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The Writings of James Madison, comprising his Public Papers and his Private Correspondence, including his numerous letters and documents now for the first time printed, ed. Gaillard Hunt (New York: G.P. Putnam’s Sons, 1900). Vol. 6.

Author: James Madison
Editor: Gaillard Hunt

Part of: The Writings of James Madison, 9 vols.

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TO THOMAS JEFFERSON.mad. mss.

Feb^y, 1798.

Dear Sir,—

Since my last I have rec^d yours of Feb^y 8, with a continuation of the Gazettes down to that date, with the exception only mentioned already of the Gazette of Jan^y 23. I am glad to find the public opinion to be taking the turn you describe on the subject of arming. For the public opinion alone can now save us from the rash measures of our hot-headed Executive: it being evident from some late votes of the House of Rep^s, particularly in the choice of Managers for the Impeachment, that a majority there as well as in the Senate are ready to go as far as the controul of their constituents will permit. There never was perhaps a greater contrast between two characters than between those of the present President & his predecessor, altho’ it is the boast & prop of the present that he treads in the steps of his predecessor. The one cool considerate & cautious, the other headlong & kindled into flame by every spark that lights on his passions: the one ever scrutinizing into the public opinion, and ready to follow where he could not lead it; the other insulting it by the most adverse sentiments & pursuits. W. a hero in the field, yet overweighing every danger in the Cabinet—A. without a single pretension to the character of a soldier, a perfect Quixotte as a statesman: the former chief magistrate pursuing peace every where with sincerity, tho’ mistaking the means; the latter taking as much pains to get into war, as the former took to keep out of it. The contrast might be pursued into a variety of other particulars—the policy of the one in shunning connections with the arrangements of Europe, of the other in holding out the U. S. as a makeweight in the Balances of power; the avowed exultation of W. in the progress of liberty every where, & his eulogy on the Revolution & people of France posterior even to the bloody reign & fate of Robespierre—the open denunciations by Adams of the smallest disturbance of the ancient discipline order & tranquillity of despotism, &c &c &c. The affair of Lyon & Griswold1 is bad eno’ every way, but worst of all in becoming a topic of tedious & disgraceful debates in Congress. There certainly could be no necessity for removing it from the decision of the parties themselves before that tribunal, & its removal was evidently a sacrifice of the dignity of the latter to the party manœuvre of ruining a man whose popularity & activity were feared. If the state of the House suspended its rules in general, it was under no obligation to see any irregularity which did not force itself into public notice; and if Griswold be a man of the sword, he sh^d not have permitted the step to be taken, if not, he does not deserve to be avenged by the House. No man ought to reproach another with cowardice, who is not ready to give proof of his own courage. I have taken some pains but in vain to find out a person who will engage to carry the Mail from Fred^g. to Charlottesville. When I was in the neighbourhood of the latter I suggested the propriety of an effort there for the purpose, but do not know that it will be more successful. Our winter has continued without snow & rather dry, and our Wheat fields wear the most discouraging aspect.

Adieu.

TO THOMAS JEFFERSON.mad. mss.

April 2d, 1798.

Dear Sir,—

Since my last, I am in debt for your two favors of the 15th & 22, the Gazettes of the 3, 6 7 & 8 Ulto, with a regular continuation to the 22d—two statements from the Treasury Department, and Paine’s letter to the French people & armies. The President’s message1 is only a further development to the public, of the violent passions, & heretical politics, which have been long privately known to govern him. It is to be hoped however that the H. of Rep^s will not hastily eccho them. At least it may be expected that before war measures are instituted, they will recollect the principle asserted by 62 vs. 37, in the case of the Treaty, and insist on a full communication of the intelligence on which such measures are recommended. The present is a plainer, if it be not a stronger case, and if there has been sufficient defection to destroy the majority which was then so great & so decided, it is the worst symptom that has yet appeared in our Councils. The constitution supposes, what the History of all Govts demonstrates, that the Ex. is the branch of power most interested in war, & most prone to it. It has accordingly with studied care, vested the question of war in the Legisl. But the Doctrines lately advanced strike at the root of all these provisions, and will deposit the peace of the Country in that Department which the Constitution distrusts as most ready without cause to renounce it. For if the opinion of the P. not the facts & proofs themselves are to sway the judgment of Congress, in declaring war, and if the President in the recess of Congr^s. create a foreign mission, app^t. the minister, & negociate a War Treaty, without the possibility of a check even from the Senate, untill the measures present alternatives overruling the freedom of its judgment; if again a Treaty when made obliges the Legis. to declare war contrary to its judgment, and in pursuance of the same doctrine, a law declaring war, imposes a like moral obligation, to grant the requisite supplies until it be formally repealed with the consent of the P. & Senate, it is evident that the people are cheated out of the best ingredients in their Gov^t, the safeguards of peace which is the greatest of their blessings. I like both your suggestions in the present crisis. Congress ought clearly to prohibit arming, & the P. ought to be brought to declare on what ground he undertook to grant an indirect licence to arm. The first instructions were no otherwise legal than as they were in pursuance of the law of Nations, & consequently in execution of the law of the land. The revocation of the instructions is a virtual change of the law, & consequently a usurpation by the Ex. of a legislative power. It will not avail to say that the law of Nations leaves this point undecided, & that every nation is free to decide it for itself. If this be the case, the regulation being a Legislative not an Executive one, belongs to the former, not the latter Authority; and comes expressly within the power, “to define the law of Nations,” given to Congress by the Constitution. I do not expect however that the Constitutional party in the H. of R. is strong enoto do what ought to be done in the present instance. Your 2^d idea that an adjournment for the purpose of consulting the constituents on the subject of war, is more practicable because it can be effected by that branch alone if it pleases, & because an opposition to such a measure will be more striking to the public eye. The expedient is the more desirable as it will be utterly impossible to call forth the sense of the people generally before the season will be over, especially as the Towns, &c., where there can be most despatch in such an operation are on the wrong side, and it is to be feared that a partial expression of the public voice, may be misconstrued or miscalled, an evidence in favor of the war party. On what do you ground the idea that a decln of war requires ⅔ of the Legislature? The force of your remark however is not diminished by this mistake, for it remains true, that measures are taking or may be taken by the Ex. that will end in war, contrary to the wish of the Body which alone can declare it.

TO THOMAS JEFFERSON.mad. mss.

April 15, 1798.

Dear Sir,—

My last answered yours of the 21, since which I recd on friday last your three favors of the 29 Ult. of Apl 5 & 6.1 I have no reason to suspect that any of your letters have miscarried, or been opened by the way. I am less able to say whether mine have all reached you, as I have generally written them in haste, & neglected to keep a note of their dates. I will thank you to mention in your acknowledgement of this, whether you recd one from me inclosing a letter to F. A. Muhlenburg, & whether he certainly rec^d it. It related to a case of humanity & required an answer which has never come to hand.

The effect of the P’^s speech in F. is less to be wondered at, than the speech itself, with other follies of a like tendency is to be deplored. Still the mode & degree of resisting them is rather meeting folly with folly, than consulting the true dignity & interest which ought to prescribe such cases. The conduct of Taleyrand is so extraordinary as to be scarcely credible. I do not allude to its depravity, which, however heinous, is not without examples. Its unparalleled stupidity is what fills one with astonishment. Is it possible that a man of sagacity as he is admitted to be, who has lived long eno. in this Country to understand the nature of our Govt—who could not be unaware of the impossibility of secrecy & the improbability of success in pursuing his propositions thro’ the necessary forms, who must have suspected the Ex. rather of a wish to seize pretexts for widening the breach between the two Republics, than to make use of any means however objectionable to reconcile their differences; who must have been equally suspicious of the probable inclination of some one or other of the Envoys—is it possible, that such a man under such circumstances, could have committed both his character & safety, by such a proposition? If the evidence be not perfectly conclusive, of which I cannot judge, the decision ought to be agst the evidence, rather than on the side of the infatuation. It is easy to foresee however the zeal & plausibility with which this part of the despatches will be inculcated, not only for the general purpose of enforcing the war measures of the Ex. but for the particular purpose of diverting the public attention from the other more important part, which shews the speech & conduct of the P. to be now the great obstacle to accommodation. This interesting fact must nevertheless finally take possession of thinking minds; and strengthen the suspicion, that whilst the Ex. were pursuing ostensible plans of reconciliation, and giving instructions which might wear that tendency, the success of them was indirectly counterworked by every irritation & disgust for which opportunities could be found in official speeches & messages, answers to private addresses harangues in Congress and the vilest insults & calumnies of Newspapers under the patronage of Government. The readiness with which the papers were communicated & the quarter proposing the call for them, would be entitled to praise, if a mass of other circumstances did not force a belief that the view in both, was more to inflame than to inform the public mind. It is not improbable that the influence of the first impressions in checking the rising spirit in N. England, and bearing up the party of Jay in N. Y. whose reelection is brought into danger by the pestilent consequences experienced from his Treaty, had considerable share in the motive.

The negative declaration proposed by Mr. S.1 is liable to so many specious objections, that I shall be surprised if a willing majority does not take advantage of them. In ordinary cases, the mode of proceeding is certainly ineligible. But it seems equally obvious that cases may arise, for which that is the proper one. Three of these occur, where there poes not appear any room to doubt on the subject. 1. where nothing less than a declaration of pacific intentions from the department entrusted with the power of war, will quiet the apprehensions of the constituent body, or remove an uncertainty which subjects one part of them to the speculating arts of another. 2. where it may be a necessary antidote to the hostile measures or language of the Ex. Departmt. If war sentiments be delivered in a speech to Congress which admits of a direct answer, & the sentiments of Congress be against war it is not doubted that the counter sentiments might & ought to be expressed in the answer. Where an extra message delivers like sentiments, and custom does not permit a like explanation of the sentiments of the Legislature, there does not appear any equivalent mode of making it, except that of an abstract vote. 3. Where public measures or appearances, may mislead another nation into distrust of the real object of them, the error ought to be corrected; and in our Gov^t—where the question of war or peace lies with Congress, a satisfactory explanation cannot issue from any other Department. In Govts where the power of deciding on war is an Ex. prerogative it is not unusual for explanations of this kind to be given either on the demands of foreign Nations, or in order to prevent their improper suspicions. Should a demand of this sort be at any time made on our Gov^t.—the answer must proceed, if thro’ an Executive functionary, from the war prerogative, that is, from Congr—and if an answer could be given, on demand, a declaration without a demand may certainly be made with equal propriety, if there be equal occasion for it. The discovery of Mr. A.’s dislike to the City of Washington will cause strong emotions. What sort of conscience is that which feels an obligation on the Gov^t to remove thither, and a liberty to quit it the next day? The objection to the magnificence of the President’s House belongs to a man of very different principles from those of Mr. A. The increase of expence therefore without a probable increase of salary in proportion, must be the real ground of objection. I have looked over the two papers which you consider as so threatening in their tendency.1 They do not, I own, appear to me exactly in the same light; nor am I by any means satisfied that they are from the pen you ascribe them to. If they are, there certainly has been a disguise aimed at in many features of the stile. I differ still more from you as to the source from which an antidote, if necessary, ought to come. But waiving every thing of that sort, there is really a crowd & weight of indispensable occupations, on my time, which it would be very tedious to explain, but wch I pledge myself, will justify me in leaving such tasks to others, not only commanding more time for them, but in every respect more favorably situated for executing them with advantage & effect. And it is with no small pleasure I observe that some pens are employed which promise the public all the lights with respect to their affairs, which can be conveyed to them thro’ the channels of the press.

It is now become certain that not half crops of wheat can be made. Many will not get back more than their seed, & some not even that. We have lately had a severe spell of N. E. rain, which in this neighbourhood swept off at least 15 Per C^t of the Cattle; and from accts in different directions it appears to have been equally fatal. We are at present in the midst of a cold N. W. spell, which menaces the fruit. The tops of the Blue Mountains are tinged with snow, & the Therm^r this morning was at 31°. It does not appear however that the mischief is yet done. The coming night, if no sudden change takes place, must, I think, be fatal.

If Mr. Bailey has not yet taken up his note, be so good as to have the inclosed forwarded to him.

TO THOMAS JEFFERSON.1mad. mss.

May 20, 1798.

The Alien bill2 proposed in the Senate is a monster that must forever disgrace its parents. I should not have supposed it possible that such an one could have been engendered in either House, & still persuade myself, that it cannot possibly be fathered by both. It is truly to be deplored that a standing army should be let in upon us by the absence of a few sound votes. It may however all be for the best. These addresses to the feelings of the people from their enemies may have more effect in opening their eyes, than all the arguments addressed to their understandings by their friends. The President, also, seems to be co-operating for the same purpose. Every answer he gives to his addressers unmasks more and more his principles & views. His language to the young men at Ph^a. is the most abominable & degrading that could fall from the lips of the first magistrate of an independent people, & particularly from a Revolutionary patriot. It throws some light on his meaning when he remarked to me, “that there was not a single principle the same in the American & French Revolutions;” & on my alluding to the contrary sentiment of his predecessor expressed to Adêt on the presentment of the Colours, added, “that it was false let who would express it.” The abolition of Royalty was it seems not one of his Revolutionary principles. Whether he always made this profession is best known to those, who knew him in the year 1776.—The turn of the elections in N. Y. is a proof that the late occurrences have increased the noise only & not the number of the Tory party. Besides the intrinsic value of the acquisition, it will encourage the hopes & exertions in other States. You will see by the Newspapers the turn which a Townmeeting took in Fredericks^bg. I forgot to acknowledge the pamphlet containing the last Despatch from the Envoys recd with your letter of the 10th. It is evidently more in the forensic than Diplomatic stile, and more likely in some of its reasonings to satisfy an American Jury than the French Government. The defence of the provision article is the most shallow that has appeared on that subject. In some instances the reasoning is good, but so tedious and tautologous as to insult the understanding as well as patience of the Directory, if really intended for them, and not for the partial ear of the American public. The want of rain begins to be severely felt, and every appearance indicates a continuance of it. Since the 10th of April there has fallen but one inch of water, except a very partial shower of less than ½ an inch.

Adieu. Affec^ly

TO THOMAS JEFFERSON.mad. mss.

June 3, 1798.

Dear Sir,—

Friday’s mail brought me your favor of May 24. The letter from S. Bourne had previously reached us thro’ a Fred^g paper. It is corroborated I find by several accounts from different sources. These rays in the prospect will if I can judge from the sensations in this quarter, have an effect on the people very different from that which appears in the public councils. Whilst it was expected that the unrelenting temper of France would bring on war, the mask of peace was worn by the war party. Now that a contrary appearance on the side of France is intimated, the mask is dropped, and the lye openly given to their own professions by pressing measures which must force France into War. I own I am not made very sanguine by the reported amendment in the posture of our Negociators, first because the account may not be very correct, and next because there are real difficulties to be overcome, as well as those which the pride of one or other of the parties may create, not to mention the probable arrival of what has passed here before the scene is closed there. But the palpable urgency of the Ex. & its partizans to press war in proportion to the apparent chance of avoiding it, ought to open every eye to the hypocrisy which has hitherto deceived so many good people. Should no such consequence take place it will be a proof of infatuation which does not admit of human remedy. It is said, and there are circumstances which make me believe it, that the hot-headed proceedings of Mr. A. are not well relished in the cool climate of Mount Vernon. This I think may fairly be inferred from the contrast of characters and conduct, but if it has been expressed it must have been within a very confidential circle. Since my last there has been a sequel of fine & extensive rains. We have had a tolerable, tho’ not an equal or sufficient share of them. Your neighbourhood, I fancy, has fared better.

If Barnes has not sent off the Glass pullies &c. please to order as much of the proper chord as will be wanted for the latter.

Very aff^y y^r

TO THOMAS JEFFERSON.mad. mss.

June 10, 1798.

Dear Sir,—

I have duly received your favor of the 31 Ult: & am glad to find mine are recd as regularly as yours. The law for capturing French privateers may certainly be deemed a formal commencement of hostilities, and renders all hope of peace vain, unless a progress in amicable arrangements at Paris not to be expected, should have secured it agst the designs of our Goverm^t. If the Bill suspending commerce with the French Dominions passes, as it doubtless will, the French Government will be confirmed in their suspicion begotten by the British Treaty, of our coalition in the project of starving their people, and the effect of the measure will be to feed the English at the expence of the farmers of this Country. Already flour is down, I hear, at 4 dollars a barrel. How far the views of the Gov^t will be answd by annihilating the ability to pay a land tax at the very moment of imposing it, will be best explained by the experim^t. Looking beyond the present moment it may be questioned whether the interest of G. B. will be as much advanced by the sacrifice of our trade with her enemies as may be intended. The use of her manufactures here depends on our means of payment, & then on the sale of our produce to the markets of her enemies. There is too much passion, it seems in our Councils to calculate consequences of any sort. The only hope is that its violence by defeating itself may save the Country. The answers of Mr. Adams to his addressers form the most grotesque scene in the tragicomedy acting by the Goverm^t. They present not only the grossest contradictions to the maxims measures & language of his predecessor and the real principles & interests of his Constituents, but to himself. He is verifying compleatly the last feature in the character drawn of him by Dr. F., however his title may stand to the two first, “Always an honest man, often a wise one, but sometimes wholly out of his senses.” I thank you for the offspring of the Senatorial Muse, which shall be taken care of. It is truly an unique. It is not even prose run mad.1 Monroe is much at a loss what course to take in consequence of the wicked assault on him by Mr. A. and I am as much so as to the advice that ought to be given him. It deserves consideration perhaps that if the least occasion be furnished for reviving Governmental attention to him, the spirit of party revenge may be wreaked thro’ the forms of the Constitution. A majority in the H. of R. & ⅔ of the Senate seem to be ripe for everything. A temperate & dignified animadversion on the proceeding, published with his name, as an appeal to the candor & justice of his fellow Citizens agst the wanton & unmanly treatment, might perhaps be of use. But it w^d be difficult to execute it in a manner to do justice to himself, & inflict it on his adversary, without clashing with the temper of the moment. Hoping for the pleasure of congratulating you soon, on your release from your painful situation, I close with the most affectionate assurance that I am yours2

RESOLUTIONS OF 1798.1

In the House of Delegates

Friday, December 21, 1798.

[1.] Resolved, That the General Assembly of Virginia doth unequivocally express a firm resolution to maintain and defend the Constitution of the United States, and the Constitution of this State, against every aggression either foreign or domestic, and that they will support the Government of the United States in all measures warranted by the former.

[2.] That this Assembly most solemnly declares a warm attachment to the Union of the States, to maintain which it pledges all its powers; and that, for this end, it is their duty to watch over and oppose every infraction of those principles which constitute the only basis of that Union, because a faithful observance of them can alone secure its existence and the public happiness.

[3.] That this Assembly doth explicitly and peremptorily declare that it views the powers of the Federal Government as resulting from the compact to which the States are parties, as limited by the plain sense and intention of the instrument constituting that compact; as no further valid than they are authorized by the grants enumerated in that compact; and that, in case of a deliberate, palpable, and dangerous exercise of other powers not granted by the said compact, the States, who are parties thereto, have the right and are in duty bound to interpose for arresting the progress of the evil, and for maintaining within their respective limits the authorities, rights, and liberties appertaining to them.

[4.] That the General Assembly doth also express its deep regret, that a spirit has in sundry instances been manifested by the Federal Government to enlarge its powers by forced constructions of the constitutional charter which defines them; and that indications have appeared of a design to expound certain general phrases (which, having been copied from the very limited grant of powers in the former Articles of Confederation, were the less liable to be misconstrued) so as to destroy the meaning and effect of the particular enumeration which necessarily explains and limits the general phrases; and so as to consolidate the States, by degrees, into one sovereignty, the obvious tendency and inevitable result of which would be to transform the present republican system of the United States into an absolute, or, at best, a mixed monarchy.

[5.] That the General Assembly doth particularly protest against the palpable and alarming infractions of the Constitution in the two late cases of the “Alien and Sedition Acts,” passed at the last session of Congress; the first of which exercises a power nowhere delegated to the Federal Government and which, by uniting legislative and judicial powers to those of [the] executive, subvert the general principles of free government, as well as the particular organization and positive provisions of the Federal Constitution; and the other of which acts exercises, in like manner, a power not delegated by the Constitution, but, on the contrary, expressly and positively forbidden by one of the amendments thereto,—a power which more than any other, ought to produce universal alarm, because it is levelled against the right of freely examining public characters and measures, and of free communication among the people thereon, which has ever been justly deemed the only effectual guardian of every other right.

[6.] That this State having by its Convention which ratified the Federal Constitution expressly declared that, among other essential rights, “the liberty of conscience and of the press cannot be cancelled, abridged, restrained or modified by any authority of the United States,” and from its extreme anxiety to guard these rights from every possible attack of sophistry or ambition, having, with other States, recommended an amendment for that purpose, which amendment was in due time annexed to the Constitution,—it would mark a reproachful inconsistency and criminal degeneracy, if an indifference were now shown to the palpable violation of one of the rights thus declared and secured, and to the establishment of a precedent which may be fatal to the other.

[7.] That the good people of this Commonwealth, having ever felt and continuing to feel the most sincere affection for their brethren of the other States, the truest anxiety for establishing and perpetuating the union of all and the most scrupulous fidelity to that Constitution, which is the pledge of mutual friendship, and the instrument of mutual happiness, the General Assembly doth solemnly appeal to the like dispositions of the other States, in confidence that they will concur with this Commonwealth in declaring, as it does hereby declare, that the acts aforesaid are unconstitutional; and that the necessary and proper measures will be taken by each for co-operating with this State, in maintaining unimpaired the authorities, rights, and liberties reserved to the States respectively, or to the people.

[8.] That the Governor be desired to transmit a copy of the foregoing resolutions to the Executive authority of each of the other States, with a request that the same may be communicated to the Legislature thereof; and that a copy be furnished to each of the Senators and Representatives representing this State in the Congress of the United States.

Attest:

John Stewart.

1798, December 24. Agreed to by the Senate.

H. Brooke.

A true copy from the original deposited in the office of the General Assembly.

John Stewart,Keeper of Rolls.

[1 ]Griswold called Lyon (not in debate) a coward, whereupon Lyon spat in Griswold’s face and the two engaged in fisticuffs on the floor of the House.

[1 ]Of March 19th.

[1 ]In the letter of April 6th. Jefferson gave him the gist of the “X. Y. Z.” correspondence.

[1 ]Sprigg, of Md.’s, resolution was that it was inexpedient to go to war with France.

[1 ]The papers appeared in Fenno’s United States Gazette, signed “Marcellus” and were not, as Jefferson supposed, by Hamilton. “For heaven’s sake, then take up your pen, and do not desert the public cause altogether,” Jefferson wrote to Madison, April 5th.—Writings (Ford), vii. 231.

[1 ]The beginning of the letter relates entirely to building supplies which he wished Jefferson to procure for him.

[2 ]April 26th Jefferson wrote: “One ofthe war party, in a fit of unguarded passion, declared some time ago they would pass a citizen bill, an alien bill, and a sedition bill; accordingly, some days ago, Coit laid a motion on the table of the H of R for modifying the citizen law” Writings (Ford), vii., 244. May 3d he wrote: “The alien bill, proposed by the Senate, has not yet been brought in. That proposed by the H of R has been so moderated, that it will not answer the passionate purposes of the war gentlemen” (Id., 247). The Senate bill reached Madison just before he wrote his letter of May 20th. This marks the beginning of his consideration of the subject.

[1 ]“I enclose for your perusal a poem on the alien bill, written by Mr. Marshall.”—Jefferson to Madison, May 31, 1798, Writings (Ford), vii., 262.

[2 ]Congress adjourned July 16 to December 1. The alien bill was passed July 6, the sedition July 14, the naturalization bill was approved June 18. Jefferson went back to Monticello immediately after the adjournment, and he and Madison had few occasions for writing to each other during that summer.

[1 ]Madison intended to make his retirement from public life permanent and was busy with his farm and building additions to his house when the crisis drew him into public activity. Jefferson, George Nicholas, and himself consulted and agreed to concerted action on the part of Kentucky and Virginia against the alien and sedition laws, but Madison never saw the Kentucky resolutions until they were published. See his defence of both the Kentucky and Virginia resolutions against the charge that they embodied the principle of nullification, post, 1835-’36; also Warfield’s Kentucky Resolutions of 1798. Madison gave the Virginia resolutions to John Taylor of Caroline to introduce, and but one alteration was made in the original draft. Paragraph 4, as Madison prepared it, was “. . . as it does hereby declare, that the acts aforesaid, are unconstitutional, null, void and of no effect,” the words in italics being struck out as unnecessary repetition. Nevertheless, Madison was not perfectly easy in his mind over the question of whether the legislature was really the proper body for making the protest, as the following letter shows:

TO THOMAS JEFFERSON.

Decr 29, 1798.

Dear Sir,—

I inclose a draught on Genl Moylan, out of which you will be pleased to pay yourself the price of the Nails, £48-11. 3d., Va. Cy to let Barnes have as much as will discharge the balance I owe him, & to let what may remain lie till I write to you again.The P’s speech corresponds pretty much with the idea of it which was preconceived. It is the old song with no other variation of the tune than the spirit of the moment was thought to exact. It is evident also that he rises in his pitch as the ecchoes of the S. & H. of R. embolden him, & particularly that he seizes with avidity that of the latter flattering his vigilance & firmness agst. illusory attempts on him, without noticing, as he was equally invited, the allusion to his pacific professions. The Senate as usual perform their part with alacrity in counteracting peace by dextrous provocations to the pride & irritability of the French Govt. It is pretty clear that their answer was cooked in the same shop with the speech.1 The of the former calculated to impose on the public mind here, & the virulence of the latter still more calculated to draw from France the war, which cannot be safely declared on this side, taste strongly of the genius of that subtle partizan of England who has contributed so much to the public misfortunes. It is not difficult to see how A. could be made a puppet thro the instrumentality of creatures around him, nor how the Senate could be managed by similar artifice.

I have not seen the Result of the discussions at Richmond on the alien & sedition laws. It is to be feared their zeal may forget some considerations which ought to temper their proceedings. Have you ever considered thoroughly the distinction between the power of the State & that of the Legislature, on questions relating to the federal pact. On the supposition that the former is clearly the ultimate Judge of infractions, it does not follow that the latter is the legitimate organ especially as a Convention was the organ by which the compact was made. This was a reason of great weight for using general expressions that would leave to other States a choice of all the modes possible of concurring in the substance, and would shield the Genl Assembly agst the charge of Usurpation in the very act of protesting agst the usurpations of Congress.1 I have not forgotten my promise of McGeehee’s prices, but cd not conveniently copy them for the present mail.—Mad. MSS.

TO THOMAS JEFFERSON.

Feby 8, 1799.

Dear Sir

I did not receive your last favor of the 16th Ulto till the mail after it was due, with the further delay of its coming by the way of Charlottesville. The last mail brought me not a single Newspaper, tho’ it was before in arrears. That there is foul play with them I have no doubt. When it really happens that the entire Mass cannot be conveyed, I suspect that the favorite papers are selected, and the others laid by; and that when there is no real difficulty the pretext makes room for the same partiality. The idea of publishing the Debates of the Convention ought to be well weighed before the expediency of it, in a public as well as personal view be decided on. Besides the intimate connection between them the whole volume ought to be examined with an eye to the use of which every part is susceptible. In the Despotism at present exercised over the rules of construction, and [illegible] reports of the proceedings that would perhaps be made out & mustered for the occasion, it is a problem what turn might be given to the impression on the public mind. But I shall be better able to form & explain my opinion by the time, which now approaches when I shall have the pleasure of seeing you. And you will have the advantage of looking into the sheets attentively before you finally make up your own. I have had a glance at Gerry’s communications & P.s Report on it. It is impossible for any man of candor not to see in the former an anxious desire on the part of France for accommodation, mixed with the feelings which Gerry satisfactorily explains. The latter a narrow understanding and a most malignant heart. Taken, however, in combination with preceding transactions, it is a link that fits the chain. The P. could not do less in his speech than allow France an option of peace, nor his Minister do more than to insult & exasperate her if possible, into a refusal of it.

Inclosed is a letter to Barnes with two orders which I hope will suffice both for you & him. Should there be any deficit I can now make it up here on your return where possibly it may be more convenient for you to receive it. I inclose also a few more observations which are submitted to your discretion, under the usual reservation. They were sketched prior to the arrival of P’s Report, to which they may appear to have reference; or they might have assumed still more of that aspect. The impression of your Seals have not been very distinct, but there has been no other suspicious circumstance attending them. I put into the letter to Barnes, the last of them that you may judge yourself of the appearance. If you find it not inconvenient in your strolls to buy me a cheap diamond [for cutting glass] & bring it with you, I shall be obliged to you to take that trouble. An indifferent one which I now have lost, and wish to replace it.—Mad. MSS.

TO THOMAS JEFFERSON.

Decr 29, 1798.

Dear Sir,—

TO THOMAS JEFFERSON.

Feby 8, 1799.

Dear Sir

[1 ]The following paragraph was omitted in the Congressional Edition of Madison’s Works.

[1 ]The Virginia plan provided for “Conventions under appointment of the people to ratify the new Constitution,” and Madison said in the debate in the convention that he thought the provision essential. (Ante, Vol. III., 94; also IV., 39, 45, 147, 164, 226, 344, 415, 418, 447.)

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1798: TO THOMAS JEFFERSON. mad. mss. - James Madison, The Writings, vol. 6 (1790-1802) [1906]

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TO THOMAS JEFFERSON.mad. mss.

Dear Sir,—

TO THOMAS JEFFERSON.mad. mss.

Dear Sir,—

TO THOMAS JEFFERSON.mad. mss.

Dear Sir,—

TO THOMAS JEFFERSON.1mad. mss.

Adieu. Affecly

TO THOMAS JEFFERSON.mad. mss.

Dear Sir,—

Very affy yr

TO THOMAS JEFFERSON.mad. mss.

Dear Sir,—

RESOLUTIONS OF 1798.1

TO THOMAS JEFFERSON.

Dear Sir,—

TO THOMAS JEFFERSON.

Dear Sir

TO THOMAS JEFFERSON.

Dear Sir,—

TO THOMAS JEFFERSON.

Dear Sir

Adieu. Affec^ly

Very aff^y y^r