The Writings of Thomas Jefferson, Vol. 7 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
Philosophy
The Writings of Thomas Jefferson, Vol. 7 (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,--I received a few days ago from Mr. Dupont the enclosed
manuscript, with permission to read it, and a request, when read, to
forward it to you, in expectation that you would translate it. It is well
worthy of publication for the instruction of our citizens, being profound,
sound, and short. Our legislators are not sufficiently apprized of the
rightful limits of their power; that their true office is to declare and
enforce only our natural rights and duties, and to take none of them from
us. No man has a natural right to commit aggression on the equal rights
of another; and this is all from which the laws ought to restrain him;
every man is under the natural duty of contributing to the necessities
of the society; and this is all the laws should enforce on him; and, no
man having a natural right to be the judge between himself and another,
it is his natural duty to submit to the umpirage of an impartial third.
When the laws have declared and enforced all this, they have fulfilled
their functions, and the idea is quite unfounded, that on entering into
society we give up any natural right. The trial of every law by one
of these texts, would lessen much the labors of our legislators, and
lighten equally our municipal codes. There is a work of the first order
of merit now in the press at Washington, by Destutt Tracy, on the subject
of political economy, which he brings into the compass of three hundred
pages, octavo. In a preliminary discourse on the origin of the right of
property, he coincides much with the principles of the present manuscript;
but is more developed, more demonstrative. He promises a future work on
morals, in which I lament to see that he will adopt the principles of
Hobbes, or humiliation to human nature; that the sense of justice and
injustice is not derived from our natural organization, but founded on
convention only. I lament this the more, as he is unquestionably the
ablest writer living, on abstract subjects. Assuming the fact, that
the earth has been created in time, and consequently the dogma of final
causes, we yield, of course, to this short syllogism. Man was created
for social intercourse; but social intercourse cannot be maintained
without a sense of justice; then man must have been created with a
sense of justice. There is an error into which most of the speculators
on government have fallen, and which the well-known state of society of
our Indians ought, before now, to have corrected. In their hypothesis
of the origin of government, they suppose it to have commenced in the
patriarchal or monarchical form. Our Indians are evidently in that state
of nature which has passed the association of a single family; and not
yet submitted to the authority of positive laws, or of any acknowledged
magistrate. Every man, with them, is perfectly free to follow his own
inclinations. But if, in doing this, he violates the rights of another,
if the case be slight, he is punished by the disesteem of his society,
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