1351Removal Power of the President, [16 June] 1789 (Madison Papers)
The Committee of the Whole took up the bill establishing a department of foreign affairs. Smith (South Carolina) and others wished to strike out the clause declaring the secretary “to be removeable from office by the President of the United States.” Mr. Madison. If the construction of the constitution is to be left to its natural course with respect to the executive powers of this government,...
1352From James Madison to Edmund Randolph, 17 June 1789 (Madison Papers)
The inclosed bill relating to the Judiciary has been just introduced into the Senate. Having not yet looked it over I can say nothing of its merits. You will be a better judge, and such remarks as your leisure will permit, will be acceptable & useful. A very interesting Question is started—By whom officers appointed during pleasure by the Presidt. & Senate are to be displaced?—whether the...
1353Removal Power of the President, [17 June] 1789 (Madison Papers)
Debate continued on the clause in the bill establishing a foreign affairs department that declared the secretary could be removed from office by the president. Mr. Madison. However various the opinions which exist upon the point now before us, it seems agreed on all sides, that it demands a careful investigation and full discussion. I feel the importance of the question, and know that our...
1354Removal Power of the President, [18 June] 1789 (Madison Papers)
The removal clause in the bill establishing a foreign affairs department was still under consideration. Mr. Madison. The question now seems to be brought to this, whether it is proper or improper to retain these words in the clause, provided they are explanatory of the constitution. I think this branch of the legislature is as much interested in the establishment of the true meaning of the...
1355From James Madison to Samuel Johnston, 21 June 1789 (Madison Papers)
I lost no time in handing to the President the address inclosed in your favor of the 22 of May, and have postponed an acknowledgment of the latter in expectation of being able at the same time to cover the President’s answer. This has been and continues to be delayed by a very serious indisposition. We hope that he is not in much danger, but are by no means without our fears also. His disorder...
1356From James Madison to Henry Lee, 21 June 1789 (Madison Papers)
It was fortunate that a duplicate of your letter to Mr. Jefferson went so soon from Alexandria. The copy in My hands did not find a conveyance fit to be trusted for a very long time—it cannot have reached him yet. I was determined to await a secure opportunity, and the intermission of the French Packet left such an one extremely rare. I was compelled at last to put it into the hands of a...
1357From James Madison to Edmund Pendleton, 21 June 1789 (Madison Papers)
The last favor for which I am to thank you is of June 9th. For some time past I have been obliged to content myself with inclosing you the Newspapers. In general they give, tho’ frequently erroneous and sometimes perverted, yet on the whole, fuller accounts of what is going forward than could be put into a letter. The papers now covered contain a sketch of a very interesting discussion which...
1358From James Madison to William Short, 21 June 1789 (Madison Papers)
Mr. George James of Virginia is recommended to me by a friend as of integrity and worth, and on that ground I take the liberty of introducing him to you. He is not sure that his objects in visiting Europe will carry him to Paris, but the possibility of such an event interests him in the means of becoming known to you, and I lend my aid for the purpose the more readily, as it affords an...
1359From James Madison to James Maury, 21 June 1789 (Madison Papers)
Letter not found. 21 June 1789. Acknowledged in Maury to JM, 13 Feb. 1790 (DLC). Introduces George James.
1360Removal Power of the President, [22 June] 1789 (Madison Papers)
The bill establishing a department of foreign affairs was still being debated in the Committee of the Whole. On 19 June the motion to strike out the clause, “to be removable from office by the President,” was defeated. The objection arose, however, that this clause had the appearance of being a grant of power by the legislature. To avoid this difficulty, Benson moved that whenever the...
1361From James Madison to Samuel Johnston, 22 June 1789 (Madison Papers)
Letter not found. 22 June 1789. Acknowledged in Johnston to JM, 8 July 1789 . Encloses President Washington’s reply to the address from North Carolina. Recommends the publication of both the address and the reply.
1362From James Madison to Tench Coxe, 24 June 1789 (Madison Papers)
Accept my acknowledgments for your favor of the 18th. instant. The printed remarks inclosed in it are already I find in the Gazettes here. It is much to be wished that the discon[ten]ted part of our fellow Citizens could be reconciled to the Government they have opposed, and by means as little as possible unacceptable to those who approve the Constitution in its present form. The amendments...
1363From James Madison to Edmund Randolph, 24 June 1789 (Madison Papers)
My last stated a question relating to the power of removal from offices then on the anvil of the H. of Rs. I now inclose the discussions as conveyed to the public thro’ the Newspapers. It is not necessary to apprize you that the reasonings on both sides are mutilated, often misapprehended, and not unfrequently reversed. You will perceive yourself that much of the reasoning is also founded on a...
1364From James Madison to [Nicholas Lewis?], 25 June 1789 (Madison Papers)
In a letter of March 15. from Mr. Jefferson I am requested to communicate to you the result of his application for leave to make a visit to America. The application was made long ago, but never decided on under the old Congress, nor taken up under the present Government till a few days ago. His wish is now complied with and notice that he has leave of absence will be forwith transmitted...
1365Treasury Department, [25 June] 1789 (Madison Papers)
Objections arose against the clause in the treasury department bill enjoining the secretary “to digest and report plans for the improvement and management of the revenue, and the support of the public credit.” Mr. Madison observed that by looking into the Journals of the late Congress, it would be found that, when the department of finance was established, the same words or very similar words...
1366Tonnage Duties, [27 June] 1789 (Madison Papers)
The Senate proposed to strike the clause in the tonnage bill providing for discrimination against vessels from countries which had no commercial treaty with the United States. On this clause it was observed, by Mr. Madison, that nothing had been urged at the conference, by the managers on the part of the senate, in favor of this amendment, but what had been repeated over and over again, by the...
1367Treasury Department, [29 June] 1789 (Madison Papers)
Mr. Madison Observed, that the committee had gone through the bill without making any provision respecting the tenure by which the comptroller is to hold his office. He thought it was a point worthy of consideration, and would therefore submit a few observations upon it. It will be necessary, said he, to consider the nature of this office, to enable us to come to a right decision on the...
1368From James Madison to Thomas Jefferson, 30 June 1789 (Madison Papers)
By this conveyance you will receive permission through Mr. Jay to make your proposed visit to America. I fear it will not reach you in time for your arrival here before the commencement of the windy season; yet I hope the delay will not oblige you to postpone your voyage till the Spring. The federal business has proceeded with a mortifying tardiness; chargeable in part on the incorrect...
1369From James Madison to James Madison, Sr., 5 July 1789 (Madison Papers)
The last letter from my brother A. left me in much anxiety for the State of my mother’s health. I have ventured to hope from the silence which has followed, that she has been on the recovery. I wish much to hear oftener from the family than I do and would set the example if other occupations, and particularly a very extensive correspondence would permit. The business goes on still very slowly....
1370From James Madison to George Nicholas, 5 July 1789 (Madison Papers)
Your favor of May 8th. was duly handed me by Mr. Bro[wn.] I thank you for the information it contains. You are right in su[pposing] that the importance of the Western Country is not sufficiently unders[tood.] Many errors with regard to it have been corrected, but many still lurk in the minds of those who view it at so great distance and through the medium perhaps of local prejudices. I hope...
1371From James Madison to James Monroe, ca. 5 July 1789 (Madison Papers)
Letter not found. Ca. 5 July 1789. Acknowledged in Monroe to JM, 19 July 1789 . Reports passage of impost and tonnage bills by Congress.
1372From James Madison to Walter Jones, 12 July 1789 (Madison Papers)
Letter not found. 12 July 1789. Acknowledged in Jones to JM, ca. 25 July 1789 . Indicates JM’s willingness to correspond with Jones concerning legislative matters.
1373From James Madison to Edmund Pendleton, 15 July 1789 (Madison Papers)
I am particularly obliged by your favor of the 3d. which incloses your remarks on the Judiciary bill. It came to hand yesterday only, and I have not had time to compare your suggestions with the plan of the Senate. Nor do I know the alterations which may have taken place in it since it has been under discussion. In many points, even supposing the outline a good one, which I have always viewed...
1374From James Madison to Edmund Randolph, 15 July 1789 (Madison Papers)
I have been favd. with yours of the 30 Ult. and thank you for your remarks on the Judiciary bill. I am glad to find you concurring in the decision as to the power of removal. It seems to meet with general approbation North of Virga. and there too as far as I yet learn. Mr. Pendleton is fully in opinion with you. So is Monroe I am told . The more the question is weighed the more proper I think...
1375Salary of the Vice-President, [16 July] 1789 (Madison Papers)
An annual salary of $5,000 was proposed for the vice-president. White objected to any salary being appropriated to the office. Mr. Madison. I do not concur, Mr. Speaker, in sentiment with my colleague on this subject. I conceive, sir, if the constitution is silent on this point, that it is left to the legislature to decide according to its nature, and its merits. The nature of the office will...
1376Salaries for the Congress, [16 July] 1789 (Madison Papers)
A daily pay of six dollars for both senators and representatives was proposed. Sedgwick moved to reduce the representatives’ pay to five dollars. Mr. Madison Was of opinion that a discrimination was necessary; he observed, that it had been evidently contemplated by the constitution, to distinguish in favor of the senate, that men of abilities and firm principles, whom the love and custom of a...
1377From James Madison to Wilson Cary Nicholas, 18 July 1789 (Madison Papers)
I inclose herewith the only printed addition which has been made to the sheets of the Journal forwarded by Mr. Hopkins. The bill imposing duties on imports having been published in all the Newspapers as it finally passed both houses I do not inclose it. The bill imposing duties on tonnage has since become a law in the hands of the President, but is not yet in print. The clauses discriminating...
1378From James Madison to George Turner, 23 July 1789 (Madison Papers)
Letter not found. 23 July 1789. Acknowledged in Turner to JM, 2 Aug. 1789 . Discusses the availability of various federal government offices. Recommends that Turner solicit a judgeship in the Northwest Territory.
1379From James Madison to Samuel Johnston, 31 July 1789 (Madison Papers)
I was duly honored with your favor of the 8th instant, inclosing a copy of the President’s answer to the address of the Executive of your State. The arrival coincided with the very moment when the subject of amendments had been resumed, and was certainly not an unpropitious circumstance. You will find the result of a committment of the business in the inclosed paper. From the dispatch and...
1380From James Madison to Anthony Wayne, 31 July 1789 (Madison Papers)
Your favor of the 15th of June has been some time in my hands, but no opportunity of acknowledging it has hitherto occurred; and I write now more in order to be ready for the first casual conveyance rather than with a reliance on any known one. I do not make use of the mail, because it is rendered ineligible by the delay & uncertainty incident to it. I can not undertake to decide on the merits...
1381From James Madison to Wilson Cary Nicholas, 2 August 1789 (Madison Papers)
My last inclosed a continuation of the printed Journals of the H. of Reps. I now add two sheets more. They are no otherwise valuable than as they serve to make up an entire sett. The commercial bills are at lengths off our hands. They have been so long delayed that an interregnum of a day or two will take place even in this & the adjacent ports, and an inconvenient one in the distant ports....
1382From James Madison to James Monroe, 9 August 1789 (Madison Papers)
I have been some days in debt for your favour of the 19th. Ult. Notwithstanding the time I have been here Taylor has never made any application on the subject of our purchase nor have I ever found that he has himself been in the City. Whence his silence has proceeded I am not able to say. It has frequently occurred to me to write to him, and I should probably have done so long since; had I not...
1383From James Madison to Edward Carrington, 12 August 1789 (Madison Papers)
I am just favd. with yours of the 30th. inst: and am glad to find your sentiments so decided as to the power of removal by the Presidt. Every letter to me, and as far as I know to others here, from Virga. ratifies the propriety of the decision of Congress. Our last discussions of moment have turned on the Compensations. The bill as gone to the Senate, allows Six dollars a day to the members of...
1384Amendments to the Constitution, [13 August] 1789 (Madison Papers)
On 21 July, JM moved that the House take up amendments in the Committee of the Whole, as provided in his resolution of 8 June. After some debate, the House referred the 8 June resolution and all the amendments proposed by the state ratifying conventions to a select committee of one member from each state. This committee reported on 28 July ( JM to W. C. Nicholas, 2 Aug. 1789 and n. 1). On 13...
1385Amendments to the Constitution, [14 August] 1789 (Madison Papers)
Under consideration was an amendment providing for one representative for every thirty thousand people until the number reached one hundred. Ames proposed a ratio of one for every forty thousand. Mr. Madison. I cannot concur in sentiment with the gentleman last up, that 1 representative for 40,000 inhabitants will conciliate the minds of those to the government, who are desirous of amendments;...
1386Amendments to the Constitution, [15 August] 1789 (Madison Papers)
The committee took up the fourth amendment (containing a bill of rights) proposed by the select committee. The first clause, “No religion shall be established by Law, nor shall the equal rights of conscience be infringed,” was under discussion. Mr. Madison Said he apprehended the meaning of the words to be, that congress should not establish a religion, and enforce the legal observation of it...
1387From James Madison to George W. Smith, 15 August 1789 (Madison Papers)
Letter not found. 15 August 1789. Acknowledged in Smith to JM, 22 Sept. 1789 . Discourages Smith’s hopes for a federal appointment.
1388Amendments to the Constitution, [17 August] 1789 (Madison Papers)
Tucker moved to strike out, “No state shall infringe the equal rights of conscience, nor the freedom of speech, or of the press, nor of the right of trial by jury in criminal cases.” Mr. Madison Conceived this to be the most valuable amendment on the whole list; if there was any reason to restrain the government of the United States from infringing upon these essential rights, it was equally...
1389Amendments to the Constitution, [18 August] 1789 (Madison Papers)
The last proposition of the select committee read: “The powers not delegated by this Constitution, nor prohibited by it to the States, are reserved to the States respectively.” Tucker moved to insert “expressly” before “delegated.” Mr. Madison Objected to this amendment, because it was impossible to confine a government to the exercise of express powers. There must necessarily be admitted...
1390From James Madison to Richard Peters, 19 August 1789 (Madison Papers)
I have been much delighted with the extract from your collection of fables, and should have told you so sooner, were I less incumbered with a number of involuntary correspondencies, which stand in the way of those which my inclination would cherish. May I hope that “The wise Cooks & foolish Guests” is but a sample of the treat you meditate for your friends, out of the “Aunciente & connynge...
1391From James Madison to Edmund Pendleton, 21 August 1789 (Madison Papers)
The last 8 or 10 days have been spent on the subject of amendts. The work has been extremely difficult and fatiguing, as well on account of the dilatory artifices of which some of the antifederal members are suspected, as of the diversity of opinions & fancies inseparable from such an Assembly as Congress. At present there is a prospect of finishing to day, the plan so far as it lies with the...
1392From James Madison to Edmund Randolph, 21 August 1789 (Madison Papers)
For a week past the subject of amendts. has exclusively occupied the H. of Reps. Its progress has been exceedingly wearisome not only on account of the diversity of opinions that was to be apprehended, but of the apparent views of some to defeat by delaying a plan short of their wishes, but likely to satisfy a great part of their companions in opposition throughout the Union. It has been...
1393From James Madison to Alexander White, 24 August 1789 (Madison Papers)
The week past has been devoted to the subject of amendments. All that remains is a formal vote on a fair transcript which will be taken this morning; and without debate I hope as each of the propositions has been agreed to by two thirds of the House. The substance of the report of the Committee of eleven has not been much varied. It became an unavoidable sacrifice to a few who knew their...
1394Judiciary Bill, [29 August] 1789 (Madison Papers)
The judiciary bill, originating in the Senate, had been sent to the House on 20 July. Consideration of it had been postponed until the House completed the business of amendments to the Constitution. Livermore’s motion to strike the third section (providing for district courts) provoked a lengthy debate as to whether inferior federal tribunals were necessary. Mr. Madison Said it would not be...
1395Location of the Capital, [3 September] 1789 (Madison Papers)
The Committee of the Whole took up Scott’s motion of 27 August: “That a permanent residence ought to be fixed for the general government of the United States, at some convenient place, as near the centre of wealth, population, and extent of territory as may be consistent with convenience to the navigation of the Atlantic ocean, and having due regard to the particular situation of the western...
1396Location of the Capital, [4 September] 1789 (Madison Papers)
Debate continued on Goodhue’s motion to fix the permanent location of the capital on the east bank of the Susquehanna in Pennsylvania. Mr. Madison Said, if this delay should not have produced any alteration in the sentiments of the gentlemen, it will at least soften that hard decision which seems to threaten the friends of the Potowmack. He hoped that all would concur in the great principle on...
1397From James Madison to Edmund Pendleton, 14 September 1789 (Madison Papers)
I was favd. on saturday with yours of the 2d. instant. The Judiciary is now under consideration. I view it as you do, as defective both in its general structure, and many of its particular regulations. The attachment of the Eastern members, the difficulty of substituting another plan, with the consent of those who agree in disliking the bill, the defect of time &c. will however prevent any...
1398From James Madison to Tench Coxe, 18 September 1789 (Madison Papers)
Your favor of the 9th. was not received till it was too late to be answered by the last mail. I now beg you to accept my acknowledgments for it. The Newspaper paragraph to which it alludes discoloured much the remarks which it puts in my mouth. It not only omits the occasion which produced them, but interpolates personal reflections which I never meant, wch. could not properly be expressed,...
1399Salaries of Judges, [18 September] 1789 (Madison Papers)
Goodhue moved to strike $4,500, the proposed salary of the chief justice of the Supreme Court, and insert $3,000 ( Gazette of the U.S. , 23 Sept. 1789). Mr. Madison Said, he did not wish to trouble the committee with a recapitulation of observations respecting the first abilities; but he would observe, that it ought to be considered, that these judges must make a new acquisition of legal...
1400Location of the Capital, [21 September] 1789 (Madison Papers)
The seat of government bill was under consideration in the Committee of the Whole. Mr. Madison Felt himself compelled to move for striking out that part of the bill, which provided, that the temporary residence of congress should continue at New-York; as he conceived it irreconcileable with the spirit of the constitution. If it was not from viewing it in this light, he should have given the...