The writings of James Madison, comprising his public papers and his private correspondence, including numerous letters and documents now for the first time printed. |
TO ARCHIBALD STUART. |
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 | The writings of James Madison, |  |
TO ARCHIBALD STUART.
Dear Sir,—I have been this day favored with
yours of the 21st. instant & beg you to accept my acknowledgements
for it. I am truly sorry to find so
many respectable names on your list of adversaries
to the federal Constitution.[23]
The diversity of opinion
on so interesting a subject among men of equal integrity
& discernment is at once a melancholy proof
of the fallibility of the human judgement and of the
imperfect progress yet made in the Science of government.[24]
the case must be the same with you than to see
companies of intelligent people equally divided, and
equally earnest in maintaining on one side that the
general government will overwhelm the state governments,
to their encroachments; on one side that the structure
of the government is too firm & too strong, and
on the other that it partakes too much of the weakness
& instability of the Governments of the particular
states. What is the proper conclusion from all
this? That unanimity is not to be expected in any
great political question. That the danger is probably
exaggerated on each side, when an opposite danger
is concerned on the opposite side, that if any constitution
is to be established by deliberation & choice it
must be examined with many allowances, and must be
compared not with the theory, which each individual
may frame in his own mind, but with the system
which it is meant to take the place of; and with any
other which there might be a possibility of obtaining.
I cannot judge so well as yourself of the propriety
of mixing with an adoption of the Federal Constitution
a revision of that of the State. If the latter
could be effected without risks or inconveniency of
the former, it is no doubt desirable.[25]
The practicability
of this will depend upon the unanimity with
which it could be undertaken. I should doubt extremely
whether the experiment could safely be made.
Might not the blending of those two things together
unite those who are unfriendly to either and thus
strengthen the opposition you have to contend with?
In case the general government should be established
of our own Constitution. The example will
have some influence by proving the practicability &
safety of such experiments. And if the convention
think fit they may lay a proper train of themselves
for bringing the matter about.
The public mind in this quarter seems not finally
settled as yet with regard to the proposed Constitution.
The first impression has been every where
favorable except in Rd. Island. Nor is there any
reason to suspect that the generality of States will
not embrace the measure.
The character of this State has long been antifederal
& [it] is known that a very powerful party
continue so. Penna. is also divided into parties but
it is supposed that a majority will pretty certainly
[be] on the right side.
With great respect & regard I am Dr. Sir
Among the opponents was Joseph Jones. He wrote to Madison
from Richmond Oct. 29, 1787, that he saw many objections to the
Constitution. The Senate was a legislative, executive and in some
respects a judicial body, which was bad. The Senate and President
could in some cases even legislate for the Union without the concurrence
of the popular branch, and would prove an overmatch for the
popular branch. There was strong objection to the appellate jurisdiction
over law and fact of the Supreme Court. He should have been
pleased to see a bill of rights. The advocates of the new plan were
rather diminishing than increasing in number. Nov. 27, Jones wrote
that he would receive the Constitution with reluctance.—Chicago Hist.
Soc. MSS.
James McClurg wrote to Madison from Richmond October 31:
"I am to thank you for the favor you did me in inclosing a copy of
the new constitution; which has ever since been the principle topic of
political conversation in every company. It was at first reciev'd with
a prepossession in it's favor almost enthusiastic, in our towns especially.
The circumstances, however, which in this state particy. tended
to excite suspicion & jealousy, have caused this disposition to subside
sooner than it might otherwise have done; & every man's mind is
turn'd to a subtle investigation of ye plan. Various indeed are the
objections made to it; but those which strike only the most moderate
& most federal, are confin'd chiefly to the Senate. Nor do they object
to the equal representation of ye States in ye Senate, so much as to
ye additional weight thrown into that branch of ye Legislature, by
combining it with ye Presidt. in ye high executive offices of Government.
It is supposed that ye obligation of a common Interest may connect
them in a dangerous Junto; & on this account they imagine the
Senate to be ye worst court that could have been contriv'd for the Impeachment
of ye President. They conceive too that ye Senators, in
their executive business, may become liable to Impeachment, tho' they
cannot see by what court they can be tried.
"I see, in a pamphlet publish'd at Philada. in defence of ye Constitution,
a serious objection made to ye clause which empowers Congress
to regulate the manner, time, & place, of chusing ye representatives
of ye people in ye several States. This has been reechoed here; & it
has not been easy to find a sufficient [reason] for it's insertion. Some
have objected also to the Influence of the Presidt. in the house of representatives
as capable of producing his reelection, even when the majority
of ye constitutional electors are against him.
"These are objections made by men heartily dispos'd towards an
energetic federal government, & conceiving yt defects in its frame
must be equally obnoxious to ye people of all ye States, they hope to
see them amended. For my part, I am so fearful of it's Loss, that I
should be willing to trust ye remedy of it's defects to ye reason moderation
& experience of ye future Congress. By the by, what is to become
of the State debts, when all ye Sources of revenue in ye States are
seiz'd by Congress?"—Mad. MSS.
| The writings of James Madison, | |