[FONT=Verdana,Arial,Helvetica][SIZE=+1]Thomas Jefferson to James Madison[/SIZE][/FONT]
[FONT=Verdana,Arial,Helvetica][SIZE=-1]15 Mar. 1789[/SIZE][/FONT]
[FONT=Verdana,Arial,Helvetica][SIZE=-1]Papers 14:659--61 [/SIZE][/FONT] Your thoughts on the subject of the
Declaration of rights in the letter of Oct. 17. I have weighed with great
satisfaction. Some of them had not occurred to me before, but were
acknowledged just in the moment they were presented to my mind. In the
arguments in favor of a declaration of rights, you omit one which has great
weight with me, the legal check which it puts into the hands of the judiciary.
This is a body, which if rendered independent, and kept strictly to their own
department merits great confidence for their learning and integrity. In fact
what degree of confidence would be too much for a body composed of such
men as Wythe, Blair, and Pendleton? On characters like these the "civium
ardor prava jubentium" would make no impression. I am happy to find that
on the whole you are a friend to this amendment. The Declaration of rights is
like all other human blessings alloyed with some inconveniences, and not
accomplishing fully it's object. But the good in this instance vastly
overweighs the evil. I cannot refrain from making short answers to the
objections which your letter states to have been raised. 1. That the rights in
question are reserved by the manner in which the federal powers are
granted. Answer. A constitutive act 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 feild 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 1st. 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
tho 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
remarkeable difference between the characters of the Inconveniencies 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 it's
useful exertions . But the evil of this is shortlived, moderate, and reparable.
The inconveniencies 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 long years. That of the executive will come
in it's turn, but it will be at a remote period. I know there are some among
us who would now establish a monarchy. But they are inconsiderable in
number and weight of character. The rising race are all republicans. We were
educated in royalism: no wonder if some of us retain that idolatry still. Our
young people are educated in republicanism. An apostacy from that to
royalism is unprecedented and impossible. I am much pleased with the
prospect that a declaration of rights will be added: and hope it will be done in
that way which will not endanger the whole frame of the government, or any
essential part of it.
Koss:
Could we not start to pave the way for health care of all citizens of the shining beacon of hope that is the United States of America? Have we lost our way? Have we traded some humane quality for that of profit margins and productivity? Does the squeaky wheel get the oil?
Or can we find it within our hearts for those of us who live within our borders... born free, or put in the effort to follow the rules to live free within Liberties Grasp and become citizens of such a Country and Ideal; to set aside our differences and put forth the effort to pave the way for humane care of the sick and needy for all. Those of us, who can be proud that we are so successful as to feel the warmth of charity to help those who are below our social standing, and also those of us who are reaching out our hands in need, struggling to find the next breath of life; but continue to work to support our families, goals, and dreams in life. Life that brings warmth to every crevice of our nation. (EDIT) From the bottom up.
Sorry for the long post, and thank you for reading if you managed to set aside enough time from your lives to read one of the greatest minds that shaped and molded the country that is the United States of America. And inspired, influenced, or befriended those which we have both learned and mentored the ideals of humanity; (EDIT) ideals borne within our own country and the ones from abroad. May the world one day find peace and happiness when there is still happiness to be had.
From the heart,
-Adel
(I may have been laid off twice, and see my career in the automotive industry sink into shark infested waters... but I shall never give up hope for the human race. I have returned to finish my bachelors degree, my third degree so far in my 26 years on this earth. And I am thankful for the oppuntunity... even given the circumstances of brining me here.)
[FONT=Verdana,Arial,Helvetica][SIZE=-1]15 Mar. 1789[/SIZE][/FONT]

Declaration of rights in the letter of Oct. 17. I have weighed with great
satisfaction. Some of them had not occurred to me before, but were
acknowledged just in the moment they were presented to my mind. In the
arguments in favor of a declaration of rights, you omit one which has great
weight with me, the legal check which it puts into the hands of the judiciary.
This is a body, which if rendered independent, and kept strictly to their own
department merits great confidence for their learning and integrity. In fact
what degree of confidence would be too much for a body composed of such
men as Wythe, Blair, and Pendleton? On characters like these the "civium
ardor prava jubentium" would make no impression. I am happy to find that
on the whole you are a friend to this amendment. The Declaration of rights is
like all other human blessings alloyed with some inconveniences, and not
accomplishing fully it's object. But the good in this instance vastly
overweighs the evil. I cannot refrain from making short answers to the
objections which your letter states to have been raised. 1. That the rights in
question are reserved by the manner in which the federal powers are
granted. Answer. A constitutive act 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 feild 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 1st. 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
tho 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
remarkeable difference between the characters of the Inconveniencies 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 it's
useful exertions . But the evil of this is shortlived, moderate, and reparable.
The inconveniencies 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 long years. That of the executive will come
in it's turn, but it will be at a remote period. I know there are some among
us who would now establish a monarchy. But they are inconsiderable in
number and weight of character. The rising race are all republicans. We were
educated in royalism: no wonder if some of us retain that idolatry still. Our
young people are educated in republicanism. An apostacy from that to
royalism is unprecedented and impossible. I am much pleased with the
prospect that a declaration of rights will be added: and hope it will be done in
that way which will not endanger the whole frame of the government, or any
essential part of it.
Koss:
Could we not start to pave the way for health care of all citizens of the shining beacon of hope that is the United States of America? Have we lost our way? Have we traded some humane quality for that of profit margins and productivity? Does the squeaky wheel get the oil?
Or can we find it within our hearts for those of us who live within our borders... born free, or put in the effort to follow the rules to live free within Liberties Grasp and become citizens of such a Country and Ideal; to set aside our differences and put forth the effort to pave the way for humane care of the sick and needy for all. Those of us, who can be proud that we are so successful as to feel the warmth of charity to help those who are below our social standing, and also those of us who are reaching out our hands in need, struggling to find the next breath of life; but continue to work to support our families, goals, and dreams in life. Life that brings warmth to every crevice of our nation. (EDIT) From the bottom up.
Sorry for the long post, and thank you for reading if you managed to set aside enough time from your lives to read one of the greatest minds that shaped and molded the country that is the United States of America. And inspired, influenced, or befriended those which we have both learned and mentored the ideals of humanity; (EDIT) ideals borne within our own country and the ones from abroad. May the world one day find peace and happiness when there is still happiness to be had.
From the heart,
-Adel
(I may have been laid off twice, and see my career in the automotive industry sink into shark infested waters... but I shall never give up hope for the human race. I have returned to finish my bachelors degree, my third degree so far in my 26 years on this earth. And I am thankful for the oppuntunity... even given the circumstances of brining me here.)
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