Within less than two years, however, Warner Mifflin of Delaware, an eminent member of the Society of Friends, who was one of the first, if not the first, of that society to manumit his own slaves, petitioned Congress to take some measure for general emancipation. The petition was entered upon the journal; but on a subsequent day a North Carolina member, Mr. Steele, said that, "after what had passed at New York on this subject, he had hoped the House would have heard no more of it;" and he moved that the petition be returned to Mifflin and be expunged from the journal. Fisher Ames explained in a rather apologetic tone that he had presented the petition at Mr. Mifflin's request, because the member from Delaware was absent, and because he believed in the right of petition, though "he considered it as totally inexpedient to interfere with the subject." The House agreed that the petition should be returned, and Steele then withdrew the motion to expunge it from the journal.
In the next Congress, eighteen months afterward, the House took up the subject of the slave trade, apparently of its own motion, and a bill was passed prohibiting the carrying on of that traffic from the ports of the United States in foreign vessels. The question was as inexorable as death, and the difference in regard to it then was precisely what it was in the final discussion of the next century which settled it forever. One set of men was given over to perdition if they dared so much as talk; the other set talked all the more, and went to the very verge of the Constitution in act all the more, because they were bidden neither to speak nor to move. Courage was not one of Madison's marked characteristics, but he never showed more of it than in his hostility to slavery.
Fisher Ames
At the third session of the First Congress, which had adjourned from New York to Philadelphia, where it met in December, 1790, Madison led his party in opposition to the establishment of a national bank, which Hamilton had recommended; and again, as in the adjustment of the domestic debt, he and his party were defeated. He compared the advantages and the disadvantages of banks, and possibly he did not satisfy himself, as he certainly did not the other side, that the weight of the argument was against their utility. At any rate, he fell back upon the Constitution as his strongest position. To incorporate a bank was not, he maintained, among the powers conferred upon Congress. The Federalists, who were beginning to recognize him as the leader of the opposition, were quite ready to accept that challenge. "Little doubt remains," said Fisher Ames in rising to reply, "with respect to the utility of banks." Assuming that to be settled,—whether he meant, or not, that such was the conclusion to be drawn from Madison's argument on that point,—he addressed himself to the constitutional question. If the incorporation of a bank was forbidden by the Constitution, there was an end of the matter. If it was not forbidden, but if Congress may exercise powers not expressly bestowed upon it, and if by a bank some of the things which the federal government had to do could be best done, it would be not only right but wise to establish such an agency. This was the burden of the argument of the Federalists, and Madison and his friends had no sufficient answer. The bill was at length passed by a vote of thirty-nine to twenty.
But it had still to pass the ordeal of the cabinet. The President was not disposed to rely upon his own judgment either one way or the other. He asked, therefore, for the written opinions of the secretaries of the treasury and of state, Hamilton and Jefferson, and the attorney-general, Randolph. The same request was made to Madison, probably more because Washington held his ability and knowledge of constitutional law in high esteem than because of the prominent part he had taken in the debate. Hamilton's argument in favor of the bill was an answer to the papers of the three other gentlemen, and was accepted as conclusive by the President.