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silent in the constitutional convention, and so he was not elected. But those who had served with him in the convention, and had witnessed the talents, energy, learning and fidelity of the modest young man, interested themselves in securing his ability in the public service, and obtained his appointment as a member of the executive council. In this capacity he served under Patrick Henry and Thomas Jefferson who, learning his great worth, became his powerful friends for the whole of their lives.

MADE A MEMBER OF THE CONTINENTAL CONGRESS.

In the year 1780 Mr. Madison was elected to the Continental Congress, in the twenty-ninth year of his age. He was yet a young man and had given three years to the service of his native state in the organization and admistration of its government. Now he was in the great council of the forming nation, among its greatest men, and having a share in the conduct of its greatest affairs. The war had so far proceeded that it must be pushed through to final victory or defeat. America must be a country of freemen or slaves. With such young men as Mr. Madison, the question had but one side: America must be free. So their minds were occupied with plans for the government of the new nation. This was especially so with young Madison. He had a constructive mind. He saw that the old forms of government had gone to pieces, and new ones must be put in their places. To this constructive work he bent all his energies. Reared in the most aristocratic society in America, such was the freedom and originality of his mind that he adopted the broadest and most humane ways of thinking. He went to every question as to a fresh study, with little reference to what had been the prevailing opinion upon it. He served three years in Congress, which included the close of the war and the treaty of peace.

ELECTED TO THE VIRGINIA LEGISLATURE.

In 1784 Mr. Madison was elected a member of the Virginia Legislature. Now that peace and freedom were secured, the work

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of government construction was fairly begun. To this work ne carried all his power. Virginia was English to the core; it must be made American and republican to the core. He advocated such a thorough revision of the old statutes as would make them conform to the new republican order of society. It was hard for the tories to submit to these radical changes; and every change. had to be secured by a hard battle of words and votes. The war of swords and cannon had been changed to a war of arguments and ballots. The war was not over by any means. The tories,

who had lost all in the field, now meant to gain what they could in the legislatures. Into this legislature came the final settlement of the question of religious freedom in Virginia, which brought Mr. Madison, as a young man, into public notice. He published a "Memorial and Remonstrance" against a general and legal assessment for the support of religion, which was so able and exhaustive that it essentially settled the matter, and religion became as free in Virginia as elsewhere. Church and state were separated, to coalesce naturally and freely in their inner principles and life, and become mutual supports to each other.

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He served in the legislature three years, during which time Kentucky was separated from Virginia and erected into a state by his aid. He opposed the introduction of paper money; favored the legal code proposed by Jefferson, Wythe and Pendleton; and supported the recovery of debts due to British creditors.

In January, 1786, Mr. Madison offered a resolution inviting the several states to send delegates to a convention to meet at Annapolis, to consider a reorganization of the general government of the country. Such a convention was held, but only five states sent delegates. But though the number was too small to act authoritatively for all the states, the delegates present discussed the condition and needs of the country and resolved upon a movement for a convention the next year to form a constitution. The proposition was generally accepted by the states.

A CONSTITUTIONAL CONVENTION

was called for May, 1787. The convention met in Philadelphia. Mr. Madison was chosen as one of the delegates from Virginia. Washington was another, and was elected president of the con vention. It met at the appointed time-one of the most able, earnest, conscientious and dignified bodies of men ever asɩembled. It was an assembly of giants-"of demigods," as Jefferson said. Nor were the men greater than the occasion The old confederation of states had proved itself inadequate in many particulars. It was a body without a head. It was a government by congress, in session only a part of a time, a government without system or fundamental law. So poorly did it work that many were losing confidence in popular government. In many of the best minds there was a turning back to monarchy as the only hope of stability and peace. Those of tory proclivities were beginning to say: "I told you so; the people are too unstable to know what they want." The call for a stronger government was getting loud. The time had fully come when something must be done, or the fruits of the long war might be lost in anarchy and disunion, and the hope of free government postponed for a long time. The great men who met in that convention realized the importance of their work. They were the patriots, who, for country and humanity, had staked everything in resistance of British tyranny and who now were in danger of losing everything in popular incapacity and anarchy. And yet the difficulty was not in the people, but in their having no systematic way of conducting their government.

Mr. Madison, probably more than any other man, realized the importance and greatness of the work of this convention. He had conceived and proposed it. It had struck the popular heart from the beginning. The people hoped for relief and safety from it. From the moment of its conception, the study of a plan of a constitution, became a profound meditation with Mr. Madison. For two years he studied and sketched and consulted other minds and wrought at his plan.

Among General Washington's papers was found one, after

his death, in his own writing, purporting to be the substance of a constitution, which Mr. Madison conceived to be about what was needed, and had written to him in a letter some time before the convention. Mr. Madison's letter has never been found. The portion of it which Washington transcribed is as follows: "Mr. Madison thinks an individual independence of the states utterly irreconcilable with their aggregate sovereignty, and that a consolidation of the whole into one simple republic would be as inexpedient as it is unattainable. He therefore proposes a middle ground, which may at once support a due supremacy of the national authority and not exclude the local authorities whenever they can be subordinately useful.

"As the groundwork, he proposes that a change be made in the principle of representation, and thinks there would be no great difficulty in effecting it.

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"Next, that in addition to the present federal powers, the national government should be armed with positive and complete authority in all cases which require uniformity; such as regulation of trade, including the right of taxing both exports and imports, the fixing the terms and forms of naturalization, etc.

"Over and above this positive power, a negative, in all cases whatever, on the legislative acts of the states, as heretofore exercised by the kingly prerogative, appears to him absolutely necessary, and to be the least possible encroachment on the state jurisdictions. Without this defensive power, he conceives that every positive law which can be given on paper will be evaded.

"This control over the laws would prevent the internal vicissitudes of state policy and the aggressions of interested majorities.

"The natural supremacy ought also to be extended, he thinks, to the judiciary departments; the oaths of the judges should at least include a fidelity to the general as well as local constitution; and that an appeal should be to some national tribunal in all cases to which foreigners or inhabitants of other

states may be parties. The admiralty jurisdictions to fall entirely within the purview of the national government.

"The national supremacy in the executive departments is liable to some difficulty, unless the officers administering them could be made appointable by the supreme government. The militia ought entirely to be placed, in some form or other, under the authority which is entrusted with the general defense.

"A government composed of such extensive powers should be well organized and balanced.

"The legislative departments might be divided into two branches, one of them chosen every years, by the people at large, or by the legislatures; the other to consist of fewer members, and to hold their places for a longer term, and to go out in such rotation as always to leave in office a large majority of old members.

"Perhaps the negative on the laws might be most conveniently exercised by this branch.

"As a further check, a council of revision, including the great ministerial officers, might be superadded.

"A national executive must also be provided. He has scarcely ventured as yet to form his own opinion, either of the manner in which it ought to be constituted, or of the authorities with which it ought to be clothed.

"An article, especially guaranteeing the tranquility of the states against internal as well as external dangers.

"In like manner the right of coercion should be expressly declared. With the resources of commerce in hand, the national administration might always find means of exerting it either by sea or land; but the difficulty and awkwardness of operating by force on the collective will of a state, render it particularly desirable that the necessity of it might be precluded. Perhaps the negative on the laws might create such a mutual dependence between the general and particular authorities as to answer; or perhaps some defined objects of taxation might be submitted along with commerce, to the general authority.

"To give a new system its proper validity and energy, a ratification must be obtained from the people, and not merely

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