Richmond, June 20, 1788.
Dear Sir:
Our debates have advanced as far as the judiciary department, against
which a great effort is making. The appellate cognizance of fact,
and an extension of the power to causes between citizens of different
States, with some lesser objections, are the topics chiefly dwelt on.
The retrospection to cases antecedent to the Constitution, such as
British debts, and an apprehended revival of the Fairfax, Indiana,
Vandalia, &c., claims, are also brought into view in all the terrific
colors which imagination can give them. A few days more will probably
produce a decision, though it is surmised, that something is expected
from your Convention in consequence of the mission formerly suggested
to you. Delay and an adjournment will be tried, if the adverse party
find their numbers inferior, and can prevail on themselves to remain
here till the other side can be wearied into that mode of relieving
themselves. At present, it is calculated, that we still retain a
majority of three or four; and if we can weather the storm against
the part under consideration, I shall hold the danger to be pretty
well over. There is nevertheless a very disagreeable uncertainty in
the case; and the more so, as there is a possibility that our present
strength may be miscalculated.
Yours, affectionately,
J. Madison, Jr.