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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 | The writings of James Madison, |  |
TO THOMAS JEFFERSON.
Dear Sir The letters from Mr Cabell are herein
returned. I just see that he has succeeded in defeating
the project for removing the College from
Williamsburg.
I hope your concurrence in what I said of Mr
Barbour will not divert your thoughts from others.
It is possible that the drudgery of his profession,
the uncertainty of Judicial appointment acceptable
to him, and some other attractions at the University
for his young family, might reconcile him to a removal
thither; but I think the chance slender.
I have looked with attention over your intended
proposal of a text book for the Law School. It is
certainly very material that the true doctrines of
liberty, as exemplified in our Political System,
should be inculcated on those who are to sustain
and may administer it. It is, at the same time,
not easy to find standard books that will be both
guides & guards for the purpose. Sidney & Locke
are admirably calculated to impress on young minds
the right of Nations to establish their own Governments,
no aid in guarding our Republican Charters against
constructive violations. The Declaration of Independence,
tho' rich in fundamental principles, and
saying every thing that could be said in the same
number of words, falls nearly under a like observation.
The "Federalist" may fairly enough be
regarded as the most authentic exposition of the
text of the federal Constitution, as understood by
the Body which prepared & the Authority which
accepted it. Yet it did not foresee all the misconstructions
which have occurred; nor prevent some
that it did foresee. And what equally deserves
remark, neither of the great rival Parties have acquiesced
in all its comments. It may nevertheless
be admissible as a School book, if any will be that
goes so much into detail. It has been actually
admitted into two Universities, if not more—
those of Harvard and Rh: Island; but probably at the
choice of the Professors, without any injunction
from the superior authority. With respect to the
Virginia Document of 1799, there may be more
room for hesitation. Tho' corresponding with the
predominant sense of the Nation; being of local
origin & having reference to a state of Parties not
yet extinct, an absolute prescription of it, might
excite prejudices against the University as under
Party Banners, and induce the more bigoted to
withhold from it their sons, even when destined
for other than the studies of the Law School. It
may be added that the Document is not on every
Party. Are we sure that to our brethren of the
Board it is so ? In framing a political creed, a like
difficulty occurs as in the case of religion tho' the
public right be very different in the two cases. If
the Articles be in very general terms, they do not
answer the purpose; if in very particular terms, they
divide & exclude where meant to unite & fortify.
The best that can be done in our case seems to be,
to avoid the two extremes, by referring to selected
Standards without requiring an unqualified conformity
to them, which indeed might not in every
instance be possible. The selection would give them
authority with the Students, and might controul
or counteract deviations of the Professor. I have,
for your consideration, sketched a modification of
the operative passage in your draught, with a view
to relax the absoluteness of its injunction, and added
to your list of Documents the Inaugural Speech
and the Farewell Address of President Washington.
They may help down what might be less readily
swallowed, and contain nothing which is not good;
unless it be the laudatory reference in the Address
to the Treaty of 1795 with G. B. which ought not
to weigh against the sound sentiments characterizing
it.
After all, the most effectual safeguard against
heretical intrusions into the School of Politics, will
be an Able & Orthodox Professor, whose course of
instruction will be an example to his successors,
and may carry with it a sanction from the Visitors.
Affectionately yours.
Sketch.
And on the distinctive principles of the Government
of our own State, and of that of the U. States,
the best guides are to be found in—1. The Declaration
of Independence, as the fundamental act of
Union of these States. 2. the book known by the
title of the "Federalist," being an Authority to
which appeal is habitually made by all & rarely
declined or denied by any, as evidence of the general
opinion of those who framed & those who accepted
the Constitution of the U. States on questions as to
its genuine meaning. 3. the Resolutions of the
General Assembly of Virga. in 1799, on the subject
of the Alien & Sedition laws, which appeared to
accord with the predominant sense of the people
of the U. S. 4. The Inaugural Speech & Farewell
Address of President Washington, as conveying
political lessons of peculiar value; and that in the
branch of the School of law which is to treat on the
subject of Govt., these shall be used as the text &
documents of the School.
| The writings of James Madison, | |