The writings of James Madison, comprising his public papers and his private correspondence, including numerous letters and documents now for the first time printed. |
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TO HENRY LEE. |
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 | The writings of James Madison, |  |
TO HENRY LEE.
I have received, Sir, your letter of the 18th, inclosing
the proposal of a new publication, under
the title of "American Gazette & Literary Journal."
Of the prospectus I cannot say less than that it is
an interesting specimen of cultivated talents.
I must say at the same time that I think it concedes
too much to a remedial power in the press
over the spirit of party.
Besides the occasional and transient subjects on
which parties are formed, they seem to have a
permanent foundation in the variance of political
opinions in free States, and of occupations and
interests in all civilized States. The Constitution
itself, whether written or prescriptive, influenced as
its exposition and administration will be, by those
causes, must be an unfailing source of party distinctions.
And the very peculiarity which gives
pre-eminent value to that of the United States, the
partition of power between different governments,
opens a new door for controversies and parties.
There is nevertheless sufficient scope for combating
the spirit of party, as far as it may not be necessary
to fan the flame of liberty, in efforts to divert it
violence, especially in the ascendant party; to
elucidate the policy which harmonizes jealous interests;
and particularly to give to the Constitution
that just construction, which, with the aid of time
and habit, may put an end to the more dangerous
schisms otherwise growing out of it.
With a view to this last object, I entirely concur
in the propriety of resorting to the sense in which
the Constitution was accepted and ratified by the
nation. In that sense alone it is the legitimate
Constitution. And if that be not the guide in expounding
it, there can be no security for a consistent
and stable, more than for a faithful exercise
of its powers. If the meaning of the text be sought
in the changeable meaning of the words composing
it, it is evident that the shape and attributes of the
Government must partake of the changes to which
the words and phrases of all living languages are
constantly subject. What a metamorphosis would
be produced in the code of law if all its ancient
phraseology were to be taken in its modern sense.
And that the language of our Constitution is already
undergoing interpretations unknown to its founders,
will I believe appear to all unbiased Enquirers into
the history of its origin and adoption. Not to look
farther for an example, take the word "consolidate"
in the Address of the Convention prefixed to the
Constitution. It there and then meant to give
strength and solidity to the Union of the States. In
its current & controversial application it means a
into the government of the Union.
On the other point touched in your letter, I fear
I shall not very soon be able to say anything. Notwithstanding
the importance of such a work as that
of Judge Johnson, and the public standing of the
author, I have never given it a reading. I have
put it off, as in several other voluminous cases, till I
could go through the task with a less broken attention.
While I find that the span of life is contracting
much faster than the demands on it can be
discharged, I do not however abandon the proposed
perusal of both the "Life of Greene," and "the
Campaign of 1781."
| The writings of James Madison, | |