franklin, Benjamin, ii. 281, 296. His
remark on the occupation of Phila
delphia by the British, i. 197. Over
tures to the Spanish Alinister at Ver
sailles by, 205. His negotiations
with France, 234, 238. Joined to
Mr. Adams in the commission fbr
negotiating a peace, 321, 323. A
commissioner with Arthur Lee, and
Silas Deane, to negotiate treaties
in Europe, 340, 341, 353, 362,378;
II. 4, n. Applies for leave to re
turn, 23. A delegiite from Pennsyl
vania to the Federal Convention,
274. Notice of, ib. Opinions of
Chatham and Burke with re^rd to,
275, n. His action in the Federal
Convention, 320, 322, 331, 374, 382,
384, 433, 464, 472, 473. His motion
for opening the sessions of the Con
vention with prayer, 376. His re
marks on the question of adoption of
the Constitution, 469. Incitient re
lating to, recorded by Mr. Madison,
474. Death of, iiJ. 138. Resolution
adopted by the House of Representa
tives, 139. Tributes to his memory,
id.

Fredericksburg, Resolution of the Inde
pendent Company of, i. 90, 91.
Free navigation of rivers, i. 239, 678.
Freneau, Philip, i 32 ; in. 191. Recom
mended by Madison to Jeflferson,
193. Establishes his paper in Phila
delphia, 194. His "National Ga
zette," 250, 262.
Fugitives from justice, surrender of,
I. 627.
Funding system of Hamilton, in. 74.
Operation of the, 243.
G.
Gale, George, in. 116, re.
Gallatin, Albert, his opinion of Madi
son's abilities, ii. 613, re. His flrst
appearance in Congress, in. 371, re.
Re-elected, 539. On the call for Mr.
Jay's instructions and correspond
ence, 653. Opposes Jay's treaty,
Galloway, Joseph, i. 18.
Gardoqui, Don, Minister of Spain to
the United States, ii. 109, 193, 197,
200.
Gates, Gen. Horatio, i. 392, 618, 621.
Genet, Edmond Charles, Minister from
the French Republic, arrival of,
III. 332, 464. His reception, 383.
His offensive conduct, 335. Notice
of, 336. His recall requested, 343.
His letters to the Secretary of State,
346, 351.
George III , King of Great Britain,
allegiance to, declared by the Con
vention of 1775, 1. 104. Petition to,
resolved on, 106. Extract from his
speech, Oct. 26, 1775, 108. His
speech of Nov. 27, 1781, 326.
Georgiii, reduction of, in 1779, i. 201.
Articles of confederation ratified by,
255. Appoints delegates to the
Philadelphia Convention, ii. 181.
Her delegation, 307. Ratifies the
Federal Constitution, 616.
Geriy, Elbridge, ii. 67, re. His propo
sition in regard to the future seat of
government, i. 489. Opposes a gen
eral Convention, ii. 178. A dele
gate to the Federal Convention, 291.
Notice of, ib. His action in the
Convention, 323, 325, 336, 337, 376,
384, 387, 399, re., 402, 410, re.,
411, re., 412, re., 418, 422, 438, 441,
447, 469, 473, 481. His opposition
to the Constitution, 521. In Con
gress, in. 13, 34, 99, 164, 206, re.,
241, 272. His proposition to assume
the State debts. 107. Defeated, 108.
" Gerrymandering," practically put in
operation to defeat the election of

612

INDEX.

Mr. Madison to Congress, ii. 655, n.
" Gibbs's Memoirs " cited, in. 425,
460, 518, 567, 5S1, n.
Giles, William B , in. 165, 241, 391,
547, 553, 563, 691, 692. His resolu
tion of censure on Hamilton, 286.
The resolutions rejected, 298. On
the hostility of Great Britain, 391.
Chairman of a Coinmittee on the
militia, 477.
Gilman, Nicholas, i. 390. A delegate
to the Federal Convention, n. 291.
Notice of, ib. His action in the Con
vention, 459. In Congress, in. 13.
Girardin, Louis H., his continuation of
Burk's " History of Virginia " cited,
80, re., 102, re., 103, re.
Goodhue, Benjamin, in. 83, 99, 390,
486, 487, re., 563. His resolution on
a permanent seat of government, 51,
65, 111.
Gordon, James, elected to the Virginia
Convention, ii. 549, re.
Gorham, Nathaniel, I. 371, 420, 439,
462, 514; II. 199. A delegate to the
Federal Convention, 293. Notice
of, ib. His action in the Convention,
364, 366, 366, 376, 388, 394, 399, re.,
424, 449, 471. His letter to Madi
son on the Massachusetts Conven
tion cited, 524.
Grafton, Duke of, opposes the acton
of the ministry against the Colonies,
I. 116. In the Cabinet, 328, 338.
Grahame's " History of the United
States " cited, i. 65, re.
Grantham, Lord, Secretary of State,
I. 336.
" Grand Remonstrance," The, i. 82.
Grasse, Count de, arrives in the Chesa
peake, I. 290, 292. His engagement
with Admirals Graves and Hood, 292.
Thanks of Congress voted to, 296.
Defeated by Admiral Rodney, 335.
Graves, Admiral, i. 224. His engage
ment with the Count de Grasse off
Cape Henry, 292.
Grayson, William, i. 537; n. 32, 42,
120, n., 142, 550, 561, 588, re., 694,
595, 597, 601, 616, re., 625, re. ; ill. 68.
His speech in opposition to the Con
stitution, 691. Death of, in. 165, re.
Great Britain. A change in the mode
of conducting the war in America,
I. 327. Adoption of Gen. Conway's
resolution by the House of Com
mons, ib. Resignation of Lord North,
0. The Rockingham administra
tion, 328. Attempt to detach the
United States from the alliance with
France, 332. Dissensions in the
Cabinet, 334. Change of adminis
tration, 335. Meeting ')f Parliament,
496. I?reliminary articles of peace

concluded, ib. The coalition min
istry, 497. The Portland adminis
tration, 498. Exclusion of vessels
of the United States from the West-
India Islands, 566. Infractions of
the seventh article of the treatv of
peace by, 567. Debts due to British
subjects, ib. Nonfulfilment of the
treaty of peace, ii. 22. Paj'ment of
British debts by Virginia, 70. Vio
lation of treaty stipulations by, 202.
Correspondence with the Govern
ment, lb. Policy of. III. 21. Sym-
Sathy with, in New York, 23. Mr.
ladison on her policy, 24. Dis
criminating duties against, proposed,
132. Her contempt of treaty stipu
lations, 180. Relations with, 312.
Mr. Hammond, minister to the Uui
ted States, 313. Declares war against
France, 322. Violations of neutral
ity by, 344. Hostility of the Gov
ernment of, 345. Order in Council,
349. Danger of war with, consid
ered, 389. New outrages by, 404.
Characterized as a piratical nation,
406. Special mission to, 411. Truce
with Algiers, 429. Proclamations
against seditionin, 473. Suspension
of the writ of 'habeas corpus, 474.
Check to Mr. Pitt's career, 475. Mr.
Jay's negotiations, 490. Invasion
of the territory of the United States
by, 494. Organization ofthe militia,
498. Negotiation ofa treaty with Mr.
Jay, 502. The treatv ratified, 522.
Greene, Gen. Nathaniel, 1.226; ii. 308.
Reinforcements sent to, i. 273. Re-
crosses the Dan, 274. Advances to
Camden, ib.
Grenvil, Sir Bevill, i. 81.
Grenville, Lord George, in. 619. His
scheme for taxing the American
Colonies, i. 14. Correspondence of
Mr. Pinckney with, in. 347, 348.
His admission to Mr. Pinckney, 410.
His jealousy of the United States, 510.
Grenville, Thomas, instructed to ac
knowledge the independence of the
thirteen Colonies, 333, 335. Suc
ceeded bj' Mr. Fitzherbert, 345.
Griflin, Cyrus, in Congress, I. 215,216.
Grigsby, Hugh B., his discourse on the
Virginia Convention of 1776 cited,
I 71, re., 130, re., 538, re.
Grimke, T. S., letter from Madison to,
cited, II 355, re.
Griswold, Roger, in. 563.
Guichen, Count de, commander of the
French squadron in the West Indies,
I. 226.
Guizot, Franfois P. G., " MiSmoires de "
cited, 1. 290, re. His " Vie de Wash
ington " cited, n. 309, n.

INDEX.

613

H.
Habeas Corpus, suspension of, in Eng
land, in. 474.
Half-pay, i. 382, 385. Report relating
to, 387, 390.
Hamilton, Alexander, l. 371, 379, 426,
re., 437-443, 483, 514; n. 104, re..
271, re, 417, re., 500, 601, 608, re.j
m. 119, re., 177, re., 228, 252, 263,
278, re., 384,408, 424, re., 462, re., 676.
His letter to Mr. Duane criticised, i.
305. His letter to Robert Morris
cited, 307. His speech in Congress
on the conduct of the Peace Com
missioners, 364. His motion relating
to lhe provisional articles of peace,
380. Letter from Washington to,
381, re. His information as to the
views of the army, 389. His confi
dential letter to Washington, Feb. 7,
1783, 402. Reply of Washington,
404. Other letters of Hamilton to
Washington, cited, ib., 405. Reply
to the objections of Rhode Island to
a revenue system, prepared by, 411.
Of a select committee on the reve
nue, 420. On a committee to pre
pare an address to the States, 425.
Opposes Mr. Madison's address, 429.
The author of the answer to the
Rhode-Island objections, 435. On
the Coinmittee on the subject of the
mutiny in Philadelphia, 484. Re
ports a resolution ftir the discharge
of soldiers enlisted for tbe war, 503.
His proposition for a Convention in
1782, n. 66. Prepares an address to
the States IVom the .Annapolis Con
vention, 1786, 127. A delegate to
the Federal Convention at Philadel
phia, 298. Notice of, si. His action
in the Convention, 322, 326, 333, 334,
346, 352, 359, 363, 364, 376, 432,
459, re., 466, 471, 473, 481. His
speech on presenting his plan of
government to the Convention, 346.
His letter to Col Timothy Pickering
cited, 416, re. His " Works " cited,
417, n. The essays of the " Federal
ist," 484. His contributions to the
publication, 485, 486. His style
.compared with Madison's, 489, re.
Value of his essays, 601. Letters to
Madison cited, 503, re., 626. His re
mark on the course of the New-
York Convention, 629, re. His efforts
for establishing the seat of govern
ment at New York, 635. Letter to
Gov. Livingston cited, ib,, re. His
opinion on the power of removal,
III. 36. On the Federal judiciary,
49, re. Nominated as Secretary of

the Treasury, 66, 67. His funding
systeni, 74. Letter from Madison to,
cited, 76. His "Works" cited, 90.
His views on the assumption of
State debts, 93. Letter to Col. Car
rington cited, 94, re. His feelings
on the course pursued in Congress,
114. [n favor of a strong Federal
Government, 117. Effects of a—
sumption, 118. Denounces the Vir-
finia resolutions on the Funding Act,
51. His financial policy, 159.' His
argument in favor of the bank bill,
169. His political creed, 175. A
Federalist, 179. His opinion on
gratitude among nations, 187. His
charges against Madison and Jefl'er
son, 194, 195. His opposition to
Jefferson, 223. His letter to Col.
Carrington cited, 229, n. His report
on manufactures, 231. His com
plaints of the opposition of Madison,
246. Injustice of his accusations,
247. On the opposition to the excise
bill, 269, re. His financial plans, 275.
Opposes the resumption of payments
of the debt to France, 280. Mr.
Giles's resolutions of censure upon,
285. Authorized to negotiate a loan,
287. His defenoe, 289. Rejection
of the resolutions of censure, 298.
Washington's letter to, approving
his course, 302. Washington's sec
ond letter to, 304. Hts opinion of
the relations with France, 327. The
articles of " Pacificus," by, 3.31.
On the question of convening Con
gress at Philadelphia, 368. His in
tention of rt.'signing his office, 378.
Named as special enA"oy to Eng
land, 422, re. His report on the op
position to the excise law, 451.
Accompanies the expedition fir the
suppression of the insurrection in
Pennsj'lvania, 467. His letters to
the President, 459, 460. Letter to
Mr. Fitzsimmons, cited, 470. Re
signs the office of Secretary of the
Treasury, 485. His opinion of Col.
Pickeriiig, 489. On the instructions
to Mr. Jay, 492. Letter to Jlr. Jay,
493. His defence of Jay's treaty,
614. On the re-organization of the
Cabinet, 536. Disapproves the Pres
ident's speech to M. Adet, .148. Let
ter to ilr. King, 565. Advises the
recall of Jlonroe, 576. Draught of
Washington's farewell address by,
578, re. His preference for Mr. Jay
as a candidate for the presidency,
580. Letter to iilr. Wolcott, on the
correspondence with Jt. Adet, 585.
Hamilton, John C, his " History of the
American Republic" cited, i. 403, re..

614

INDEX.

404, »., 405,11., 437, re.; n. 104, n.,
128, li., 179, n., 417, It,, 466, «., 024, ii.,
629, 11, ; in. 94, 169, re., 191, »., 192, ii.,
242, n , 246, re., 366, re., 3S4, 422, n.,
437, »., 469, n., 486, re., 648, re.
Hamilton, Col., Governor of Detroit,
taken prisoner, i. 195.
Hammond, (icorgo, Ministorfi'om Great
Britain, ill. 313, 618. His corro-
spoiulonco with Mr. Jeff'erson, ib.
Hampden, John, I. 81, S3, re.
Hampden Sidney College, Rev. Sam
uel Stanhope bmith, President of, i.
22, 185; n. 4.
Haiu'ock, .lohn, elected Governor of
Massachusetts, ll. 174. President
of Congress, 293. His doubtful sup
port of the Constitution, 621. In the
SlassacbiMCtts Convention, 526.
Hanover County, Va., amusoiueiits iu,
1737, I. S7, re.
Hardy, Thomas, trial of, in. 476, re.
Harper, Robert Goodloe, in. 660, re.,
663. Elected to Congress, 640.
Harper's Ferry, improvements at, ii.
116.
Harrington's " Oceana " cited, n. 509,
re.
Harrison, Benjarain, I. 73; n. 639, re.,
541, 650; IK. 160, re. Letters from
AVashington to, l. 213,215. Elected
a special envoy to Conjires.s by the
liouse of Delegates, 270, 271. Let
ter from Washington to, on internal
improvements, 615. Elected Presi
dent of the HousQ of Delegates, n.
44. Uis character, ib. llis repug
nance to the Constitution, 632, 661,
605.
Harrison, Carter Ilcnry, i. 013 ; n. 46.
Harrison fainil.y of A'irginia, i. 60.
Harrison, Nathaniel, elected to tho
Council of S'ato, i. 183.
Harrison, Robert II. , appointed an
Associato Judge of tlio Supremo
Court, HI. 68.
Hartley, Thonias, in. 33, 42, re.
Hartley, W. 11. , defends the rights of
the (Colonies in Parliament, i. 116.
Commissioner to conclude a defini
tive treaty of peace, 499, 502.
Harvie, Mr , n. 640.
Hastings, Warren, impeachment of, in.
476, re.
Healh, Cen. William, n. 625.
"Helvidius," articles of, written by
Madison, in. 353.
Henderson, .A-lcxander, a cotnmissioner
on tho .Maryland boundary question,
I. 651; n 67, re.
Hening's " Statutes at Large of Vii^
ginia " cited, i. 3, 42, 85, ;«., 100, re.,
191, v., Iil4, re., 195, re., 207, re., 267, re.,
260, re., 290, re., 31 1, re., 333, n,, 437,71.,

615, H., 619, re., 544, ?i., 604, re , 666, fl.,
593, «., 628,11.; II. 11,"., 78, re., 163,
11., 168, n., 6;!6, re.
llciirv, Jamos, elected to Congress, i
216", 210.
Henry, John, graduates nt Princeton,
I. 19. Member of Congress, Sen
ator, nnd tiovcriior of Miirvland, 23.
Ileiirv, Patrick, i. 52, ii., 127, re., US, re.,
131, VU. 172, 270, 617,556, 569, 591,
698, 006, 607, 613; n. 84, 6.'M, 686,
637, 638, «, 539, n., 540, 541, 542,
543, 650, 551, 661, hlili, 667, 568, 676,
676, 577, 67.^;, 680, 688, 693, 597, 600,
601, 62.''), «.; 111. 160, re., 634, 581, re.
llis resolutions fov nrmin.g nnd em
bodying tho militia, moved 20th
March, 1775, in tho Convention at
Kichmond, I. 03, 68. llis pntriotic
services, 69. His vcsjilut'on off'ered
23d March, 1776^ 7-l^«. At thc head
of llio independent company of Han
over, receives from Mr. Corbin tho
value ol" the guniio\vdcr roinoved
from A\^illiaiiisbiti'g, 93. Letter from
the Conimittee of Orange t'oiintyto,
05. Appoinlcii conimandoi'-in cliief
of tbo Colonial tiirccs, 102. In the
Convention of 1776, 122, 166. En
forces the resolution for declaring
indeponilenee, 130. On tho Com-
inilteo to franie a Constitution for
Virginia, 132. I'.xtriiet from a letter
of, to .lohn Adams, 147, 148. Elected
Governor of A'irginia, 167. Suc-
eeelcd by Jctl'er.ioii, 203. lie-elected
to Congress, but resigns, 216. Pro
posed for dictator, 2.'i.|, re. Kxpirntion
of his term of service as Governor,
630. I''li'cled to the Legislature, il>.
His relations with H. II. Leo, ¦ib.,
638, re. Opposes a revision of tho
Stftto Constitnlion, 667. His reso
lution in favor of a cocrci\e power
in Congres.", 5ii.|. Rc-cleetcd Oov-
onior, 689. Supports the bill for
punishing unlawful eutcrpiiscs, 608.
The advocate of tho risoln'.ion for
tho supiiort of religion, 6ti2, Letter
from Washington to, cited, 628, >i.
Letter fi-om Mr. Monroe lo, 11.122.
A Commiss oner to the Philadelphia
Cotn'ciition, 136. Madison's aeeount
of his views, 142. Declines tho np-
poinlment to the t'oiivcntioii, 238.
Ills unwillingU'Ss to take part in
tho Convention oxpluinod, 3!!!i. His
repugnanco to the Constitution, 532,
540, 541, 642. A leader of Iho oppo
sition to the (Constitution, 6'I4. His
speeches against Ihc Constitution,
563, 609. Uosiimcs the discussion,
587, 691. His motion on tbe .Missis
sippi question, 694. llis action in

INDEX.

615

the debate, 604, 605. His eloquence,
610. Change of his views in regard
to the Constitution, 616, re. His
opinions on the emission of paper
money, 638, re. His action against
the Constitution in the Legislature
of Virginia, 645. His resolutions in
favor of a second Couvention, 646.
Opposes Miidison's election to Con
gress, 661, 666, re.
Hertford, Marquis of, I. 81.
Higginson, Stephen, i. 430, 461.
Hillhouse, James, in. 203, re., 390,
486, re., 487, re., 563.
^^ Histoire des Traith de Paix" cited,
' I. 239, re. ; in. 349, re.
Holland, declares war against Great
Britain, i. 317.
Holland, .lames, in. 563.
Holmes, Judge, i. 526, re. ; in. 160, re.
Holroyd, John Baker, Lord Sheffield,
I. 501; III. 390.
Holston river, murders by Indians on
the, 1. 6.
Holten, Samuel, n. 67, re. Opposes a
general convention of the States,
178.
Hood, Admiral, i. 292.
Hopton, Sir Ralph, 1. 81.
Horrocks, Rev. James, President of
William and Mary College, i. 11.
Houdon, proposed inscription' on his
statue of AVashington, i. 572, re.
Houston, AVilliam, Georgia, a delegate
to the Federal Convention, n. 308.
Houston, William Churchill, New Jer-,
sey, a delegate to the Federal Con
vention, II. 299.
Howard, Gov., of Mar3'land, in. 535.
Howe, Maj. Gen., ordered to suppress
tho mutiny in Philadelphia, i. 488.
Submission of the mutineers, ib.
Howison's "History of Virginia"
cited, I. 65, re., 632, re.
Huguenots, emigration of, to Virginia,
1.79.
Hume, David, i. 16 ; n. 274.
Humphreys, Col. Davi-d, II. 126, re.;
HI. 176, n. Letter from Washington
to, cited, 230, 232, n. Attends
Washington to New York after his
election as President, in. 2.
Huntington, Benjamin, in. 84, 43, re.
Hutchinson, James, ni. 464, re.

Impeachment, the wanton removal of
meritorious officers, a cause for, in.
85.
Impost bill, amendments to the, in.
26, 27.
Independence disclaimed by Washing

ton and Jeff'erson in 1774 and 1775,
I. 109. Resolution favoring, adopted
by the Virgiuia Convention, May 15,
1776, 124. Motion by the Virginia
delegates in favor of, 125. Declara
tion of, 126 ; II. 281.
Independent Companies, assembling
of, in Virginia, i. 91.
Independent Company of Fredericks
burg, proceedings of, April, 1775, i.
90.
Indian outrages in the Colonies, i. 6.
Indiana Company, the, i. 207. Report;
eonfinning their claim, 452.
Indians, treatv with, nt Fort Schuyler,
I. 581. Defeat of Gen. St. Clair by
the. III. 226. Lord Dorchester's
speech to the, 418.
Ingersoll, Jared, a delegate to tho
Federal Convention, ii. 288. Notice
of, ib.
Innes, James, n. 46, 53, 640, 644, re.,
660, 561, 606.
Innis, Col., in. 636.
Internal improvements in Virginia, i.
563, 615, 617, 619, 622, 623, 624.
Izard, Ralph, i. 483, 606 ; in. 10, re.
J.
Jackson, David, in. 464, re.
Jackson, James, in. 33, 41, 165. His
speech on Mr. Hamilton's report, 77.
James-River, improvement of, i. 623,
624.
James River Company, shares vested
in Gen. AVashinston by the Legisla
ture of Virginia, 627. Disposition
of, by AVashington, 628, re.
3a,y, John, l. 236, 237,238, 246, 247, re.;
n. 109, 112, 124, 600, 624; ni. 151,
152, re., 269, re., 414. His letter to
the President of Congress cited, 261.
Vindicated by Madison, ib. Joined
to the commission tor negotiatiig a
peace, 821, 323, 345. His conduct,
in negotiations for peace, disapproved
by Congress, 353, 364. His opinion
of the policy of the French Govern
ment, 356, 362. Appointed Secretary
for foreign affairs, ii. 28. Commu
nication on the negotiations with
Spnin, 109. His proposition relativo
to the navigation of the Mississippi,
118, 119, 1-20. His negotiations with
Spain, 192. His report to Congress,
197. Letter from Washington to,
234. Commences the publication,
with Hamilton and Madison, of tho
" Federalist," 484. Authorehip of
the essays, 486. His negotiations
with Sp Tin on the Mississippi ques
tion, 594. Nominated as Chief-

616

INDEX.

Justice of the Supreme Court, in.
67. Nominated and confirmed as
special envoy to England, 412. Se
cret hist 'ry of his appointment. 421,
n. His negotiations with the British
Government, 490. Tone of his cor
respondence with Lord Grenville,
499. His course contrasted with
that of jidams. 501, re. Conclusion
of a treaty, 602 Outline of the
treaty, 604. Ratification of the
treity, 622. Comiiuinieations to
Mr. 'Monroe, 531, Effect of the
treaty iu France, 569.
Jefferson, Thom is, i. 52, re., 55, 100,
130, 134, 159, 173, 190, re., 215, 301,
re., 455, 466, 538, re., 544, 548, re ,
672, re., 626, re.; n. 35, 210, 260,
252, re., 279, 294, 296, 307, 416, re.,
435, 451, re.; in. 63, 133, re , 241, re.,
252, 260, 263, 300, 859, 661, 562.
His " Writings " cited, i. 55, re., 77,
re , 102, re., 126, re., 196, re., 275, re.,
303, re , 586, re. ; n. 21, re., 156, re.,
282, re , 498, re , 508, re., 557, re., 658,
re., 591, re.; in. 69, 77, re., 170, re.,
175, re., 176, re., 177, re., 184, re., 215,
re., 230, 280, re, 283, re., 299, re.,
318, 331, 488. His "Notes on Vir
ginia," I. 63, 85, re., 283. re., 284, re.;
n 80, 81, re.. 83, 115, 225, re , 436, re.
Assists in drafting the declaration
of Congress in 1775, 107 Disclaims
the design of independence, 109.
Resigns iiis seat in Congress, 170.
A member of the House of De'e-
gates of Virginia, ib. His first ac
quaintance with Madison, 171. His
estiinate of the character and ability
of Madison, 172. On the Committee
to revise the laws of N'irginia, 175.
Elected Governor of Virginia, 203.
Letter from Madison to, 219. Nar
rowly escapes capture by Tarlton,
281. Letter to Edward Carrington,
303, re. Joined to the commission
for negotiating a peace, 3Jl, 32.'J.
Of a coinmittee to sign and deliver
a deed of cession of the North-west
territory of Virginia, 465. His cor-
respontleiice with Madison, 530.
Letterfroni .Mad son to, on die .Alary-
land boundari' question, 549. Reply
of Mr Jefl'erson, 550. A reviser of
the laws of Virginia, 553. .Minister
to France, 578. Letters from .Madi
son to, ib., 694; 697, 609, 616, re.
Letters to Madison and AVasiiing-
toii cited, 615, re. Letter from
AVashington to, cited, ib. Kxtract
from a letter of, to' Mr. Madison,
asking of him a the logical cata
logue for the library of the Uni
versity of Virginia, 641. Reply of

Mr. Madison, ib. His two nephews
committed to the cure of Mr. Madi
son, II. 4. Urged for minister to
Spain, 23, 24. Appointed minister
to France. 28. In favor of granting
power to Congress to regulate com
merce, 33. His letter to .Madis'in
cited, 84, re. Letters from Madison
to, 56, 76, 83, 86. Letter to Mr.
Madison, and reflections, 92. Letters
from Madison to, 116, 154, 158. His
opinion of Mr. Henry's principles,
240, re His " Autobiography " cited,
416, re. On the essays of the "Fed
eralist," 498. His" letter to John
Adams cited, 508. Letter from Mad
ison to, on the character of the Vir
ginia Convention, 550. His opinions
on the Constitution, 653. Letter to
Madison, 654. To Mr. Donald, 556.
To Gen. Washington and Mr. Rut
ledge, 557. Hisopinon of Mr. Pen
dleton, 566, re Letter to Destutt
Tracy cited, 609, re. His opinion of
Madison as a parliatnentary debater,
612, re. On corruptiou iu govern-
ernment, 620. Favors the annexa
tion of a Bill of Rights to the Con
stitution, 639. Letter from .Madison
to, III. 23. Letter to U'asbington
cited, .43, re. Appointed Secretary
of Stilte, 68. Leaves Paris, ib. Is
visited by Madison at Monticello,
70. Accepts the appointment, 71.
His statement on the assinnption of
State debts, 113. Letter from Madi
son to, 119. Letter to Col. John
Taylor, 148, re. A Republican, 179.
His answer to Haininoiid cited, 181,
re. Excursiun, with .\ladison, to the
North, 190. CoiTespoii'lence with
Madison, 198. Visits .Mount Ver
non, 201. Opposition to, 223 Fa
vors the resumption of payments of
the debt to France, 280. On the re
jection of Giles's resolutions of cen
sure upon Hamil on. 299. Vote for
hiin in the second election for Vice-
President, 308. Letter to Mr. Pinck
ney, 310. His correspondence with
Mr. Hammond, 313. Letter to Dr.
Gilman on the intelli.geneo from
France, 319. Letter to .Madison,
Sia. On the President's proclama
tion, 326. His op nion un the rela
tions with F'rance, 329. Letter to
Madison, 331. J^eply of Madison,
332. To Madison, on the presenta
tion of M. Genet, 336. His corre
spondence with Genet, 346. Im
provements at Monti ello, 362. His
determiiiiition to resign, 363. His
letter to the President, 364. His re
signation postponed, 365. On the

INDEX.

617

question of convening Congress at
Philadelphia, 367. Report to Con
gress, 378. Resigns his office, 377.
His opinion of Randolph, 380, re.
Madison's tribute to, 396. Letter to
Madison ci'ed, 424, re. Letter from
Madison to, 476. Letter to Madison,
540. The candidate of the Repub
lican party fir the Presidency, 581.
Elected V ice-President, 582.
Jenifer, Daniel, of St. Thomas, I. 448;
II. 57, re. A delegate to the Federal
Convention, 302. His action in the
Convention, 3-i7.
Jenyns, Soame, r. 108, ,».
Johnson, .Mr, i. 591.
Johnson, Gov., of .Maryland, in. 379,
534.
Johnson, Samuel, LL.D., i. 108, re.
Johnson, Dr. William Samuel, a dele
gate to the Federal Convention, n.
295. Notice of, ib. His iieliou in
the Convention, 363, 376, 466. Sen
ator fi'om Connecticut, in. 10, re.
Johnson, Z ichariah, ii. 153, re.. 540.
Johnston, Gov. Gi-orge, Commissioner
to America, i. 199.
Johnston, lAIr., i. 7.
Jones family, of Virginia, i. 3.
Jones, Gabriel, ii. 540, 550, 562.
Jones, Joseph, i 103, re., 263. re., 270,
301, ra., 318. 367, re., 514, 537, 596,
597, 602, 613. Re-elected to Con
gress, 2t5, 216. Letters from Madi
son to, 227, 245, 261. Letter to
Madison announcing the rejection
of the revenue plan by Virginia,
435. Letters to Madison cited, 515,
re., 538, re.
Jones, ."^kelton, his " Continuation of
Burk's Histiry " cited, 1. 66, re.
Jones, Dr. Walter, n. 65, 640, 550,
662.
Jonson, Ben, his description of Bacon
as a public speaker, ii. 612.
Joseph II , Kmperor. claims the free
navigation of the Scheldt, 1. 239.
Jourdain, Gen . in 497.
Journals of Congress cited, i. 217,
218, re , 221, n., 224, re., 231, re., 232, re ,
234. re , 2 i6, re., 244, re., 248, re , 256, re.,
265, re., 27 1, re., 299, re., 310, re., 320, re.,
321, B , .331, re., 338, re., 345, re., 348, re ,
349, re , 380, re., 381, re., 386, re., 396, n.,
398, re , 408, re., 419, re.,'42U,re., 425, re.,
430, re , 438, re., 439, re., 448, re., 452, re.,
456, re., 459, re., 460, re., 46 1, re., 463, re,,
464, re., 467, re., 468, re., 469, re , 471,, re.,
476, «., 477, re., 480, re., 485, re., 489, re.,
492, re , 504, re., 505, re., 506, re., 507, re ;
II. 22, re , 105, re , 107, re , 109, re.,
110, re., 118,«., 121,re ,167, re., 170, re.,
171 , re., 186, re , 167, re., 197, re., 199, re.,
202, re., 204, re.

Joumal of the House of Delegates
cited, 1. 173, 178, 182, 183, 195, 201, re.,
203, re., 205, n , 255. re , 269, re., 270, re.,
289, re., 303, re , 340, re., 342, re , 452, re.,
651, re,, 558, re., 559, re , 561, re., 662, re.,
664, re., 565, re., 566, re., 569, re , 591, re ,
593, re , 596, re., 597, n , 600, re., 601, re ,
606, re., 607, n , 609, re., 623, re., 624, re.,
627, re ; n. 45, «.. 65, re , 73, re.,
141, re., 145, re., 148, re., 160, re., 153, re.,
158, 636, re., 538, re., 539, n.
Joiiruiil of House of Delegates and
Senate of Maryland cited, n. 58, re.
Journal of the ' Virginia Convention
cited. 1. 258, re.
Judiciary bill, in. 46.
Judiciary power, question of, Ii. 261.
In Virginia, 264.
Junius, letters of, i. 16.

K.
Kaimes, Lord, i. 16; n. 274.
Kaskaskias, Fort, capture of, i. 194.
Kaycwla, name by whieh Lafayette
was known among the Oneidas, I.
582.
Kean, John, ll. 105, re.
Kennedy's " Life of Wirt " cited, ii.
241, re., 246, re.
Kennon, Mr., in. 160, re.
Kent, Chancellor James, his opinion of
the essays iu the " Federalist," ii.
498. His " Commentaries on Amer
ican Law " cited, 499, re., 500, re.
Kentucky, separation of, from A'irginia,
II. 72.
Keppel, Lord, in the Cabinet, i. 336.
King, Rufus, n. 67, re., 105, re,, 194, 199;
HI. 421, re., 452, re., 534. Of the
Committee on the negotiations with
Spain, II. 110, 111, 112. Opposes a
general Convention of the States,
178. Changes his opinion, 179.
Letter to Elbridge Gerry cited, ib.,
re. A delegate to the Federal Con
vention, 293. Notice of, ib. His
action iu the Convention, 320, 352,
365, 382, 383, 388, 394, 399, re., 402,
422, 447, 459, 466. His portrait of
the Massachusetts Convention for
ratifying the Federal Constitution,
621. Letter to Mr. Madison, 5-22.
llis action in the Convention, 526.
King's Mountain, battle of, i. 226.
Knox, Gen. Henry, n. 126, re. ; iii. 252.
His Report ou the Insurrection in
Massachusetts, n. 168. His letter
to Washington cited, 175. Coramu
nications to Gen. Washington cited,
179, re., 188, re., 232. Letter from
Washington to, cited, 527, re. See-

618

INDEX.

retary of War, 66, 67. A Federalist,
179. Succeeded by Timothy Pick
ering as Secretary of Wiir, 489.
Knyphausen, Gen., at New York, 1.222.
Kortivright, Miss, ii. 107, re.
L.
Lafayette, Gilbert Motier de, his ac
count of the battle of Monmouth, i.
197, re. "Memoires de" cited, ib.,
376, re , 683, re ; lit. 43, re. Returns
from France to America, 223. Sent
to the relief of Viririnia, 280. Re
treats to the Rapidan, 281. His
engagement with Cornwallis, at
Jamestown, 288. His position at
Malvern Hill, 289. At Williams
burg, ib. His masterl.v conduct of
the campaign, ib , re. 'Thanks of the
General Assembly of Virginia voted
to, ib. Washington's opinion of,
293, re., 294, re. Sentiment expressed
by, at the close of the war, 376.
Letter from Madison to, 525. His
tour to the Sliddle and Eastern
States, 680. At Fort Schuyler, 682.
Proceeds to Boston, 683. Writes to
the Count de Vergennes, on the free
navigation of the Mississippi, 684.
Impressions ofhis chnracter, as. re
ceived by Aladison, 585. Letter to
William C Rives cited, 586, re. His
visit, with AVashington, to the Legis
lature of Virginia, 612. His reply
to the Address of the Committee of
Reception, 614. His visit to the
United States in 1824, 642. Letter
from AVashington to, in. 817, re.
Land Companies, claims of, in the
North-west territory, i. 447, 452.
" Landed Aristocracy " of Virginia, i.
7L
Lands, liberal cessions of public, recora
mended, 1. 428, 4-24.
Langdon, John, i. 514; ii. 291. A
Delegate to the Federal Convention,
11. 290. Notice of, ib. His action in
the Convention, 447.
Lansing, John, a Delegate to the Fed
eral Convention, ii. 298. Notice of,
ih. His aciion in the Convention,
344, 346, 360, 361, 362, 370, 377.
His opposition to the Constitution,
396, re., 624.
Laurens, Henr^', a prisoner in the
Tower of London, i. 233. Joined to
the Commission for negotiating a
peaoe, 321, 323, 345, re.
Laurens, Col. John, commissioned to
France, i. 234. His representations
to the French Court, 290. Letter
from, cited, 354, 361, 362.

Lawrance, John, in. 26, 33, 53, 134,
164, 210, 272, 286. Reply of Mr.
Madison to, in. 24, 58, His reso
lution on the basis of representation,
203. Adopted, 204.
Lnwson, Mr , n. 650.
Lear, Tobias, in. 176, re.
Lee, Charles, appointed Attorney Gen
er.al, III. 537.
Lee, Major-General Charles, his letter
to General Washington cited, i. 127.
Letter to Patrick Henry cited, ib., re.
Lee, of Fairfax, in. 150, re.
Lee, Dr. Arthur, i. 312, 363, 367, re., 408,
424, re., 442, re., 456, 514, 617, 548,
re., 582; II. 240, re. Accredited to
Madrid, i. 206. Life of, cited, 247,
re. Appointed, with Franklin and
Deane, a Commissioner to negotiate
treaties with the European Powers,
340. His differences with his col
leagues, return and election to Con
gress, 341. His letter to Mann Page,
ib. Report on, 342. Opposed to
the revenue system, 419. A Com
missioner to form a treaty with the
Indians, at Fort Schuyler, 582. His
opposition to Congress, n. 239.
Lee family of Virginia, I. 8, 50, 52, ¦it.,
72, 80.
Lee, Francis Lightfoot, n. 661.
Lee, Henry, i. 28 ; n. 46, 63, 73. His
letter to Washington cited, 112, re.
Lee, Henry, Jr., ii. 660, 561, 569; in.
150, re. His letters to Mr. Madison,
143, 144, 145, re. Notice of, 143, re.
His interest in " Freneau's Gazette,"
194. Letters from Madison to, 284.
Commander of the f TCes raised to
suppress the insurrection in Penn-
sj'lviinia, 455.
Lee, Richard Bland, ii. 46; in. 83,
116, re., 640.
Lee, Richard Henry, i. 118, 148, 270,
348, 435, 617, 669; II. 24, 25, 42, 136,
240, re., 249, 481, 634, 551, 608, re.,
626; HI. 10, re., 12, 418. Drafts the
Address to the Inhabitants of the Col
onies, Oet. 1774, 1. 66. In the Con
vention of 1776, 122, 165. His
motion in Congress preceding the
Declaration of Independence, 129.
Retires from Congress, 216. His
letter to the Virginia delegates in
Congress, 285. Proposes to give
Washington dictatorial power, 286.
Expiration of his term of service in
Congress, 536. Elected to the Legis
lature, ib. Relations with Mr. Henry,
ib., 538, re. Favors a revision of
the Constitution of Virginia, 656.
Favors the resolution for the support
of religion, 602. 0|iposed to grant
ing power over trade to Congress,

INDEX,

619

II. 31. Letter to Mr. Madison, ib.
His opposition to Congress, 239.
Appointed a delegate to the Phila
delphia Convention, but declines,
252. Opposes the Constitution in
Congress, 478, 479. His letter in op
position to the Constitution noticed,
531, 543. Succeeded in the Senate
by John Taylor, nr. 371, re.
Lee, Thomas LudweU, 1. 103, re. In the
Convention of 1776, 122, 165. On
the Committee to frame a State Con
stitution, 133. On the Coinmittee
to revise the Laws of Virginia, 175.
Legari5, Hon. Hugh S., his works,
cited, I. 167, re.
Leib, Michael, in. 464, re.
Letourneur, M., in. 671, re.
Lewis, dipt. Andrew, i. 6.
Lewis, Morgan, i. 23.
Lewis, Thomas, n. 650, 562.
Lewis, William, iii. 169, re.
Lexington, Battle of, i. 89.
L'Hoinmedieu, Ezra, I. 442, re.
Liberty, a flgure of, to be impressed on
the coins ofthe United States, in. 220.
Lincoln, Maj. Gen. Benjarain, com
mands the troops raised for the sup-
Sression of Shays's rebellion, ii. 172.
lefeats Shays at Petersbara, ib. A
niember of the Convention for rati
fying the Federal Constitution, 525,
Letter from Washington to, cited,
527, re.
"Literary Museum," of the Univer
sity of Virginia cited, I 151, re.
Livermore, Samuel, i. 448; in. 34, 51,
272. On the assumption of State
debts, 95.
Livingston, Brockholst, i. 23.
Livingston, Edward, elected to Con
gress, III. 639. His call for Jay's
mstructions and correspondence, 649,
650, 663.
Livingston, Philip, n. 296.
Living.ston, Robert R, I. 356, 514; n.
24, 26, 27, 624, 625, re. ; III. 66, 379.
Franklin's letter to, cited, I. 360.
His letter to the Commissioners, 872.
Letter from the Commissioners to,
602. Resigns the oflice of Secretary
for Ibreign affairs, ii. 28, re. Letter
from Madison to, on Jay's treaty,
in. 610. His letter to Madison cited,
611, re.
Livingston, Gov. AA'illiam, a delegate
to tlie Federal Convention, ii. 299.
Notice of, ib. His action iu the Con
vention, 374.
Lloyd's " Register of Debates," cited,
in. 10, re., 17, re., 18, re., 26, re., 84, re.,
35, re., 38, re., 48, re., 77, re., 86, re., 86,
n., 100, re., 102, re., 108, re., 116, re.,
127, re., 130, re., 136, re., 272, re.

Loan, authorized to be negotiated, iii.
287.
Locke, John, n. 499, 617.
Logan, Dr., in. 369, 360.
Logan, a Shawanese chief, his speech
to Lord Dunraore, cited by .Madison,
1. 63.
London Company, i. 453, re.
Long Island, Battle of, i. 169.
Long Parliament, constitutional free
dom vindicated in the, i. 82.
Louis XVI., compassion at the fate of,
in the United States, m. 320.
Louis Napoleon, his views of Democ
racy in France, i. 157; II. 191. His
works cited, I. 157, 158, re. His de
cree establishing universal suffrage,
II. 430, re.
Lowell, John, LLD., his "Discourse
on the Lite and Services of James
Bowdoin " cited, n. 174, re.
Lowndes, Rawlins, his remarks before
the Legislature of South Carolina
cited, n. 629, re.
Luzerne, Chevalier de la, i. 823, 326,
865, 356.
Lyman, Williara, ill, 399. His motion
on iMadison's resolutions adopted,
400.
Lyons, Judge, ii. 154, re.
M.
Mably, Gabriel Bonnet, AbbiS de, ii.
276.
Macaulay's Histor;- of England cited,
I. 81. re., 82. re.; in. 178, re., 264.
Machiavel, Nicholas, n. 499.
Macon, Mr., ni. 203, re.
Madison, Ambrose, grandfather of tho
President, i 4, 8.
Madison, Ambrose, Jr., i. 9. Joins the
army, 121.
Madison, family of, in Virginia, i. 50.
iMadison, F'rancis, i. 9.
Madison, Col. George, i. 7.
Madison, Capt Isaac, a colonist in
Virginia, 1023, i. 5.
Madison, Col. James, Sen., i. 3, 8, 9.
County lieutenant, 4. Letter of the
Committee of Orange County, to
Patrick Henry, dratted by, 95. De
sires to resign his oifice of County
lieutenant, l9l.
Madison, Rt. Rev. James, President of
Will am and Mary College, and
Bishop of Virginia, i. 7. Letters to
James Madison, n. 38, 81, 507, re.
Madison, Jaraes, President of the
United States, his birth, i. 3. Hia
education, 9. Under the instruction
of Donald Hobertson and the Rev.
Thoraas .Martin, 10. Enters Prince-

620

INDEX.

ton College, 11. Letter to Mr. Mar
tin, 12. Letter to his father, 18.
Graduates in 1771, 20. His relations
with Dr. Witherspoon, 25. His
style, ib., re. Extiact of a letter
from, 26. Leaves Princeton, 27.
Letter to AVilliam Uradford, Jr., 29.
His religious sentiments, 33. Ex
tract from a letter to Bradford, 43.
The champion of religious freedom,
ib. Letter to Bradtord, 52. His
efforts for freedom, 55. Letter to
Bradford, 58. His opposition to the
Boston Port Bill, 69. Writes to
Bradford, 62. Cites the speech of
Logan to I.ord Dunmore, 63. A
member of the County Comraittee,
78. His testimony to the character
of the volunteers, 76. His letter re
lating to Gen. Ihoraas Nelson, 76,
re. Signs the letter from the Com
mittee of Orange County to Patrick
Henry, 95. Extract from a letter of,
to Jared Sparks, 111. His testi
mony as to the design of Independ
ence, ib. Desires to join the army,
120. In the Convention of 1776,
122. Extract from a letter of, to
Jefferson, 129. Added to the Com
mittee to fraine a Constitution for
the State, 138. Amendment to the
declaration of rights proposed by,
141. His copy of the first draught of
the Constitution, 149. His recollec
tions concerning the first draught of
the plan of g vernment, 169. lix-
tract from a letter relating to the la
bors of Colonel George Mason in the
Convention, 160. His recollections
on the subject, 161. Letter to Gen.
AVashington cited, 168, re. His first
acquaintance with Jefferson, 171.
His connection with the digest of
the laws, 176. Fails of re-election
to the lionse of Delegates, 180.
Chosen to the Council of State, 162.
Extract from a letter of Rev. Sam
uel Stanhope Smith to, 185. His re
lations "ith Covernov Henry, 188.
Letter to bis father, 192. Elected to
Congress in December, 1779, 208.
Takes his seat, 211, 216. Letter to
Mr. .left'ei'son 219. Letter to Joseph
Jones. 227. His views on the emis
sion of paper monej', 229. Letter to
Mr. Pendleton, 230. Of the com
mittee on the negotiations with
Spain, 237. His report, 241. His
reputation in Congress, 243. His
explanation iu Niles' Register, of the
change of instructions to tlie Vir
ginia delegates, 249. Letter to Mr.
Pendleton cited, 250. Vindicates
Mr. Jay, 251. Another letter to Mr.

Pendleton, 252. Letter to Mr. Jones
cited, 261. On a committee to an
nounce the ratification of tbe Articles
of Confederation, 265. On a com
mittee to confer with Mr. Harrison
respecting the defence of the South,
271. Extract from letters to Judge
Pendleton, 289, re., 291. His account
of the passage of the allied army
through Philadelphia, 291. Letter
to Edmund Randolph, after the sur
render of Cornwallis, 298. Extract
from a letter written during the
siege of Yorktown, ib. Anonymous
letter printed ainong his papers, 301,
re. His views on the powers of Con
gress, 303. Opposes the repeal of
the Impost Act by Virginia, 311.
His account of the adojttion of the
instructions for peace in Congress,
322. Letter to Mr. Randolph, 329.
His motion revoking the commission
of Mr. Adams, 348. Extract from
his diary relating to the reception of
the treaty of peace by Congress,
852. Letter to Edmund Randolph
cited, 362. His reraarks in Congress
on the proceedings of the commis
sioners for peace, 366. Report by,
on the ratification of the provisional
articles, 380. A member of the com
mittee on the memm-ial of the army,
387. Remarks in his diary on tlie •
conduct of AVashington at the
meeting of officers, March 15, 1783,
397. On the conditional resignation
of Robert Morris, 407. His view of
the proposed revenue system, 410.
Delicacy of his position, 414. Letter
to Edmund Randolph cited, i6.
Supports the ri'venue systein, ib.
His views of repre-<entative duty,
417. Of a select coinmittee on the
subject of revenue, 420. His project,
421. His proposal that slaves should
be rated as five to three in apportion
ment, 424, re. Address to the States
drafted by, 425. His feelings on the
rejection of the plan by Virginia,
436. Letter to Kdmumi Kandolph,
cited, 437. Defended against a post-
humous attack by .lohn C. Hamilton,
437-443, re. Letter to Judge Pen
dleton on the spirit of Congress
toward Virginia, 449. His detence
of her title, 455. His "observa
tions" on the que-tion, 457. His
letter to Randolph cited, 458. On
the committee to consider Dr. With
erspoon's proposition, 460. An
nounces the acceptance by Congress
of the cession of Virginia territory,
464. On the Vermont question, 470,
472, 473, re. Letter to Judge Pendle-

INDEX.

621

ton, 474. His account of the mutiny
in Philadelphia, 482. Letter to
Judge Pendleton on the future seat
of government, 490. His views on
the colonial trade, 601, re. Letter
to Edmund Randolph cited, ib. Op
poses the disbanding of the army,
504. Of a committee on the treaty
stipulations, 206. Close of his ser
vice in Congress, 610. Returns to
Virginia, 611, 624. Review ofhis
career, 612. Repeated re-elections to
Congress, 514. His pecuniary sacri
fices, 518. Letter to his father, 519.
His financial straits, 521. His
friendship for Jefferson, 522. His
attachment to Miss Floyd, ii. His
humorous vein, 623. Enters upon the
studj' of the law, 524. Letter to
Lafayette, 526. To Mr. Randolph,
lb. Accuracy of his legal knowl
edge, 526. On the surrender of
fugitives from justice, 627. Letter
to Mr. Randolph, 528. Correspond
ence with Mr Jefferson, 530. Com
missions for the purchase of books,
533. Re-elected to the State Legis
lature, 635. His motives for return
ing to the House of Delegates, 540,
On the commercial condition ol^ Vir
ginia, 642. Letters to Jefferson cited,
544, 546. A commissioner on the
Marj'land boundary question, 551.
Revision of the laws of Virginia,
554. Revision of the State Consti
tution, 656. Letters to Mr. Jefl'er
son, 656. Resolutions for a Conven
tion supported by, 557, 668. Notes
of his speech, 559, re. His amend
ment relating to infractions of the
treaty by Great Britain, 668, 669, re.
Member of a Committee to draw up
an address to Washington, 571. In
scription on Houdon's statue of
AVashington written by, 672. His
efforts in behalf of Paine, 574. Let^
ter to Jefferson on the free naviga
tion of tbe Mississippi, 578, 588.
Accompanies Lafayette on a tour,
581. Letters to Mr. Jefferson, ib.,
586. His impressions of the charac
ter of Lafayette, 585. On the es
tablishment" of Circuit Courts, 589.
On the act punishing unlawful en
terprises, 592. Letter to Mr. Jeffer
son, 694. Opposes the resolution for
the support of religion, 602. Out
line of his speech in opposition to
the measure, 603. Letters to Mr.
Monroe cited, 606. Letter to Mr.
Jefferson, 609. On the Committee
of Reception at the visit of Wash
ington and Lafayette, 613. His let
ter to Jeff'erson on the improvement

of the navigation of the Potomac,
617. Letter from AVashington to,
620. Measures for internal improve
ments proposed by, 623. Motion for
the survey of the James and other
rivers, 624. His tribute to Wash
ington, 625. "Memorial and Re
monstrance" against the assessment
bill, prepared by, 631, 634. His zeal
for religious freedom, 633. His the
ologieal catalogue for the librnry of
the University of Virginia, 641. Let
ter to Mr. Jefferson, ib. His taste
for natural history, ii. 2. Letter to
Jefferson, 3. Degree of Doctor of
Laws conferred upon, by the College
of William and Mary, 6. Letter
from Mr. Wythe to, 6. Reply of
Mr. Madison, ib. Letter to Mr.
Monroe, 13. Correspondence with
Mr. Monroe, 19. Letter to Jefferson
cited, 21, re. Letter to Monroe, 26.
Letter of Monroe to, 27. His reply,
28. In favor of granting power to
Congress to regulate commerce, 34,
41. Invited to visit Europe, 36. Let
ter from Jefferson to, 37. His reply,
ib. Declines a foreign mission, 38.
Excursion during recess, 89. Letter
to Jeflferson, 40. Letter to Richard
Henry Lee on eommercial regula
tion, 47, re. His speech on the same
.subject, 48. Letter to Gen. Wash
ington, 62. On the Special Com
mittee to report instructions, 53.
Letter to Mr. .lefferson, 66. A Com
missioner on the jurisdiction over
the Potomac river, 57. His policy,
59. Letter to Gen. AVashington, 61.
Letter to Mr. Monroe, 65. Impor
tance of his plan for a Convention,
67. Letter to Jefferson cited, 68.
Letter to Richard Henry Lee, on
the erection of Kentucky into a
State, 72. Of the committee on the
memorial of the Kentucky Conven
tion, 73. Letter to Mr. Monroe, 74.
Report on the revision of the laws,
75. Letters to Mr. Jeff'erson, 76, 79.
His taste for natural history, 80,
82, 83, 86. Letter from Rev. Dr.
Madison to, 81. Letters to ^Ir. Jeffer
son, 83, 86. Philosophical specula
tions, 89. His address before the
Agricultural Society of Albemarle
noticed, 91. Letter from Mr. Jeffer
son to, 92. His opinion of the writ
ings of Malthus, 94. Letter to
Richard Rush cited, ib., re. The
proposed commercial Convention,
98. Letter to Mr. Jefferson, 99.
Correspondence with Mr. Monroe,
100, 101. Answer to objections, ib.
Practical statesmanship, 103. Letter

622

INDEX.

to Richard Henry Lee, cited, ib., re.
On the refusal of New Jersey to
comply with a requisition of Con-
gress,"l08. Letter-from Mr. Monroe
to, 110. Letter to Mr. Monroe, 113.
Journey to the North, 116. Improve
ments on the Potomac, ib. Letters
to Jefferson. 116, 118. To Monroe,
on the Convention at Annapolis,
127. Returns to A''irginia, 131. In
the Legislature, 182. Committee on
the bill appointing commissioners to
the Philadelphia Convention, ib.
His preamble to the act, 133. Letter
to Gen. Wa-hington, 136. A com
missioner to the Philadelphia Con
vention, 136. His letters to Wash
ington and Jefferson cited, 137, re.,
138. Letter to Washington, on the
Mississippi question, 142. Letter to
Washington, on the bill for the pay
ment of taxes on tobacco, 147. On
the instalment clause, 149. Letter
to AA'ashington, 160. Of the com
mittee on the repeal of the act incor
porating the Protestant Episcopal
Church, 158, re. Letter to Mr. Jef^
ferson, 154. Revision of the laws,
155. Letter to Mr. Jefferson, 168,
169, re. Value of his labors, 160.
Tribute from Mr. Pendleton, 161.
Replies to the remonstrance of the
Legislature of Massachu.setts, 166, re.
His notice of the insurrection in Mas
sachusetts, 171, 175. Extract from
his diary, 182. His account of the
state of parties, 187. Letter to
Judge Pendleton, 189. To Gen.
Washington, 190. AVashington's
rep'y, 191. Mr. Jay's negotiations
with Spain, 192. Letter to Ran
dolph, 193. His resolution against
the closure of the Mississippi, 200.
Letter to Randolph, 206. His stud
ies preparatory to the Convention,
209. His political memoranda, 210.
His " A'ices of the Political System
of the United States," 212, Letters
to AVashington, 227, 228. Reply of
Washington, 228. Letter to Gov.
Randolph, 232. Letters from Wash
ington to, 236, 237. His opinion of
Mr Henry's services, 239 Corre
spondence of Jefferson with, on the
same subject, 240, re. His opinions
respecting reforms in the Federal
system, 254. Letter to Gen. Wash-
ton, 265. Negative on State laws,
letters to W^illiam C. Rives, and John
Tyler, cited, 259, 260. His views on
the judiciaiy question, 262, 271.
Attends the Federal Convention,
272. His testimony to the high char
acter of the Convention, 308. His |

record of the debates in the Conven
tion, 309. Letter to John Tyler
cited, 314, re. His proposition to the
Convention, 818, 320, 321. His ac
tion in the Convention, 324, 326,
328, 329, 331, 333, 834, 385, 336,337.
338, 339, 342, 343, re., 346, 854, 365,
356, 357, 363, 364, 366, 887, 371, 882,
386, 387, 392, 399, re., 401, 406, 410,
re., 414, 415, 416, re., 417, re., 420, 423,
432, 433, 437, 438, 439, 443, 445, 45.')
459, 463, 464, 466, 469, 471. His
speeches on the question of represen
tation, 871, 376, 378, 892, 402. Let
ters to Mr. Trist, Mr. Tvler, and
William C. Rives, cited, 40'9, re. On
the election ofthe Chief Magistrate,
418. On universal suffrage, 429, 430.
Returns to Congress, 478. Writes
to AVashington, ib. Defends the
Constitution in Congress, 478, 479.
The essays ofthe " Federalist," 484.
Letter to Mr. Paulding cited, 484, re.
Letter to Mr. Jeff'erson, 485. Au
thorship of the essays, 486. His
contributions, 488. His style com
pared with Hamilton's, 489, re. His
defence of the Constitution, 492.
Value of his essays, 499. His inter
est for the Constitution, 502. Letter
from Hamilton to, cited, 603, re. Let
ter from JIadison to Jefferson, 504.
The degree of Doctor of Laws con
ferred upon, by Princeton College,
517. Correspondence of President
Witherspoon, ib,, re. His letter to
Judge Pendleton inclosing a copy of
the Constitution, 532. Letter frora
AVashington to, on the feeling tow
ards the Constitution in the Virginia
assembly, 535. Letter to Mr. Jeffer
son, 639. Letter from Washington
to cited, 647. Offers himself as a
candidate for the Virginia Conven
tion, ib. Elected to the Convention,
549. Correspondence with Jefferson,
660, 554. In the Virginia Conven
tion, 561, 565. His answer to Mr.
Hemy, 576. Letter to Jonathan El
liot cited, 686, re. Replies to the ar
gument of Mr. Monroe, 589. Brief
of his speech, ib., re. Review of his
argument, 690. His reply to Mr.
Grayson, 598. On the Mississippi
question, 595. Letter fo Gen. AA'ash
ington, 599. His labors in the de
bate, 601. Letter to Gen. Washing
ton, 602. Replies to Mr. Henry in
debate, 605. Of a Committee to
prepare a form of ratification, 606.
Letters to AVashington, Hamilton,
Mason, and Edward Everett cited
608, re., 609, re. His power in de^
bate, 610. Resumes hts seat in Con-

INDEX.

623

gress, 621. Letter from Hamilton
to, cited, 626. Letter to Col. Hara-
ilion opposing a conditional ratiflca
tion of the Constitution, 627. Let
ters to Washington on the same
subjeet, 629. Letters to Washing
ton on the proposed seat of govern
ment, 635. 636. Letter to Jefferson
on the Federal Constitution, 638. On
amendments to the Constitution, 643.
Letter to George Lee Turberville
cited, 645, re. A candidate for the
Senate of the United States, 648.
Letters from Col. Carrington to, 649,
652, re., 654. Opposition' to his re
turn to the House of Representatives,
653. His discussion with Mr. Mon
roe, 656, re. His election to the
House, 657. The answer of the
House of Representatives to Presi
dent VA'ashington's inaugural speech
written by, iii. 7. Washington's
speech said to have been written by,
io., re Letter to Mr. Jefferson on the
title proposed for the President of
the United States, 11. A leader in
the House of Representatives, 13.
Resolution on a revenue systein, ib.
Reply to Mr. Ames, 19. "Letter to
Jeff'erson cited, 23. His reply to
Mr. Lawmnce, 24. Extracts from
his speeches on comraercal inde
pendence, ib. On the power of re
moval, 33, 36. Proposes amend
ments to the Constitution, 38. The
amendments adopted, 41. Letter to
Edmund Randolph, 44. Letter to
Gen. Davie, 45. Letters to Judge
Pendlet9n on the Judiciary bill, 46,
48. Opposes Mr. Goodhue's resolu
tions ona permanent seat of govern-
ment, 62. Replies to Mr. Lawrance,
53, 54. Letter to Judge Pendleton,
56. To AVashington, 59. His ex
traordinary labors in Congress, 62.
Confidence of AVashington in, 63.
Letter from Washington, 64. Letter
to Jeffer-on, 66. Visits Mr. Jefferson
at Monticello, 70. Letter to Jlr.
Jefferson on Col. Hamilton's report,
76. Letter to Hamilton cited, ib,, re.
Speech on the public debt, 78. Op
position to his views, 82. His prop
osition rejected, 87. Letter to Dr.
Rush, ib. Letter to J. R. Paulding
cited, 88, re. His principle^ after
wards sustained by Congress, 89.
Reply to JMr. Stone on the assump
tion of State debts, 97. Letter to
Edmund Randolph, 100, re. Letter
to Mr. Monroe on the rejection of
the proposition, 102, re. Opposes
Mr. Sherman's provision, 108. His
letter to Mr. Monroe cited, 109. De

nounced by the advocates of assump
tion, 118. His letter to Mr. Jeff'er
son on the power of a Legislature to
bind posterity, 119, re. His provis
ion included in the census bill, 124.
On the naturalization bill, 127. On
abolition petitions, 130, 131. Letter
to Edmund Randolph cited, 131, re.
On discriminating duties, 133, 134.
On the principle of reciprocity, 137.
Announces the death of Fr.'inklin,
138. Resolution offered by him, 138.
His own accountof his acquaintance
with Franklin, ib , re. Letters from
Henry Lee to, 143, 144. Reply of
Madison, 145. Supports the e.xci-e
bill, 156. Letter to Judge Pendle
ton, 157, re. His speeches on the
bank bill, 161, 165. Letter to Pen
dleton, 167. His testimony relating
to Washington's hesitation in sign
ing the bill, 170. Letter from Wash
ington to, cited, 176, re. Rule of
reciprocity introduced by him, 186.
Excursion with Jefferson to the
North, 190. His connection with
" Freneau's Gazette," 194. Charges
against him .by Col. Hamilton, ib.
His letter to Randolph in vindication
of himself, 196, re. Correspondence
with Jefferson, 199. Visit to Wash
ington, 202. His speech on the ap
portionment bill, 210. Letters to
Pendleton, 218, 215. To Col. Lee,
216j 221. To Pendleton on the bill,
designating the succession to the
Presidenc}', 225. Opposes a legisla
tive reference, 227. Opposes Col.
Hamilton's report, 233. Letter to
Pendleton, ib. 244. On the funding
system, ib. Hamilton's accusations
of, 246. Madison vindicated, 247.
His articles for the " National Ga
zette," 260. Consulted by AVash
ington, 251. Draught of a valedic
tory address prepared by Madison,
268. Conclusion of his letter to
Washington, 259. Address in reply
to the President's speech, 267. Let
ter to Judge Pendleton, 269. On
the attendance of the cabinet before
Congress, 272. On the true func
tions of the Treasury department.
273. On the payment of the United
States Bank loan, 282. On Mr.
Giles's resolutions of censure, 286,
291. Letter to Pendleton, 286, re.,
310. On the election of Vice-Presi
dent, 310. Letter to Pendleton on
the French Revolution, 319. Letter
frora Jefferson to, 331. Reply of
Madison, 332. Letter to Jefl'e'rson,
334, 352. On the articles of " Pa
cificus," 852. Replyof" Helvidius,"

624

INDEX.

353. Agricultural pursuits, 367. Let
ters to Jefferson, 360. 363. On the
question of convening Congress at
Philadelphia, 369. Prepares the ad
dress to the President, 372. Pro
poses resolutions for the protection
of commerce, 383. Speech in sup
port of the resolutions, 886. Reply
to his opponents, 394, 395. His
tribute to Jeff'e son, 396. Letters to
Jefferson, 400, 408. Amendment to
Mr. Clark's resolution, 413. Letter
to Mr. Jefl'erson cited, on the special
mission to England, 422, re. His de
fence of his political course, 426.
Opposes a iiavnl armament against
Algiers, 434. Accused of partiality
to France, 437. Statement on the
neutrality question, 439. On finan
cial questions, 441. His reply to
sectional taunts in debate, 444. His
niarriage, 462. Letter to Mr. Mon
roe, 463, re. Chairman of the Com
mittee on the address of the House,
466. Letter to Monroe, 472. Ou
the insurrection in Pennsylvania, ib.
Letter to Jefferson, 476. To Mr.
Monroe, cited, ib., re. On the mili
tary establishment, 478. On the
term for naturalization, 479. Inter
view with Jlr. Dexter, 481. Letter
to Jefferson on Mr. Jay's memorial,
500. Letter to Chancellor Living
ston on Jay's treaty, 610. Letter
from Jefferson to, 540. On the Com
mittee to prepare an address to the
President, 642. Letter to Mr. Mon
roe, 648. His amendraent to Mr.
Livingston's call for instructions,
&c., 649. Debate on the resolution,
553. On iMr. Blount's resolutions,
566. On the British treaty, 660.
Letters to Jefferson, 681, 686. On
the Committee to prepare an ad
dress to the President, 589. His at
tachment to AVashington, 698.
Madison Debates and Correspondence
cited, I. 247, re., 261, re., 302, re., 332, re.,
862, re., 871, re., 878, re., 379, re., 880, re.,
387, re., 390, re.. 391, re , 397, re., 398, re.,
408, re., 412, re., 419, re., 420, re., 421, re.,
424, re., 425, re., 431, re., 432, re., 438, re.,
439, re., 449, re , 455, re., 468, re., 469, re.,
461, re., 465, re., 469, re., 470, re., 473, re.,
480, re., 482, re., 484, re., 491, re., 602, re.,
604, re., 605, re., 515, re., 542, re. ; ii. 28,
re., 60, re., 107, re., 178, re., 192, re., 193,
re., 200, re., 205, re., 232, re., 244, re.,
247, re., 248, re., 256, re., 261, re., 262, re.,
809, re., 314, re., 328, re., 325, re., 326, re.,
327, re., 335, re., 348, re., 861, re., 376,
re., 381, re., 382, re., 394, re., 399, re.,
409, re., 414, re., 417, re., 419, re., 441, I
re., 469, re., 481, re.; ill. 162, re. |

Madison, John, 1653, i. 4.
Mild son, Julm, great-grandfather of
President Madi-on, i 4.
Madison, John, 1753, i. 5. Extract
from his letter to James JIadison, 6.
Father of Bishop , lames Madison of
Virginia, 7.
Madison, \'i'illiam, i. 9.
Malthus, Thomas R., Madison's opin
ion of his writings, n. 94, re.
Alanchester, Duke of, i, 116.
Mangourit, M., appointed Chargi
d'Affaires to the United States, ill.
675.
Mansfield, Lord, i. 15; n. 279, re.
Marbois, Francois Barb^ de, i. 356,
857, 360. His " Histoire de la Louis
iane " cited, 374, re.
Marion, Gen., i. 220.
Marmotte, The, ii. 88, 84.
Marshall, Humphrey, ii. 562. His
"History of Kentucky " cited, 76, re.
Marshall, John, Chief Justice, ii. 292,
639, 540, 660, 561, 603. Elected to the
Council of State in Virginia, i. 182.
His "Life of Washington" cited,
197, ?.., 265, re., 809, 310, 6 15, re.; ii.
76, re , 232, re. ; m. 87, 169, re., 260,
re., 279, re., 289, re., 342, re., 349, re.,
418, re., 429, re., 431, re., 437. A
member of the House of Delegates
of Virginia, 537. F'avors the reso
lution tor the support of religion,
602. In the Virginia Convention,
II. 588. His opinion of Madison's
eloquence, 612, re. His " Political
Observations," in. 428, 429, re., 436,
re., 442, re., 444, re. The place of At
torney-General offered to, by AVash
ington, 534.
Martin, Alexander, a delegate to the
F'ederal Convention, ii. 308. Notice
of, ib,
Martin, Luther, a delegate to the Fed
eral Convention, il. 302. Notice of,
ib. His action in the Convention,
843, 362, 371, 382, 384, 400, 412, 445,
446. His attack upon the Constitu
tion, 627. His " Genuine Informa
tion laid before the Legislature of
Maryland," ib.
Martin, Rev. Thomas, i. 10. Letter
to, frora James Madison, 12.
Maryland refuses to ratify the Articles
of Confederation, i. 266. Controver
sy with Virginia, 257. FinaUv rati
fies the Articles of Confederatio"n, 264.
Action of her Legislature on the prop
osition for peace, 333. Opposes the
Virginia territorial claim, 457. Sub
stitute to the report moved by (lie
delegates of, 464. Question of juris
diction over Potomac river, 648.
Charter to Lord Baltimore, ib. Ar-

INDEX.

625

rangement with Virginia proposed,
551. Resolutions of the Legislature
of, on the commercial relations of
the States, n. 64. On the question
of paper money, 143. Her delega
tion to the Federal Convention, 301.
Opposition to the Constitution in,
527. Eatification of the Constitu
tion by, 528.
Mason Family of Virginia, l. 3, 50, 52,
re., 72.
Mason, George, i. 148, 172, 214, 268,
«., 456, 556, 631 ; n. 84, 57, 64, 66,
126, 688, 601, 608, re., 610, 616, re.
Ancestry of, i. 79. In the Virginia
Convention of 1775, 108, re. In the
Convention of 1776, 122. His letter
to R. H. Lee cited, 127, re., 128, re.
Added to the Committee to frame a
constitution for the State, 133. His
character and qualifications, 135.
Extract from a letter of, to George
Mercer, 136. His draught of the
Declaration of Rights, 138, 139, 140,
141, 142, 143. 'lestimony of Madi
son to the importance of his labors
in the Convention, 160, 166, 171.
On the Committee to revise the laws
of Virginia, 175. Appointed a Com
missioner on the M.aryland bound
ary question, 561. His draught of
the "Virginia Declaration of Rights,
644. A Commissioner to the Phila
delphia Convention, ii. 186. Letter
to Col. Cabell, 226. Notice of, 247.
His action in the Federal Conven
tion, 278, 818, 323, 326, 331, 384, 336,
re., 860, 861, 363, 366, 384, 387, 388,
399, re., 411, 418, 422, 423, 429, 431,
432, 438, 439, 441, 444, 446, 461, 452,
re., 453, re., 461, 464, 468, 478. His
opposition to the Constitution, 531,
537, 538, 540, 542, 543, 550, 651, 561,
564, 566, 600, re., 604.
Mason, Stevens Thompson, ii. 562. His
unauthorized publication of Mr.
Jay's treaty, in. 603.
Mason, Thomson, i. 67.
Massachusetts, her opposition to the
measures of the ministry for taxing
the colonies, i. 15. He Legislature
dissolved, ib. Opposes the 'Virginia
territorial claim, 458. Derangement
of the foreign commerce of, n. 12, re.
Her proposition for a Convention in
1786, 66. Opposed to the emission
of paper money, 148. Civil commo
tions in, 164. Jleetings of Conven
tions, 165. Remonstrance of 11
July, 1788, 166, re. Proceedings
against the courts, 167. Measures
of the Legislature against the sedi
tion, ib. Daniel Shays, 168. Gen.
Knox's account of the occurrences,
vol. 3.

ib. Report of the Congressional
Committee, 169. Attack of Shays
on the arsenal, 172. His defeat at
Petersham, ib. Proelamaton of a
rebellion, 173. Sends delegates to
a General Convention, 180. Her
delegation, 291. Assembling of the
Convention for considering the Fed
eral Constitution, 520. Hostility to
the Constitution, 621. Character of
the Convention, 622. Opposition of
the Democracy, 525, Ratiflcation
of the Constitution, 526.
Matthew, Gen., i. 202.
Matthews, Mr., ii. 132.
Matthews, John, i. 244, 265, 318, 367,
re., 614, 523, 591. On a Coinmittee
of Congress to confer with Washing
ton, 221.
Maury, Walker, ii. 4, re.
McClurg, Dr. James, ii. 28, re. A dele
gate to the F'ederal Convention, 252,
273. Notice of, 252. His action in
the Convention, 831, 413, 416, ib.,n.,
423.
McDougall, Gen., i. 886.
McGuire's " Selections," &c., cited, n.
314, re., 351, re., 408, re.
McHenry, Col. James, ii. 82.
McHenry, James, a delegate to the
Federal Convention, n. 301. No
tice of, ib. Appointed Secretary of
War, III. 537.
McKean, Thomas, i. 244, 470, 514; n.
515. Resolutions relating to the Ver
mont cbntroversj' moved by, I. 477.
McKenzie, Mr., i. 109.
Meade, AVilliam, Bp. of Virginia, his
" History of Old Churches and IMIn
isters in Virginia" cited, r: 11, re.
Mediation, between America, F''rance,
and Great Britain, offered by Spain,
I. 206.
" Memorial and Remonstrance " to the
Virginia Legislature against the as
sessment bill, I. 631, 634.
Mercer, Col George, i. 186, «., 164, n.,
863, 504, 514.
Mercer, Gen. Hugh, i. 91, 102.
Mercer, Jaines, i. 103, re., 525. On a
Committee to frame a Constitution
for Virginia, 188.
Mercer, Col. John Francis, l. 342, «. ;
n. 46, 77. A delegate to the F''ed-
eral Convention, 261, re , 302. No
tice of. 302. His action in the Con
vention, 442. In Congress, in. 203,
re., 241, 2E6.
Middleton, Arthur, i. 514.
Miffiin, Gen. Thomas, a delegate to
tlie Federal Convention, n 266. No
tice of, ib , re.
Mignet's " Histoire de la Revolution
Frangaise " cited, iii. 321, re.

40

626

INDEX.

Military posts in the United States oc
cupied by Great Britain, in defiance
of treaty obligations, in. 314.
Militia, organization of the, ni. 476.
Milton, John, ii. 49».
Minority, rights of the, n. 215.
Minot, George Richards, letters of
Fisher Ames to, cited, m. Ill,
iy*>.
Mirabeau, Honore Gabiiel, his tribute
to the memory of Franklin, in.
139.
Mist^issippi, renunciation of the claim
of the United States to the naviga
tion of the, demanded by Spain, i.
SiOti. The Virginia delegates in
structed to oppose the demand, 207.
The free navigation of tne, insisted
on by Congress, 236. As deliue i by
t^fc.^reaty of Faris, 240. An ulti-
^^--inatunTTn the conditions of peace
first proposed, 315, 317. Mr. Madi
son on the importance of the, 577,
5b3 Tu be insisted ou in any treaty
Tvith Spain, u. 109. Xe*v York and
Pennsylvania willing to surrender
the, 1 11. Mr. Jay's proposition rel
ative to the, lift, 119 Memorial
to the Legislature of Virgini i, 137.
Kesolutions adopted bythe House of
Delegate^, 14U. Sta e ofthe nego
tiation- with Spain, 193. ilr. Mad
ison's ref-olution against the closure
of the, 200. The questioa in the
Fe.ieral Convention, 396. In the
Virginia Convention, 5y4. ^
Monarchv, apprehended danger of, n.
333.
Monax, the, ii. 83, 84.
Monmouth, Battle of", 1. 197.
Monroe h amily of Virginia, r. 3.
Monroe, James, i. 53o; ii. 12. 37, 39,
40, il, 100, 105, n., Il7, 551, 594,
595, 597, 601; ill 3t>l. Letter from
M Kaynevalto, 1.359, n., 655. Letters
from Madi^un to, cited, 547, n., 593, n.
His pmposition lor regulating foreign
commerce, ii. 13. t is correspond
ence with Madison, ii. 19. His
early lite, 19. Enters the army, ib.
AVounded at Princeton, ib. His ac
quaintauce with Madis-n, 20. His
character, ib. His letters to Madi
son, 24, 27. Letters trom Madison
to, tio, 74, 101. Letter to M.idison
cited, 107, n. Marriage of, ib. Uf
the Conimittee on tJie negotiations
with Spain, 110. Letters to Mr.
Madison, ti., 120, n. Letter to Pat
rick Henr}-, 122. To Mr. Madison,
123. Letter to Madison cited, 53^,
n., 539 n. His objections to the Con
stitution, in Letters to Madison, 552.
A delegate to the Virginia Conven

tion, 553, 561. His remarks in op
position to tlie Constitution, 588. A
candidate for Congress, in opposition
to Madison, 655. Senator from Vir
ginia, m 165, n. Appoinred Min
ister to France, 423. His instruc
tions, ib. Letter from Madison to,
on his own marriage, 463, tu Let
ter from Madison to, on the in
surrection in Pennsylvania, 472.
Arrival of, in Paris, 527. His re
ception, 529. Intelligence of Jay's
treaty received in France, 530. In-
ter\'iew with the Committee of Safe
ty, 532. Censure of the treaty, 533.
His conciliator^' course, 570. In
trigue against. 575. liecalled, 578.
Montesquieu, Charles de. ii. 279, 415,
499. 1)09, n., 617. His " Grandeur
et Decadence des Romains" cited,
II. 435, n.
Montgomery, John, l. 460, 471, o.
.Montmor.n, Count, i- 374, n.
Moore, Andrew, in. 33, 391.
Moore, Col- Wdliam, i. 95. Letter
from, to Madison, cited, n. 549.
Moreau, Gen., in. 497.
Morgan, Gen., i. 226.
Morris. Gouverneur, i. 315; n. 354, n.;
m. 112, lfc3, n. 418, 452, n., 524, n.,
528. A raember ofthe Federal Con-
tion, II. 284. Notice ot, i^j. His
letter to liobert W alsh, Ifcll, cited,
34t, n. His action in rhe Conven
tion. 352, 3h4, 387, 3t^, 392, -394, 397,
405, 411, 414, 417, 422.427, 429,438,
442, 447, 459. 464, 466, 467, 473. His
despatches relating to hi? communi
cations with the british ministry, in.
Ib4, H. Life and correspondence of,
cited, 350, n. Recal ed irom France,
423.
Morris, Robert, l- 307, n.. 312 ; m. 422,
n. liis letterof conditional resigna
tion, 407. Washingtu i au inmate
of bis household during (he Federal
Conveutiou at I'hil delphia, n 273.
A delegate to the Cunvenuon, 276.
Xoiice of, ib. Action in relation
to a permanent seat of gove nmeut,
in 5t, 5j, 60. Said to have lavored
the assumption of State debts, 112,
113, 115. His letter to Gouverneur
Morris cited, 112, n.
Morton, John, u. 2^1
Mount Vernon, visit of Madison to, n.
43.
Muhlenburg, Frederick A., elected
^peake^ of the House of Represen
tatives. IU. 370. llis vote on the
resolution for the execution of Mr.
JayV treaty, 564
Murrav, Vans, it. 297,303; m. 203, n.,
2.i7,"2fc6, 391, 553.

INDEX.

627

N.
" National Gazette " (Freneau's), Mad
ison's articles for the, in. 250.
Naturalization bill in Congress, in.
1'26. Term for naturalization ex
tended, 479.
Navy, measures for the establishment
of a, in. 433. .Madison's dissent
from the proposition, 434.
Negative on State laws, in the Federal
system, advocated by Madison, n.
259.
Nelson Familv of Virginia, i. 50, 72.
Nelson, Gen. Thomas, i. 215; n 132.
240, re., 641. Cl'araeter of, i. 75, re.
Letter from .'\Iadison relating to, 76,
re. Prnpo,=es the resolution in the
Virginia Convention for declaring
independence, 130. Elected Gov
ernor of Virginia, 288, 290. Ap
pointed a delegate to the Philadel
phia Convention, but declines, n.
262 His repugnance to the Consti
tution. 532, 534.
Nel.9on, William, i. 435; n. 240, re.
Neutrality, efforts for maintaining, in.
323.
New Englnnd, democratic traditions
of, II. 838.
New Hampshire, adopts a provisional
governraent, l. 133. Her claims in
the Vermont question, 466. Her
delegation in the Federal Conven
tion, II. 290. Convention in, to con
sider the new Constitution, 520. Ad-
i'ournment of the Convention, ib.
{atification of Ihe Constitution, 615.
"New-Hampshire grants," i 460, 477.
New Jersey, Artie es of Confederation
ratified by, i. 256. Action of her
Legislature on the propositions for
peace, 333. C)pposition of, to the
Virginia territorial claim, 457. He-
monstranee of, 461. llefuses to com
ply with a requisition of Congress,
II. 106. Chooses deleg.ales to the
Philadelphia Convention, 181. Her
delegation, 2i)8. New-Jersev plan
in the Convention, 343. Ratifies the
Federal Constitution, 516, 617, re.
New river, Indian outrages on the, i. 6.
New Yin-k, arrival of tea at, i. 39. The
tea sent hack to England. 40. Ex
pulsion of the American army from,
169. Chosen as the seat "f govern
ment by Congress, under the Consti
tution, II. 634, 636. The stronghold
of Hritish .sympathies, in. 23.
New York, State ol', ce-sion of terri
tory tendered by, i. 448. The lands
ceded b}'' Virgini;i, claimed by Con
gress to be under the jurisdiction of.

450. Supports the Virginia claim,
458. Her cession of territory ac
cepted hy Congress, 460. Action of,
in relation to the Philadelphia Con
vention, n. 186. Convention in
Poughkeepsie for considering the
Federal Constitution, 624. Oppoiii-
tion to the Constitution, ib Condi-
t'onal ratification proposed, 626.
The Constitution ratified, on condi
tion of the call of a second Conven
tion, 628. The " New-York circu
lar," ib. Injurious effects of the
circular, 629, 631, 633.
Nicholas, George, i. 303, re., 631; ii.
132, 153, re,, 240, re,, 635. 638, re., 539,
re., 540, 550, 661, 662, 588, 603, 605,
606.
Nicholas, John, in. 371, re , 391, 553.
Nicholas. Roliert Carter, 1.215; n 246,
260. His motion for raising regu
lars in Virginia, i. 68. Upon a
Countv Committee, 73. In the Con
vention of 1776, 122, 165. On the
Committee to frame a Constitution,
132. In the Hoii.se of Delegates, 173.
Nicholas, Samuel, his plan for the elec
tion of a President, n. 422, re.
Nicholas, Wilson Cary, i, 637 ; ii. 46,
560, 662; ni..361.
Non-importation agreement in Vir
ginia, 1. 60.
North, Lord, i. 15, 28, 198, 497. His
resignation, 327. In the Portland
ministry, 498.
North Carolina, independence recom
mended bv her Provincial Congr-ss,
April 12, "1776, I. l.!4. Articles of
Confederation ratified by, 2.00. Sup
ports the Virginia territorial claim,
468. Invited to co-opera:e in inter
nal improvements. 624. Appoints
delegates to the Philadelphia Con
vention, II. 181. Her dele.gation,
302. Rejection of the Constitution
by, 632. Ratification of the Consti
tution by, in. 46.
" Northern Neck " of Virginia, the
birthplace of IMadison, i 3.
North-west Territory, cession of, by
Virginia, i. 445,
Nugent, Lord, his " Life of Hampden "
cited, I. 81, re.

o.
" Oceana," by Harrington, cited, 11.
509, re.
Ogden, Col Aaron, 1. 23, 386,; II. 352,
re.; in. 452, re.
Oneidas, visit to the nation of, by La
fayette and Madison, i. 582.

628

ES'DEX.

Opposition in Parliament, tone of fhe,
I. 115.
Or.^nu'e CoontA-, Va., letter froni the
Cuuimittee of. to Patrick Heury. i-
95. Pamphlets in opposition to
Congres? seized an I bumt by order
or the Committee. 96. 97.
Order in Council, 2 July, 17s3. rtlat-
)i:g to the West-India trade, n. 9;
in. -21.
L)ri.:^ination of money bills, n. 437.
0?-'LM d. S muel. I. 460.
Oswald, Mr., .-ent to Paris by Lori
Shelburne to confer on the subject
of peace. T. 335. Empowered to
treat with American Commissioners.
345. Succeeded bv Mr. Hartley,
499, 502.
Otto, M.. his letters to Mr. Jefferson
cited, in. 133.

"Pacificus," articles of, written by
Hamilton, m. 351.
Page Family of Virgiuia. I 50, 52.fi., 72.
Paire. John, i. 103. n., 537: n. 46. 66,
73. 153, tl.. 541. 5al: m. 26,33, 127.
n., 272. 2S6. 553. His acconnt of
the coup de main of Patrick: Henry.
in re'ation to the powder removed
by Dunmore from Williamsbu'-g, i.
93, n. Elected to the Council of
State, 1S3.
Page, Mann, ir. 240, n., 551. 553. Ac
tion of the House of Delega'^es of
Virs^inia on a letter frcm Arthur Lee
to, ^i. 341-343. Of the Committee
on the Philadelphia Convention, n.
132.
Paine, Thoma=. i. 453, n. Hi-; " Kights
of Man ¦' cited, i. 144. n. Wnslung-
ton > appeal on behalf of, 573. Ee
jected by the Le^'-islature. 574.
Piiper money qu^tion, n. 143, 144.
Paris, treaty of, i. 240. Negotiations
lor peace' at, 344. Provi::ional ar-
ticlts signed at, 50S. j
Parker, Commodore Hyde. i. 201. i
Parliament, pr-x^edings of, in opposi- (
tion to the riirhts of the Colonies, i. :
14. 2^, 3S, 40, 114. " Concilia^^^y
biU" in, I&S. Adoption of Gen. ;
Conway's motion, 327. |
Pasons, Theophilus, propositions by,
in the Massachusetts Convention for
ratining the Federal Constitution,
n. 525. ' I
Patters n, Williara, m. 534. A dele- j
g Ite to the Federal Convention, n. j
29:^. Notice of, tb. His action in
the Convention, 319, 342, 343, 346,
352, 361, 354. |

Patton, John, m. 564, «.
Paulding, J. R . letter from Madison
to. cited, III :^^. lu
Peabody, Xathaniel, L 523. On a
Committee of Congress to confer
with Washington, i. 221.
Pendleton, Edmund, i. 215, 270, 275,
ru. ojI, n., 5^i<; n. 136. n., 154. n.,
25\ 540. 550. 600, n.. 60'-. n., 610.
His letter to James Madisou, Sen.,
Feb. 15, 1766 i.TO.n. In the Virginia
Couvention of 1775. 103, n. In the
Convention of 1776. 122, 165 Drafts
the re.solution of the Convention for
declaring independence, 130. On
the Committee of Safety. 135. On
the Committee to revise t':e laws of
Virginia. 175. Letters from Madison
to, 250, 252, 2S9. 291, 441-, 474. 4C-0;
n. It9. fieply to Mr. Madisou, 261,
263. n, A revisor of the laws of
A'ir^nia, 553 His opinion on the
qnestion of judiciaiy power, n. 20"!;.
Letter from Madison to, it. closing a
copy of the Constitution, .:-32. His
repfy, 533. Chosen President of the
Virginia Convention, 561. His re
marks in the Convention, 567, 5^3.
His speech of June 12. 17S8, cited,
GuO, n. Letters fr m Madison to. m.
46. 5e, 57, 167, 213, 215, 225. Let
ter from Washington to, ci ted, 170. n.
Pendleton Family of Viiginia, i 50.
Pennsylvania, action of her Legisla
ture in relat"on to the negotiations
for peace, i. 333. Opp'>sition of, to
the Virginia territorial claim. 457.
Proposition to. for internal improve-
mt-nts. 623. Appoints delegates to
the Philadelphia Convention, n. 181.
Distinguished character of her dele
gation, 274. Convention to C" nsider
the proposed Federal Constitntion,
512. Opposition to the Constitution,
514. The Constitution ratified by
the State, 515. Meeting at Harris-
bui^ in opp sition to the F'ederal
Constitutiou, 631. ».>pp«j=idon tothe
excise law in,in 26^.4-50. F'orcible
resistance to t:.e law unpunished,
451, Proclaraation bythe President,
454. The militia called out, 455. A
general amnestv- proclaimed. 461.
Persecution of Baptists in Virginia, i.
41.
Peters, Richard, i. 379, 4^4. 514.
Petersham, defeat of Shavs at. n. 172.
Pettit. Charies. n. 105, n', 110. 113.
Philadelphia, evacuation of. bv Clin
ton, I- li?6. Convention at,'n. 129,
133, 134, 13-: cSee Convention). Cel
ebration of the ratification of the
Constitution at, 623. Yellow fever
at, in. 3^7.

INDEX.

629

Phillips, Gen., i. 281.
Pickens, Andrew, III. 371, re.
Pickering, Timothy, m. 537. Letter
from Hamilton fo, cited, ii. 416, re.
Appointed Secretary of VVar, ill.
4b9 Hamilton's and Adams's de
scription of ib. Appointed Secretary
of State, 635. Co. respondence with
M. Adet, 583. The correspondence
laid before Congress, 596. His hos
tility to France, ib.
Pierce, W illiMm, a delegate to the Fed
eral Convention, ii. 308. Notioe of,
ib His action in the Convention,
339.
Pinckney, Charles, ii. 27, 105, re., 171,
n. A delegate to the Federal Con
vention, 3u6. Notice of, ib. Plan
of F'ederal government laid before
the Convention by, 316. His action
in the Convention, 321, 324, 330, 336,
n, 353, 354, 365, 356, 357, 401, 406,
412, re., 418, 433, 436, 437, 441,-442,
446, 449, 450, 451, 452, 459, re., 461,
462, 468.
Pincliney, Charles Cotesworth, ii. 202;
III. 535. A delegate to the Federal
Convention, II. 306. Notice of, ib.
His action in the Convention, 363,
384, 447, 449. Letter from Gen.
Washington to, 622. Ofifered the
place of Secretary of State, Iii. 534.
Pincknev, Thomas, minister to Eng
land, ill. 411, re., 440, 661, 562. His
correspondence with Lord Grenville,
ni. 347, 348, re. Letter to Washing
ton, 416. The candidate ofthe Fed
eral party for the Vice-Presidency,
680. Defeated in the election, 582.
Pitkin's '¦ Civil and Political Histoiy
of the United States" cited, i. 249,
n. : III. 34, re., 349, re., 350, re., 431,
432.
Pitt, William, Earl of Chatham, i. 15.
His panegyric on the measures of
the Continental Congress, 61, re. His
protest against the acknowledgment
of the independence of America,
328. His opinion of Franklin, ii.
275, re.
Pitt, William, the vounger, Secretary
of State, I. 335." Chancellor of the
Exchequer, 499. His speech of 17
Feb., 1792, cited, ii. 691, n. His re
ciprocity bill. III. 390. His conflict
against French anarchical principles,
473.
Point Pleasant, Battle of, i. 61.
Poor, condition of the, in Europe, u.
95.
Popular branch of the Legislature, ii.
337.
Popular government, maxims of, i.
155.

Port bill, Boston (See Boston Port
bill).
Porter, .John, in. 464, re.
Porter's " Progress of the Nation "
cited. III. 136.
Portsmouth, Va., destruction of stores
at, I. 202.
Potomac Compsny, shares vested in
Washington by the Virginia Legis
lature, 627. Bequest oi^ by Wash
ington, 628, re.
Potomac river, i. 3. Jurisdiction over,
648. Navigation of, 652. Proceed
ings of Commissioners, ii. 67. Pas
sage ofthe, through tiie Blue Ridge,
ll6. Improveraents in the naviga
tion of the, i6.
Power of removal, Iii. 31.
Prentis, Joseph, it 48, 63, 73.
President of the United States, powers
and duties of the, n. 466.
Preston, F'rancis, in. 563.
Prevost, IMaj. Gen., i. 201.
Price, Kev. Richard, D.D., t. 153^ «.
His " Observations," &c., cited, i.
144, re.
Princeton, N.J. , Congress assembles at,
I. 487.
Princeton College, Madison enters, i.
11. Letter written fom, 12. Let
ter from Madison to his father, relat
ing to commencement at, 1769, 18.
Reforms in the course of study, in
troduced by Dr. Witherspoon, 21.
Influence of, on the independence of
the United States, 121, re.
Prisoners of war, I. 379, 380.
Protestant Episcopal Church in Vir-
giniii, bill to incorporate the, i. 607.
Provisional Articles of Peace signed,
Nov. 30, 1782, 1. 361.
"Publius," the signature adopted by
the writers in the " F'ederahst," n.
484.

Q.
Quakers in Virginia, i. 62.
Qualifications of electors, n. 427.

E.
Ramsay's "History ofthe American
Eevolution " cited, i. 106, re., 249, re.
Randall, Benjamin, his remarks in the
Massachusetts Convention, on the
Federal Constitution, 11. 623, n.
Randall's "Life of Jefl'erson" cited,
III. 178, I!., 376, re.
Eandolph, Beverly, 11. 259, 640.
liandolph, Edmund, 1. 127, re., 166, 342,
re., 456, re., 466, 458, re., 501, re., 614,

630

INDEX.

520, 524, 525, 528; n. 65, 98, 99, 125,
302, 561, 603, 605, 606; III. 63, 136,
n., 179. 252, 260, 452. n., 49(', 504, n.,
509, 51S. Letters to Mr. Madison, I.
343. 516. 53b, n. A Commissioner
on the Maryland boundarj- question.
551. A Commissioner to the Phila
delphia Convention, n. 136. Letter
from Madison to, cited, 232. Letter
to .Madison cited, 23*. Xotice of,
242. .\t the Federal Convention, 273.
Resolutions submitted to the Con
vention bv, 313. His action in the
Convention, 325, 330, 331, 339, 346,
347, 360, 363, 364, ojb, 391, 3a2,395,
396, 399, 406, 423, 424, i32, 433, 437,
43*. 450, 456, 461, 462. 467. 469, 473.
His resolutions adopted by the Con
vention, 3-53. His opposition to the
Constitution, 531, 640, 545, 551.
Advocates tlie ratification ofthe Con
stitution, 564, 574. Letter trom Mad
ison to, III. 44. Appointed Attoruey-
General of the United States, 68.
Letters ftom Madison to, 100, n., 196,
n. His letter to iladison, relating to
Wasiiington's justification of Ham
ilton, 3ul. His instructions to Mr.
Jay, 490. His reply to Mr. Ham
mond's communication noticed, 493,
re. Letter to Mr. Jay on British ag
gressions, 496. Conversations with,
reported in Fauchet's confidential
despatch, 519. Alleged hostility of
Wolcott .and Pickering to, 521. His
resignation of office, 523.
Randolph Family of Virginia, i. 50,
SO.
Kandolph, John, i. 109.
Randolph, Peyton, i. 73, 91, 129; n.
242.
Rappahannock river, i. 3.
Katification of the treaty of peace by
Congress, I. 530. Of Mr. Jay's
treaty, by Washington, in. 522.
Rayneval, "M., i. 357. His mission to
London, 358. 359. His letter to Mr.
Bloiiroe, in 1795, cited, 359, re. His
letter in the original, 656.
Read, George, a delegate to the Feder
al Convention, n. 301. Notice of, ib.
His motion on the ratio of represen
tation, 318. His action in the Con
vention, 352, 376, 414.
Reciprocity in commercial relations,
ni. 137.
Reforms in the Federal system, n.
254.
Reid, Thomas, I. 16.
Reinforcements sent to the army, i.
177.
Religion, public provision for the sup
port of, in Virginia, i. 599. The
measure opposed by Madison, 602.

Religions freedom, questions concem
ing. I. 43. 561.
Representation, ratio of, n. 3T1, 389;
III. 203.
Reprisals threatened on the King's
property at Williamsburg, i. 93.
Republican party, origin of the name,
III. 177. Jefferson their canditlate
for the Presidency. 561.
Reve llere-Lepaux, M. La, in. 571, n.,
572, n.
Revenue svstem, eflbrts for a, i. 310,
409. Address to the States, 425.
Answer to the objections ol Rhode
Island by Col Hamilton, 433. The
plan rejected by Virginia, 435. Mr.
Madison's proposition for a, in Con
gress. III. 13.
Rewbell, M., in. 571. n.
Rhode isl ind, refuses to grant to Con
gress the power to levy duties on im
ports, I. 410. Answer to her objec
tions, 411. Written by Col. Hamilton,
433. Its influence on the Legisla
ture of Virginia, 434. Opposition of,
to the Virginia claims, 467. Not
represented in the Federal Conven
tion, II. 274. Ratification of the
Constitution by, in. 46.
Richmond, Duke of, in the opposition
to the ministrv. i. 115, n., 116. In
the Cabinet, 328, 336.
Rittenhouse, David, ni. 464, n.
Rives, William C. letter from Lafay
ette to, cited, I. 586, re. Letters from
Madison to, cited, ii. 260, re., 409, re.
Roane, Spencer, i. 526, n., 537, 538, n.;
n. 154, re.. 271, re.
Eobertson, Donald, i. 10.
Robertson, Isaac, i. 10.
Kobert-on, Rev. William, D.D., j. 16;
n. 274.
Eobertson's " Debates of the Virginia
Convention of 1788" cited, i. 264, ».,
303, re., 565, n.
Robinson, Conway, r. 5, n.
Rochambeau, Count de, i. 271. Arriv
al of, with French troops, at Xew
port, I. 224. At Williamsburg, 292.
Siege and surrender of Yorktown,
293. Thanks of Congress voted to,
296.
Rochefoucauld, Francois de la, ii. 275.
His tribute to the memorv of Frank
lin, in. 139.
Rockingham, Marquis of, i. 14. Op
poses the measures of the ministry
againstthe Colonies, 116. First Lord
of the Treasury, 328. His death, 335.
Eodney, Admiral Sir George, arrival
of, at New York, I. 225. His victory
over the Count de Grasse, 335.
Ronald, William, i. 537 ; n. 46, 53, 66,
T3, 550, 562.

INDEX.

631

Ross, David, ii. 66.
Rousseau, Jean Jacques, his "Consid
erations sur la Gouvernement de Po-
logne" cited, 11. 422, re.
Rumsey, James, ii. 43.
Eush, Dr. Henjamin, letter from Madi
son to. III. 87.
Rush, Kichard, letter from Madison to,
cited, n. 94, re.
Eussia, "iirined neutrality" of, i. 244,
318. Offershermediation, with Aus
tria, to the belligerents, 318. The
mediation accepted by Congress,
319. F'ailure of the measure, 324.
Rutledge, Edward, H. 657.
Eutledge, John, i. 363, 367, re., 371, 424,
re., 460, 461, 462, 514; ii. 27. A dele
gate to the Federal Convention, 306.
Notice of, ib. His action in the Con
vention, 321, 324, 329, 330, 335, 336,
384, 388, 424, 438, 446, 455.

S.
St. Clair, Gen., endeavors to suppress
the mutiny at Philadelphia, I. 483.
His defeat by the Indians, in. 226.
Sallust, works of, cited, n. 238, re.
Sanderson's " Life of Ellery " cited, i.
624, re.
Sargeant, Jonathan D., in. 464, re.
Savannah, conquest of, i. 201.
Schuyler, Gen. Philip, i. 523. On a
Committee of Congress to confer
with Washington, i. 221. Succeeded
by Aaron Burr in the Senate, in.
202, re.
Scotch-Irish emigrants settle in Vir
ginia, I. 79.
Scott, Henry, I. 96.
Scott, John, Lord Eldon, iii. 475, re.
Scott, Thomas, in. 33, 466. On a per
manent seat of government, 50, 51.
His amendment to Col. Hamilton's
resolution on the public debt, 78.
Seat of Governinent, discussion on the,
I. 488. Jurisdiction over the, 490.
New York chosen as the, under the
Constitution, n. 634, Discussion of
the question in Congress, in. 50, 111,
113.
Secret article in the Provisional Arti
cles of Peace, Nov., 1782, I. 352,
363.
Sedgwick, Theodore, in. 33, 51, 134,
164, 227, 286, 390, 466, 487, re., 542,
553, 563. On the assumption of
State debts, 99. His indignation at
the rejection of the proposition, 101,
108, n. His amendment to the ap
portionment bill, 206. His proposi
tion on the post-oflice bill, 219. A

candidate for the Speaker's chair,
371. His proposition for raising a
provisional army, 406. Ill success
of the project. 424.
Sedgwick's'' Lifeof Livingston" cited,
n. 636, re.
Segur, Count de, his account ofthe re
ception of Fi-iinklin in France, i.
376, re, " Memoires de " cited, 370, re.
Selden, John, remark by, i. 113.
Semple, Kobert B , i. 6. His " History
of the Virginia Baptists " cited, 42,
re., 45, re., 46, re.
Senate, mode of election, and term of
service of, n. 367. Separate powers
of the, 455.
Shakespeare cited, by Judge Pendle
ton, I. 262.
Shays, Daniel, commander of the in
surrection in Massachusetts, ii. 168.
His attack on the arsenal at Spring
field, 172. His defeat at Petersham,
172.
Sheffield, Lord, (See Holroyd, John
Baker).
Shelburne, Earl of. Secretary of State,
I. 328, 497. Opposed to the acknowl
edgment of the independence of the
Colonies, ib,, 334, 336. First Lord
of the Treasury, 335.
Sherman, Roger, i. 470, 614; n. 297,
606. A delegate to the Federal Con
vention, II. 296. Notice of, ib. His
action in the Convention, 320, 321,
322, 323, 325, 336, re., 339, 362, 364,
374, 382, 390, 394, 402, 446, 468, 459,
463. In Congress, in. 13, 26, 34, 40,
51, 99. His provision for assuming
the State debts, 103. Rejected by
the House, 107.
Shipley, Jonathan, Bishop of St. Asaph,
n. 276.
Simcoe, Governor, of Upper Canada,
his invasion ofthe United Stutes ter
ritory, ni. 494. Other outrages by,
495.
Singletarj', Amos, his remarks in the
Massachusetts Convention, on thc
Federal Constitution, ii. 523.
Sitgreaves, Samuel, in. 542, 589.
Six Nations, lands ceded by Virginia,
claimed to belong to the, i. 450, 461.
Slave trade, prohibition of the, dis
cussed in the Federal Convention, n.
445. Petitions for the abolition ot
the, ni. 129.
Slavery, petitions for the abolition of,
ni. 129.
Smilie, John, n. 515, 616; ill. 391.
Smith, Adam, I. 16.
Smith, Capt. John, i. 5. His " Histoiy
of Virginia " cited, ib.
Smith, Rev. John Blair, i. 632, re. His
letter to Madison cited, n. 545, n.

632

INDEX.

Smith, Jonathan, in the Massachusetts
Convention, Jan., 1788, ii. 180, re.
Smith, Melancthon, opposes the Consti
tution in Congress, ii. 479. In the
New York Convention. 624.
Smith, Meriwether, i. 183, 315; n. 44,
53, 66, 66, 73, 79, 550. On a Com
mittee to frame a Constitution for
Virginia, i. 133, 159, 162, 164, re.
The authorship of a draught of a
Constitution ascribed to him, 161,
164, re., 166. His character, ii. 45.
In the Virginia Convention, 56'i.
Smith, Samuel, Md., in. 371, re., 391,
553. On the outrages by Great Brit
ain, 405.
Smiih, Hev. Samuel Stanhope, gradu
ates at Princeton College, 1. 19. Suc
ceeds Dr. Witherspoon as President
of the College, 22. Extract from a
letter to Madison, from, 185. His
views of free agency, 186. His " Lec
tures " cited, w., re.
Smith, Thomas, i. 448.
Smi'h, William, Md., ill. 26.
Smith, William, S.C, in. 26, 33, 40,
99, 134, 164, 2-22, 272, 286, 298, re.,
384, 401, re., 441, 563, 589.
Somers, Lord, II. 612. His vindication
of his own policy, in. 428.
Southampton, Wriothesley, Earl of, i.
81.
South Carolina, adopts a provisional
govemment, i. 133. Operations
against, 201. Supports the Virginia
territorial claim, 458. Her delega
tion in the Federal Convention, n.
305. Opposition to the Federal Con
stitution in, 528. Ratification of the
Constitution by, 530.
Spaight, William Dobbs, a delegate to
the Federal Convention, ii. 304. No
tice of, ii. His action in the Con
vention, 339, 464.
Spain, negotiations with, i. 205, 235.
Recall of her ambassador from Lon
don, 206. Declares war against
Great Britain, 318. Don Gardoqui's
mission to the United States, li. 109,
re. State of the negotiations, 193.
Sparks, Jared, his "Washington"
cited, I. 69, re., 139, re., 163, re., 196,
re., 215, »., 268, re., 273, re., 290, re.,
301, re., 333, n., 336, re., 337, re., 398, re.,
401, re., 481, re 615, re., 628,re.; 11.112,
re., 126, re., 175, re., 188, re , 2 10, re., 231,
re., 232,7!., 479, re., 532, re., 543, re.,
587, re ; III. 65, re , 143, re., 170, re.,
175, re., 177, re., 185, re., 268, re., 260,
«., 262, re., 266, re., 314, re., 324, fl.,
412, re., 416, re., 418, fl , 465, re., 485,
re., 516, re , 624, 577. His " Life of
Washington " cited, i. 279, re. His
edition of Franklin's Works cited.

I. 355, re. ; ii. 279, re. His opinion
of the integrity of France in her ne
gotiations for peace in 1782, i. 359.
His " Life of Gouverneur Morris "
cited, II. 349, n. ; in. 112, re. His
correspondence with Madison, u.
354, re.
Spotswood, Alexander, i. 91.
Springfield, Mass., attack on the ar
senal at, by Shays, ii. 172.
Stamp .ict, repeal of the, i. 27.
Standing armj-, proposition for a, ni.
476.
State debtB, assumption of, recom
mended, III. 91.
State rights reserved under the con
federacy, I. 212.
Stephen, Gen. Adam, ii. 550.
Steuben, Baron Frederic, i. 293, ra.
Stone, Thomas, n. 57, re. ; in. 33, 42,
re., 165. On the assumption of State
debts, 95.
Storj', Joseph, his opinion of the es
says of the " Federalist," ii. 499.
His " Commentaries on the Consti
tution " cited, ib., re., in. 35.
Strong, Caleb, in. 421, re., 487, re., 547.
A delegate to the F'ederal Conven
tion, II. 294. Notice of, ib. His ac
tion in the Convention, 363, 402.
Strother, Mr., ii. 654, 655.
Stuart, Archibald, ii. 153, ft., 240, •«.,
650, 562.
Stuart, Dr. David, n. 550. Extract
from a letter of Washington to, in.
28. Extract from letters of, to Wash
ington, 141, re.
Stuart, Judge, i. 526. re., 637, 591.
Sullivan, John, I. 237, 318, 367, a.
Sumpter, Gen., i. 226.
Susquehanna, eastem bank ofthe, des
ignated as the permanent seat of
government by the House of Repre
sentatives, in. 56.
Swanwick, John, in. 563.
Swift, Jonathan, Dean of St. Patricks,
his " Hints," &c , cited, I. 83, n.
Swift, Zephaniah, in. 563.
Sylvester, Peter, m. 34.

Tabb, John. I. 103, re.
Taliaferro, Lawrence, i. 95.
Taxation, direct, it. 589, ra.
Taxes, payment of, in tobacco, u, 147.
Tavlor, James, I. 95.
Taylor, John, i. 275, ra., 537 ; II. 240,
re. Letter from Jeflferson to, cited,
in. 148, re. Senator from Virginia,
371, re.
Tazewell, Henrj-, i. 166, 842, 537, 602;
II. 240, re. ; in. 547.

INDEX.

633

Tea, shipment of, from England, i. 38.
Sent back from Philadelphia, 39.
Destruction of, in Boston, 40.
Ternay, Count de, arrival of, with the
French fleet, at Newport, i. 224.
Theologieal catalogue for the librarj'
of file University of Virginia, i.
641.
Thiers's "Histoire de la Revolution
Francjai-ie," cited, in. 671, re., 572, re.
Thomas, Rowland, I. 95.
Thompson, Charles, Secretary of Con
gress, in. 2.
Thompson, General, his denunciation
of Washington in the Massachu
setts Convention, ii. 523, re.
Thruston, Charles Mjmn, i. 435,537;
II. 46, 77, 153, re., 240, re.
Title, proposed for the President of the
United States, in. 9, 11, 174.
Tobacco, payment of taxes in, ii.
147.
Tobacco trade of Virginia, i. 647.
TocqueviUe, M. de, his "Democracy
in America " cited, n. 263, n., 619,
ra. His remarks on the Union,
117.
Todd, Mrs. Dorothea Payne, married to
Mr. Madison, in. 462.
Toleration, the term .excluded from
the Virginia Declaration of Rights,
on motion of Mr. Madison, i. 140,
142.
Tonnage Bill, amended in the Senate,
III. 27.
Tooke, John Horne, m. 476, ra.
Townshend, Charles, revives the
scheme fbr taxing ^he American
Colonies, I. 14.
Tracy, Destutt, letter from Jefferson
to, cited, II. 609, n.
Tracj', Uriah, in. 371, re., 390, 563.
On the hostility of Great Britain,
893, 401, re.
Trade and Intercourse with the Colo
nies, bill to prohibit, 1. 114.
Treaty with Great Britain, concluded
bj' Mr. .lay, in. 602. Its ratification
advised by the Senate, 503. Unau
thorized publication of the treaty,
ib. Outline of the treaty, 504.
Eatification of the, by Washington,
622. Ett'ect of the treaty in France,
569.
Treaty of Foutainebleau, i. 239.
Treaty of I'aris, i. 240.
Treaty of W estphalia, i. 239.
Treaty-making power, in. 561.
Trelawnev, Sir Joseph, I. 81, re.
Trist, Nicholas P., memorandum of a
conversation with Madison, in. 177,
re., 194, re.
TrumbuU, Col. John, Secretary of
Legation to F'rance, in. 631, 532.

Trumbull, -lonathan. Speaker of the
House of Kepresentatives, in. 231, re.
Tryon, Gov. Willinm, i. 198.
Tucker, Professor George, his " Life of
Jefferson," cited, i. 55, re.
Tucker, Rev. Josiah, Dean of Glouces
ter, I. 35.
Tucker, St. George, ii. 66, 164, re.
Letter of, cited, 246, re.
Tucker's " History of the United
States," cited, n. 60, ra.
Tucker, Thomas T., iii. 42, ra., 272.
'Turgot, Anne-Kobert Jacques, i. 153,
ra. ; n. 611. Jlotto applied by him to
Franklin, ii. 276.
Tyler, John, i. 637, 598; n. 44, 46, 63,
60, 77, 650, 561, 606.
Tyler, John, his oration at Jamestown,
cited, I. 71, re. Letter from Madison
to, cited, n. 260, re.

u.
United States, efforts for a revenue
system, I. 409. Cession of the
North-west territory to the, by Vir
ginia, 447. Accepted by Congress,
464. Deed of cession delivered,
465. Trade of, with the West In
dies, 500. Dissatisfaction in the,
from delay in the negotiations for
peace, 603. Provisional articles of
peace signed, 608. " Vices of the
political sj'Stem of the," bj- Madison,
II. 212. Reforms in the F'ederal
system, 264. Meeting of the Fed
eral Convention, 272. Original
debt of tlie Union, in. 73. Second
election of President and Vice-Presi
dent, 308. Foreign relations of the,
312. Proclamation of neutrality by
Washington, 324. Relations with
France, 827, 329. (See Constitution;
Congress ; Convention ; JJandlton,
Alexander; Jny, John; Jeffers',n,
Thonias ; Madison, Jaines ; Washing
ton, George,)
Universal suffrage, n. 429, 430.
Univereity of Virginia, Madison's
theologieal catalogue for the, i.
641.
Unlawful enterprises, act punishing,
I. 691.

Valedictory address, Washington's,
a draught of, prepared by Madison,
111. 268.
Van Berckel, Chevalier, Minister from

634

INDEX.

the Netherlands, i. 493. His re
ception, ib.
Vandalia Land Company, i. 207, 323,
n. Report on their claim, 452.
Vandyke, Nicholas, i. 471, n.
Varnum, James M-, i. 448, 470.
Varnum, Joseph, in. 564, n.
Venable, Abraham B., in. 203, n.,272.
Vergennes, Count de, i. 218, n., 357,
374; II. 275. His letter to the
Cheviilier de la Luzerne, remon
strating against the conduct of the
American Commissioners, i. 355.
Vermont question, the, i. 457, 458.
Conflicting claims, 466. The ques
tion before Congress, ib. The propo
sition to admit Vermont as an inde
pendent State rejected, 473. Acts
of violence on persons professing
allegiance to New York, 477. Res
titution demanded by Congress, ib.
Vestrymen of the Established Church,
in Virginia, i. 50.
Veto, by the President, of the appor
tionment bill, in. 215.
Vice-President, second election of, in.
308, 310.
" Vices of the political system of the
United States," by Madison, n. 212,
Vincennes, Fort, capture of, i. 195.
Seizure of Spanish goods at, n. 193,
196.
Vining, John, in. 33, 40, 164.
Virginia, Resolutions of the House of
Burgesses of, against the obnoxious
measures of the British Ministry, i.
14. Persecution of Baptists in, 41.
The Established Church in, 42, 45.
Feeling in, excited by the Boston
Port Bill, 56. Meeting of the Con
vention of, 1774, 60. Organization
of the militia, 63. Resolves of the
Virginia oflficers, 66, 86. County
Committees, 73. Character of the
volunteers, 75. The cavalier ele
ment in, 76. Population of, at the
Restoration, 78. Emigntion to,
after that date, 79. Loyalty of the
people of, 85- Amusements in, 1737,
87, n. Meeting of the Assembly, 98.
Flight of Lord Dunmore, 99. Meet
ing of the Convention, July 17,
1775, 101. Measures for defence* ib.
Proceedings of Lord Dunmore, 116.
A new convention at Williamsburg,
119. Motion of the Virginia dele
gates in Congress, declaring the
right of the Colonies to independ
ence, 125. The Convention not
unanimous, 127. Committee for the
organization of government in, 132.
A declaration of rights, 134. Amend
ment to, proposed by Mr. Madi
son, 140. Amendment adopt

ed, 142. First draught of Con
stitution, 149. The Constitution
of 1776, 153. Patrick Henry
elected Govemor, 167. Abolition
of entails, 1^3. Religious freedom
in, ib. Revision of the laws, 174.
Reinforcements sent to the army,
177. New election of delegates,
179. Invasion of, 202. Jefferson
elected Governor, 203. Ratification,
by the Legislature, of the treaties of
alliance -^nth France, ib. Asserts her
rights of sovereigntv within her
own territory, 208, Instructions to
her delep;ates in favor ol' the free
navigation of the Missi?si|)pi, 237.
New instructions, 247. The new
instructions revoked, 252. The Ar
ticles of Confederation approved by
the Legislature, 255. Controversy
with Maryland, 257. Territorial
rights of, 259. Representation to
Congress, respecting the dangers of
the Southern States, 269. Measures
for their defence, 270. Benjamin
Harrison chosen a special envoy to
Congress, bythe House of Delegates,
ib. Her exertions for the cause,
272. Advance upon, by Cornwallis,
274. Neglect of, by Congress, 275.
Remonstrance to Congress proposed,
ib. Expedition of Tarlton to Char
lottesville, 281. Capture of mem
bers of the Legislature, ib. A dic
tator proposed, 283. Gen. Thomas
Nelson elected Govemor, 288. The
allied army marches to, 291. Im
post act repealed, 311. Action of
the Legislatu"^e, on the propo-ition
for peace, 332, 339. Her action on
the eflbrts for a revenue system, 410.
Her repeal ofthe impost act, 412.
Influence ofthe answer to the Rhode
Island objections upon the Legisla
ture, 434. Rejection of the revenue
plan, 435. The measure finally sup
ported- by the Legislature, 437. Ces
sion of the North-west territory by,
445. Hostile spirit towards, 449.
Committee of Congress report the
lands ceded to be under the jurisdic
tion of New York, 450. Virginia
invited to reconsider her act of ces
sion, 451. Grounds of her claim,
453, n. Mr. Madi.son's defence of
her title, 455. Action of the Gen
eral Assembly, 456. Final accept
ance of the cession hy Congress,
463. Deed of cession signed, 465.
Law of, limiting the term of service
ofa delegate to Congress, 514. Sur
render of a fugitive from justice de
manded by South Carolina, refused,
527. Composition of the Hoa'^e of

INDEX.

635

Delegates in 1784, 537. Commercial
condition of the State, 542. Juris
diction over the Potomac river, 548.
Arrangement with Maryland pro
posed, 651. Internal improve
ments, 562. Kevision of the laws,
553. Kevision ofthe State Constitu
tion, 655. Resolutions reported,
557. Eejeetion of the proposition,
559. Questions concerning religious
freedom, 661. Questions of Federal
poliej', 663. Coinmittee appointed
to draw up an address to Washing
ton, 670. liesolve for a statue of
Washington, 672. His appeal in be
half of Paiue rejected, 674. Re-as
sembling of the Legislature, 687.
Circuit courts established, 688.
Acts of violence in, 690. Act pun
ishing unlawful enterprises, 691.
Alleged violation of the Bill of
Rights, 694, 695. Proposition re
specting British debts, 595. Singu
lar I'a'e of the measure, 597. Assess
ment for the support of religion, 600.
Bill to incorporate the Protestant
Episcopal Chureh, 607. General as
sessment bill postponed, 609. Visit
of Washington and Lafayette to the
Legislature, 612. Plans fbr improve
ment of rivers, 615. Communication
with the Ohio, 622. Legislative ac
knowledgment to Washington, 627.
Assessment bill before the House,
628. " Memorial and remonstrance "
drawn by Madison, 631. Meeting of
the Assembly, 632. The assessment
abandoned, ib. Virginia liill of
Eights, 633, 636, 636, 638, 640. Suc
cessive draughts of the Declaration of
Eights, 614. Parallel between the
first draught of the Virginia Consti
tution of 1776, and the form in wliich
it was adopted, 648. Adjournment
of the Legislature, ii. 2. Acts re
lating to foreign commerce, 10, 11.
Meeting of the Legislature, 44.
Col. Harrison elected President of
the House, ib. Petitions for the reg
ulation of commerce, 46. Madison's
speech in favor of, 48. Eeport of
special Committee, 53. Discussion
in committee, 56. Marjdand resolu
tions, 64. Plan of Convention
adopted, 65. Payment of British
debts, 70. Separation of Kentucky,
72. kevision of the laws, 75. Fi
nances of the State, 78. Commis
sioners to call a eommercifll Conven
tion of the States, 97. Jleeting of
the Commissioners at Kichmond,
and call ofthe Convention at Annapo
lis, 98. Meeting of the Legislature,
131. Eesolution in favor of the

Convention at Philadelphia, 132.
Memorial to the Legislature on the
free navigation of the Mississippi,
137. Eesolutions passed by the
House of Delegates, 140. 'fhe paper
monej' question, 143. I'etitions for
the emission of paper currencv, 144.
Eejected, 145. Provision for "ins al-
ments, 148. The Protestant Episco
pal Cliurch in, 151. Agitation
against Church privileges, 163.
Eevisinn of the laws, 1.56. Action
on the insurrection in ilassachusetts,
171. Chooses delegates to the Phila
delphia Convention, 181. Commis
sioners from, 227. The members of
the Virginia delegation, 228-253.
Madison's outline of reforms in the
Federal system adopted by the,
259. Question of judiciary power 'it,
264. Opinion of Judge WjMhe, ib.
Of Judge Pendleton, 266. "The ju-
dieiarj' bill of 1788, 267. "Virginia
Kesolutions " presented to the Fed
eral Convention, 313. Opposition to
the Constitution in, 531. Meeting
of the Assembly, 535. Call of a
Convention, 636. State of parties
in, 539. Elections for the Conven
tion, 647. Assembhng of the Con
vention, 660. Pendleton chosen
President, 561. Opposition to the
Constitution, 663. Iteview of the
debates, ib. The Mississifipi ques
tion, 594. The Constitution consid
ered, clause by clause, 600. iMr.
Wj'the's proposition for ratification
adopted, 606. The Constitution
ratified, 607. A bill of rights recom
mended to Congress, ib. Alleged re
served rights of the State, lb., n.
Adjournment of the Convention, 621.
Eenewed opposition to the Constitu
tion, 632. Question of amendments,
643. Action of the Legislature, 645.
Election for the Senate, 648. Meas
ures of the Anti-Federal party, 664.
Eemonstrance of the Legislature
against the funding bill, in. 149.
Her delegation in Congress, 1793,
371, n. Madison's reply to assaults
on, 444.
"Virginia Gazette," 1737, cited, l. 87,
n. 1803, 130, n.
" Virginia Historical Eegister,'' cited,
I. 94, !!., 136, n.; n. 226, n.
Virginia Historical Society, i. 5; ii.
123, n.
Voltaire, Francois Marie Arouet de,
II. 276.
Volunteers, character of the, in Vir
ginia, I. 75.
Voss, Ephraim, murders by Indians,
at the house of, i. 6.

636

INDEX.

w.
Wad.sworth, Jeremiah, in. 391, 478.
Waite's " .Mate Paiiers," cited, in.
181, n , 316, «,, 338, n., 345, n,, 348,
n,, 349, n , 360, n., 351, n., 411, n.,
415, n., 418, n , 430, n.
Walker, Col. F'rancis, in. 371, n.,
640.
Walker, James, i. 95.
Walker, Col. John, elected to Con
gress, T. 215. Appointed Senator
by the Governor of Virginia, in.
165, n.
Walker, Dr Thomas, i. 103, n. Cho
sen into the Council of State, 183.
On the Coinmittee to vindicate the
claim of Virginia to her western ter-
ritorj', 456.
Walsh's "American Review," cited, ii.
489, n , 600, n.
Walton, George, i. 265.
Washington, Bushrod, ii. 635, n,, 660,
562. Uis letter to G' n. Washington
on the debate in the Virginia Con
vention. 586.
Washington Family of Virginia, ¦- 8,
50.
W.ishington, George, i. 72, 127, n., 143,
215, 220; II. 210, 243, 247, 294, 297,
299, 304, 640; in. 464, n. Chairman
of the County Committee of Fairfax,
I. 73. Letter to, from Ihe Independent
Company of F'rederieksburg, April,
1775, 91. l.)isclaims the design of In
dependence in 1774, 109. Extract
from a letter of, to Richard Henrj'
Lee, 118. Extr.;ct from a letter of
Major-General Lee to, 127. Re
signs his place as a member of
the Convention of 1775, on being ap
pointed Commander-in-Chief, 135.
Drives the British army from Boston,
169. Eetreats to the banks of the
Delaware, 176. Eeinforcements fur
nished to, bj' Virginia, 191. His ap
peal to Benjamin Harrison, 213, 215.
in winter quarters at MorristoAvn,
216. Letter to the President of Con
gress, ib. Committee to confer
with, 221. Threatened bj' Knj'p-
hausen, 222. Arrival of French
troops at Newport, 224. Advances
to meet Eoehambeau, ib. Letter to
the Governor of Virginia cited, 273.
Proposed by Richard ..Henry Lee to
be granted dietatori d powers, 286.
Marches to Virginia with the allied
army, 291. Ttie siege of Yorktown,
and" surrender of Cornwallis, 293.
Extract from a letter of, to Joseph
Jones, 293, n. His opinion of the
military talents of Lafiiyette, 294, n.

Thanks of Congress voted to, 296.
His let'er to Congress, ib. Returns
to the North, 297. Letter to John
Parke Custis, 300. Letter, supposed
bj' Madison to be written by, o01,7i.
Communication of Sir Guy Carleton
to, refused bj' Washington, 331. A
second communication to, 33 j. Let
ter to Col. Hamilton, 2J April, 1783,
381, n. llis ad iress to the ofhcers of
the armj', at theirmeeting, .March 15,
1783, 393. Madison's opiiiii n ofhis
prudence and virtue on that occasion,
397. His letter to iMr. Jones on the
state of feelingin the armv, 400. Col.
Hamilton's confidential letter to,
4U2. Eeply of Washington, 404.
Subsequent letter of Wasliington,
406. His c;rcular letter to the Gov
ernors of the States, cited, 432. His
approval of the plan adopted by
Congress and Mr. Madison's address,
432. His letter to Mr. Jones on the
Vermont controversy, cited, 478.
His letter to the President of Con
gress on the disbanding of the anny,
481. His letter on the mutiny of
soldiers at Pliiladelphia, 485. Re
moves his headquarters to Prince
ton, 492. Reci'ption by Congress,
ib. Eesignation of his military com
mission, 510. Aids in improving
the navigation of the Totomac, 562.
Address to, bj' the Legislature of Vir
ginia, 671. Statue of, ordered by
the General Assemblj', 572. Pro
posed inscription on tlie statue, i6., n.
His appeal in behalf of i'aine, 573.
Visited by Lafayette, 680. Favors
the resolution for the support of re
ligion, 602. His visit, with Lafay
ette, to the Legislature of Virginia,
612. His reply to the Committee of
reception, 613. His letter to Col.
Benjamin Harrison on internal im-
provement*. 615. His mission to
Annapolis, 618. His letter lo Madi
son 020. Madison's tribute to, 625.
Legislative acknowledgment to, 627.
Disposition of the donation by
Washington, 628, n. In favor of
granting power to Congi-ess to legis
late on tr.ide, n. 32. Letter to Col.
McHenry, ib. Visit to, by JIadison,
43. Letter from Madison to, 61.
His correspondence with Gen Knox
and Col. Humphreys, cited, 126, n.
Letter to Madi-on cited, 134. Mr.
Madison's reply, 135. ICIected a
Commissioner "to the Philadelphia
Convention, 136. Letters from
Midison to, 138, 142. Letter to
Jladisiin, on the insurrection in
Massachusetts, 176. Letters frora

INDEX.

637

Gen. Knox to, cited, 175, 179, n.,
188, n. A delegate to the Conven
tion at Philadelphia, 226. Letter
from Madison to, 227. Reply of
Washington, 228. His hesitation in
accepting; thc commission, 230. Let
ter to Col. Humphreys, cited, ib.
His Acceptance of the appointment,
233. Letter to Mr. Jay, 234. Let
ter to Mr. Mad'son, 236, 237. Let
ter from Madison to, respecting re
forms in thc Federal system, 255.
His arrival at Philadelphia, to at
tend the Federal Convention, 272.
Visits Franklin and Robert Morris,
ib. Elected Preaident of the Con
vention, 273. His vote in favor of
the unity of the Executive, 331.
Letter to Madison, cited, 357, n.
His vote on the election of the Ex
ecutive, 423. Change ofhis vote on
the origination of money bills. 439.
His opinion on the adoption of the
Constitntion in the Convention, 469.
Deference of the Convention for,
471. His remarks on the basis of
representation, i6. Letter from Madi
son to, 478. His letters to Gens
Lincoln and Knox, on the action of
New Hampshire in regard to the
Constitution, 526, n. Transmits
copies of the Constitution to Mr.
Henry, Col. Nelson, and Col- Har
rison, 531. Letter to Madison cited,
ib.j n. Extracts frum letters on the
opposition to the Constitution in
Virginia, 534. Letter to Madison
on the fentiments of members of
the Assembly, 535. Communication
to, on the pioceedings of the Vir
ginia Legislature, 537. Letter fr'm,
to Madison cited, 543. Letter to
Madison cited, 547. Reply of Madi
son, ib. Response of Washington.
548. His address to the states at
the close nf the war, referred to by
Madison, 584. Letter from Bushrod
AVashington to, 586. Letters from
Madison to. 599. 602, 603. His letter
to Gen. Pinckney, describing the
celebration of the ratitication of the
Constitution at Alexandria, 622.
Letieis Irom Madison to, on the action
of the New York Convention, 629.
Letters from Washing on to Gen.
Lincoln and Col. Lee on the same
subject, 630. 631. Letters from Madi
son to, on the seat of government,
634, 635, 636. His views on the
anti-Federal policy, 649. Elected
first I're-ident of the United States,
657. Is notified ofhis election, in.
2. Sets out for New York, ib. Ex
tract from his journal, 3. His ar

rival at New York and reception by
Congress, ib. His inaugural speech,
ib. Answer of the House of Repre
sentatives, 7. Titles proposed to be
annexed to the office of President,
9. His disappointment at i he action
ofthe Senate on the tonnage bill, 27.
Extract from his letter to L;r Stuart,
28. Letter from Madison to, on the
Eroposed seat of governnient, 60.
etter to Madi-on, 67. Extract
from Ifctters of Dr. Stuart to, 141.
Reply of Wai^hington, 142. His
embarrassment, in respect to the
bank bill, lb9. Letter to Pendleton
cited, 170, n. His levees at New
York, 175. Letter to Mr. Madison
cited, ih., n. Not identified with
either political party, 178. Tone of
the Southern S;ates, I'^O. Denun
ciations of, 197. Visit of Madison
to, 202. Embiirra'sment in regard
to the apportionment bill, 214.
Vetoes tbe bill, li 15. His intention
to dec. ine a re-election, 251. His in
terview with Madison, 252. Re
quests him to prepare a valedictory
address, 257. Lissensions in the
Cabinet, 261. Proclamation to en
force the exci-e, 265. Hs sanction
of the measures of Hamilton, 301.
His letter to Hamilton, in approba
tion of his course, 302. His second
letter to Hamilton, 304. Unani
mously re-elected as President, 308.
Letter to Lal'ayette, 317, n. His en
deavors to mamtuiuthe neutrality of
the L'nited States, 323. Proclama
tion by, 3^5. Question of convening
Congress at Pbiladdphia, 367.
Opening speech to CongVL'ss, 371.
Noii:iiiates Mr. Jay as Minister to
England, 412. Letter to Richard
Henry Lee cited, 412, n. In favor
of di&cri.uination in commercial leg
islation, 417. Letter to i-Riard Hen
ry Lee on the Algerine depredations,
and the conduct of Great liiitain,
432, n Proclamation aga'u&t the
insurrection in Penn.^iylvania, 454.
Proclaims a geneial anuiL-sty, 461.
bpeech at the opening of Congress,
462. Resignation of iiumiltun, 485.
Appointment of Oliver Wolcott, 487,
Indignant letter to Jlr. Jay on
British outrages, 495. His embar
rassment in regard to Mr. Ja3''s
treaty, 513. His objections to the
treaty. 515. LKter to Col Hamil
ton, 516. His determ nation not to
ratify the treaty until the repeal of
the "British order, 518. Fauchet's
despatch imparted to, 521. katiiies
the treaty, 522. Letter to Hamilton,

638

INDEX.

523. To Governeur llorris, 524.
Speech to Congress, 541. Response to
M. Adet, on the presentation of the
French colors, 545. Proclamation
announcing the ratificatinn of the
British treaty, 549. Declines to
communicate Mr. Jay's instructions
and corre-pondence, 554. Itecalls
Mr. Slimroe, and appoints Charles
Cotesworth Pinckney his successor,
578. Wasliington's farewell address,
ib. Speech at the opening of Con-
gi'e=s, 587 Attacliment of JIadison
to, 593. Sketch of his character, by
Madison, 594. His pacific attitude
towards France, 596. Close of his
admnistration, 597.
Washington, Col. Henry, 1643,1. 79.
Washington, Prof. Henry A., his dis
course before the Virginia Historical
Soeieiy cited, i. 138, n.
Wash ngton, Steptoe, in. 462, n.
Washington, Col William, i. 226.
Wayne, Gen. Anthony, i. 281, 287.
Wedderburn, Alex 'uder, i. IB.
Weedon, George, i. 91.
West India trade, i. 500 ; II. 9 ; III. 134,
138.
Westphalia, treaty of, i. 239.
" Wheaton's Reports," cited, i. 259, n.
White, Abralnim, his remnrks in the
Massachusett- Convention on the
Federal Constitution, ii. 523, n.
White, Ale.'C.inder, ii. 46, 73, 240, n.,
550, 562. In Congress, ill. 33, 116,
n., 272.
Whitehill. John, ir 515.
Wilkes, .Jolm, i. 12. His election to
Parliament nullified. 15.
William and Ilary College, i. 7, 11; it.
19. Confers the Degree of LL.D.
on JIadison, ii. 5.
William III., King of Great Britain,
parallel between his trials and
those of Washington, in. 178, 215,
n., 264.
Williamsburg, removal of gunpowder
from, by Gov Dunmore, i. 90. La
fayette's forces at, 289. The allied
army at, 290. 292. Proposed as the
Federal Capital. 491.
Williamson, Hugh, i. 363, 514;. iii.
272. His |iroposition to furlough
the troops enlisted for the war, 5U4,
505. A delegate to the Federal Con
vention, II. 304. Notice of, ib. His
action in the Convention, 391, 392,
395, 441, 459, 464, 471.
Willis, .John, i. 91.
Wilson, James, I. 371, 424, n., 438, n.,
439,461, 514 His remarks on the
conduct of the peace commissioners,
365. A delegate to the Federal
Convention, ii. 278. Notice of, ib.

Author of an address to the iri-
hiibi'ants of the United Colonies,
280. JIadison's account of the ad
dress, 281, n. His action in tho
Convention, 319, 320, 321, 322, 329,
330, 332, 333, 334, 335, 336, 346,
359, 362, 363, 364, 365, 374, 378,
382, 396, 398, 400, 401, 404, 410, n,,
420, 421, 424, 432, 433, 438, 442.
447, 457, 462, 463, 464, 481, n.
His defence of tlie Constitution,
515. Nominated as associate judge
of the Supreme Court, in. 67.
" Wilson's Works" cited, n. 72, n.,
280, n.
Wingate, Rev. John, his collection
of pamphlets in opposition to Con
gress, burned by order of the Com
mittee of Orange, i 96, 97.
Wirt, William, his letter to Judge Carr
cited, II. 241, n.
Wirt's " Life of Patrick Henry " cited,
I. 62, n., 64, n , 71, n,, 80, n,, 284, n ,
539, n. ; ii. 544, n,, 602, n.
Witherspoon, Rev. John, President of
Princeton College, i. 11, 16. 18, 19,
244, 315, 318, 367, n , 514 His attain
ments aud character, 16. His pat
riotism and public services, 17.
Makes collections for the funds of
the college, 19. Reforms in the
course of study introduced by, 20,
21. His relations with Madison, 25.
His proposition on the Virginia terri
torial claim, 459. Referred to a
Committee, 460. Ilisenrrespondence
on the conferring the Degree of
Doctor of Laws upon Madison, ii.
517, n.
AVolcott, Oliver, a commissioner to
make a treaty wiih the Indians at
Fort Schuvler, i. 582.
Wolcott. Oliver, Jr"", in. 424, n., 518
n,, 676. Appointed Secretarj' of
the Treasury, 487. His letter to
Col. Hamilton on Fauchet's de
spatch, 520. Letter to his father
cited, 566, n.
Wolcott, Koger, i. 363, 514.
Wormley, Ralph, Jr., ii. 550; in. 150,
n.
Wythe, (ieorge, i.73, 148,214,301, n.;
I'l. 5, 153, n , 550, 610. In the Con
vention of 1776, 122, 130, 134, 165.
On the Committee to revise the laws
of Virginia, 175, 653. Letter to Mr.
Madison, II. 6. Reply of Jlr. Madi
son, ib, A Commissioner to the
Philadelphia Convention, 136. No
tice of, 248. Style of his eloquence,
253, n. His opinion on the question
of judiciary power, 264. At the
Federal Convention, 273. His ac
tion in the Convention, 331. Fa-

INDEX.

639

vors the Constitution, 532. In the
Virginia Convention, 561. His
proposition for the ratification of the
Constitution, 604. His proposition
adopted, 606.

Yates, Robert, a delegate to the Fed
eral Convention, II. 298. Notice of,
ib. His action in the Convention,
344, 346, n., 884. His opposition to
the Constitution, ,395, n., 624. His

" Notes of Debates of the Federal
Convention," cited, ii. 347, n., 882, n.
Yellow fever at Philadelphia, in. 367.
York, James, Duke of, grant of New
York to, I. 466.
Yorktown, siege and surrender of, i.
292, 293. Official intelligence ofthe
surrender received by Congress,
295.

Zane, Mr., ii. 153, n.

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