|title:||“James Madison to W. A. Duer”|
|permanent link |
to this version:
|last updated:||Jan. 22, 2013, 7:57 a.m. UTC|
|retrieved:||Sept. 26, 2020, 4:00 p.m. UTC|
Madison, James. "Letter to W. A. Duer." The Records of the Federal Convention of 1787. Vol. 3. Ed. Max Farrand. New Haven: Yale University Press, 1911. Print.
The pamphlet refers to the following provisions which are not found in the plan furnished to Mr. Adams as forming a part of the plan presented to the Convention: 1. The Executive term of service 7 years. 2. A council of revision. 3. A power to convene and prorogue the Legislature. 4. For the junction or division of States. 5. For enforcing the attendance of members of the Legislature. 6. For securing exclusive right of authors and discoverers.
The plan, according to the pamphlet, provided for the appointment of all officers, except judges and ministers, by the Executive, omitting the consent of the Senate required in the plan sent to Mr. Adams. Article numbered 9, according to the pamphlet, refers the decision of disputes between the States to the mode prescribed under the Confederation. Article numbered 7, in the plan sent to Mr. Adams, gives to the senate the regulating of the mode. There is no numerical correspondence between the articles as placed in the plan sent to Mr. Adams, and as noted in the pamphlet, and the latter refers numerically to more than are contained in the former.
It is remarkable, that although the plan furnished to Mr. Adams enumerates, with such close resemblance to the language of the Constitution as adopted, the following provisions, and among them the fundamental article relating to the constitution of the House of Representatives, they are unnoticed in his observations on the plan of Government submitted by him to the Convention, while minor provisions, as that enforcing the attendance of members of the Legislature are commented on. I cite the following, though others might be added: 3. To subdue a rebellion in any State on application of its Legislature. 2. To provide such dock-yards and arsenals, and erect such fortifications, as may be necessary for the U. States, and to exercise exclusive jurisdiction therein. 4. To establish post and military roads. 5. To declare the punishment of treason, which shall consist only in levying war against the United States, or any of them, or in adhering to their enemies. No person shall be convicted of treason but by the testimony of two witnesses. 6. No tax shall be laid on articles exported from the States.
1. Election by the people of the House of Representatives. [Not improbably unnoticed, because the plan presented by him to the Convention contained his favourite mode of electing the House of Representatives by the State Legislatures, so essentially different from that of an election by the people, as in the Constitution recommended for adoption.]
2. The Executive veto on the laws. See the succeeding numbers as above.