In my remarks today in Tucson on my book, The Indispensable Right: Free Speech in an Age of Rage, I discussed the material on Madison and his powerful defense of free speech in 1800.
James Madison and Jefferson were appalled by the attack on free speech and even used code in letters to protect their own communications. Madison referred to these prosecutions as the “monster” that dwells within our legal system, emerging during times of fear or anger.
Jefferson would ultimately pardon those convicted under Adams. Yet, he would also yield to that “monster” in using the criminal system to target his own critics, though to a lesser extent as his predecessor.
We ordinarily celebrate with a traditional Virginia dinner (with the required Virginia ham), a three-layer cake, and Madison’s favorite dessert of ice cream (I recommend the tripartite Neapolitan).
James Madison, Jr. was born on March 16, 1751 at the Belle Gove Plantation in the colony of Virginia to James Madison Sr. and Nelly Conway Madison.
Despite being only 5’4” and barely above 100 pounds, Madison proved to be an intellectual giant who shaped constitutional theory for generations.
While critics would call him “Little Jemmy,” Jemmy was a nickname used for Madison by others.
As a Madisonian scholar, today is a day of great celebration for the man who is most responsible for our constitutional system, not to mention the Bill of Rights and our 4th President. He was a brilliant writer whose contributions to The Federalist Papers still remain required reading for lawyers and laypersons alike, particularly Federalist No. 10 (on factions) and Federalist 51 (on the separation of powers).
Madison died of congestive heart failure at Montpelier on the morning of June 28, 1836. He was 85 — an advanced age for the time. My favorite story from his death came from his niece who asked him, “What is the matter, Uncle James?” Madison simply responded “Nothing more than a change of mind, my dear.” He then promptly passed.
So enjoy the day and celebrate in true Madisonian fashion. There is no need to be moderate. Madison understood our failings and inclinations. After all, “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.” Just keep your friends checked and balanced.
As always, while I expect Dolley would not be thrilled, here is our annual sultry send off for James Madison at 274 years young today:
Happy Birthday, Jemmy.