Thomas Jefferson Papers

James Madison to Thomas Jefferson, 14 January 1824

From James Madison

Montpr Jany 14. 1824

Dr Sir

I return the letters from Docr Cooper inclosed in yours of the 7th. It is truly to be lamented that at his stage of life and in the midst of his valuable labours, he should experience the persecutions which torment, and depress him. Should he finally wish to exchange his present birth for one in our University, and make the proposition without any advances on our part, there could be no indelicacy in our receiving him. What I should dread would be that notwithstanding his pre-eminent qualifications, there might be difficulties to be overcome among ourselves in the first instance; and what is worse that the spirit which persecutes him where he is, would find a co-partner here not less active in poisoning his happiness, and impairing the popularity of the Institution. We must await the contingency and act for the best.

You have probably noticed that the manner in which the Constitution as it stands may operate in the approaching election of President, is multiplying projects for amending it. If electoral1 Districts, and an eventual decision by joint ballot of the two Houses of Congress could be established, it would I think be a real improvement; and as the smaller States would approve the one, and the larger the other, a spirit of compromise might adopt both.

An appeal from an abortive ballot in the first meeting of the Electors, to a reassemblage of them, a part of several of the plans, has something plausible; and in comparison with the existing arrangement, might not be inadmissible. But it is not free from material objections. It relinquishes, particularly, the policy of the Constitution in allowing as little time as possible for the Electors to be known & tampered with. And beside the opportunities for intrigue furnished by the interval between the first and second meeting, the danger of having one electoral Body played off against another, by artful misrepresentations rapidly transmitted, a danger not to be avoided, would be at least doubled. It is a fact within my own knowledge, that the equality of votes, which threatened such mischief in 1801. was the result of false assurances despatched at the critical moment, to the Electors of one State, that the votes of another would be different from what they proved to be.

Having received letters from certain quarters on the subject of the proposed amendments, which I could not decline answering, I have suggested for consideration, “that each Elector should give two votes, one naming his first choice, the other naming his next choice. If there be a majority for the first, he to be elected; if not, and a majority for the next, he to be elected: If there be not a majority for either, then the names having the two highest number of votes on the two lists taken together, to be referred to a joint ballot of the Legislature.” It is not probable that this modification will be relished by either of those to whom it has been suggested; both of them having in hand projects of their own. Nor am I sure that there may not be objections to it which have been overlooked. It was recommended to my reflections, by its avoiding the inconveniences2 of a second meeting of Electors, and at the same time doubling the chance of avoiding a final resort to Congress. I have intimated to my correspondents my disinclination to be brought in any way into the public discussion of the subject; the rather as every thing having a future relation only to a Presidential Election, may be misconstrued into some bearing on that now depending.

Affectionately Yours

James Madison

RC (DLC: Madison Papers); at both head and foot of text: “Mr Jefferson”; endorsed by TJ as received 18 Jan. 1824 and so recorded in SJL. FC (DLC: Madison Papers, Rives Collection); in Dolley Madison’s hand, with notation by James Madison accounted for below; lacking closing and signature. Enclosures: enclosures to TJ to Madison, 7 Jan. 1824.

TJ probably noticed articles in the Richmond Enquirer in which a select committee of the United States House of Representatives proposed constitutional amendments mandating the selection of presidential electors by districts. The goal was to make the process of election uniform across the states. It was also proposed that, failing a majority in the Electoral College, instead of the final power resting in the House of Representatives with each state having one vote, the two houses of Congress should make the decision by voting collectively in a joint session (Richmond Enquirer, 6, 10, and 13 Jan. 1824).

In the FC Madison placed a symbol after proved to be and keyed it to his note at foot of page: “see letter of David Gelston to J.M,” referring to a missive of 21 Nov. 1800 that discussed the presidential election of that year and the ultimately unsuccessful strategy for ensuring that TJ received more Electoral College votes than Aaron Burr (Madison, Papers, Congress. Ser. description begins William T. Hutchinson, Robert A. Rutland, John C. A. Stagg, and others, eds., The Papers of James Madison, 1962– : Congress. Ser.Pres. Ser.Retirement Ser.Sec. of State Ser. description ends , 17:438).

Madison received letters of 11 Aug. 1823 from George Hay and 26 Dec. 1823 from George McDuffie seeking his opinion on the proposed amendments to the constitution. Hay sent Madison copies of his essay, “To the People of the United States: Of the Existing System of Electing the President of the United States: Of Its Defects: And of the Remedy,” published under the pseudonym of “Phocian” in the Washington Daily National Intelligencer. Writing to Hay on 23 Aug. 1823, Madison suggested for consideration in more detail the system he gives within quotation marks above. McDuffie’s letter to Madison has not been found, but on 3 Jan. 1824 Madison acknowledged receiving the Joint Resolution Proposing an Amendment to the Constitution of the United States, in Respect to the Election of a President and Vice President of the United States, and agreed that electors should be chosen by votes in each district, instead of by state legislatures, and that when necessary the selection of president and vice president should be made by a joint ballot of the two houses of Congress (Madison, Papers, Retirement Ser. description begins William T. Hutchinson, Robert A. Rutland, John C. A. Stagg, and others, eds., The Papers of James Madison, 1962– : Congress. Ser.Pres. Ser.Retirement Ser.Sec. of State Ser. description ends , 3:105, 108–11, 195–8).

1RC: “eletoral.” FC: “electoral.”

2RC: “inconvenices.” FC: “inconveniences.”

Index Entries

  • Burr, Aaron (1756–1836); and election of1800 search
  • Congress, U.S.; and presidential elections search
  • Constitution, U.S.; proposed amendments to search
  • Cooper, Thomas (1759–1839); religious beliefs of criticized search
  • Cooper, Thomas (1759–1839); University of Virginia professorship proposed for search
  • Gelston, David; and election of1800 search
  • Hay, George; and presidential elections search
  • Madison, Dolley Payne Todd (James Madison’s wife); as J. Madison’s amanuensis search
  • Madison, James (1751–1836); and constitutional amendments search
  • Madison, James (1751–1836); and election of1800 search
  • Madison, James (1751–1836); and presidential elections search
  • Madison, James (1751–1836); and T. Cooper search
  • Madison, James (1751–1836); correspondence of search
  • Madison, James (1751–1836); letters from search
  • McDuffie, George; as member of U.S. House of Representatives search
  • United States; and presidential election of1800 search
  • United States; and presidential election of1824 search
  • United States; Electoral College search
  • Virginia, University of; Board of Visitors; and faculty recruitment search
  • Virginia, University of; Faculty and Curriculum; T. Cooper as proposed professor search