The Writings of Thomas Jefferson, Vol. 8 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
History
The Writings of Thomas Jefferson, Vol. 8 (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
With respect to the line of division between yourselves and
the lower towns, it must rest on the joint consent of both parties.
The one you propose seems moderate, reasonable, and
well defined. We are willing to recognize those on each side of
that line as distinct societies, and if our aid shall be necessary to
mark it more plainly than nature has done, you shall have it. I
think with you, that on this reduced scale it will be more easy
for you to introduce the regular administration of laws.
In proceeding to the establishment of laws, you wish to adopt
them from ours, and such only for the present as suit your present
condition; chiefly, indeed, those for the punishment of
crimes, and the protection of property. But who is to determine
which of our laws suit your condition, and shall be in force
with you? All of you being equally free, no one has a right to
say what shall be law for the others. Our way is to put these
questions to the vote, and to consider that as law for which the
majority votes. The fool has as great a right to express his
opinion by vote as the wise, because he is equally free, and equally
master of himself. But as it would be inconvenient for all your
men to meet in one place, would it not be better for every town to
do as we do, that is to say, choose by the vote of the majority of
the town and of the country people nearer to that than to any
other town, one, two, three, or more, according to the size of the
town, of those whom each voter thinks the wisest and honestest
men of their place, and let these meet together and agree which
of our laws suit them. But these men know nothing of our
laws; how then can they know which to adopt. Let them associate
in their council our beloved man living with them,
Colonel Meigs, and he will tell them what our law is on any
point they desire. He will inform them, also, of our methods
of doing business in our councils, so as to preserve order, and to
obtain the vote of every member fairly. This council can make
a law for giving to every head of a family a separate parcel of
land, which, when he has built upon and improved, it shall belong
to him and his descendants forever, and which the nation
itself shall have no right to sell from under his feet; they will
determine, too, what punishment shall be inflicted for every
crime. In our States, generally, we punish murder only by
death, and all other crimes by solitary confinement in a prison.
Public-domain text, read in full here on John Shaqi.
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