The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-01-19

ware would have the same erect as one
from Massachusetts, or Virginia
Further concessions to the Federal Gov
eminent are suggested: LET the National
Government be armed with q positive
and complete authority In all cases where
uniform measures are necessary, as In
trade, 70. Let IL also retain the powers
which IL now possesses, Lot IL have a
negative In all cases Whatsoever on the
legislative acts OF the States. as the King
OF Great Britain heretofore had. This.
/ conceive 20 be essential, and the least
possible abridgemcnt Of the State sover-
eighty. Without such O defensive power
every positive power that can be given
on paper will be unavailing. II Will also
give internal stability TO the States. There
has been no moment since the peace at
which the Federal assent would have been
given to paper money Madison tells
Randolph that. in his opinion. the national
supremacy should be extended also to the
Judiciary department. IT the Judges in
| the last report depend on the States, and
are bound by their oaths TO them, and
not to tho Union, the intention Of the law
and the interests Of the nation may be
defeated by the obsequiousness OF the
tribunals to the policy or p~reJudioes OF
the States. 1t seems at least ESSENTIAL
that an appeal should lie to some national
tribunals In all cases which concern foreign
ers or inhabitants Of other States. The
Admiralty Jurisdiction may be fully sub
mitted TO the National Government
II is obvious that a Government formed
Of such extensive powers ought 70 be well
organized. Madison thinks that 'the Legis-
lative Department may be divided into
two branches. One OF them to be chosen
every years by the Legislatures, or
the people at large; the other to consist
| Of a more select number, holding their
appointments for a longer term. and going
out in rotation. Perhaps the negative
on the State laws may be most oonven-
iently lodged In this branch. A Council
Of Revision may be superedded. including
the great ministerial officers. A National
Executive will also be necessary. | have
scarcely vcntured TO form my own opin-
ION vet. either Of the manner In which
Il ought 20 he constituted OF Of the authoIi-
ties with which IL ought 70 be clothed. :
The outline OF a Federal government thus
submitted TO Governor Randolph was 10
include an article expressly guaranteeing
the tranquility Of the States against in
ternal as well as external danger.
To give the now system proper energy,
Madison deemed II desirable to have II
ratified by the authority Of the people,
and not merely by that Of the Legislatures.
The letter TO Randolph concludes as fol-
lows Il am afraid you viii think this pro-
ject, II not e~xtravagant, absolutely uHat-
tAinable and unworthy Of being attempted.
Conceiving IL myself 20 20 no further than
IL essential, the objections drawn from this
source are TO be laid aside. fattcr myself.
however. that they may be- less formidable
On trial than In contemplation. The change
in the principle OF representation viii be
relished by a majority OF the States and
those. too. OF most Influence The Northern
States will bc ~recouciled 70 II by the actual
superiority OF their populousness; the
Southern 10y their erpoctsd SUI eriority on
this point. THIS principle established, the
ropuynanco of the large States TO part with
power will ia a great degree suhside. and
the smaller States mus, ultimately yield
20 the predominant will. IL L. also already
seen 10y many. and must by degrees 10 seen
b. oil, TINT uule-- tho Union be organized
efficiently on republican principles, limo
ystions Of a much more objectionable form
may be ob,rudcd Or. IN the most favorable
event, tho partition Of the empire into rival
and hostile cOufeieraoirs will eusue.'
We pass ~ the letter addressed 81 April
10 t. George Washington. who about a
fortnight before had communicated 20
Madison his view, = the reforms which
oush, 70 be pursued by N" Philadelphia
Convention u vii ba Observed IN Madi-
sons reply at the ideas outlined In the
previous letter TO Randolph have now taken
more definite form ir the writer's mind.
.Concoiviug." begins Madison, that an
individual i~ud"p-Ltor"o ~ she states Il
utterly ~lrrcoou,I-tL.e With their AFgfegate
s1yeraigut,, and that a cons .ItatiOn ~ the
Nhols L.to ore simple republic would b"
a. irsIl~ilcut a. Il 10 uHa'tniuable. have
sought tor Wiua ground. vhi'h may at
once support a due sup euacy 81 Tie
uat.YuA authority aud not yNrlud' tie local
aufhonuss vh,rsycT hey Dsu BE- subof-
dluatsly u-sful' A. tie F~ruuudNofs ~
s4Hh a COMPROMISE Madison reIeatt he
proposal uti o rlH.E SHOULD De- W.is ~
tUo prluriu." 81 rrpt'sauta 'i0r lhHi l.
% sly. tnr States should 10 rrpr's'ui"d
Iu ths irlsUal tuusfras not equally a.
hoy wore U.4 flr Arllrs n t"Iied'fn-
ton. i.f Irlf.r. .uatrly lu rar.f Iupila-
tIlu o. Narii fiYu a. to Ham .Irh the
t.s' b. %safrrra.i lIaf rIrH . 'hAgFu
r.alI a. ufsHEnt suY4t rlthHYt m4'n
f.IIiy a ma|.Hiy ~ ths ''a'Hs ahd
40 -a q Ftrafssf ur.sl.0s uA f'Eard if
ns favorable A. UrY T. Ns h"lihrfn
nfHfss I FW lu .HHHIH..iHi iE ulff
rH,arli I.-uaI.ua.ess I. uo rH4tIrW -
I.II rtf,i aitar'lss 90 ttf n'srrt
Tho Ierssf hiaIHs H.r r.tp uf'Ul liriI