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
Washington, George, letters written to, 29, 196, 230, 233, 237,
247, 250, 254, 257, 280, 297, 299, 315, 319, 331, 334, 348, 356,
358, 359, 459, 471, 479, 482, 575.
Washington City, Commissioners of, letter written to the, 346.
Webster, Noah, letter written to, 200.
Willard, Dr., letters written to, 14, 130.
Wistar, Dr., letter written to, 228.
* Address lost, 527.
PART II.--Continued.
LETTERS WRITTEN WHILE IN EUROPE.
1784-1790.
TO JAMES MADISON.
Paris, March 15, 1789.
Dear Sir,--I wrote you last on the 12th of January; since which I have
received yours of October the 17th, December the 8th and 12th. That of
October the 17th, came to hand only February the 23d. How it happened to
be four months on the way, I cannot tell, as I never knew by what hand
it came. Looking over my letter of January the 12th, I remark an error
of the word "probable" instead of "improbable," which doubtless, however,
you had been able to correct.
Your thoughts on the subject of the declaration of rights, in the letter
of October the 17th, I have weighed with great satisfaction. Some of them
had not occurred to me before, but were acknowledged just in the moment
they were presented to my mind. In the arguments in favor of a declaration
of rights, you omit one which has great weight with me; the legal check
which it puts into the hands of the judiciary. This is a body, which, if
rendered independent and kept strictly to their own department, merits
great confidence for their learning and integrity. In fact, what degree
of confidence would be too much, for a body composed of such men as
Wythe, Blair and Pendleton? On characters like these, the "_civium ardor
prava jubentium_" would make no impression. I am happy to find that, on
the whole, you are a friend to this amendment. The declaration of rights
is, like all other human blessings, alloyed with some inconveniences,
and not accomplishing fully its object. But the good in this instance,
vastly overweighs the evil. I cannot refrain from making short answers
to the objections which your letter states to have been raised. 1. That
the rights in question are reserved, by the manner in which the federal
powers are granted. Answer. A constitutive act may, certainly, be so
formed, as to need no declaration of rights. The act itself has the
force of a declaration, as far as it goes; and if it goes to all material
points, nothing more is wanting. In the draught of a constitution which
I had once a thought of proposing in Virginia, and printed afterwards, I
endeavored to reach all the great objects of public liberty, and did not
mean to add a declaration of rights. Probably the object was imperfectly
executed; but the deficiencies would have been supplied by others, in the
course of discussion. But in a constitutive act which leaves some precious
Public-domain text, read in full here on John Shaqi.
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