The Writings of Thomas Jefferson, Vol. 4 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
History
The Writings of Thomas Jefferson, Vol. 4 (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
DEAR SIR,--We have now with us our friend Monroe. He is engaged in stating
his conduct for the information of the public. As yet, however, he has
done little, being too much occupied with re-arranging his household. His
preliminary skirmish with the Secretary of State has, of course, bespoke a
suspension of the public mind, till he can lay his statement before them.
Our Congressional district is fermenting under the presentiment of their
representative by the Grand Jury; and the question of a Convention for
forming a State Constitution will probably be attended to in these parts.
These are the news of our Canton. Those of a more public nature you know
before we do. My best respects to Mrs. Mercer, and assurances to yourself
of the affectionate esteem of, dear Sir, your friend and servant.
TO JAMES MONROE.
MONTICELLO, September 7, 1797.
The doubt which you suggest as to our jurisdiction over the case of the
Grand Jury _vs._ Cabell, had occurred to me, and naturally occurs on first
view of the question. But I knew, that to send the petition to the House
of Representatives in Congress, would make bad worse; that a majority
of that House would pass a vote of approbation. On examination of the
question, too, it appeared to me that we could maintain the authority of
our own government over it.
A right of free correspondence between citizen and citizen, on their joint
interests, whether public or private, and under whatsoever laws these
interests arise, (to wit, of the State, of Congress, of France, Spain,
or Turkey), is a natural right; it is not the gift of any municipal law,
either of England, or Virginia, or of Congress; but in common with all our
other natural rights, it is one of the objects for the protection of which
society is formed, and municipal laws established.
The courts of this commonwealth (and among them the General Court, as a
court of impeachment) are originally competent to the cognizance of all
infractions of the rights of one citizen by another citizen; and they
still retain all their judiciary cognizances not expressly alienated by
the federal Constitution.
The federal Constitution alienates from them all cases arising 1st,
under the constitution; 2dly, under the laws of Congress; 3dly, under
treaties, &c. But this right of free correspondence, whether with a public
representative in General Assembly, in Congress, in France, in Spain, or
with a private one charged with pecuniary trust, or with a private friend
the object of our esteem, or any other, has not been given to us under,
1st, the federal Constitution; 2dly, any law of Congress; or 3dly, any
treaty; but as before observed, by nature. It is therefore not alienated,
but remains under the protection of our courts.
Public-domain text, read in full here on John Shaqi.
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