New Jersey, until the matter was settled by the
famous Connecticut compromise, according to
which the upper house was to represent states,
while the lower house represented population.
Madison's original scheme, moreover, would have
allowed the national legislature to set aside at
discretion such state laws as it might deem uncon-
stitutional. It seems strange to find Madison,
who afterward drafted the Virginia resolutions of
1798, now suggesting and defending a provision
so destructive of state rights. It shows how
strongly he was influenced at the time by the de-
sire to put an end to the prevailing anarchy. The
discussion of this matter in the convention, as we
read it to-day. brings out in a very strong light
the excellence of the arrangement finally adopted,
by which the constitutionahty of state laws is left
to be determined through the decisions of the Fed-
eral supi'eme court.
In all the discussions in the Federal convention Mr. Madison naturally took a leading part. Besides the work of cardinal importance which he achieved as principal author of the Virginia plan, especial mention must be made of the famous compi'omise that adjusted the distribution of representatives between the northern and the southern states. We have seen that in the congress of 1783, when it was a question of taxation, the south was inclined to regard slaves as chattels, while the north preferred to regard them as population. Now, when it had come to be a question of the apportionment of representation, the case was reversed : it was the south that wished to count slaves as popidation, while the north insisted that they should be classed as chattels. Here Mr. Madison proposed the same compromise that had succeeded in congress four years before ; and Mr. Rutledge, of South Carolina, who had supported him on the former occasion, could hardly do otherwise than come again to his side. It was agreed that in counting population, whether for direct taxation or for representation in the lower house of congress, five slaves should be reckoned as three individuals. In the history of the formation of our Federal Union this compromise was of cardinal importance. Without it the Union would undoubtedly have gone to pieces at the out- set, and it was for this reason that the northern abolitionists. Gouvei-neur Morris and Rufus King, joined with Washington and Madison and with the pro-slavery Pinckneys in subscribing to it. Some of the evils resulting from this compromise have led historians, writing from the abolitionist point of view, to condemn it utterly. Nothing can be clearer, however, than that, in order to secure the adoption of the constitution, it was absolutely necessary to satisfy South Carolina. This was proved by the course of events in 1788, when there was a strong party in Virginia in favor of a separate confed- eracy of southern states. By South Carolina's prompt ratification of the constitution this scheme was completely defeated, and a most formidable obstacle to the formation of a more perfect union was removed. Of all the compromises in American history, this of the so-called "three-fifths rule" was probably the most important : until the begin- ning of the civil war there was hardly a political movement of any consequence not affected by it. Mr. Madison's services in connection with the founding of our Federal government were thus, up to this point, of the most transcendent kind. We have seen that he played a leading part in the diffi- cult work of getting a convention to assemble ; the merit of this he shares with other eminent men, and notably with Washington and Hamilton. Then he was chief author of the most fundamental fea- tures in the constitution, those which transformed our government from a loose confederacy of states into a Federal nation ; and to him is due the prin- cipal credit for the compromise that made the adoption of the constitution possible for all the states. After the adjournment of the convention his services did not cease. Among those whose influence in bringing about the ratification of the constitution was felt all over the country, he shares with Hamilton the foremost place. The " Federalist," their joint production, is probably the greatest treatise on political science that has ever appeared in the world, at once the most practical and the most profound. The evenness with which the merits of this work are shared between Madison and Hamilton is well illustrated by the fact that it is not always easy to distinguish between the two, so that there has been considerable controversy as to the number of papers contributed by each. According to Madison's own memorandum, he was the author of twenty-nine of the papers, while fifty-one were written by Hamilton, and five by Jay. (See Hamilton, Alexander.) The question is not of great importance. Very probably Mr. Madison would have had a larger share in the work had he not been obliged, in March, 1788. to return to Virginia, in order to take part in the State convention for deciding upon the ratification of the constitution. The opposition in Virginia was strong and well organized, and had for leaders such eminent patriots as Patrick Henry and Richard Henry Lee. The debates in the convention lasted nearly a month, and for a considerable part of this time the outlook was not promising. The discussion was conducted mainly between Madison and Henry, the former being chiefly assisted by Marshall, Wythe, Randolph, Pendleton, and Henry Lee, the latter by Mason, Monroe, Harrison, and Tyler. To Mr. Madison, more than to any one else, it was due that the constitution was at length ratified, while the narrowness of the majority — 89 to 79 — bore witness to the severity of the contest. It did not appear that the people of Virginia were even yet convinced by the arguments that had prevailed in the con- vention. The assembly that met in the following October showed a heavy majority of anti-Federalists, and under Henry's leadership it called upon con- gress for a second National convention to reconsider the work done by the first. Senators were now to he chosen for tlie first U. S. senate, and Henry, in naming Richard Henry Lee and William Grayson, both anti-Federalists, as the two men who ought to be chosen, took pains to mention James Madison as the one man who on no account whatever ought to be elected senator. Henry was successful in carrying this point. The next thing was to keep Mr. Madison out of congress, and Henry's friends sought to accomplish this by means of the device afterward known as " gerrymandering " ; but the attempt failed, and Madison was elected to the first national house of representatives. His great knowledge, and the part he had played in building up the framework of the government, made him from the outset the leading member of the house. His first motion was one for raising a revenue by tariff and tonnage duties. He offered the resolutions for creating the executive departments of foreign affairs, of the treasury, and of war. He proposed twelve amendments to the constitution, in order to meet the objection, urged in many quarters, that that instrument did not contain a bill of rights. The first ten of these amendments were adopted and became part of the constitution in 1791.
The first division of political parties under the constitution began to show itself in the debates
