Tiger72 –
Though it's interesting conjecture that Madison may have considered
Monroe for appointment as a justice to the U.S. Supreme Court,
information available on the Internet doesn't support it. This would
seem to be a great thesis, if you could find support in the papers of
Madison, Monroe - - or their mutual friend, Thomas Jefferson.
Here's how I've organized this answer:
1. The Supreme Court in 1811
2. Madison and Monroe face the impending War of 1812
3. Further research
THE SUPREME COURT IN 1811
--------------------------
During his 8-year term as president, James Madison had the opportunity
to appoint his first associate justice to the Supreme Court at the
beginning of 1811, following the death of one of George Washington's
original appointees, William Cushing.
The role of the U.S. Supreme Court in the new country was still being
worked out. Federalists had tried to chop the power of the court with
the Judiciary Act of 1801; John Marshall's court had affirmed the
right to review Congressional laws for legality in Marbury v. Madison
(1803). Inasmuch as duties required only a few months in Washington,
DC, the justices also served on circuit courts during the year.
Annual pay was $3,500 but talented lawyers could earn far more in
private practice.
In addition, with the death of Cushing the 7-member court was evenly
split between Madison's Republicans and the three Federalists
(Marshall, Chase and Bushrod). The opportunities to influence the
future of the court were so obvious that Thomas Jefferson wrote to
Madison, "The death of Cushing gives an opportunity of closing the
reformation, by a successor of unquestionable republican principles."
Age and failing eyesight caused Levi Lincoln, a former attorney
general,
to refuse to serve, Madison still nominated him and his appointment
was approved by the Senate in January, 1811. Lincoln declined,
becoming the first justice to be approved by the Senate but never
serve.
Alexander Wolcott, a Republican customs collector from Connecticut,
was nominated in February, but rejected by the Senate as unqualified.
Later that month, Madison put up the name of John Quincy Adams, who
was then minister to Russia, and Adams declined.
It would be November before Madison was able to settle on Joseph
Story, who at 32 is the youngest justice ever to serve. And in June,
1811, Madison had a 2nd Supreme Court position to fill when Samuel
Chase died. Chase's position would also be filled in November, with
the appointment of Gabriel Duvall, the first Comptroller of the
Treasury.
IF there were any time that Madison considered James Monroe for the
court, it would have been during this period, even though Monroe was
never formally proposed.
Madison's own correspondence would be the first place to look; the
second would be in letters from Thomas Jefferson. As the quotation
above indicates, Jefferson continued to be highly influential with
President Madison. And Jefferson's closest friendships were with his
fellow Virginians, James Madison and James Monroe.
Supreme Court Historical Society
"Court Nominations and Presidential Cronyism" Merlo Pusey (1981)
http://www.supremecourthistory.org/myweb/81journal/pusey81.htm
Supreme Court Historical Society
"Appointees Chart" (Feb. 7, 2001)
http://www.supremecourthistory.org/myweb/fp/courtlist.htm
MADISON AND MONROE
-------------------
James Monroe was very busy during the year of 1811 and too valuable to
Madison for placement on the court.
Monroe had been elected Governor of Virginia in 1811 and had served
but two months when Madison asked him to become Secretary of State.
His appointment came April 2, 1811.
There were reasons of domestic diplomacy behind the move: Madison was
having trouble with the 'War Hawks' in Congress who were pushing for a
declaration of war with England. James Monroe was known for his
ability to work out political solutions and was a supporter of
Calhoun-Clay-Johnson in seeking war with England.
Monroe also had a strong background in the developing dispute that
became the War of 1812. In 1805 he had been sent by President
Jefferson to London to negotiate trade agreements with England,
necessary because of war between France and England. The English had
passed the "Orders in Council" requiring U.S. ships in commerce with
Europe to stop in English ports first. Napoleon responded by having
it declared illegal to trade with any ships that had stopped in
English ports.
The United States was interested in complete freedom of trade, but
also in seeing the British practice of impressments ending.
Impressments were the practice under which the English navy would
force American sailors into service on English ships. England
continued to insist that American sailors were still British citizens
because they had been born under the Crown. The treaty was concluded
in December 1806, though it didn't prevent the impressments that would
continue to foster sentiment for war in the U.S.
Monroe and Madison had worked closely together during the Continental
Congress but two things led to a fallout in their relationship.
First, then-secretary-of-state Madison was offended by some messages
from Monroe, who served as Minister to France at the end of
Jefferson's administration. Then when back in the United States,
Monroe made a pass at running for president in 1808. He lost handily
to James Madison, who was Thomas Jefferson's handpicked candidate. It
led to a falling out between Monroe and Madison, who had corresponded
so confidentially during the Continental Congress that they used coded
messages. And in the days after independence, they were joint
investors in land.
James Madison University
"James Madison and James Monroe," John N. Pearce (Sept. 25, 1991)
http://www.jmu.edu/madison/madisonmonroe.htm
But in 1811, with domestic political troubles and an international
situation developing for war, Thomas Jefferson interceded in the
misunderstandings between the two Virginians and convinced Madison to
get Monroe into his cabinet. Eventually, during the War of 1812,
Monroe held the posts of both Secretary of State and Secretary of War.
There are two other reasons to believe that Monroe would have
expressed no interest in serving on the Supreme Court. He showed
repeated ambitions to obtain a military command during the War of
1812, according to the Dictionary of American Biography's profile of
Monroe. By the end of the war and of Madison's 2nd term, Monroe's
ambitions became presidential. So it's doubtful that Monroe would
have entertained any discussion of a court position, even before the
conflict began in 1812.
Only a desire by Madison to get James Monroe out of a role of direct
political activity would have led to consideration of Monroe as a
court justice. And Monroe was too valuable to him as an active
participant in national politics.
FURTHER RESEARCH
-----------------
** JAMES MADISON **
The papers of James Madison have been collected and published by both
the University of Chicago Press and the University of Virginia Press.
They are collected by year, so the Presidential series is likely to be
most valuable in looking at whether or not Monroe ever gets serious
consideration for the high court:
University of Virginia
"The Papers of James Madison"
http://www.virginia.edu/pjm/
The recently-issued biography of Madison:
"James Madison," Garry Wills, Times Press, 2002
"James Madison," Irving Brant (6 volumes, 1941-1961), Indianapolis
"The Republic of Letters: The Correspondence Between Thomas Jefferson
and James Madison 1776-1826," James Smith (editor), W.W. Norton, 1995
The University of Virginia has this bibliography that you may also
find useful:
"Papers of James Madison"
http://www.virginia.edu/pjm/bibliog.html
Some online resources include:
Grolier Encyclopedia – The American Presidency
"James Madison" (2000)
http://gi.grolier.com/presidents/ea/bios/04pmadi.html
I also used the Thomson-Gale bibliography of James Madison, available
via many public libraries online:
Dictionary of American Biography Base Set. American Council of Learned
Societies, 1928-1936.
** JAMES MONROE **
John Pearce's article (referenced above) notes that both Monroe and
his wife "followed an eighteenth century tradition in destroying most
of their personal papers."
Nonetheless here is what has been published:
"Calendar of the Correspondence of James Monroe," Department of State,
1893
"Papers of James Monroe," Library of Congress, 1904
"The Writings of James Monroe," S.M. Hamilton, GP Putnam's Sons,
1898-1903
College of William & Mary
"James Monroe Manuscripts"
http://www.swem.wm.edu/spcoll/Monroe/monroemain.htm
The most-recent bibliography, which is well-regarded, is:
"James Monroe: The Quest for National Identity," Harry Ammon,
University of Virginia Press, 1990
Online information that covers Monroe at a more cursory level
includes:
Grolier Encyclopedia – The American Presidency
"James Monroe" (2000)
http://gi.grolier.com/presidents/ea/bios/05pmonr.html
"James Madison." Encyclopedia of World Biography, 2nd ed. 17 Vols.
Gale Research, 1998.
Reproduced in Biography Resource Center. Farmington Hills, Mich.: The
Gale Group. 2003. http://www.galenet.com/servlet/BioRC
** THOMAS JEFFERSON **
The Library of Congress has the largest collection of Jefferson's
correspondence and papers:
"Thomas Jefferson Papers"
http://memory.loc.gov/ammem/mtjhtml/mtjhome.html
Google search strategy:
"James Madison" + "James Monroe"
"James Madison" + "James Monroe" + "Supreme Court"
"Levi Lincoln" + "Joseph Story" + "Supreme Court" + 1811
If any part of this is unclear, please let me know before rating this
answer.
Best regards,
Omnivorous-GA |
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