would. Gates probably would have done it if he could.

To avert this threatened danger; to contrive taxation that should so far please the taxed that they would refrain from using the power in their hands to escape altogether any taxation for general purposes, was the knotty problem this Congress had to solve in order to save the Confederacy from dissolution. There was no want of plans and expedients; neither were there wanting men in that body who clearly understood the conditions of the problem, and how it might be solved, and whose aim was direct and unfaltering. Chief among them were Hamilton, Wilson, Ellsworth, and Madison. However wrong-headed, or weak, or intemperate others may have been, these men were usually found together on important questions; differing sometimes in details, but unmoved by passion or prejudice, and strong from reserved force, they overwhelmed their opponents at the right moment with irresistible argument and by weight of character.

In the discussion of the more important questions Mr. Madison is conspicuous-conspicuous without being obtrusive. A reader of the debates can hardly fail to be struck with his familiarity with English constitutional law, and its application to the necessities of this off-shoot of the English people in setting up a government for themselves. The stores of knowledge he drew upon

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must needs have been laid up in the years of quiet study at home before he entered upon public life. For there was no congressional library then where a member could "cram" for debate; and though Philadelphia already had a fair public librarythe member who was armed at all points must have equipped himself before entering Congress. In this respect Madison probably had no equal, except Hamilton, and possibly Ellsworth. the need of such a library, however, he and others were not insensible. As chairman of a committee he reported a list of books "proper for the use of Congress," and advised their purchase. The report declared that certain authorities upon international law, treaties, negotiations, and other questions of legislation, were absolutely indispensable, and that the want of them "was manifest in several Acts of Congress." But the Congress was not to be moved by a little thing of that sort.

The attitude of his own State sometimes embarrassed him in the satisfactory discharge of his duty as a legislator. The earliest distinction he won after entering Congress was as chairman of a committee to enforce upon Mr. Jay, then minister to Spain, the instructions to adhere tenaciously to the right of navigation on the Mississippi, in his negotiations for an alliance with that power. Mr. Madison, in his dispatch, maintained the American side of the question with a force and clearness to which no subsequent discussion of the subject ever

added anything. He left nothing unsaid that could be said to sustain the right either on the ground of expediency, of national comity, or of international law; and his arguments were not only in accordance with his own convictions, but with the instructions of the Assembly of his own State. It was a question of deep interest to Virginia, whose western boundary at that time was the Mississippi. But Virginia soon afterward shifted her position. The course of the war in the Southern States in the winter of 1780-81 aroused in Georgia and the Carolinas renewed anxiety for an alliance with Spain. The fear of their people was, that, in case of the necessity for a sudden peace while the British troops were in possession of those States or parts of them, they might be compelled to remain as British territory under the application of the rule of uti possidetis. It was urged, therefore, that the right to the Mississippi should be surrendered to Spain, if it were made the condition of an alliance. In deference to her neighbors Virginia proposed that Mr. Jay should be reinstructed accordingly.

Mr. Madison was not in the least shaken in his conviction. With him, the question was one of right rather than of expediency. But not many at that time ventured to doubt that representatives must implicitly obey the instructions of their constituents. He yielded; but not till he had appealed to the Assembly to reconsider their deci

sion. The scale was turned; in deference to the wishes of the Southern States new orders were sent to Mr. Jay. Mr. Madison, however, had not long to wait for his justification. When the immediate danger, which had so alarmed the South, had passed away, Virginia returned to her original position. New instructions were again sent to her representatives, and Mr. Jay was once more advised by Congress, that on the Mississippi question his government would yield nothing.

On another question, two years afterward, Mr. Madison refused to accept a position of inconsistency in obedience to instructions which his State attempted to force upon him. No one saw more clearly than he how absolutely necessary to the preservation of the Confederacy was the settlement of its financial affairs on some sound and just basis; and no one labored more earnestly and more intelligently than he to bring about such a settlement. Congress had proposed in 1781 a tax upon imports, each State to appoint its own collectors but the revenue to be paid over to the federal government to meet the expenses of the war. Rhode Island alone, at first, refused her assent to this scheme. An impost law of five per cent. upon certain imports and a specific duty upon others for twenty-five years were an essential part of the plan of 1783, to provide a revenue to meet the interest on the public debt and for other general purposes. That Rhode Island would con

tinue obstinate on this point was more than probable; and the only hope of moving her was that she should be shamed or persuaded into compliance by the combined influence of all the other States.

Mr. Madison was as bitter as he could ever be in his reflections upon that State, whose course, he thought, showed a want of any sense of honor or of patriotism. Virginia, he argued, should rebuke her by making her own compliance with the law the more emphatic, as an example for all the rest. But Virginia did exactly the other thing. At the moment when debate upon the revenue law was the most earnest, and the prospect of carrying it the most hopeful; when a committee appointed by Congress had already started on their journey northward to expostulate with, and, if possible, conciliate Rhode Island; at that critical moment came news from Virginia that she had revoked her assent of a previous session to the impost law. This was equivalent to instructing her delegates in Congress to oppose any such measure. The situation was an awkward one for a representative who had put himself among the foremost of those who were pushing this policy, and who had been making invidious reflections upon a State which opposed it. The rule that the will of the constituents should govern the representative, he now declared, had its exceptions, and here was a case in point. He continued to en