Thomas Jefferson, the Apostle of Americanism — John Shaqi
Thomas Jefferson, the Apostle of AmericanismChinard, Gilbert
History
Thomas Jefferson, the Apostle of Americanism
Chinard, Gilbert
Jefferson, Thomas, 1743-1826
I am perfectly aware of the undeniable influence of Locke upon the
theory of Kames; and it would be very unlikely that Jefferson had not
read at that date Locke's "Treatise on Civil Government." The fact
remains, however, that neither Locke, nor so far as I know any political
thinker of the period, had yet so clearly defined that particular
combination of individualism and respect for peace and order so
characteristic of American democracy. We shall see in one of the
following chapters how Jefferson, elaborating on this statement of
Kames, derived from it all his conception of natural rights. The
Scottish Lord was for him a master and a guide.
In Sir John Dalrymple, author of an "Essay Towards a General History of
Feudal Property", in Francis Stoughton Sullivan's "An Historical
Treatise of the Feudal Laws and the Constitution of the Laws of
England", Jefferson studied the history of primogeniture and of entails
and came to the conclusion that both of them had foundation neither in
nature nor in law, and certainly did not appear in England before the
Norman Conquest. He reached to the same finding in his long dissertation
on the original common law, and thus we can trace directly through the
"Commonplace Book" the sources of the Bill on Primogeniture, of the Bill
for Religious Freedom, and of the Law to Abolish Entails, which
Jefferson considered as forming a system "which would eradicate every
fibre of ancient or future aristocracy and lay a foundation for a
government truly republican."
Some of the entries in the "Commonplace Book" were evidently made after
the period with which we are dealing in this chapter, although most of
them can be dated before 1776. We have no means of determining whether
Jefferson had undertaken a systematic study of federative governments
when he was still a student, or at what time he copied the many extracts
and quotations from Montesquieu. Nor can we enter here into a detailed
discussion of all the articles. One or two facts, however, stand out
even after a superficial glimpse of this repertory of ideas on
government and society. The first is that Jefferson at that date, and
indeed during most of his life, was not interested in abstract
principles or in theoretical discussions. His was eminently the mind of
a lawyer, and it is not for a lawyer to arrive at a definition of
justice but to determine what the law says on a particular point. Yet in
a country where law is not codified and the common law is the basis of
the legal structure, it is impossible to find out what the law is
without undertaking a historical study of the cases at hand in the
different repertories. Men are either fallible or dishonest, false
interpretations creep in, texts are distorted from their original
meaning, and thus it becomes necessary to apply to legal decisions the
rules of historical evidence formulated by Bolingbroke.
Public-domain text, read in full here on John Shaqi.
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