and even an A. Campbell is thought worthy of being named with these as having some influence in the S. Western quarter. In their favour will be Tyler, Tazewell, Genl Nelson, W. Nelson, Nicholas & a Mr. [Archibald] Stewart a young man of good talents from the Westward. Henry as usual is involved in mystery: should the popular tide run strongly in either direction, he will fall in with it. Should it not, he will have a struggle between his enmity to the Lees, & his enmity to everything which may give influence to Congress. T. [homson] Mason is a meteor whose path cannot be calculated. All the powers of his mind seem at present to be concentrated in one single object, the producing a convention to new model the [State] Constitution. This is a subject much agitated, and seems the only one they will have to amuse themselves with till they shall receive your propositions. These should be hastened; as I think the session will be short. I have seen Mr. Wythe. He has none of his amendments or notes on the Confederation,

Mr. Short has desired me to suggest his name as that of a person willing to become a legatine secretary should these offices be continued. I have apprised him of the possibility that they may not. You know my high opinion of his abilities & merits; I will therefore only add that a peculiar talent for prying into facts seems to mark his character as proper for such a business. He is young, & little experienced in business, tho well prepared for it. These defects will lessen daily. Should persons be proposed less proper on the whole, you would on motives of

public good, knowing his willingness to serve, give him a nomination & do justice to his character.

I rejoice at the information that 1832. 164. 928. 36. 323.1 & yourself concur in sentiments. I rejoice as it will render you happier and give to me a neighbor on whom I shall set high value. You will be continued in your delegation till the end of three years from the completion of the Confederation. You will therefore You say nothing

model your measures accordingly. of the time when you shall pay your visit to Virginia. I hope you will let me know of your arrival as soon as it happens. Should the call be made on me, which was sometimes the subject of our conversation, and be so timed with your visit as that you may be the bearer of it, I shall with great pleasure accommodate my movements to yours so as to accompany you on your return to Philadelphia.

I set out this morning for Monticello. My affectionate compliments to the ladies and gentlemen of the house, and sincere friendship to yourself. Adieu.

TO JAMES MADISON.

MAD. MSS.

MONTICELLO, 1 June, 1783

DEAR SIR;-The receipt of your letter of May 6 remains unacknoleged. I am also told that Colo. Monroe has letters for me by post, tho' I have not yet received them. I hear but little from our assembly. Mr. Henry has declared in favour of the

1 This I infer to be an allusion to Miss Floyd, whom Madison was then courting, but the allusion is so veiled, as to be undecipherable.

impost. This will ensure it.

This will ensure it. How he is as to the other questions of importance, I do not learn.

On opening my papers when I came home I found among them the enclosed cyphers which I had received from either Mr. Morris's or Mr. Livingston's office. Will you be so good as to return them for me? The confusion into which my papers had got going to & from Baltimore & left there for some time will I hope apologize for my having overlooked them when I returned the other I send you papers. inclosed the debates in Congress on the subjects of Independance, voting in Congress, & the Quotas of money to be required from the states. I found on looking that I had taken no others save only in one trifling case. As you were desirous of having a copy of the original of the declaration of Independance I have inserted it at full length distinguishing the alterations it underwent. *

*

PROPOSED CONSTITUTION FOR VIRGINIA.1

[June, 1783.]

To the citizens of the commonwealth of Virginia, and all others whom it may concern, the delegates for the said commonwealth in Convention assembled, send greeting:

'Jefferson's dislike of the Virginian Constitution of 1776 has already (11, 7) been alluded to. From its adoption he was always endeavoring to obtain a convention to frame a new one, and on his spending a day in Richmond at the opening of the spring session of the legislature, in 1783, he found such a convention a subject of discussion. He wrote Madison the day after this visit (May 7, 1783): "All the powers of his [Thomson Mason] mind seem at present concentrated in one single object, the producing of a Convention to new model the Constitution. This is a subject much agitated, and seems the only one they will have to amuse themselves with, till they shall receive your

It is known to you and to the world, that the government of Great Britain, with which the American States were not long since connected, assumed over them an authority unwarrantable and oppressive; that they endeavored to enforce this authority by arms, and that the States of New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, considering resistance, with all its train of horrors, as a lesser evil than abject submission, closed in the appeal to arms. It hath pleased the Sovereign Disposer of all human events to give to this appeal an issue favorable to the rights of the States; to enable them to reject forever all dependence on a government which had shown itself so capable of abusing the trusts reposed in it; and to obtain from that government a solemn and explicit acknowledgment that they are free, sovereign, and independent States. During the progress of that war, through which we had to labor for the establishment of our rights, the legislature of the commonwealth of Virginia found it necessary to make a temporary organization of government for preventing anarchy, and pointing our efforts to the two important objects of war against our invaders, and peace and happiness among ourselves. But this, like all other acts of legislation, being subject to change by subsequent legislatures, possessing [Congress] propositions." Supposing from this informal talk, that such a convention would be ordered, Jefferson drafted this proposed constitution some time between May 7th and June 17th. On the latter date he wrote Madison: "A Convention for the Amendment of our Constitution having been much the subject of conversation for some time, I have turned my thoughts to the amendments necessary. The result I inclose you." No convention was, however, called. Jefferson in 1786 while in Paris printed this constitution in pamphlet form. The title of this edition was:

Draught of a / Fundamental Constitution / for the / Commonwealth of Virginia. (8vo, pp. 14.)

This Jefferson bound up with his Notes on Virginia, as an Appendix, prefaced by the following statement: "In the summer of the year 1783, it was expected that the assembly of Virginia would call a Convention for the establishment of a Constitution. The following draught of a fundamental Constitution for the Commonwealth of Virginia was then prepared, with a design of being proposed in such Convention had it taken place."-Cf. Madison's Letters, 1, 80, 87.

VOL. III-21

equal powers with themselves; it has been thought expedient, that it should receive those amendments which time and trial have suggested, and be rendered permanent by a power superior to that of the ordinary legislature. The general assembly therefore of this State recommended it to the good people thereof, to choose delegates to meet in general convention, with powers to form a constitution of government for them, and to declare those fundamentals to which all our laws present and future shall be subordinate; and, in compliance with this recommendation, they have thought proper to make choice of us, and to vest us with powers for this purpose.

We, therefore, the delegates, chosen by the said good people of this State for the purpose aforesaid, and now assembled in general convention, do, in execution of the authority with which we are invested, establish the following constitution and fundamentals of government for the said State of Virginia :

The said State shall forever hereafter be governed as a commonwealth.

The powers of government shall be divided into three distinct departments, each of them to be confided to a separate body of magistracy; to wit, those which are legislative to one, those which are judiciary to another, and those which are executive to another. No person, or collection of persons, being of one of these departments, shall exercise any power properly belonging to either of the others, except in the instances hereinafter expressly permitted.

The legislature shall consist of two branches, the one to be called the House of Delegates, the other the Senate, and both together the General Assembly. The concurrence of both of these, expressed on three several readings, shall be necessary to the passage of a law.

Delegates for the general assembly shall be chosen on the last Monday of November in every year. But if an election cannot be concluded on that day, it may be adjourned from day to day till it can be concluded.

The number of delegates which each county may send shall be in proportion to the number of its qualified electors; and the whole number of delegates for the State shall be so proportioned