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Solonian Reprints 

No. 3 



Introduction to the proposed 

Bill of Rights 

by James Madison (1 789) 



I will state my reasons why I think it 
proper to propose amendments, and state 
the amendments themselves, so far as I 
think they ought to be proposed. If I 
thought I could fulfil the duty which I owe to 
myself and my constituents, to let the subject 
pass over in silence, I most certainly should 
not trespass upon the indulgence of this House. 
But I cannot do this, and am therefore 
compelled to beg a patient hearing to what I 
have to lay before you. And I do most 
sincerely believe, that if Congress will devote 
but one day to this subject, so far as to satisfy 
the public that we do not disregard their 
wishes, it will have a salutary influence on the 
public councils, and prepare the way for a 
favorable reception of our future measures. It 
appears to me that this House is bound by 
every motive of prudence, not to let the first 
session pass over without proposing to the 
State Legislatures some things to be 
incorporated into the constitution, that will 
render it as acceptable to the whole people of 
the United States, as it has been found 
acceptable to a majority of them. I wish, 
among other reasons why something should be 
done, that those who have been friendly to the 
adoption of this constitution may have the 
opportunity of proving to those who were 
opposed to it that they were as sincerely 
devoted to liberty and a Republican 
Government, as those who charged them with 



wishing the adoption of this constitution in 

order to lay the foundation of an aristocracy or 
despotism. It will be a desirable thing to 
extinguish from the bosom of every member of 
the community, any apprehensions that there 
are those among his countrymen who wish to 
deprive them of the liberty for which they 
valiantly fought and honorably bled. And if 
there are amendments desired of such a nature 
as will not injure the constitution, and they can 
be ingrafted so as to give satisfaction to the 
doubting part of our fellow-citizens, the friends 
of the Federal Government will evince that 
spirit of deference and concession for which 
they have hitherto been distinguished. 

It cannot be a secret to the gentlemen 
in this House, that, notwithstanding the 
ratification of this system of Government by 
eleven of the thirteen United States, in some 
cases unanimously, in others by large 
majorities; yet still there is a great number of 
our constituents who are dissatisfied with it; 
among whom are many respectable for their 
talents and patriotism, and respectable for the 
jealousy they have for their liberty, which, 
though mistaken in its object, is laudable in its 
motive. There is a great body of the people 
falling under this description, who at present 
feel much inclined to join their support to the 
cause of Federalism, if they were satisfied on 



this one point. We ought not to disregard their 

inclination, but, on principles of amity and 
moderation, conform to their wishes, and 
expressly declare the great rights of mankind 
secured under this constitution. The 
acquiescence which our fellow-citizens show 
under the Government, calls upon us for a like 
return of moderation. But perhaps there is a 
stronger motive than this for our going into a 
consideration of the subject. It is to provide 
those securities for liberty which are required 
by a part of the community; I allude in a 
particular manner to those two States that have 
not thought fit to throw themselves into the 
bosom of the Confederacy. It is a desirable 
thing, on our part as well as theirs, that a re- 
union should take place as soon as possible. I 
have no doubt, if we proceed to take those 
steps which would be prudent and requisite at 
this juncture, that in a short time we should see 
that disposition prevailing in those States 
which have not come in, that we have seen 
prevailing in those States which have 
embraced the constitution. 

But I will candidly acknowledge, that, 
over and above all these considerations, I do 
conceive that the constitution may be 
amended; that is to say, if all power is subject 
to abuse, that then it is possible the abuse of 
the powers of the General Government may be 
guarded against in a more secure manner than 
is now done, while no one advantage arising 
from the exercise of that power shall be 
damaged or endangered by it. We have in this 
way something to gain, and, if we proceed 
with caution, nothing to lose. And in this case 
it is necessary to proceed with caution; for 
while we feel all these inducements to go into 
a revisal of the constitution, we must feel for 
the constitution itself, and make that revisal a 
moderate one. I should be unwilling to see a 
door opened for a reconsideration of the whole 
structure of the Government — for a re- 
consideration of the principles and the 
substance of the powers given; because I 
doubt, if such a door were opened, we should 
be very likely to stop at that point which would 
be safe to the Government itself. But I do wish 
to see a door opened to consider, so far as to 



incorporate those provisions for the security of 
rights, against which I believe no serious 
objection has been made by any class of our 
constituents: such as would be likely to meet 
with the concurrence of two-thirds of both 
Houses, and the approbation of three-fourths of 
the State Legislatures. I will not propose a 
single alteration which I do not wish to see 
take place, as intrinsically proper in itself, or 
proper because it is wished for by a respectable 
number of my fellow-citizens; and therefore I 
shall not propose a single alteration but is 
likely to meet the concurrence required by the 
constitution. There have been objections of 
various kinds made against the constitution. 
Some were levelled against its structure 
because the President was without a council; 
because the Senate, which is a legislative body, 
had judicial powers in trials on impeachments; 
and because the powers of that body were 
compounded in other respects, in a manner that 
did not correspond with a particular theory; 
because it grants more power than is supposed 
to be necessary for every good purpose, and 
controls the ordinary powers of the State 
Governments. I know some respectable 
characters who opposed this Government on 
these grounds; but I believe that the great mass 
of the people who opposed it, disliked it 
because it did not contain effectual provisions 
against encroachments on particular rights, and 
those safeguards which they have been long 
accustomed to have interposed between them 
and the magistrate who exercises the sovereign 
power; nor ought we to consider them safe, 
while a great number of our fellow-citizens 
think these securities necessary. 

It is a fortunate thing that the objection 
to the Government has been made on the 
ground I stated; because it will be practicable, 
on that ground, to obviate the objection, so far 
as to satisfy the public mind that their liberties 
will be perpetual, and this without endangering 
any part of the constitution, which is 
considered as essential to the existence of the 
Government by those who promoted its 
adoption. 

The amendments which have occurred 



to me proper to be recommended by Congress 
to the State Legislatures, are these: 

First. That there be prefixed to the 
constitution a declaration, that all power is 
originally vested in, and consequently derived 
from, the people. 

That Government is instituted and 
ought to be exercised for the benefit of the 
people; which consists in the enjoyment of life 
and liberty, with the right of acquiring and 
using property, and generally of pursuing and 
obtaining happiness and safety. 

That the people have an indubitable, 
unalienable, and indefeasible right to reform or 
change their Government, whenever it be 
found adverse or inadequate to the purposes of 
its institution. 

Secondly. That in article 1st, section 

2, clause 3, these words be struck out, to wit: 
"The number of Representatives shall not 
exceed one for every thirty thousand, but each 
State shall have at least one Representative, 
and until such enumeration shall be made;" 
and that in place thereof be inserted these 
words, to wit: "After the first actual 
enumeration, there shall be one Representative 
for every thirty thousand, until the number 

amounts to , after which the proportion 

shall be so regulated by Congress, that the 

number shall never be less than , nor more 

than , but each State shall, after the first 

enumeration, have at least two 
Representatives; and prior thereto." 

Thirdly. That in article 1 st, section 6, 
clause 1 , there be added to the end of the first 
sentence, these words, to wit: "But no law 
varying the compensation last ascertained shall 
operate before the next ensuing election of 
Representatives. " 

Fourthly. That in article 1st, section 9, 
between clauses 3 and 4, be inserted these 
clauses, to wit: The civil rights of none shall be 



abridged on account of religious belief or 
worship, nor shall any national religion be 
established, nor shall the full and equal rights 
of conscience be in any manner, or on any 
pretext, infringed. 

The people shall not be deprived or 
abridged of their right to speak, to write, or to 
publish their sentiments; and the freedom of 
the press, as one of the great bulwarks of 
liberty, shall be inviolable. 

The people shall not be restrained 
from peaceably assembling and consulting for 
their common good; nor from applying to the 
Legislature by petitions, or remonstrances, for 
redress of their grievances. 

The right of the people to keep and 
bear arms shall not be infringed; a well armed 
and well regulated militia being the best 
security of a free country; but no person 
religiously scrupulous of bearing arms shall be 
compelled to render military service in person. 

No soldier shall in time of peace be 
quartered in any house without the consent of 
the owner; nor at any time, but in a manner 
warranted by law. 

No person shall be subject, except in 
cases of impeachment, to more than one 
punishment or one trial for the same offence; 
nor shall be compelled to be a witness against 
himself; nor be deprived of life, liberty, or 
property, without due process of law; nor be 
obliged to relinquish his property, where it 
may be necessary for public use, without a just 
compensation. 

Excessive bail shall not be required, 
nor excessive fines imposed, nor cruel and 
unusual punishments inflicted. 

The rights of the people to be secured 
in their persons; their houses, their papers, and 
their other property, from all unreasonable 



searches and seizures, shall not be violated by 
warrants issued without probable cause, 
supported by oath or affirmation, or not 
particularly describing the places to be 
searched, or the persons or things to be seized. 

In all criminal prosecutions, the 
accused shall enjoy the right to a speedy and 
public trial, to be informed of the cause and 
nature of the accusation, to be confronted with 
his accusers, and the witnesses against him; to 
have a compulsory process for obtaining 
witnesses in his favor; and to have the 
assistance of counsel for his defence. 

The exceptions here or elsewhere in 
the constitution, made in favor of particular 
rights, shall not be so construed as to diminish 
the just importance of other rights retained by 
the people, or as to enlarge the powers 
delegated by the constitution; but either as 
actual limitations of such powers, or as 
inserted merely for greater caution. 

Fifthly. That in article 1st, section 10, 
between clauses 1 and 2, be inserted this 
clause, to wit: 

No State shall violate the equal rights 
of conscience, or the freedom of the press, or 
the trial by jury in criminal cases. 

Sixthly. That, in article 3d, section 2, 
be annexed to the end of clause 2d, these 
words, to wit: 

But no appeal to such court shall be 
allowed where the value in controversy shall 

not amount to dollars: nor shall any fact 

triable by jury, according to the course of 
common law, be otherwise re-examinable than 
may consist with the principles of common 
law. 

Seventhly. That in article 3d, section 
2, the third clause be struck out, and in its 
place be inserted the clauses following, to wit: 



The trial of all crimes (except in cases 
of impeachments, and cases arising in the land 
or naval forces, or the militia when on actual 
service, in time of war or public danger) shall 
be by an impartial jury of freeholders of the 
vicinage, with the requisite of unanimity for 
conviction, of the right of challenge, and other 
accustomed requisites; and in all crimes 
punishable with loss of life or member, 
presentment or indictment by a grand jury shall 
be an essential preliminary, provided that in 
cases of crimes committed within any county 
which may be in possession of an enemy, or in 
which a general insurrection may prevail, the 
trial may by law be authorized in some other 
county of the same State, as near as may be to 
the seat of the offence. 

In cases of crimes committed not 
within any county, the trial may by law be in 
such county as the laws shall have prescribed. 
In suits at common law, between man and 
man, the trial by jury, as one of the best 
securities to the rights of the people, ought to 
remain inviolate. 

Eighthly. That immediately after 
article 6th, be inserted, as article 7th, the 
clauses following, to wit: 

The powers delegated by this 
constitution are appropriated to the 
departments to which they are respectively 
distributed: so that the legislative department 
shall never exercise the powers vested in the 
executive or judicial nor the executive exercise 
the powers vested in the legislative or judicial, 
nor the judicial exercise the powers vested in 
the legislative or executive departments. 

The powers not delegated by this 
constitution, nor prohibited by it to the States, 
are reserved to the States respectively. 

Ninthly. That article 7th be numbered 
as article 8th. 



The first of these amendments relates 
to what may be called a bill of rights. I will 
own that I never considered this provision so 
essential to the federal constitution, as to make 
it improper to ratify it, until such an 
amendment was added; at the same time, I 
always conceived, that in a certain form, and to 
a certain extent, such a provision was neither 
improper nor altogether useless. I am aware, 
that a great number of the most respectable 
friends to the Government, and champions for 
republican liberty, have thought such a 
provision, not only unnecessary, but even 
improper; nay, I believe some have gone so far 
as to think it even dangerous. Some policy has 
been made use of, perhaps, by gentlemen on 
both sides of the question: I acknowledge the 
ingenuity of those arguments which were 
drawn against the constitution, by a 
comparison with the policy of Great Britain, in 
establishing a declaration of rights; but there is 
too great a difference in the case to warrant the 
comparison: therefore, the arguments drawn 
from that source were in a great measure 
inapplicable. In the declaration of rights which 
that country has established, the truth is, they 
have gone no farther than to raise a barrier 
against the power of the Crown; the power of 
the Legislature is left altogether indefinite. 
Although I know whenever the great rights, the 
trial by jury, freedom of the press, or liberty of 
conscience, come in question in that body, the 
invasion of them is resisted by able advocates, 
yet their Magna Charta does not contain any 
one provision for the security of those rights, 
respecting which the people of America are 
most alarmed. The fi^eedom of the press and 
rights of conscience, those choicest privileges 
of the people, are unguarded in the British 
constitution. 

But although the case may be widely 
different, and it may not be thought necessary 
to provide limits for the legislative power in 
that country, yet a different opinion prevails in 
the United States. The people of many States 
have thought it necessary to raise barriers 
against power in all forms and departments of 
Government, and I am inclined to believe, if 
once bills of rights are established in all the 



States as well as the federal constitution, we 
shall find that although some of them are 
rather unimportant, yet, upon the whole, they 
will have a salutary tendency. 

It may be said, in some instances, they 
do no more than state the perfect equality of 
mankind. This, to be sure, is an absolute truth, 
yet it is not absolutely necessary to be inserted 
at the head of a constitution. 

In some instances they assert those 
rights which are exercised by the people in 
forming and establishing a plan of 
Government. In other instances, they specify 
those rights which are retained when particular 
powers are given up to be exercised by the 
Legislature. In other instances, they specify 
positive rights, which may seem to result fi-om 
the nature of the compact. Trial by jury cannot 
be considered as a natural right, but a right 
resulting from a social compact which 
regulates the action of the community, but is as 
essential to secure the liberty of the people as 
any one of the pre-existent rights of nature. In 
other instances, they lay down dogmatic 
maxims with respect to the construction of the 
Government; declaring that the legislative, 
executive, and judicial branches shall be kept 
separate and distinct. Perhaps the best way of 
securing this in practice is, to provide such 
checks as will prevent the encroachment of the 
one upon the other. 

But whatever may be the form which 
the several States have adopted in making 
declarations in favor of particular rights, the 
great object in view is to limit and qualify the 
powers of Government, by excepting out of the 
grant of power those cases in which the 
Government ought not to act, or to act only in 
a particular mode. They point these exceptions 
sometimes against the abuse of the executive 
power, sometimes against the legislative, and, 
in some cases, against the community itself; or, 
in other words, against the majority in favor of 
the minority. 

In our Government it is, perhaps, less 



necessary to guard against the abuse in the 
executive department than any other; because 
it is not the stronger branch of the system, but 
the weaker. It therefore must be levelled 
against the legislative, for it is the most 
powerful, and most likely to be abused, 
because it is under the least control. Hence, so 
far as a declaration of rights can tend to 
prevent the exercise of undue power, it cannot 
be doubted but such declaration is proper. But 
I confess that I do conceive, that in a 
Government modified like this of the United 
States, the great danger lies rather in the abuse 
of the community than in the legislative body. 
The prescriptions in favor of liberty ought to 
be levelled against that quarter where the 
greatest danger lies, namely, that which 
possesses the highest prerogative of power. 
But this is not found in either the executive or 
legislative departments of Government, but in 
the body of the people, operating by the 
majority against the minority. 

It may be thought that all paper 
barriers against the power of the community 
are too weak to be worthy of attention. I am 
sensible they are not so strong as to satisfy 
gentlemen of every description who have seen 
and examined thoroughly the texture of such a 
defence; yet, as they have a tendency to 
impress some degree of respect for them, to 
establish the public opinion in their favor, and 
rouse the attention of the whole community, it 
may be one means to control the majority from 
those acts to which they might be otherwise 
inclined. 

It has been said, by way of objection to 
a bill of rights, by many respectable gentlemen 
out of doors, and I find opposition on the same 
principles likely to be made by gentlemen on 
this floor, that they are unnecessary articles of 
a Republican Government, upon the 
presumption that the people have those rights 
in their own hands, and that is the proper place 
for them to rest. It would be a sufficient 
answer to say, that this objection lies against 
such provisions under the State Governments, 
as well as under the General Government; and 
there are, I believe, but few gentlemen who are 



inclined to push their theory so far as to say 

that a declaration of rights in those cases is 
either ineffectual or improper. It has been said, 
that in the Federal Government they are 
unnecessary, because the powers are 
enumerated, and it follows, that all that are not 
granted by the constitution are retained; that 
the constitution is a bill of powers, the great 
residuum being the rights of the people; and, 
therefore, a bill of rights cannot be so 
necessary as if the residuum was thrown into 
the hands of the Government. I admit that 
these arguments are not entirely without 
foundation; but they are not conclusive to the 
extent which has been supposed. It is true, the 
powers of the General Government are 
circumscribed, they are directed to particular 
objects; but even if Government keeps within 
those limits, it has certain discretionary powers 
with respect to the means, which may admit of 
abuse to a certain extent, in the same manner 
as the powers of the State Governments under 
their constitutions may to an indefinite extent; 
because in the constitution of the United 
States, there is a clause granting to Congress 
the power to make all laws which shall be 
necessary and proper for carrying into 
execution all the powers vested in the 
Government of the United States, or in any 
department or officer thereof; this enables 
them to fulfil every purpose for which the 
Government was established. Now, may not 
laws be considered necessary and proper by 
Congress, for it is for them to judge of the 
necessity and propriety to accomplish those 
special purposes which they may have in 
contemplation, which laws in themselves are 
neither necessary nor proper; as well as 
improper laws could be enacted by the State 
Legislatures, for fulfilling the more extended 
objects of those Governments. I will state an 
instance, which I think in point, and proves 
that this might be the case. The General 
Government has a right to pass all laws which 
shall be necessary to collect its revenue; the 
means for enforcing the collection are within 
the direction of the Legislature: may not 
general warrants be considered necessary for 
this purpose, as well as for some purposes 
which it was supposed at the framing of their 
constitutions the State Governments had in 



view? If there was reason for restraining the 
State Governments from exercising this power, 
there is like reason for restraining the Federal 
Government. 

It may be said, indeed it has been said, 
that a bill of rights is not necessary, because 
the establishment of this Government has not 
repealed those declarations of rights which are 
added to the several State constitutions; that 
those rights of the people, which had been 
established by the most solemn act, could not 
be annihilated by a subsequent act of that 
people, who meant, and declared at the head of 
the instrument, that they ordained and 
established a new system, for the express 
purpose of securing to themselves and 
posterity the liberties they had gained by an 
arduous conflict. 

I admit the force of this observation, 
but I do not look upon it to be conclusive. In 
the first place, it is too uncertain ground to 
leave this provision upon, if a provision is at 
all necessary to secure rights so important as 
many of those I have mentioned are conceived 
to be, by the public in general, as well as those 
in particular who opposed the adoption of this 
constitution. Besides, some States have no 
bills of rights, there are others provided with 
very defective ones, and there are others whose 
bills of rights are not only defective, but 
absolutely improper; instead of securing some 
in the full extent which republican principles 
would require, they limit them too much to 
agree with the common ideas of liberty. 

It has been objected also against a bill 
of rights, that, by enumerating particular 
exceptions to the grant of power, it would 
disparage those rights which were not placed 
in that enumeration; and it might follow, by 
implication, that those rights which were not 
singled out, were intended to be assigned into 
the hands of the General Government, and 
were consequently insecure. This is one of the 
most plausible arguments I have ever heard 
urged against the admission of a bill of rights 
into this system; but, I conceive, that it may be 



guarded against. I have attempted it, as 
gentlemen may see by turning to the last clause 
of the fourth resolution. 

It has been said, that it is unnecessary 
to load the constitution with this provision, 
because it was not found effectual in the 
constitution of the particular States. It is true, 
there are a few particular States in which some 
of the most valuable articles have not, at one 
time or other, been violated; but it does not 
follow but they may have, to a certain degree, 
a salutary effect against the abuse of power. If 
they are incorporated into the constitution, 
independent tribunals of justice will consider 
themselves in a peculiar manner the guardians 
of those rights; they will be an impenetrable 
bulwark against every assumption of power in 
the legislative or executive; they will be 
naturally led to resist every encroachment 
upon rights expressly stipulated for in the 
constitution by the declaration of rights. 
Besides this security, there is a great 
probability that such a declaration in the 
federal system would be enforced; because the 
State Legislatures will jealously and closely 
watch the operations of this Government, and 
be able to resist with more effect every 
assumption of power, than any other power on 
earth can do; and the greatest opponents to a 
Federal Government admit the State 
Legislatures to be sure guardians of the 
people's liberty. I conclude, from this view of 
the subject, that it will be proper in itself, and 
highly politic, for the tranquillity of the public 
mind, and the stability of the Government, that 
we should offer something, in the form I have 
proposed, to be incorporated in the system of 
Government, as a declaration of the rights of 
the people. 

In the next place, I wish to see that part 
of the constitution revised which declares that 
the number of Representatives shall not exceed 
the proportion of one for every thirty thousand 
persons, and allows one Representative to 
every State which rates below that proportion. 
If we attend to the discussion of this subject, 
which has taken place in the State conventions, 
and even in the opinion of the friends to the 



constitution, an alteration here is proper. It is 

the sense of the people of America, that the 
number of Representatives ought to be 
increased, but particularly that it should not be 
left in the discretion of the Government to 
diminish them, below that proportion which 
certainly is in the power of the Legislature as 
the constitution now stands; and they may, as 
the population of the country increases, 
increase the House of Representatives to a very 
unweildy [sic] degree. I confess I always 
thought this part of the constitution defective, 
though not dangerous; and that it ought to be 
particularly attended to whenever Congress 
should go into the consideration of 
amendments. 

There are several minor cases 
enumerated in my proposition, in which I wish 
also to see some alteration take place. That 
article which leaves it in the power of the 
Legislature to ascertain its own emolument, is 
one to which I allude. I do not believe this is a 
power which, in the ordinary course of 
Government, is likely to be abused. Perhaps of 
all the powers granted, it is least likely to 
abuse; but there is a seeming impropriety in 
leaving any set of men without control to put 
their hand into the public coffers, to take out 
money to put in their pockets; there is a 
seeming indecorum in such power, which leads 
me to propose a change. We have a guide to 
this alteration in several of the amendments 
which the different conventions have 
proposed. I have gone, therefore, so far as to 
fix it, that no law, varying the compensation, 
shall operate until there is a change in the 
Legislature; in which case it cannot be for the 
particular benefit of those who are concerned 
in determining the value of the service. 

I wish also, in revising the constitution, 
we may throw into that section, which 
interdicts the abuse of certain powers in the 
State Legislatures, some other provisions of 
equal, if not greater importance than those 
already made. The words, "No State shall pass 
any bill of attainder, ex post facto law," &c. 
were wise and proper restrictions in the 
constitution. I think there is more danger of 



those powers being abused by the State 
Governments than by the Government of the 
United States. The same may be said of other 
powers which they possess, if not controlled 
by the general principle, that laws are 
unconstitutional which infringe the rights of 
the community. I should therefore wish to 
extend this interdiction, and add, as I have 
stated in the 5th resolution, that no State shall 
violate the equal right of conscience, freedom 
of the press, or trial by jury in criminal cases; 
because it is proper that every Government 
should be disarmed of powers which trench 
upon those particular rights. I know, in some 
of the State constitutions, the power of the 
Government is controlled by such a 
declaration; but others are not. I cannot see 
any reason against obtaining even a double 
security on those points; and nothing can give 
a more sincere proof of the attachment of those 
who opposed this constitution to these great 
and important rights, than to see them join in 
obtaining the security I have now proposed; 
because it must be admitted, on all hands, that 
the State Governments are as liable to attack 
the invaluable privileges as the General 
Government is, and therefore ought to be as 
cautiously guarded against. 

I think it will be proper, with respect to 
the judiciary powers, to satisfy the public mind 
on those points which I have mentioned. Great 
inconvenience has been apprehended to suitors 
from the distance they would be dragged to 
obtain justice in the Supreme Court of the 
United States, upon an appeal on an action for 
a small debt. To remedy this, declare that no 
appeal shall be made unless the matter in 
controversy amounts to a particular sum; this, 
with the regulations respecting jury trials in 
criminal cases, and suits at common law, it is 
to be hoped, will quiet and reconcile the minds 
of the people to that part of the constitution. 

I find, fi-om looking into the 
amendments proposed by the State 
conventions, that several are particularly 
anxious that it should be declared in the 
constitution, that the powers not therein 
delegated should be reserved to the several 



States. Perhaps words which may define this 
more precisely than the whole of the 
instrument now does, may be considered as 
superfluous. I admit they may be deemed 
unnecessary; but there can be no harm in 
making such a declaration, if gentlemen will 
allow that the fact is as stated. I am sure I 
understand it so, and do therefore propose it. 

These are the points on which I wish 
to see a revision of the constitution take place. 
How far they will accord with the sense of this 
body, I cannot take upon me absolutely to 
determine; but I believe every gentleman will 
readily admit that nothing is in contemplation, 
so far as I have mentioned, that can endanger 
the beauty of the Government in any one 
important feature, even in the eyes of its most 
sanguine admirers. I have proposed nothing 
that does not appear to me as proper in itself, 
or eligible as patronized by a respectable 
number of our fellow-citizens; and if we can 
make the constitution better in the opinion of 
those who are opposed to it, without 
weakening its frame, or abridging its 
usefulness, in the judgment of those who are 
attached to it, we act the part of wise and 



liberal men to make such alterations as shall 
produce that effect. 

Having done what I conceived was my 
duty, in bringing before this House the subject 
of amendments, and also stated such as I wish 
for and approve, and offered the reasons which 
occurred to me in their support, I shall content 
myself, for the present, with moving "that a 
committee be appointed to consider of and 
report such amendments as ought to be 
proposed by Congress to the Legislatures of 
the States, to become, if ratified by three- 
fourths thereof, part of the constitution of the 
United States." By agreeing to this motion, the 
subject may be going on in the committee, 
while other important business is proceeding to 
a conclusion in the House. I should advocate 
greater despatch in the business of 
amendments, if I were not convinced of the 
absolute necessity there is of pursuing the 
organization of the Government; because I 
think we should obtain the confidence of our 
fellow-citizens, in proportion as we fortify the 
rights of the people against the encroachments 
of the Government. 



Source 

Madison, James (1789) Annals of Congress. House of Representatives, 1" Congress, 1" Session, June 8, 1789. In: 
History of The Proceedings and Debates of the House of Representatives of the United States at the First Session 
of the First Congress, begun at the city of New York, March 4, 1789, pp. 448-459. 

vetted by Casey Bowman 
www.solonian.com 

Creative Commons Attribution-ShareAlike 3.0 
Madison text is public domain.