Title: Power to Regulate Elections to the Legislature, [9 August] 1787
From: Madison, James
To:

[9 August 1787]

   Charles Pinckney and Rutledge sought to give the states exclusive control of the time, place, and manner for holding elections.

Mr Madison. The necessity of a Genl. Govt. supposes that the State Legislatures will sometimes fail or refuse to consult the common interest at the expence of their local conveniency or prejudices. The policy of referring the appointment of the House of Representatives to the people and not to the Legislatures of the States, supposes that the result will be somewhat influenced by the mode. This view of the question seems to decide that the Legislatures of the States ought not to have the uncontrouled right of regulating the times places & manner of holding elections. These were words of great latitude. It was impossible to foresee all the abuses that might be made of the discretionary power. Whether the electors should vote by ballot or viva voce, should assemble at this place or that place; should be divided into districts or all meet at one place, shd. all vote for all the representatives; or all in a district vote for a number allotted to the district; these & many other points would depend on the Legislatures, and might materially affect the appointments. Whenever the State Legislatures had a favorite measure to carry, they would take care so to mould their regulations as to favor the candidates they wished to succeed. Besides, the inequality of the Representation in the Legislatures of particular States, would produce a like inequality in their representation in the Natl. Legislature, as it was presumable that the Counties having the power in the former case would secure it to themselves in the latter. What danger could there be in giving a controuling power to the Natl. Legislature? Of whom was it to consist? 1. of a Senate to be chosen by the State Legislatures. If the latter therefore could be trusted, their representatives could not be dangerous. 2. of Representatives elected by the same people who elect the State Legislatures; surely then if confidence is due to the latter, it must be due to the former. It seemed as improper in principle, though it might be less inconvenient in practice, to give to the State Legislatures this great authority over the election of Representatives of the people in the Genl. Legislature, as it would be to give to the latter a like power over the election of their Representatives in the State Legislatures.


Title: Power to Establish Property Qualifications for Members of the Legislature, [10 August] 1787
From: Madison, James
To:

[10 August 1787]

   The report of 6 August gave the legislature power to establish property qualifications for members of that body.

Mr Madison was opposed to the Section as vesting an improper & dangerous power in the Legislature. The qualifications of electors and elected were fundamental articles in a Republican Govt. and ought to be fixed by the Constitution. If the Legislature could regulate those of either, it can by degrees subvert the Constitution. A Republic may be converted into an aristocracy or oligarchy as well by limiting the number capable of being elected, as the number authorised to elect. In all cases where the representatives of the people will have a personal interest distinct from that of their Constituents, there was the same reason for being jealous of them, as there was for relying on them with full confidence, where they had a common interest. This was one of the former cases. It was as improper as to allow them to fix their own wages, or their own privileges. It was a power also which might be made subservient to the views of one faction agst. another. Qualifications founded on artificial distinctions may be devised, by the stronger in order to keep out partizans of a weaker faction.


Title: To James Madison from Edward Carrington, 11 August 1787
From: Carrington, Edward
To: Madison, James

Dear Sir,
New York Augt. 11. 1787
I am favored with yours of the 3d. & 8th. Instt. The whole delegation have received letters from Mr. Anderson similar to that which he wrote you. I beleive Mr. Maurey has been equally extensive in his applications. I will mention to our Colleagues your suggestion of giving the names and wishes of those Gentlemen to Mr. Jay. I return you Mr. Fitch’s letter with a note of the Secretary upon it, which furnishes a satisfactory answer.
I received a letter from Major Turner upon the subject of the Secretariship, previous to which I had turned my views for that appointment, upon a Worthy Man, Major Sergeant. Of this I informed the said Turner. He has again written me that he will not stand in competition with his freind Sergeant, & will take a chance for a Seat on the Bench. My ideas of his fitness for such an office are favorable, and it will give me pleasure to be instrumental in placing him there. When these appointments, or any other business will be done, I know not. The departure of No Carolina & Georgia left us only 7 States, and the day before yesterday we lost another in the decampment of Doctor Holton, whose declining State of health obliged him to retrograde. The doctor is tolerably free from localities, and I am sorry to lose him: but on account of the breaking up of Congress, we have but little to regret, unless there had been an early prospect of raising the number of States above 7, for with that number, I think, there will never be a good act passed. All the indian affairs still remain to be acted upon, and many other things of great consequence. The President has been requested to write to the States unrepresented, pressing upon them the objects which require the attendance of their delegations, & urging them to come forward, amongst those Objects is that of the report of the Convention, which, it is supposed, is now in the State of parturition. This bantling must receive the blessing of Congress this session, or, I fear, it will expire before the new one will assemble; every experiment has its critical stages which must be taken as they occur, or the whole will fail. The peoples expectations are rising with the progress of this work, but will desert it, should it remain long with Congress. Permit me to Suggest one idea as to the mode of obtaining the accession of the States to the new plan of government. Let the convention appoint one day, say the 1st. of May, upon which a convention appointed by the people shall be held in each State, for the purpose of accepting or rejecting in toto, the project. Supposing an act of the ordinary legislatures to be equally authentic, which would not be true, yet many reasons present themselves in favor of special conventions. Many men would be admitted, who are excluded from the legislatures. The business would be taken up unclogged with any other—and it would effectually call the attention of all the people to the object as seriously affecting them. All the States being in convention at the same time, opportunities of speculating upon the views of each other would be cut off. The project should be decided upon without an attempt to alter it. You have doubtless found it difficult to reconcile the different opinions in your body. Will it not be impossible then, to reconcile those which will arise amongst numerous assemblies in the different States? It is possible there never may be a general consent to the project as it goes out; but it is absolutely certain there will never be an agrement in amendments. It is the lot of but few to be able to descern the remote principles upon which their happiness & prosperity essentially depend. The many must be asked to consent to, but not


Title: To James Madison from Edmund Pendleton, 12 August 1787
From: Pendleton, Edmund
To: Madison, James

12 August 1787, Edmundsbury. The list probably kept by Peter Force (DLC: Madison Miscellany) notes that Pendleton wrote a one-page letter to JM from Edmundsbury on this day. The summary reads: “Expectations about the Convention. Secresy beneficial. Threatened riots in opposition to the payment of debts and taxes. Money scarce.”


Title: Citizenship Qualifications for Representatives, [13 August] 1787
From: Madison, James
To:

[13 August 1787]

   Hamilton moved that the term of citizenship for members of the House of Representatives should not be fixed in the Constitution, but should be left to the discretion of Congress.

Mr Madison seconded the motion. He wished to maintain the character of liberality which had been professed in all the Constitutions & publications of America. He wished to invite foreigners of merit & republican principles among us. America was indebted to emigrations for her settlement & Prosperity. That part of America which had encouraged them most had advanced most rapidly in population, agriculture & the arts. There was a possible danger he admitted that men with foreign predilections might obtain appointments but it was by no means probable that it would happen in any dangerous degree. For the same reason that they would be attached to their native Country, our own people wd. prefer natives of this Country to them. Experience proved this to be the case. Instances were rare of a foreigner being elected by the people within any short space after his coming among us. If bribery was to be practised by foreign powers, it would not be attempted among the electors but among the elected; and among natives having full Confidence of the people not among strangers who would be regarded with a jealous eye.

[13 August 1787]

   Morris moved that the requirement of seven years’ citizenship should not apply to those who were already citizens. Sherman objected, pointing out that pledges to foreigners of equal privileges with native citizens had only been made by the individual states, and thus the national government was at liberty to make discriminations.

Mr. Madison animadverted on the peculiarity of the doctrine of Mr. Sharman. It was a subtilty by which every national engagement might be evaded. By parity of reason, wherever our Public debts, or foreign treaties become inconvenient nothing more would be necessary to relieve us from them, than to new model the Constitution. It was said that the U.S. as such have not pledged their faith to the naturalized foreigners, & therefore are not bound. Be it so, & that the States alone are bound. Who are to form the New Constitution by which the condition of that class of citizens is to be made worse than the other class? Are not the States the Agents? Will they not be the members of it? Did they not appoint this Convention? Are not they to ratify its proceedings? Will not the new Constitution be their Act? If the new Constitution then violates the faith pledged to any description of people will not the makers of it, will not the States, be the violators. To justify the doctrine it must be said that the States can get rid of their obligation by revising the Constitution, though they could not do it by repealing the law under which foreigners held their privileges. He considered this a matter of real importance. It woud expose us to the reproaches of all those who should be affected by it, reproaches which wd. soon be ecchoed from the other side of the Atlantic; and would unnecessarily enlist among the Adversaries of the reform a very considerable body of Citizens: We should moreover reduce every State to the dilemma of rejecting it or of violating the faith pledged to a part of its Citizens.


Title: Power to Originate Money Bills in the Legislature, [13 August] 1787
From: Madison, James
To:

[13 August 1787]

   The report of the Committee of Detail proposed that all money bills should originate in the House of Representatives and not be altered or amended in the Senate. The convention struck out this section on 8 August, but Randolph then offered the following substitute: “‘all bills for raising money for the purposes of revenue, or for appropriating the same, shall originate in the House of representatives; and shall not be so altered or amended by the Senate, as to encrease or diminish the sum to be raised, or change the mode of raising or the objects of it’s appropriation’” (Farrand, RecordsMax Farrand, ed., The Records of the
          Federal Convention of 1787 (4 vols.; New Haven, 1911–37)., II, 266).

Mr Madison thought If the substitute offered by Mr. Randolph for the original section is to be adopted it would be proper to allow the Senate at least so to amend as to diminish the sum to be raised. Why should they be restrained from checking the extravagance of the other House? One of the greatest evils incident to Republican Govt. was the spirit of contention & faction. The proposed substitute, which in some respects lessened the objections agst. the section, had a contrary effect with respect to this particular. It laid a foundation for new difficulties and disputes between the two houses. The word revenue, was ambiguous. In many acts, particularly in the regulations of Trade, the object would be twofold. The raising of revenue would be one of them. How could it be determined which was the primary or predominant one; or whether it was necessary that revenue shd. be the sole object, in exclusion even of other incidental effects. When the Contest was first opened with G.B. their power to regulate Trade was admitted. Their power to raise revenue rejected. An accurate investigation of the subject afterward proved that no line could be drawn between the two cases. The words amend or alter, form an equal source of doubt & altercation. When an obnoxious paragraph shall be sent down from the Senate to the House of Reps. it will be called an origination under the name of an amendment. The Senate may actually couch extraneous matter under that name. In these cases, the question will turn on the degree of connection between the matter & object of the bill and the alteration or amendment offered to it. Can there be a more fruitful source of dispute, or a kind of dispute more difficult to be settled? His apprehensions on this point were not conjectural. Disputes had actually flowed from this source in Virga. where the Senate can originate no bill. The words “so as to increase or diminish the sum to be raised,” were liable to the same objections. In levying indirect taxes, which it seemed to be understood were to form the principal revenue of the new Govt. the sum to be raised, would be increased or diminished by a variety of collateral circumstances influencing the consumption, in general, the consumption of foreign or of domestic articles—of this or that particular species of articles, and even by the mode of collection which may be closely connected with the productiveness of a tax. The friends of the section had argued its necessity from the permanency of the Senate. He could not see how this argumt. applied. The Senate was not more permanent now than in the form it bore in the original propositions of Mr. Randolph and at the time when no objection whatever was hinted agst. its originating money bills. Or if in consequence of a loss of the present question, a proportional vote in the Senate should be reinstated as has been urged as the indemnification the permanency of the senate will remain the same. If the right to originate be vested exclusively in the House of Reps. either the Senate must yield agst. its judgment to that House, in which case the Utility of the check will be lost—or the Senate will be inflexible & the H. of Reps. must adapt its money bill to the views of the Senate, in which case, the exclusive right will be of no avail. As to the Compromise of which so much had been said, he would make a single observation. There were 5 States which had opposed the equality of votes in the Senate, viz. Masts. Penna. Virga. N. Carolina & S Carola. As a compensation for the sacrifice extorted from them on this head, the exclusive origination of money bills in the other House had been tendered. Of the five States a majority viz. Penna. Virga. & S. Carola. have uniformly voted agst. the proposed compensation, on its own merits, as rendering the plan of Govt. still more objectionable. Massts. has been divided, N. Carolina alone has set a value on the compensation, and voted on that principle. What obligation then can the small States be under to concur agst. their judgments in reinstating the section?


Title: To James Madison from Thomas Jefferson, 15 August 1787
From: Jefferson, Thomas
To: Madison, James

Dear Sir
Paris Aug. 15. 1787.
A gentleman going from hence by Lorient to Boston furnishes me an opportunity of recommending to your care the inclosed letters which I could not get ready for the last packet. Pray inform me in your next whether letters directed to your foreign ministers or franked by them are free of postage. That they ought to be so, is acknoleged substantially by the resolution of Congress allowing us to charge postages. I have sometimes suspected that my letters stagnate in the post-offices.
My letters by the last packet brought down the domestic news of this country to the day in which the bed of justice was held. The day before yesterday the parliament house was surrounded by ten thousand people, who received them, on their adjournment, with acclamations of joy, took out the horses of the principal speakers & drew their chariots themselves to their hotels. The parliament not having taken the desperate step (as far as is known yet) of forbidding the execution of the new tax laws by an Arret de defense sur peine de mort, we presume it is the fear of a popular commotion which has occasioned the king to exile them to Troyes. This is known only this morning. The ministry here have certain information that the English squadron has sailed, & took it’s course Westwardly. This is another move towards war. No other important fact has taken place since my letters by the packet. Adieu yours affectionately
Th: Jefferson


Title: Power of Congress to Tax Exports, [16 August] 1787
From: Madison, James
To:

[16 August 1787]

   Mason moved to prohibit Congress from taxing exports.

Mr Madison 1. the power of taxing exports is proper in itself, and as the States can not with propriety exercise it separately, it ought to be vested in them collectively. 2. it might with particular advantage be exercised with regard to articles in which America was not rivalled in foreign markets, as Tobo. &c. The contract between the French Farmers Genl. and Mr. Morris stipulating that if taxes sd. be laid in America on the export of Tobo. they sd. be paid by the Farmers, shewed that it was understood by them, that the price would be thereby raised in America, and consequently the taxes be paid by the European Consumer. 3. it would be unjust to the States whose produce was exported by their neighbours, to leave it subject to be taxed by the latter. This was a grievance which had already filled N.H. Cont. N. Jery. Del: and N. Carolina with loud complaints, as it related to imports, and they would be equally authorised by taxes by the States on exports. 4. The Southn. States being most in danger and most needing naval protection, could the less complain if the burden should be somewhat heaviest on them. 5. we are not providing for the present moment only, and time will equalize the situation of the States in this matter. He was for these reasons agst. the motion.


Title: To James Madison from Tench Coxe, 18 August 1787
From: Coxe, Tench
To: Madison, James

Dear Sir
Augt. 18th. 1787.
Some matters of a good deal of consequence to myself render it necessary for me to be known to Mr. Jefferson—just so far as to take the liberty of addressing two or three letters to him. You will oblige me very much by favoring me with two copies of a short letter of introduction to go by different opportunities. It will be much more agreeable to me to receive them from you sealed than open. My situation in point of property is not essential, in the present Case, but principally my general estimation as a gentleman. A letter adapted to a personal introduction would answer every purpose, but I do not expect to make any use of those I may receive from you further than to enclose them in my first letter.
I have no better Apology to make for this liberty than the sincere esteem for you with which I really am, Sir, Yr. mo. respectf. h. Servt
Tench Coxe


Title: From James Madison to Thomas Jefferson, 19 August 1787
From: Madison, James
To: Jefferson, Thomas

19 August 1787. Introduces Tench Coxe as requested in Coxe’s letter to JM of 18 Aug. Recorded in list of letters from “J. M. to Ths. Jefferson” (DLC: Rives Collection, Madison Papers). Noted in Jefferson’s “Summary Journal of Letters” as received 13 Dec. 1787 (Boyd, Papers of JeffersonJulian P. Boyd et al., eds., The Papers of
          Thomas Jefferson (19 vols. to date; Princeton, 1950——)., XII, 47).


Title: Defining the Crime of Treason against the United States, [20 August] 1787
From: Madison, James
To:

[20 August 1787]

   The Committee of Detail report had defined treason as a crime limited to “levying war against the United States, or any of them; and in adhering to the enemies of the United States, or any of them” (Farrand, RecordsMax Farrand, ed., The Records of the
          Federal Convention of 1787 (4 vols.; New Haven, 1911–37)., II, 182).

Mr. Madison thought the definition too narrow. It did not appear to go as far as the Stat. of Edwd. III. He did not see why more latitude might not be left to the Legislature. It wd. be as safe as in the hands of State legislatures; and it was inconvenient to bar a discretion which experience might enlighten, and which might be applied to good purposes as well as be abused.


Title: Power of Congress to Tax Exports, [21 August] 1787
From: Madison, James
To:

[21 August 1787]

   The Committee of Detail report provided that “No tax or duty shall be laid by the Legislature on articles exported from any State” (Farrand, RecordsMax Farrand, ed., The Records of the
          Federal Convention of 1787 (4 vols.; New Haven, 1911–37)., II, 183).

Mr Madison As we ought to be governed by national and permanent views, it is a sufficient argument for giving the power over exports that a tax, tho’ it may not be expedient at present, may be so hereafter. A proper regulation of exports may & probably will be necessary hereafter, and for the same purposes as the regulation of imports; viz, for revenue—domestic manufactures—and procuring equitable regulations from other nations. An Embargo may be of absolute necessity, and can alone be effectuated by the Genl. authority. The regulation of trade between State and State can not effect more than indirectly to hinder a State from taxing its own exports; by authorizing its Citizens to carry their commodities freely into a neighbouring State which might decline taxing exports in order to draw into its channel the trade of its neighbours. As to the fear of disproportionate burdens on the more exporting States, it might be remarked that it was agreed on all hands that the revenue wd. principally be drawn from trade, and as only a given revenue would be needed, it was not material whether all should be drawn wholly from imports—or half from those, and half from exports. The imports and exports must be pretty nearly equal in every State—and relatively the same among the different States.


Title: To James Madison from James McClurg, 22 August 1787
From: McClurg, James
To: Madison, James

Dear Sir,
Richmond Augt. 22. 87.
I have so much pleasure from your communications, that I shall be careful to acknowledge the reciept of them, with a view to secure their continuance.
I have still some hope that I shall hear from you of the reinstatement of the Negative—as it is certainly the only mean by which the several Legislatures can be restrain’d from disturbing the order & harmony of the whole; & the Governmt. render’d properly national, & one. I should suppose that some of its former opponents must by this time have seen the necessity of advocating it, if they wish to support their own principles.

We have been inform’d from Green-bryar that a number of Men in that county, to the amount, it is said, of 300, have sign’d an Association, to oppose the payment of the certificate Tax, & in genl. of all debts; & it is apprehended there, that they will attempt forcibly to stop the proceedings of the next court. The Ringleader of this riot, I apprehend from the Length & sound of his christian name, Adonijah Matthews, must have come from New-England.
A News-paper writter, from Prince-Edward, has promised to investigate, & expose, the dangerous tendency, as well as unsoundness of John Adam’s doctrines—supposed by some to be Mr. H——y. This book is squibb’d at in almost every paper—but I have not heard that any body speaks of it with more acrimony than your namesake at Wmsburg.
We have got the burner of one prison & a Mr. Posey of N. Kent, deposited in the goal of this city. I have told you all our domestic anecdotes that I can think of, & am with the most sincere regard, Dear Sir, Your most obedt. friend & Servt.
Jas. McClurg


Title: Power of Congress to Prohibit the Slave Trade, [25 August] 1787
From: Madison, James
To:

[25 August 1787]

   A grand committee report of 24 August proposed that Congress be prohibited from banning the slave trade before 1800. Charles Cotesworth Pinckney moved to extend the time limit to 1808 and was seconded by Gorham.

Mr. Madison. Twenty years will produce all the mischeif that can be apprehended from the liberty to import slaves. So long a term will be more dishonorable to the National character than to say nothing about it in the Constitution.

[25 August 1787]

   The second part of the report of 24 August granted Congress the power to tax imported slaves at a rate not exceeding the average of duties on other imports.

Mr. Madison thought it wrong to admit in the Constitution the idea that there could be property in men. The reason of duties did not hold, as slaves are not like merchandize, consumed, &c.


Title: From James Madison to James McClurg, ca. 25 August 1787
From: Madison, James
To: McClurg, James

ca. 25 August 1787. Alluded to in McClurg to JM, 5 Sept. 1787. JM is indisposed but continues to attend the convention.


Title: Jurisdiction of the Supreme Court, [27 August] 1787
From: Madison, James
To:

[27 August 1787]

   Johnson moved to extend the jurisdiction of the Supreme Court to cases arising under the Constitution.

Mr. Madison doubted whether it was not going too far to extend the jurisdiction of the Court generally to cases arising under the Constitution & whether it ought not to be limited to cases of a Judiciary Nature. The right of expounding the Constitution in cases not of this nature ought not to be given to that Department.


Title: To James Madison from William Grayson, 31 August 1787
From: Grayson, William
To: Madison, James

Dr Sir
N York Augt. 31st. 1787.
Inclosed is a Stragling letter which has found it’s way to this place. I have recieved your favor & shall pay every attention to the case of Majr. Turner: his chance with respect to the Secretaryship is absolutely desperate; he must therefore be nominated for a Judges seat. This he has agreed to himself as appears by a letter to Mr. Carrington.
Judge Symms of Jersey yesterday made an application for All that tract of country lying between the Great & little Miami the East & West line & the Ohio supposed about two millions of acres, on the same terms with the Eastern Ohio Compy. His application has met with the intire approbation of the Members present: & there is no doubt but as soon [as] there is a Congress that this contract will be closed.
A Commee. is appointed to draught an Ordnance for indiscriminate locations, but a difficulty has occurred which I fear will destroy the whole affair: the Commee don’t know what the deficiency is on the Cumberland river & have figured to their timorous & suspicious imaginations that the Virginia officers & soldiers mean to take eight or ten million of acres, between the Scioto & Miami. The Commee. also contend that the State of Virga. should make proof of the deficiency of good lands on the Cumberland; should ascertain the quantity they want or have a right to on the Northern side of the Ohio; & should then take that quantity in one Body. I wish you would speak to our Governor on the subject. Perhaps it may be in his power shortly to obtain information of the quantity claimed by the Officers & Soldiers on the other side of the Ohio. If this fact was known other difficulties might perhaps be got over as I apprehend it is not very considerable. Mrs. Grayson has been very ill since her lying in, but is now much better. From yr. Affect. frd. & Most Obed Sert.
Willm. Grayson
NB. The Missisippi is in a State of absolute dormification.


Title: Method of Ratifying the Constitution, [31 August] 1787
From: Madison, James
To:

[31 August 1787]
Mr. Madison considered it best to require Conventions; Among other reasons, for this, that the powers given to the Genl. Govt. being taken from the State Govts. the Legislatures would be more disinclined than conventions composed in part at least of other men; and if disinclined, they could devise modes apparently promoting, but really, thwarting the ratification. The difficulty in Maryland was no greater than in other States, where no mode of change was pointed out by the Constitution, and all officers were under oath to support it. The people were in fact, the fountain of all power, and by resorting to them, all difficulties were got over. They could alter constitutions as they pleased. It was a principle in the Bills of rights, that first principles might be resorted to.


Title: From James Madison to James Madison, Sr., 4 September 1787
From: Madison, James
To: Madison, James, Sr.

[…] Sir
Philada. Sepr. 4. 1787.
Your last favor was dated the 9th. of July. I have been long anxious to learn the re-establishment of your health, as well as to receive information concerning the family in general. The Convention has not yet broken up but its Session will probably continue but a short time longer. Its proceedings are still under the injunction of secresy. We hear that a spirit of insurrection has shewn itself in the County of Green Briar. Some other Counties have been added by Report as infected with the same spirit; but the silence of the letters from Richmond on this latter fact, gives us hopes that the Report is not well founded. We understand also that the upper parts of the Country have suffered extremely from the drought, and that the crops will not suffice for the subsistence of the inhabitants. I hope the account is exaggerated, and wait with some impatience for a confirmation of this hope. The crops of wheat in this quarter have been uncommonly fine, and the latter rains have been so seasonable for the corn that the prospect of that crop is tolerably good. The price of good Tobo. here at present is 40/. Virga. money. As soon as the tie of secresy shall be dissolved I will forward the proceedings of the Convention. In the mean time with my affectionate regards for all the family, I remain yr. dutiful Son
Js. Madison Jr


Title: To James Madison from James McClurg, 5 September 1787
From: McClurg, James
To: Madison, James

Dear Sir,
Richmond Septr. 5. 87.
I am not surprized to hear that you have been indisposed, at this season, with such a weight of business upon you. I am more surprized that you have been able to persevere in the application, which that business required. I hope you will never take a moment either from that, or from the relaxation which it renders necessary, on account of such a correspondent as myself; who would readily give up the satisfaction he takes in your letters, for the pleasure of hearing that you are in health.
We have just reciev’d here a hand-bill from Norfolk, containing Intelligence from the British resident at Brussells, that a considerable body of french had march’d, from their Flanders frontier, into the United provinces—2 Letters from England accompanying it say, that freights of American bottoms had risen there considerably upon this news. A general European War is expected, by which it is supposed, if we can keep clear of it, we shall be very much benefited. But I imagine that before this reaches you you will have more certain & accurate Accts. of this matter. I regret exceedingly that we have not such a government establish’d, as might inspire the Dutch-merchants with a well founded confidence, & induce them to seek here a retreat from the threaten’d storm.
Adonijah Matthews, of whose turbulent attempts I inform’d you, is said to be peaceably lodg’d in the Jail of Green-bryar. This neighbourhood, as well as that of Petersburg, is uncommonly healthy—& there is no account of the usual baneful effects of this season anywhere but at Norfolk. I am, with sincere regard, Dear Sir, Your most obedt. friend & Servt.
Jas. McClurg


Title: Impeachment of the President, [8 September] 1787
From: Madison, James
To:

[8 September 1787]
Mr. Madison objected to a trial of the President by the Senate, especially as he was to be impeached by the other branch of the Legislature, and for any act which might be called a misdemesnor. The President under these circumstances was made improperly dependent. He would prefer the supreme Court for the trial of impeachments, or rather a tribunal of which that should form a part.


Title: To James Madison from James McClurg, 10 September 1787
From: McClurg, James
To: Madison, James

Dear Sir,
Richmond Septr. 10. 87
I have not yet been able to execute your commission to Mr. Beckley; but shall take care to forward the act as soon as it can be obtain’d. The report of a tendency to Insurrection in several quarters of the State is not without some foundation; tho’ the friends of Order have hitherto mantain’d the Superiority, so as to prevent any very outrageous doings. An expectation of a remedy for their discontents, well or ill founded, from the next Assembly assists in keeping them quiet.
There is said to be a disposition generally prevalent thro’ this state to comply with the plan of the Convention without much Scrutiny. Hervey, wh[o] has been in Albemarle lately, says that Nicholas is determin’d to support it however contrary it may be to his own Opinions. I am persuaded that those who sacrifice solid & permanent Advantages in this plan, to their Idea of the transitory disposition of the people, will condemn themselves hereafter. I find that I sent you some very crude Dutch Intelligence in my las[t] with which we were gull’d here for a day or two. I am Dear Sir Your most obt freind &ca
Jas. McClurg


Title: Power of Congress to Overrule the Executive Veto, [12 September] 1787
From: Madison, James
To:

[12 September 1787]

   Williamson moved to insert a two-thirds vote of each house in place of a three-fourths majority as necessary to overrule an executive veto.

Mr. Madison. When ¾ was agreed to, the President was to be elected by the Legislature and for seven years. He is now to be elected by the people and for four years. The object of the revisionary power is twofold. 1. to defend the Executive Rights 2. to prevent popular or factious injustice. It was an important principle in this & in the State Constitutions to check legislative injustice and incroachments. The Experience of the States had demonstrated that their checks are insufficient. We must compare the danger from the weakness of ⅔ with the danger from the strength of ¾. He thought on the whole the former was the greater. As to the difficulty of repeals, it was probable that in doubtful cases the policy would soon take place of limiting the duration of laws so as to require renewal instead of repeal.


Title: Suspension of Impeached Officials, [14 September] 1787
From: Madison, James
To:

[14 September 1787]

   Rutledge and Morris proposed that officials under impeachment should be suspended from office until tried and acquitted.

Mr. Madison. The President is made too dependent already on the Legislature by the power of one branch to try him in consequence of an impeachment by the other. This intermediate suspension, will put him in the power of one branch only. They can at any moment, in order to make way for the functions of another who will be more favorable to their views, vote a temporary removal of the existing Magistrate.


Title: Power of Congress to Regulate Commerce, [15 September] 1787
From: Madison, James
To:

[15 September 1787]

   McHenry and Carroll moved to allow the states to levy tonnage duties for the purpose of clearing harbors and erecting lighthouses. Gouverneur Morris objected, observing that the states were not restrained by the Constitution from laying tonnage duties.

Mr. Madison. Whether the States are now restrained from laying tonnage duties depends on the extent of the power “to regulate commerce.” These terms are vague, but seem to exclude this power of the States. They may certainly be restrained by Treaty. He observed that there were other objects for tonnage Duties as the support of Seamen &c. He was more & more convinced that the regulation of Commerce was in its nature indivisible and ought to be wholly under one authority.


Title: To James Madison from Thomas Jefferson, 17 September 1787
From: Jefferson, Thomas
To: Madison, James

Dear Sir
Paris Sep. 17. 1787.
My last to you were of Aug. 2. & 15. Since that I have sent to Havre to be forwarded to you by the present packet 3. boxes marked I.M. G.W. and A.D. The two last are for mr. Wythe in Williamsburgh, and mr. Alexr. Donald merchant in Richmond. The first contains the books for yourself which shall be noted at the close of my letter, together with the following for mr. Rittenhouse; viz. la Chymie de Fourcroi 4. vols. 8vo. Connoissance des tems 1788–1789. and Dissertation de la Sauvagere. I have put into the same box 9. copies of the Notes on Virginia. That of the English edition, and one of the others are for yourself. The 7. remaining are for mr. Jay, mr. Thomson, mr. Hopkinson, mr. Mercer (late of Congress) mr. Rittenhouse, mr. Izard & mr. Ed. Rutledge, which I will pray of you to have delivered in my name to those gentlemen. I have also put into the box 100 copies of the map of Virginia Pennsylvania &c. which be so good as to put into the hands of any booksellers you please in New York & Philadelphia to be sold at such price as you think proper, ready money only. I have sent some to Virginia to be sold at 5/6 of a dollar. If it should appear that a greater number might be sold, I would have the plate retouched, and any number struck off which might be desired. It may serve to refund a part of the expences of printing the book & engraving the map.
In my letter of Aug. 2. I troubled you on the case of John Burke. I now inclose you a letter lately received, by which it will appear that mr. Broom (not Groom) of New York paid into the hands of a capt. William S. Browne of Providence in Rhode island a balance of £56. the property of John Burke deceased, brother to Thos. Burke who writes the letter: that possibly there may be more of his property in Brown’s hands: and that it is Brown for whom your enquiries must be directed, and of whom the money must be demanded. If he will pay it on this letter of Thomas Burke, (in real money) it might be placed in the bank of Philadelphia till called for by T. B. If he requires more regular authority, be so good as to inform me what may be necessary and I will give notice to mrs. Burke the wife of Thomas who lives in France & to whom he has confided the pursuit of this object.
I have received the box you were so kind as to send me with paccans. There were 13. nuts in it, which I mention, because I suspect it had been pillaged. Your situation at New York, & the packets coming from thence to Havre, where Mr. Limozin, agent for the U.S. will take care of any thing for me, may enable you to send me a few barrels of Newtown pippins & cranberries. If you could send me also 50. or 100 grafts of the Newtown pippin they would be very desireable. They should be packed between layers of moss, a layer of moss & a layer of plants alternately, in a box, & the box nailed close, with directions to Limozin to forward them by the Diligence. Red birds for the ladies, & Opossums for the naturalists would be great presents, if any passenger would take charge of them. I must either refer you to my public letter for news, or write you a letter of news if my time will permit. I am with sincere esteem, dear Sir, your friend & servant
Th: Jefferson

J. Madison esq. to Th: Jefferson Dr.
 lt

To paid Frouille for the box marked J.M. No. 1. & packing
 20- 0

Memoires sur les impositions de l’Europe 4. v. 4to.
 36-

Loisirs d’Argenson. 2. v. 8vo.
  8-10

Charlevoix histoire de la nouvelle France. 3. v. 4to.
 27-

American traveller 4to.
  3-

Pollucis onomasticon. 4to.
  5.

Buffon Mineraux. 5th. 6th. 7th. 8th. volumes
 12

Pieces interessantes. 5th. vol.
  3.

Dissertation de la Sauvagere 8vo.
  4-12

119- 2

Your watch is done, & is in my possession. She costs 3. guineas more than I had told you she would. Two were owing to a mistake of mine in the price of my own, and the other to that of the workman who put that much gold into the case more than he had into mine. Yours costs therefore 600 lt. I have worn it a month during which, tho new, it is impossible for a watch to go better. I shall send her by the French minister, Monsieur le comte de Moustier. I wish the step-counter may be done in time to go by the same conveiance. I have been almost tempted to buy for you one of the little clocks made here mounted on marble columns. They strike, go with a pendulum, a spring instead of a weight, are extremely elegant & can be had for 10. guineas. But I shall wait your orders.
Th: J.
P.S. Will you be so good as to pay mr. C. Thomson 86.35. dollars for me, and to apologize to him for my not writing, the bearer going off a day sooner than he had told me. The letter to N. Lewis is of great consequence.


Title: From James Madison to Edmund Pendleton, 20 September 1787
From: Madison, James
To: Pendleton, Edmund

Dear Sir
Philada. Sepr. 20. 1787
The privilege of franking having ceased with the Convention, I have waited for this opportunity of inclosing you a copy of the proposed Constitution for the U. States. I forbear to make any observations on it; either on the side of its merits or its faults. The best Judges of both will be those who can combine with a knowledge of the collective & permanent interest of America, a freedom from the bias resulting from a participation in the work. If the plan proposed be worthy of adoption, the degree of unanimity attained in the Convention is a circumstance as fortunate, as the very respectable dissent on the part of Virginia is a subject of regret. The double object of blending a proper stability & energy in the Government with the essential characters of the republican Form, and of tracing a proper line of demarkation between the national and State authorities, was necessarily found to be as difficult as it was desireable, and to admit of an infinite diversity concerning the means among those who were unanimously agreed concerning the end.
I find by a letter from my father that he & my unkle Erasmus have lately paid their respects to Edmundsbury. I infer from his silence as to your health that no unfavorable change had happened in it. That this may find it perfectly re-established is the sincere and affecte. wish of Dr. Sir, Yr. friend & humble servt.
Js. Madison Jr.


Title: To James Madison from Ambrose Madison, 24 September 1787
From: Madison, Ambrose
To: Madison, James

24 September 1787. Acknowledged in JM to Ambrose Madison, 11 Oct. 1787. Reports the state of the crops in Orange County. Informs JM that his brother William wishes to enter public life.


Title: To James Madison from John Dawson, 25 September 1787
From: Dawson, John
To: Madison, James

dear Sir
Fredericksburg Sepr. 25. 1787
On my arrival in this town, on the last evening, I was much disappointed in receiving no letter from you.
The proceedings of the Convention have been forwarded by Mr. Randolph to Messrs. Mercer and Monroe, and are at this moment the subject of general conversation in every part of the town, and will soon be in every quarter of the state. Opinions have already been deliver’d, and that work, which was the production of much labour & time, has been in a few hours either damn’d or applauded, according to the wish, sentiments, or interest of the politician. Altho there are many warm friends to the plan, be assurd that the opposition will be powerful. Our old friend, the Colo from Frederick, will, I think, be much alarm’d, and will not fail to paint his fears in strong colours. I also think the powerful member from P.E. will be unfriendly. A report is circulated, that some few days since the people of that county (P.E) were assembled, and harangued by Mr H. in favour of a paper currency—that a Mr Smith, of the Academy, opposd the scheme—that on a decision a large majority conceded with Mr. Smith—That Mr. Smith then recommended to them the adoption of whatever shoud be done in convention; to which they agreed—That Mr H. informd them, that they shoud no longer consider him as their representative.
The improbabality of this report is sufficient to destroy its authenticity, altho it comes well supported, & I think we may receive it in part.
You are intimate with Mr. G. Mason—will you be kind enough to enclose me a letter of introduction to him, as an intimacy may be of consequence in the assembly?
Our correspondence will be more regular, I hope, from this time. I shall be on the Theater of Virginia politicks, & shall not fail to communicate to you whatever is transacted, worthy notice. Your engagements in public business, I am aware take up much of our time. I however flatter myself you will find leisure of express your sentiments on some political points, [whic]h will be agitated in our Legislatu[re] as I shall deem it as a matter of the first consequence to me. With much esteem & respect I am Yr. Freind & hm: Sert
J Dawson


Title: Samuel McDowell to Virginia Delegates, 25 September 1787
From: McDowell, Samuel
To: Virginia Delegates

Gentlemen,
Danville, Septemr. 25. 1787.
I have the honour to inclose you two Resolutions of a Convention of the Representatives for the District of Kentucky, by which you will be certified of their determinations respecting its separation from the State of Virginia.
As you are instructed by Government, to use your endeavours to obtain the assent of Congress to the Measure; we rely on your exertions for success, and are happy that we shall have your Influence in our favour.
The Convention, however, to manifest their anxiety for the Event; and at the same time, to manifest their unfeigned respect for Congress, as well as their attachment to the American Union, have judged it proper to address them on the momentous occasion; and have directed me to solicit your favour in having it preferred to that august Body. I have the honour to be, with every sentiment of respect, Gentlemen, Your most obt. Servant
Saml McDowell—president


Title: To James Madison from Tench Coxe, 27 September 1787
From: Coxe, Tench
To: Madison, James

Dear Sir
Philada. 27th. Sept. 1787.
My anxiety in favor of the new federal Constitution has induced me to attempt some comments on it, that might render it more clear and agreeable to the people at large, than the concise manner, in which it was necessarily drawn up, would admit of. A friend, with whom I ventured to converse on the Subject, has pressed me to pass them thro the papers of Virginia and New York. This will apologize to you for the trouble I give you in enclosing to you copies of the first & second Numbers. I beg the favor of your perusing them with Col. Hamilton, to whom make my apology also for the liberty, and, if you and he think they will be of any Service be pleased to have them reprinted in the papers of those States. I would beg leave to suggest, that if they appear worthy of this, it would be most useful to have them inserted in such Virginia paper, as circulates most in your western Counties. By the next post I will forward the third Number, which treats of the house of Representatives. The good Effects of the government I have not spoken of, my Object has been to remove apprehensions & to obviate popular reasonings drawn from the public feelings. In doing this in a public Newspaper more attention to those feelings, in the language I have used, was necessary, than if I had addressed a philosophic mind.
I will not give you pain by expressing the high sense I entertain of your partiality in your letter to Mr. J. but I trust it will appear excusable when I assure you that the Sentiments you there express will ever operate as an incentive to aim at the Qualities you have enumerated. With my respectful compliments to Col. Hamilton, and with sentiments of the highest Esteem, I am, Sir, yr. mo. obedt. hum. Servt.
Tench Coxe


Title: To James Madison from Tench Coxe, 28 September 1787
From: Coxe, Tench
To: Madison, James

Dear Sir
Philadelphia Sept. 28th. 1787.
I troubled you with a few lines by Mr Moore, in which I promised myself the pleasure of sending you the third Number of the American Citizen, which I have now the pleasure to enclose. Our house is at this Moment on the Adoption of the plan. A Motion to postpone was made by our Western Members, but on the Question only 12 were for the postponement. The house are now proceeding, and the Resolution before them is to this Effect “that the house recommend to the people of Pennsylvania the calling a Convention agreeably to the plan proposed by the late federal Convention for the purposing of considering the new Constitution &ca.”
A second Resolution is to follow fixing the times of Election & Meeting. There is very little doubt that it will be carried. I have none indeed. Mr. Findley stated his ideas on the subject fully, and went so far as to say that he thought a Convention ought to be called and expected it would be called. He made no observation unfavorable to the new Constitution. With much Respect, I am, dear Sir yr. obedt. hum. Servt.
Tench Coxe
The only ground of Opposition was not having the Constitution before the house from Congress.
29th. Our assembly on a Division on the first Question were 43 for it, & 19 against, Mr Morris was not in the house. There were 34 Republicans & 9 Constitutionalists in the 43. The principal Germans were among the nine. The Western Members chiefly composed the 19. This took place about two O’Clock when the house adjourned till after dinner. On the call of the Roll there appeared but 45 Members, 46 is a quorum. This appearing designed to prevent the second Resolution fixing the time, manner &ca. of electing and convening the State Convention[,] the Sarjeant at Arms was sent for the 17 Absentees who were found together at the House [of] a great constitutional partizan a Major Boyd, with two constitutional Members of the Council from the Western Counties Messrs. J. McClene & Smilie. They recd. the speakers Message from the Sarjeant, but refused to go to the House. The house adjourned till this Morning at ½ past nine.
It appears probable to me from the information I have been able to collect that Judge Bryan was with the 17 prior to the Sarjeants finding them, but not at the time. A Mr. Whitehill, one of the constitutional leaders, certainly was at his house at dinner.
It appears from these facts, that the Western people have a good deal of Jealousy about the new constitution, and it is very clear that the men, who have been used to lead the Constitutional are against it decidedly. I am sorry for any thing that appears irregular, or looks like an interruption of peace, but I have no doubt of a large Majority of the Convention adopting the new frame of gouvernment in toto. One thing will certainly follow the rending the constitutional party to pieces, when the animosities among them will be more bitter from their former cordiality.
The enclosed paper has also the resolution of the house at large.
The arrival of the recommendation of Congress before ten O’Clock to day would be a most happy circumstance.


Title: From James Madison to Edmund Randolph, ca. 28 September 1787
From: Madison, James
To: Randolph, Edmund

ca. 28 September 1787. Mentioned in JM to Randolph, 7 Oct. 1787. Relates proceedings of Congress on the report of the Federal Convention.


Title: From James Madison to James Madison, Sr., 30 September 1787
From: Madison, James
To: Madison, James, Sr.

Hond. Sir
New York Sepr. 30. 1787
By Mr. Blair who left Philada. immediately after the rising of the Convention, I sent to the care of Mr. F. Maury a copy of the New Constitution proposed for the U.S. Mr. Blair set out in such haste that I had no time to write by him, and I thought the omission of the less consequence as your last letter led me to suppose that you must about that time be absent on your trip to Frederick. I arrived here on monday last. The Act of the Convention was then before Congress. It has been since taken up, & by a unanimous vote, forwarded to the States to be proceeded on as recommended by the Convention. What reception this new System will generally meet with cannot yet be pronounced. For obvious reasons opposition is as likely to arise in Virginia as any where. The City of Philada. has warmly espoused it. Both parties there, it is said, have united on the occasion. It may happen nevertheless that a Country party may spring up and give a preponderancy to the opposite scale. In this City, the general voice coincides with that of Philada. but there is less apparent unanimity, and it is pretty certain that the party in power will be active in defeating the new system. In Boston the reception given to it is extremely favorable we are told; but more will depend on the Country than the Town. The eccho from Connecticut & New Jersey, as far as it has reached us denotes a favorable disposition in those States.
I inclose a few plumb Stones from an excellent Tree. I am aware that this is not the true mode of propagating the fruit, but it sometimes succeeds and sometimes even improves the fruit. With my affecte. regards to my Mother & the family I remain yr. dutifl. Son
Js. Madison Jr.


Title: From James Madison to George Washington, 30 September 1787
From: Madison, James
To: Washington, George

Dear Sir
N York Sepr. 30 1787.
I found on my arrival here that certain ideas unfavorable to the Act of the Convention which had created difficulties in that body, had made their way into Congress. They were patronised cheifly by Mr. R. H. L. and Mr. Dane of Massts. It was first urged that as the new Constitution was more than an Alteration of the Articles of Confederation under which Congress acted, and even subverted these articles altogether, there was a Constitutional impropriety in their taking any positive agency in the work. The answer given was that the Resolution of Congress in Feby. had recommended the Convention as the best mean of obtaining a firm national Government; that as the powers of the Convention were defined by their Commissions in nearly the same terms with the powers of Congress given by the Confederation on the subject of alterations, Congress were not more restrained from acceding to the new plan, than the Convention were from proposing it. It the plan was within the powers of the Convention it was within those of Congress; if beyond those powers, the same necessity which justified the Convention would justify Congress; and a failure of Congress to Concur in what was done, would imply either that the Convention had done wrong in exceeding their powers, or that the Government proposed was in itself liable to insuperable objections; that such an inference would be the more natural, as Congress had never scrupled to recommend measures foreign to their Constitutional functions, whenever the Public good seemed to require it; and had in several instances, particularly in the establishment of the new Western Governments, exercised assumed powers of a very high & delicate nature, under motives infinitely less urgent than the present state of our affairs, if any faith were due to the representations made by Congress themselves, ecchoed by 12 States in the Union, and confirmed by the general voice of the People. An attempt was made in the next place by R. H. L. to amend the Act of the Convention before it should go forth from Congress. He proposed a bill of Rights—provision for juries in civil cases & several other things corresponding with the ideas of Col. M. He was supported by Mr. Me—— Smith of this State. It was contended that Congress had an undoubted right to insert amendments, and that it was their duty to make use of it in a case where the essential guards of liberty had been omitted. On the other side the right of Congress was not denied, but the inexpediency of exerting it was urged on the following grounds. 1. that every circumstance indicated that the introduction of Congress as a party to the reform, was intended by the States merely as a matter of form and respect. 2. that it was evident from the contradictory objections which had been expressed by the different members who had animadverted on the plan, that a discussion of its merits would consume much time, without producing agreement even among its adversaries. 3. that it was clearly the intention of the States that the plan to be proposed should be the act of the Convention with the assent of Congress, which could not be the case, if alterations were made, the Convention being no longer in existence to adopt them. 4. that as the Act of the Convention, when altered would instantly become the mere act of Congress, and must be proposed by them as such, and of course be addressed to the Legislatures, not conventions of the States, and require the ratification of thirteen instead of nine States, and as the unaltered act would go forth to the States directly from the Convention under the auspices of that Body—Some States might ratify one & some the other of the plans, and confusion & disappointment be the least evils that could ensue. These difficulties which at one time threatened a serious division in Congs. and popular alterations with the yeas & nays on the journals, were at length fortunately terminated by the following Resolution—“Congress having recd. the Report of the Convention lately assembled in Philada., Resold. unanimously that the said Report, with the Resolutions & letter accompanying the same, be transmitted to the several Legislatures, in order to be submitted to a Convention of Delegates chosen in each State by the people thereof, in conformity to the Resolves of the Convention made & provided in that case.” Eleven States were present, the absent ones R.I. & Maryland. A more direct approbation would have been of advantage in this & some other States, where stress will be laid on the agency of Congress in the matter, and a handle taken by adversaries of any ambiguity on the subject. With regard to Virginia & some other States, reserve on the part of Congress will do no injury. The circumstance of unaninimity must be favorable every where.
The general voice of this City seems to espouse the new Constitution. It is supposed nevertheless that the party in power is strongly opposed to it. The Country must finally decide, the sense of which is as yet wholly unknown. As far as Boston & Connecticut has been heard from, the first impression seems to be auspicious. I am waiting with anxiety for the eccho from Virginia but with very faint hopes of its corresponding with my wishes. With every sentiment of respect & esteem, & every wish for your health & happiness, I am Dear Sir, Your Obedient, humble servt.
Js. Madison Jr.
P.S. A small packet of the size of 2 Vol. 80. addressed to you, lately came to my hands with books of my own from France. Genl. Pinkney has been so good as to take charge of them. He set out yesterday for S. Carolina & means to call at Mount Vernon.


Title: To James Madison from Edmund Randolph, 30 September 1787
From: Randolph, Edmund
To: Madison, James

My dear friend
Bowling green Sepr. 30. 1787.
We arrived here last night, with as little inconvenience as possible. Betsey has recovered by travelling.
Baltimore resounds with friendship for the new constitution, and Mr. Chase’s election depends, as it is said, upon his opinion concerning it. He waited on me, with an expectation, I suspect, of learning something to foster his opposition. I was prepared, because I had heard of his harangue to the people of Fell’s point the night before I saw him. It was represented to me, that after he had finished his speech, Colo Sam: Smith and Mr. Zebulon Hollingsworth asked him, whether he espoused the constitution or not? He replied to this effect: “Here gentleme[n] is a form of government, (pulling out the Maryland Act) under which we have lived happily for more than ten years. Shall we make a new experiment precipitately? Are we to pay taxes indefinitely, have our Militia led from one End of the continent to the other, and be dragooned by a standing army, if we fail in the smallest article of duty? But—I have not made up my mind.” However in the discourse between us, altho’ he discovered a tendency to reject the constitution, unless amended, he declared he would labour to Establish a fœderal government.
In Bladensburg the constitution is approved. In Alexandria the inhabitants are enthusiasts, and instructions to force my dissenting colleague to assent to a convention are on the anvil. I wrote to him yesterday, suggesting to him this expedient: to urge the calling of a convention as the first act of the assembly; if they shd. wish amendments, let them be stated and forwarded to the states: before the meeting of the convention an answer may be obtained: if the proposed amendments be rejected, let the constitution immediately operate: if approved, by nine states, let the assent of our convention be given under the exception of the points amended. This will, I believe, blunt the opposition, which will be formidable, if they must take altogether or reject. The reeligibility of the president and senate has excited Mr. Jas. Mercer’s resentment, and he positively objects to the constitution without an alteration. I learn nothing of Mr. H——y nor of Mr. Pendleton except that he is almost perfectly recovered. Adieu: and believe me My dear sir, always & inviolably to be yr. affectionate friend
E. R.


Title: From James Madison to Tench Coxe, 1 October 1787
From: Madison, James
To: Coxe, Tench

Dear Sir
N. York Octr. 1. 1787.
I have received & perused with much pleasure the remarks on the proposed Constitution for the U.S. which you have been so good as to favor me with. They cannot fail I think to satisfy the most scrupulous & jealous citizens, that the Act of the Convention, whatever faults it may have in other respects, is not chargeable with a dangerous similitude to real monarchy or Aristocracy. Col. Hamilton happens not to be in the City at Present. As soon as he returns your commands with respect to him shall be executed. I take it for granted that the Printers here will of themselves republish these pieces from the Philadelphia Papers. I think it not improbable that the subject & execution of them will attract the notice of the printers in most of the States. To ensure their republication however in Virginia, I will forward the copies, as soon as I discover which of my correspondents will be the most willing agents in a communication with our Printers. At present I am a perfect stranger to the sentiments of all of them on the merits of the new System, and have reason to believe that a direct application to the printer from any member of the Convention, would be made use of to disparage the Publication. With great esteem & regard I am, Sir, Yr. Obedt. hble. servt.
Js. Madison Jr


Title: To James Madison from the Reverend James Madison, [ca. 1 October] 1787
From: Madison, James (Reverend)
To: Madison, James

Dear Col.
[ca. 1 October 1787]
I was greatly indebted to you for your Favour by Mr. Blair. I do not know whether I should be justifiable in making any observations upon what I suppose, may be considered, as the Chef d’oeuvre of continental Wisdom. Yet to you I will venture a few. The general Plan for a federal Government, that is, the Idea of a Division of the Power of the united States into three Branches, is certainly most wise & fortunately conceived. If any Circumstance can induce a ready Compliance amongst the Bulk of the People of America, with federal Measures, it will be, that they flow from a Form of Govt. to wch. they are so strongly attached, and in wch. they will consider themselves as justly represented. This was a great Point gained, & I think may promise a Durability to the Union, wch. it’s warmest Friends scarce hoped for. I doubt not also, but under the new Constitution, national Faith, a great & important Object certainly, will be effectually restored. I doubt not but it will be the Means of giving Stability & Vigour to the State Govts., & prevent those frequent Vacillations from one iniquitous or absurd Scheme to another, wch. has destroyed all Confidence amongst Individuals. It will create the Habit of Obedience to the Laws, & give them that Energy wch. is unquestionably essential to a free Govt. These & many other happy Effects, may reasonably be expected from a Govt. so wisely conceived in it’s general Plan, & wch. must possess Vigour & Energy sufft. to execute the Measures adopted under it. With all these Advantages, then, ought any one to raise Objections against it? Should we not, under the Consciousness, that it is impossible to form a Constitution agreable to the Minds of all, rest satisfied with this, wch. promises so many Advantages? I confess, under these Considerations, I feel myself as a Citizen, strongly inclined to add my Voice of Approbation to that of the many who so highly extol the Labours of the Convention. But, I must also declare that it appears to me to possess a Defect, wch. perhaps threatens Ruin to Republicanism itself. Is it not my Friend, received by all, as a political Axiom—that it is essential to every free Govt., that the Legislative & executive Departments should be entirely distinct & independent? Upon what Principle was it, that this fundamental Axiom in Politics has been disregarded—since, it appears almost a Certainty, that where those Powers are united, Govt. must soon degenerate into a Tyranny. A sole Executive, who may be for Life, with almost a Negative upon the Legislature; the Senate, a principal Part of the Legislature, wch. may also be for Life, occasionally a Part of the Executive—these appear to me to be most unfortunate Features in the new Constn. I may be deceived, but they present to my Mind so strong a Stamp of Monarchy or Aristocracy, that, I think, many Generations would not pass before one or other wd. spring from the new Constn. provided, it were to continue in it’s present Form. It is true it may be amended—the only Danger is in permitting that to be received, wch. may never be amended. It is not the Quantum of Power proposed to be given to the new Congress, of wch. I complain. I am persuaded, if it be wisely exercised, it must be most happy for the States both individually & collectively, to have a Power equally restrictive & energetic lodged in the supreme Council. I only complain & lament that that Power was not distributed in such a Manner as might preserve, instead of, threaten Destruction to the Liberties of Ama.
Yet, after all, so greatly do I respect the Framers of that Constitution, so beneficial must it’s Effects be in many important Instances—that, I shd. rejoice to see it adopted—provided, it’s Continuance was limited to a certain fixed Period, revivable or not, as the States might determine. We shd. then feel it’s good Effects, without running the Risque of the Dangers it seems to threaten. But I fear I shall only tire you with my Observations—So Adieu. Frondeur as I am, beleive me to be Most sincerely Yrs. Affe.
J. Madison


Title: From James Madison to Edmund Randolph, 7 October 1787
From: Madison, James
To: Randolph, Edmund

Mr. dear friend
New York Octr. 7th. 1787.
I was yesterday favored with yours of the 30th. Ult: and heard with particular pleasure the favorable influence of your journey on Mrs. Randolph’s health.
I wrote to you shortly after my arrival here, and rehearsed the proceedings of Congress on the subject of the new federal Constitution. I have since forwarded by Mr. Hopkins a large foreign letter for you with some others for the friends of Mr. Jefferson which you will be kind enough to dispose of. I have also delivered to Mr. Constable of this City to be forwarded by water to your care, several volumes in sheets addressed to the University of W. & Mary. They came in a box of books which I received by the last packet, but without a single memorandum on the subject from any quarter. They were addressed to the two Universities of Virga. & Penna. & duplicate sheets being contained in each packet. I know not how the duty in Virga. will be settled. The difficulty was avoided here, by the precaution of entering them for re-exportation. As they are a free gift, are of little value, and are destined for a public institution, I should suppose that no facility consistent with law will be witheld.
Congs. are at present deliberating on the requisition. The Treasury Board have reported one in Specie alone, alledging the mischiefs produced by “Indents.” It is proposed by a Committee that indents be recd. from the States, but that the conditions tying down the States to a particular mode of procuring them, be abolished, and that the indents for one year be receivable in the quotas of any year.
Sinclair is appointed Govr. of the Western Territory, & a Majr. Sergeant of Masts. the Secretary of that Establishment. A Treaty with the Indians is on the anvil as a supplemental provision for the W. Country. It is not certain however that any thing will be done, as it involves money, and we shall have on the floors nine States one day more only.
We hear nothing decisive as yet concerning the general reception given to the Act of the Convention. The Advocates for it come forward more promptly than the Adversaries. The Sea Coast seems every where fond of it. The party in Boston which was thought most likely to make opposition, are warm in espousing it. It is said that Mr. S. Adams, objects to one point only, viz. the prohibition of a Religious test. Mr. Bowdoin’s objections are said to lie agst. the great number of members composing the Legislature, and the intricate election of the President. You will no doubt have heard of the fermentation in the Assembly of Penna.
Mr. Adams is permitted to return home after Feby. next, with thanks for the zeal, & fidelity of his services. As the commission of Smith expires at that time and no provision is made for Continuing him, or appointing a Successor, the representation of the U.S. at the Court of London will cease at that period. With every wish for your happiness, and with the sincerest affection I remain My dear Sir, Your Friend,
Js. Madison Jr.


Title: From James Madison to Joseph Jones, 7 October 1787
From: Madison, James
To: Jones, Joseph

7 October 1787. Acknowledged in Jones to JM, 29 Oct. 1787. Sends newspapers containing pieces by “An American Citizen” (Tench Coxe).


Title: To James Madison from Thomas Jefferson, 8 October 1787
From: Jefferson, Thomas
To: Madison, James

Dear Sir
Paris Oct. 8. 1787.
The bearer hereof the count de Moustier, successor to Monsr. de la Luzerne, would from his office need no letter of introduction to you or to any body. Yet I take the liberty of recommending him to you to shorten those formal approaches which the same office would otherwise expose him to in making your acquaintance. He is a great enemy to formality, etiquette, ostentation & luxury. He goes with the best dispositions to cultivate society without poisoning it by ill example. He is sensible, disposed to view things favorably, & being well acquainted with the constitution of England, it’s manners & language, is the better prepared for his station with us. But I should have performed only the lesser, & least pleasing half of my task, were I not to add my recommendations of Madame de Brehan. She is goodness itself. You must be well acquainted with her. You will find her well disposed to meet your acquaintance & well worthy of it. The way to please her is to receive her as an acquaintance of a thousand years standing. She speaks little English. You must teach her more, and learn French from her. She hopes by accompanying M. de Moustier to improve her health which is very feeble, & still more to improve her son in his education & to remove him to a distance from the seductions of this country. You will wonder to be told that there are no schools in this country to be compared to ours, in the sciences. The husband of Madame de Brehan is an officer, & obliged by the times to remain with the army. Monsieur de Moustier brings your watch. I have worn her two months, and really find her a most incomparable one. She will not want the little re-dressing which new watches generally do, after going about a year. She costs 600 livres. To open her in all her parts, press the little pin on the edge, with the point of your nail. That opens the chrystal. Then open the dial plate in the usual way. Then press the stem, at the end within the loop, & it opens the back for winding up or regulating. De Moustier is remarkably communicative. With adroitness he may be pumped of anything. His openness is from character not from affectation. An intimacy with him will on this account be politically valuable. I am Dear Sir your affectionate friend & servant
Th: Jefferson


Title: To James Madison from Edmund Pendleton, [8 October] 1787
From: Pendleton, Edmund
To: Madison, James

[Edmundsbury, 8 October 1787]
… A Republic was inevitably the American form, and its Natural danger Pop. Tumults & Convulsions. With these in view I read over the Constitution accurately; do not find a Trait of any Violation of the great Principles of the form, all Power being derived mediately or immediately from the People. No Title or Powers that are either hereditary or of long duration so as to become Inveterate; and the Laws & not the arbitrary will of any man, or body of men made the rule of Government. The People, the Origin of Power, cannot act personally, & can only exercise their Power by representation. The great bodies of both Federal & State Legislatures are to consist of their immediate choice, and from that choice all other Powers are derived; the secretions required in the choice of the Federal Senate and President, seem admirably contrived to prevent Popular Tumults, as well as to preserve that Equilibrium to be expected from the Ballancing Power of the three branches. In the President’s Power of Negation to the laws, the modification strikes out a happy medium between an Absolute Negative in a single person, & having no stop, or cheque upon laws too harshly, or the Offspring of Party or Faction such as upon a re-consideration, are approved by ⅔rds of Each House, ought to pass independent of any other power.
The President is indeed to be a great man, but it is only in shew to represent the Federal dignity & Power, having no latent Prerogatives, nor any Powers but such as are defined and given him by law. He is to be Commander-in-Chief of the Army & Navy, but Congress are to raise & provide for them, & that not for above two years at a time. He is to nominate all officers, but Congress must first creat[e] the offices & fix the Emoluments, and may discontinue them at pleasure & he must have the consent of ⅔rds of the Senate to his nomination. Above all his tenure of Office is short, & the Danger of Impeachment a powerful restraint against abuse of Office. A Political Head and that adorned with powder’d hair, seems as necessary & useful in Governments as that member so adorned in the natural body, and I have observed in the history of the United Netherlands, that their affairs always succeeded best, when they allowed their Stadtholder to exercise his Constitutional powers.…


Title: To James Madison from George Washington, 10 October 1787
From: Washington, George
To: Madison, James

My dear Sir,
Mount Vernon Octr., 10th. 1787
I thank you for your letter of the 30th. Ult. It came by the last Post. I am better pleased that the proceedings of the Convention is handed from Congress by a unanimous vote (feeble as it is) than if it had appeared under stronger marks of approbation without it. This apparent unanimity will have its effect. Not every one has opportunities to peep behind the curtain; and as the multitude often judge from externals, the appearance of unanimity in that body, on this occasn, will be of great importance.
The political tenets of Colo M. & Colo R. H. L. are always in unison. It may be asked which of them gives the tone? Without hesitation, I answer the latter; because the latter, I believe, will receive it from no one. He has, I am informed, rendered himself obnoxious in Philadelphia by the pains he took to dissiminate his objections amongst some [of] the leaders of the seceding members of the legislature of that State. His conduct is not less reprobated in this County. How it will be relished, generally, is yet to be learnt, by me. As far as accts. have been received from the Southern & Western Counties, the Sentiment with respect to the proceedings of the Convention is favourable. Whether the knowledge of this, or conviction of the impropriety of withholding the Constitution from State Conventions has worked most in the breast of Col M I will not decide; but the fact is, he has declared unequivocally (in a letter to me) for its going to the people. Had his sentiments however been opposed to the measure, Instructions, which are given by the freeholders of this County to their representatives, would have secured his vote for it. Yet, I have no doubt but that this assent will be accompanied by the most tremendous apprehensions, and highest colourings to his objections. To alarm the people, seems to be the ground work of his plan. The want of a qualified Navigation Act, is already declared to be a mean by which the produce of the Southern States will be reduced to nothing, & will become a monopoly of the Northern & Eastern States. To enumerate all his objections, is unnecessary; because they are detailed in the address of the seceding members of the Assembly of Pensylvania; which, no doubt you have seen.
I scarcely think that any powerful opposition will be made to the Constitution’s being submitted to a Convention of the people of this State. If it is given, it will be at that meeting—In which I hope you will make it convenient to attend; explanations will be wanting—none can give them with more precision and accuracy than yourself.
The Sentiments of Mr. Henry with respect to the Constitution which is submitted, are not known in these parts. Mr. Josh. Jones (who it seems was in Alexandr. a few days before my return home) was of opinion that they would not be inemical to it—others however conceive, that as the advocate of a paper emission, he cannot be friendly to a Constn. wch. is an effectual bar.
From circumstances which have been related, it is conjectured that the Governor wishes he had been among the subscribing members, but time will disclose more than we know at present with respect to the whole of this business; and when I hear more, I will write to you again. In the mean while I pray you to be assured of the sincere regard and affection with which I am, My dear Sir Yr. Most Obedt. & Very Hble Serv
Go: Washington
PS. Having received (in a letter) from Colo. Mason, a detail of his objections to the proposed Constitution I enclose you a copy of them.


Title: From James Madison to Ambrose Madison, 11 October 1787
From: Madison, James
To: Madison, Ambrose

Dear brother
N. York Ocr. 11. —87.
Your favor of the 24. of Sepr. did not come to hand till the day before yesterday. I am glad to find the State of Crops in your quarter not worse. From the general information I had feared that very little Tobo. would be made, and scarce any corn. I am at a loss what to say as to brother Wms. adventurig. into public life. The prospect of service to His Country does not appear to me to call for much personal sacrifice. Nor can the honor, the profit or the pleasure of the undertaking, be any object. At the same time if his inclination is on that side, and his private affairs will admit, I would not be understood to discountenance the measure. I recommend it to him however not to make an attempt without a tolerable certainty of success, and by no means to run into the error of courting it by the usual practices. If he wishes to establish himself in the good will of the County, the only durable as well as honorable plan will be to establish a character that merits it.
Congs. have just passed the annual requisition on the States. The interest on the domestic debt is called for in indents which the States are at liberty to procure in any way they please. I presume all of them, excepting such as have or mean to adopt a paper emis[sion] will buy up their quotas, instead of laying taxes payable in paper.
We have no public news. The Act of the Convention has in general been pretty well recd. as yet in the Middle & Northn. States. Opposition however begins to shew itself. It is not possible to say now on which side the Majority will finally lie. The present appearance is in favor of the new Constitution. The adversaries differ as much in their objections as they do from the thing itself.
Let me know in your next whether my brother Willm. has sold Forrester, and whether Fancy & Lemon are with foal, & what horse the latter was put to. Remember me affecely to my sister & all others of the family. Yrs.
Js. Madison Jr.


Title: From James Madison to George Washington, 14 October 1787
From: Madison, James
To: Washington, George

Dear Sir
New York Octr. 14. 1787.
The letter herewith inclosed was put into my hands yesterday by Mr. de Crœvecuœr who belongs to the Consular establishment of France in this Country. I add to it a pamphlet which Mr. Pinkney has submitted to the public, or rather as he professes, to the perusal of his friends; and a printed sheet containing his ideas on a very delicate subject; too delicate in my opinion to have been properly confided to the press. He conceives that his precautions against any farther circulation of the piece than he himself authorises, are so effectual as to justify the step. I wish he may not be disappointed. In communicating a copy to you I fulfil his wishes only.
No decisive indications of the public mind in the Northn. & Middle States can yet be collected. The Reports continue to be rather favorable to the Act of the Convention from every quarter; but its adversaries will naturally be latest in shewing themselves. Boston is certainly friendly. An opposition is known to be in petto in Connecticut; but it is said not to be much dreaded by the other side. Rhode Island will be divided on this subject in the same manner as it has been on the question of paper money. The Newspapers here have contained sundry publications animadverting on the proposed Constitution & it is known that the Government party are hostile to it. There are on the other side so many able & weighty advocates, and the conduct of the Eastern States if favorable, will add so much force to their arguments, that there is at least as much ground for hope as for apprehension. I do not learn that any opposition is likely to be made in N. Jersey. The temper of Pennsylvania will be best known to you from the direct information which you cannot fail to receive through the Newspapers & other channels.
Congress have been of late employed cheifly in settling the requisition, and in making some arrangements for the Western Country. The latter consist of the appointment of a Govr. & Secretary, and the allotment of a sum of money for Indian Treaties if they should be found necessary. The Requisition so far as it varies our fiscal system, makes the proportion of indents receivable independently of specie, & those of different years indiscriminately receivable for any year, and does not as heretofore tie down the States to a particular mode of obtaining them. Mr. Adams has been permitted to return home after Feby. next, & Mr. Jeffersons appointment continued for three years longer. With the most perfect esteem & most affectionate regard, I remain Dr. Sir, Your Obedt. friend & servant
Js. Madison Jr.


Title: From James Madison to George Washington, 18 October 1787
From: Madison, James
To: Washington, George

Dear Sir
N. York Octr. 18. 1787.
I have been this day honoured with your favor of the 10th. instant, under the same cover with which is a copy of Col. Mason’s objections to the Work of the Convention. As he persists in the temper which produced his dissent it is no small satisfaction to find him reduced to such distress for a proper gloss on it; for no other consideration surely could have led him to dwell on an objection which he acknowledged to have been in some degree removed by the Convention themselves—on the paltry right of the Senate to propose alterations in money bills—on the appointment of the vice President, President of the Senate instead of making the President of the Senate the vice President, which seemed to be the alternative—and on the possibility, that the Congress may misconstrue their powers & betray their trust so far as to grant monopolies in trade &c. If I do not forget too some of his other reasons were either not at all or very faintly urged at the time when alone they ought to have been urged; such as the power of the Senate in the case of treaties & of impeachments; and their duration in office. With respect to the latter point I recollect well that he more than once disclaimed opposition to it. My memory fails me also if he did not acquiesce in if not vote for, the term allowed for the further importation of slaves; and the prohibition of duties on exports by the States. What he means by the dangerous tendency of the Judiciary I am at some loss to comprehend. It never was intended, nor can it be supposed that in ordinary cases the inferior tribunals will not have final jurisdiction in order to prevent the evils of which he complains. The great mass of suits in every State lie between Citizen & Citizen, and relate to matters not of federal cognizance. Notwithstanding the stress laid on the necessity of a Council to the President I strongly suspect, tho I was a friend to the thing, that if such an one as Col. Mason proposed, had been established, and the power of the Senate in appointments to offices transferred to it, that as great a clamour would have been heard from some quarters which in general eccho his Objections. What can he mean by saying that the Common law is not secured by the new constitution, though it has been adopted by the State Constitutions. The common law is nothing more than the unwritten law, and is left by all the constitutions equally liable to legislative alterations. I am not sure that any notice is particularly taken of it in the Constitutions of the States. If there is, nothing more is provided than a general declaration that it shall continue along with other branches of law to be in force till legally changed. The Constitution of Virga. drawn up by Col Mason himself, is absolutely silent on the subject. An ordinance passed during the same Session, declared the Common law as heretofore & all Statutes of prior date to the 4 of James I. to be still the law of the land, merely to obviate pretexts that the separation from G. Britain threw us into a State of nature, and abolished all civil rights and Obligations. Since the Revolution every State has made great inroads & with great propriety in many instances on this monarchical code. The “revisal of the laws” by a Committe[e] of wch. Col. Mason was a member, though not an acting one, abounds with such innovations. The abolition of the right of primogeniture, which I am sure Col. Mason does not disapprove, falls under this head. What could the Convention have done? If they had in general terms declared the Common law to be in force, they would have broken in upon the legal Code of every State in the most material points: they wd. have done more, they would have brought over from G.B. a thousand heterogeneous & antirepublican doctrines, and even the ecclesiastical Hierarchy itself, for that is a part of the Common law. If they had undertaken a discrimination, they must have formed a digest of laws, instead of a Constitution. This objection surely was not brought forward in the Convention, or it wd. have been placed in such a light that a repetition of it out of doors would scarcely have been hazarded. Were it allowed the weight which Col. M. may suppose it deserves, it would remain to be decided whether it be candid to arraign the Convention for omissions which were never suggested to them—or prudent to vindicate the dissent by reasons which either were not previously thought of, or must have been wilfully concealed. But I am running into a comment as prolix, as it is out of place.
I find by a letter from the Chancellor (Mr. Pendleton) that he views the act of the Convention in its true light, and gives it his unequivocal approbation. His support will have great effect. The accounts we have here of some other respectable characters vary considerably. Much will depend on Mr. Henry, and I am glad to find by your letter that his favorable decision on the subject may yet be hoped for. The Newspapers here begin to teem with vehement & virulent calumniations of the proposed Govt. As they are cheifly borrowed from the Pensylvania papers, you see them of course. The reports however from different quarters continue to be rather flattering. With the highest respect & sincerest attachment I remain Dear Sir Yr. Obedt. & Affecte. Servant
Js. Madison Jr.


Title: To James Madison from John Dawson, 19 October 1787
From: Dawson, John
To: Madison, James

Dear Sir
Richmond. Oct. 19. 1787.
Your favour of the 2d. Int. I received in due time. Before this I presume you have heard that one hundred and five members attended at the state-house on the first day. Whether this is to be attributed to the ten pounds, or to a proper sense of duty I leave with you to determine—perhaps to both. On motion of Colo Mathews, seconded by Mr. B. Harrison, Mr. Prentis was call’d to the chair, without any opposition. On the wednesday the Senate elected Mr. Jones their Speaker. A number of papers had been laid before the house by the Executive. Among them are the proceedings of the convention, as forwarded by Congress.
On Thursday next we are to go into a committee of the whole house on this business. Altho the constitution offer’d has some able opponents, yet there is a decided majority in favour of it. There will be no opposition, I think, to a state convention, for it appears to be the general opinion that the legislature ought to send the Constitution to the people with out any mark either of censure or approbation. I enclose you a paper in which you will find a piece said, with truth I believe, to be written by Colo Mason. He is not yet arriv’d, but is hourly expected.
The System of Politicks this year will I apprehend be too much like that of the last. Mr. Nicholas has already declared in favour of scaling the provision certificates by permiting the people to pay their certificate tax by a fourth of the sum in specie. On tuesday the appointment of delegates to congress will take place. I suspect Mr. Harrison, Colo Bland & Mr. Corben will be brought forward.
The freeholders of Fairfax have, in the most pointed terms directed Colo Mason to vote for a convention, and have as pointedly assur’d him he shall not be in it. With much respect & esteem I am dear Sir Yr. Friend & Very hm Sert
J Dawson.
—This moment I receiv’d your favour of the 11 Int.

J D


Title: From James Madison to Edmund Randolph, 21 October 1787
From: Madison, James
To: Randolph, Edmund

My dear friend
New York Ocr. 21. 1787.
I mentioned in a late letter that I had addressed to your care a small box of books for the University. I now inclose the Bill of lading. Inclosed also is a bill of lading for another Box destined for Mr. W. Hay. Will you be so good as to have it handed to him. I paid two dollars for its freight from France to this port, which he may repay to you. The money you remitted by me to Col. Carrington having somewhat exceeded the amount of his demand, the two dollars may the more properly pass into your hands.
I have recd. no letter from you since your halt at the Bolling-Green. We hear that opinions are various in Virginia on the plan of the Convention. I have recd. within a few days a letter from the Chancellor by which I find that he gives it his approbation; and another from the President of Willm. & Mary which, though it does not absolutely reject the Constitution, criticizes it pretty freely. The Newspapers in the middle & Northern States begin to teem with controversial publications. The attacks seem to be principally levelled agst. the organization of the Government, and the omission of the provisions contended for in favor of the Press, & Juries &c. A new Combatant however with considerable address & plausibility, strikes at the foundation. He represents the situation of the U.S. to be such as to render any Govt. improper & impracticable which forms the States into one nation & is to operate directly on the people. Judging from the News papers one wd. suppose that the adversaries were the most numerous & the most in earnest. But there is no other evidence that it is the fact. On the contrary we learn that the Assembly of N. Hamshire which recd. the constitution on the point of their adjournment, were extremely pleased with it. All the information from Massts. denotes a favorable impression there. The Legislature of Connecticut have unanimously recommended the choice of a Convention in that State. And Mr. Baldwin who is just from the spot tells me that from present appearances the opposition will be inconsiderable; that the Assembly if it depended on them would adopt the System almost unanimously; and that the Clergy and all the literary men are exerting themselves in its favor. Rho. Island is divided; The majority being violently agst. it. The temper of this State cannot yet be fully discerned. A strong party is in favor of it. But they will probably be outnumbered if those whose sentiments are not yet known, should take the opposite side. N. Jersey appears to be zealous. Meetings of the people in different counties are declaring their approbation & instructing their representatives. There will probably be a strong opposition in Penna. The other side however continue to be sanguine. Docr. Carroll who came hither lately from Maryland tells me, that the public voice there appears at present to be decidedly in favor of the Constitution. Notwithstanding all these circumstances, I am far from considering the public mind as fully known or finally settled on the subject. They amount only to a strong presumption that the general sentiment in the Eastern & middle States is friendly to the proposed System at this time. Present me respectfully to Mrs. R. and accept the most fervent wishes for your happiness from your Affece. friend
Js. Madison Jr.


Title: To James Madison from Archibald Stuart, 21 October 1787
From: Stuart, Archibald
To: Madison, James

Dr Sir
Richmond Octr 21st. 1787.
Contrary to custom we had a house of Delegates on the 15th. inst: & proceeded to read the Govrs. letter with its inclosures. We have resolved to discontinue the additional tax of 6/ P HH.D. on Tobo. Exported; to amend the militia Law by furnishing the Militia with publick Arms & by annexing to each battalion of infantry a small troop of horses to be raised by voluntary enlistment & Accoutred at their own expence.
The Language from every quarter of the house is the Necessity of alleviateing the publick burthens & at the same time supporting the publick credit, & the Certificate tax our Only sinking fund I fear will cease & those in the hands of the holders be added to the mass of our funded debt.
Next thursday is set apart for adopting the necessary measures for calling a Convention on the subject of the fœderal constitution. From the disposition of some of the members I fear it will be difficult to execute that Business without entering into the merits of the Constitution itself.
Mr Henry has upon all Occasions however foreign his subject attempted to give the Constitution a side blow. Its friends are equally warm in its support & never fail to pursue him through all his Windings. From what I can learn the body of the people approve the proposed plan of Government, it has however no contemptible opposition[:] Our two dissenting members in the Genl Convention P: Hy:, the family of Cabells, St Geo: Tucker, J Taylor, W Nelson: Genl. Nelson W Ronald I fear, the Judges I am told except P Carrington & Others to tedious & at the same time too insignificant to mention.

The Doctrine of Installments is once more to be the subject of Debate & a clog to the District Bill an incunbrince which I fear will again damn that Important Measure.
We have had Notice that a Commutation of Tobo. for specie in payment of taxes will be proposed & the Result of which you shall shortly hear.
Would it be proper that the ensuing Convention should also reform Our State constitution. The Objection to these innovations is that in the mean time the minds of men are Agitated & Government unhinged & as we are about to encounter this & every Other Objection would not the present be the most favorable crisis for this important Business. I am Dr Sir with respect & esteem yr most Obt H servant
Archd Stuart