Thomas Jefferson, the Apostle of AmericanismChinard, Gilbert
History
Thomas Jefferson, the Apostle of Americanism
Chinard, Gilbert
Jefferson, Thomas, 1743-1826
Some of the modifications suggested by Jefferson do not require any
comment; they are mere verbal changes such as the substitution of "_tels
sont_" for "_tels que_". But as Lafayette had enumerated among the
essential rights of man "_le soin de son honneur_" and "_la propriété_",
Jefferson put both terms in brackets, thus indicating that they should
be taken out. The elimination of the first term is probably due to the
fact that Montesquieu had indicated that "_honneur_" is the main
principle on which rests monarchical government and is easily
understandable. The elimination of the "_droit de propriété_" can only
be explained if we refer to the document in which Jefferson had
"explained to himself" his theory of natural rights, and established a
distinction between the natural rights and the civil rights. Lafayette
accepted the first correction but not the second; he was too much under
the influence of his physiocratic friends even to understand the much
more advanced theory of Jefferson. The project he submitted to the
Assembly, as well as the three "Déclarations des droits de l'homme",
consequently followed on this point the Virginia Bill of Rights rather
than the Declaration of Independence.
In a similar way, Lafayette had listed the powers constituting the
government in the following order: "_exécutif, législatif et
judiciaire_", and refused to follow the order suggested by Jefferson's
"_législatif, exécutif, judiciaire_". This was more than a mere question
of arrangement; there was evidently in the minds of both Jefferson and
his French friend a question of hierarchy and almost subordination; if
it is a mere nuance, the nuance was very significant. The last paragraph
deserves even more careful consideration. In the January version it
read: "_Et comme le progrès des lumières, et l'introduction des abus
nécessitent de temps en temps une revision de la constitution_...." The
second edition annotated by Jefferson expressed the same idea in much
more definite terms: "_Et comme le progrès des lumières, l'introduction
des abus et le droit des générations qui se succèdent nécessitent la
révision de tout établissement humain, il doit être indiqué des moyens
constitutionnels qui assurent dans certain cas une convocation
extraordinaire de représentants dont le seul objet soit d'examiner et
modifier, s'il le faut, la forme du Gouvernement_." This mention of the
"_droit des générations qui se succèdent_" seems a typically
Jeffersonian idea. The same theory will be found fully developed in a
letter to Samuel Kercheval written in 1816 and dealing with the revision
of the Constitution of Virginia. It was expressed originally in a letter
to James Madison, written from Paris on September 9, 1789. Curiously
enough, Jefferson declared then that this theory had never been proposed
before: "The question whether one generation of men has a right to bind
another, seems never to have been started on this or on our side of the
water.
Public-domain text, read in full here on John Shaqi.
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