James Madison Papers

James Madison to George Tucker, 17 October 1831

Ocr. 17. 1831

Dear Sir

I understand that the correspondence between Judge Pendleton & Richard H. Lee has been deposited by the grandson of the latter in the University of Virga. and I find among the letters of the former to me, one in wch. he incloses a copy of remarks on the original Judicial bill, then depending in Congs. which had been sent to him by R. H. Lee then a member of the Senate, with a request of his opinion on it. The letter of the Judge to me does not approve of the plan of the bill, but the 25 Sectn. is not noticed among many objectionable passages, suggested to his correspondent as needing revision. From the letter to me it appears that the Judge wd have preferred a Fedl. use of the State Courts with an appeal from the Supreme Courts of the States to the supreme Court of the U.S. Do me the favor to examine the letter of Mr. P enclosing His remarks to Mr L. and let me know whether the be met anything, and if any, what that relates to the Appellate supremacy of the Fedl. Judiciary over the State Judiciary With cordial salutations

Draft (DLC).

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