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
"3. It results from the principles of monarchy, that the nation, to
assure its own rights, has yielded particular rights to the monarch; the
constitution, then, should declare, in a precise manner, the rights of
both. It should begin by declaring the rights of the French nation, and
then it should declare the rights of the King.
"4. The rights of the King and nation not existing but for the happiness
of the individuals who compose it, they lead to an examination of the
rights of citizens.
"5. The French nation not being capable of assembling individually, to
exercise all its rights, it ought to be represented. It is necessary,
then, to declare the form of its representation and the rights of its
representatives.
"6. From the union of the powers of the nation and King should result
the enacting and execution of the laws; thus, then it should first
be determined how the laws shall be established afterwards should be
considered, how they shall be executed.
"7. Laws have for their object the general administration of the kingdom,
the property and the actions of the citizens. The execution of the laws
which concern the general administration requires Provincial and Municipal
Assemblies. It is necessary to examine, therefore, what should be the
organization of the Provincial Assemblies, and what of the Municipal.
"8. The execution of the laws which concern the property and actions of
the citizens, call for the judiciary power. It should be determined how
that should be confided, and then its duties and limits.
"9. For the execution of the laws and the defence of the kingdom, there
exists a public force. It is necessary, then, to determine the principles
which should direct it, and how it should be employed.
"_Recapitulation._
"Declaration of the rights of man. Principles of the monarchy. Rights of
the nation. Rights of the King. Rights of the citizens.
"Organization and rights of the National Assembly. Forms necessary for
the enaction of laws. Organization and functions of the Provincial and
Municipal Assemblies. Duties and limits of the judiciary power. Functions
and duties of the military power."
You see that these are the materials of a superb edifice, and the hands
which have prepared them, are perfectly capable of putting them together,
and of filling up the work of which these are only the outlines. While
there are some men among them of very superior abilities, the mass possess
such a degree of good sense, as enables them to decide well. I have always
been afraid their numbers might lead to confusion. Twelve hundred men
in one room are too many. I have still that fear. Another apprehension
is, that a majority cannot be induced to adopt the trial by jury; and
I consider that as the only anchor ever yet imagined by man, by which a
government can be held to the principles of its constitution. Mr. Paradise
is the bearer of this letter. He can supply those details which it would
be too tedious to write.
Public-domain text, read in full here on John Shaqi.
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