N York Sepr. 30 1787.
Dear Sir
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.1
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.2 He was supported by Mr. Me——3
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.4
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.5
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.
Return to Main Debate on the Constitution Page
Revolutionary War and Beyond Home
© 2008 - 2022 Revolutionary-War-and-Beyond.com Dan & Jax Bubis
Facebook Comments