1785 - January - Constitutional queries Conveyed by George Muter to James Madison
While Kentucky was engaged in a series of nine aborted (and one successful, convened in April of 1792) "Constitutional Conventions" in which Wallace was a participant, this solicitation, in early 1785, of Madison
=s advice regarding drafting a constitution for Kentucky, was presented by George Muter, one of Wallace=s associates on the Supreme Court of the District of Kentucky. Although Muter represented the queries as having been posed by Wallace, Madison did not deign a reply until contacted directly in the hand of Caleb Wallace (refer to "1785, July - Constitutional Questions for James Madison"), later in the summer of that year. It is likely that the pointedly religious 8th and 9th questions were distasteful to Madison, and were omitted in Wallace=s repetition. They seem also uncharacteristic for Wallace, who earlier campaigned extensively for freedom of religious expression in Virginia. While Madison=s (see "1785 - July: Federalist thoughts from James Madison") answers may seem obvious today, this gives evidence of the evolution of constitutional thought in a time preceding the drafting of the United States Constitution and the circulation of the "Federalist Papers". Madison had attained a national (or, more accurately for the period, "federal") reputation as a constitutional expert, and had recently provided consultation on the subject to the state of Maryland."From George Muter
January 6th, 1785
SIR
I have taken the liberty of inclosing some questions, proposed by your friend Mr. Wallace: and I must request the favour of you, to put answers to them, as soon as vour attention to business of more consequence, will permit. I am with respect Sir Your Most hle Servt.
GEORGE MUTER
[Enclosure]
The following questions (by Mr. Caleb Wallace) are of importance & will probably be debated, when a form of Government is to be adopted.
1st Whether is a representation according to numbers, or property, or in joint prop[o]r[tio]n to both, the most safe and equitable?
2d. Is a representation by Counties to be preferred; or a more equitable mode, 'though more difficult to adjust?
3d. Which is to be Preferred? An Annual, Triennial or Septennial election or succession to Executive offices? Or frequent elections without limitations in choice
Cor that the officers when chosen should continue during good behaviour?4th How far may the same person be employed in the different departrtments of government, in an infant country, where the Council of every individual will be needed?
5th. Should there be a periodical review of the constitution of Governmentment?
6th. Will it not be better, unalterably to fix some leading principles in the form of government, and make it consistent for the legislature to introduce such changes in lesser matters as may become expedient?
7th Can a Census be provided, that will impartiallv point out the deficiencies of the constitution, and the violations that may happen?
8th. Is the belief of a God indispensable to civil Society?
9th. As Christianity is generally confessed to be highly conducive to the interests of Civil Society; may it be established by Laws, or unbelievers be subjected to Civil Incapacities?"
RC (DLC). Addressed by Muter. Docketed by JM. The undated enclosure is in Muter's hand.
© 1998, Dennis Boyer
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