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
I wish it were possible to obtain a single amendment to our Constitution.
I would be willing to depend on that alone for the reduction of the
administration of our government to the genuine principles of its
Constitution; I mean an additional article, taking from the federal
government the power of borrowing. I now deny their power of making
paper money or anything else a legal tender. I know that to pay all
proper expenses within the year, would, in case of war, be hard on us.
But not so hard as ten wars instead of one. For wars would be reduced
in that proportion; besides that the State governments would be free to
lend _their credit_ in borrowing quotas. For the present, I should be
for resolving the alien and sedition laws to be against the Constitution
and merely void, and for addressing the other States to obtain similar
declarations: and I would not do anything at this moment which should
commit us further, but reserve ourselves to shape our future measures or
no measures, by the events which may happen. It is a singular phenomenon,
that while our State governments are the _very best in the world_, without
exception or comparison, our General Government has, in the rapid course
of nine or ten years, become more arbitrary, and has swallowed more of the
public liberty than even that of England. I enclose you a column, cut out
of a London paper, to show you that the English, though charmed with our
making their enemies our enemies, yet blush and weep over our sedition
law. But I enclose you something more important. It is a petition for a
reformation in the manner of appointing our juries, and a remedy against
the _jury of all nations_, which is handing about here for signature,
and will be presented to your House. I know it will require but little
ingenuity to make objections to the details of its execution; but do not
be discouraged by small difficulties; make it as perfect as you can at a
first essay, and depend on amending its defects as they develop themselves
in practice. I hope it will meet with your approbation and patronage. It
is the only thing which can yield us a little present protection against
the dominion of a faction, while circumstances are maturing for bringing
and keeping the government in real unison with the spirit of their
constituents. I am aware that the act of Congress has directed that juries
shall be appointed by lot or otherwise, as the laws _now_ (at the date of
the act) in force in the several States provide. The New England States
have always had them elected by their select men, who are elected by the
people. Several or most of the other States have a large number appointed
(I do not know how) to attend, out of whom twelve for each cause are
taken by lot. This provision of Congress will render it necessary for our
Senators or Delegates to apply for an amendatory law, accommodated to that
prayed for in the petition. In the meantime, I would pass the law as if
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