Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-09-27

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D. C. in the course of his correspondence with
Mr.. JEFFERSON, asked his opinion Of that In
strument The reply to this inquiry will be
perused with peculiar interest at the present
moment. f,ors F0''o.
Paris. 3lst December, 1887.
DEAR Sir: Just before received your favor,
asking my opinion on our new proposes Lon
stitu.ion, had written my sentiments on the
subject fully to my friend Mr.. Madison. hey
concurred so exactly with yours, that the com
municatio of them could answer no enc ou.
that of showing nv readiness to OBEY you.
therefore extracted that part from my ietter 70
him. and nave reserved it for good private
CONVEYANCE. which has never offered till POW,
bv Mr. Parker. Though Ipretend to make no
mystery of my opinion, yet my distance from
Itbe scene piyes me TOO much difidence in my
views ofitIo detail them lengthily and publicly.
This difiidence is increased by my high o2in-
ion of the abilities and honesty OF the trainers
of the Constitution. Yet we cannot help think
ing for ourselves. Isnppose see much pre-
cious improvement in il, but some seeds oidan-
ger, which might have been kept out Of sight
of the trainers by consciousness OF their own
honesty and presumption that all succeeding
rulers would be as honest as themselves. Make
what use you please of the contents Of the pa
per, but without quoting its author, who has
no pretension to see what is hidden from 9TH
erS.
/ have the honor to be, with esteem, and re-
spect, dear sir, your most obedlent humble SER
want THOMAS JEFFERSON.
Colonel FoRREsT.
81 like much the general idea Of framing a
Government which should go on of itself pea
ceably, without needing continual recurrence to
the State Legislatures. like the organization
Of the Government into legislative, judiciary, *
executive Il like the power given the Legis-
ature to levy taxes, and, for that reason solely,
approve of the greater House being chosen by
the People directly: for, though think House
so chosen will be very far inferior to the pres
ent Congress, will be very lily qualified TO le-
gisate for the Union, for foreign nations, SC.
yet this evil does not weigh against the good OF
preserving inyiolate the fundamental principle
that the People are not to be taxed but by Rep
resentatives chosen Immediately by themselves.
l am captivated by the compromise OF the OPP
posite claims of the great and little States, OF
the latter TO equal, and the former to proper
tional influence am much pleased, too, with
sons, instead of that of voting by States; and
like the negative given to the Executive con-
Jointly with third of either House, though
should have liked it better had the Judiciary
been associated for that purpose, or invested
separately with similar power. There are
other good things Of less moment. will now
tell you what do not like: First, the omission
of Bill of Rights, providing clearly, and with
out the aid of sophisms,tos freedom or religion,
freedom OF the press, protection against stand
ing armies, restriction of monopolies, the eter-
nal and unremitting force oithe habeas corpus
laws, and trials by jury in all matters of fact
triable by the laws of the land, and not by the
law of nations To say, as Mr.. Wilson does,
that bill ofrights was not necessary, because
all is reserved in the case of the General Gov
eminent which is not given, while in the partic-
ular ones, all is given which is not reserved,
might do for the audience TO which it was adj
dressed, but it is surely gratis dictum,-t re-
verse of which might just as we'll be said, and
it is opposed by strong inferences from the body
of the instrument, as we'll as from the omission
of the clause Of our present Confederation,
which had made the reservation in express
terms. 1t was hard to conclude, because there
has been want of uniformity among the States
as to the cases triable by jury, because some
have been so incaudous as to dispense with this
mode of trial in certain cases; therefore, the
more prudent States shall be reduced to the
same level Of calamity. 1t would have been
much more Just and wise to have concluded
the other way, that, as most of the States had
preserved with jealousy this sacred palladium
ofliberty, those who had wandered should be
brought back TO it; and to have established gen.
eral right rather than general wrong. For
consider all the i'll as established, which may be
established. / have right 10 nothing which
another has right to take away; and Congress
will have right to take away trials by jury i'll
all civil cases. Let me add, that bill Of rights
is what the People are entitled to against every
Government on earth, general or particular; &
what no Just Government should refuse, or
rest on differences.
"The second feature l dislike, and strongly
dislike, is the abandonment, in every instance,
of the principle Of rotation in office, and most
particularly in the case of the President Rea-
son and experience tell US that the first magis-
trate will always be reelected, it he may be
reelected He is then an officer for life. This
once observed, it becomes OF so much conse
quence to certain nations to have friend or
foe at the head Of our affairs, that they will in
terfere, with money and with arms. Gallo