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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 &...
The other volumes contain of I notes of conversations, whilst Secretary of State, with President Washington and others high in office; and Memoranda of Cabinet Councils committed to paper on the spot & filed; the whole, with the explanatory & miscellaneous additions, shewing the views and tendencies of parties, from the year 1789 to 1800. II Letters from 1779 to his death, addressed to a great...
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,...
University of Virginia Bond (for $500 borrowed from Thomas Jefferson Randolph; signed by James Madison as Rector) The Rector and Visitors of the University of Virginia owe to Thomas Jefferson Randolph, Trustee for Mrs. Martha Randolph, the sum of five hundred dollars, for so much money borrowed of him, pursuant to an act of the General Assembly, passed on the seventh day of March, 1827,...
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,...
I concur with General Cocke in opinion that William Matthews may, with the approbation of the Faculty, and subject to the further order of the Visitors, proceed with a School of Military Instruction in the university, according to the arrangements above proposed; and that he be allowed the use of an unoccupied Pavilion, under regulations to be prescribed by the Proctor. Ms, enclosing relevant...
The Editor, tho’ he cannot be insensible to the genius, the learning, the philosophic inspiration & the love of country displayed in the writings now committed to the press, is restrained not less by his incompetency than by his relation to the Author, from dwelling on themes, which belong to an eloquence that can do justice to the names of illustrious benefactors to their country and to their...
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...
—confided to them. As the result they have the satisfaction to state a marked improvement in the economy of the Institution, & in the habits of the Students; and as a consequence, this in the degree wherein they appear to have availed themselves of the advantages held out by the able professors whose services the University is so fortunate in possessing. On this subject there is little else to...
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...
Exceptions to the maxim that commerce should be free 1. In cases where other nations would not follow the example, or admit a reciprocity. 2. To procure safety at the expence of interest--as in naval resources & other means of defence 3. To secure the means of transporting articles of commerce agst. the contingency of wars among carrying Nations which divert or raise the price & ensurance 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...
The D. of Trust--to J. M. witht. namg. Heirs or Exor [Executor]; Can Attorney be made to Exec: the instrnts--sue for them--& proceed to enforce the Mortgage. The trust being power to Will can that vary or explain its import. How divided between Wife & Children? if will be in those vague terms! Bridge Stock What the character of the assignment of it--according to Statemt. in Mrs. Ts letter if...
I send them immediately to the p.o. that they may go in the mail of tomorrow morning. Friendly respects & good wishes RC (Marshall B. Coyne, Washington, D. C.).
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...
This had been prepared by J.M. as a preface or prospectus for the "Memoir" when that alone was intended for imediate publication. The opinion universally entertained of the extraordinary abilities of Thos. Jefferson and the signal evidences lately given by his country of a profound sense of his patriotic services, and of veneration for his memory, have induced his Executor, who is also the...
[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...
I have received from the American Whig Society in the College of New Jersey, a copy of the Discourse on popular education delivered at Princeton in September last by Charles F. Mercer, Esqr. In returning my thanks to the Society for this token of its friendly respect, I ought not to withold the praise due to the Author of the discourse, for the valuable information enriched with much...
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...