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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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SPIRIT OF GOVERNMENTS.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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SPIRIT OF GOVERNMENTS.[52]

No Government is perhaps reducible to a sole principle of
operation. Where the theory approaches nearest to this
character, different and often heterogeneous principles mingle
their influence in the administration. It is useful, nevertheless,
to analyse the several kinds of government, and to characterize
them by the spirit which predominates in each.

Montesquieu has resolved the great operative principles of
government into fear, honor, and virtue, applying the first
to pure despotisms, the second to regular monarchies, and
the third to republics. The portion of truth blended with
the ingenuity of this system sufficiently justifies the admiration
bestowed on its author. Its accuracy however can never
be defended against the criticisms which it has encountered.
Montesquieu was in politics not a Newton or a Locke, who
established immortal systems, the one in matter, the other in
mind. He was in his peculiar science what Bacon was in
universal science. He lifted the veil from the venerable errors
which enslaved opinion, and pointed the way to those luminous
truths of which he had but a glimpse himself.


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May not governments be properly divided, according to
their predominant spirit and principles into three species of
which the following are examples?

First. A government operating by a permanent military
force, which at once maintains the government, and is maintained
by it; which is at once the cause of burdens on the
people, and of submission in the people to their burdens.
Such have been the governments under which human nature
has groaned through every age. Such are the governments
which still oppress it in almost every country of Europe, the
quarter of the globe which calls itself the pattern of civilization,
and the pride of humanity.

Secondly. A government operating by corrupt influence;
substituting the motive of private interest in place of public
duty; converting its pecuniary dispensations into bounties to
favorites, or bribes to opponents; accommodating its measures
to the avidity of a part of the nation instead of the benefit
of the whole; in a word, enlisting an army of interested
partizans, whose tongues, whose pens, whose intrigues, and
whose active combinations, by supplying the terror of the
sword, may support a real domination of the few, under an
apparent liberty of the many. Such a government, wherever
to be found, is an impostor. It is happy for the new world
that it is not on the west side of the Atlantic. It will be
both happy and honorable for the United States, if they never
descend to mimic the costly pageantry of this form, nor
betray themselves into the venal spirit of its administration.

Thirdly. A government deriving its energy from the will
of the society, and operating by the reason of its measures,
on the understanding and interest of the society. Such is
the government for which philosophy has been searching, and
humanity been fighting, from the most remote ages. Such
are republican governments which it is the glory of America
to have invented, and her unrivalled happiness to possess.
May her glory be compleated by every improvement on the
theory which experience may teach; and her happiness be


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perpetuated by a system of administration corresponding
with the purity of the theory.[53]

 
[52]

From The National Gazette, February 20, 1792.

[53]

February 6, 1792, in the debate on the bill to encourage the cod
fisheries Madison repeated his constitutional views substantially as in
his speech of February 8, 1791.

TO EDMUND PENDLETON.

Dear Sir

Your favor of the 8th did not come to hand till this afternoon. I
thank you for the very just & interesting observations contained in it.
I have not yet met with an opportunity of forwarding the Report on
Manufactures; nor has that subject been yet regularly taken up.
The constitutional doctrine however advanced in the Report, has
been anticipated on another occasion, by its zealous friends; and I
was drawn into a few hasty animadversions the substance of which
you will find in one of the inclosed papers. It gives me great pleasure
to find my exposition of the Constitution so well supported by yours.

The Bill concerning the election of a President & Vice President and
the eventual successor to both, which has long been depending, has
finally got through the two Houses. It was made a question whether
the number of electors ought to correspond with the new apportionment
or the existing House of Reps. The text of the Constitution was
not decisive, and the Northern interest was strongly in favor of the
latter interpretation. The intrinsic rectitude however of the former
turned the decision in both houses in favor of the Southern. On another
point the Bill certainly errs. It provides that in case of a
double vacancy, the Executive powers shall devolve on the Prest. pro
tempore of the Senate & he failing, on the Speaker of the House of
Reps.[54] The objections to this arrangement are various, 1. it may be
questioned whether these are officers in the constitutional sense. 2. if
officers whether both could be introduced. 3. as they are created by
the Constitution, they would probably have been there designated if
contemplated for such a service, instead of being left to the Legislative
selection. 4. Either they will retain their Legislative stations, and
then incompatible functions will be blended; or the incompatibility
will supersede those stations, & then those being the substratum of
the adventitious functions, these must fail also. The Constitution
says, Congs. may declare what officers &c. which seems to make it not
an appointment or a translation; but an annexation of one office or
trust to another office. The House of Reps. proposed to substitute the
Secretary of State, but the Senate disagreed, & there being much
delicacy in the matter it was not pressed by the former.

Another Representation Bill has gone to the Senate modelled on
the double idea mentioned in my last. 1 for 30,000 is the ratio fixed
both for the late & the proposed Census. The fate of the Bill in the
Senate is problematical. The Bill immediately before the H. of Reps. is
a Militia Bill.

I have nothing to add to the contents of the Newspapers on other
subjects foreign or domestic.

With the highest esteem & sincere affn

I remain Dear Sir Yrs.
Mad. MSS.
 
[54]

The succession was deflected from the Secretary of State because
Jefferson then held the office.