The writings of James Madison, comprising his public papers and his private correspondence, including numerous letters and documents now for the first time printed. |
| II. |
TO JAMES MADISON. |
 | The writings of James Madison, |  |
TO JAMES MADISON.
Hond Sir,—Your letter by Capt: Cowherd with
that of my brother's have been just put into my hand.
I shall leave to him the sale of the Tobo belonging to
Capt. Conway & Ambrose; not being at leisure myself
to do it before he proposes to set out. I
think it will be well to accept of Mr. Lawson's offer of
the Madeira. I shall do the best I can towards satisfying
the Treasury on acct. of Mr. Winslow. Majr.
Lee's warrant has been ordered by the assembly, but
Mr. Harvey being a little puzzled by the peculiarity
first application, & I have not time now to repeat it.
I hope the delay will not be inconvenient to Majr
Lee. Much time has been lately spent by the assembly
in abortive efforts for amendment of the constitution,[10]
and fulfilling the Treaty of peace in the article
not be completed till next week. If my brother W.
is at leisure as before, I beg him to bring down the
chair for me to be here by Wednesday next.
Notes of Speech on Proposed Amendment to the Constitution of Virginia.
June, 1784:
"Virga. Legislature
"For Amending Constitution of Va. in 1784.
"Nature of a Constitution examd. see Massts. p. 7. 8. 15. 16. N. Y. p. 63.—
Pena. p. 85. 86. Del. p. 106 N. C. p. 146–150. S. C. p. 188. Geo p.
175. 186.
"Convention of 1776. without due power from people.
passed the ordinance for Constn. on recommendation of Congs. of May 15.
1776. prior to decln of independence: as was done in N. H. p. I & N. J. p.
78–84.Passed it from impulse of necessity.—See last clause of the preamble
before independence declared by Congs.
power from people no where pretended.
other ordinances of same Session deemed alterable as relative to Senators
—oaths—Salt.provisions for care of West Augusta in its nature temporary.
Convention make themselves branch of the Legislature.
"1.
"2.
3.
"4.
"5.
"6.
"7.
"Constitution, if so to be called defective
in a Union of powers which is tyranny Montesq.
Executive dependent on Legislature, 1. for salary. 2. for character in
the treñial expulsion.—3. expensive—4. may be for life contrary to Art: 5
of Declaration of Rights.—Judiciary dependent for amt. of salary
Privileges & wages of members of Legislature unlimited & undefined.
Senate badly constituted & improperly barred of the originating of laws.
equality of representation not provided for see N. Y. p. 65. S. C. p. 165
Impeachmts. of great moment & on bad footing.
County Courts seem to be fixed p. 143. 144. also General Court.
Habeas Corpus omitted.
no mode of expounding constitution & and of course no check to Genl.
AssemblyRight of suffrage not well fixed—quere if popish recusants &c. are not
disfranchised? Constn. rests on acquiescence, a bad basis
"1.
"2.
"3.
"4.
"5.
"6.
"7.
"8.
"9.
"10.
"11.
"Revision during war improper—on peace decency requires surrender of
power to people.
"No danger in referring to the people who already exercise an equivalent
power.
"If no change be made in the Constitution, it is advisable to have it ratified
and secured agst. the doubts and imputations under which it now labours."—
Mad. MSS.
"J. M.'s proposition to the Gen. Assembly [June—1784]. See Journal
Whereas by the 4th. article of the Definitive Treaty of Peace ratified and proclaimed
by the United States in Congress assembled on the 14th. day of Jany.
last 'it is agreed that Creditors on either side shall meet with no lawful impediment
to the recovery of the full value in sterling money, of all bona fide
debts heretofore contracted': and whereas it is the duty and determination of
this Commonwealth, with a becoming reverence for the faith of Treaties, truly
and honestly, to give to the said article, all the effect, inasmuch as the debts
due from the good people of this commonwealth to the subjects of G. Britain
were contracted under the prospect of gradual payments, and are justly computed
to exceed the possibility of full payment at once, more especially, under
the diminution of their property resulting from the devastations of the late war:
and it is therefore conceived that the interest of the British creditors themselves
will be favored by fixing certain reasonable periods, at which divided
payments shall be made:
"Resolved, that it is the opinion of this Committee, that the laws now in
force relative to British debts, ought to be so varied & amended as to make the
same recoverable in the proportions & at the periods following: that is to say,
part thereof with interest of 5 per Ct. from the date of the definitive Treaty
of peace, on the day of and the remaining on the day of
And whereas it is further stipulated by art: 7th. of the said Treaty, among other
things, that 'his Britannic Majesty shall with all convenient speed, and without
causing any destruction, or carrying away any negroes or other property of the
American inhabitants, withdraw all his armies, garrisons and fleets from the
said United States; and from every post place and harbour within the same,
leaving in all fortifications the American-artillery that may be therein, and
shall also order and cause all archives, records, deeds & papers, belonging to
any of the said States, or their citizens, which in the course of the war, may
have fallen into the hands of his officers, to be forthwith restored and delivered
to the proper States and persons to whom they belong,' which stipulation was in
the same words contained in the Provisional articles signed at Paris on the 30th.
day of November 1782 by the commissioners empowered on each part: and
whereas posterior to the date of the said provisional articles, Sundry negroes
the property of citizens of this commonwealth were carried away from the city
of New York whilst in possession of the British forces, and no restitution or
satisfaction on that head, has been made, either before or since the Definitive
Treaty of peace; And whereas the good people of this commonwealth have a
clear right to expect that whilst, on one side, they are called upon by the U. S.
in Congress assembled to them by fœderal Constitution the powers of war
& peace are exclusively delegated, to carry into effect the stipulations in favour
of British subjects, an equal observance of the stipulations in their own favor,
should, on the other side, be duly secured to them under the authority of the
Confederacy.
"Resolved, that it is the opinion of this Committee; that the Delegates representing
this State in Congress ought to be instructed to urge in Congress
peremptory measures for obtaining from G. Britain satisfaction for the infringement
of the article aforesaid; and in case of refusal or unreasonable delay of
such satisfaction, to urge that the sanction of Congress be given to the just
policy of retaining so much of the debts due from citizens of this commonwealth,
to British subjects, as will fully repair the losses sustained from such
infringement: and that to enable the said Delegates, to proceed herein with the
greater precision & effect, the Executive ought to be requested to take immediate
measures for obtaining & transmitting to them, all just claims of the
citizens of this Commonwealth under the 7th. art: as aforesaid."—Mad. MSS.
| The writings of James Madison, | |