The Writings of Thomas Jefferson, Vol. 3 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
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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
I must now say a word on the declaration of rights, you have been so good
as to send me. I like it, as far as it goes; but I should have been for
going further. For instance, the following alterations and additions would
have pleased me. Article 4. "The people shall not be deprived of their
right to speak, to write, or _otherwise_ to publish anything but false
facts affecting injuriously the life, liberty, property or reputation of
others, or affecting the peace of the confederacy with foreign nations.
Article 7. All facts put in issue before any judicature, shall be tried by
jury, except, 1, in cases of admiralty jurisdiction, wherein a foreigner
shall be interested; 2, in cases cognizable before a court martial,
concerning only the regular officers and soldiers of the United States, or
members of the militia in actual service in time of war or insurrection;
and 3, in impeachments allowed by the constitution. Article 8. No person
shall be held in confinement more than ---- days after he shall have
demanded and been refused a writ of habeas corpus by the judge appointed
by law, nor more than ---- days after such a writ shall have been served
on the person holding him in confinement, and no order given on due
examination for his remandment or discharge, nor more than ---- hours in
any place at a greater distance than ---- miles from the usual residence
of some judge authorized to issue the writ of habeas corpus; nor shall
that writ be suspended for any term exceeding one year, nor in any place
more than ---- miles distant from the State or encampment of enemies or
of insurgents. Article 9. Monopolies may be allowed to persons for their
own productions in literature, and their own inventions in the arts, for
a term not exceeding ---- years, but for no longer term, and no other
purpose. Article 10. All troops of the United States shall stand _ipso
facto_ disbanded, at the expiration of the term for which their pay and
subsistence shall have been last voted by Congress, and all officers and
soldiers, not natives of the United States, shall be incapable of serving
in their armies by land, except during a foreign war." These restrictions
I think are so guarded, as to hinder evil only. However, if we do not have
them now, I have so much confidence in my countrymen, as to be satisfied
that we shall have them as soon as the degeneracy of our government shall
render them necessary.
Public-domain text, read in full here on John Shaqi.
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