recoiled. A composition, 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 prevailed in the market; and let the residue belong to the original sufferers." Referring then to the fluctuations of stocks in Europe as compared with those of the United States in her extremity, he concluded: "It may be objected that such a provision as I propose will exceed the public ability. I do not think the public unable to discharge honorably all its engagements, or that it will be unwilling, if the appropriations shall be satisfactory. I regret as much as any member, the unavoidable weight and duration of the burthens to be imposed, having never been a proselyte to the doctrine, that public debts are public benefits. I consider them, on the contrary, as evils which ought to be removed as fast as honor and justice will permit, and shall heartily join in the means necessary for that purpose. I conclude with declaring, as my opinion, that if any case were to happen among individuals, bearing an analogy to that of the public here, a court of equity would interpose its redress; or that, if a tribunal existed on earth by which nations could be compelled to do right, the United States would be compelled to do something not dissimilar in its principles to what I have contended for."

Opponents were not wanting to combat the views of Mr. Madison. In answer to him arose Mr. Sedgwick and Mr. Ames, of Massachusetts; Mr. Laurence and Mr. Benson, of New York; Mr. Boudinot, of New Jersey, and Mr. Smith, of South Carolina. With the strength born of numbers they overbore his arguments, and during the week's debate that ensued were strengthened by the outside pressure brought to bear. When the question was put to a vote, his proposition was rejected by a very large majority. Two months later, notwithstanding the result of the vote on this question, Congress was under the necessity of recognizing the right of the principle he enunciated. An appropriation had been made to pay to the North Carolina and Virginia line certain arrearages, which claims had been bought up at prices much below their real value, and assignments obtained by speculators, who took advantage of the ignorance or distresses of the claimants. Proof of these facts being adduced, Congress passed resolutions virtually annulling the assignments, and directing the secretary of the treasury to pay the claims only to the original claimants, or to persons duly authorized by them under a power of attorney, attested by two justices of the peace, authorizing the receipt of a specific sum. These matters have been treated thus fully in order to a better understanding of the principles that governed every action of Mr. Madison in his official life, principles from which he never deviated during his eventful public career, and which are worthy of emulation by the men of this and succeeding generations.

Previous to the adoption of the Constitution no system had been fol lowed in obtaining a census of the several states. It therefore devolved

upon Congress to provide for the periodical enumeration of the inhabitants. The Constitution enjoined such census, as a basis on which to estimate federal representation, and direct taxes. A committee consisting of one member from each state, was appointed and reported a bill for this purpose. Mr. Madison believed that a more comprehensive census would be of great value to law-makers, and he proposed an amendment to the bill, providing for an analytical and classified enumeration, distinguishing by their respective pursuits the different classes of the people, thus enabling legislatures to adapt the public measures to the requirements of different communities. This was an idea twenty years in advance of the most progressive European statesmen, and was adopted by the House. In its mutations in the Senate the provision was afterward dropped, and did not appear upon the statute books until some fifty years later. However, the far-seeing statesmanship of Mr. Madison should have credit for this effort at advancement.

The subject of the assumption of state debts followed soon after action had been taken in support of the public credit, and developed a great amount of discussion, as well as a spirit of determined opposition from members representing states which had made successful efforts to provide for their individual liabilities incurred in the contest for independence. Such were opposed to the payment of debts contracted by neighboring states, after meeting their own obligations. Mr. Madison took strong grounds against assumption, arguing that the state debts were not in their nature debts of the United States. For a time after the delivery of Mr. Madison's speech the subject was dropped. It was again brought forward in the course of the discussion relating to the permanent location of the seat of government. This latter question developed a great amount of feeling, particularly among the southern members, who saw in the effort to locate the capital at New York, or at farthest, on the Susquehanna, an attempt at belittling the interests of Virginia, the Carolinas, and Georgia. In this contest the lines between north and south were for the first time sharply drawn. There seemed no other resort than a compromise, whereby the assumption of the state debts would be granted, and the capital located on the bank of the Potomac after remaining for ten years at Philadelphia. On this basis the question was finally settled.

On December 6, 1790, Congress assembled at Philadelphia, in accordance with the resolutions providing for a temporary and a permanent seat of government. It was opened as before, by a speech from the President. The House of Representatives again appointed a committee, of which Mr. Madison was a member, to prepare an address in answer to the speech. This being done, the attention of the House was called to the necessity for making provision looking to the payment of the state debts assumed at the late session. It seemed probable that resort would be had to excises, to meet the demand that would soon be made. To this Mr. Madison was

opposed, as "giving arbitrary powers to the collector, exposing the citizen to vexatious searches, and opening the door to fraud and perjuries, that tend equally to vitiate the morals of the people, and to defeat the public revenue.' He preferred a direct tax to the imposition of excises, but knowing that such would meet with determined opposition from the people, he was with reluct ance constrained to vote for an excise to be imposed on spirituous liquors, which was carried by a vote of thirty-five to twenty.

In the early part of the session the secretary of the treasury had presented his report, in which he urged the incorporation of an United States bank, to be modeled after the similar institution in England. The excises being disposed of, the bank bill was called up, and debate begun by Mr. Madison, who opened with a general review of the advantages of banks. He held that greater advantages would be obtained by the establishment of several banks, but denied that the authority for the establishment of such an one as was proposed could be derived from the Constitution. He then discussed the text of that document, and the conclusions arrived at relating to the powers delegated by each article as it was presented to the convention that framed it, and from these deduced that the ground on which he stood was the only one tenable. In closing his argument he said: "The exercise of the power asserted in the bill involves all the guilt of usurpation; and establishes a precedent of interpretation, leveling all the barriers which limit the power of the general government and protect those of the state governments." He was answered by Messrs. Ames, Sedgwick, and Gerry, of Massachusetts; Laurence, of New York; Boudinot, of New Jersey; Smith, of South Carolina, all of whom "united in the doctrine, that Congress, in the exercise of power, was 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 whatsoever it deemed necessary and proper to the ends for which the Constitution was adopted and those powers were conferred," and contended that the eighth section of the first article, relative to the "common defense and general welfare," in connection with the power of taxation, were the sources from which they derived the power to establish a national bank. In reply to them able speeches were made by Mr. Stone, of Maryland; Mr. Giles, of Virginia; and Mr. Jackson, of Georgia. The debate was closed by Mr. Madison, in a vigorous review of the arguments of his opponents, and a strengthening of the ground he had taken by further reference to the binding force of the Constitution. His logical deductions were of no avail, however, the bill being carried in the affirmative by a vote of thirty-nine to twenty, Maryland, Virginia, North Carolina, South Carolina, and Georgia, voting in the negative. Thus the division between the north and the south was strengthened.

Previous to its adjournment, March 3d, 1791, Congress adopted a reso

lution fixing the meeting of the second Congress for the 4th Monday in October, following. During this interim Mr. Madison and Mr. Jefferson projected an excursion through the eastern states for the purpose of viewing a section of country neither had before visited. It was while on this tour that Mr. Madison was induced to take a part in the establishment of a weekly newspaper in Philadelphia, which was placed under the editorial management of Captain Philip Frenau, who had been his classmate in college. This paper was projected in order that the republican party might have an organ which should represent it, as opposed to the United States Gazette, published under the patronage of Colonel Hamilton, in the interest of the federalists. The new paper was established in the autumn of 1791, under the title of the National Gazette, and was published with recognized ability for the space of two years, its editor in the meantime holding a clerkship under the government, in the state department, the salary, however, being meagre-only two hundred and fifty dollars per year.

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CHAPTER VI.

FURTHER CONGRESSIONAL SERVICE-MARRIAGE.

GAIN, on the opening of the second Congress, did Mr. Madison prepare the answer of the House to the speech of the President. Very few changes had taken place in the membership. The census returns were now in, and it became the duty of Congress to decide upon a ratio of apportionment. Great difference in views was brought out in the discussion relative to the number of members to be allowed the House, the ratio of representation proposed varying from one in thirty thousand to one in forty thousand. A proposition was made for one hundred and twenty representatives, to be apportioned among the states in a ratio of one in each thirty thousand; it was found such arrangement would leave unapportioned eight members. Those remaining were then allotted to eight of the states, giving two to the states south of the Chesapeake, and six to the states north of the bay. In this form the bill was passed by the two houses, and submitted to the President for his signature. It did not meet his approbation, and the cabinet was divided on the question, Hamilton and Knox declaring in its favor, while Jefferson and Randolph believed it unconstitutional. To obtain further light the President recurred to the judgment of Mr. Madison, which being in the negative, thus coinciding with the opinions of the secretary of state and the attorney general, it was returned with a veto. Very soon after a bill was reported fixing the ratio at one representative in every thirtythree thousand population, which received the President's signature and became a law.

The first session of the second Congress closed May 8, 1792, and stood adjourned until the first Monday in November. The speech of the Presi dent, on the opening of Congress, was this time prepared by Colonel Hamilton: the reply of the House was prepared by a committee, of which Mr. Madison was chairman, associated with Mr. Benson, of New York, and Mr. Murray, of Maryland, the two latter warm personal friends of Hamil