Southern Argus. [volume] (Columbus, Miss.) 1834-1842, 1841-08-31
Mr.. JEFFERSON AND HIS
OPINIONS.

OPINIONS.
The following article, from the pen
rbs learned and distinguished Biog-
.,ber Of Mr.. JEFFERSON, which
q find in the last number of the
cu!hern Literary Messenger, is of
,,uIiar interest at the present mo-
-mi.
NJ JEFFERSON-HIS INTERPRE.
nrlON OF THECoNSTlTUTION.
A writer in the last April number of
he Messenger, under the signature of
"A Naive Of Virginia" cites two passa.
re-, from fuckers life Of Jefferson, res
,c,ting that staIesman's construction of
ne FEDERAL Constitution, as plainly con-
st.c,ory, and one ofwhich he considers
be grossly unjust to Mr.. Jefferson.
As the biogrupher's attention has been
7eatcdly called to these passages, both
.hcly and privately, he feels himself
ms,raincd no longer to withhold the ex.
,na.ion sought, and to state lnsmore
rrsc language his understanding 0fths
~,ortuut part Of Mr. JetIcrson's constitu.
.5m' doctrines.
That the two passages, according
10 their obvious import, are repuguant
md irreconcilable, the biographer rea-
div admits. When they were first
5ourht 10 his notice. near four years
no, by a gentleman from North Car
Lna;he said then, what he now re-
yea,s, that, after having pronounced
Mr. Jeterson's construction Of the
constitution TO be "to be strict or lib
:al according as he conceived the ma
aonal GOOD would be best promoted
gy it, he could not consistently say,
,t,. "Mr. Jefferson always favored {
sirc, construction" without limiting
The terms 10 some particular parts o
That Instrument. He cannot there
fore, in fairness, avail himself Of tn,
INGENIOUS attempt of the editor Of INT
Messenger to reconcile The two passa
yes, By laying a stress on the word ga
yored,' but must frankly admit this 4
be one o ( those cases of inadvertenc
which is not easy to avoid in a worI
ofgreat length. Happy would he b
me could believe tins were the onl
instance.
In extenuation Of his fault tn
biographer must edd, that the .limlta
ion which he failed 10 express he dis
inctly had in mind. He was speak
ng Of question OF power betwee
the Federal Government and the stat
Goyernments-that Of constructin
-osds-and was in reference to tn
class Of questions that he meant his re
mark TO apply. Believing as Mr.Je
ieron did, that the grant of power
the general government was as hber
As was consistent with civil liber
and public safety, and that its tender
cy was to enlarge its own powers u
in ali questions between the rights al
powers orthe General and State Go
euments, inclined to a strict constru
ton Of the former
With this qualification OF me Ia
passage, it is not inconsistent with q
6st. And it remains to be seen VII
her that first passage, which says
was occasionally liberal, as well
strict in constituting the constiIu'lo
does him injustice. On this ques'l
without referring to Mr.. Jefferson
official acts to discover this rule OF
depreciation, we fortunately have
direct evidence of his own exPr'
declaration. In his letter to Mr. SPal
Of Feb. a ts24,Jef. CoFresPonder
vol. A. page 39l) and which IS quo'
in the Biography as the foundation
the obnoxious remark, he says IN sP
king Of colonizing the people oil CO
an object always near his heart;
am aware that this subject lnyol
some constitutional scruples: Bu
liberal construction justified By the
jet, may 90 far, and an amendment
the constitution the whole length
cessary." This passage is conclu:
to show that he thought we were
tiled in giving a more or less lio'
construction or the constitution, acc
ding to the utility ofthe object; iol
thought no doubt, that the same :
sheraton of the national good WI
sanctioned a strict construction IN
class ofouestions equally sanctlont
liberal construction in another.
In this course Mr.. Jefferson
not sinrular. He acted in coniol
ty with the common sense OF maDk
which, in the Interpretation OF Q,
law Of rule and action, is Obliged
the imperfection Of language and
impossibility ofloreseeiDg every
that may arise under the law,sometl
70 narrow and sometimes enlarge