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
On similar ground it may be proved, that no society can make a perpetual
constitution, or even a perpetual law. The earth belongs always to the
living generation: they may manage it, then, and what proceeds from it,
as they please, during their usufruct. They are masters, too, of their own
persons, and consequently may govern them as they please. But persons and
property make the sum of the objects of government. The constitution and
the laws of their predecessors are extinguished then, in their natural
course, with those whose will gave them being. This could preserve that
being, till it ceased to be itself, and no longer. Every constitution,
then, and every law, naturally expires at the end of thirty-four years.
If it be enforced longer, it is an act of force, and not of right. It may
be said, that the succeeding generation exercising, in fact, the power
of repeal, this leaves them as free as if the constitution or law had
been expressly limited to thirty-four years only. In the first place,
this objection admits the right, in proposing an equivalent. But the
power of repeal is not an equivalent. It might be, indeed, if every form
of government were so perfectly contrived, that the will of the majority
could always be obtained, fairly and without impediment. But this is true
of no form. The people cannot assemble themselves; their representation
is unequal and vicious. Various checks are opposed to every legislative
proposition. Factions get possession of the public councils, bribery
corrupts them, personal interests lead them astray from the general
interests of their constituents; and other impediments arise, so as to
prove to every practical man, that a law of limited duration is much more
manageable than one which needs a repeal.
This principle, that the earth belongs to the living and not to the dead,
is of very extensive application and consequences in every country, and
most especially in France. It enters into the resolution of the questions,
whether the nation may change the descent of lands holden in tail; whether
they may change the appropriation of lands given anciently to the church,
to hospitals, colleges, orders of chivalry, and otherwise in perpetuity;
whether they may abolish the charges and privileges attached on lands,
including the whole catalogue, ecclesiastical and feudal; it goes to
hereditary offices, authorities and jurisdictions, to hereditary orders,
distinctions and appellations, to perpetual monopolies in commerce, the
arts or sciences, with a long train of _et ceteras_; and it renders the
question of reimbursement, a question of generosity and not of right.
In all these cases, the legislature of the day could authorize such
appropriations and establishments for their own time, but no longer; and
the present holders, even where they or their ancestors have purchased,
are in the case of _bona fide_ purchasers of what the seller had no right
convey.
Public-domain text, read in full here on John Shaqi.
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