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James Madison

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Besides the danger of a direct mixture of religion and civil government, there is an evil which ought to be guarded against in the indefinite accumulation of property from the capacity of holding it in perpetuity by ecclesiastical corporations. The establishment of the chaplainship in Congress is a palpable violation of equal rights as well as of Constitutional principles. The danger of silent accumulations and encroachments by ecclesiastical bodies has not sufficiently engaged attention in the U.S.
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"Monopolies, Perpetuities, Corporations, Ecclesiastical Endowments" an essay probably written sometime between 1817 and 1832. It has sometimes been incorrectly portrayed as having been uncompleted notes written sometime around 1789 while opposing the bill to establish the office of Congressional Chaplain. It was first published as "Aspects of Monopoly One Hundred Years Ago" in 1914 by Harper's Magazine and later in "Madison's Detached Memoranda" by Elizabeth Fleet in William and Mary Quarterly (1946). More information on this essay is available in "James Madison and Tax-Supported Chaplains" by Chris Rodda

 
James Madison

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The Civil Rights Act of 1964 gave the federal government unprecedented power over the hiring, employee relations, and customer service practices of every business in the country. The result was a massive violation of the rights of private property and contract, which are the bedrocks of free society. The federal government has no legitimate authority to infringe on the rights of private property owners to use their property as they please and to form (or not form) contracts with terms mutually agreeable to all parties.
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In the administration of justice, there are three distinct and privileged jurisdictions, known as fueros: the eclesiástico, which provides that no member of the clergy, at least of the rank of curate and upwards, shall ever be arraigned before a civil tribunal, but shall be tried by their superiors in the order; the militar, which makes a similar provision in favor not only of commissioned officers, but of every common soldier from the ranks; and the civil or ordinary courts, for all cases in which the defendants are laymen. These fueros have hitherto maintained the ecclesiastical and military classes in perfect independence of the civil authorities. The civil, in fact, remains in some degree subordinate to the other two fueros; for it can, under no circumstances, have any jurisdiction whatever over them; while the lay plaintiff, in the privileged tribunals of these, may, if unsuccessful, have judgment entered up against him: a consequence that can never follow the suits of the ecclesiastical or military orders before the civil tribunals. The judgments of the latter, in such cases, would be void. It is no wonder, then, that the cause of freedom in Mexico has made so little progress.

 
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It is from a strange mixture of tyranny and cowardice that exclusions have been set up and continued. The boldness to do wrong at first, changes afterwards into cowardly craft, and at last into fear. The Representatives in England appear now to act as if they were afraid to do right, even in part, lest it should awaken the nation to a sense of all the wrongs it has endured. This case serves to shew that the same conduct that best constitutes the safety of an individual, namely, a strict adherence to principle, constitutes also the safety of a Government, and that without it safety is but an empty name. When the rich plunder the poor of his rights, it becomes an example of the poor to plunder the rich of his property, for the rights of the one are as much property to him as wealth is property to the other and the little all is as dear as the much. It is only by setting out on just principles that men are trained to be just to each other; and it will always be found, that when the rich protect the rights of the poor, the poor will protect the property of the rich. But the guarantee, to be effectual, must be parliamentarily reciprocal.

 
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