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Soh ie ponies Seat Se ra ee ee ea ee PE Fee Po a ee ee ree Sat eee ee acme Seeet d tee ot pe ee ee aaa el ea oe + at ewretaee +e ang ey Saale eden ecieinet heen — iat Ee tse f tee * tn PEISE4 be s beh I Ri whol Se As hac a POO hts x . of tem Peder Fae) MD) nas Sig 34 kt hee = Se BS ves ie,ta ay ok lai Foal Ps sihetitnedieeeenmermmmemeeeeertedestiaizeeenae i ren ee ! | j } | | 1ee 7 i ee eee aes nn Se we ete ne : | | | 1 | { | | | 1ste roe tre a ae ny ee a “. = Cd af \ . ™ any Ce ate JEFFERSON AND THE AMERICAN CONSTITUTION 2 eee ee oe Se a et ae ne SE en ee Eade | a il | | | | I il € \ i | ill My - ser etemiiientiieeen ema ached htt ee ee ee * By A. M. Harveyee ee j | | Ng eEEEEEEaOEOEeEEEeee ee Se ss eal —— se aa YORE 3 |Jefferson and the American Constitution I have written this pamphlet on account of the renewed interest in Thomas Jefferson, and his in- fluence in the establishment of the American Con- stitution. It consists of: 1. Some characteristic expressions. 2. An outline of his life, education and character. 3. His services for the Constitution, largely shown by his letters and other writings. 4. Selected quotations from learned men and statesmen. Printed for distribution at the meeting of the Kan- sas State Bar Association, November 12, 1926, and Dedicated to the Honorable Chester I. Long, re- tiring President of the American Bar Association. A. M. HARVEY. 168, ba“Rebellion to tyrants is obedience to God.’ Motto on Jefferson's seal. ‘“T have sworn upon the altar of God eternal hos- tility against every form of tyranny over the mind of man.’ Part of debate on Virginia Statute for re- ligious freedom. ‘You shall know the truth, and the truth shall make you free.’’ Motto of the University of Vutr- ginia. ‘The introduction of this new principle of repre- sentative democracy has rendered useless almost everything written before on the structure of gov- ernment. Letter to Tiffany, 1816. ‘IT am persuaded that no constitution was ever be- fore so well calculated as ours for extensive empire and self government.’ Letter to Madison, 1809.II His Life, Education and Character Jefferson was born in 1743, and died in 1826. He came of a well- to-do family, owning, in his own right, as a young man, some nineteen hundred acres of land, together with many slaves and considerable other personal property, and upon his marriage to the widow Martha Skelton, his circumstances were made easier by the fact that she had about the same amount of property. He was placed in the English school at five years of age, and in the Latin at nine. In the Latin school, under special tutelage, he learned something of the rudiments of Latin, Greek and French, in addition to mathematics and English. When he was seventeen years old—in 1760 —he entered William and Mary College, where he completed the two- years course and then was accepted as a law student by George Wythe, the most distinguished and able law instructor of Colonial times, who maintained his school of instruction at Williamsburg. He continued in the law school for five years where he not only pursued the study of law, but continued his study of languages, mathematics and history. His education was largely influenced by Dr. William Small, a Scotch- man who was professor of mathematics at William and Mary College, and during part of his time there, lectured on ethics, rhetoric and belles- lettres. Dr. Small was an extraordinarily fine scholar, a constant stu- dent and a thorough Whig in politics, and possessed the Scotchman’s love of liberty as intense as that of Bruce or Wallace. Dr. Small be- came attached to the young man Jefferson and made him his constant companion while they were associated in the college. Jefferson says that his influence ‘‘probably fixed the destinies of my life.’ One service renderd by Dr. Small was to procure for Jefferson a favorable introduction to the great law teacher, George Wythe, and to the Co- lonial governor, Francis Fauquier, and these two gentlemen joined with Dr. Small in close attention and friendship to Jefferson. Governor Fauquier was an able and considerate man, much superior to the usual run of Colonial governors. He was a good musician, and frequently called Jefferson together with other amateurs for impromptu concerts, and he had frequent dinner parties, with Dr. Small, Judge Wythe and Jefferson as his guests. Many years afterwards Jefferson wrote, “At these dinners, I have heard more good sense and more rational and philosophical conversation than in all my life besides.” Of Judge Wythe, Jefferson wrote that he “‘continued to be my faithful and beloved mentor in youth and my most affectionate friend through life.’ It was under these influences that Jefferson’s character was formed and the foundation laid for his great learning. A mistake, common to many, is the conclusion that Jefferson’s ideas of liberty were absorbed from the French writers who preceded or took part in the French Revolution. Throughout all of his writings, in- cluding his many letters upon the philosophy of government, he scarcely ever mentions the French writers and never quotes Rousseau, but often 5asserts his admiration for the doctrines of the great English Whigs, including Lord Chatham and Burke, together with the learned Scotch- men, like Dr. Small and James Wilson, and the early president of Princeton, Dr. John Witherspoon, all of whom gave great service ini| the establishment of the American government. In one letter to his grandson, advising him how to determine his conduct, he says that when he has been in doubt as to what course to take, it has been the habit of his life to stop and reflect what Dr. Small or Judge Wythe! would do under the same circumstances. In 1765, while yet a law student, Jefferson attended the debate in the House of Burgesses and heard the wonderful speech of Patrick Henry, denouncing the Stamp Act. Mr. Henry’s plea for liberty and freedom found a ready response in the mind and heart of Jefferson, and for days it was the subject of conversation between him and his; intimate friends in the law school. Years afterwards Jefferson said, ‘“He appeared to me to speak as Homer wrote,’ which indicates that the classic scholar could appreciate a plea for liberty coming from the self-- educated Patrick Henry. “Iwo years after this, Jefferson completed! | { his law school work, and commenced the practice of law, which he} continued until the Revolution closed the courts of justice and he be-. | came employed in matters of public concern. The above is a brief sketch of the preliminary education of Jefferson. This was supplemented and builded upon by his continued habits as a student which never abated throughout his life. He did not rest upon his schooling as his education, but pursued knowledge after the fashion of Franklin, Marshall and other self-educated men. He was happily constituted in that he could take many years in school where he not only had an opportunity for study, but had time to think and to be- come well learned in the old classics and in the law and history of gov- ernment furnished by the experience of all nations who were making or had left a history; and when he left school could be so fresh in mental vigor that he continued his studies as though he was only a be- ginner. [his combination of scholastic and practical education no doubt accounts for his diversified learning and attainments in so many fields. Jefferson so completed his education that he could speak and write not only English, but also French and Italian, had a working knowl- edge of other modern languages, and could read and translate the Latin and Greek classics. He said, “It is a great luxury to read the Greek and Latin in the original.’ Once he employed his spare time for three years translating a French book because its author had been unable to secure a correct translation. He became a good scholar in the old Anglo-Saxon and wrote a thesis on that language for use in the Uni- versity of Virginia. His English was so good that the Declaration of Independence, his first message to Congress and his statute of Virginia for religious freedom, have been compared to the prose writings of Milton, the letters of Alexander Pope and the English Book of Com- mon Prayer. He wrote his Notes on Virginia, which included a descrip- 4tion of the country, of its plants and animals, rivers and climate, to- gether with comments upon Indians, Negroes and the status and laws of the white inhabitants; and when these Notes were translated into French and published, he was so disgusted with the translation that he went over the entire book and made a new translation, at the same time allowing it to be printed in England where it ran through four- teen editions within a few months. He accumulated vocabularies in the languages of one hundred and thirty Indian tribes; added much to the science of geography and made a study of astronomy and practically every other science, using the east room of the White House, where Dolly Madison dried the clothes, to store bones of prehistoric animals for study as America’s first paleon- tologist. He was fond of Captain Lewis and when it was agreed that Lewis should take the expedition to the Northwest, he discovered that Lewis’ education in astronomy had been neglected and proceeded to give him instruction, afterwards turning him over to a professor for a short course. He studied surveying and architecture and carried a book of logarithms with which to make rapid calculations. Interest in me- chanics led him to make a number of useful inventions, including the mold board plow, the swivel chair and a stylograph, made on the plan of the modern signing machine, by which he kept copies of his letters. He loved music and was a fair violinist. Instead of a large standing army, he advocated universal military training, having a bill presented while he was president, providing for a federal militia, organized and classified under direction of the federal government. At the same time he brought about the enactment of a statute establishing West Point as a military school, and afterwards required military instruction in the University of Virginia and advo- cated it for all colleges. He said that in a free country the best safe- guard against the evil of a large standing army was for each citizen to be able to do duty as a soldier. He interested himself in balloons and in the submarine devices invented by Fulton. He made a study of re- ligion and had a firm belief in the existence of a Supreme Being, and in the morals and doctrines of Jesus of Nazareth; and clipped from the New Testament passages teaching the history and precepts of Jesus and pasted such clippings in a book, using Greek, Latin, French and English Testaments and placing these clippings in comparative columns. He hated slavery, tried to abolish it in Virginia, did prevent its establishment in the Northwest territory, and to the end of his life was fearful of the fact that it still existed in a large number of the states. He kept weather observations at Monticello for a period of many years; made many investigations and experiments in preparing our system of weights and measures, and indulged in much research on account of which he provided our decimal currency and our system of parliamen- tary law. Architecture fascinated him and his ability in this science was demonstrated not only in Monticello and the University of Vir- ginia buildings, but also in many of the splendid homes of old Virginia, as well as in the Virginia state buildings at Richmond and the Capitol 5etait andion ekdemeedia adie ie == at Washington. During his whole life he was devoted to the establish- ment of general education and to the encouragement of higher educa- tion and to the study of the fine arts and sciences. He acquired some ability in first aid surgery and could dress a wound or tie an artery. He made a close study of agriculture and planned a system for the rota- tion of crops and in this connection was constantly employed in the procuring of seed for new plants and new crops, even going to the extent of carrying rice of a peculiar quality in his pockets from Italy, so that it might be propagated here. He designed and planned the Uni- versity of Virginia and devoted the last years of his life to its establish- ment. He believed in the organization and maintenance of political parties, in which he differed from the opinion of Washington, as ex- pressed in his farewell address. He kept up a wonderful amount of correspondence with great men in this country and in Europe and applied all of the useful knowledge he could gather to the benefit of his country. He maintained a spirit of friendship and affection for those with whom he came in contact, including his great political opponents. In the fight for religious freedom, he says: “Our principal opponents were Mr. Pendleton and Robert Carter Nicholas, honest men but zealous churchmen.”’ At atime when Hamilton was suffering a severe attack upon his personal honor and conduct, he said ‘Hamilton is of acute understanding, disinterested and honorable in all private transactions, amiable in society and duly valuing virtue in private life.’’ He wrote a personal note to Marshall. asking his services at his inaugur- ation, and exhibited other courtesies showing that he appreciated the personal good will of the great justice who contended with him in so many matters. During the time when John Adams was so angry at Jefferson that he would not speak to him or write to him, Jefferson went out of his way in a public statement to express his faith in the honesty of Adams, and years afterwards they took up a correspondence which indicated that Jefferson had maintained his respect and affection for Adams during all the years of controversy. After a few years at the bar, Jefferson was drawn into the fight for American liberty, and, as a member of the Virginia legislature, took an active part in the preliminary troubles. He helped to organize the committees on correspondence and familiarized himself with all of the political literature and activity of the prominent men in the dif- ferent colonies, and before the time had come to declare our inde- pendence he had written a pamphlet upon the rights of British America which caused him to be enrolled in a bill of attainder in one of the houses of Parliament. He served in a capable manner with Patrick Henry, Richard Henry Lee, and other patriots who were giving their time and thought to the subject of American liberty. When he came to write the Declaration of Independence, we have it upon the authority of John Adams that he did not consult a book, and yet it 1s written in fine English and sums up the best of all arguments for liberty, of all times.After his service in the Continental Congress, he entered the Vir- ginia legislature and there took up the work of restating the law, and with the help of able associates, prepared one hundred and twenty-six separate statutes of such a general character that they in fact formed a written constitution for the colony of Virginia, and have had their effect upon constitutions of other states, as well as upon the federal constitution. Entailed estates and the law of primogeniture were abol- ished, the criminal code revised and the laws providing for religious preference repealed. [hese revised statutes were taken up from time to time and passed, but it was not until the general peace that they had all been covered. ‘The statute establishing religious freedom was written by Jefferson, but carried along in the legislature, and finally by the special exertions of Mr. Madison was enacted into law. Jeffer- son presented a bill for the gradual emancipation of slaves, but this was rejected, although he predicted that “‘nothing is more clearly written in the Book of Fate, than that these people are to be free.’ He prepared three bills forming a scheme of general education, in- cluding common schools, academies and a university, with a state li- brary, and these were gradually enacted into law—the University not being opened until 1825, the year before his death. He said: ‘Education is the only sure reliance for the preservation of our lib- erty, and “Tf a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be.”Ii] His Services for the American Constitution Jefferson's great service in connection with the establishment of the American Constitution, was: 1. In driving the philosophy of the Declaration of Independence into the constitution. [his made our government the first on earth to be established as a representative democracy, protecting the inalien- able and natural rights of man, and limiting the power of government so that it might never be absolute nor tyrannical. 2. In popularizing the constitution by demonstrating that our gov- ernment might be strong within its limited field; and at the same time protect and preserve the liberty of individuals, and secure their con- fidence in, and love for, the nation. In the following excerpts from his letters and other writings, he is made to speak for himself on the constitution. “It is an axiom in my mind that our liberty can never be safe but in the hands of the people themselves, and that, too, of the people with a certain degree of instruction. This it is the business of the state to effect. and on a general plan.’’ Letter to George Washington, Jan. 4, 1786. Referring to Madison’s plan for a convention to amend the Articles of Confederation, he wrote: “Tf it should produce a full meeting in May, and a broader reforma- tion, it will still be well. Tio make us one nation as to foreign con- cerns, and keep us distinct in domestic ones, gives the outline of the proper division of powers between the general and particular govern- ments. But, to enable the federal head to exercise the powers given it to best advantage, it should be organized as the particular ones are, into legislative, executive and judiciary. The first and last are already separated.” Letter to James Madison, Dec. 16, 1786. “I have news from America as late as July the 19th. Nothing had transpired from the federal convention. I am sorry they began their deliberations by so abominable a precedent as that of tying up the tongues of their members. Nothing can justify this example but the innocence of their intentions, and ignorance of the value of public discussions. I have no doubt that all their other measures will be good and wise. It is really an assembly of demigods. General Washington was of opinion, that they would not separate till October.’’ Letter to John Adams, August 30, 1787. “The convention to be assembled at Philadelphia will be an able one. Letter to William Carmichael, June 14, 1787. 8‘Iam happy to find that the States have come so generally into the schemes of the federal convention, from which, I am sure, we shall see Wise propositions. . . . My general plan would be, to make the States one as to everything connected with foreign nations, and several as to everything purely domestic.’’ Letter to Edward Carrington, Aug- ust 4, 1/87, ‘‘My idea is that we should be made one nation in every case concern- ing foreign affairs, and separate ones in whatever is merely domestic; that the Federal government should be organized into Legislative, Executive and Judiciary, as are the State governments, and some peace- able means of enforcement devised for the Federal head over the States. But of all these things you are a better judge.’ Letter to J. Blair, August 13, 1787. ‘Washington is well, and is president of the federal convention sit- ting at Philadelphia, as before mentioned. Dr. Franklin and others, the greatest characters of America, are members of it.’’ Letter to the Count Del Vermi, August 15, 1787. When he first learned of the new constitution he wrote Madison: “Powaill, therefore, < . .. . . adda few words’ on the Consti- tution proposed by our convention. I like much the general idea of framing a government, which should go on of itself, peaceably, with- . out needing continual recurrence to the State legislatures. I like the organization of the government into legislative, judiciary and executive. I like the power given the legislature to levy taxes, and for that reason solely, I approve of the greater House being chosen by the people directly. For though I think a House so chosen will be very far in- ferior to the present Congress, will be very illy qualified to legislate for the Union, for foreign nations, etc., yet this evil does not weigh against the good, of preserving inviolate the fundamental principle, that the people are not to be taxed but by representatives chosen 1m- mediately by themselves. I am captivated by the compromise of the opposite claims of the great and little States, of the latter to equal, and the former to proportional influence. I am much pleased, too, with the substitution of the method of voting by person, instead of that of voting by States; and I like the negative given to the Executive, conjointly with a third of either House; though I should have liked it better, had the judiciary been associated for that purpose, or invested separately with a similar power. There are other good things of less moment. I will now tell you what JI do not like. First, the omission of a bill of rights, providing clearly, and without the aid of sophism, for freedom of religion, freedom of the press, protection against stand- ing armies, restriction of monopolies, the‘eternal and unremitting force of the habeas corpus laws, and trials by jury in all matters of fact triable by the laws of the land, and not by the laws of nations. . . Let me add, that a bill of rights is what the people are entitled to against every government on earth, general or particular; and what no just govern- ment should refuse, or rest on inference.’ Letter to James Madison, Dees ZO: TA-B7:.se ee ge “With respect to the new Government, nine or ten States will prob- ably have accepted by the end of this month. The others may oppose it. Virginia, I think, will be of this number. Besides other objections of less moment, she will insist on annexing a bill of rights to the new Constitution, 1. e. a bill wherein the Government shall declare that, I. Religion shall be free; 2. Printing presses free; 3. Trials by jury pre- served in all cases; 4. No monopolies in commerce; 5. No standing army. Upon receiving this bill of rights, she will probably depart from her other objections; and this bill is so much to the interest of all the States, that I presume they will offer it, and thus our Constitu- tion be amended, and our Union closed by the end of the present year. In this way, there will have been oposition enough to do good, and not enough to do harm. I have such reliance on the good sense of the body of the people, and the honesty of their leaders, that I am not afraid of their letting things go wrong to any length in any cause.” Letter to Mr. Dumas, February 12, 1788. ~ There are two things, however, which I dislike strongly. 1. The want of a declaration of rights. I am in hopes the opposition of Vir- ginia will remedy this, and produce such a declaration. 2. The per- petual re-eligibility of the President. This, I fear, will make that an office for life, first, and then hereditary. I was much an enemy to monarchies before I came to Europe. I am ten thousand times more so, since I have seen what they are. There is scarcely an evil known in these countries, which may not be traced to their king, as its source, nor a good, which is not derived from the small fibres of republicanism existing among them. I can further say, with safety, there is not a crowned head in Europe, whose talents or merits would entitle him to be elected a vestryman, by the people of any parish in America. How- ever, I shall hope, that before there is danger of this change taking place in the office of President, the good sense and free spirit of our countrymen, will make the changes necessary to prevent it. Under this hope, I look forward to the general adoption of the new Consti- tution with anxiety, as necessary for us under our present circum- stances.’ Letter to General Washington, May 2, 1788. “I am happy to find our new Constitution is accepted and our gov- ernment likely to answer its purposes better. I hope that the addition of a bill of rights will bring over to it a greater part of those now opposed to it; and that this may be added without submitting the whole to the risk of a new convention. It would still have one fault in my eye, that of perpetual re-eligibility of the President.’’ Letter to Francis Hopkinson, Dec. 21, 1788. “Our new Constitution was acceded to in the course of the last sum- mer by all the states except North Carolina and Rhode Island. Massa- chusetts, Virginia and New York though they accepted unconditionally yet gave it as a perpetual instruction to their future delegates never to cease urging certain amendments. North Carolina insisted that the amendments should be made before she would accede. The more im- portant of these.amendments will be affected by adding a bill of rights; 10and even the friends of the Constitution are become sensible of the expediency of such an addition were it only to conciliate the opposition. In fact this security for liberty seems to be demanded by the general voice of America and we may conclude it will unquestionably be added.’’ Letter to John Paul Jones, March 23, 1789. “Though the new Constitution was adopted in eleven states, yet in those of Massachusetts, Virginia and New York it was by very small majorities; and the minorities in the two last are far from the laudable acquiescence of that of Massachusetts. Governor Clinton in New York and Mr. Henry in Virginia are moving heaven and earth to have a new convention to make capital changes. But they will not succeed. [here has been just opposition enough to produce probably further guards to liberty without touching the energy of government and this will bring over the bulk of the opposition to the side of the new govern- ment.’’ Letter to John Paul Jones, March 23, 1789. “Our late informations from America are that our new Constitution will begin (in) March and with an almost universal approbation. In order to reconcile those who still remain opposed to it a declaration of rights will be added. General Washington will undoubtedly be prest- dent. I have asked leave to pay a short visit to my own country.” Letter to Baron De Getsmer, Nov. 20, 1789. At this time, Alexander Hamilton recognized the fact that a gov- ernment with limited powers had been established, and was willing to give it a fair trial. Jefferson records in the Anas, that in conversa- tion with him on August 13, 1791, Hamilton said, “I own it is my own opinion, though I do not publish it in Dan or Bersheba, that the present government is not that which will answer the ends of society, by giving stability and protection to its rights, and that it will probably be found expedient to go into the British form. However, since we have undertaken the experiment, I am for giving it a fair course, whatever my expectations may be. ‘The success, in- deed, so far, is greater than I had expected.” “Notwithstanding my wish for a bill of rights, my letters strongly urged the adoption of the Constitution, by nine States at least, to secure the good it contained. I at first thought that the best method of securing the bill of rights would be for four States to hold off till such a bill should be agreed to. But the moment I saw Mr. Hancock's proposition to pass the Constitution as it stood, and give perpetual instructions to the representatives of every State to insist on a bill of rights, I acknowledged the superiority of his plan, and advocated uni- versal adoption.”’ Letter to the President of the United States, Septem- ber 9, 1792. “T do not think it for the interest of the General Government itself, and still less of the Union at large, that the State governments should be so little respected as they have been. However, I dare say that in 11time all these as well as their central government, like the planets re- volving round their common sun, acting and acted upon according to their respective weights and distances, will produce that beautiful equilibrium on which our Constitution is founded, and which I believe it will exhibit to the world in a degree of perfection, unexampled but in the planetary system itself. The enlightened statesman, therefore, will endeavor to preserve the weight and influence of every part, as too much given to any member of it would destroy the general equili- brium.”’ Letter to Peregrine Fitzhugh, Esq., February 23, 1798. “I do then, with sincere zeal, wish an inviolable preservation of our present federal Constitution, according to the true sense in which it was adopted by the States, that in which it was advocated by its friends a I am for preserving to the States the powers not yielded by them to the Union, and to the legislature of the Union its constitutional share in the division of powers; and I am not for transferring all the powers of the States to the General Government, and all those of that government to the executive branch.” Letter to Elbridge Gerry, Jan- uary 26, 1799. “I was in Europe when the Constitution was planned, and never saw it till after it was established. On receiving it I wrote strongly to Mr. Madison, urging the want of provision for the freedom of religion, freedom of the press, trial by jury, habeas corpus, the substitution of militia for a standing army, and an express reservation to the States of all rights not specifically granted to the Union. He accordingly moved in the first session of Congress for these amendments, which were agreed to and ratified by the States as they now stand. This is all the hand [ had in what related to the Constitution. . . However, it is still certain that though written constitutions may be violated in moments of passion or delusion, yet they furnish a text to which those who are watchful may again rally and recall the people; they fix too for the people the principles of their political creed.’’ Letter to Joseph Priestly, June 19, 1802. Of the constitutional questions raised by the Louisiana Purchase, he wrote: ~The Constitution has made no provision for our holding foreign territory, still less for incorporating foreign nations into our Union. The executive in seizing the fugitive occurrence which so much ad- vances the good of their country, has done an act beyond the Constitu- tion. ‘The Legislature in casting behind them metaphysical subtleties, and risking themselves like faithful servants, must ratify and pay for it, and throw themselves on their country for doing for them unauthor- ized, what we know they would have done for themselves had they been in a situation to do it. It is the case of a guardian, investing the money of his ward in purchasing an important adjacent territory and saying to him when of age, I did this for your good; I pretend to no right to bind you; you may disavow me, and I must get out of the scrape as I can: I thought it my duty to risk myself for you. But we 12shall not be disavowed by the nation, and their act of indemnity will confirm and not weaken the Constitution, by more strongly marking out its lines.’ Letter to John Breckinridge, August 12, 1803. “Our peculiar security is in the possession of a written Constitution. Let us not make it a blank paper by construction. I say the same as to the opinion of those who consider the grant of the treaty making power as boundless. If it is, then we have no Constitution. If it has bounds, they can be no others than the definition of the powers which that instrument gives. It specifies and delineates the operations per- mitted to the federal government, and gives all the powers necessary to carry these into execution. Whatever of these enumerated objects is proper for a law, Congress may make the law; whatever is proper to be executed by way of a treaty, the President and Senate may enter into the treaty; whatever is to be done by a judicial sentence, the judge may pass the sentence.” Letter to Wilson C. Nicholas, September 7, 1803. “By all, I trust, the Union of these States will ever be considered as the Palladium of their safety, their prosperity and glory, and all at- tempts to sever it will be frowned on with reprobation and abhor- rence.’ Letter to Governor Daniel D. Tompkins, February 24, 1809. “The station which we occupy among the nations of the earth 1s honorable, but awful. Trusted with the destinies of this solitary re- public of the world, the only monument of human rights, and the sole depository of the sacred fire of freedom and self-government, from hence it is to be lighted up in other regions of the earth, if other regions of the earth shall ever become susceptible of its benign influence. All mankind ought then, with us, to rejoice in its prosperous, and sympa- thize in its adverse fortunes, as involving everything dear to man.” Letter to the Citizens of Washington, March 4, 1809. “The cement of this Union is in the heartblood of every American. I do not believe there is on earth a government established on so im- movable a basis.’”’ Letter to the Marquis de Lafayette, Feb. 14, 181). “This convention met at Philadelphia on the 25th of May, °87. It sat with closed doors and kept all its proceedings secret, until its dissolu- tion on the 17th of September, when the results of its labors were pub- lished all together. I received a copy, early in November, and read and contemplated its provisions with great satisfaction. As not a member of the Convention, however, nor probably a single citizen of the Union had approved it in all its parts, so 1, too, found articles which I thought objectionable. The absence of express declarations ensuring freedom of religion, freedom of the press, freedom of the person under the uninterrupted protection of the habeas corpus, and trial by jury in Civil as well as Criminal cases, excited my jealousy; and the re-eligibility of the President for life, I quite disapproved. expressed freely, in letters to my friends, and most particularly to Mr. Madison and General Washington, my approbations and objections. How the good should be secured and the ill brought to rights, was the 13difficulty. To refer it back to a new Convention might endanger the loss of the whole. My first idea was, that the nine States first acting, should accept it unconditionally, and thus secure what in it was good, and that the four last should accept on the previous condition, that certain amendments should be agreed to; but a better course was de- vised, of accepting the whole, and trusting that the good sense and honest intentions of our citizens, would make the alterations which should be deemed necessary. Accordingly, all accepted, six without objection, and seven with recommendations of specified amendments. Those respecting the press, religion, and juries, with several others, of great value, were accordingly made; but the habeas corpus was left to the discretion of Congress, and the amendment against the re-eligi- bility of the President was not proposed. My fears of that feature were founded on the importance of the office, on the fierce contentions it might excite among ourselves, if continuable for life, and the dangers of interference, either with money or arms, by foreign nations, to whom the choice of an American President might become interesting. Exam- ples of this abounded in history; in the case of the Roman Emperors, for instance; of the Popes, while of any significance; of the German Emperors; the Kings of Poland, and the Days of Barbary. I had ob- served, too, in the feudal history, and in the recent instance. particu- larly, of the Stadtholder of Holland, how easily offices, or tenures for life, slide into inheritances. My wish, therefore, was, that the Presi- dent should be elected for seven years, and be ineligible afterwards. This term I thought sufficient to enable him, with the concurrence of the Legislature, to carry through and establish any system of improve- ment he should propose for the general good. But the practice adopted, I think, is better, allowing his continuance for eight years, with a lia- bility to be dropped at half way of the term, making that a period of probation. ‘That his continuance should be restrained at seven years, was the opinion of the Convention at an earlier stage of its session, when it voted that term, by a majority of eight against two, and by a simple majority that he should be ineligible a second time. This opinion was confirmed by the House so late as July 26, referred to the Committee of detail, reported favorably by them, and changed tc the present form by final vote, on the last day but one only of their ses- sion.’ From Jefferson’s Autobiography. “I consider the foundation of the Constitution as laid on this ground; that ‘all powers not delegated to the United States, by the Constitution, nor prohibited by it to the States. are reserved to the States or to the people.’ (Xth Amendment). To take a single step beyond the boundaries thus specially drawn around the powers of Congress, is to take possession of a boundless field of power, no longer susceptible of any definition.’’ From Jefferson’s Official Papers. “In answer to your inquiry as to the merits of Gillies’ translation of the Politics of Aristotle. . . they knew no medium between a democracy (the only pure republic, but impracticable beyond the limits of a town) and an abandonment of themselves to an aristocracy, or a tyranny independent of the people. It seems p>t to have occurred 14that where the citizens cannot meet to transact their business in person they alone have the right to choose the agents who shall transact it: and that in this way a republican, or popular government, of the sec- ond grade of purity, may be exercised over any extent of country. Ihe full experiment of a government democratical, but representative, was and is still reserved for us. . . The introduction of this new princt- ple of representative democracy has rendered useless almost everything written before on the structure of government; and, in a great measure, relieves our regret, if the political writings of Aristotle, or of any other ancient, have been lost, or are unfaithfully rendered or explained to us.’ Letter to Isaac H. Tiffany, August 26, 1516. “My construction of the Constitution is very different from that you quote. It is that every department is truly independent of the others, and has an equal right to decide for itself what is the meaning of the Constitution in the cases submitted to its action; and especially, where it is to act ultimately and without appeal. I will explain myself by examples, which, having occurred while I was in office, are better known to me, and the principle which governed them. “A legislature had passed the sedition law. The federal courts had subjected certain individuals to its penalties of fine and imprisonment. On coming into office, I released these individuals by the power of par- don committed to executive discretion, which could never be more prop- erly exercised than where citizens were suffering without the authority of law, or, which was equivalent, under a law unauthorized by the Constitution, and therefore null. Inthe case of Marbury and Madison, the federal judges declared that commissions, signed and sealed by the President, were valid, although not delivered. I deemed delivery essential to complete a deed, which, as long as it remains in the hands of the party, is as yet no deed; it is in posse only, but not in esse, and I withheld delivery of the commissions; they cannot issue a mandamus to the President or legislature, or to any of their officers. When the British treaty of —————— arrived, without any provision against the impressment of our seamen, I determined not to ratify it. [he Senate thought I should ask their advice. I thought that would be a mockery of them when I was predetermined against following it, should they advise its ratification. ‘The Constitution had made their advice nec- essary to confirm a treaty, but not to reject it. [his has been blamed by some; but I have never doubted its soundness. In the cases of two persons, antenati, under exactly similar circumstances, the federal court had determined that one of them (Duane) was not a citizen; the House of Representatives nevertheless determined that the other, (Smith of South Carolina) was a citizen, and admitted him to his seat in their body. Duane was a republican, and Smith a federalist, and these decisions were made during the federal ascendency. “These are examples of my position, that each of the three depart- ments has equally the right to decide for itself what is its duty under the Constitution, without any regard to what the others may have de- cided for themselves under a similar question. But you intimate a wis 15that my opinion should be known on this subject. No, dear Sir, [| withdraw from all contests of opinion, and resign everything cheer- fully to the generation now in place. They are wiser than we were and their successors will be wiser than they, from the progressive ad- vance of science. Tranquility is the summon bonum of age. I wish, therefore, to offend no man’s opinion nor to draw disquieting animad- versions on my own. While duty required it, I met opposition with a firm and fearless step. But loving mankind in my individual rela- tions with them, I pray to be permitted to depart in their peace; and like the superannuated soldier, ‘quadragenis stipendiis emeritis,’ to hang my arms on the post.’’ Letter to Judge Spencer Roane, September 6, 1819. “And whether our efforts to save the principles and form of our Constitution have not been salutary, let the present republican freedom, order and prosperity of our country determine. History may distort truth, and will distort it for a time, by the superior efforts at justifica- tion of those who are conscious of needing it most. Nor will the open- ing scenes of our present government be seen in their true aspect, until the letters of the day, now held in private hoards, shall be broken up and laid open to public view. What a treasure will be found in Gen- eral Washington’s cabinet, when it shall pass into the hands of as candid a friend to truth as he was himself! When no longer, like Caesar’s notes and memorandums in the hands of Antony, it shall be open to the high priests of federalism only, and garbled to say so much, and no more, as suits their views!’’ Letter to Judge William Johnson, June 12, 1823. “I have been blamed for saying that a prevalence of the doctrines of consolidation would one day call for reformation or revolution. I answer by asking if a single state of the Union would have agreed to the Constitution, had it given all powers to the General Government? If the whole opposition to it did not proceed from the jealousy and fear of every State, of being subjected to the other States in matters merely its own? And if there is any reason to believe the States more disposed now than then, to acquiesce in this general surrender of all their rights and powers to a consolidated government, one and undi- vided?” Letter to Judge William Johnson, June 12, 1823. A few months before his death he wrote as follows on the tendency toward absolute power: "Under the power to regulate commerce, they assume indefinitely that also over agriculture and manufactures, and call it regulation to take the earnings of one of these branches of industry, and that, too, the most depressed, and put them into the pockets of the other, the most flourishing of all. Under the authority to establish post roads, they claim that of cutting down mountains for the construction of roads, of digging canals, and aided by a little sophistry on the words ‘general welfare’ a right to do, not only the acts to effect that, which are specifically. enumerated and permitted, but whatsoever they shall 16tte 7 think, or pretend will be for the general welfare. And what is our resource for the preservation of the Constitution? Reason and argu- ment? You might as well reason and argue with the marble columns encircling them. [he representatives chosen by ourselves? ‘They are joined in the combination, some from incorrect views of government, some from corrupt ones, sufficient voting together to outnumber the sound parts; and with majorities only of one, two or three, bold enough to go forward in defiance. Are we then to stand to our arms, with the hot-headed Georgian? No. ‘That must be the last resource, not to be thought of until much longer and greater suffering. If every infraction of a compact of so many parties is to be resisted at once, as a dissolution of it, none can ever be formed which would last one year. We must have patience and longer endurance then with our brethren while under delusion; give them time for reflection and ex- perience of consequences; keep ourselves in a situation to profit by the chapter of accidents; and separate from our companions only when the sole alternatives left, are the dissolution of our Union with them, or submission to a government without limitation of powers.’ Letter to William B. Giles, December, 1825. “On the question of the lawfulness of slavery, that is of the right of one man to appropriate to himself the faculties of another without his consent, I certainly retain my early opinions. . . . I think with you, also, that the Constitution of the United States is a compact of in- dependent nations subject to the rules acknowledged in similar cases, as well that of amendment provided within itself.’’ Letter to Edward Everett, April 8, 1826. Ten days before his death, in answer to an invitation to attend the Fiftieth Anniversary of American Independence at Washington, July 4, 1826, he wrote: “I should, indeed, with peculiar delight, have met and exchanged there congratulations personally with the small band, the remnant of the host of worthies, who joined with us on that day, in the bold and doubtful election we were to make for our country, between submission or the sword: and to have enjoyed with them the consolatory fact, that our fellow citizens, after half a century of experience and prosperity, continue to approve the choice we made. May it be to the world, which I believe it will be, (to some parts sooner, to others later, but finally to all,) the signal of arousing men to burst the chains under which monkish ignorance and superstition had persuaded them to bind themselves, and to assume the blessings and security of self-govern- ment. That form which we have substituted, restores the free right to the unbounded exercise of reason and freedom of opinion. All eyes are opened, or opening, to the rights of man. ‘The general spread of the light of science has already laid open to every view the palpable truth, that the mass of mankind has not been born with saddles on their backs, nor a favored few booted and spurred, ready to ride them legit1- mately, by the grace of God.’’ Letter to Roger C. Weightman, June 24, 1826. 17IV Selected Quotations from Statesmen and Leamed Men, Some of Whom Recognize Him as a Moving Spirit in Building This New Form of Government and All Testifying to His Greatness. “While we must submit to reasonable regulations of our actions there is a tendency to regulate our opinions as well. This cannot be done in a land of liberty. Constitutional limitations forbid. The effort to control opinions by law is not new. The conflict over re- ligious freedom was fought out in Virginia before the Constitution was made. Liberty of opinion is older than the Constitution. Shortly after Jefferson wrote the Declaration of Independence he resigned from Congress and was elected to the legislature of Virginia. He was there placed upon a committee to codify the laws. In pursuing that work he wrote several statutes that radically changed the laws of that state. One of these was the statute for religious freedom.’ Address of Chester I. Long, Prestdent American Bar Assoctation, at Denver, 1926. Jefferson, although a lawyer, threw away his law books and with a flaming imagination wrote the gospel of liberty. An ardent soul, his was also a great intellect. No one of his time, with the exception of Franklin, ever gave so much of a life to intellectual pursuits. From early boyhood until his latest hours, he remained the unwearying and zealous student of the great subjects which challenged the attention of the human intellect. A valued correspondent of four great colleges, the successor of Franklin as President of the American Philosophical Society, he crowned his most useful life by founding the ancient and honorable University of Virginia upon lines so broad and catholic as to anticipate many of today’s most valued improvements in education. Art, music, literature, history, politics, science, agriculture, philosophy, religion, all engaged his thoughts and when his great library, which in the days of his poverty he was compelled to sell to the government, was transported to Washington, it required sixteen wagons, and it was found that they were written in many languages and comprised in their sweep nearly every department of intellectual activity. Here was a man who could supervise a farm, draw the plans for a mansion or a public building, with the detail of a capable architect, study nature like a scientist, make useful inventions, play a Mozart minuet on the violin, ride after the hounds, write a brief or manage an intricate law case, draft state papers of exceptional importance, and conduct correspond- ence with distinguished men in many languages upon questions of his- tory, law, ethics, politics, science, literature and the fine arts.’’ Address of James M. Beck at the meeting of the American Bar Association at Denver, 1926. “All honor to Jefferson—to the man, who in the concrete pressu of a struggle for national independence by a single people, had th, 18 Trcoolness, forecast, and sagacity to introduce into a merely revolutionary document an abstract truth, applicable to all men and all times, and so embalm it there that today and in all coming days it shall be a re- buke and stumbling-block to the very harbingers of reappearing tyranny and oppression. Abraham Lincoln tn letter of April 6, 1859. “It seems scarcely credible that the acquisition of Louisiana by Jef- ferson was denounced with a bitterness surpassing the partisan rancor with which later generations have been familiar. No abuse was too malignant, no epithet too coarse, no imprecation too savage to be em- ployed by the assailants of the great philosophic statesman who laid broad and deep the foundations of his country’s growth and grandeur. President of a feeble republic, contending for a prize which was held by the greatest military power of Europe and whose possession was coveted by the greatest naval power of the world, Mr. Jefferson, through his chosen and trusted agents, so conducted his important negotiations that the ambition of the United States was successfully interposed between the necessities of the one and the aggressive designs of the other. Willing to side with either of those great powers, for the advantage of his own country, not underrating the dangers of war, yet ready to engage in it for the control of the great water-way to the Gulf, the President made the largest conquest ever peacefully achieved and at a cost so small that the total sum expended for the entire territory does not equal the revenue which has since been collected on its soil in a single month in time of great public peril.” James G. Blaine’s “Twenty Years of Congress.” “Every party in this country today reckons Jefferson as its patron saint. In my youth the political Abolitionists made appeals to Jeffer- son the burden of their song. In the late discussion, which rent the country, about the Philippine Islands, one side quoted what Mr. Jef- ferson said in the Declaration of Independence, and the other what they thought he did, in the acquisition of Louisiana. I do not know of any other American of whom this is true, unless it be that the dif- ferent schools of theology and ethics seem inclined to do the same thing just now as to Ralph Waldo Emerson. . . . But more than any other statesman down to his time—more than any other statesman | can think of—save Lincoln alone—he had a steadfast and abiding faith in justice, righteousness and liberty as the prevailing and abiding forces in the conduct of States, and that justice and righteousness were sure to prevail where any people bear rule in perfect confidence. He never failed to proclaim it on all occasions. For it he was ready to encounter unpopularity, poverty, if need be, imprisonment and exile. Upon it, as on a corner stone, he laid the foundation of the Republic.’’ George F. Hoar, United States Senator, Massachusetts. “The leading features in the mind and character of [Thomas Jeffer- son was a firm and undoubting belief in the worth and dignity of human nature, and in the capacity of man for self-government. ‘This was at once the conclusion of his reason and the passion of his soul.” James. @ Garten Lieb: 19“Jefferson paid a tribute to the power of truth when he said that truth was able to overcome error in the open field; and it was this sublime confidence in the triumph of truth that distinguished him from many of the other great men of his time.’’ William Jennings Bryan. “At the age of thirty-two, when he took his seat as a delegate to Congress, he was already famous for his versatility, being credited with competency to ‘calculate an eclipse, survey an estate, tie an artery, plan an edifice, try a cause, break a horse, dance a minuet, and play a violin.’ ’’ Alton B. Parker. “In 1803, he recommended to Congress in a confidential message, the sending of an exploring party to trace the Missouri to its source, to cross the highlands, to follow the best water communication which offered itself from thence to the Pacific Ocean. Congress approved the proposition and voted a sum of money for carrying it into execu- tion. Captain Lewis, who had been with Jefferson nearly two years as private secretary, immediately renewed his request to have direction of the party. “The second expedition toward the West was also sent out during Jefferson's administration, being that under command of General Z. M. Pike, who was sent to explore the sources of the Missis- sippi River and the western parts of Louisiana, continuing as far west as Pike’s Peak, the name of which still remains as a memorial to this enterprise. It was during Jefferson's administration too, that the project of founding the Coast Survey arose. [his was recommended to Congress by the President in 1807. “It was under his Presidency that the idea of Washington for the establishment of a Military Academy at West Point was fulfilled, and Jefferson also had a plan, realized later, for the establishment of a National Observatory. It was he who proposed the unit of the present coinage of the United States. ‘He was elected President of the American Philosophical Society in January, 1797, and held that office until 1814, when he resigned on account of his age. His connection with the Society, as may be seen from the statements above, was by no means perfunctory. During his residence in Paris he kept four of the principal American colleges, Har- vard, Yale, William and Mary, and the College of Philadelphia, in- formed of all that happened in the scientific circles of Europe. Even such a subject as aerial invention attracted his attention. His letters of 1785 contain several references to the Montgolfier balloon.’’ Cyrus Adler, Ph. D. Librarian of the Smithsonian Institution. ‘Perhaps the strongest utterance of faith in the power of a free, honest and liberty-loving press, made by man was Jefferson’s declara- tion: ‘Were it left to me to decide whether we should have a govern- ment without newspapers or newspapers without government, I should not hesitate a moment to prefer the latter.’ °° Josephus Daniels. “Of his attitude toward the Christian Church specifically he gave a 20statement, in a letter written to Dr. Rush, in 1813. His views, he says, are ‘the result of a life of enquiry and reflection and very different from that anti-Christian system imputed to me by those who know nothing of my opinions. [To the corruptions of Christianity I am indeed op- posed, but not to the precepts of Jesus Himself. I am a Christian in the only sense in which He wishes any one to be; sincerely attached to His doctrines in preference to all others; ascribing to Himself every human excellence and believing He never claimed any other.’’ Edward N. Calisch. “With unwonted wisdom and courage, even before the territory was formally transferred, he ordered Captains Meriwether Lewis and Wil- liam Clarke on a long and perilous mission, the first as well as the most important of all American explorations. ‘Their three year’s journey won the way to the Pacific overland, and this discovery of the upper valley of the Columbia, conjoined with Gray’s entrance at the mouth of that noble waterway in 1792, insured the title of the United States to Oregon territory in 1845. Without Jefferson’s original action we might have no foothold on the Pacific today. “There are also due to Jefferson’s action the exploration of Lieu- tenant Pike of the upper Mississippi and northwestern Minnesota, and of the extension of our geographical knowledge to the Upper Rio Grande and other parts of the Spanish dominion, then known as New Spain.’’ General A. W. Greeley, Chief Signal Officer, U.S. A. “From October the 11th to December the 5th, the battle raged daily in the Virginia Asesmbly and resulted in a substantial victory for Jefferson, although the statute for religious toleration did not finally become a law until 1786. When nearly eighty years old, Mr. Jeffer- son spoke of this as the most terrible contest of his long and stormy career. Against him were arrayed the wealthy families whose large estates were held by entail, the elder sons whose patrimonies were taken from them and more than all, the clergy and established church, who resented the statute of religious toleration as a blasphemous attack upon religious and a personal outrage upon themselves. Jefferson was denounced as a communist, an atheist, a foe to all religion, and the bitter enmities engendered by this conflict harassed him during life and assailed his memory after death.’’ Senator George Graham Vest. “It is more than far-sightedness; it is rather a spiritual possession; a deep intuition that takes hold of right by instinct and sees States and systems as the artist sees the picture or the form before the brush has touched the canvas, or the marble felt the chisel.’’ Charles Willis Need- ham, President of Columbia University. “The Constitution had not then gained any traditional sanctity. There were thousands of honest men who believed that it was danger- ous to the liberties of the people. They felt that in the hands of Washington, of Hamilton and of Adams, it had been directed along imperialistic lines, and that it was hostile to the spirit of the Revolu- ZA Ph ¥tion. The immeasurable value of Jefferson's incomparable service was that, as the leader of the opposing host, he came into authority, calmed the disquietude, exercised the same rights and powers and met the same high responsibility in the same statesmanlike way, and he dissipated any lingering fear that the Constitution and government of our republic involved any pervil to the freedom of the people.’ Charles Emory Smith. “Jefferson's ardent attachment to his State is exhibited upon his return from Congress by his appearance in the House of Delegates in Virginia, where he offered his bill for the abolition of estates tail, that moribund relic of juridical legerdemain so deterrent to freedom and progress. He next comes forward with a bill abolishing primogeniture, thus exhibiting his firm belief in the equality of man and man’s oppor- tunity, and his conviction that merit in the evolution of all things would finally survive and win. “Then come his bills for freedom of the press, for freedom of religion and for freedom of education. ‘These are the cardinal principles of Jefferson's governmental policy, for his whole creed may be termed free politics, free press, free education and free religion.’ Andrew J. Montague, Governor of Virginia. ‘This ideal of a confederated republic seems to have emanated from the brain of Mr. Jefferson. . . Washington, it was known, was de- voted to the federative feature retained in the new system. T[hat, besides his other eminent qualities of heard and heart, secured him the unanimous choice of the friends of the new Constitution for the chief magistracy in putting it into operation.’ Alexander H. Stephens tn his essay on Washington. Joseph Coolidge, Jr., a scholarly, high class gentleman of Boston, married Jefferson’s granddaughter, Ellen Randolph. The following from their son gives a personal touch with which we close these quota- tions: “Tt came in the natural course of events to my mother who was the second daughter of Martha Jefferson and Governor Randolph. She was eleven years old when she moved to Monticello, where she re- mained until her twenty-seventh year, in 1825, when she married. She grew up there at the knee and by the side of the President, and being very intelligent was perhaps his favorite grandchild. Her morals and education were watched over by him with the greatest care. He directed all her studies and questioned her on all the books she read, leading her to give attention to the classics and mathematics as well as to feminine accomplishments. During all these years he never said an unkind word to any of his family, although he reproved them when he thought the occasion required it. He was full of the smallest and kind- liest attentions to the children, and delighted them with any little gifts he thought they would particularly enjoy. What seems to have struck my mother, as much as anything, was his truthfulness, and his endeavor to impress on his grandchildren that nothing could justify falsehood. He praised industry, and considered a mind always employed as the ZL~ true secret to happiness. . . . . The following anecdote, told me by my mother, may illustrate how he carried out in practice his advice to cultivate amiability at home. His son-in-law, Governor Thomas Mann Randolph, was a man of intelligence, and integrity, but of a violent temper, which was soured by the loss of his ample fortune, caused by carelessness and a mistaken kindness which led him to endorse the notes of impecunious friends. He brooded over his misfortunes and at one time became so irritable that he refused to speak to Mr. Jefferson, by whom he and his family were supported. During the time that this aberration lasted it was the practice of the President, at every meal at which the Governor was present, to address a remark to him, which, while acknowledging his presence with courtesy, required from him no answer. Can we wonder that his conversation and daily life made my mother look up to him and speak of him, even in her old age,asasaint? . . . The world has never denied his vast informa- tion, his great intellectual powers, or his devotion to his country. This short sketch will, I trust, leave on the minds of many the impression that his family and friends were right in believing him to have been as good as he was great.’’ Thomas Jefferson Coolidge. ale eeee ee : ‘ ryee eed a a Rn a a ; ; | , | He | | ) ; ] | | ; v< f ~ ; a wR A PT ee P a vy oh eee \ 4 Cd ne eet eS eee 4 } { ; | i } : a | i ! 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