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James Madison Memorial Fellowship Foundation Summer Institute 2012

Introduction

This Reading List was created by the James Madison Memorial Fellowship Foundation for the 2012 Summer Institute: Foundations of American Constitutionalism (History 520-10.) . These readings are provided in hard-copy text and/or the Course Packet to all Institute participants. Readings which are not available at the OLL (but accessible from other on-line sites noted below) are the following:

1. Jonathan Mayhew, A Discourse concerning Unlimited Submission and Non-Resistance to the Higher Powers: With some Reflections on the Resistance made to King Charles I. And on the Anniversary of his Death: In which the Mysterious Doctrine of that Prince’s Saintship and Martyrdom is Unriddled (1750). This should be read after Vindiciae and before Boucher. Please read pgs. 9-40. Also available online at DigitalCommons@University of Nebraska - Lincoln. Electronic Texts in American Studies. In PDF here.

2. Benjamin Rush, Address to the People of the United States (American Museum, Philadelphia, January 1787). This should be read after Hamilton’s letter to Duane. *Online at TeachingAmericanHistory.org here.

James Madison (1751-1836).

Other OLL Resources of Interest

• Works by James Madison - especially a 9 vol. collection of his Writings (1900)
• James Madison Reading List (Bill of Rights Institute)
• Reading List: The Political Thought of James Madison
• School of Thought: The Founding Fathers
• Key Documents of Liberty (17thC England)
• Key Documents of Liberty (17thC North America)
• Key Documents of Liberty (Interpreting the American Revolution)
• Key Documents of Liberty (The American revolution)
• Key Documents of Liberty (Writing the American Revolution)
• Table of Contents of The Founders’ Constitution

• Blackstone’s Commentaries, “Of the Laws of England”

  Sir William Blackstone, Commentaries on the Laws of England in Four Books. Notes selected from the editions of Archibold, Christian, Coleridge, Chitty, Stewart, Kerr, and others, Barron Field’s Analysis, and Additional Notes, and a Life of the Author by George Sharswood. In Two Volumes. (Philadelphia: J.B. Lippincott Co., 1893). Vol. 1 - Books I & II. Chapter: SECTION III.: OF THE LAWS OF ENGLAND.

  Accessed from oll.libertyfund.org/title/2140/198647 on 2011-01-18

  The text is in the public domain.

• Bible: Romans 13: 1-7

  Please scroll down to Chapter 13.

  The Parallel Bible. The Holy Bible containing the Old and New Testaments translated out of the Original Tongues: being the Authorised Version arranged in parallel columns with the Revised Version (Oxford University Press, 1885). Chapter: THE EPISTLE OF PAUL THE APOSTLE TO THE ROMANS.

  Accessed from oll.libertyfund.org/title/2364/223200 on 2011-01-18

  The text is in the public domain.

• Bible: Acts 5: 29

  Please scroll down to Chapter 5, Verse 29.

  The Parallel Bible. The Holy Bible containing the Old and New Testaments translated out of the Original Tongues: being the Authorised Version arranged in parallel columns with the Revised Version (Oxford University Press, 1885). Chapter: THE ACTS OF THE APOSTLES.

  Accessed from oll.libertyfund.org/title/2364/223171 on 2011-01-18

  The text is in the public domain.

• Burke, “Speech on Concilliation with the Colonies”

  Please scroll through the document to find Note 178. Begin reading 5 lines down at “In this character of the Americans… “

  Continue reading through “for which our ancestors have shed their blood”

  Edmund Burke, Select Works of Edmund Burke. A New Imprint of the Payne Edition. Foreword and Biographical Note by Francis Canavan (Indianapolis: Liberty Fund, 1999). Vol. 1. Chapter: Speech of Edmund Burke, Esq., on Moving His Resolutions for Conciliation with the Colonies

  Accessed from oll.libertyfund.org/title/796/20357 on 2011-01-18

  The copyright to this edition, in both print and electronic forms, is held by Liberty Fund, Inc.

• Locke, Second Treatise of Civil Government, Section 4-15

  John Locke, The Works of John Locke in Nine Volumes, (London: Rivington, 1824 12th ed.). Vol. 4. Chapter: CHAPTER II.: Of the state of nature.

  Accessed from oll.libertyfund.org/title/763/65394 on 2011-01-18

  The text is in the public domain.

• Locke, Second Treatise, Section 54

  John Locke, The Works of John Locke in Nine Volumes, (London: Rivington, 1824 12th ed.). Vol. 4. Chapter: CHAPTER VI.: Of paternal power.

  Accessed from oll.libertyfund.org/title/763/65450 on 2011-01-18

  The text is in the public domain.

• Locke, Second Treatise, Sections 119-22

  John Locke, The Works of John Locke in Nine Volumes, (London: Rivington, 1824 12th ed.). Vol. 4. Chapter: CHAPTER VIII.: Of the beginning of political societies.

  Accessed from oll.libertyfund.org/title/763/65497 on 2011-01-18

  The text is in the public domain.

• Locke, Second Treatise, Section 163

  John Locke, The Works of John Locke in Nine Volumes, (London: Rivington, 1824 12th ed.). Vol. 4. Chapter: CHAPTER XIV.: Of prerogative.

  Accessed from oll.libertyfund.org/title/763/65573 on 2012-03-07

  The text is in the public domain.

• Montesquieu, Spirit of the Laws

  Charles Louis de Secondat, Baron de Montesquieu, The Complete Works of M. de Montesquieu (London: T. Evans, 1777), 4 vols. Vol. 1. Chapter: CHAP. II.: Of the republican Government, and the Laws relative to Democracy.

  Accessed from oll.libertyfund.org/title/837/71108 on 2011-01-18

  The text is in the public domain.

• David Hume, “Of the Original Contract”

  Please scroll down and begin reading at Paragraph 4: “When we consider… ” The assigned reading concludes just before the paragraph beginning “What necessity, therefore, is found… “

  David Hume, Essays Moral, Political, Literary, edited and with a Foreword, Notes, and Glossary by Eugene F. Miller, with an appendix of variant readings from the 1889 edition by T.H. Green and T.H. Grose, revised edition (Indianapolis: Liberty Fund 1987). Chapter: ESSAY XII: OF THE ORIGINAL CONTRACT

  Accessed from oll.libertyfund.org/title/704/137548 on 2011-01-18

  The copyright to this edition, in both print and electronic forms, is held by Liberty Fund, Inc.

• Burgh, Political Disquistions

  The link will re-direct you to the Founders’ Constitution site. Please scroll down to Section 2 (“Popular Basis of Authority), Document 6

  Source: The Founders’ Constitution, edited by Philip B. Kurland and Ralph Lerner (Indianapolis: Liberty Fund, 2001), 5 vols.

  Accessed from oll.libertyfund.org/index.php?option=com_content&task=view&id=1094&Itemid=332 on 2011/0/4

• Witherspoon, “Sermon: Dominion of Providence”

  Ellis Sandoz, Political Sermons of the American Founding Era: 1730-1805, 2 vols, Foreword by Ellis Sandoz (2nd ed. Indianapolis: Liberty Fund, 1998). Vol. 1. Chapter: 17: John Witherspoon, THE DOMINION OF PROVIDENCE OVER THE PASSIONS OF MEN

  Accessed from oll.libertyfund.org/title/816/69270 on 2011-01-18

  The copyright to this edition, in both print and electronic forms, is held by Liberty Fund, Inc.

• West, “On the Right to Rebel Against Government”

  Charles S. Hyneman, American Political Writing During the Founding Era: 1760-1805, ed. Charles S. Hyneman and Donald Lutz (Indianapolis: Liberty Fund, 1983). 2 vols. Volume 1. Chapter: [33]: Samuel West 1730-1807: On the Right to Rebel Against Governors ( Election Day Sermon )

  Accessed from oll.libertyfund.org/title/2066/188670 on 2011-01-19

  The copyright to this edition, in both print and electronic forms, is held by Liberty Fund, Inc.

• Thomas Jefferson to Thomas Nelson

  Please read the first three paragraphs.

  Thomas Jefferson, The Works of Thomas Jefferson, Federal Edition (New York and London, G.P. Putnam’s Sons, 1904-5). Vol. 2. Chapter: 1776 - to thomas nelson 1

  Accessed from oll.libertyfund.org/title/755/86056 on 2011-01-19

  The text is in the public domain.

• Alexander Hamilton letter to James Duane

  Alexander Hamilton, The Works of Alexander Hamilton, ed. Henry Cabot Lodge (Federal Edition) (New York: G.P. Putnam’s Sons, 1904). In 12 vols. Vol. 1. Chapter: THE GOVERNMENT AND THE CONSTITUTION

  Accessed from oll.libertyfund.org/title/1378/64153 on 2011-01-19

  The text is in the public domain.

• George Washington to George Mason

  George Washington, George Washington: A Collection, compiled and edited by W.B. Allen (Indianapolis: Liberty Fund, 1988). Chapter: 6: TO GEORGE MASON

  Accessed from oll.libertyfund.org/title/848/101697 on 2011-01-19

  The copyright to this edition, in both print and electronic forms, is held by Liberty Fund, Inc.

• George Washington to Bryan Fairfax

  George Washington, George Washington: A Collection, compiled and edited by W.B. Allen (Indianapolis: Liberty Fund, 1988). Chapter: 10: TO BRYAN FAIRFAX

  Accessed from oll.libertyfund.org/title/848/101705 on 2011-01-19

  The copyright to this edition, in both print and electronic forms, is held by Liberty Fund, Inc.

• George Washington to Bryan Fairfax

  George Washington, George Washington: A Collection, compiled and edited by W.B. Allen (Indianapolis: Liberty Fund, 1988). Chapter: 11: TO BRYAN FAIRFAX

  Accessed from oll.libertyfund.org/title/848/101707 on 2011-01-19

  The copyright to this edition, in both print and electronic forms, is held by Liberty Fund, Inc.

• Circular to the States

  George Washington, George Washington: A Collection, compiled and edited by W.B. Allen (Indianapolis: Liberty Fund, 1988). Chapter: 86: CIRCULAR TO THE STATES

  Accessed from oll.libertyfund.org/title/848/101874 on 2011-01-19

  The copyright to this edition, in both print and electronic forms, is held by Liberty Fund, Inc.

• Farewell Address

  George Washington, George Washington: A Collection, compiled and edited by W.B. Allen (Indianapolis: Liberty Fund, 1988). Chapter: 178: FAREWELL ADDRESS

  Accessed from oll.libertyfund.org/title/848/102077 on 2011-01-19

  The copyright to this edition, in both print and electronic forms, is held by Liberty Fund, Inc.

• The Federalist

  Summer Institute participants have received a hard copy text; these links are available should you choose to read on-line.

  First Assignment: # 43-46, 49-51, 67-73, 78-81, 84-85; Second Assignment: #1,2,4,6,9,10,14-17,22-24,29,31,37-40

  George W. Carey, The Federalist (The Gideon Edition), Edited with an Introduction, Reader’s Guide, Constitutional Cross-reference, Index, and Glossary by George W. Carey and James McClellan (Indianapolis: Liberty Fund, 2001).

  Accessed from oll.libertyfund.org/title/788 on 2011-01-19

  The copyright to this edition, in both print and electronic forms, is held by Liberty Fund, Inc.

• Letter from the Federal Farmer

  Summer Institute participants have received a hard copy text; this link is available should you choose to read on-line.

  John Dickinson, Empire and Nation: Letters from a Farmer in Pennsylvania (John Dickinson). Letters from the Federal Farmer (Richard Henry Lee), ed. Forrest McDonald (Indianapolis: Liberty Fund 1999). Chapter: letter xvi

  Accessed from oll.libertyfund.org/title/690/102320 on 2011-03-10

  The copyright to this edition, in both print and electronic forms, is held by Liberty Fund, Inc.

• Essay of Brutus

  Summer Institute participants have received a hard copy text; this link is available should you choose to read on-line.

  Lance Banning, Liberty and Order: The First American Party Struggle, ed. and with a Preface by Lance Banning (Indianapolis: Liberty Fund, 2004). Chapter: “Brutus,” Essay II 1 November 1787

  Accessed from oll.libertyfund.org/title/875/63766 on 2011-03-10

  The copyright to this edition, in both print and electronic forms, is held by Liberty Fund, Inc.

• Madison Speech in the House of Rep. June 8, 1788

  Please scroll down and begin reading at “June 8: Amendments to Constitution” and conclude reading at the end of June 8 entry.

  James Madison, The Writings of James Madison, comprising his Public Papers and his Private Correspondence, including his numerous letters and documents now for the first time printed, ed. Gaillard Hunt (New York: G.P. Putnam’s Sons, 1900). Vol. 5. Chapter: SPEECHES IN THE FIRST CONGRESS—FIRST SESSION. 1

  Accessed from oll.libertyfund.org/title/1937/118878 on 2011-01-19

  The text is in the public domain.

• Madison to Jefferson, Oct. 17, 1788

  James Madison, The Writings of James Madison, comprising his Public Papers and his Private Correspondence, including his numerous letters and documents now for the first time printed, ed. Gaillard Hunt (New York: G.P. Putnam’s Sons, 1900). Vol. 5. Chapter: TO THOMAS JEFFERSON. mad. mss.

  Accessed from oll.libertyfund.org/title/1937/118854 on 2011-03-10

  The text is in the public domain.

• Washington’s Proclamation against the Whiskey Rebellion

  Please read paragraphs 1 and 2, and the last two paragraphs.

  George Washington, George Washington: A Collection, compiled and edited by W.B. Allen (Indianapolis: Liberty Fund, 1988). Chapter: 208: PROCLAMATION

  Accessed from oll.libertyfund.org/title/848/102143 on 2012-03-07

  The copyright to this edition, in both print and electronic forms, is held by Liberty Fund, Inc.

• Hamilton in Support of Washington’s Proclamation against the Whiskey Rebellion

  Scroll down to Section III.

  Alexander Hamilton, The Works of Alexander Hamilton, ed. Henry Cabot Lodge (Federal Edition) (New York: G.P. Putnam’s Sons, 1904). In 12 vols. Vol. 6. Chapter: tully 1 To the People of the United States

  Accessed from oll.libertyfund.org/title/1383/65807 on 2012-03-07

  The text is in the public domain.

• Washington Letter to Burgess Ball 1794

  George Washington, George Washington: A Collection, compiled and edited by W.B. Allen (Indianapolis: Liberty Fund, 1988). Chapter: 210: TO BURGESS BALL

  Accessed from oll.libertyfund.org/title/848/102147 on 2011-01-20

  The copyright to this edition, in both print and electronic forms, is held by Liberty Fund, Inc.

• Jefferson letter to Madison 1794

  Begin reading at second paragraph (“The denunciation of the democratic societies…”) and conclude with “in the mind of every man… “

  Thomas Jefferson, The Works of Thomas Jefferson, Federal Edition (New York and London, G.P. Putnam’s Sons, 1904-5). Vol. 8 Chapter: TO JAMES MADISON MAD. MSS.

  Accessed from oll.libertyfund.org/title/805/87035 on 2011-01-20

  The text is in the public domain.

• Excerpts from 1798: Sedition Act of 1798

  Please read Sections 1 and 2.

  Lance Banning, Liberty and Order: The First American Party Struggle, ed. and with a Preface by Lance Banning (Indianapolis: Liberty Fund, 2004). Chapter: The Sedition Act 14 July 1798

  Accessed from oll.libertyfund.org/title/875/63976 on 2011-01-20

  The copyright to this edition, in both print and electronic forms, is held by Liberty Fund, Inc.

• Excerpts from 1798: Kentucky Resolutions

  Please read Sections 1, 3, and 8.

  Lance Banning, Liberty and Order: The First American Party Struggle, ed. and with a Preface by Lance Banning (Indianapolis: Liberty Fund, 2004). Chapter: thomas jefferson Draft of the Kentucky Resolutions October 1798

  Accessed from oll.libertyfund.org/title/875/63980 on 2011-01-20

  The copyright to this edition, in both print and electronic forms, is held by Liberty Fund, Inc.

• Excerpts from 1798: The Virginia Resolutions of 1798

  Lance Banning, Liberty and Order: The First American Party Struggle, ed. and with a Preface by Lance Banning (Indianapolis: Liberty Fund, 2004). Chapter: james madison The Virginia Resolutions 21 December 1798

  Accessed from oll.libertyfund.org/title/875/63981 on 2012-03-07

  The copyright to this edition, in both print and electronic forms, is held by Liberty Fund, Inc.