History of the Life and Times of James Madison - William Cabell Rives - Google Books

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his Career in the Legislature of the State-Again appointed

one of the Delegates of Virginia to the Congress of the Confed-

Civil Commotions in Massachusetts pave the way for Reform of Fed-

eral Constitution - Character and Origin of those Commotions -

Measures taken by Congress to aid in their Suppression - Insur-

gents embodied under lead of an Ex-continental Officer, Daniel

Shays Insurrection finally subdued by State Authorities—

Leaves a Profound Uneasiness for the Stability of Government

and Public Order- Marked Change in the Feeling and Policy

of Massachusetts and the New-England States towards the Confed-

eration - Deputies appointed by them to the proposed Convention

at Philadelphia-Sanction of Congress given to the Conven-

tion-Spirit manifested by New York - Mr. Madison's Account

of Parties in Congress with regard to Change in Federal System

-Existence of a Quasi-monarchical Party - Sagacious Reflection

of Washington upon it― Mysterious State of Mr. Jay's Negotia-

tion with Spain for Occlusion of Mississippi — Indignation in

Western Country - Mr. Madison proposes Call for Information

- Successive Motions made by him to arrest the Negotiation-

Rapid Decline of Party in Favor of the Project-Its ultimate

Abandonment - Negotiations with Great Britain respecting West-

ern Posts, detained contrary to Treaty of Peace-Prior Violations

of the Treaty, on the part of America, alleged by the British Min-

ister-Report of Mr. Jay, admitting Infractions of the Treaty by

several of the State Legislatures - Appeal of Congress to the

Legislatures to revoke their Obnoxious Acts - Want of Author-

ity in Congress to enforce Treaties, one of the most Urgent Objects

of Reform in the approaching Federal Convention.

Preparations of Mr. Madison for Labors of Federal Convention-

Paper compiled by him on Ancient and Modern Confederacies

-Important Paper on "Vices of Political System of United

States" - Leading Principles of his Political Creed - Rights of

the Minority - Essential Safeguards in Republican Government

Abuses of the State Legislatures - Testimony, on the Subject,

of Mr. Jefferson and Colonel Mason Colleagues of Mr. Madison

in the Convention - Correspondence with General Washington

on Question of his Acceptance - Opinions of Washington with

regard to Defects of Confederation — Mr. Henry declines his Ap-

pointment-Probable Reasons of his Refusal - Character and

Opinions of Governor Randolph-Judge Blair, his Character

and Opinions - Colonel Mason's Acceptance, and General Senti-

ments towards Object of the Convention - Mr. Wythe, Sketch of

his Character and Career - Dr. M'Clurg appointed in place of

Mr. Henry
208-253

CHAPTER XXVIII.

Mr. Madison's Opinions respecting Nature of Reforms in Federal

System His Letter to General Washington on the Subject -

Congressional Negative on State Laws Power of Judiciary to

declare null and void Laws contrary to the Constitution, then

unsettled-History of the Question - Early Decisions of the

Courts of Virginia upon it- Opinions of Judges Pendleton and

Wythe - Meeting of Federal Convention - - Washington elected

President of the Convention - Characters of Delegates from the

Several States - Delegation of Pennsylvania, Franklin, Morris,

Wilson, &c. &c. - Of New Hampshire, Langdon and Gilman

Of Massachusetts, Gerry, King, &c. &c. — Of Connecticut, John-

son, Sherman, and Ellsworth Of New York, Hamilton, Yates,

and Lansing Of New Jersey, Livingston, Patterson, &c. &c.

Of Delaware, Dickinson, Read, &c. &c. -

Carroll, Mercer, &c. &c.

Of Maryland, M'Henry,

Of North Carolina, Alexander Martin,

Davie, Williamson, &c. &c. - Of South Carolina, Rutledge, the

Pinckneys, &c. - Of Georgia, Few, Baldwin, &c. - Tribute of

Mr. Madison to Character of the Convention He prepares to

report their Proceedings and Debates

Propositions of the Virginia Delegation submitted to the Convention

-Proceedings upon them in Committee of the Whole - Proposed

New Government to act upon Individuals, not States-Propor-

tional or Equal Representation of the States in the Federal Coun-

cils-Gordian Knot of the Convention-Madison, Read, Patterson,

Wilson, Franklin-Direct Representation of the People, in ono

Branch of the National Legislature, advocated by Colonel Mason

and Mr. Madison- General Denunciation of the Evils of Democ-

racy Sherman, Gerry, Mason, Randolph-Line of Demarca-

tion between Republicanism and Democracy-Convention averse

alike to Monarchy and Democracy - Power of Coercion against

the States opposed by Mr. Madison, and abandoned Executive

Department - Convention decide in Favor of Single, instead of

Plural, Executive-Danger of Monarchy, from Corruption of Peo-

ple and their Leaders — Prophetic Views of Dr. Franklin - Func-

tions and Mode of Appointment of Federal Judiciary Term of

Service of Popular Branch of Legislature - Noble and Manly

Rule of Political Conduct avowed by Mr. Madison - He advo-

cates a Firm and Stable Senate as Counterpoise to Popular Branch

-Enlightened Sentiments of Governor Randolph — Virginia Pro-

positions, with Partial Modifications, agreed to in Committee of

the Whole, and reported to the Convention-New-Jersey Plan

brought forward - Colonel Hamilton opposed to both Virginia

and New-Jersey Plans - Suggests a Plan of his own - Outline

of his Speech and Plan - They meet with little Favor in the

Convention-New-Jersey Plan rejected by Committee of the

Whole - Virginia Propositions, as modified, again reported to

the Convention - Apocryphal Draught of a Federal Government

by Mr. Charles Pinckney, of South Carolina.

Virginia Propositions, as reported by Committee of the Whole, acted

on in Convention - Motion of Mr. Lansing, of New York, in

Favor of Single Legislative Body and Equal Representation of all

the States, gives rise to Animated Discussion - Colonel Mason,

Luther Martin, Sherman, Wilson - The Motion negatived-Pro-

position of Mr. Ellsworth to refer Compensation of Members of

Congress to State Legislatures, rejected - Mr. Madison insists on

Restriction to prevent Members from voting themselves an In-

crease of Pay during their Current Term of Service - Question

on Duration of Senatorial Office - Able and Earnest Speech of

Mr. Madison for giving it Sufficient Stability to countervail Demo-

cratic Tendencies Renewed Struggle for Equal Representation

of the States in both Branches of the National Legislature — Ve-

hement Speech of Mr. Luther Martin - Temperate and Dignified

Reply of Mr. Madison — Discussion continued between Mr. Wil-

son and Mr. Sherman Dr. Franklin moves for Daily Religious

Services in the Convention - Debate on Question of Representa-

tion resumed-Dr. Johnson, Mr. Ellsworth, Mr. Read, Mr. Gor-

ham, Colonel Hamilton, Mr. Gerry Second Speech of Mr.

Madison-Motion for Equal Representation in First Branch of

Legislature rejected - Mr. Ellsworth moves Equal Representation

in Second Branch as a Compromise-Debate between Mr. Ells-

worth and Mr. Wilson - Mr. Madison replies to Mr. Ellsworth

- Shows that the Real Division of Interests in the United States

is not between the Large and the Small States, but between the

Northern and the Southern Constitutional Means of Defence

demanded by this Difference of Interest - Discussion continued

-Mr. Sherman; Mr. Davie, of North Carolina; Dr. Franklin;

Mr. Dayton, of New Jersey-Altercation between Mr. King, of

Massachusetts, and Mr. Bedford, of Delaware - Convention

equally divided on Mr. Ellsworth's Proposition - General Binck-

ney, of South Carolina, moves Appointment of Committee to

consider and report a Plan of Compromise .
358-384

Committee of Compromise make their Report - Proceedings of Con-

vention on Report of Committee - Apportionment among the

States of Representatives in First Branch of Legislature — Mr.

Williamson, of North Carolina, proposes to include Three-fifths of

the Slaves in the Rule of Apportionment - Debate between Mr.

Gouverneur Morris and Mr. Madison - Mr. Williamson's Motion

rejected Indignant Feeling of the Delegates of the Southern

States Convention reconsider and change their Decision-

Struggle for Geographical Ascendency - Mr. Gouverneur Morris

declares it to be the Policy of the Middle States to join the East-

ern States in this Struggle for Power-Answered by Mr. Wilson-

Early Jealousy of the Northern States with regard to the Rising

States of the West - Equal Representation in the Second Branch

of the Legislature - Discussion upon it renewed with Great

Warmth - Mr. Wilson, Mr. Luther Martin, Mr. Charles Pinck-

ney, Mr. Dayton, Mr. Sherman, Mr. Gerry, Mr. King, Mr. Strong

-Speeches of Mr. Madison and Mr. Wilson - Report of Commit-

tee of Compromise, as amended, finally agreed to by Vote of Five

States to Four, and One divided - Convention resume their De-

liberations on Propositions reported by Committee of the Whole

-Proposed Negative of Congress on State Laws superseded by

Provision for Judiciary Control - Proposed Appointment of Ex-

ecutive by National Legislature strongly objected to, but main-

tained Proposition to refer Election directly to People receives

Vote of only One State Sentiments of Colonel Mason upon it

-Ineligibility a Second Time, hitherto an inseparable Part of the

Provision for electing Executive by National Legislature, stricken

out by Vote of Convention-Dr. M'Clurg, of Virginia, moves,

as the only Means left of guarding the Mutual Independence of

the two Departments, that the Executive should hold during Good

Behavior-Course of Virginia Delegation, and of Mr. Madison par-

ticularly, on this Motion The Motion has the intended Effect of

re-instating Ineligibility a Second Time as an Incident to Legis-

lative Appointment of the Executive - Various other Modes of

electing the Executive proposed and discussed - Choice by Lot

suggested Convention, without being able to reach any Satis-

factory Conclusion on the Subject, acquiesce, for the present, in

the Proposed Appointment by the National Legislature - All the

Remaining Propositions, reported by Committee of the Whole,

adopted with little or no Alteration by the Convention, and with

the other Resolutions of the Convention referred to a Committee

of Detail, to report a Constitution conformably to them. . 385-424

Constitution reported by Committee of Detail - Proceedings on it in

Convention - Right of Suffrage in Election of Representatives -

Principles of Convention opposed to Universal Suffrage - Cau-

tious Policy of Convention with regard to Admission of Foreign-

ers to Political Privileges — Warm Debate on Clause restraining

Origination of Money Bills to House of Representatives - Single

Instance of Separation, in their Votes, between General Washing-

ton and Mr. Madison Contest respecting Ineligibility of Mem-

bers of Congress to other Offices - Enumeration of Powers of

Congress History of Bargain, entered into between the Eastern

States and two of the Southern States, respecting Slave Trade, and

Regulation of Commerce Strong Dissatisfaction and Disgust of

several Members of the Convention, particularly Colonel Mason

- Mr. Madison's Views of the True Balance of Interests among

the Different States, with regard to Future Commercial Policy

of the Government - Separate Powers of Senate Difficulties

in Organization of Executive Department cause it to be postponed

to last Days of Convention · Complete Unanimity with regard to

Independence of Judiciary- - New Plan brought forward by a

Committee respecting Mode of Appointment and Official Tenure

of Executive-Action of Convention upon it - Proposition of

Colonel Mason, for Council of State to President, sustained by

Mr. Madison, Dr. Franklin, Mr. Wilson, and Mr. Dickinson-

Committee of Five appointed to revise Style and Arrangement of

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