The Writings of Thomas Jefferson, Vol. 2 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
History
The Writings of Thomas Jefferson, Vol. 2 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
I like much the general idea of framing a government, which should go on
of itself, peaceably, without needing continual recurrence to the State
legislatures. I like the organization of the government into legislative,
judiciary and executive. I like the power given the legislature to levy
taxes, and for that reason solely, I approve of the greater House being
chosen by the people directly. For though I think a House so chosen, will
be very far inferior to the present Congress, will be very illy qualified
to legislate for the Union, for foreign nations, &c., yet this evil does
not weigh against the good, of preserving inviolate the fundamental
principle, that the people are not to be taxed but by representatives
chosen immediately by themselves. I am captivated by the compromise of the
opposite claims of the great and little States, of the latter to equal,
and the former to proportional influence. I am much pleased too, with the
substitution of the method of voting by person, instead of that of voting
by States; and I like the negative given to the Executive, conjointly
with a third of either House; though I should have liked it better, had
the judiciary been associated for that purpose, or invested separately
with a similar power. There are other good things of less moment. I
will now tell you what I do not like. First, the omission of a bill of
rights, providing clearly, and without the aid of sophism, for freedom
of religion, freedom of the press, protection against standing armies,
restriction of monopolies, the eternal and unremitting force of the habeas
corpus laws, and trials by jury in all matters of fact triable by the laws
of the land, and not by the laws of nations. To say, as Mr. Wilson does,
that a bill of rights was not necessary, because all is reserved in the
case of the general government which is not given, while in the particular
ones, all is given which is not reserved, might do for the audience to
which it was addressed; but it is surely a _gratis dictum_, the reverse of
which might just as well be said; and it is opposed by strong inferences
from the body of the instrument, as well as from the omission of the
cause of our present Confederation, which had made the reservation in
express terms. It was hard to conclude, because there has been a want
of uniformity among the States as to the cases triable by jury, because
some have been so incautious as to dispense with this mode of trial in
certain cases, therefore, the more prudent States shall be reduced to the
same level of calamity. It would have been much more just and wise to
have concluded the other way, that as most of the States had preserved
with jealousy this sacred palladium of liberty, those who had wandered,
should be brought back to it; and to have established general right rather
than general wrong. For I consider all the ill as established, which may
be established. I have a right to nothing, which another has a right to
Public-domain text, read in full here on John Shaqi.
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