James Madison to Thomas Jefferson, 15 [January] 1823
From James Madison
Montpellier [Jan.] 15. 1823
Dear Sir
I have duly received yours of the 6th with the letters of Mr Cabell, Mr Gerry, and Judge Johnson. The letter from Mr C. proposing an Extra Meeting of the Visitors, & referred to in yours was not sent, and of course is not among those returned.
The friends of the University in the Assembly seem to have a delicate task on their hands. They have the best means of knowing1 what is best to be done, and I have entire confidence in their judgment as well as their good2 intentions. The idea of Mr Cabell, if successful will close the business handsomely. One of the most popular objections to the Institution, I find is the expence added by what is called the ornamental style of the Architecture. Were this additional expence as great as is supposed, the objection ought the less to be regarded as it is short of the sum saved to the public by the private subscribers who approve of such an application of their subscriptions. I shall not fail to join you on receiving the expected notice from Mr Cabell, if the weather & my health will permit: but I am persuaded it will be a supernumerary attendance, if the money be obtained, and the sole question be on its application to the new Edifice.
The two letters from Mr Gerry are valuable documents on a subject that will3 fill some interesting pages in our history. The disposition of a party among us4 to find a cause of rupture with France,5 and to kindle a popular flame for the occasion, will go to posterity6 with too many proofs to leave a doubt with them. I have not looked over Mr Gerry’s letters to me which are very numerous, but may be7 of dates not connected with the period in question. No resort has been had to them for materials for8 his biography, perhaps from an idea that his correspondence with me may contain nothing of importance; or possibly from a displeasure in the family, at my disappointing the expectations of two of them. Mr Austin the son in law was anxious to be made Comptroller9 instead of Anderson, who had been a revolutionary officer, a Judge in Tennessee, and a Senator from that State in Congress; and with equal pretensions only had in his scale the turning weight of being from the West, which considers itself without a fair proportion of national appointments. Mr Austin I believe a man of very respectable talents, & had erroneously10 inferred from Mr Gerry’s communications, that I was under a pledge to name him for the vacancy when it should happen. Thinking himself thus doubly entitled to the office, his alienation has been the more decided. with every predisposition in favor of young Gerry, he was represented to me from the most friendly quarters as such a dolt, that if his youth could have been got over, it was impossible to prefer him to the place (in the Customs) to which he aspired. I11 believe that some peculiarities in his manner led to an exaggeration of his deficiences, and that he acquits himself well eno’ in the subordinate place he now holds.
Judge Johnson’s letter was well entitled to the perusal you recommended. I am glad you have put him in possession of such just views of the course that ought to be pursued by the Court in delivering its opinions. I have taken frequent occasions to impress the necessity of the seriatim mode; but the contrary practice is too deeply rooted to be changed without the injunction of a law, or some very cogent manifestation of the public discontent. I have long thought with the Judge also that the Supreme Court ought to be relieved from its circuit duties, by some such organization as he suggests. The necessity of it is now rendered obvious12 by the impossibility, in the same individual, of being a circuit Judge in Missouri &c. and a Judge of the Supreme Court at the Seat of Government. He is under a mistake in charging, on the Executive at least, an inattention to this point. Before I left Washington I recommended to Congress the importance of establishing the Supreme Court13 at the Seat of Govt which would at once14 enable the Judges to go thro’ the business, & to qualify themselves by the necessary studies for doing so, with justice to themselves & credit15 to the nation. The reduction of the number of Judges would also be an improvement, & might be conveniently effected in the way pointed out. It cannot be denied that there are advantages in uniting the local & general functions in the same persons if permitted by the extent of the Country. But if this were ever the case, our expanding settlements put an end to it. The organization of the Judiciary16 Department over the extent which a Federal System can reach involves peculiar difficulties. There is scarcely a limit to the distance which Turnpikes & Steamboats may, at the public expence, convey the members of the Govt & distribute the laws. But the delays & expence of suits brought from the extremities of the Empire, must be a severe burden on Individuals. And in proportion as this is diminished by giving to local Tribunals a final jurisdiction, the evil17 is incurred of destroying the uniformity of the law.
I hope you will find an occasion for correcting the error of the Judge in supposing that I am at work on the same ground as will be occupied by his historical view of parties, and for animating18 him to the completion of what he has begun on that subject. Nothing less than full-length likenesses19 of the two great parties which have figured in the national politics will sufficiently expose the deceptive colours under which they have been painted. It appears that he has already collected materials, & I infer from your accts of his biography of Green which I have not yet seen, that he is capable20 of making the proper use of them. A good work on the side of truth from his pen will be an21 apt & effective antidote to that of his Colleague22 which has been poisoning the public mind, & gaining a passport to posterity.
I was afraid the Docr was too sanguine in promising so early a cure of the fracture in your arm. The milder weather soon to be looked for, will doubtless favor23 the vis medicatrix which nature employs in repairing the injuries done her.
James Madison
RC (DLC: Madison Papers); partially dated; at foot of text: “Mr Jefferson”; endorsed by TJ as a letter of 15 Jan. 1823 received four days later and so recorded in SJL. Dft (DLC: Madison Papers, Rives Collection); dated 5 Jan. 1823; lacking closing and signature. Enclosures: enclosures to TJ to Madison, 6 Jan. 1823.
Following the death of his namesake father, young gerry (Elbridge Gerry [1793–1867]) requested a federal appointment from Madison ( , Pres. Ser., 8:419–20). deficiences is an obsolete form of “deficiencies” ( ).
In his final Annual Message, 3 Dec. 1816, Madison recommended to congress “a remodification of the judiciary establishment,” noting that it was “called for by the accruing business, which necessarily swells the duties of the Federal Courts; and by the great and widening space, within which justice is to be dispensed by them. The time Seems to have arrived, which claims for members of the Supreme court, a releif from itenerary fatigues, incompatible as well with the age which a portion of them will always have attained, as with the researches and preparations which are due to their Stations, and to the juridical reputation of their country. And considerations equally cogent, require a more convenient organization of the Subordinate Tribunals, which may be accomplished without an objectionable increase of the number or expence of the Judges” ( , Pres. Ser., 11:536).
William Johnson’s colleague on the United States Supreme Court was John Marshall, whose Life of George Washington was thought by TJ and Madison to be poisoning the public mind. The docr was Thomas G. Watkins.
1. Preceding six words interlined in Dft in place of “are the best judges of.”
2. Word interlined in Dft.
3. Dft: “must.”
4. Preceding five words interlined in Dft.
5. Dft: “Revolutionary France.”
6. RC and Dft: “posperity.”
7. Preceding two words interlined in Dft in place of “are probably.”
8. Sentence to this point interlined in Dft in place of illegible phrase.
9. RC: “Comptrouller.” Dft: “Comptroller.”
10. Word underscored in Dft.
11. Dft here adds “have reason to.”
12. Word interlined in Dft in place of “essential.”
13. Reworked in Dft from “of making the Supreme Court Stationary.”
14. Preceding two words interlined in Dft in place of “alone.”
15. Word interlined in Dft.
16. RC: “Judiary.” Dft: “Judiciary.”
17. Word interlined in Dft in place of “danger.”
18. Word interlined in Dft in place of “stimulating.”
19. Reworked from “than a full-length portrait” in Dft.
20. Dft: “very capable.”
21. Word interlined in Dft in place of “a very.”
22. Word interlined in Dft in place of “Judicial brother.”
23. Preceding three words interlined in Dft in place of “may be expected to.”
Index Entries
- Anderson, Joseph; as comptroller of the treasury search
- Austin, James Trecothick; seeks appointment search
- boats; steamboats search
- Cabell, Joseph Carrington; as member of University of Virginia Board of Visitors search
- Central College; subscription for search
- Congress, U.S.; J. Madison’s messages to search
- French Revolution; and XYZ Affair search
- Gerry, Elbridge (1744–1814); and XYZ Affair search
- Gerry, Elbridge (1744–1814); biography of search
- Gerry, Elbridge (1744–1814); death of search
- Gerry, Elbridge (1744–1814); family of search
- Gerry, Elbridge (1744–1814); TJ’s correspondence with search
- Gerry, Elbridge (1793–1867); and biography of E. Gerry (1744–1814) search
- Gerry, Elbridge (1793–1867); J. Madison on search
- Gerry, Elbridge (1793–1867); seeks appointment search
- Greene, Nathanael; Sketches of the Life and Correspondence of Nathanael Greene, Major General of the Armies of the United States (W. Johnson) search
- health; weather’s effect on search
- Jefferson, Thomas; Health; broken arm search
- Jefferson, Thomas; Health; injured in fall search
- Johnson, William (1771–1834); and political parties search
- Johnson, William (1771–1834); as Supreme Court justice search
- Johnson, William (1771–1834); Sketches of the Life and Correspondence of Nathanael Greene, Major General of the Armies of the United States search
- judiciary, U.S.; and federalism search
- Life of George Washington (J. Marshall); accuracy of search
- Madison, James (1751–1836); and appointments search
- Madison, James (1751–1836); and biography of E. Gerry search
- Madison, James (1751–1836); and internal improvements search
- Madison, James (1751–1836); and party politics search
- Madison, James (1751–1836); and Supreme Court structure and function search
- Madison, James (1751–1836); and TJ’s health search
- Madison, James (1751–1836); annual message to Congress by search
- Madison, James (1751–1836); as member of University of Virginia Board of Visitors search
- Madison, James (1751–1836); health of search
- Madison, James (1751–1836); letters from search
- Madison, James (1751–1836); on federalism search
- Madison, James (1751–1836); TJ’s correspondence sent to search
- Marshall, John; Life of George Washington search
- politics; W. Johnson on political parties search
- roads; in U.S. search
- Senate, U.S.; members of search
- Sketches of the Life and Correspondence of Nathanael Greene, Major General of the Armies of the United States (W. Johnson) search
- steamboats; and federal law search
- Supreme Court, U.S.; structure and function of search
- Treasury Department, U.S.; and appointments search
- Virginia, University of; Administration and Financial Affairs; funding for search
- Virginia, University of; Board of Visitors; meetings of search
- Virginia, University of; Construction and Grounds; design of search
- Virginia, University of; Construction and Grounds; Rotunda (library) search
- Virginia, University of; Establishment; and General Assembly search
- Virginia, University of; Establishment; opposition to search
- Virginia; General Assembly search
- Watkins, Thomas G.; and TJ’s health search
- weather; effect on health search
- weather; effect on travel search