Thomas Jefferson, the Apostle of AmericanismChinard, Gilbert
History
Thomas Jefferson, the Apostle of Americanism
Chinard, Gilbert
Jefferson, Thomas, 1743-1826
This explains clearly why Jefferson, who is represented as the champion
of State rights, not only accepted the abridgment of State sovereignty
but declared that the retention by the States of certain rights was
dangerous and illogical. One of the first cases arises when dealing with
foreign nations. Here the individual State is clearly unable to protect
itself against foreign aggressions and foreign encroachments, and
foreign policies must properly be placed in the hands of the Federal
Government. This applies not only to questions of protection, but to
questions of commerce, and for two reasons, both of them practical and
not theoretical. Commerce is one of the great causes of war. In order to
protect the confederation the government has the right to levy taxes,
and the most convenient form is that of imposts or taxes on
importations. Secondly, the Federal Government is evidently in a better
situation than the individual States for obtaining favorable treatment
of their commerce by foreign nations. Hence the insistence of Jefferson
throughout his life on the prerogatives of the Federal Government in all
matters referring to foreign policies, and his reiterated declarations
in favor of State rights.
Incidentally, this document explains two otherwise unexplainable
incidents in Jefferson's career.
The Declaration on Violation of Rights adopted by the First Continental
Congress had specified the rights of the inhabitants of the British
colonies:
"_Resolved_, That they are entitled to life, liberty, & property, and
they have never ceded to any sovereign power whatever, a right to
dispose of either without their consent."[52] The Virginia Bill of
Rights had similarly declared that among the inherent natural rights
was the means of acquiring and possessing property.
Now, in the preamble to the Declaration of Independence, which follows
so closely the Bill of Rights, the word "property" does not appear,
while the other rights are reasserted.
Nor was this an unintentional omission, for when Lafayette submitted to
Jefferson his "Déclaration des droits de l'homme", Jefferson put in
brackets the words "droit à la propriété", thus suggesting their
elimination from the list of natural rights.
Yet he was not in any way a communist, and it would be a serious error
to see in that systematic omission the influence of Rousseau's "Discours
sur l'Origine de l'Inégalité." The fact is that, with his mind
accustomed to draw fine legal distinctions, he had come to the
conclusion that the right of possessing and acquiring property had to be
protected by society in order to be enjoyed securely. It is one of those
rights which are at the same time abridged and made more secure by
society, since in any society it may be found necessary to levy taxes on
the property of any citizen and even to condemn his property in the
interests of the community.
Public-domain text, read in full here on John Shaqi.
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