dry imports, with a specific duty upon others, was
proposed in congress and offered to tlie several
states for approval. To weaken as much as possible
the objections to such a
law, its operation was
limited to twenty-five
years. Even in this mild
form, however, it was
impossible to persuade
the several states to sub-
mit to Federal taxation.
Virginia at first assent-
ed to the impost law,
but afterward revoked
her action. On this occa-
sion Mr. Madison, feel-
ing that the very exist-
ence of the nation was
at stake, refused to be
controlled by the action
J^iM^j MccCuoy. of his constituents. He
^ persisted in urging the
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necessity of such an impost law, and eventually had the satisfaction of seeing Virginia adopt his view of the matter. The discussion of the impost law in congress re- vealed the antagonism that existed between the slave-states and those states which had eman- cipated their slaves. In endeavoring to appor- tion equitably the quotas of revenue to be required of the several states, it was observed that, if taxa- tion were to be distributed according to popula- tion, it made a great difference whether or not slaves were to be counted as population. If slaves were to be counted, the southern states would have to pay more than their equitable share into the treasury of the general government ; if slaves were not to be counted, it was argued at the north that they would be paying less than their equita- ble share. Consequently at that time the north- ern states were inclined to maintain that the sla^'es were population, while the south preferred to re- gard them as chattels. The question was settled by a compromise that was proposed by Mr. Madi- son ; according to this arrangement the slaves were rated as population, but in such wise that five of them were counted as three persons.
In 1784 Mr. Madison was again elected to the Virginia legislature, an office then scarcely infe- rior in dignity, and superior in influence, to that of delegate to the Continental congress. His ef- forts were steadfastly devoted to the preparation and advocacy of measures that were calculated to increase the strength of the Federal government. He supported the proposed amendment to the articles of confederation, giving to congress con- trol over the foreign trade of the states : and, pending the adoption of such a measure, he se- cured in that body the passage of a port bill re- stricting the entry of foreign ships to certain speci- fied ports. The purpose of this was to facilitate the collection of revenue, but it was partially defeated in its operation by successive amendments in- creasing the number of ports. While the weak- ness of the general government and the need for strengthening it were daily growing more ap- parent, the question of religious liberty was the subject of earnest discussion in the Virginia legis- lature. An attempt was made to lay a tax upon all the people of that state " for the support of teachers of the Christian religion." At first Madi- son was almost the only one to see clearly the seri- ous danger lurking in such a tax ; that it would be likely to erect a state church and curtail men's freedom of belief and worship. Mr. Madison's po- sition here well illustrated the remark that intelli- gent persistence is capable of making one person a majority. His energetic opposition resulted at first in postponing the measure. Then he wrote a •'Memorial and Remonstrance," setting forth its dangerous character with wonderful clearness and cogency. He sent this paper all over the state for signatures, and in the course of a twelvemonth had so educated the people that, in the election of 1785, the question of religious freedom was made a test question, and in the ensuing session the dan- gerous bill was defeated, and in place thereof it was enacted " that no man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever, nor shall be enforced, re- strained, 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 nowise diminish, enlarge, or affect their civil capacities." In thus abolishing religious tests Virginia came to the front among all the American states, as Massachusetts had come to the front in the abolition of negro slavery. Nearly all the states still imposed religious tests upon civil office-holders. from simply declaring a general be- lief in the infallibleness of the Bible, to accepting the doctrine of the Trinity. Madison's " Religious Freedom Act " He as translated into French and Italian, and was widely read and commented upon in Europe. In our own history it set a most valu- able precedent for other states to follow.
The attitude of Mr. Madison with regard to paper money was also very important. The several states had then the power of issuing promissory notes and making them a legal tender, and many of them shamefully abused this power. The year 1786 witnessed perhaps the most virulent craze for paper money that has ever attacked the American people. In Virginia the masterly reasoning and the resolute attitude of a few great political leaders saved the state from yielding to the delusion, and among these leaders Mr. Madison was foremost. But his most important work in the Virginia legislature was that which led directly to the Annapolis convention, and thus ultimately to the framing of the constitution of the United States. The source from which such vast results were to flow was the necessity of an agreement between Maryland and Virginia with regard to the navigation of the Potomac river, and the collection of duties at ports on its banks. Commissioners, appointed by the two states to discuss this question, met early in 1785 and recommended that a uniform tariff should be adopted and enforced upon both banks. But a further question, also closely connected with the navigation of the Potomac, now came up for discussion. The tide of westward migration had for some time been pouring over the Alleghanies, and, owing to complications with the Spanish power in the Mississippi valley, there was some danger that the United States might not be able to keep its hold upon the new settlements. It was necessary to strengthen the commercial ties between east and west, and to this end the Potomac company was formed for the purpose of improving the navigation of the upper waters of the Potomac and connecting them by good roads and canals with the upper waters of the Ohio at Pittsburg — an enterprise which, in due course of time, resulted in the Chesapeake and Ohio canal. The first president of the Potomac company was George Washington, who well understood that the undertaking was quite as impor-