The Writings of Thomas Jefferson, Vol. 3 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
History
The Writings of Thomas Jefferson, Vol. 3 (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
In mentioning me in your Essays, and canvassing my opinions, you have
done what every man has a right to do, and it is for the good of society
that that right should be freely exercised. No republic has more zeal
than that of letters, and I am the last in principles, as I am the least
in pretensions, to any dictatorship in it. Had I other dispositions, the
philosophical and dispassionate spirit with which you have expressed
your own opinions in opposition to mine, would still have commanded
my approbation. A desire of being set right in your opinion, which I
respect too much not to entertain that desire, induces me to hazard to
you the following observations. It had become an universal and almost
uncontroverted position in the several States, that the purposes of
society do not require a surrender of all our rights to our ordinary
governors; that there are certain portions of right not necessary to
enable them to carry on an effective government, and which experience has
nevertheless proved they will be constantly encroaching on, if submitted
to them; that there are also certain fences which experience has proved
peculiarly efficacious against wrong, and rarely obstructive of right,
which yet the governing powers have ever shown a disposition to weaken
and remove. Of the first kind, for instance, is freedom of religion; of
the second, trial by jury, habeas corpus laws, free presses. These were
the settled opinions of all the States,--of that of Virginia, of which I
was writing, as well as of the others. The others had, in consequence,
delineated these unceded portions of right, and these fences against
wrong, which they meant to exempt from the power of their governors,
in instruments called declarations of rights and constitutions; and
as they did this by conventions, which they appointed for the express
purpose of reserving these rights, and of delegating others to their
ordinary legislative, executive and judiciary bodies, none of the
reserved rights can be touched without resorting to the people to appoint
another convention for the express purpose of permitting it. Where the
constitutions then have been so formed by conventions named for this
express purpose, they are fixed and unalterable but by a convention or
other body to be specially authorized; and they have been so formed by, I
believe, all the States, except Virginia. That State concurs in all these
opinions, but has run into the wonderful error that her constitution,
though made by the ordinary legislature, cannot yet be altered by the
ordinary legislature. I had, therefore, no occasion to prove to them
the expediency of a constitution alterable only by a special convention.
Accordingly, I have not in my notes advocated that opinion, though it was
and is mine, as it was and is theirs. I take that position as admitted
by them, and only proceed to adduce arguments to prove that they were
mistaken in supposing their constitution could not be altered by the
common legislature.
Public-domain text, read in full here on John Shaqi.
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