Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-08-15
MISCELLANEOUS.

Mn. JEFFERSON. Among some late English
publications, received here few days since is
" Life and Correspondence OF Major Cartwright,
IN which we find the following Letter from the
tate Mr. Jefferson As every thing coming from the
pen of that distinguished philosopher, statesman
and patIio, is now read with avidity, we have
thought that this would be acceptable TO our rea-
ders. II appears from the book, that Major Cart
wright had sen, TO Mr.. Jefferson a copy of his
I" English Constitution" and that the e,er here
gwen was sent as an acAno vledgement of the
courtesy. Bost. Courier.
MONTICELLO, IN VIRGINIA, June 5, 1924
C Dear and Fenerdbie Sire-I am much in
6eotet for your kind letter of Feb 90 and for your
valuable volume the Erglish constitution.
-ead this with pleasure and much appropriations
and think 1t has delucei the constitution inhe-
rted by the English nation, from its rightful ROOT
the Anglo Saxon 1t is really wonderful that so
many able men should have failed in their att enpis
20 define it with correctness; wonder then that
Paine, who thought more than he read, should have
credited the great authorities who have declared
that the VIII OF Parliament is the Constitution oil
England. So Marbois, before the French Revo-
luton, observed to me, that the Almanac Royal
was the constitution of France. Your derivation oil
II from the Anglo Saxons, seems TO be made on le-
= innate principles Having driven out the former
Inhabitants OF that part OF he island called England
they became, as 10 you, Aborgines, and yoar linea
ancestors; they doubtless had a constitution, and
although they have not LETT il in written formula
- the precise test OF which you may always appeal
get they have left fragments Of their history and
laws, from which it may be inferred, with consi-
deralAe certainty. Whatever their history and laws
s,lew to have been pracsed with APPRECIATION, we
may presume permitted by their conslu tion /;
whatever was not 30 practIscd, was not permitted,
and although this constitution violated, and sci
at nough by Norman or ce, yet force cannot change
right; perpetual claim kept up by the Nation
-. and of tha IS,
Saxon laws, which shews they never were relin-
uuished by the will OF he nation. Ia the pullings
and haulings for these aniient rights between the
nation, and It's kings OF the races oil Plantagenets
Tudors, and Stuarts, there was sometimes gain and
sometimes loss, until the final reconQuest of ihsif
rights from the SiuMts, broke the thread of pre-
tended Inheritance, eXtingushed all regal usurpa-
,ions, and the nation re-cuteTed into all its rights;
ard although in their bill of rights they specifically
reclaim only, yet the omission of others was
no remuneration OF the right assume their exer-
else also, whenever occa-ions should occur. The
nely king received no rights Or powers but those
expressly granted 10 him. 1t has ever appeared 10
me, that the difference between the wing and th.
tory OF England is, that the wing deduces his rights
from the Anglo Saxon source, the tory from the
Norman; and Hume, the great apostle of toryi-m
says in So many words, (nOe to chap. ~ \ that
n the reigns OF the Suaris it was the people who
encroached upon the sovereign, not the sovereign
who attempted, as Is pretended, TO usurp upon The
people, this supPoses the Norman usuipaiions to
he rights in his successors; and again, &C. 80 !
the commons established principle, which Is
noble in itself, aud speciOus, but is believed
by all history and experience, h0t the peODIe arc
tts origin Of all JUST palCer! and " here else
will this degenerate of science, this traitor o
MS fellow-men, find the origin OF JUST power, if
not in the majority OF the Society? VIII il be in
the minority, ia an individual OF that minority; ;
(ltrr evplutIDu IN rcd On 20
be ground. 1t presented US Album, on which
we were free write what pleased; we had no
occasion 10 search into nusty records, to hunt 10
.oyal parchmen's, or 10 investigate the laws and
institutions Of a seml-ba barous ancestry. We alp
oealed to those OF nature and found them engrave ed
in our hearts, yet did not avail ourselves of all
the advantages OF position. We had never
been permitted 10 exercise selt-goyernnent; when
forced 10 il, novices In its science;
its principles and forms had entered little into our
former education; we established however some al
though not all its important principles. The con
stutions Of most OF states assert, that all power
is inherent in the people; that they may exercise
it by themselves, in all to which they think
themselves competent; Gas in eecting their iunc-
tfonares executive and legislative, aud deciding by
\ Jury of themselves both fact and law, in all iudf-
cary cases in which any fact is involYed) or they
may act by representatives., freely and equally
chosen; tina, it is their right and duty to be at ell
times armed; that they are entitled to freedom oil
person, freedom Of religion, freedom OF property,
and freedom OF the press. In the structure of our
legislatures, we think experience has proved the
benefit OF subiecing questions to two separate bo-
dies of deberants but in Constituting these natural
right has been mistaken; making one OF these
bodies, and some both, the representatives OF pro-
perty instead Of persons, whereas the double delibe
ration might be as well obtained WITHOUT anv
violation Of true principle, ei:her by requiring a
greater age in one Of the bodies, ol by elec,Ins
proper number of representatives Of persons, dlyiG
Jog them by lot into two chambers, and renewing
the dksion at frequent intervals, in order 10 break
Up cabals.
Virginia, Of which am, myself native and
tesiden, was not only the first OF the states but /
believe mag say, the first OF the nations of the
earth, which assembleiIls wise men peaceably to-
getber 10 form iundamen.a al constitution 10 com
nit tito writing, and place 1t among their archives
where every should be free to spposl TO ts
tex;. Bot this act was very myeriect; the otbe,
sates as they proceeded, successfully to the same
work, made successive Improvements, end ssver,l
Of them, still further corrected by experience. have
by conventions still further amended their FIRST forr
Ny own state has gone so far with IL premiere
cbauche, bat 1t is now proposing to call conyeo
lion for amendment. Among other improvements
I hope they will adopt the subdivisions OF our
cosntos into wards; the former may he estimated
at an average Of lwenty-lom miles square the latter
sboald &c siz n1es square each, sod g7oald answe;