Details
MADISON, James, President. Letter signed ("James Madison"), with a three-line autograph postscript, to Mr. [James] Hillhouse, n.p., 17 May 1830. 4 pages, 4to, separated at central fold, evidence of mounting of right margin verso, otherwise fine.
MADISON CONSIDERS AMENDMENTS TO THE CONSTITUTION: "LIBERTY AND PEACE WILL FIND SAFEGUARDS IN THE ELECTIVE RESOURCE AND THE SPIRIT OF THE PEOPLE"
The ex-President offers an unusually detailed critique of certain amendments proposed by a Connecticut Senator. Hillhouse, a Federalist for many years, first proposed these changes in 1808 and had recently published them as Propositions for Amending the Constitution (Washington, 1830). In brief, Hillhouse proposed eliminating the electoral college entirely and selecting President and Vice-President by the drawing of lots by eligible members of the Senate. In addition, the Chief Executive's term of office would be shortened to two years. Madison responds: "...I readily acknowledge the ingenuity which devised the plan you recommend, and the strength of reasoning with which you support it," but he must raise some objections: "The first...is that the large States would not exchange the porportional agency they now have in the appointment of the Chief Magistrate, for a mode placing the largest and smallest States on a perfect equality in that cardinal transaction [the lottery]...The difficulty of reconciling the larger States to the equality in the Senate is known to have been the most threatening that was encountered in framing the Constitution...2. As the President elect would generally be without any previous evidence of national confidence, and have been in responsible relations only to a particular State, there might be danger of State partialities, and a certainty of injurious suspicions of them. 3. Considering the ordinary composition of the Senate...how often will names present themselves, which would be seen with mortified feelings at the head of the nation...Besides there might be States not furnishing at the time, characters which would satisfy the pride or inspire the confidence of the States and of the people. 4. A President not appointed by the nation & without the weight derived from its selection and confidence, could not afford the advantage expected from the qualified negative on the acts of the Legislative branch of the Government. He might either shrink from the delicacy of such an interpretation, or it might be overruled with too litle hesitation...5. In the vicissitudes of party, adverse views & feelings will exist between the Senate & President...How apt might the Senate be to embarrass the President...and with such discord and anarchy in the Executive department, how impaired would be the security for a due execution of the laws? 6. ...It has generally been admitted that the Heads of Departments at least...ought to be well disposed towards him, and not independent of him...The harmony so expedient between the President and Heads of Departments...has been too liable to interruption..." He concludes: "I am aware that some of these objections might be mitigated, if not removed, but not I suspect in a degree, to render the proposed modification of the Executive Department, an eligible substitute for the one existing. At the same time I am duly sensible of the evils incident to the existing one...I cannot feel all the alarm you express at the prospect for the future, as reflected from the mirror of the past. It will be a rare case that the Presidential contest will not issue in a choice that will not discredit the station...forseeing as it must do...the will of the nation. As long as the Country shall be exempt from a military force powerful in itself, and combined with a powerful faction, liberty and peace will find safeguards in the Elective resource, and the spirit of the people." In his handwritten postscript he writes: "Mrs. Madison is highly gratified by your kind expressions towards her..."
Madison letters on Constitutional issues are rarely encountered today.
Provenance: Philip D. Sang, who supplied a copy to the Madison Papers.
MADISON CONSIDERS AMENDMENTS TO THE CONSTITUTION: "LIBERTY AND PEACE WILL FIND SAFEGUARDS IN THE ELECTIVE RESOURCE AND THE SPIRIT OF THE PEOPLE"
The ex-President offers an unusually detailed critique of certain amendments proposed by a Connecticut Senator. Hillhouse, a Federalist for many years, first proposed these changes in 1808 and had recently published them as Propositions for Amending the Constitution (Washington, 1830). In brief, Hillhouse proposed eliminating the electoral college entirely and selecting President and Vice-President by the drawing of lots by eligible members of the Senate. In addition, the Chief Executive's term of office would be shortened to two years. Madison responds: "...I readily acknowledge the ingenuity which devised the plan you recommend, and the strength of reasoning with which you support it," but he must raise some objections: "The first...is that the large States would not exchange the porportional agency they now have in the appointment of the Chief Magistrate, for a mode placing the largest and smallest States on a perfect equality in that cardinal transaction [the lottery]...The difficulty of reconciling the larger States to the equality in the Senate is known to have been the most threatening that was encountered in framing the Constitution...2. As the President elect would generally be without any previous evidence of national confidence, and have been in responsible relations only to a particular State, there might be danger of State partialities, and a certainty of injurious suspicions of them. 3. Considering the ordinary composition of the Senate...how often will names present themselves, which would be seen with mortified feelings at the head of the nation...Besides there might be States not furnishing at the time, characters which would satisfy the pride or inspire the confidence of the States and of the people. 4. A President not appointed by the nation & without the weight derived from its selection and confidence, could not afford the advantage expected from the qualified negative on the acts of the Legislative branch of the Government. He might either shrink from the delicacy of such an interpretation, or it might be overruled with too litle hesitation...5. In the vicissitudes of party, adverse views & feelings will exist between the Senate & President...How apt might the Senate be to embarrass the President...and with such discord and anarchy in the Executive department, how impaired would be the security for a due execution of the laws? 6. ...It has generally been admitted that the Heads of Departments at least...ought to be well disposed towards him, and not independent of him...The harmony so expedient between the President and Heads of Departments...has been too liable to interruption..." He concludes: "I am aware that some of these objections might be mitigated, if not removed, but not I suspect in a degree, to render the proposed modification of the Executive Department, an eligible substitute for the one existing. At the same time I am duly sensible of the evils incident to the existing one...I cannot feel all the alarm you express at the prospect for the future, as reflected from the mirror of the past. It will be a rare case that the Presidential contest will not issue in a choice that will not discredit the station...forseeing as it must do...the will of the nation. As long as the Country shall be exempt from a military force powerful in itself, and combined with a powerful faction, liberty and peace will find safeguards in the Elective resource, and the spirit of the people." In his handwritten postscript he writes: "Mrs. Madison is highly gratified by your kind expressions towards her..."
Madison letters on Constitutional issues are rarely encountered today.
Provenance: Philip D. Sang, who supplied a copy to the Madison Papers.