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James Madison

Data de nascimento: 16. Março 1751
Data de falecimento: 28. Junho 1836

James Madison, Jr. foi um advogado e político estadunidense. Foi o quarto Presidente dos Estados Unidos, entre 1809 e 1817.

Citações James Madison

„If men were angels, no government would be necessary.“

—  James Madison

Federalist No. 51 (6 February 1788)
1780s, Federalist Papers (1787–1788)
Contexto: If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself. A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions.

„We maintain therefore that in matters of Religion, no man’s right is abridged by the institution of Civil Society, and that Religion is wholly exempt from its cognizance.“

—  James Madison

§ 1
1780s, Memorial and Remonstrance Against Religious Assessments (1785)
Contexto: We hold it for a fundamental and undeniable truth, “that Religion or the duty which we owe to our Creator and the Manner of discharging it, can be directed only by reason and conviction, not by force or violence.” The Religion then of every man must be left to the conviction and conscience of every man; and it is the right of every man to exercise it as these may dictate. This right is in its nature an unalienable right. It is unalienable; because the opinions of men, depending only on the evidence contemplated by their own minds, cannot follow the dictates of other men: It is unalienable also; because what is here a right towards men, is a duty towards the Creator. It is the duty of every man to render to the Creator such homage, and such only, as he believes to be acceptable to him. This duty is precedent both in order of time and degree of obligation, to the claims of Civil Society. Before any man can be considered as a member of Civil Society, he must be considered as a subject of the Governor of the Universe: And if a member of Civil Society, who enters into any subordinate Association, must always do it with a reservation of his duty to the general authority; much more must every man who becomes a member of any particular Civil Society, do it with a saving of his allegiance to the Universal Sovereign. We maintain therefore that in matters of Religion, no man’s right is abridged by the institution of Civil Society, and that Religion is wholly exempt from its cognizance. True it is, that no other rule exists, by which any question which may divide a Society, can be ultimately determined, but the will of the majority; but it is also true, that the majority may trespass on the rights of the minority.

„We must deny the fact, that slaves are considered merely as property, and in no respect whatever as persons.“

—  James Madison

Federalist No. 54 http://econfaculty.gmu.edu/wew/quotes/slavery.html
1780s, Federalist Papers (1787–1788)
Contexto: We must deny the fact, that slaves are considered merely as property, and in no respect whatever as persons. The true state of the case is, that they partake of both these qualities: being considered by our laws, in some respects, as persons, and in other respects as property. In being compelled to labor, not for himself, but for a master; in being vendible by one master to another master; and in being subject at all times to be restrained in his liberty and chastised in his body, by the capricious will of another, the slave may appear to be degraded from the human rank, and classed with those irrational animals which fall under the legal denomination of property. In being protected, on the other hand, in his life and in his limbs, against the violence of all others, even the master of his labor and his liberty; and in being punishable himself for all violence committed against others, the slave is no less evidently regarded by the law as a member of the society, not as a part of the irrational creation; as a moral person, not as a mere article of property.

„Of all the enemies to public liberty war is, perhaps, the most to be dreaded, because it comprises and develops the germ of every other.“

—  James Madison

"Political Observations" (1795-04-20); also in Letters and Other Writings of James Madison http://archive.org/stream/lettersandotherw04madiiala#page/490/mode/2up (1865), Vol. IV, p. 491
1790s
Contexto: Of all the enemies to public liberty war is, perhaps, the most to be dreaded, because it comprises and develops the germ of every other. War is the parent of armies; from these proceed debts and taxes; and armies, and debts, and taxes are the known instruments for bringing the many under the domination of the few. In war, too, the discretionary power of the Executive is extended; its influence in dealing out offices, honors, and emoluments is multiplied; and all the means of seducing the minds, are added to those of subduing the force, of the people. The same malignant aspect in republicanism may be traced in the inequality of fortunes, and the opportunities of fraud, growing out of a state of war, and in the degeneracy of manners and of morals engendered by both. No nation could preserve its freedom in the midst of continual warfare.

„On a view of all circumstances I have judged it most prudent not to force Billey back to Virginia even if it could be done“

—  James Madison

Letter to James Madison, Sr. (8 September 1783) https://books.google.com/books?id=-IrnXiH2lbAC&pg=PA11&dq=%22Madison%22+%22coveting+that+liberty+for+which+we+have+paid%22&hl=en&sa=X&ved=0CCYQ6AEwAGoVChMI_ab6o9vWxwIVCmg-Ch1jIgiE#v=onepage&q=%22Madison%22%20%22coveting%20that%20liberty%20for%20which%20we%20have%20paid%22&f=false
1780s
Contexto: On a view of all circumstances I have judged it most prudent not to force Billey back to Virginia even if it could be done; and have accordingly taken measures for his final separation from me. I am persuaded his mind is too thoroughly tainted to be a fit companion for fellow slaves in Virginia. The laws here do not admit of his being sold for more than 7 years. I do not expect to get near the worth of him; but cannot think of punishing him by transportation merely for coveting that liberty for which we have paid the prices of so much blood, and have proclaimed so often to be the right, and worthy the pursuit of every human being.

„Mr. MADISON & Mr. WILSON observed that it would leave an equality of agency in the small with the great States; that it would enable a minority of the people to prevent ye. removal of an officer who had rendered himself justly criminal in the eyes of a majority; that it would open a door for intrigues agst. him in States where his administration tho' just might be unpopular, and might tempt him to pay court to particular States whose leading partizans he might fear, or wish to engage as his partizans.“

—  James Madison

Madison's notes (2 June 1787) http://avalon.law.yale.edu/18th_century/debates_602.asp
1780s, The Debates in the Federal Convention (1787)
Contexto: Mr. MASON. Some mode of displacing an unfit magistrate is rendered indispensable by the fallibility of those who choose, as well as by the corruptibility of the man chosen. He opposed decidedly the making the Executive the mere creature of the Legislature as a violation of the fundamental principle of good Government.
Mr. MADISON & Mr. WILSON observed that it would leave an equality of agency in the small with the great States; that it would enable a minority of the people to prevent ye. removal of an officer who had rendered himself justly criminal in the eyes of a majority; that it would open a door for intrigues agst. him in States where his administration tho' just might be unpopular, and might tempt him to pay court to particular States whose leading partizans he might fear, or wish to engage as his partizans. They both thought it bad policy to introduce such a mixture of the State authorities, where their agency could be otherwise supplied.
Mr. DICKENSON considered the business as so important that no man ought to be silent or reserved. He went into a discourse of some length, the sum of which was, that the Legislative, Executive, & Judiciary departments ought to be made as independent. as possible; but that such an Executive as some seemed to have in contemplation was not consistent with a republic: that a firm Executive could only exist in a limited monarchy.

„It would certainly be more consonant to the principles of liberty which ought never to be lost sight of in a contest for liberty…“

—  James Madison

Letter to Joseph Jones (28 November 1780) https://books.google.com/books?id=-IrnXiH2lbAC&pg=PA11&dq=%22Madison%22+%22coveting+that+liberty+for+which+we+have+paid%22&hl=en&sa=X&ved=0CCYQ6AEwAGoVChMI_ab6o9vWxwIVCmg-Ch1jIgiE#v=onepage&q=%22Madison%22%20%22coveting%20that%20liberty%20for%20which%20we%20have%20paid%22&f=false <!--https://books.google.com/books?id=zkRKqnxjbAoC&pg=PA199&dq=%22liberate+and+make+soldiers+at+once+of%22&hl=en&sa=X&ved=0CC4Q6AEwA2oVChMIyeyr5cPRxwIVDDU-Ch2IxQjN#v=onepage&q=%22liberate%20and%20make%20soldiers%20at%20once%20of%22&f=false-->
1780s
Contexto: Would it not be as well to liberate and make soldiers at once of the blacks themselves, as to make them instruments for enlisting white soldiers? It would certainly be more consonant to the principles of liberty which ought never to be lost sight of in a contest for liberty...

„Your anticipations with regard to the slavery among us were the natural offspring of your just principles and laudable sympathies; but I am sorry to say that the occasion which led to them proved to be little fitted for the slightest interposition on that subject.“

—  James Madison

Letter to Lafayette (1 February 1830), published in Letters and Other Writings of James Madison (1867), Vol. IV, p. 60 https://books.google.com/books?id=ugpFAQAAMAAJ&pg=PA60#v=twopage&q&f=false<!-- also quoted in The Last of the Fathers: James Madison and the Republican Legacy (1989), by Drew R. McCoy, Cambridge University Press, p. 252 -->
1830s
Contexto: Your anticipations with regard to the slavery among us were the natural offspring of your just principles and laudable sympathies; but I am sorry to say that the occasion which led to them proved to be little fitted for the slightest interposition on that subject. A sensibility, morbid in the highest degree, was never more awakened among those who have the largest stake in that species of interest, and the most violent against any governmental movement in relation to it. The excitability at the moment, happened, also, to be not a little augmented by party questions between the South and the North, and the efforts used to make the circumstance common to the former a sympathetic bond of co-operation. I scarcely express myself too strongly in saying, that any allusion in the Convention to the subject you have so much at heart would have been a spark to a mass of gunpowder. It is certain, nevertheless, that time, the “great Innovator,” is not idle in its salutary preparations. The Colonization Society are becoming more and more one of its agents. Outlets for the freed blacks are alone wanted for a rapid erasure of the blot from our Republican character.

„The United States, having been the first to abolish within the extent of their authority the transportation of the natives of Africa into slavery, by prohibiting the introduction of slaves and by punishing their citizens participating in the traffic, can not but be gratified at the progress made by concurrent efforts of other nations toward a general suppression of so great an evil.“

—  James Madison

They must feel at the same time the greater solicitude to give the fullest efficacy to their own regulations. With that view, the interposition of Congress appears to be required by the violations and evasions which it is suggested are chargeable on unworthy citizens who mingle in the slave trade under foreign flags and with foreign ports, and by collusive importations of slaves into the United States through adjoining ports and territories. I present the subject to Congress with a full assurance of their disposition to apply all the remedy which can be afforded by an amendment of the law. The regulations which were intended to guard against abuses of a kindred character in the trade between the several States ought also to be rendered more effectual for their humane object.
James Madison's Eighth State of the Union Address (3 December 1816)
1810s

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„Mr. MADISON considered the popular election of one branch of the National Legislature as essential to every plan of free Government.“

—  James Madison

Madison's notes (31 May 1787) http://avalon.law.yale.edu/18th_century/debates_531.asp
1780s, The Debates in the Federal Convention (1787)
Contexto: Mr. MADISON considered the popular election of one branch of the National Legislature as essential to every plan of free Government. He observed that in some of the States one branch of the Legislature was composed of men already removed from the people by an intervening body of electors. That if the first branch of the general legislature should be elected by the State Legislatures, the second branch elected by the first-the Executive by the second together with the first; and other appointments again made for subordinate purposes by the Executive, the people would be lost sight of altogether; and the necessary sympathy between them and their rulers and officers, too little felt. He was an advocate for the policy of refining the popular appointments by successive filtrations, but though it might be pushed too far. He wished the expedient to be resorted to only in the appointment of the second branch of the Legislature, and in the Executive & judiciary branches of the Government. He thought too that the great fabric to be raised would be more stable and durable, if it should rest on the solid foundation of the people themselves, than if it should stand merely on the pillars of the Legislatures.

„With respect to the words "general welfare," I have always regarded them as qualified by the detail of powers connected with them.“

—  James Madison

Letter to James Robertson (20 April 1831)
1830s
Contexto: With respect to the words "general welfare," I have always regarded them as qualified by the detail of powers connected with them. To take them in a literal and unlimited sense would be a metamorphosis of the Constitution into a character which there is a host of proofs was not contemplated by its creators. If the words obtained so readily a place in the "Articles of Confederation," and received so little notice in their admission into the present Constitution, and retained for so long a time a silent place in both, the fairest explanation is, that the words, in the alternative of meaning nothing or meaning everything, had the former meaning taken for granted.

„Attempts to enforce by legal sanctions, acts obnoxious to so great a proportion of Citizens, tend to enervate the laws in general, and to slacken the bands of Society. If it be difficult to execute any law which is not generally deemed necessary or salutary, what must be the case, where it is deemed invalid and dangerous?“

—  James Madison

§ 13
1780s, Memorial and Remonstrance Against Religious Assessments (1785)
Contexto: Attempts to enforce by legal sanctions, acts obnoxious to so great a proportion of Citizens, tend to enervate the laws in general, and to slacken the bands of Society. If it be difficult to execute any law which is not generally deemed necessary or salutary, what must be the case, where it is deemed invalid and dangerous? And what may be the effect of so striking an example of impotency in the Government, on its general authority?

„I do not expect to get near the worth of him; but cannot think of punishing him by transportation merely for coveting that liberty for which we have paid the prices of so much blood, and have proclaimed so often to be the right, and worthy the pursuit of every human being“

—  James Madison

Letter to James Madison, Sr. (8 September 1783) https://books.google.com/books?id=-IrnXiH2lbAC&pg=PA11&dq=%22Madison%22+%22coveting+that+liberty+for+which+we+have+paid%22&hl=en&sa=X&ved=0CCYQ6AEwAGoVChMI_ab6o9vWxwIVCmg-Ch1jIgiE#v=onepage&q=%22Madison%22%20%22coveting%20that%20liberty%20for%20which%20we%20have%20paid%22&f=false
1780s
Contexto: On a view of all circumstances I have judged it most prudent not to force Billey back to Virginia even if it could be done; and have accordingly taken measures for his final separation from me. I am persuaded his mind is too thoroughly tainted to be a fit companion for fellow slaves in Virginia. The laws here do not admit of his being sold for more than 7 years. I do not expect to get near the worth of him; but cannot think of punishing him by transportation merely for coveting that liberty for which we have paid the prices of so much blood, and have proclaimed so often to be the right, and worthy the pursuit of every human being.

„But what is Government itself, but the greatest of all reflections on human nature?“

—  James Madison

Federalist No. 51 (6 February 1788)
1780s, Federalist Papers (1787–1788)
Contexto: The interest of the man must be connected with the constitutional rights of the place. It may be a reflection on human nature, that such devices should be necessary to control the abuses of Government. But what is Government itself, but the greatest of all reflections on human nature?

„Wherever the real power in a Government lies, there is the danger of oppression.“

—  James Madison

Letter to Thomas Jefferson (17 October 1788) http://oll.libertyfund.org/?option=com_staticxt&staticfile=show.php%3Ftitle=1937&chapter=118854&layout=html&Itemid=27, as quoted in James Madison : The Writings, 1787-1790 http://oll.libertyfund.org/index.php?option=com_staticxt&staticfile=show.php%3Ftitle=1937&Itemid=27 Vol. 5 (1904)]
1780s
Contexto: Wherever the real power in a Government lies, there is the danger of oppression. In our Governments, the real power lies in the majority of the Community, and the invasion of private rights is chiefly to be apprehended, not from the acts of Government contrary to the sense of its constituents, but from acts in which the Government is the mere instrument of the major number of the constituents.

„The man who is possessed of wealth, who lolls on his sofa or rolls in his carriage, cannot judge the wants or feelings of the day-laborer. The government we mean to erect is intended to last for ages.“

—  James Madison

Statement (26 June 1787) as quoted in Notes of the Secret Debates of the Federal Convention of 1787 http://avalon.law.yale.edu/18th_century/yates.asp by Robert Yates
1780s
Contexto: The man who is possessed of wealth, who lolls on his sofa or rolls in his carriage, cannot judge the wants or feelings of the day-laborer. The government we mean to erect is intended to last for ages. The landed interest, at present, is prevalent; but in process of time, when we approximate to the states and kingdoms of Europe, — when the number of landholders shall be comparatively small, through the various means of trade and manufactures, will not the landed interest be overbalanced in future elections, and unless wisely provided against, what will become of your government? In England, at this day, if elections were open to all classes of people, the property of landed proprietors would be insecure. An agrarian law would soon take place. If these observations be just, our government ought to secure the permanent interests of the country against innovation. Landholders ought to have a share in the government, to support these invaluable interests, and to balance and check the other. They ought to be so constituted as to protect the minority of the opulent against the majority. The senate, therefore, ought to be this body; and to answer these purposes, they ought to have permanency and stability.

„Landholders ought to have a share in the government, to support these invaluable interests, and to balance and check the other. They ought to be so constituted as to protect the minority of the opulent against the majority.“

—  James Madison

Statement (26 June 1787) as quoted in Notes of the Secret Debates of the Federal Convention of 1787 http://avalon.law.yale.edu/18th_century/yates.asp by Robert Yates
1780s
Contexto: The man who is possessed of wealth, who lolls on his sofa or rolls in his carriage, cannot judge the wants or feelings of the day-laborer. The government we mean to erect is intended to last for ages. The landed interest, at present, is prevalent; but in process of time, when we approximate to the states and kingdoms of Europe, — when the number of landholders shall be comparatively small, through the various means of trade and manufactures, will not the landed interest be overbalanced in future elections, and unless wisely provided against, what will become of your government? In England, at this day, if elections were open to all classes of people, the property of landed proprietors would be insecure. An agrarian law would soon take place. If these observations be just, our government ought to secure the permanent interests of the country against innovation. Landholders ought to have a share in the government, to support these invaluable interests, and to balance and check the other. They ought to be so constituted as to protect the minority of the opulent against the majority. The senate, therefore, ought to be this body; and to answer these purposes, they ought to have permanency and stability.

„Conscience is the most sacred of all property“

—  James Madison

"Property" in The National Gazette (29 March 1792)
1790s
Contexto: Conscience is the most sacred of all property; other property depending in part on positive law, the exercise of that being a natural and unalienable right. To guard a man's house as his castle, to pay public and enforce private debts with the most exact faith, can give no title to invade a man's conscience, which is more sacred than his castle, or to withhold from it that debt of protection for which the public faith is pledged by the very nature and original conditions of the social pact.

„In short, every thing, from the highest object of State legislation, down to the most minute object of police, would be thrown under the power of Congress; for every object I have mentioned would admit the application of money, and might be called, if Congress pleased, provisions for the general welfare.“

—  James Madison

Remarks on the House floor, in debates on Cod Fishery bill (February 1792) http://books.google.com/books?id=DmkFAAAAQAAJ&pg=PA363&dq=%22they+may+take+into+their+own+hands+the+education%22&hl=en&ei=3lGmTpvpEcOftweb7YQg&sa=X&oi=book_result&ct=result&resnum=3&ved=0CDcQ6AEwAg#v=onepage&q=%22they%20may%20take%20into%20their%20own%20hands%20the%20education%22&f=false
1790s
Contexto: If Congress can apply money indefinitely to the general welfare, and are the sole and supreme judges of the general welfare, they may take the care of religion into their own hands; they may establish teachers in every State, county, and parish, and pay them out of the public Treasury; they may take into their own hands the education of children, establishing in like manner schools throughout the Union; they may undertake the regulation of all roads other than post roads. In short, every thing, from the highest object of State legislation, down to the most minute object of police, would be thrown under the power of Congress; for every object I have mentioned would admit the application of money, and might be called, if Congress pleased, provisions for the general welfare.

„Lorem ipsum dolor sit amet, consectetuer adipiscing elit. Etiam egestas wisi a erat. Morbi imperdiet, mauris ac auctor dictum.“

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