Memoir, Correspondence, and Miscellanies, From the Papers of Thomas Jefferson, Volume 3Jefferson, Thomas
History
Memoir, Correspondence, and Miscellanies, From the Papers of Thomas Jefferson, Volume 3
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
On similar ground it may be proved, that no society can make a perpetual
constitution, or even a perpetual law. The earth belongs always to the
living generation: they may manage it, then, and what proceeds from it,
as they please, during their usufruct. They are masters, too, of their
own persons, and consequently may govern them as they please. But
persons and property make the sum of the objects of government. The
constitution and the laws of their predecessors are extinguished then,
in their natural course, with those whose will gave them being. This
could preserve that being, till it ceased to be itself, and no longer.
Every constitution, then, and every law, naturally expires at the end of
thirty-four years. If it be enforced longer, it is an act of force and
not of right. It may be said that the succeeding generation exercising,
in fact, the power of repeal, this leaves them as free as if the
constitution or law had been expressly limited to thirty-four years
only. In the first place, this objection admits the right, in proposing
an equivalent. But the power of repeal is not an equivalent. It might
be, indeed, if every form of government were so perfectly contrived,
that the will of the majority could always be obtained, fairly and
without impediment. But this is true of no form. The people cannot
assemble themselves; their representation is unequal and vicious.
Various checks are opposed to every legislative proposition. Factions
get possession of the public councils, bribery corrupts them, personal
interests lead them astray from the general interests of their
constituents; and other impediments arise, so as to prove to every
practical man, that a law of limited duration is much more manageable
than one which needs a repeal.
This principle, that the earth belongs to the living and not to the
dead, is of very extensive application and consequences in every
country, and most especially in France. It enters into the resolution of
the questions, whether the nation may change the descent of lands
holden in tail; whether they may change the appropriation of lands given
anciently to the church, to hospitals, colleges, orders of chivalry,
and otherwise in perpetuity whether they may abolish the charges
and privileges attached on lands, including the whole catalogue,
ecclesiastical and feudal; it goes to hereditary offices, authorities,
and jurisdictions, to hereditary orders, distinctions, and appellations,
to perpetual monopolies in commerce, the arts, or sciences, with a long
train of _et ceteras_; and it renders the question of reimbursement,
a question of generosity and not of right. In all these cases,
the legislature of the day could authorize such appropriations and
establishments for their own time, but no longer; and the present
holders, even where they or their ancestors have purchased, are in
the case of _bonâ fide_ purchasers of what the seller had no right to
convey.
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