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The writings of James Madison,

comprising his public papers and his private correspondence, including numerous letters and documents now for the first time printed.
 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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AUGUST 13. AMENDMENTS TO THE CONSTITUTION.
 
 
 
 
 
 
 
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AUGUST 13. AMENDMENTS TO THE CONSTITUTION.

Mr. Madison did not think it was an improper time to proceed
in this business; the House had already gone through


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with subjects of a less interesting nature; now if the Judiciary
bill was of such vast importance, its consideration ought not
to have been postponed for those purposes.


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He would remind gentlemen that there were many who
conceived amendments of some kind necessary and proper in
themselves; while others who are not so well satisfied of the
necessity and propriety, may think they are rendered expedient
from some other consideration. Is it desirable to
keep up a division among the people of the United States on
a point in which they consider their most essential rights are
concerned? If this is an object worthy the attention of such
a numerous part of our constituents, why should we decline
taking it into our consideration, and thereby promote that
spirit of urbanity and unanimity which the Government itself
stands in need of for its more full support?

Already has the subject been delayed much longer than
could have been wished. If after having fixed a day for
taking it into consideration, we should put it off again, a
spirit of jealousy may be excited, and not allayed without
great inconvenience.

Form, sir, is always of less importance than the substance;
but on this occasion I admit that form is of some consequence,
and it will be well for the House to pursue that which, upon
reflection, shall appear to be the most eligible. Now it appears
to me, that there is a neatness and propriety in incorporating
the amendments into the Constitution itself; iii that
case, the system will remain uniform and entire; it will certainly
be more simple when the amendments are interwoven
into those parts to which they naturally belong, than it will
if they consist of separate and distinct parts. We shall then
be able to determine its meaning without references or comparison;
whereas, if they are supplementary, its meaning can
only be ascertained by a comparison of the two instruments,
which will be a very considerable embarrassment. It will be
difficult to ascertain to what parts of the instrument the
amendments particularly refer; they will create unfavorable
comparisons; whereas, if they are placed upon the footing


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here proposed, they will stand upon as good foundation as
the original work. Nor is it so uncommon a thing as gentlemen
suppose; systematic men frequently take up the whole
law, and, with its amendments and alterations, reduce it into
one act. I am not, however, very solicitous about the form,
provided the business is but well completed.[124]


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[124]

Madison wrote to Archibald Stuart, August 12:

"I am just favd. with yours of the 30th inst: and am glad to find
your sentiments so decided as to the power of removal by the Presidt.
Every letter to me and as far as I know to others here from Virga.
ratifies the propriety of the decision of Congress. Our last discussions
of moment have turned on the compensations. The bill as gone to
the Senate allows six dollars a day to the members of both houses.
My own idea was that it should have been less for the Reps. & more
for the Senate. With equal emoluments the ablest men will prefer
the H. of Reps. and the Senate will degenerate into an unfitness for
the great dignity of its institution. The rate allowed is unpopular in
this quarter of the Union. But the truth is that 6 dollars [is more
necessary] for the distant states particularly S. C. & Georgia than it
would be to N. Jersey, Connecticut, &c, and a defective allowance
would put the states at a distance under disadvantages of a very
serious nature. Add to this that a less sum than 6 dollars for the
Senate (whose case was involved in that of the H. of Reps. after the
vote agst. a discrimination) could not well be thought of. On these
grounds the measure must rest for its vindication. I am afraid it
will be disrelished in your part of Virga. & cannot say I am satisfied
with it myself. With men of liberal turns and who know the former
allowance made to Congress by the States and who moreover take into
view the situation & voting of the different states, an apologetic reasoning
on the subject will not be sufficient, with those of another cast, the
case will be different . . ."—Va. Hist. Soc. MSS.

TO EDMUND RANDOLPH

My Dear friend,—

For a week past the subject of amendts. has exclusively occupied the
H. of Reps. Its progress has been exceedingly wearisome not only on
account of the diversity of opinions that was to be apprehended, but
of the apparent views of some to defeat by delaying a plan short of
their wishes, but likely to satisfy a great part of their companions in
opposition throughout the Union. It has been absolutely necessary
in order to effect anything, to abbreviate debate, and exclude every
proposition of a doubtful & unimportant nature. Had it been my
wish to have comprehended every amendt. recom̃ended by Virga., I
should have acted from prudence the very part to which I have been
led by choice. Two or three contentious additions would even now
prostrate the whole project.

The Judiciary bill was put off in favr. of the preceding subject. It
was evident that a longer delay of that wd. prevent any decision on it
at this Session. A push was therefore made, which did not succeed
without strenuous opposition. On monday the bill will probably
be taken up & be pursued to a final question as fast as the nature of
the case will allow.

I find on looking over the notes of your introductory discourse in
the Convention at Philada., that it is not possible for me to do justice
to the substance of it. I am anxious for particular reasons to be
furnished with the means of preserving this as well as the other arguments
in that body, and must beg that you will make out & forward
me the scope of your reasoning. You have your notes I know & from
these you can easily deduce the argument on a condensed plan. I
make this request with an earnestness wch. will not permit you either
to refuse or delay a compliance.—Mad. MSS.

TO ALEXANDER WHITE

Dear Sir

The week past has been devoted to the subject of amendments:
all that remains is a formal vote on a fair transcript which will be
taken this morning; and without debate I hope, as each of the propositions
has been agreed to by two thirds of the House. The substance
of the report of the Committee of eleven has not been much varied.
It became an unavoidable sacrifice to a few who knew their concurrence
to be necessary, to the dispatch if not the success of the business,
to give up the form by which the amendts. when ratified would have
fallen into the body of the Constitution, in favor of the project of
adding them by way of appendix to it. It is already apparent I
think that some ambiguities will be produced by this change, as the
question will often arise and sometimes be not easily solved, how far
the original text is or is not necessarily superceded, by the supplemental
act. A middle way will be taken between the two modes, of
proposing all the amendts. as a single act to be adopted or rejected in
the gross, and of proposing them as independent amendts. each of
which shall take place or not, as it may be individually decided on.
The several propositions will be classed according to their affinity to
each other, which will reduce them to the number of 5 or 6 in the
whole, to go forth as so many amendts. unconnected with one another.

On Saturday notice was given to the House by Mr. Scott that on
Thursday in this week he should bring in the subject of the permanent
seat
of Congress. [Illegible] & [illegible] in favr. of Trenton ensued.
The like from Lancaster &c. also came forward. I suspect that the
motion is the result of some [illegible] of a pretty serious nature. A
great push will be made for Trenton which has I fear more partizans
than might be wished. It is surmised that a coalition has taken place
between Pa. & the East: states. I believe it to be the case in some
degree, tho' not fully. As far as I can gather, the coalition for Trenton
might be broken, by accepting the Susquehannah, and leaving N. Y.
the temporary enjoyment of Congs. This I believe is the ultimate
[aim] of the N. Y. party, and will not do for us.

I suspect they begin to despair of a long possession of Congs. and
consequently mix the permanent with the temporary considerations.
Having given you these facts your own judgment will best decide
how far it may be worth while and incumbent on you to hasten your
return.—N. Y. Pub. Lib. (Lenox) MSS.

Alexander White wrote from Philadelphia August 9, 1789, saying
those people he had seen "Shew almost a childish anxiety for the
removal of Congress to this place, and pretend to count votes by
States and by Poll, treat the Idea of fixing the permanent Seat of
Government on Patowmack within a Century to come as too ridiculous
to merit Consideration, resting assured that whenever the Question is
put, Delaware will be the place."—Mad. MSS.