On April 8, 1789, after the assembling of congress in New York and the inaugural address of Washington, Madison presented the first act under the new constitution, for the collection of revenues. This was followed by an act to levy tonnage duties on ves .sels of nations not having reciprocal commercial treaties with the United States, and .especially designed to meet the hostile legislation of England, which had haughtily refused to enter into such treaty, and had excluded the vessels of this country from all trade with her West Indian colonies, admitting them to British ports only on special .conditions; while up to this time British vessels had a monopoly of the foreign trade of America. He carried his measure, but against the determined opposition of the city of New York, which, being the capital, exercised an undue influence in the national legislation; and was, as -Madison expresses it, " steeped in Anglicism." Early in the same session he brought in declaratory amendments of the constitution, in the nature of .a bill of rights, to quiet apprehensions in the public mind which had given ground for Tnuch of the opposition to the constitution. On the re-assembling of congress in Jan., 1790, 3Iadison's most conspicuous action was on the report of Hamilton, first secretary of the treasury, recommending the funding of the national debt. The secretary's report started lively speculation in the old state bonds and continental currency; the former being increased in value by their proposed assumption by the United States, and the latter resuscitated from no value to a certain low percentage of their face value. 3fadison advocated the payment of the domestic debt as equally obligatory as the foreign 'debt, but since it was impossible to pay the face value of the continental money in gold and -silver, and the rate of valuation for payment had been agreed to, he could not consent that the speculators, who had bought these evidences of debt, should receive the whole, .and the holders who had parted with them when they- were supposed to be valueless -should have little or nothing. He puts the case in these words: "As" to pay in full " would far exceed the value received by the public it will not be expected by the cred itors themselves. To reject the claims wholly is equally inadmissible. To make the other class (original holders) the sole victims was an idea at which human nature recoiled. A composition then is the only expedient that remains. Let it be a liberal one in favor of the present holders; let them have the highest price which hasprevailed in the market; and let the residue belong to the original sufferers." As this position aroused, from those who held these papers, a storm of opposition in favor of the com mercial kror of exact fulfillment, without reference to whose hands those papers were in, lie replied: " He must renounce every sentiment he had hitherto cherished, before his complaisance could admit that America ought to erect the monuments of her grati tude, not to those who saved her liberties, but to those who had enriched themselves in her funds." Madison opposed the assumption of the states' debts by the general government, and three times secured the defeat of the proposition; but it was at last carried by a com promise with those who desired the capital located on the Potomac. During this ses sion of congress the federalists and republicans became distinct parties, Alexander Hamilton being the leading spirit of the former, and James Madison the foremost par liamentarian of the latter.
At the close of this session it devolved upon 3fr. 3fadison to announce to the house the death of Franklin, which was done in words of simplicity as felicitous as the char. acter they commemorated. The result of the first session of the 1st congress in Ness- York was to give the representatives of the southern states a feeling of uneasiness as to the power of NeW England and New York to control all legislation, in which Mr. Medi. .son participated. In the beginning of the second s'ession a bill for tlie incorporation of national bank passed the senate. Madison opposed it in the house, argued its uncon 3titutionality, and united the southern states against it; but it was carried by the north— :rn members. President Washington was in painful doubt whether to sign the bill. Ilis attorney-general gave an elaborate opinion that it was unconstitutional. Jefferson was of the same opinion. IIamilton wrote an elaborate reply to prove its constitution ality. Washington requested Madison to reduce to writing the objections fo the bill, with • a view, it was supposed, to embody them in a veto; and Madison carefully prepared such a paper; but the president, at the last moment, signed the bill out of deference to,
. the majorities which had passed it. Madison soon after opposed a congressional prac tice of calling on the heads of departments for their opinion; opposed again the assump tion of the debts of the states; protested against the demoralizing effects of the banking and funding system of the secretary- of the treasury; took spirited ground against the visitation of American ships by the British, and announced that the settled policy of law should be that " free ships make free goods." Washington, when his first term was near its close, requested Madison to prepare for him a valedictory address, which he did prepare; remonstrating with the former at the same time against his determination, not to run for a second term. Washington did consent to a second election, and Madi— son's manuscript was preserved by him and included entire in his noble farewell address to the American people. In the third session of congress Madison made a vigorous criticism on the acts of Hamilton as secretary of the treasury in diverting public moneys, pledged to pay a debt to France, for the use of the national bank, to the discredit of the honor of the country; and, to a series of political articles written by Hamilton over the signature of "Pacifieus," broaching doctrines as to the powers of the executive under the constitution, which Madison thought dangerous, be replied by a masterly series of five essays over the title of "Helvidius;" to which Hamilton made no reply_ These were written from his father's farm after the close of the 2d congress. In the second session of the 3d congress Madison renewed his resolution for additional duties on the manufactures and shipping of those countries having no commercial treaties with the United States, being especially aimed to counteract the injurious effect of British discrimination against American commerce, embracing a specific retaliation for specific measures of hostile foreign legislation. This was not passed, but postponed till the next session, when new outrages on American commerce on the part of England called for the appointinent of special commissioners to England. Towards the close of the session Madison reviewed the acts of congress iu a pamphlet entitled Political Qbservations, now of great value.
In the recess of congress, on Sept. 15, 1794, Madison married Mrs. Dorothea Payne Todd, whose beauty, gracious tact, and kindness of heart and lively social qualities. made her circle of admirers and her influence as extensive within her sphere, for the remainder of their lives, as her husband's; and as wife of the president, a few years later,. she became the model of all the graces of life that adorn high stations.
The so-called whisky rebellion in Pennsylvania furnished Hamilton, secretary of' the treasury, with an opportunity to invoke military force in its treatment. iv a manner that indicated the tendency to the use of despotic force which was the characteristic of his statesmanship. Democratic societies had sprung up in the country somewhat in the intem perate style of the Jacobins of Paris. The federalists sought to obtain resolutions of condemnation by congress of these societies. 3Iadison, while making no defense of their spirit, made such lucid expositions of the danger of such a resolution that it was finally negatived. The increase of the standing army was vigorously pressed by the federalists; 3Iadison opposed it but the federalists prevailed. In Aug., 1795, he protested against a treafy with England, which yielded the right of search of American vessels, and which he speaks of as adding " to the ruinous bargain with that nation a di,quali fication to make a good one with any other." In the last session of the 4th congress he bore a conspicuous part in a three weeks' discussion on the constitutional limits of the treaty-making and legislative powers. President 1Vashington assumed a position with reference to this subject that _Madison felt called upon to oppose, and in doing so carried more than two-thirds of the house of representatives in his support, and made the precedent for a participation by the legislative department in carrying treaties into effect which has since become a principle of our government. His service in the house of representatives ceased with the administration of 'Washington.