James Madison citáty

Federalist No. 51 (6 February 1788)
1780s, Federalist Papers (1787–1788)
Kontext: 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.

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
Kontext: 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.

Though this had been cited as being from a letter objecting to the use of government land for churches in 1803 https://web.archive.org/web/20061123043628/http://www.positiveatheism.org///hist/quotes/madison.htm#PHONYMAD, as quoted in 2000 Years of Disbelief: Famous People With the Courage to Doubt (1996) edited by James A Haught, no original source for this has yet been found.
Misattributed

Madison's notes (31 May 1787)
1780s, The Debates in the Federal Convention (1787)

1780s, Letter to Alexander Hamilton (1788)
Kontext: 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.

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.
1810s
Kontext: 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.

Letter to Thomas Jefferson (2 April 1798); published in The Writings of James Madison (1906) edited by Gaillard Hunt, Vol. 6, pp. 312-14
1790s
Kontext: The constitution supposes, what the History of all Governments demonstrates, that the Executive is the branch of power most interested in war, & most prone to it. It has accordingly with studied care, vested the question of war in the Legislature. But the Doctrines lately advanced strike at the root of all these provisions, and will deposit the peace of the Country in that Department which the Constitution distrusts as most ready without cause to renounce it. For if the opinion of the President not the facts & proofs themselves are to sway the judgment of Congress, in declaring war, and if the President in the recess of Congress create a foreign mission, appoint the minister, & negociate a War Treaty, without the possibility of a check even from the Senate, untill the measures present alternatives overruling the freedom of its judgment; if again a Treaty when made obliges the Legislature to declare war contrary to its judgment, and in pursuance of the same doctrine, a law declaring war, imposes a like moral obligation, to grant the requisite supplies until it be formally repealed with the consent of the President & Senate, it is evident that the people are cheated out of the best ingredients in their Government, the safeguards of peace which is the greatest of their blessings.

1820s, Letter to F. Corbin (1820)
Kontext: 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.

Regarding using the words "slave" or "slavery" within the U.S. Constitution, in Madison's notes (25 August 1787)
Variants:
Madison, in convention, when an attempt was made to introduce the term slave into the Constitution, said: "It must not be so; because we intend this Constitution to be the great charter of human liberty to the unborn millions who shall enjoy its protection, and who should never see that such an institution as slavery has ever known in our midst."
As paraphrased or quoted in Our National Condition, and Its Remedy : A Sermon, Preached in the Pine Street Church, Boston, on Sunday, June 22, 1856 (1856) https://archive.org/details/ournationalcondi00dext by Henry Martyn Dexter
Madison said he "thought it wrong to admit in the Constitution the idea that there could be property in man. We intend this Constitution to be the great charter of human liberty to the unborn millions who may enjoy its protection, and who shall never see that such an institution was ever known in their midst.
As paraphrased or quoted in Reminiscences of James A. Hamilton: Or, Men and Events, at Home and Abroad (1869), Appendix D, Property in Man, p. 625 https://books.google.com/books?id=0uQEAAAAYAAJ&pg=PA625#v=twopage&q&f=false
1780s, The Debates in the Federal Convention (1787)
Kontext: Mr. MADISON thought it wrong to admit in the Constitution the idea that there could be property in men. The reason of duties did not hold, as slaves are not like merchandize, consumed, &c

Federalist No. 54 http://econfaculty.gmu.edu/wew/quotes/slavery.html
1780s, Federalist Papers (1787–1788)
Kontext: 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.

Letter to General Marquis de Lafayette https://archive.org/stream/jstor-2713830/2713830_djvu.txt (25 November 1820), Montpelier
1820s
Kontext: The subject which ruffles the surface of public affairs most, at present, is furnished by the transmission of the "Territory" of Missouri from a state of nonage to a maturity for self-Government, and for a membership in the Union. Among the questions involved in it, the one most immediately interesting to humanity is the question whether a toleration or prohibition of slavery Westward of the Mississippi would most extend its evils. The human part of the argument against the prohibition turns on the position, that whilst the importation of slaves from abroad is precluded, a diffusion of those in the Country tends at once to meliorate their actual condition, and to facilitate their eventual emancipation. Unfortunately, the subject, which was settled at the last session of Congress by a mutual concession of the parties, is reproduced on the arena by a clause in the Constitution of Missouri, distinguishing between free persons of colour and white persons, and providing that the Legislature of the new State shall exclude from it the former. What will be the issue of the revived discussion is yet to be seen. The ease opens the wider field, as the Constitution and laws of the different States are much at variance in the civic character giving to free persons of colour; those of most of the States, not excepting such as have abolished slavery, imposing various disqualifications, which degrade them from the rank and rights of white persons. All these perplexities develop more and more the dreadful fruitfulness of the original sin of the African trade.

§ 1
1780s, Memorial and Remonstrance Against Religious Assessments (1785)
Kontext: 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.

Madison's notes (30 May 1787) http://avalon.law.yale.edu/18th_century/debates_530.asp
1780s, The Debates in the Federal Convention (1787)
Kontext: 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.

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
Kontext: 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 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
1820s

Madison's own notes on Madison's remarks of debate (6 June 1787) http://avalon.law.yale.edu/18th_century/debates_606.asp
1780s, The Debates in the Federal Convention (1787)
Kontext: 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.

"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
Kontext: 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.

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
Kontext: 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.

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
Kontext: 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.

Madison's own notes on Madison's remarks of debate (6 June 1787) http://avalon.law.yale.edu/18th_century/debates_606.asp
1780s, The Debates in the Federal Convention (1787)
Kontext: 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 notes (2 June 1787) http://avalon.law.yale.edu/18th_century/debates_602.asp
1780s, The Debates in the Federal Convention (1787)
Kontext: 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.

Federalist No. 46
1780s, Federalist Papers (1787–1788)
Kontext: Should an unwarrantable measure of the federal government be unpopular in particular States, which would seldom fail to be the case, or even a warrantable measure be so, which may sometimes be the case, the means of opposition to it are powerful and at hand. The disquietude of the people; their repugnance and, perhaps, refusal to co-operate with the officers of the Union; the frowns of the executive magistracy of the State; the embarrassments created by legislative devices, which would often be added on such occasions, would oppose, in any State, difficulties not to be despised; would form, in a large State, very serious impediments; and where the sentiments of several adjoining States happened to be in unison, would present obstructions which the federal government would hardly be willing to encounter.

§ 8
1780s, Memorial and Remonstrance Against Religious Assessments (1785)
Kontext: What influence in fact have ecclesiastical establishments had on Civil Society? In some instances they have been seen to erect a spiritual tyranny on the ruins of the Civil authority; in many instances they have been seen upholding the thrones of political tyranny: in no instance have they been seen the guardians of the liberties of the people. Rulers who wished to subvert the public liberty, may have found an established Clergy convenient auxiliaries. A just Government instituted to secure & perpetuate it needs them not.

Letter to http://rotunda.upress.virginia.edu/founders/default.xqy?keys=JSMN-print-01-14-02-0174&mode=deref w:Edmund Pendleton (21 January 1792)
1790s
Kontext: If Congress can do whatever in their discretion can be done by money, and will promote the general welfare, the Government is no longer a limited one possessing enumerated powers, but an indefinite one subject to particular exceptions. It is to be remarked that the phrase out of which this doctrine is elaborated, is copied from the old articles of Confederation, where it was always understood as nothing more than a general caption to the specified powers, and it is a fact that it was preferred in the new instrument for that very reason as less liable than any other to misconstruction.

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
Kontext: 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.

"Property" in The National Gazette (29 March 1792)
1790s
Kontext: 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.

Madison's own notes on Madison's remarks of debate (6 June 1787) http://avalon.law.yale.edu/18th_century/debates_606.asp
1780s, The Debates in the Federal Convention (1787)
Kontext: 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.

§ 1
1780s, Memorial and Remonstrance Against Religious Assessments (1785)
Kontext: 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.

Madison's own notes on Madison's remarks of debate (6 June 1787) http://avalon.law.yale.edu/18th_century/debates_606.asp
1780s, The Debates in the Federal Convention (1787)
Kontext: 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.