James Madison Papers

From James Madison to Jacob Engelbrecht, 4 July 1827

To Jacob Engelbrecht

Montpellier July 4. 1827

Dear Sir

Though the request your letter makes be a little singular, a compliance with it seems due to the motives which prompted it; and a short autographic extract is accordingly subjoined.

Charters1

“In Europe, charters of liberty have been granted by Power. America has set the example of Charters of power, granted by Liberty. This revolution in the practice of the world, may, with an honest praise, be pronounced the most triumphant Epoch in its history, and the most consoling presage of its happiness. We look back, already, with astonishment at the daring outrages committed by despotism on the reason and the rights of man; we look forward with joy, to the period, when it shall be despoiled of all its usurpations, and bound forever in the chains, with which it had loaded its miserable victims.

In proportion to the value of this revolution; in proportion to the importance of Instruments, every word of which decides a question2 power and liberty; in proportion to the solemnity of Acts proclaiming the will, and authenticated by the seal of the people, ought to be the vigilance with which they are guarded by every citizen in private life, and the circumspection, with which they are executed by every Citizen in public trust.

As compacts, charters of Goverment are superior in obligation to all others, because they give effect to all others: As trusts, none can be more sacred, because they are bound on the conscience by the religious sanctions of an oath: As metes and bounds of Government, they transcend all other land-marks, because every public usurpation is an encroachment on the private right, not of one, but of all.

The citizens of the United States have peculiar motives to support the energy of constitutional charters.

Having originated the experiment, their merit will be estimated by its success.

Being Republicans, they must be anxious to establish the efficacy of popular Charters, in defending liberty against power, and power against licenciousness; and in keeping every portion of power within its proper limits.” With friendly respects

James Madison

RC (owned by Jacob E. Engelbrecht, Washington, D.C., 1960); draft (DLC). Draft verso docketed by JM: “Engelbrecht Jacob July 4—& October 17. 1827.” The “July 4” date was suggested by Engelbrecht to increase the value of the autograph, which Engelbrecht had requested on 5 September 1825 (PJM-RS description begins David B. Mattern et al., eds., The Papers of James Madison: Retirement Series (4 vols. to date; Charlottesville, Va., 2009–). description ends , 3:591) and again on 25 June 1827.

1JM placed an asterisk here in the draft and wrote below: “*See Freneau’s National Gazette p. 94.” The draft ends here. The body of the RC is an extract of JM’s National Gazette essay “Charters,” dated 18 January 1792 and published the following day; see PJM description begins William T. Hutchinson et al., eds., The Papers of James Madison (1st ser.; vols. 1–10, Chicago, 1962–77; vols. 11–17, Charlottesville, Va., 1977–91). description ends , 14:191–92.

2The National Gazette essay has “between” here.

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