Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson, Volume 4 eBook

This eBook from the Gutenberg Project consists of approximately 809 pages of information about Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson, Volume 4.

Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson, Volume 4 eBook

This eBook from the Gutenberg Project consists of approximately 809 pages of information about Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson, Volume 4.
the legislature and executive also in their spheres, would make the judiciary a despotic branch.  Nor does the opinion of the unconstitutionality, and consequent nullity of that law, remove all restraint from the overwhelming torrent of slander, which is confounding all vice and virtue, all truth and falsehood, in the United States.  The power to do that is fully possessed by the several State legislatures.  It was reserved to them, and was denied to the General Government, by the constitution, according to our construction of it.  While we deny that Congress have a right to control the freedom of the press, we have ever asserted the right of the States, and their exclusive right, to do so.  They have, accordingly, all of them made provisions for punishing slander, which those who have time and inclination resort to for the vindication of their characters.  In general, the State laws appear to have made the presses responsible for slander as far as is consistent with its useful freedom.  In those States where they do not admit even the truth of allegations to protect the printer, they have gone too far.

The candor manifested in your letter, and which I ever believed you to possess, has alone inspired the desire of calling your attention once more to those circumstances of fact and motive by which I claim to be judged.  I hope you will see these intrusions on your time to be, what they really are, proofs of my great, respect for you.  I tolerate with the utmost latitude the right of others to differ from me in opinion, without imputing to them criminality.  I know too well the weakness and uncertainty of human reason, to wonder at its different results.  Both of our political parties, at least the honest part of them, agree conscientiously in the same object, the public good:  but they differ essentially in what they deem the means of promoting that good.  One side believes it best done by one composition of the governing powers; the other, by a different one.  One fears most the ignorance of the people; the other, the selfishness of rulers independent of them.  Which is right, time and experience will prove.  We think that one side of this experiment has been long enough tried, and proved not to promote the good of the many:  and that the other has not been fairly and sufficiently tried.  Our opponents think the reverse.  With whichever opinion the body of the nation concurs, that must prevail.  My anxieties on this subject will never carry me beyond the use of fair and honorable means of truth and reason; nor have they ever lessened my esteem for moral worth, nor alienated my affections from a single friend, who did not first withdraw himself.  Wherever this has happened, I confess I have not been insensible to it:  yet have ever kept myself open to a return of their justice.  I conclude with sincere prayers for your health and happiness, that yourself and Mr. Adams may long enjoy the tranquillity you desire and merit, and see in the prosperity of your family what is the consummation of the last and warmest of human wishes,

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Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson, Volume 4 from Project Gutenberg. Public domain.