University of Virginia Library

Search this document 
The writings of James Madison,

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

expand section
expand section
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
expand section
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
TO THOMAS JEFFERSON.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

TO THOMAS JEFFERSON.

MAD. MSS.

Dear Sir,—Since my last I have been favored
with the following inclosures.—The Bill relating to
Electors[135] Ramsay's oration, the Report on ways &


407

Page 407
means, a motion by Bingham, and the resolution for
excluding the Judges from other offices.

It is not to be denied that the Constn. might have
been properly more full in prescribing the election of
P. & V. P. but the remedy is an amendment to the
Constn., and not a legislative interference. It is
evident that this interference ought to be and was
meant to be as little permitted as possible; it being
a principle of the Constn. that the two departments
should be independent of each other, and dependent
on their Constituents only. Should the spirit of the
Bill be followed up, it is impossible to say, how far the
choice of the Ex. may be drawn out of the Constitutional
hands, and subjected to the management of
the Legislature. The danger is the greater, as the
Chief Magistrate, for the time being may be bribed
into the usurpations by so shaping them as to favor
his re-election. If this licentiousness in constructive
perversions of the Constitution, continue to increase,
we shall soon have to look into our code of laws, and
not the Charter of the people, for the form as well as
the powers of our Government. Indeed such an
unbridled spirit of construction as has gone forth in
sundry instances, would bid defiance to any possible
parchment securities against usurpation.

I understand that the general ticket law is represented
at Phila as generally unpopular. I have no
reason to believe this to be the fact. On the Contrary,
I learn that the information collected at
Richmond on this subject is satisfactory to the friends
of the law.


408

Page 408

The ground has been covered for six weeks with
snow; and there is still a remnant of it. It has given
a very unusual backwardness to all the preparations
for the ensuing crops, but we hope for some amends
from its influence on the winter grain.

 
[135]

The bill "Prescribing the mode of deciding disputed elections of
President and Vice President of the United States" originated in the
Senate. It provided that the Senate and House should "on the—
next following the day when a President and Vice President shall have
been voted for" each choose four members to form a joint committee
with power to examine into all disputes relative to the election of
President and Vice President, except such as might relate to the
number of votes by which the electors had been chosen. If the two
houses on report of the joint committee should concur in rejecting any
votes cast for President and Vice President they should not be counted.
The bill was amended in the House, passed May 2, again amended
by the Senate and finally rejected because of the Senate amendments
May 10. Annals of Cong., 6th Cong., 1779–1801, 694, 695, 697, 713.