Thomas Jefferson, the Apostle of AmericanismChinard, Gilbert
History
Thomas Jefferson, the Apostle of Americanism
Chinard, Gilbert
Jefferson, Thomas, 1743-1826
It would then occur to them that their condition would be much
improved, if a way could be devised to exchange that quantity of
danger into so much protection, so that each individual should
possess the strength of the whole number. As all their rights, in the
first case are natural rights, and the exercise of those rights
supported only by their own natural individual power, they would
begin by distinguishing between these rights they could individually
exercise fully and perfectly and those they could not.
Of the first kind are the rights of thinking, speaking, forming and
giving opinions, and perhaps all those which can be fully exercised
by the individual without the aid of exterior assistance--or in other
words, rights of personal competency--Of the second kind are those of
personal protection of acquiring and possessing property, in the
exercise of which the individual natural power is less than the
natural right.
Having drawn this line they agree to retain individually the first
Class of Rights or those of personal Competency; and to detach from
their personal possession the second Class, or those of defective
power and to accept in lieu thereof a right to the whole power
produced by a condensation of all the parts. These I conceive to be
civil rights or rights of Compact, and are distinguishable from
Natural rights, because in the one we act wholly in our own person,
in the other we agree not to do so, but act under the guarantee of
society.
It therefore follows that the more of those imperfect natural rights,
or rights of imperfect power we give up and thus exchange the more
securely we possess, and as the word liberty is often mistakenly put
for security M^r Wilson has confused his Argument by confounding the
terms.
But it does not follow that the more natural rights of _every kind_
we resign the more securely we possess,--because if we resign those
of the first class we may suffer much by the exchange, for where the
right and the power are equal with each other in the individual
naturally they ought to rest there.
M^r Wilson must have some allusion to this distinction or his
position would be subject to the inference you draw from it.
I consider the individual sovereignty of the States retained under
the Act of Confederation to be of the second Class of rights. It
becomes dangerous because it is defective in the power necessary to
support it. It answers the pride and purpose of a few men in each
state--but the State collectively is injured by it.
Public-domain text, read in full here on John Shaqi.
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