MARYLAND'S SINE QUA NON.

85

appoint the Maryland commissioners; who appeared to have brought with them the most amicable dispositions, and expressed the greatest desire of forming such a fair and liberal compact, as might prove a lasting cement of friendship between the two States; which we were convinced it is their mutual interest to cultivate. We therefore upon the particular invitation of the General adjourned to Mount Vernon' and finished the business there. Some time after, Mr. Henderson wrote to Mr. Beckley (clerk of the House of Delegates) for a copy of the resolves; upon receiving which we were surprised to find no mention made of Chesapeake or Pokomoke River, that our powers were confined to Potomac River, and to not less than three of the commissioners. I am still inclined to think that the omission of Chesapeake Bay and Pokomoke River was owing to a mistake or inadvertence, in not attending to the resolves of 1778; and, if so, it was perhaps lucky that we had not been furnished with a copy of the resolves; for the Maryland commissioners had an express instruction from their Assembly to consider the relinquishment, on the part of Virginia, of any claim of laying tolls, &c., on vessels passing through the capes of Chesapeake as a sine qua non; and if it was refused immediately to break off all further conference with the Virginia commissioners.

"This blundering business, however, will give me the trouble and expence of a journey to Richmond, next session, to apologize for and explain our conduct; where, if the substance of the compact is approved by the Assembly, I hope forms will be dispensed with, especially as the breach of them has been the fault of some of their own officers, not ours, and as I am conscious of our having been influenced by no other motives than the desire of promoting the public good."'

1

With this letter George Mason sent to Madison drafts of the communication of the Virginia commissioners to the Assembly, stating briefly the points that had been settled; and also the letter to the president of the Executive Council of Pennsylvania from the commission on the subject of cooperation with Virginia and Maryland.' The following memorandum was added as a postscript to the letter to 1 Madison MSS., State Department. 2 Appendix 1.

Madison. The suggested correction or alteration in the compact was not made, however, as may be seen by reference to the law in the Virginia and Maryland codes.

“Memorandum. The concluding clause of the seventh article of the compact is not so clearly expressed as it ought to be, and is capable of a construction which was not intended; and though it would be a strained and unnatural one, it had better be removed. The words are 'provided, &c., and that the citizens of neither State shall have a right to fish with nets or seins upon the shores of the other.' This may be construed to restrain the citizens of either State, having lands upon the river in the other, from fishing with nets or seins upon their own shores; which would be unreasonable and unjust; although in its present form, it seems to be the grammatical construction. The addition of two or three words will set it right-thus: 'And that the citizens of neither State shall have a right to fish with nets or seins upon the shores of the citizens of the other.' I never observed this circumstance till very lately, or I am sure I could easily have had it altered by the Maryland commissioners, at any time before the meeting of their Assembly. The fisheries upon Potomac River are becoming a very important object, and therefore I could wish. the above clause in the compact properly amended. If the amendment goes no farther than I have mentioned, it will occasion no objection from Maryland, and I wish the article to be no otherwise altered, for this was the most difficult business we had to settle with the Maryland commissioners. The idea of the right of fishing on both shores of Potomac River is one the Marylanders are not fond of parting with; and I trust it will be found we have obtained everything for Virginia, with respect to Potomac River, which she can desire. The exceptionable part of the article before mentioned was really a mistake. Not having time now to write to my friend the Attorney upon this subject, Mr. Madison will be pleased to mention it to him.

"And I shall be particularly obliged to Mr. Madison to inform me what is done with respect to the Northern Neck, on the subject of the records in the late proprietor's office, entering, or resurveying lands, quit-rents, &c.

"G. M."

RELIGIOUS ASSESSMENT CONTROVERSY.

87

Another subject which interested George Mason at this time was the Assessment Bill. Its fate was to be decided at the next session of the Assembly, and so energetically did its enemies work against it, its rejection was readily secured. To George Mason, in great part, this success was due. Madison, in a letter to one of Colonel Mason's grandsons, written in 1826, gives the following account of the matter:

"During the session of the General Assembly, 1784-5, a bill was introduced into the House of Delegates, providing for the legal support of Teachers of the Christian Religion, and being patronized by the most popular talents in the House, seemed likely to obtain a majority of votes. In order to arrest its progress, it was insisted with success, that the bill should be postponed till the ensuing session; and in the meantime be printed for public consideration. That the sense of the people might be better called forth, your highly distinguished ancestor, Col. George Mason, Col. George Nicholas, also possessing much public weight, and some others thought it advisable that a remonstrance against the bill should be prepared for general circulation and signature, and imposed on me the task of drawing up such a paper. The draught having received their sanction, a large number of printed copies were distributed, and so extensively signed by the people of every religious denomination, that at the ensuing session the projected measure was entirely frustrated, and under the influence of the public sentiment thus manifested the celebrated bill 'Establishing Religious Freedom' created into a permanent barrier against future attempts on the rights of conscience, as declared in the great charter prefixed to the Constitution of the State."'

The fact of Madison's authorship of the "Remonstrance was not generally known until after his death, and there were some persons in Virginia who attributed it to George Mason. Colonel Mason probably wrote to a number of his friends enclosing them this paper for signature, and two of

'MS. Letter. Compare Rives' Madison," vol. i., p. 631. Oration of Mr. Williams on the death of Madison.

these letters, written, the first part of them, in identical terms, one to General Washington and one to Robert Carter of "Nomini," are preserved. The letter to Washington is as follows:

DEAR SIR:

GUNSTON HALL, October 2d, 1785.

I take the liberty of enclosing you a Memorial and Remonstrance to the General Assembly, confided to me by a particular friend whose name I am not at liberty to mention; and as the principles it avows entirely accord with my sentiments on the subject (which is a very important one), I have been at the charge of printing several copies to disperse in the different parts of the country. You will easily perceive that all manner of declamation and address to passions have been avoided, as unfair in themselves, and improper for such a subject; and although the Remonstrance is long, that brevity has been aimed at, but the field is extensive.

If upon consideration, you approve the arguments and the principles upon which they are founded, your signature will both give the Remonstrance weight, and do it honor. I would have waited on you personally upon this occasion, but have been so shattered by a late violent fit of the convulsive cholic, complicated with the gout in my stomach, that I am hardly able to walk across the floor. The bearer will deliver you a packet inclosing another copy for my friend Doctor Stuart. I am in hopes he and his colleague will endeavor to forward the subscriptions in this county. Mrs. Mason, and the family here, present their compliments to you, your lady and Miss Bassett, with, Dear Sir,

Your affectionate and obedient servant,

G. MASON.'

In the letter to Robert Carter, George Mason says:

"If upon consideration you approve the reasoning and the principles upon which it is founded, I make no doubt you will endeavor to promote the subscriptions in your part of the country; if they can be completed, and the Remonstrance

1 Washington MSS., State Department.

CORRESPONDENCE ON THE SUBJECT.

89

sent down to the Assembly, by the first or second week in November, I presume it will be in good time."'

Washington wrote in reply to Colonel Mason:

DEAR SIR:

MOUNT VERNON, October 3d, 1785.

I have this moment received yours of yesterday's date, enclosing a memorial and remonstrance against the Assessment Bill, which I will read with attention. At present I am unable to do it, on account of company. The bill itself I do not recollect ever to have read; with attention I am certain I never did, but will compare them together.

Although no man's sentiments are more opposed to any kind of restraint upon religious principles than mine are, yet I must confess, that I am not amongst the number of those, who are so much alarmed at the thoughts of making people pay towards the support of that which they profess, if of the denomination of Christians, or declare themselves Jews, Mahometans, or otherwise, and thereby obtain proper relief. As the matter now stands, I wish an assessment had never been agitated, and as it has gone so far, that the bill could die an easy death; because I think it will be productive of more quiet to the State, than by enacting it into a law, which in my opinion would be impolitic admitting there is a decided majority for it, to the disquiet of a respectable minority. In the former case, the matter will soon subside; in the latter, it will rankle and perhaps convulse the State. The dinner bell rings, and I must conclude with an expression of my concern for your indisposition.

Sincerely and affectionately, I am, &c.'

Councillor Carter's answer to George Mason was a more emphatic condemnation of the proposed law. He wrote from "Nomony Hall," October 15, 1785:

"SIR :

"Your favor inclosing a copy of a Remonstrance and Memorial against a bill for establishing a provision for teachers of the Christian religion was put into my hands this day. The violence

1 MS. Letter.

* "Writings of Washington," Sparks, vol. xii., Appendix, p. 404.