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
Were the question even doubtful, that is no reason for abandoning it. The
system of the General Government, is to seize all doubtful ground. We must
join in the scramble, or get nothing. Where first occupancy is to give
right, he who lies still loses all. Besides, it is not right for those who
are only to act in a preliminary form, to let their own doubts preclude
the judgment of the court of ultimate decision. We ought to let it go
to the House of Delegates for their consideration, and they, unless the
contrary be palpable, ought to let it to go to the General Court, who are
ultimately to decide on it.
It is of immense consequence that the States retain as complete authority
as possible over their own citizens. The withdrawing themselves under
the shelter of a foreign jurisdiction, is so subversive of order and so
pregnant of abuse, that it may not be amiss to consider how far a law
of _præmunire_ should be revised and modified, against all citizens who
attempt to carry their causes before any other than the State courts, in
cases where those other courts have no right to their cognizance. A plea
to the jurisdiction of the courts of their State, or a reclamation of a
foreign jurisdiction, if adjudged valid, would be safe; but if adjudged
invalid, would be followed by the punishment of _præmunire_ for the
attempt.
Think further of the preceding part of this letter, and we will have
further conference on it. Adieu.
P. S. Observe, that it is not the breach of Mr. Cabell's privilege which
we mean to punish: that might lie with Congress. It is the wrong done to
the citizens of our district. Congress gave no authority to punish that
wrong. They can only take cognizance of it in vindication of their member.
TO ALEXANDER WHITE, ESQ.
MONTICELLO, September 10, 1797.
DEAR SIR,--So many persons have of late found an interest or a passion
gratified by imputing to me sayings and writings which I never said
or wrote, or by endeavoring to draw me into newspapers to harass me
personally, that I have found it necessary for my quiet and my other
pursuits to leave them in full possession of the field, and not to take
the trouble of contradicting them even in private conversation. If I do it
now, it is out of respect to your application, made by private letter and
not through the newspapers, and under the perfect assurance that what I
write to you will not be permitted to get in a newspaper, while you are at
full liberty to assert it in conversation under my authority.
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