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The Answer of James Madison of Orange County Virginia, to the Bill of Complaint of Charles Edmonston against him & others, in the Circuit Court of the District of Columbia, for the County of Washington, on the Chancery Side. This Respondent, now and at all times, reserving to himself all & all manner of right, advantage, & benefit of plea, demurrer or exception to the errors, inaccuracies &...
I must plead a lapse of 50 years as an apology for not recollecting in my answer to yours on the subject of the Lands ceded by Virginia to the U.S. that a vindication of her title wd. be found in the secret Journals of Congress— It appears there under the head of "facts & observations", but had been prepared by the Virga. Delegates & put into the form of direct instructions from Congress to...
The compound Govt. of U. S is without a model, and to be explained by itself; not by similitudes or analogies. The terms, union Federal, national not to be applied to it without the qualifications peculiar to the System: The English Govt. in a great measure sui generis and the terms monarchy used by those who look at the Executive head only, and Commonwealth, by those looking only at the...
To be revised & follow if necessary the publication of the letters. The public will decide how far it was becoming in Mr T. on the floor of the Senate where he represented the State of Virga. with <...> evidence before him, to Charge G. W. &ca. with a* design &c. *examine the Report in the Newspapers And Mr. T. himself, will decide how far it was just or candid, to disregard the disproofs of...
INTERESTING FACT. A reference having been made by Mr. Leigh and Mr. Mercer to the 54th number of the Federalist, Mr. Madison yesterday, on a question being put by Mr. Leigh to Mr. Mercer, "who was the author of that paper?" rose and said, that although he was not desirous of saying any thing on the subject, yet, under these circumstances, he thought himself justified in stating that neither...
I have recd. Sir, your letter of the 3d: Mr. Harding in an error in supposing it my intention to pay the debts of J. P. Todd., of which you will please to apprize him. Your Professional Agency in making the application needed no apology.   I thank you Sir for the kind language expressed in relation to myself and beg you to accept my respects & my good wishes RC (MHi : Law School Library).
The plan proposed by the gentleman from Northampton, freed as it has been from one of its Elements, [taxation], appears to be entitled to a favorable consideration: It is not liable to objections which are so decisive with those, who oppose the rival plan. The original and real ground of opposition between the two parties, is that one basis of representation for both Houses of the Legislature,...
Altho’ the Legislature of Virginia declared at a late Session almost unanimously, that S. Carolina was not supported in her doctrine of nullification by the Resolutions of 1798, it appears that those Resolutions are still appealed to as expressly or constructively favoring the doctrine That the doctrine of nullification may be clearly understood, it must be taken as laid down in the Report of...
The plan proposed by the gentleman from Northampton, freed as it has been from one of its Elements, (taxation), appears to be entitled to a favorable consideration: It is not liable to objections which are so decisive with those, who oppose the rival plan. The original and real ground of opposition between the two parties, is that one basis of representation for both Houses of the Legislature,...
Mr. M. agreed to purchase the House & lotts of Mr. Cutts in the City of Washington under the following circumstances. A considerable sum had been left under the controul of Mr. Cutts subject to the call of Mr. M. which it was expected would be delayed for a very short time. Before the call was made Mr. Cutts yielding to sanguine calculations both as to profit and the prompt means of replacing...
Having alluded to the Supreme Court of the U. S. as a Constitutional resort in deciding questions of Jurisdiction between the U. S. and the individual States a few remarks may be proper shewing the sense and degree in which that character is more particularly ascribed to that Department of the Govt. As the Legislative, Executive & Judicial Departments of the U. S. are co-ordinate, and each...
thinks it more desirable than probable that on discussing the urgent case of S. C, abstract questions may be avoided; that if not avoided, it is important that the several speakers shd. distinctly understand the meaning of each other, without wch. the debates may become verbal unintelligible & interminable; that it is particularly important to be kept in view that the characteristic...
Vol. 4. p. 324--"to encourage Agriculture"--How 332--Agricult. manufs. Come. & navy may be protected agst casual combts within [draft?] 449. not too much regulat—meet [un?]equaly [ ] in foreign intercourse 453—"foster fisheries for navy", & food, & protect manufacrs. adaptd. to our [ ] these rules of action [five? fine?] principle of Constn. 5. p. 31 "Take a broader field of Legisln., whether...
As this advice, if it ever see the light will not do it till I am no more it may be considered as issuing from the tomb where truth alone can be respected, and the happiness of man alone consulted. It will be entitled therefore to whatever weight can be derived from good intentions, and from the experience of one, who has served his Country in various stations through a period of forty years,...
Compact express or tacit, [begin? bein?] & essence of free Govt. social compact, theoretical, but possible to be realized in [unaccepted?] tendency __________ Majy. to decide, whether a necessary result or an [ ] one _________ Majy. to chuse a Govt. binding on all. __________ Govt. not a party to the compact, but the creature [ ] the compact being among the Governed (sound [construction?...
Being satisfied from observation and experience, as well as from Medical testimony that ardent spirit, as a drink, is not only needless, but hurtful; and that the entire disuse of it would tend to promote the health, the virtue, and the happiness of the community, We hereby express our conviction, that should the citizens of the United States, and especially all young men, discontinue entirely...
(Those who deny that the power of Congs to regulate foreign commerce includes a protective power, yet contend that the power grantable to the States to impose duties on, it was intended to provide for a protection or substitute, and who rely for a proof on the testimonies of L. Martin, must yield to the inference that the protection is a branch of the comercial [expansion sign] power, distinct...
MR. MADISON’S PAMPHLET. In the Register of the 11th ult. page 193, we copied a paragraph from the Boston Patriot, saying, that a pamphlet now existed, stated by Mr. Jefferson to have been written by James Madison (though published anonymously), in which it is mentioned that " the leading object of the federal convention of 1787, for framing a constitution, to have been, to protect our own...
A sketch never finished nor applied. As the weakness and wants of man naturally lead to an association of individuals, under a Common Authority, whereby each may have the protection of the whole against danger from without, and enjoy in safety within, the advantages of social intercourse, and an exchange of the necessaries & comforts of life; in like manner feeble communities, independent of...
To the effect of <the> changes intellectual, moral and social, the institutions laws of the Country must be adapted, and it will require for the task all the wisdom of the wisest patriots. *How far this view of the subject will be affected by the Republican laws of descent & distribution in equalizing the property of the citizens and in reducing mutual supplies cannot be inferred from any any...
This Indenture made this Henshaw day of July one thousand eight hundred and A Madison nine, between James Madison and Dolley P. his wi[fe] the county of Orange, of the one part, and William Smith, of the same county, of the other part— Witnesseth, that the said James Madison and Dolly P. his wife for and in consideration of the sum of eight hundred dollars to the said James by the said William...
[made on a letter from Alexander Garrett, April 16, 1831: post April 16, 1831] [ ] H. of Reps. chosen for his real plan by St: Legs. (see notes) in [ ] plan presented Council of Revision of Ex. & principal offrs of Govt. [ ] noted, see p. 8-9. of the pamphlet Executive for 7 years p. 9. on power to [ ] p. 10. Appoint Fedl. Courts for territorial Contests between States payment on debts of...
Another consequence suggests itself as following the nullifying rule–I will illustrate it practically– Suppose S. Carolina to be supported by the requisite number of States in her appeal against the tariff, it is null– but Pennsylvania, with equal right as one of the seventeen, vitally interested in the continuance of the law, and supported by a greater number of sister States, appeals pari...
Notes on Virginia Resolutions more [ ] (all the powers [ ] for one the = one for all [ ] from Resoln. 3d Strike out "[ ] actively and not instead one of the nullifying [ ] With the word retained its substance is taken away by the Keny. [ ] 9th. Resoln. & compleatly annihilated by the Explanatory Rept. of 99 _____________ The ratifying clause of the Virga. may [ ] by people of the U. S., all of...
*["Written during the session of the Virginia Convention of 1829-’30. -- Ed.", in Writings of James Madison (Congressional edition), vol. 4, page 28] III.* The right of suffrage being of vital importance, and approving an extension of it to housekeepers and heads of families, I will suggest a few considerations which govern my judgment on the subject. Were the Constitution on hand to be...
Divn. of powers to weaken each br. & to balance the whole [ ] Hence Leg. Ex. & Judy. The 2 houses, the veto of Ex & indepce of Judges, liable however to impt. & removal &c Case of negroes--persons as well as property. the sympathy of white population in one branch of Legisl: protect ym agst. masters—the interest of masters protect ym agst. disproportionate taxation. Charters of incorpn....
Mr. Madison now rose and addressed the Committee in a speech of which the following is the outline & substance. Altho the actual posture of the subject before the Committee might admite a full survey of it, it is not my purpose in rising to enter into the wide field of discussion, which has called forth a display of intellectual resources and varied powers of eloquence that any country might...
J. M. was born on the 5th of Mar. (O. 5) 1751. His parents J. M. & N. (Conway) Madison, resided in the County of Orange in Virga. At the time of his birth they were on a visit to her mother, who resided on the Rappahannoc, at Port Conway in the County of King George. At the age of about 12 years, he was placed by his father under the tuition of Donald Robertson, from Scotland, a man of...
J. M. born 5. March (O. S.) 1751 at seat of maternal grandmother opposite Port Royal—recd. his elementary education at the home of his parents in Orange C.) At the age of 12—placed under the tuition of Donald Robertson a distinguished teacher in King & Queen where he went thro the studies preparatory to a college course. Continued those studies—under Revd Thos. Martin a private tutor in his...
Deposit 5400 + 600 (check every Memorandum of checks drawn on the Bank of Fredericksburg on the fund recd. from Mr Taylor. No. 1. fav. of W. Allen $1500 2. J. C. Payne 400 3. E. Coles.....2050 octb 4. J. Ballard & Co. ..... 200 10 5. Js. Shepherd ..... 80 10 6. Eras: T. Rose .... 250 17. 7 Docr. Grymes ..... 15 20. 8. D & M. Cutts ... 45 31. 9. Jas. Cowherd .... 1047 Nov 11. 20. Peter Gray...
superfluous, that this brotherhood and particularly the members of it in our view, have a keen conception of their own interest which governs their negociations. Of the other writings of Mr. M. it may not be amiss to use the inducement they offer of inviting liberality in present dealing by anticipated preference in the future. The test of their value may be referred to in what is now offered...
Altho’ the Legislature of Virginia at a late Session declared almost unanimously, that South Carolina was not supported in her doctrine of nullification by the Resolutions of 1798 it appears that those Resolutions are still appealed to as expressly or constructively favoring the doctrine. That the doctrine of nullification may be clearly understood, it must be taken as laid down in the Report...
I James Madison of Orange county do make this my last Will and testament, hereby revoking all Wills by me heretofore made. I devise to my dear Wife during her life, the tract of land whereon I live, as now held by me, except as herein otherwise devised; and if she shall pay the sum of nine thousand dollars within three years after my death, to be distributed as herein after directed, then I...
Sovereignty It has hitherto been understood, that the supreme power, that is, the sovereignty of the people of the States, was in its nature divisible; and was in fact divided, according to the Constitution of the U. States, between the States in their United, and the States in their individual capacities that as the States in their highest sov. char. were compent to a surrender of yr whole...
I have received your letter of the 1st. instant. Altho’ I have not learned that Mr. Adams has yet signified to the Department of State his wish to return from the Mission to St. Petersburg, it is sufficiently ascertained by your communication, as well as satisfactorily explained by the considerations suggested. I have accordingly desired the Secretary of State to let him understand that as it...
I have received your Letter of the 1st. instant. Altho’ I have not learned that Mr. Adams has yet signified to the Department of State his wish to return from the Mission to St. Petersburg, it is sufficiently ascertained by your communication, as well as satisfactorily explained by the considerations suggested. I have accordingly desired the Secretary of State to let him understand that as it...
private I have received your letter of Sepr. 30th. with a copy of "An Appeal from the new to the Old Whigs." The Pamphlet contains very able and interesting views of its subject. The claims for the Senate of a share in the removal from Office; and for the legislature an authority to regulate its tenure, have had powerful advocates. I must still think however, that the text of the constitution...
¶ To Adams Herbert & Co. Letter not found. 1 May 1816. Acknowledged in Adams Herbert & Co. to JM , 3 May 1816, as a letter including payment for Madeira wine.
I received in due time, the printed copy of your Convention Sermon, on the relation of Christianity to Civil Government, with a manuscript request of my opinion on the subject. There appears to be in the nature of man, what ensures his belief in an invisible cause of his present existence, & an anticipation of his future existence. Hence the propensities & susceptibilities in the case of...
Your favour of the 28th. Ult: was duly received, tho’ with more delay, than usually attends the Mail. I return the interesting letter from your son, with my thanks for the opportunity of perusing it. I have caused the archives of the Dept of State to be searched with an eye to what passed during the negociations for peace on the subject of the fisheries. The search has not furnished a precise...
Your favor of the 4th. of Sepr. was handed to me, by Docr. Freeman, at my abode in Virga. just before I left it for this place. His transient stay afforded but a slight opportunity for the civilities I wished to shew to one who enjoys so much of your esteem, and who appeared so well to deserve them. He was so good as to call at the door since my arrival here; but being at the moment engaged,...
I have been induced to this delay in acknowledging your letter of the 23d, inclosing one to you from Mr. Belknap of the 2d. Ulto. by a desire to obtain from my memory all the information it might have ever possessed in relation to the error in Docr. Kippis’ life of Capt: Cook. I was not a member of Congress till March 1780. It is probable therefore that, if his directions to American...
I have received your favor on the subject of Docr. Waterhouse, inclosing a letter from him which is now returned. Previous to this communication, the vacancy occasioned by the death of our Excellent friend, & the friend of mankind, had been filled by the appointment of his son Dr. James Rush. Besides the numerous & respectable interpositions in favor of it, I felt a pleasure, in putting this...
On my return two days ago from a Meeting appointed to report to the Legislature of the State a proper Scite for a University, I found your obliging favor of July 22. with its inclosed copies of Docr. Mayhews Sermon. I have read with pleasure this symbol of the political tone of thinking at the period of its original publication. The author felt the strength of his argument, and has given a...
I duly received your letter of the 21st. Ulto. inclosing one to yourself from Mr. Malcom. I return the latter as desired. Mr. Malcom was not in time to be taken into consideration along with others having the same object with him. I need not say that if it had been otherwise, and his comparative qualifications had entitled him to the appointment, I should have felt a pleasure in knowing that...
I duly received your letter of the 21st ulto. inclosing one to yourself from Mr. Malcom. I return the latter as desired. Mr. Malcom was not in time to be taken into consideration along with others having the same objects with him. I need not say that if it had been otherwise, and his comparative qualifications had entitled him to the appointment, I should have felt a pleasure in knowing that...
Being informed that our Mediterranean Passports and papers of navigation have been recently counterfeited and used by persons not entitled to them, and being referred to you for explanations respecting it, permit me to request you to make a deposition reciting your knowledge of the subject as circumstantially as may be and especially what you know respecting the interest Mr. Willis the...
I pay with much pleasure the debt of thanks for the copy of Mr. Wells’s Oration so kindly forwarded by you. It is a concise and well presented view of the great event celebrated, with a judicious selection of circumstances proper to be combined with it. I avail myself of this as of every occasion of renewing to you assurances of my high esteem and best wishes. RC (DSI–AC: Adams–Clement...
I recd. by the last mail your letter of the 12th. inst: inviting me to the reception at Richmond of Genl. La Fayette. And I have to regret that the obstacles to a compliance with a late kindred invitation will not permit me to avail myself of that so kindly conveyed by you. I can only therefore express at a distance the sincerity with which I shd. mingle my affectionate gratitude with the...
I have recd. your favor of the 22d Ult: with the two vols. bearing the name of Condorcet. If the length of time they remained in your hands, had been in the least inconvenient to me, which was not the case, the debt would have been greatly overpaid, by the interesting observations into which you were led by the return of them. The idea of a Government “in one center” as explained and espoused...