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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SEPTEMBER 18. LOCATION OF THE CAPITAL. |
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 | The writings of James Madison, |  |
SEPTEMBER 18. LOCATION OF THE CAPITAL.
Mr. Madison felt himself compelled to move for striking
out that part of the bill which provided that the temporary
residence of Congress should continue at New York; as he
conceived it irreconcilable with the spirit of the Constitution.
If it was not from viewing it in this light, lie should have
given the bill no further opposition; and now he did not
mean to enter on the merits of the main question.
From the Constitution, it appeared that the concurrence of
the two Houses of Congress was sufficient to enable them to
adjourn from one place to another; nay, the legal consent of
the President was, in some degree, prescribed in the 7th section
of article 1st, where it is declared, that every order,
resolution, or vote, to which the concurrence of the Senate
and House of Representatives may be necessary, (except on
of the United States, and approved by him, before the
same shall take effect. Any attempt, therefore, to adjourn
by law, is a violation of that part of the Constitution which
gives the power, exclusively, to the two branches of the Legislature.
If gentlemen saw it in the same light, he flattered
himself they would reject that part of the bill; and, however
little they valued the reflection that this city was not central,
which had been so often urged, they would be guided by
arguments springing from a superior source.
He would proceed to state the reasons which induced him
to be of this opinion: it is declared in the Constitution, that
neither House, during the session of Congress, shall, without
the consent of the other, adjourn for more than three days;
nor to any place than that in which the two Houses shall be
sitting; from hence he inferred, that the two Houses, by a concurrence,
could adjourn for more than three days, and to any
other place which they thought proper; by the other clause
he had mentioned, the Executive power is restrained from
any interference with the Legislative on this subject; hence,
he concluded, it would be dangerous to attempt to give to the
President a power which the Constitution expressly denied
him. He did not suppose that the attempt to vest the Executive
with a power over the adjournment of the Legislature
would absolutely convey the power, but he conceived it
wrong to make the experiment. He submitted it to those
gentlemen who were attached to the success of the bill, how
far an unconstitutional declaration may impede its passage
through the other branch of the Legislature.
It has been supposed by some, that the seat of Government
may be at a place different from that where the Congress sits;
and, although the former may be established by law, the
Legislature might remove elsewhere; he could not subscribe
to this doctrine. What is the Government of the United
States for which a seat is to be provided? Will not the Government
necessarily comprehend the Congress as a part? In
styled the seat of Government, because he is within himself
the supreme Legislative, Executive, and Judicial power; the
same may be said of the residence of a limited monarchy,
where the efficiency of the Executive operates, in a great
degree, to the exclusion of the Legislative authority; but in
such a Government as ours, according to the legal and common
acceptation of the term, Government must include the
Legislative power; so the term Administration, which in other
countries is specially appropriated to the Executive branch
of Government, is used here for both the Executive and Legislative
branches; we, in official communications, say Legislative
Administration or Executive Administration, according
as the one or the other is employed in the exercise of its Constitutional
powers. He mentioned these circumstances to
show that they ought not to look for the meaning of terms
used in the laws and Constitution of the United States, into
the acceptation of them in other countries, whose situation
and Government were different from that of United America.
If his reasoning was just, he should conclude that the seat of
Government would be at that place where both the Executive
and Legislative bodies are fixed; and this depended upon the
vote of the two branches of the Legislature. There was
another clause favorable to this opinion; it was, that giving
Congress authority to exercise exclusive legislation in all
cases whatsoever over such district as may, by cession of
particular States, and the acceptance of Congress, become the
seat of the Government of the United States; this was the
only place where any thing respecting the seat of Government
was mentioned; and would any gentleman contend that Congress
might have a seat of Government over which they are
empowered to exercise exclusive legislation, and yet reside
at the distance of two or 300 miles from it? Such a construction
would contradict the plain and evident meaning of the
Constitution, and as such was inadmissible.
He hoped these observations would be attended to; and
the House to reject that part of the bill which he moved to
have struck out.[126]
TO EDMUND PENDLETON.
The pressure of unfinished business has suspended the
adjournment of Congs. till Saturday next. Among the articles which
required it was the plan of amendments, on which the two Houses so
far disagreed as to require conferences. It will be impossible I find
to prevail on the Senate to concur in the limitation on the value of
appeals to the Supreme Court, which they say is unnecessary, and
might be embarrassing in questions of national or Constitutional importance
in their principle, tho' of small pecuniary amount. They
are equally inflexible in opposing a definition of the locality of Juries.
The vicinage they contend is either too vague or too strict a term, too
vague if depending on limits to be fixed by the pleasure of the law,
too strict if limited to the County. It was proposed to insert after
the word Juries, "with the accustomed requisites," leaving the definition
to be construed according to the judgment of professional men.
Even this could not be obtained. The truth is that in most of the
States the practice is different, and hence the irreconcileable difference
of ideas on the subject. In some States, jurors are drawn from, the
whole body of the community indiscriminately; in others, from large
districts comprehending a number of Counties; and in a few only from
a single County. The Senate suppose also that the provision for
vicinage in the Judiciary bill, will sufficiently quiet the fears which
called for an amendment on this point. On a few other points in the
plan the Senate refuse to join the House of Reps.
The bill establishing the permanent Seat of Govt. has pasd. the H. of
Reps in favr. of the Susquehannah. Some of the Southern members,
despaired so much of ever getting anything better, that they fell into
the majority. Even some of the Virginians leaned that way. My
own judgment was opposed to any compromise, on the supposition
that we had nothing worse to fear than the Susquehannah, and could
obtain that at any time, either by uniting with the Eastern States or
Pennsylva. The bill however is by no means sure of passing the Senate
in its present form. It is even possible that it may fall altogether.
Those who wish to do nothing at this time, added to those who disapprove
of the Susquehannah, either as too far South or too far North,
or not susceptible of early conveniences for the fiscal administration,
may form a majority who will directly or indirectly frustrate the
measure. In case of an indirect mode, some other place will be
substituted for Susquehannah, as Trenton or Germantown, neither of
which can I conceive he effectually established, and either of which
might get a majority composed of sincere and insidious votes. . . .
—Mad. MSS.
| The writings of James Madison, | |