James Madison Papers

James Madison: Notes on Virginia Resolutions, 1 January 1833

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 them, resuming the power all had granted; or if necessary, the people of each State then the revoly right of resisting"


Virga. charged with proc[ ] nullification, by the arsenal, and habs. corpus for members of Legisl: the first refuted by Mr Ritchie: the 2d. never brought to issue: and uncertain how far arrest of a member wd. have been sustained by Judy. of the U. S. and how far force sd. be used against the Judy of the U. S.

That there may be the cases where a State ought to protect a member of the Legis. by force agst the authy of the U. S., is certain: so cases where the U. S. might justly presume shd. been

He might have committed murder, even ast. a member of Congs. or be under arrest for treason, or for assisting in a Coup. &c

Accordg to the Doctrine of S. J. our Constn is no Constitution but a mere league our Govt. is no Gov but a mere power of Attorney, revocable at the will of ea[ch] of the parties, and those who use the language must adhere to the meaning universally put on it, till the late innovation of S. C. are reproached as nevertheless Nullification now used different meanings. That Mr. J--n natural right, certainly not that of S. C. his ideas same in letter to Mr. Giles which was no secession, at will but in extreme cases of oppression

1. The Nul. mask the doctrine

2. lose sight of State of things at time

3 lose sight of 7th. 8th & Report the testimony of people that a new body

3 which as to the 3d. Resol.

Excuse this by itself

--limit the resolns. &c to petition &c

--unsound not bindg. & ca nullity &c.

--Every right has its remedy

Ms (DLC).

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