Thomas Jefferson, the Apostle of AmericanismChinard, Gilbert
History
Thomas Jefferson, the Apostle of Americanism
Chinard, Gilbert
Jefferson, Thomas, 1743-1826
Such a philosophy of natural rights had never before been expressed by
any political philosopher I have been able to refer to, with one
possible exception. While Locke had said that one divests oneself of his
liberty in assuming the bonds of civil society--while Rousseau had
declared that man sacrifices all his natural rights on the altar of
society--a Scottish jurist had maintained that "Mutual defence against a
more powerful neighbor being in early times the chief, or sole motive
for joining in society, individuals never thought of surrendering any of
their natural rights which could be retained consistently with their
great aim of mutual defence." Not only had Jefferson read Kames, but he
had copied extensively from his "Historical Law" tracts in his
"Commonplace Book", where this very passage is to be found. He had also
seen in the tract on history of property the fine distinction
established by Kames between possession and property, the two terms
being coextensive among savages, while in more refined society the
relation of property was gradually evolved and disjoined from
possession.[53]
Thus if Jefferson borrowed from any one the main principles of his
philosophy, it was not from any of the eloquent and famous thinkers of
France and England. Locke he had certainly read, he had abstracted
Montesquieu, he may have known Rousseau's theory, although this is
doubtful, but he had read and summarized the tracts of a Scottish jurist
whom he had probably discovered through Doctor Small. His conception of
the social compact is not the conception of a philosopher; it is
essentially the conception of a jurist and a lawyer. The social compact
is not a metaphysical hypothesis, nebulous and lost in the night of
ages, it is a very specific and very precise convention to be entered
into or to be denounced by men who retain their "rights inherent and
unalienable", who remain free and yet agree to submit themselves to
certain rules and a certain discipline in order to obtain more security.
And thus was evolved and defined by Jefferson a combination of liberty
and order, individualism and discipline which lies at the basis of
American civilization, an object of wonder to most foreigners, often
discussed but never so satisfactorily elucidated as in the document
written by Jefferson when, "wanting amusement", he sat down to explain
to himself his ideas of natural and civil rights and the distinction
between them.
CHAPTER II
THE REVISION OF THE LAWS OF VIRGINIA
At the meeting of July 4, 1776, Congress, after adopting the Declaration
of Independence,
"_Resolved_, That Dr. Franklin, Mr. J. Adams and Mr. Jefferson, be a
committee, to bring in a device for a seal for the United States of
America."[54]
Public-domain text, read in full here on John Shaqi.
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