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Subject Area: Political Theory
Topic: The American Revolution and Constitution

TO JAMES MADISON. - George Washington, The Writings of George Washington, vol. XI (1785-1790) [1891]

Edition used:

The Writings of George Washington, collected and edited by Worthington Chauncey Ford (New York and London: G. P. Putnam’s Sons, 1890). Vol. XI (1785-1790).

Part of: The Writings of George Washington, 14 vols.

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TO JAMES MADISON.

My dear Sir,

In consequence of the enclosed resolution, I had a conference with the committee therein named yesterday, when I expressed the sentiments, which you also have enclosed.

I was assured by the committee, that the only object the senate had in view was to be informed of the mode of communication which would be most agreeable to the President, and that a perfect acquiescence would be yielded thereto. But I could plainly perceive, notwithstanding, that oral communication was the point they aimed at. Indeed, one of the gentlemen candidly declared, that a great object with him, in wishing this, was to effect a viva voce vote in that body. He added, however, that he was not without hopes of accomplishing this without. To this I replied, finding all three were opposed to the balloting system, that nothing would sooner induce me to relinquish my mode of nomination by written messages, than to accomplish this end. Thus the matter stands for my further consideration.

What do you think I had best do? I am willing to pursue that line of conduct, which shall appear to be most conducive to the public good, without regard to the indulgence of my inclination, which, I confess, and for other reasons in addition to those which are enumerated, although they are secondary, would not be gratified by personal nominations.1

The period is now arrived, when the seat of the vacant judge in the western district is to be filled. Would Colonel Carrington, do you think, be pleased with this appointment? Or are you acquainted with any professional character of fitness for the office, south of New Jersey, that would accept it?2

I have had some conversation with Mr. Jay respecting his views to office, which I will communicate to you at our first interview; and this, if perfectly convenient and agreeable to you, may be this afternoon, as I shall be at home, and expect no company.

I am yours affectionately.

[1 ]A motion had been made in the Senate on the 3d of August proposing that in place of determining upon a nomination by ballot, as settled by a rule adopted June 18th, some other mode should be adopted, like a viva voce vote; but the motion was lost. On the 5th of August another motion was made, “That it is the opinion of the Senate, that their advice and consent to the appointment of officers should be given in the presence of the President.” This motion was postponed to the next day, when it was ordered, “That Mr. Izard, Mr. King, and Mr. Carroll be a committee to wait on the President of the United States, and confer with him on the mode of communication proper to be pursued between him and the Senate in the formation of treaties, and making appointments to offices.” The committee accordingly waited on the President, and had the conference mentioned in the above letter.

In regard to treaties, a practice was at first begun, which was not pursued. On the 21st of August, the following message was sent to the Senate. “The President of the United States will meet the Senate in the Senate chamber, at half-past eleven o’clock to-morrow, to advise with them on the terms of the treaty to be negotiated with the southern Indians.” He accordingly took his seat in the Senate, attended by General Knox, the Secretary of War, for two days in succession, when the outlines of a treaty proposed by the Secretary were discussed. But this practice, being found inconvenient, and subject to various objections, particularly in regard to treaties with foreign powers, was soon discontinued.—Story’s Commentaries, vol. iii., p. 371.

[2 ]On the 18th the following nominations for the several offices in the Western Territory were sent to the Senate: for Governor, Arthur St. Clair; for Secretary, Winthrop Sergeant; Judges, Samuel Holden Parsons, John Cleve Symmes, and William Barton.