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James Madison

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

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

Citações James Madison

„Conscience is the most sacred of all property“

—  James Madison
Context: 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. "Property" in The National Gazette (29 March 1792)

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„Mr. Madison was not a little surprised to hear this implicit confidence urged by a member who, on all occasions, had inculcated so strongly the political depravity of men, and the necessity of checking one vice and interest by opposing to them another vice and interest.“

—  James Madison
Context: Two objections had been raised against leaving the adjustment of the representation, from time to time, to the discretion of the Legislature. The first was, they would be unwilling to revise it at all. The second, that, by referring to wealth, they would be bound by a rule which, if willing, they would be unable to execute. The first objection distrusts their fidelity. But if their duty, their honor, and their oaths, will not bind them, let us not put into their hands our liberty, and all our other great interests; let us have no government at all. In the second place, if these ties will bind them we need not distrust the practicability of the rule. It was followed in part by the Committee in the apportionment of Representatives yesterday reported to the House. The best course that could be taken would be to leave the interests of the people to the representatives of the people. Mr. Madison was not a little surprised to hear this implicit confidence urged by a member who, on all occasions, had inculcated so strongly the political depravity of men, and the necessity of checking one vice and interest by opposing to them another vice and interest. If the representatives of the people would be bound by the ties he had mentioned, what need was there of a Senate? What of a revisionary power? But his reasoning was not only inconsistent with his former reasoning, but with itself. At the same time that he recommended this implicit confidence to the Southern States in the Northern majority, he was still more zealous in exhorting all to a jealousy of a western majority. To reconcile the gentleman with himself, it must be imagined that he determined the human character by the points of the compass. The truth was, that all men having power ought to be distrusted, to a certain degree. The case of Pennsylvania had been mentioned, where it was admitted that those who were possessed of the power in the original settlement never admitted the new settlements to a due share of it. England was a still more striking example. Madison's notes (11 July 1787) http://avalon.law.yale.edu/18th_century/debates_711.asp<!-- Reports of Debates in the Federal Convention (11 July 1787), in The Papers of James Madison (1842), Vol. II, p. 1073 --> Variants:

„The Constitution requires an adoption in toto, and for ever.“

—  James Madison
Context: The Constitution requires an adoption in toto, and for ever. It has been so adopted by the other States. An adoption for a limited time would be as defective as an adoption of some of the articles only. In short any condition whatever must viciate the ratification. What the New Congress by virtue of the power to admit new States, may be able & disposed to do in such case, I do not enquire as I suppose that is not the material point at present. I have not a moment to add more than my fervent wishes for your success & happiness.

„The United States while they wish for war with no nation, will buy peace with none“

—  James Madison
Context: The United States while they wish for war with no nation, will buy peace with none, it being a principle incorporated into the settled policy of America, that as peace is better than war, so war is better than tribute. Message delivered to Dey Omar Agha, by Isaac Chauncey and William Shaler , summarizing the Treaty with Algiers (1815) http://avalon.law.yale.edu/19th_century/bar1815t.asp, and U.S attitudes and actions in the Barbary Wars, in refusing to pay ransom or tribute to pirates of the Barbary States, as quoted in History and Present Condition of Tripoli: With Some Accounts of the Other Barbary States http://books.google.com/books?id=YMwRAAAAYAAJ&pg=PA46 (1835) by Robert Greenhow, p. 46<!-- published by T. W. White --> A paraphrased variant of this seems to have arisen on the internet around 2007: It is … a settled policy of America, that as peace is better than war, war is better than tribute. The United States, while they wish for war with no nation, will buy peace with none.

„Our opinions agree as to the evil, moral, political, and economical, of the former“

—  James Madison
Context: I do not mean to discuss the question how far slavery and farming are incompatible. Our opinions agree as to the evil, moral, political, and economical, of the former.

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

—  James Madison
Context: 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. Federalist No. 54 http://econfaculty.gmu.edu/wew/quotes/slavery.html

„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.“

—  James Madison
Context: 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. § 1

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„Mr. MADISON observed that whatever reason might have existed for the equality of suffrage when the Union was a federal one among sovereign States, it must cease when a national Govermt. should be put into the place.“

—  James Madison
Context: Mr. MADISON observed that whatever reason might have existed for the equality of suffrage when the Union was a federal one among sovereign States, it must cease when a national Govermt. should be put into the place. In the former case, the acts of Congs. depended so much for their efficacy on the cooperation of the States, that these had a weight both within & without Congress, nearly in proportion to their extent and importance. In the latter case, as the acts of the Genl. Govt. would take effect without the intervention of the State legislatures, a vote from a small State wd. have the same efficacy & importance as a vote from a large one, and there was the same reason for different numbers of representatives from different States, as from Counties of different extents within particular States. Madison's notes (30 May 1787) http://avalon.law.yale.edu/18th_century/debates_530.asp

„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
Context: 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... 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-->

„Slavery is, as you justly complain, a sad blot on our free country“

—  James Madison
Context: Slavery is, as you justly complain, a sad blot on our free country. Letter to Lafayette (1821) https://books.google.com/books?id=Elh0sAhIVvAC&pg=PA85&dq=%22SAD+BLOT+ON+OUR+FREE+COUNTRY%22&hl=en&sa=X&ved=0CCkQ6AEwAmoVChMI47DWxfTQxwIVRFQ-Ch2fvwWA#v=onepage&q=%22SAD%20BLOT%20ON%20OUR%20FREE%20COUNTRY%22&f=false

„Respect for character is always diminished in proportion to the number among whom the blame or praise is to be divided. Conscience, the only remaining tie, is known to be inadequate in individuals: In large numbers, little is to be expected from it.“

—  James Madison
Context: In all cases where a majority are united by a common interest or passion, the rights of the minority are in danger. What motives are to restrain them? A prudent regard to the maxim that honesty is the best policy is found by experience to be as little regarded by bodies of men as by individuals. Respect for character is always diminished in proportion to the number among whom the blame or praise is to be divided. Conscience, the only remaining tie, is known to be inadequate in individuals: In large numbers, little is to be expected from it. Besides, Religion itself may become a motive to persecution & oppression. — These observations are verified by the Histories of every Country antient & modern. In Greece & Rome the rich & poor, the creditors & debtors, as well as the patricians & plebians alternately oppressed each other with equal unmercifulness. What a source of oppression was the relation between the parent cities of Rome, Athens & Carthage, & their respective provinces: the former possessing the power, & the latter being sufficiently distinguished to be separate objects of it? Why was America so justly apprehensive of Parliamentary injustice? Because G. Britain had a separate interest real or supposed, & if her authority had been admitted, could have pursued that interest at our expence. We have seen the mere distinction of colour made in the most enlightened period of time, a ground of the most oppressive dominion ever exercised by man over man. What has been the source of those unjust laws complained of among ourselves? Has it not been the real or supposed interest of the major number? Debtors have defrauded their creditors. The landed interest has borne hard on the mercantile interest. The Holders of one species of property have thrown a disproportion of taxes on the holders of another species. The lesson we are to draw from the whole is that where a majority are united by a common sentiment, and have an opportunity, the rights of the minor party become insecure. In a Republican Govt. the Majority if united have always an opportunity. The only remedy is to enlarge the sphere, & thereby divide the community into so great a number of interests & parties, that in the 1st. place a majority will not be likely at the same moment to have a common interest separate from that of the whole or of the minority; and in the 2d. place, that in case they shd. have such an interest, they may not be apt to unite in the pursuit of it. It was incumbent on us then to try this remedy, and with that view to frame a republican system on such a scale & in such a form as will controul all the evils wch. have been experienced. Madison's own notes on Madison's remarks of debate (6 June 1787) http://avalon.law.yale.edu/18th_century/debates_606.asp

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„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
Context: 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. "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

„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.“

—  James Madison
Context: 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. 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 -->

„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“

—  James Madison
Context: 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. 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

„It was incumbent on us then to try this remedy, and with that view to frame a republican system on such a scale & in such a form as will controul all the evils wch. have been experienced.“

—  James Madison
Context: In all cases where a majority are united by a common interest or passion, the rights of the minority are in danger. What motives are to restrain them? A prudent regard to the maxim that honesty is the best policy is found by experience to be as little regarded by bodies of men as by individuals. Respect for character is always diminished in proportion to the number among whom the blame or praise is to be divided. Conscience, the only remaining tie, is known to be inadequate in individuals: In large numbers, little is to be expected from it. Besides, Religion itself may become a motive to persecution & oppression. — These observations are verified by the Histories of every Country antient & modern. In Greece & Rome the rich & poor, the creditors & debtors, as well as the patricians & plebians alternately oppressed each other with equal unmercifulness. What a source of oppression was the relation between the parent cities of Rome, Athens & Carthage, & their respective provinces: the former possessing the power, & the latter being sufficiently distinguished to be separate objects of it? Why was America so justly apprehensive of Parliamentary injustice? Because G. Britain had a separate interest real or supposed, & if her authority had been admitted, could have pursued that interest at our expence. We have seen the mere distinction of colour made in the most enlightened period of time, a ground of the most oppressive dominion ever exercised by man over man. What has been the source of those unjust laws complained of among ourselves? Has it not been the real or supposed interest of the major number? Debtors have defrauded their creditors. The landed interest has borne hard on the mercantile interest. The Holders of one species of property have thrown a disproportion of taxes on the holders of another species. The lesson we are to draw from the whole is that where a majority are united by a common sentiment, and have an opportunity, the rights of the minor party become insecure. In a Republican Govt. the Majority if united have always an opportunity. The only remedy is to enlarge the sphere, & thereby divide the community into so great a number of interests & parties, that in the 1st. place a majority will not be likely at the same moment to have a common interest separate from that of the whole or of the minority; and in the 2d. place, that in case they shd. have such an interest, they may not be apt to unite in the pursuit of it. It was incumbent on us then to try this remedy, and with that view to frame a republican system on such a scale & in such a form as will controul all the evils wch. have been experienced. Madison's own notes on Madison's remarks of debate (6 June 1787) http://avalon.law.yale.edu/18th_century/debates_606.asp

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