TO JAMES MADISON.

PARIS, December 20, 1787.

DEAR SIR,--My last to you was of October the 8th, by the Count de

Moustier. Yours of July the 18th, September the 6th and October the

24th, were successively received, yesterday, the day before, and three

or four days before that. I have only had time to read the letters; the

printed papers communicated with them, however interesting, being

obliged to lie over till I finish my despatches for the packet, which

despatches must go from hence the day after to-morrow. I have much to

thank you for; first and most for the cyphered paragraph respecting

myself. These little informations are very material towards forming my

own decisions. I would be glad even to know, when any individual member

thinks I have gone wrong in any instance. If I know myself, it would

not excite ill blood in me, while it would assist to guide my conduct,

perhaps to justify it, and to keep me to my duty, alert. I must thank

you, too, for the information in Thomas Burke's case; though you will

have found by a subsequent letter, that I have asked of you a further

investigation of that matter. It is to gratify the lady who is at the

head of the convent wherein my daughters are, and who, by her

attachment and attention to them, lays me under great obligations. I

shall hope, therefore, still to receive from you the result of all the

further inquiries my second letter had asked. The parcel of rice which

you informed me had miscarried, accompanied my letter to the Delegates

of South Carolina. Mr. Bourgoin was to be the bearer of both, and both

were delivered together into the hands of his relation here, who

introduced him to me, and who, at a subsequent moment, undertook to

convey them to Mr. Bourgoin. This person was an engraver, particularly

recommended to Dr. Franklin and Mr. Hopkinson. Perhaps he may have

mislaid the little parcel of rice among his baggage. I am much pleased

that the sale of western lands is so successful. I hope they will

absorb all the certificates of our domestic debt speedily, in the first

place, and that then, offered for cash, they will do the same by our

foreign ones.

The season admitting only of operations in the cabinet, and these being

in a great measure secret, I have little to fill a letter. I will,

therefore, make up the deficiency, by adding a few words on the

Constitution proposed by our convention.

I like much the general idea of framing a government, which should go

on of itself, peaceably, without needing continual recurrence to the

State legislatures. I like the organization of the government into

legislative, judiciary and executive. I like the power given the

legislature to levy taxes, and for that reason solely, I approve of the

greater House being chosen by the people directly. For though I think a

House so chosen, will be very far inferior to the present Congress,

will be very illy qualified to legislate for the Union, for foreign

nations, etc., yet this evil does not weigh against the good, of

preserving inviolate the fundamental principle, that the people are not

to be taxed but by representatives chosen immediately by themselves. I

am captivated by the compromise of the opposite claims of the great and

little States, of the latter to equal, and the former to proportional

influence. I am much pleased, too, with the substitution of the method

of voting by person, instead of that of voting by States; and I like

the negative given to the Executive, conjointly with a third of either

House; though I should have liked it better, had the judiciary been

associated for that purpose, or invested separately with a similar

power. There are other good things of less moment. I will now tell you

what I do not like. First, the omission of a bill of rights, providing

clearly, and without the aid of sophism, for freedom of religion,

freedom of the press, protection against standing armies, restriction

of monopolies, the eternal and unremitting force of the habeas corpus

laws, and trials by jury in all matters of fact triable by the laws of

the land, and not by the laws of nations. To say, as Mr. Wilson does,

that a bill of rights was not necessary, because all is reserved in the

case of the general government which is not given, while in the

particular ones, all is given which is not reserved, might do for the

audience to which it was addressed; but it is surely a _gratis dictum_,

the reverse of which might just as well be said; and it is opposed by

strong inferences from the body of the instrument, as well as from the

omission of the cause of our present Confederation, which had made the

reservation in express terms. It was hard to conclude, because there

has been a want of uniformity among the States as to the cases triable

by jury, because some have been so incautious as to dispense with this

mode of trial in certain cases, therefore, the more prudent States

shall be reduced to the same level of calamity. It would have been much

more just and wise to have concluded the other way, that as most of the

States had preserved with jealousy this sacred palladium of liberty,

those who had wandered, should be brought back to it; and to have

established general right rather than general wrong. For I consider all

the ill as established, which may be established. I have a right to

nothing, which another has a right to take away; and Congress will have

a right to take away trials by jury in all civil cases. Let me add,

that a bill of rights is what the people are entitled to against every

government on earth, general or particular; and what no just government

should refuse, or rest on inference.

The second feature I dislike, and strongly dislike, is the abandonment,

in every instance, of the principle of rotation in office, and most

particularly in the case of the President. Reason and experience tell

us, that the first magistrate will always be reelected if he may be

re-elected. He is then an officer for life. This once observed, it

becomes of so much consequence to certain nations, to have a friend or

a foe at the head of our affairs, that they will interfere with money

and with arms. A Galloman, or an Angloman, will be supported by the

nation he befriends. If once elected, and at a second or third election

outvoted by one or two votes, he will pretend false votes, foul play,

hold possession of the reins of government, be supported by the States

voting for him, especially if they be the central ones, lying in a

compact body themselves, and separating their opponents; and they will

be aided by one nation in Europe, while the majority are aided by

another. The election of a President of America, some years hence, will

be much more interesting to certain nations of Europe, than ever the

election of a King of Poland was. Reflect on all the instances in

history, ancient and modern, of elective monarchies, and say if they do

not give foundation for my fears; the Roman Emperors, the Popes while

they were of any importance, the German Emperors till they became

hereditary in practice, the Kings of Poland, the Deys of the Ottoman

dependencies. It may be said, that if elections are to be attended with

these disorders, the less frequently they are repeated the better. But

experience says, that to free them from disorder, they must be rendered

less interesting by a necessity of change. No foreign power, nor

domestic party, will waste their blood and money to elect a person, who

must go out at the end of a short period. The power of removing every

fourth year by the vote of the people, is a power which they will not

exercise, and if they were disposed to exercise it, they would not be

permitted. The King of Poland is removable every day by the diet. But

they never remove him. Nor would Russia, the Emperor, etc., permit them

to do it. Smaller objections are, the appeals on matters of fact as

well as laws; and the binding all persons, legislative, executive, and

judiciary by oath, to maintain that constitution. I do not pretend to

decide, what would be the best method of procuring the establishment of

the manifold good things in this constitution, and of getting rid of

the bad. Whether by adopting it, in hopes of future amendment; or after

it shall have been duly weighed and canvassed by the people, after

seeing the parts they generally dislike, and those they generally

approve, to say to them, "We see now what you wish. You are willing to

give to your federal government such and such powers; but you wish, at

the same time, to have such and such fundamental rights secured to you,

and certain sources of convulsion taken away. Be it so. Send together

deputies again. Let them establish your fundamental rights by a

sacrosanct declaration, and let them pass the parts of the Constitution

you have approved. These will give powers to your federal government

sufficient for your happiness."

This is what might be said, and would probably produce a speedy, more

perfect and more permanent form of government. At all events, I hope

you will not be discouraged from making other trials, if the present

one should fail. We are never permitted to despair of the commonwealth.

I have thus told you freely what I like, and what I dislike, merely as

a matter of curiosity; for I know it is not in my power to offer matter

of information to your judgment, which has been formed after hearing

and weighing everything which the wisdom of man could offer on these

subjects. I own, I am not a friend to a very energetic government. It

is always oppressive. It places the governors indeed more at their

ease, at the expense of the people. The late rebellion in Massachusetts

has given more alarm, than I think it should have done. Calculate that

one rebellion in thirteen States in the course of eleven years, is but

one for each State in a century and a half. No country should be so

long without one. Nor will any degree of power in the hands of

government, prevent insurrections. In England, where the hand of power

is heavier than with us, there are seldom half a dozen years without an

insurrection. In France, where it is still heavier, but less despotic,

as Montesquieu supposes, than in some other countries, and where there

are always two or three hundred thousand men ready to crush

insurrections, there have been three in the course of the three years I

have been here, in every one of which greater numbers were engaged than

in Massachusetts, and a great deal more blood was spilt. In Turkey,

where the sole nod of the despot is death, insurrections are the events

of every day. Compare again the ferocious depredations of their

insurgents, with the order, the moderation and the almost

self-extinguishment of ours. And say, finally, whether peace is best

preserved by giving energy to the government, or information to the

people. This last is the most certain, and the most legitimate engine

of government. Educate and inform the whole mass of the people. Enable

them to see that it is their interest to preserve peace and order, and

they will preserve them. And it requires no very high degree of

education to convince them of this. They are the only sure reliance for

the preservation of our liberty. After all, it is my principle that the

will of the majority should prevail. If they approve the proposed

constitution in all its parts, I shall concur in it cheerfully, in

hopes they will amend it, whenever they shall find it works wrong. This

reliance cannot deceive us, as long as we remain virtuous; and I think

we shall be so, as long as agriculture is our principal object, which

will be the case, while there remains vacant lands in any part of

America. When we get piled upon one another in large cities, as in

Europe, we shall become corrupt as in Europe, and go to eating one

another as they do there. I have tired you by this time with

disquisitions which you have already heard repeated by others a

thousand and a thousand times; and therefore, shall only add assurances

of the esteem and attachment with which I have the honor to be, dear

Sir, your affectionate friend and servant.

P. S. The instability of our laws is really an immense evil. I think it

would be well to provide in our constitutions, that there shall always

be a twelvemonth between the engrossing a bill and passing it; that it

should then be offered to its passage without changing a word; and that

if circumstances should be thought to require a speedier passage, it

should take two-thirds of both Houses, instead of a bare majority.

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