James Madison Part 2

[Footnote 7: For the details, so far as they can now be recalled, of this single romantic incident in Mr. Madison's life, I am indebted to Nicoll Floyd, Esq., of Moriches, Long Island, a great-grandson of General William Floyd.]

CHAPTER IV

IN THE STATE a.s.sEMBLY

As the election of the same delegate to Congress for consecutive sessions was then forbidden by the law of Virginia, Mr. Madison was not returned to that body in 1784. For a brief interval of three months he made good use of his time, we are told, by continuing his law studies, till in the spring of that year he was chosen to represent his county in the Virginia a.s.sembly. It may be that "the sentiments and manners of the parent nation," which he lamented seven years before, had pa.s.sed away, and n.o.body now insisted upon the privilege of getting drunk at the candidate's expense before voting for him. But it is more likely that the electors had not changed. The difference was in the candidate; they did not need to be allured to give their votes to a man whom they were proud to call upon to represent the county. Mr. Madison's reputation was already made by his three years in Congress, and he now easily took a place among the political leaders of his own State.

The position was hardly less conspicuous or less influential than that which he had held in the national Congress. What each State might do was of quite as much importance as anything the federal government might or could do. Congress could neither open nor close a single port in Virginia to commerce, whether domestic or foreign, without the consent of the State; it could not levy a tax of a penny on anything, whether goods coming in or products going out, if the State objected. As a member of Congress, Mr. Madison might propose or oppose any of these things; as a member of the Virginia House of Delegates, he might, if his influence was strong enough, carry or forbid any or all of them, whatever might be the wishes of Congress. It was in the power of Virginia to influence largely the welfare of her neighbors, so far as it depended upon commerce, and indirectly that of every State in the Union.

In the a.s.sembly, as in Congress, Mr. Madison's aim was to increase the powers of the federal government, for want of which it was rapidly sinking into imbecility and contempt. "I acceded," he says, "to the desire of my fellow-citizens of the county that I should be one of its representatives in the legislature," to bring about "a rescue of the Union and the blessings of liberty staked on it from an impending catastrophe." Early in the session the a.s.sembly a.s.sented to the amendment to the Articles of Confederation proposed at the late session of Congress, which subst.i.tuted population for a land valuation as the basis of representation and of taxation. The a.s.sembly also a.s.serted that all requisitions upon the States for the support of the general government and to provide for the public debt should be complied with, and payment of balances on old accounts should be enforced; and it a.s.sented to the recommendation of Congress that that body should have power for a limited period to control the trade with foreign nations having no treaty with the United States, in order that it might retaliate upon Great Britain for excluding American ships from her West India colonies. All these measures were designed for "the rescue of the Union," and they had, of course, Madison's hearty support. For it was absolutely essential, as he believed, that something should be done if the Union was to be saved, or to be made worth saving. But there were obstacles on all sides. The commercial States were reluctant to surrender the control over trade to Congress; in the planting States there was hardly any trade that could be surrendered. In Virginia the tobacco planter still clung to the old ways. He liked to have the English ship take his tobacco from the river bank of his own plantation, and to receive from the same vessel such coa.r.s.e goods as were needed to clothe his slaves, with the more expensive luxuries for his own family,--dry goods for his wife and daughter; the pipe of madeira, the coats and breeches, the hats, boots, and saddles for himself and his sons. He knew that this year's crop went to pay--if it did pay--for last year's goods, and that he was always in debt. But the debt was on running account, and did not matter. The London factor was skillful in charges for interest and commissions, and the account for this year was always a lien on next year's crop. He knew, and the planter knew, that the tobacco could be sold at a higher price in New York or Philadelphia than the factor got, or seemed to get, for it in London; that the goods sent out in exchange were charged at a higher price than they could be bought for in the Northern towns. Nevertheless, the planter liked to see his own hogsheads rolled on board ship by his own negroes at his own wharf, and receive in return his own boxes and bales shipped direct from London at his own order, let it cost what it might. It was a shiftless and ruinous system; but the average Virginia planter was not over-quick at figures, nor even at reading and writing. He was proud of being lord of a thousand or two acres, and one or two hundred negroes, and fancied that this was to rule over, as Mr. Rives called it, "a mimic commonwealth, with its foreign and domestic relations, and its regular administrative hierarchy." He did not comprehend that the isolated life of a slave plantation was ordinarily only a kind of perpetual barbecue, with its rough sports and vacuous leisure, where the roasted ox was largely wasted and not always pleasant to look at. There was a rude hospitality, where food, provided by unpaid labor, was cheap and abundant, and where the host was always glad to welcome any guest who would relieve him of his own tediousness; but there was little luxury and no refinement where there was almost no culture. Of course there were a few homes and families of another order, where the women were refined and the men educated; but these were the exceptions. Society generally, with its bluff, loud, self-confident but ignorant planters, its numerous poor whites dest.i.tute of lands and of slaves, and its ma.s.s of slaves whose aim in life was to avoid work and escape the whip, was necessarily only one remove from semi-civilization.

It was not easy to indoctrinate such a people, more arrogant than intelligent, with new ideas. By the same token it might be possible to lead them into new ways before they would find out whither they were going. Mr. Madison hoped to change the wretched system of plantation commerce by a port bill, which he brought into the a.s.sembly. Imposts require custom-houses, and obviously there could not be custom-houses nor even custom-officers on every plantation in the State. The bill proposed to leave open two ports of entry for all foreign ships. It would greatly simplify matters if all the foreign trade of the State could be limited to these two ports only. It would then be easy enough to enforce imposts, and the State would have something to surrender to the federal government to help it to a revenue, if, happily, the time should ever come when all the States should a.s.sent to that measure of salvation for the Union. Not that this was the primary object of those who favored this port law; but the question of commerce was the question on which everything hinged, and its regulation in each State must needs have an influence, one way or the other, upon the possibility of strengthening, even of preserving, the Union. Everything depended upon reconciling these state interests by mutual concessions. The South was jealous of the North, because trade flourished at the North and did not flourish at the South. It seemed as if this was at the expense of the South, and so, in a certain sense, it was. The problem was to find where the difficulty lay, and to apply the remedy.

If commerce flourished at the North, where each of the States had one or two ports of entry only, why should it not flourish in Virginia if regulated in the same way? If those centres of trade bred a race of merchants, who built their own ships, bought and sold, did their own carrying, competed with and stimulated each other, and encroached upon the trade of the South, why should not similar results follow in Virginia if she should confine her trade to two or three ports? If the buyer and the seller, the importer and the consumer, went to a common place of exchange in Philadelphia, New York, and Boston, and prosperity followed as a consequence, why should they not do the same thing at Norfolk? This was what Madison aimed to bring about by the port bill.

But it was impossible to get it through the legislature till three more ports were added to the two which the bill at first proposed. When the planters came to understand that such a law would take away their cherished privilege of trade along the banks of the rivers, wherever anybody chose to run out a little jetty, the opposition was persistent.

At every succeeding session, till the new federal Const.i.tution was adopted, an attempt was made to repeal the act; and though that was not successful, each year new ports of entry were added. It did not, indeed, matter much whether the open ports of Virginia were two or whether they were twenty. There was a factor in the problem which neither Mr. Madison nor anybody else would take into the account. It was possible, of course, if force enough were used, to break up the traffic with English ships on the banks of the rivers; but when that was done, commerce would follow its own laws, in spite of the acts of the legislature, and flow into channels of its own choosing. It was not possible to trans.m.u.te a planting State, where labor was enslaved, into a commercial State, where labor must be free.

However desirous Mr. Madison might be to transfer the power over commerce to the federal government, he was compelled, as a member of the Virginia legislature, to care first for the trade of his own State. No State could afford to neglect its own commercial interests so long as the thirteen States remained thirteen commercial rivals. It was becoming plainer and plainer every day that, while that relation continued, the less chance there was that thirteen petty, independent States could unite into one great nation. No foreign power would make a treaty with a government which could not enforce that treaty among its own people.

Neither could any separate portion of that people make a treaty, as any other portion, the other side of an imaginary line, need not hold it in respect. What good was there in revenue laws, or, indeed, in any other laws in Ma.s.sachusetts which Connecticut and Rhode Island disregarded? or in New York, if New Jersey and Pennsylvania laughed at them? or in Virginia, if Maryland held them in contempt?

But Mr. Madison felt that, if he could bring about a healthful state of things in the trade of his own State, there was at least so much done towards bringing about a healthful state of things in the commerce of the whole country. There came up a practical, local question which, when the time came, he was quick to see had a logical bearing upon the general question. The Potomac was the boundary line between Virginia and Maryland; but Lord Baltimore's charter gave to Maryland jurisdiction over the river to the Virginia bank; and this right Virginia had recognized, claiming only for herself the free navigation of the Potomac and the Pocomoke. Of course the laws of neither State were regarded when it was worth while to evade them; and nothing was easier than to evade them, since to the average human mind there is no privilege so precious as a facility for smuggling. n.o.body, at any rate, seems to have thought anything about the matter till it came under Madison's observation after his return home from Congress. To him it meant something more than mere evasion of state laws and frauds on the state revenue. The subject fell into line with his reflections upon the looseness of the bonds that held the States together, and how unlikely it was that they would ever grow into a respectable or prosperous nation while their present relations continued. Virtually there was no maritime law on the Potomac, and hardly even the pretense of any. What could be more absurd than to provide ports of entry on one bank of a river, while on the other bank, from the source to the sea, the whole country was free to all comers? If the laws of either State were to be regarded on the opposite bank, a treaty was as necessary between them as between any two contiguous states in Europe.

Madison wrote to Jefferson, who was now a delegate in Congress, pointing out this anomalous condition of things on the Potomac, and suggesting that he should confer with the Maryland delegates upon the subject. The proposal met with Jefferson's approbation; he sought an interview with Mr. Stone, a delegate from Maryland, and, as he wrote to Madison, "finding him of the same opinion, [I] have told him I would, by letters, bring the subject forward on our part. They will consider it, therefore, as originated by this conversation." Why "they" should not have been permitted to "consider it as originated" from Madison's suggestion that Jefferson should have such a conversation is not quite plain; for it was Madison, not Jefferson, who had discovered that here was a wrong that ought to be righted, and who had proposed that each State should appoint commissioners to look into the matter and apply a remedy. So, also, so far as subsequent negotiation on this subject had any influence in bringing about the Const.i.tutional Convention of 1787, it was only because Mr. Madison, having suggested the first practical step in the one case, seized an opportune moment in that negotiation to suggest a similar practical step in the other case. As it is so often said that the Annapolis Convention of 1786 was the direct result of the discussion of the Potomac question, it is worth while to explain what they really had to do with each other.

The Virginia commissioners were appointed early in the session on Mr.

Madison's motion. Maryland moved more slowly, and it was not till the spring of 1785 that the commissioners met. They soon found that any efficient jurisdiction over the Potomac involved more interests than they, or those who appointed them, had considered. Existing difficulties might be disposed of by agreeing upon uniform duties in the two States, and this the commissioners recommended. But when the subject came before the Maryland legislature it took a wider range.

The Potomac Company, of which Washington was president, had been chartered only a few months before. The work it proposed to do was to make the upper Potomac navigable, and to connect it by a good road with the Ohio River. This was to encourage the settlement of Western lands.

Another company was chartered about the same time to connect the Potomac and Delaware by a ca.n.a.l, where interstate traffic would be more immediate. Pennsylvania and Delaware must necessarily have a deep interest in both these projects, and the Maryland legislature proposed that those States be invited to appoint commissioners to act with those whom Maryland and Virginia had already appointed to settle the conflict between them upon the question of jurisdiction on the Potomac. Then it occurred to somebody: if four States can confer, why should not thirteen? The Maryland legislature thereupon suggested that all the States be invited to send delegates to a convention to take up the whole question of American commerce.

While this was going on in Maryland, the Virginia legislature was considering pet.i.tions from the princ.i.p.al ports of the State praying that some remedy might be devised for the commercial evils from which they were all suffering. The port bill had manifestly proved a failure. It was only a few weeks before that Madison had complained, in a letter to a friend, that "the trade of the country is in a most deplorable condition;" that the most "shameful frauds" were committed by the English merchants upon those in Virginia, as well as upon the planters who shipped their own tobacco; that the difference in the price of tobacco at Philadelphia and in Virginia was from eleven shillings to fourteen shillings in favor of the Northern ports; and that "the price of merchandise here is, at least, as much above, as that of tobacco is below, the Northern standard." He was only the more confirmed in his opinion that there was no cure for these radical evils except to surrender to the confederate government complete control over commerce.

The debate upon these pet.i.tions was hot and long. It brought out the strongest men on both sides, Madison leading those who wished to give to Congress the power to regulate trade with foreign countries when no treaty existed; to make uniform commercial laws for all the States; and to levy an impost of five per cent. on imported merchandise, as a provision for the public debt and for the support of the federal government generally. A committee, of which he was a member, at length reported instructions to the delegates of the State in Congress to labor for the consent of all the States to these propositions. But in Committee of the Whole the resolutions were so changed and qualified--especially in limiting to thirteen years the period for which Congress was to be intrusted with a power so essential to the existence of the government--that the measure was given up by its friends as hopeless.

But before the report was disposed of Mr. Madison prepared a resolution, to be offered as a subst.i.tute, with the hope of reaching the same end in another way. This resolution provided for the appointment of five commissioners,--Madison to be one of them,--"who, or any three of whom, shall meet such commissioners as may be appointed in the other States of the Union, at a time and place to be agreed on, to take into consideration the trade of the United States; to examine the relative situations and trade of said States; to consider how far a uniform system in their commercial regulations may be necessary to their common interest and their permanent harmony; and to report to the several States such an act, relative to this great object, as, when unanimously ratified by them, will enable the United States, in Congress, effectually to provide for the same." This he was careful not to offer himself, but, as he says, it was "introduced by Mr. Tyler, an influential member, who, having never served in Congress, had more the ear of the House than those whose services there exposed them to an imputable bias." He adds that "it was so little acceptable that it was not then persisted in."

About the same time the action of the Maryland legislature on the Potomac question, and the report of the Potomac commissioners, came up for consideration. Mr. Madison said afterward that, as Maryland thought the concurrence of Pennsylvania and Delaware were necessary to the regulation of trade on that river, so those States would, probably, wish to ask for the concurrence of their neighbors in any proposed arrangement. "So apt and forcible an ill.u.s.tration," he adds, "of the necessity of an uniformity throughout all the States could not but favor the pa.s.sage of a resolution which proposed a convention having that for its object."

As one of the Potomac commissioners, he knew, of course, what was coming from Maryland, and "how apt and forcible an ill.u.s.tration" it would seem, when it did come, of that resolution which he had written and had induced Mr. Tyler to offer. It did not matter that the resolution had been at the moment "so little acceptable," and therefore "not then persisted in." It was where it was sure, in the political slang of our day, to do the most good. And so it came about. All that Maryland had proposed, growing out of the consideration of the Potomac question, the Virginia legislature acceded to. Then, on the last day of the session, the Madison-Tyler resolution was taken from the table, where it had lain quietly for nearly two months, and pa.s.sed. If some, who had been contending all winter against any action which should lead to a possibility of strengthening the federal government, failed to see how important a step they had taken to that very end; if any, who were fearful of federal usurpation and tenacious of state rights, were blind to the fact that the resolution had pushed aside the Potomac question and put the Union question in its place, Mr. Madison, we may be sure, was not one of that number. He had gained that for which he had been striving for years.

The commissioners appointed by the resolution soon came together. They appointed Annapolis as the place, and the second Monday of the following September (1786) as the time, of the proposed national convention; and they sent to all the other States an invitation to send delegates to that convention.

On September 11 commissioners from Virginia, Delaware, Pennsylvania, New Jersey, and New York a.s.sembled at Annapolis. Others had been appointed by North Carolina, Rhode Island, Ma.s.sachusetts, and New Hampshire, but they were not present. Georgia, South Carolina, Maryland, and Connecticut had taken no action upon the subject. As five States only were represented, the commissioners "did not conceive it advisable to proceed on the business of their mission," but they adopted an address, written by Alexander Hamilton, to be sent to all the States.

All the represented States, the address said, had authorized their commissioners "to take into consideration the trade and commerce of the United States; to consider how far an uniform system in their commercial intercourse and regulations might be necessary to their common interest and permanent harmony." But New Jersey had gone farther than this; her delegates were instructed "to consider how far an uniform system in their commercial regulations _and other important matters_ might be necessary to the common interest and permanent harmony of the several States." This, the commissioners present thought, "was an improvement on the original plan, and will deserve to be incorporated into that of a future convention." They gave their reasons at length for this opinion, and, in conclusion, urged that commissioners from all the States be appointed to meet in convention at Philadelphia on the second Monday of the following May (1787), "to devise such further provisions as shall appear to them necessary to render the Const.i.tution of the federal government adequate to the exigencies of the Union."

In the course of the winter delegates to this convention were chosen by the several States. Virginia was the first to choose her delegates; Madison was among them, and at their head was George Washington.

CHAPTER V

IN THE VIRGINIA LEGISLATURE

That the Annapolis Convention ever met to make smooth the way for the more important one which came together eight months afterward and framed a permanent Const.i.tution for the United States was unquestionably due to the persistence and the political adroitness of Mr. Madison. But it was not exceptional work. The same diligence and devotion to public duty mark the whole of this period of three years through which he continued a member of the state legislature. As chairman of the judiciary committee he reduced with much labor the old colonial statutes to a body of laws befitting the condition of free citizens in an independent State. From his first to his last session he contended, though without success, for the faith of treaties and the honest payment of debts. The treaty with England provided that there should be "no lawful impediment on either side to the recovery of debts heretofore contracted." The legislature notified Congress that it should disregard this provision, on the plea that in relation to "slaves and other property" it had not been observed by Great Britain. Mr. Madison did not then know that--as he said three years later--"the infractions [of the treaty] on the part of the United States preceded even the violation on the other side in the instance of the negroes." He maintained, nevertheless, that the settlement of the difficulty, if it had any real foundation, belonged to Congress, the party to the treaty, and not to a State which had surrendered the treaty-making power; and that in common honesty one planter was not relieved from his obligation to pay a London merchant for goods and merchandise received before the war, because other planters had not been paid for the negroes and horses they had lost when the British troops invaded Virginia. At each of the three sessions of the legislature, while he was a member, he tried to bring that body to adopt some line of conduct which should not--to use his own words--"extremely dishonor us and embarra.s.s Congress." It was useless; the repudiators were quite deaf to any appeals either to their honor or their patriotism.

On another question both he and his State were more fortunate. Religious freedom had to be once more fought for, and he was quick to come to the defense of a right which had first called forth his youthful enthusiasm.

Two measures were brought forward from session to session to secure for the church the support of the state. The first was a bill for the incorporation of religious societies; but when it was pushed to its final pa.s.sage it provided for the incorporation of Episcopal churches only. For this Mr. Madison consented to vote, though with reluctance, in the hope that the church party would be so far satisfied with this measure as to abstain from pushing another which was still more objectionable.

He was disappointed. Naturally those who had carried their first point were the more, not the less, anxious for further success. Now it was insisted that there should be a universal tax "for the support of teachers of the Christian religion." The tax-payer was to be permitted to name the religious society for the support of which he preferred to contribute. If he declined this voluntary acquiescence in the law, the money would be used in aid of a school; but from the tax itself none were to be exempt on any pretext. Madison was quick to see in such a law the possibility of religious intolerance, of compulsory uniformity enforced by the civil power, and of the suppression of any freedom of conscience or opinion. The act did not define who were and who were not "teachers of the Christian religion," and that necessarily would be left to the courts to decide. A state church would be the inevitable consequence; for it was not to be supposed that any dominant sect would rest till it secured the recognition by law of its own denomination as the sole representative of the Christian religion. To expect anything else was to ignore the teachings of all history.

The burden of opposition and debate fell, at first, almost solely upon Madison. Some of the wisest and best men of the State were slow to see, as he saw, that religious freedom was in danger from such legislation.

There was, it was said, a sad falling-off in public morality as indifference to religion increased. There was no cure, it was declared, for prevalent and growing corruption except in the culture of the religious sentiment, and the teachers of religion, therefore, must be upheld and supported. But granting all this, Madison saw that the proposed remedy would be to give, not bread but a stone, and a stone that would be used in return as a weapon. It was impossible to regulate religious belief by act of the a.s.sembly, and therefore it was worse than foolish to try.

It was due to him that the question was postponed from one session to the next. A copy of the bill was sent, meanwhile, into every county of the State for the consideration of the people, and that was aided by a "Memorial and Remonstrance," written by Madison, which was circulated everywhere for signature, in readiness for presentation to the next legislature. The bill, the memorial said, would be "a dangerous abuse of power," and the signers protested against it with unanswerable arguments, taking for a starting-point the a.s.sertion of the Bill of Rights, "that religion, or the duty we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence." It is not at all improbable that many signed this remonstrance, not so much because they believed it to be true as because it was a protest against a tax; that others were more moved by jealousy of the power of the Episcopal Church than they were by anxiety to protect religious liberty outside of their own sects. But whatever the motives, the movement was too formidable to be disregarded.

It was made a test question in the election of members for the legislature of 1785-86; at that session the bill for the support of religious teachers was rejected, and in place of it was pa.s.sed "an act for establishing religious freedom," written by Jefferson seven years before. This provided "that no man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever, nor shall be enforced, restrained, molested, or burthened in his body or goods, nor shall otherwise suffer on account of his religious opinions or belief; but that all men shall be free to profess, and by argument maintain, their opinions in matters of religion, and that the same shall in no wise diminish, enlarge, or affect their civil capacities."[8]

In the memorial and remonstrance Madison had said: "If this freedom be abused, it is an offense against G.o.d, not against man. To G.o.d, therefore, not to man, must an account of it be rendered." If the people of Virginia did not clearly comprehend this doctrine in all its length and breadth a hundred years ago, it is not quite easy to say who were then, or who are now, at liberty to throw stones at them. The a.s.sertion of the broadest religious freedom was no more new then than it is true that persecution for opinion's sake is now only an ancient evil. It was not till fifty years after Virginia had refused to tax her citizens for the support of religious teachers that Ma.s.sachusetts repealed the law that had long imposed a similar burden upon her people.

It was in 1786, the last year of Madison's service in the Virginia a.s.sembly before he returned to Congress, that the craze of paper money broke out again through all the States. The measure was carried in most of them, followed in the end by the usual disastrous consequences.

Madison's anxiety was great lest his own State should be carried away by this delusion, and he led the opposition against some pet.i.tions sent to the a.s.sembly praying for an issue of currency. The vote against it was too large to be due altogether to his influence; but he gave great strength and concentration to the opposition. In Virginia, tobacco certificates supplied in some measure the want of a circulating medium, and it was, therefore, easier there than in some of the other States to resist the clamor for a paper subst.i.tute for real money. A tobacco certificate at least represented something worth money. Madison a.s.sented to a bill which authorized the use of such certificates. But his "acquiescence," he wrote to Washington, "was extorted by a fear that some greater evil, under the name of relief to the people, would be subst.i.tuted." He was "far from being sure," he added, that he "did right." But no evils with which he had to reproach himself followed that measure.

These three years of his life were probably among the happiest, if they were not altogether the happiest, in his long public career. There was little disappointment or anxiety, and evidently much genuine satisfaction as he saw how certainly he was gaining a high place in the estimation of his fellow-citizens for his devotion to the best interests of his native State. In the recesses of the legislature he had leisure for studies in which he evidently found great contentment. He traveled a good deal at intervals, especially at the North; learned much of the resources and character of the people outside of Virginia, and became acquainted with the leading men among them. Jefferson urged him to pa.s.s a summer with him in Paris; and some foreign diplomatic service was open to him, had he expressed a willingness to accept it. But he preferred to know something more of his own country while he had the leisure; and if his life was to be pa.s.sed in public service, as now seemed probable to him, he chose, at least for the present, to serve his country at home, where he thought he was more needed, rather than abroad. In his orders for books sent to Jefferson the direction of his studies is evident. He sought largely for those which treated of the science of government; but they were not confined to that subject. Natural history had great charms for him. He was a diligent student of Buffon, and was anxious to find, if possible, the plates of his thirty-one volumes, in colors, that he might adorn the walls of his room with them. He made careful comparisons between the animals of other continents, as described and portrayed by the naturalist, and similar orders in America. All new inventions interested him. "I am so pleased," he writes, "with the new invented lamp that I shall not grudge two guineas for one of them." He had seen "a pocket compa.s.s of somewhat larger diameter than a watch, and which may be carried in the same way. It has a spring for stopping the vibration of the needle when not in use. One of these would be very convenient in case of a ramble into the western country." A small telescope, he suggests, might be fitted on as a handle to a cane, which might "be a source of many little gratifications," when "in walks for exercise or amus.e.m.e.nt objects present themselves which it might be matter of curiosity to inspect, but which it was difficult or impossible to approach." Jefferson writes him of a new invention, a pedometer; and he wants one for his own pocket. Trifles like these show the bent of his mind; and they show a contented mind as well.

While writing of important acts of the legislature of 1785, he is careful to give other information in a letter to Jefferson, which is not uninteresting as written ninety-eight years ago, and written by him.

"I. Rumsey," he says, "by a memorial to the last session, represented that he had invented a mechanism by which a boat might be worked with little labor, at the rate of from twenty-five to forty miles a day, against a stream running at the rate of ten miles an hour, and prayed that the disclosure of his invention might be purchased by the public. The apparent extravagance of his pretensions brought a ridicule upon them, and nothing was done. In the recess of the a.s.sembly he exemplified his machinery to General Washington and a few other gentlemen, who gave a certificate of the reality and importance of the invention, which opened the ears of this a.s.sembly to a second memorial. The act gives a monopoly for ten years, reserving a right to abolish it at any time by paying 10,000. The inventor is soliciting similar acts from other States, and will not, I suppose, publish the secret till he either obtains or despairs of them."

This intelligence was evidently not unheeded by Jefferson. In writing, some months after he received it, to a friend on the application of steam-power to grist-mills, then lately introduced in England, he adds: "I hear you are applying the same agent in America to navigate boats, and I have little doubt but that it will be applied generally to machines, so as to supersede the use of water-ponds, and of course to lay open all the streams for navigation." Nor does Madison seem to have been one of those who doubted if anything was to come of Rumsey's invention. All this was less than a hundred years ago, and now there is a steam-ferry between New York and Europe running about twice a day.

In a similar letter, a year later, he is careful, among grave political matters, to remember and report to the same friend that in the sinking of a well in Richmond, on the declivity of a hill, there had been found, "about seventy feet below the surface, several large bones, apparently belonging to a fish not less than the shark; and, what is more singular, several fragments of potter's ware in the style of the Indians. Before he [the digger] reached these curiosities he pa.s.sed through about fifty feet of soft blue clay." Mr. Madison had only just heard of this discovery, and he had not seen the unearthed fragments.

But he evidently accepts the story as true in coming from "unexceptionable witnesses." He adds, as a corroboration, that he is told by a friend from Washington County of the finding there, in the sinking of a salt-well, "of the hip-bone of the incognitum, the socket of which was about eight inches in diameter." Such things were peculiarly interesting to Jefferson, and Madison was too devoted a friend to him to leave them unnoticed. But they were hardly less interesting to himself, though he had not much of Jefferson's habit of scientific investigation. That "the potter's ware in the style of the Indians" should be found so deeply buried only seems to him "singular;"

nor, indeed, is there any record, so far as we know, that this particular fact was any more suggestive to Jefferson, though apparently so likely to arouse his inquiring mind to seek for some satisfactory explanation. But his geological notions were too positive to admit even of a doubt as to the age of man. Supposing a Creator, he a.s.sumed that "he created the earth at once, nearly in the state in which we see it, fit for the preservation of the beings he placed on it." Theorist as he was himself, he had little patience with the other theorists who were already beginning to discover in the structure of the earth the evidence of successive geological eras. The different strata of rocks and their inclination gave him no trouble. He explained them all by the a.s.sumption that "rock grows, and it seems that it grows in layers in every direction, as the branches of trees grow in all directions." That evidences of the existence of man should be found with a superimposed weight of earth seventy feet in thickness would present to him no difficulty. If the fact had specially aroused his attention he would have explained it in some ingenious way as the result of accident.

FOOTNOTE:

[Footnote 8: With how much interest Jefferson watched the progress of this controversy he showed in his letters from Paris. In February, 1786, he wrote to Madison: "I thank you for the communication of the remonstrance against the a.s.sessment. Mazzei, who is now in Holland, promised me to have it published in the _Leyden Gazette_. It will do us great honor. I wish it may be as much approved by our a.s.sembly as by the wisest part of Europe." Again, in December of the same year, he says: "The Virginia Act for religious freedom has been received with infinite approbation in Europe, and propagated with enthusiasm. I do not mean by the governments, but by the individuals who compose them. It has been translated into French and Italian, has been sent to most of the courts of Europe, and has been the best evidence of the falsehood of those reports which stated us to be in anarchy. It is inserted in the _Encyclopedie_, and is appearing in most of the publications respecting America. In fact, it is comfortable to see the standard of reason at length erected, after so many ages, during which the human mind had been held in va.s.salage by kings, priests, and n.o.bles; and it is honorable for us to have produced the first legislature who had the courage to declare that the reason of man may be trusted with the formation of his own opinions!" This latter pa.s.sage is characteristic, and many who do not like Jefferson will read between the lines the exultation of a man who was not always careful to draw the line between religious liberty and irreligious license.]

CHAPTER VI

PUBLIC DISTURBANCES AND ANXIETIES