Sep C&S History Lessons #39
JULY 31, 1788 (Amendments)
31
The Writings of Thomas Jefferson, 1903. Andrew A. Lipscomb,
Ed-in-chief, 20 vols. Vol. 7, page 93.
THOMAS JEFFERSON
to
James Madison
Paris, July 31, 1788.
Dear Sir, -- My last letters to you were of the 3d and the 25th of
May. Yours from Orange, of April the 22d, came to hand on the 10th
instant.
My letter to Mr. Jay, containing all the public news that is well
authenticated, I will not repeat it here, but add some details in the
smaller way, which you may be glad to know. The disgrace of the
Marquis de la Fayette, which at any other period of their history
would have had the worst consequences for him, will, on the contrary,
mark him favorably to the nation, at present. During the present
administration, he can expect nothing; but perhaps it may serve him
with their successors, whenever a change shall take place. No change
of the Principal will probably take place before the meeting of the
States General; though a change is to be wished, for his operations do
not answer the expectations formed of him. These had been calculated
on his brilliancy in society. He is very feebly aided, too. Montmorin
is weak, though a most worthy character. He is indolent and
inattentive, too, in the extreme. Luzerne is considerably inferior in
abilities to his brother, whom you know. He is a good man, too, but so
much out of his element, that he has the air of one huskonoyed. The
Guardedes sceaux is considered as the Principal's bull dog, braving
danger like the animal. His talents do not pass mediocrity. The
Archbishop's brother, and the new minister Villedeuil, and Lambert,
have no will of their own. They cannot raise money for the peace
establishment the next year, without the States General; much less if
there be war; and their administration will probably end with the
States General. Littlepage, who was here as a secret agent for the
King of Poland, rather overreached himself. He wanted more money. The
King furnished it, more than once. Still he wanted more, and thought
to obtain a high bid by saying he was called for in America, and
asking leave to go there. Contrary to his expectations, he received
leave; but he went to Warsaw instead of America, and from thence to
join the***** I do not know these facts certainly, but recollect them,
by putting several things together. The King then sent an ancient
secretary here, in whom he had much confidence, to look out for a
correspondent, a mere letter writer for him. A happy hazard threw
Mazzei in his way. He recommended him, and he is appointed. He has no
diplomatic character whatever, but is to receive eight thousand livres
a year, as an intelligencer. I hope this employment may have some
permanence. The danger is, that he will overact his part.
The Marquis de la Luzerne had been for many years married to his
brother's wife's sister, secretly. She was ugly and deformed, but
sensible, amiable, and rather rich. When he was ambassador to London,
with ten thousand guineas a year, the marriage was avowed, and he
relinquished his cross of Malta, from which he derived a handsome
revenue for life, and which was very open to advancement. Not long
ago, she died. His real affection for her, which was great and
unfeigned, and perhaps the loss of his order for so short-lived a
satisfaction has thrown him almost into a state of despondency. He is
now here.
I send you a book of Dupont's, on the subject of the commercial treaty
with England. Though its general matter may not be interesting, yet
you will pick up in various parts of it, such excellent principles and
observations, as will richly repay the trouble of reading it. I send
you also, two little pamphlets of the Marquis de Condorcet, wherein is
the most judicious statement I have seen, of the great questions which
agitate this nation at present. The new regulations present a
preponderance of good over their evil; but they suppose that the King
can model the constitution at will, or, in other words, that his
government is a pure despotism. The question then arising is, whether
a pure despotism in a single head, or one which is divided among a
king, nobles, priesthood, and numerous magistracy, is the least bad. I
should be puzzled to decide; but I hope they will have neither, and
that they are advancing to a limited, moderate government, in which
the people will have a good share.
I sincerely rejoice at the acceptance of our new constitution by nine
States. It is a good canvass, on which some strokes only want
retouching. What these are, I think are sufficiently manifested by the
general voice from north and south, which calls for a bill of rights.
It seems pretty generally understood, that this should go to juries,
habeas corpus, standing armies, printing, religion and monopolies. I
conceive there may be difficulty in finding general modifications of
these, suited to the habits of all the States. But if such cannot be
found, then it is better toestablish trials by jury, the right of
habeas corpus, freedom of the press and freedom of religion, in all
cases, and to abolish standing armies in time of peace, and monopolies
in all cases, than not to do it in any. The few cases wherein these
things may do evil, cannot be weighed against the multitude wherein
the want of them will do evil. In disputes between a foreigner and a
native, a trial by jury may be improper. But if this exception cannot
be agreed to, the remedy will be to model the jury, by giving the
mediatas linguae, in civil as well as criminal cases. Why suspend the
habeas corpus in insurrections and rebellions? The parties who may be
arrested, may be charged instantly with a well-defined crime; of
course, the judge will remand them. If the public safety requires that
the government should have a man imprisoned on less probable
testimony, in those than in other emergencies, let him be taken and
tried, retaken and retried, while the necessity continues, only giving
him redress against the government, for damages. Examine the history
of England. See how few of the cases of the suspension of the habeas
corpus law, have been worthy of that suspension. They have been either
real treason, wherein the parties might as well have been charged at
once, or sham plots, where it was shameful they should ever have been
suspected. Yet for the few cases wherein the suspension of the habeas
corpus has done real good, that operation is now become habitual, and
the minds of the nation almost prepared to live under its constant
suspension. A declaration, that the federal government will never
restrain the presses from printing anything they please, will not take
away the liability of the printers for false facts printed. The
declaration, that religious faith shall be unpunished, does not give
impunity to criminal acts, dictated by religious error.
The saying there shall be no monopolies, lessens the incitements to
ingenuity, which is spurred on by the hope of a monopoly for a limited
time, as of fourteen years; but the benefit of even limited monopolies
is too doubtful, to be opposed to that of their general suppression.
If no check can be found to keep the number of standing troops within
safe bounds, while they are tolerated as far as necessary, abandon
them altogether, discipline well the militia, and guard the magazines
with them. More than magazine guards will be useless, if few, and
dangerous, if many. No European nation can ever send against us such a
regular army as we need fear, and it is hard, if our militia are not
equal to those of Canada or Florida. My idea then, is, that though
proper exceptions to these general rules are desirable, and probably
practicable, yet if the exceptions cannot be agreed on, the
establishment of the rules, in all cases, will do ill in very few. I
hope, therefore, a bill of rights will be formed, to guard the people
against the federal government, as they are already guarded against
their State governments, in most instances. The abandoning the
principle of necessary rotation in the Senate, has, I see, been
disapproved by many; in the case of the President, by none. I readily,
therefore, suppose my opinion wrong, when opposed by the majority, as
in the former instance, and the totality, as in the latter. In this,
however, I should have done it with more complete satisfaction, had we
all judged from the same position. Solicitations, which cannot be
directly refused, oblige me to trouble you often, with letters
recommending and introducing to you, persons who go from hence to
America. I will beg the favor of you, to distinguish the letters
wherein I appeal to recommendations from other persons, from those
which I write on my own knowledge. In the farmer, it is never my
intention to compromit myself or you. In both instances, I must beg
you to ascribe the trouble I give you, to circumstances which do not
leave me at liberty to decline it. I am, with very sincere esteem, dear
Sir, your affectionate friend and servant.
* NOTE: Several paragraphs of this letter are in cipher (code). At
this point a few words could not be deciphered.
***************************************************************
You are invited to check out the following:
The Rise of the Theocratic States of America
http://members.tripod.com/~candst/theocracy.htm
American Theocrats - Past and Present
http://members.tripod.com/~candst/theocrats.htm
The Constitutional Principle: Separation of Church and State
http://members.tripod.com/~candst/index.html
HRSepCnS · Historical Reality SepChurch&State
http://groups.yahoo.com/group/HRSepCnS/
***************************************************************
.. . . You can't understand a phrase such as "Congress shall make no law
respecting an establishment of religion" by syllogistic reasoning. Words
take their meaning from social as well as textual contexts, which is why "a
page of history is worth a volume of logic." New York Trust Co. v. Eisner,
256 U.S. 345, 349, 41 S.Ct. 506, 507, 65 L.Ed. 963 (1921) (Holmes, J.).
Sherman v. Community Consol. Dist. 21, 980 F.2d 437, 445 (7th Cir. 1992)
.. . .
****************************************************************
USAF LT. COL (Ret) Buffman (Glen P. Goffin) wrote
"You pilot always into an unknown future;
facts are your only clue. Get the facts!"
That philosophy 'snipit' helped to get me, and my crew, through a good
many combat missions and far too many scary, inflight, emergencies.
It has also played a significant role in helping me to expose the
plethora of radical Christian propaganda and lies that we find at
almost every media turn.
*****************************************************************
THE CONSTITUTIONAL PRINCIPLE:
SEPARATION OF CHURCH AND STATE
http://members.tripod.com/~candst/index.html
****************************************************************
.
|
