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
articles unnoticed, and raises implications against others, a declaration
of rights becomes necessary, by way of supplement. This is the case of
our new federal Constitution. This instrument forms us into one State,
as to certain objects, and gives us a legislative and executive body for
these objects. It should, therefore, guard us against their abuses of
power, within the field submitted to them. 2. A positive declaration of
some essential rights could not be obtained in the requisite latitude.
Answer. Half a loaf is better than no bread. If we cannot secure all our
rights, let us secure what we can. 3. The limited powers of the federal
government, and jealousy of the subordinate governments, afford a security
which exists in no other instance. Answer. The first member of this seems
resolvable into the first objection before stated. The jealousy of the
subordinate governments is a precious reliance. But observe that those
governments are only agents. They must have principles furnished them,
whereon to found their opposition. The declaration of rights will be
the text, whereby they will try all the acts of the federal government.
In this view, it is necessary to the federal government also; as by the
same text, they may try the opposition of the subordinate governments.
4. Experience proves the inefficacy of a bill of rights. True. But
though it is not absolutely efficacious under all circumstances, it is
of great potency always, and rarely inefficacious. A brace the more will
often keep up the building which would have fallen, with that brace the
less. There is a remarkable difference between the characters of the
inconveniences which attend a declaration of rights, and those which
attend the want of it. The inconveniences of the declaration are, that
it may cramp government in its useful exertions. But the evil of this
is short-lived, moderate and reparable. The inconveniences of the want
of a declaration are permanent, afflicting and irreparable. They are in
constant progression from bad to worse. The executive, in our governments,
is not the sole, it is scarcely the principal object of my jealousy. The
tyranny of the legislatures is the most formidable dread at present, and
will be for many years. That of the executive will come in its turn; but
it will be at a remote period. I know there are some among us, who would
now establish a monarchy. But they are inconsiderable in number and weight
of character. The rising race are all republicans. We were educated in
royalism; no wonder, if some of us retain that idolatry still. Our young
people are educated in republicanism; an apostasy from that to royalism,
is unprecedented and impossible. I am much pleased with the prospect
that a declaration of rights will be added; and I hope it will be done in
that way, which will not endanger the whole frame of government, or any
essential part of it.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account