Thomas Jefferson, the Apostle of AmericanismChinard, Gilbert
History
Thomas Jefferson, the Apostle of Americanism
Chinard, Gilbert
Jefferson, Thomas, 1743-1826
This was an immediate consequence of the contractual concept of society
and it is not without some interest to remark that this principle stood
in direct contradiction to the physiocratic doctrine; for it was the
contention of the Physiocrats that, society resting essentially on real
property, those who own the land can alone participate in the government
of the country. If, on the contrary, society is considered as an
association of men who agree to live together in order to secure fuller
enjoyment of their fundamental rights, all the signatories to the
compact must have the same rights as well as the same obligations in the
government of the association thus formed.[93]
Yet it remained understood that the voters were not to be intrusted with
all the details of government, and Jefferson thought it desirable to
establish certain safeguards against the possible lack of knowledge of
the electors. They chose delegates and senators, but the governor was to
be appointed by joint ballot of both houses of the Assembly, and the
same procedure was to be followed in choosing a Council of State to
advise the governor, the judges of the High Court of Chancery, the
General Court and Court of Admiralty, while the judges of inferior
courts were to be appointed by the governor on recommendation of the
Council of State. The powers of the governor were to be strictly limited
and it was made clear that although the old English title was preserved,
the chief executive of the State had "none of the powers exercised under
our former government by the Crown": "We give him those powers only
which are necessary to execute the laws (and administer the government),
and which are not in their nature either legislative or judiciary." The
governor had a sort of suspensive veto. The military was to be
subordinate to the civil power, and the printing press to be subject to
no other restraint but liability to legal prosecution for false facts
printed and published. The plan provided also for the gradual abolition
of slavery after the year 1800.
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