Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson, Volume 2 eBook

This eBook from the Gutenberg Project consists of approximately 770 pages of information about Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson, Volume 2.

Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson, Volume 2 eBook

This eBook from the Gutenberg Project consists of approximately 770 pages of information about Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson, Volume 2.
may, certainly, be so formed, as to need no declaration of rights.  The act itself has the force of a declaration, as far as it goes; and if it goes to all material points, nothing more is wanting.  In the draught of a constitution which I had once a thought of proposing in Virginia, and printed afterwards, I endeavored to reach all the great objects of public liberty, and did not mean to add a declaration of rights.  Probably the object was imperfectly executed; but the deficiencies would have been supplied by others, in the course of discussion.  But in a constitutive act which leaves some precious articles unnoticed, and raises implications against others, a declaration of rights becomes necessary, by way of supplement.  This is the case of our new federal constitution.  This instrument forms us into one State, as to certain objects, and gives us a legislative and executive body for these objects.  It should, therefore, guard us against their abuses of power, within the field submitted to them. 2.  A positive declaration of some essential rights could not be obtained in the requisite latitude.  Answer.  Half a loaf is better than no bread.  If we cannot secure all our rights, let us secure what we can. 3.  The limited powers of the federal government, and jealousy of the subordinate governments, afford a security which exists in no other instance.  Answer.  The first member of this seems resolvable into the first objection before stated.  The jealousy of the subordinate governments is a precious reliance.  But observe that those governments are only agents.  They must have principles furnished them, whereon to found their opposition.  The declaration of rights will be the text, whereby they will try all the acts of the federal government.  In this view, it is necessary to the federal government also; as by the same text, they may try the opposition of the subordinate governments. 4.  Experience proves the inefficacy of a bill of rights.  True.  But though it is not absolutely efficacious under all circumstances, it is of great potency always, and rarely inefficacious.  A brace the more will often keep up the building which would have fallen, with that brace the less.  There is a remarkable difference between the characters of the inconveniences which attend a declaration of rights, and those which attend the want of it.  The inconveniences of the declaration are, that it may cramp government in its useful exertions.  But the evil of this is short-lived, moderate, and reparable.  The inconveniences of the want of a declaration are permanent, afflicting, and irreparable.  They are in constant progression from bad to worse.  The executive, in our governments, is not the sole, it is scarcely the principal object of my jealousy.  The tyranny of the legislatures is the most formidable dread at present, and will be for many years.  That of the executive will come in its turn; but it will be at a remote period.  I know there are some among us, who would now establish a monarchy. 
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