74
The celebrated Montesquieu, speaking of them says, “of the three powers above mentioned, the JUDICIARY is next to nothing.” Spirit of Laws, vol. I, page 186 [Hamilton’s note].
75
ldem. page 181 [Hamilton’s note].
76
Vide Protest of the minority of the convention of Pennsylvania, Martin’s speech, &c. [Hamilton’s note].
77
“A state within a state” or “a government within a government” (Latin); this familiar maxim meant that two sovereign bodies could not coexist within a single polity.
78
N. York [Madison’s note].
79
As the American minister to France, Jefferson was alluding to deliberations of King Louis XVI and his advisers.
80
Jefferson means a president partial to either France or Britain.
81
These and all other italicized words in this letter were originally written in code.
82
madison refers to the three-volume A Defence of the Constitutions of Government of the United States of America ( 1787-1788), written while Adams was minister to Great Britain.
83
Madison refers to a recently published pamphlet reprinting all the amendments to the Constitution proposed by the various state ratification conventions.
84
Madison alludes to the fact that Jefferson has been serving as the minister to France and thus observing the traditional problem of how to protect rights against the concentrated power of monarchy.
85
These and all other italicized words in this letter were originally written in code.
86
100£, at a compound interest of 5. percent, makes, at the end of 19. years, an aggregate of principle and interest of £252-14, the interest of which is 12£-12s-7d which is nearly 12
per cent on the first capital of 100.£ [Jefferson’s note].
87
Rhode Island and North Carolina initially rejected the Constitution.