Richmond, June 22, 1788.
Dear Sir:
The Judiciary Department has been on the anvil for several days,
and I presume will still be a further subject of disquisition. The
attacks on it have apparently made less impression than was feared.
But they may be secretly felt by particular interests that could
not make the acknowledgment, and we choose to ground their vote
against the Constitution in other motives. In the course of this
week we hope for a close of the business in some form or other. The
opponents will probably bring forward a bill of rights, with sundry
other amendments, as conditions of ratification. Should these fail,
or be despaired of, an adjournment will, I think, be attempted. And
in case of disappointment here also, some predict a secession. I do
not myself concur in the last apprehension, though I have thought
it prudent to withhold, by a studied fairness in every step on the
side of the Constitution, every pretext for rash experiments. The
plan meditated by the friends of the Constitution is to preface the
ratification with some plain and general truths that cannot affect
the validity of the act, and to subjoin a recommendation, which may
hold up amendments as objects to be pursued in the constitutional
mode. These expedients are rendered prudent by the nice balance of
numbers, and the scruples entertained by some who are in general well
affected. Whether they will secure us a majority, I dare not positively
to declare. Our calculations promise us success by three or four, or
possibly five or six votes. But were there no possibility of mistaking
the opinions of some, in reviewing those of so many, the smallness
of the majority suggests the danger from ordinary casualties, which
may vary the result. It unluckily happens that our legislature, which
meets at this place to-morrow, consists of a considerable majority of
Anti-federal members. This is another circumstance that ought to check
our confidence. As individuals they may have some influence; and, as
coming immediately from the people at large, they can give any color
they please to the popular sentiments at this moment, and may in that
mode throw a bias on the representatives of the people in Convention.
Yours, affectionately,
J. Madison, Jr.