Dear Kevin R Hardwick and Brent Tarter,

Thank you both for your replies to my query, each mentioning the Josiah 
Philips matter. I found a full discussion of that matter in Daniel D. 
Blinka, "Jefferson and Juries: The Problem of Law, Reason, and Politics 
in the New Republic", 47 Am. J. Legal Hist. 35 (2005). That article was 
very helpful to me when I was writing a paper on the introduction of 
jury sentencing in Virginia (available via the hyperlink in my signature 
panel below, if you should have any interest).

As I said in my earlier reply to John Ragosta, I imagine that Madison 
wouldn't have regarded a proposed law that wasn't enacted as a violation 
of the Declaration, but rather as an attempted violation.

As to the context of Madison's comment, I found here the entire letter 
to Jefferson in which Madison made it: 
https://founders.archives.gov/documents/Madison/01-11-02-0218.

Thank you both again,

Leslie Katz




-- 

Leslie Katz

email: lesliek [at] mymts [dot] net

Please visit http://ssrn.com/author=1164057 to find hyperlinks

to papers that I’ve written on literary and legal topics

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