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 GEORGE WASHINGTON. |
 | The writings of James Madison, |  |
TO GEORGE WASHINGTON.
Dear Sir,—I have been honored with your letter
of the 31 March, and find with much pleasure that
your views of the reform which ought to be pursued
by the Convention, give a sanction to those which I
have entertained. Temporising applications will dishonor
the Councils which propose them, and may
foment the internal malignity of the disease, at the
same time that they produce an ostensible palliation
of it. Radical attempts although unsuccessful will
at least justify the authors of them.
Having been lately led to revolve the subject
which is to undergo the discussion of the Convention,
and formed some outlines of a new system, I take
the liberty of submitting them without apology to
your eye.
Conceiving that an individual independence of the
States is utterly irreconcileable with their aggregate
sovereignty, and that a consolidation of the whole
into one simple republic would be as inexpedient as
it is unattainable, I have sought for middle ground,
which may at once support a due supremacy of the
wherever they can be subordinately useful.
I would propose as the ground-work that a change
be made in the principle of representation. According
to the present form of the Union in which the
intervention of the States is in all great cases necessary
to effectuate the measures of Congress, an
equality of suffrage, does not destroy the inequality of
importance in the several members. No one will
deny that Virginia and Massts. have more weight and
influence both within & without Congress than
Delaware or Rho. Island. Under a system which
would operate in many essential points without the
intervention of the State Legislatures, the case would
be materially altered. A vote in the national Councils
from Delaware, would then have the same effect
and value as one from the largest State in the Union.
I am ready to believe that such a change would not
be attended with much difficulty. A majority of the
States, and those of greatest influence, will regard it
as favorable to them. To the Northern States it
will be recommended by their present populousness;
to the Southern by their expected advantage in this
respect. The lesser States must in every event yield
to the predominant will. But the consideration
which particularly urges a change in the representation
is that it will obviate the principal objections of
the larger States to the necessary concessions of
power.
I would propose next that in addition to the present
federal powers, the national Government should be
cases which require uniformity; such as the regulation
of trade, including the right of taxing both exports
& imports, the fixing the terms and forms of
naturalization, &c &c.
Over and above this positive power, a negative in
all cases whatsoever on the legislative acts of the
States, as heretofore exercised by the Kingly prerogative,
appears to me to be absolutely necessary, and
to be the least possible encroachment on the State
jurisdictions. Without this defensive power, every
positive power that can be given on paper will be
evaded & defeated. The States will continue to invade
the National jurisdiction, to violate treaties and
the law of nations & to harass each other with rival
and spiteful measures dictated by mistaken views of
interest. Another happy effect of this prerogative
would be its controul on the internal vicissitudes of
State policy, and the aggressions of interested majorities
on the rights of minorities and of individuals.
The great desideratum which has not yet been found
for Republican Governments seems to be some disinterested
& dispassionate umpire in disputes between
different passions & interests in the State. The majority
who alone have the right of decision, have
frequently an interest, real or supposed in abusing it.
In Monarchies the sovereign is more neutral to the
interests and views of different parties; but, unfortunely
he too often forms interests of his own repugnant
to those of the whole. Might not the national
prerogative here suggested be found sufficiently disinterested
whilst it would itself be sufficiently restrained from
the pursuit of interests adverse to those of the whole
Society. There has not been any moment since the
peace at which the representatives of the Union
would have given an assent to paper money or any
other measure of a kindred nature.
The national supremacy ought also to be extended
as I conceive to the Judiciary departments. If those
who are to expound & apply the laws, are connected
by their interests & their oaths with the particular
States wholly, and not with the Union, the participation
of the Union in the making of the laws may be
possibly rendered unavailing. It seems at least necessary
that the oaths of the Judges should include a
fidelity to the general as well as local constitution,
and that an appeal should lie to some National tribunals
in all cases to which foreigners or inhabitants of
other States may be parties. The admiralty jurisdiction
seems to fall entirely within the purview of
the national Government.
The National supremacy in the Executive departments
is liable to some difficulty, unless the officers
administering them could be made appointable by
the supreme Government. The Militia ought certainly
to be placed in some form or other under the
authority which is entrusted with the general protection
and defence.
A Government composed of such extensive powers
should be well organized and balanced. The legislative
department might be divided into two branches;
large, or by the Legislatures; the other to consist of
fewer members, to hold their places for a longer term,
and to go out in such a rotation as always to leave in
office a large majority of old members. Perhaps the
negative on the laws might be most conveniently exercised
by this branch. As a further check, a council
of revision including the great ministerial officers
might be superadded.
A National Executive must also be provided. I
have scarcely ventured as yet to form my own opinion
either of the manner in which it ought to be constituted
or of the authorities with which it ought to be
cloathed.
An article should be inserted expressly guarantying
the tranquillity of the States against internal as well
as external dangers.
In like manner the right of coercion should be expressly
declared. With the resources of Commerce
in hand, the National administration might always
find means of exerting it either by sea or land; But
the difficulty & awkwardness of operating by force on
the collective will of a State, render it particularly
desirable that the necessity of it might be precluded.
Perhaps the negative on the laws might create such
a mutuality of dependence between the General and
particular authorities, as to answer this purpose or
perhaps some defined objects of taxation might
be submitted along with commerce, to the general
authority.
To give a new System its proper validity and energy,
and not merely from the ordinary authority of the
Legislatures. This will be the more essential as inroads
on the existing Constitutions of the States will
be unavoidable.
The inclosed address to the States on the subject
of the Treaty of peace has been agreed to by Congress,
& forwarded to the several Executives. We
foresee the irritation which it will excite in many of
our Countrymen; but could not withhold our approbation
of the measure. Both the resolutions and the
address, passed without a dissenting voice.
Congress continue to be thin, and of course do
little business of importance. The settlement of the
public accounts,—the disposition of the public lands,
and arrangements with Spain, are subjects which
claim their particular attention. As a step towards
the first, the treasury board are charged with the task
of reporting a plan by which the final decision on the
claims of the States will be handed over from Congress
to a select sett of men bound by the oaths, and
cloathed with the powers of Chancellors. As to the
Second article, Congress have it themselves under
consideration. Between 6 & 700 thousand acres
have been surveyed and are ready for sale. The
mode of sale however will probably be a source of
different opinions; as will the mode of disposing of
the unsurveyed residue. The Eastern gentlemen remain
attached to the scheme of townships. Many
others are equally strenuous for indiscriminate locations.
The States which have lands of their own for
federal lands to market. The business with Spain is
becoming extremely delicate, and the information
from the Western settlements truly alarming.
A motion was made some days ago for an adjournment
of Congress for a short period, and an appointment
of Philada. for their reassembling. The
eccentricity of this place as well with regard to E.
and West as to N. & South has I find been for a considerable
time a thorn in the minds of many of the
Southern members. Suspicion too has charged some
important votes on the weight thrown by the present
position of Congress into the Eastern Scale, and predicts
that the Eastern members will never concur in
any substantial provision or movement for a proper
permanent seat for the National Government whilst
they remain so much gratified in its temporary residence.
These seem to have been the operative motives
with those on one side who were not locally
interested in the removal. On the other side the
motives are obvious. Those of real weight were
drawn from the apparent caprice with which Congress
might be reproached, and particularly from the
peculiarity of the existing moment. I own that I
think so much regard due to these considerations,
that notwithstanding the powerful ones on the other
side, I should have assented with great repugnance
to the motion, and would even have voted against it
if any probability had existed that by waiting for a
proper time, a proper measure might not be lost for
a very long time. The plan which I shd. have judged
whenever a vote could be obtained but so as that it
should not take effect until the commencement of the
ensuing federal year. And if an immediate removal
had been resolved on, I had intended to propose such
a change in the plan. No final question was taken
in the case. Some preliminary questions shewed that
six States were in favor of the motion. Rho. Island
the 7th was at first on the same side, and Mr. Varnum,
one of the delegates continues so. His colleague
was overcome by the solicitations of his
Eastern brethren. As neither Maryland nor South
Carolina were on the floor, it seems pretty evident
that N. York has a very precarious tenure of the
advantages derived from the abode of Congress.
We understand that the discontents in Massts,
which lately produced an appeal to the sword, are
now producing a trial of strength in the field of electioneering.
The Governor will be displaced. The
Senate is said to be already of a popular complexion,
and it is expected that the other branch will be still
more so. Paper money it is surmised will be the engine
to be played off agts. creditors both public and
private. As the event of the elections however is
not yet decided, this information must be too much
blended with conjecture to be regarded as a matter
of certainty.
I do not learn that the proposed Act relating to
Vermont has yet gone through all the stages of legislation
here; nor can I say whether it will finally pass
or not. In truth, it having not been a subject of
has been done or is likely to be done with it. With
the sincerest affection & the highest esteem I have the
honor to be, Dear Sir your devoted Servt.
| The writings of James Madison, | |