The Virginian. [volume] (Lynchburg [Va.]) 1822-1829, 1826-10-02
Paris, sist December. l787.

| DEAR SIaI just before J ipcpiX ed your
favor, asking my opinion on our new pro-
posed Constitution, had written nv srn-
iiments ON The subject fully To. my friend
Mr Madison. They conc FRED so exact
" with yours, That the communication oi
thein could answer no rnd hut that Oi
showing my readiness Ia obey you.
therefore extracted that part from my
letter to him. aud have reserved it for a
good private conveyance, which has ne
ser offered I'LL INV, by vi. Parker
Though pretend to make no myst.ry of
my opinion, yet my distance from the
scene gives me too much dlffidrnc. in nv
views OH Ia detail them ienglhiIy and
publrly. THIS dllIidenee Is Increased by
~, high npii Ion Of The abilities and hon
Ely OF The trainers Of the CONSTITUTIONS
! Vel W. cannot help thinking for ourselves
! suppose ~" much precious improve.
meni IN u. but some seeds of danger,
WIN h might have been kept out of sight
Of ihr trainers by a consciousness of their
own honesty, aud a presumption that all
succeeding rulers would he as honest as
themselves. Max" what use you please
oi The contents Of the paper, bul without
quoting lis author. who has no pr.trnslon
10 see what is hidden from others.
! have the honor 10 be, with esteem,
and respect, dear sir, your most obedieut
bumblr servant,
THOMAS JEFFERSON.
Colonel foRREsT.
" like much the general idea Of fra ming
IA Government which shaald 20 on ofitself
peacrabiy, without needing continual re-
cnrrence To the State Legislatures. | like
the organization Of the Government into
legislative. judiciary, & executive. | like
the power given the Legislature to lev,
taxes, and, for thai reason solely, | ap-
prove Of he greater House being chosen
by the People directly for, though |
think a House so chosen will be very far
inferior to the presen, Congress. will bs
very lily qualified 10 legslate for the UNI.
on, for foreign nations, &c. yet this evil
doee not weigh against the good of pre-
serving inyiolate the fundamental princi-
Pile that the People are not to BIZ taxed
but by Representatives chosen immedi-
ately by themselves. | an captiyated by
the compromise of the opposite claims of
thu great and little States, of The latter to
equal, and the former to proportional in
inence. l am much pleased, too, with
the substitution of the method Of voting
~ persons, instead of that of voting by
States - 1 IKE the ncsou'. 80.
the Executive conformity with a third of
either House, though | should have liked
il better had the Judiciary been associa-
ted for that purpose, or invested separate
~ with "A similar power. There are o.
ther good things of less moment will
now tell you what l do not like First
the omission of Il Bill Of Rights, providing
clearly, and without the aid of sophisms,
for freedom of religion, freedom of the
press, protection against standing armies.
| restriction of mon0polies, the eternal and
unremnitting force Of the habeas corpus
laws, and trials by jury in all matters of
fact trlable by the laws of the land, and
not by the law of nations. To say, rs
Mr.. Wilson does, that a bill of rights was
not necessary, because all is reserved in
the case of the General Government which
is not given, while in the particular ones
all is given which is not reserved might
do for the audience to which it was ad-
dressed, but it is surely gratis die tum,
the reverse Of which might just as well
be- said i; and il is opposed by strong in
ferences from the body Of the instrument,
as well AZ from the omission of the clause
of our present Confederation, which had
made the reservation in express terms.
Ii was hard to conclude, because there
las been want of uniformity among the
States as TO the eases triabe by jury, be-
canse some have been so incauiious as to
dispense with this mode of trial in certain
cases therefore, the more prudent States
shall be reduced to same level of caami-
ty. 1t would have been much more Just
and wise 10 have concluded the other
way, that, as most of the States had pre-
served with Jealousy this sacred palladium
of liberty, those who had wandered should
lbr brought back to it g. to have estab-
ished general right rather than general
wrong. Furl consider all the Has establish
ed,wh'ch may be established. have right
10 nothing which another has right to
take away aud Congress will have a
right to take away trials by jury in all CT
vii cases. Let me add, that a bill OF
rights is what the People are entitled 10
against every government on earth, gen
eral or particular and what no Just Co.
,ernment should refuse, or rest on infer
tnces.
The second feature I dislike. and
strongly dislike, is the abandonment. in
every instance, of the principle IF rota-
ton in Office, and most particularly in
the case of the President. Reason and
experience tell us that the first magistrate
will always be reelected, if he may be re-
elected. He is then an, officer for life.
This once observed, il becomes of 80
much consequence TO certain nations to
have friend or a foe al the head of our
affairs, that they will interfere, with mo-
ney and with arms. A Galloman or an
Aogoman will be supported by the ma
ton he beiriends. lfoncs elected and at
second ~ third election ouvoted by one
or two votes, he will pretend false votes,
foul play, hold possession Of the reins "i
Government be supported by the States
voting for him, especially if they be CEN
trail ones, lying in compact body them