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To James Madison Paris, Mar 15, 1789
DEAR SIR, -- I wrote you last on the 12th of Jan. since which I
have received yours of Octob 17, Dec 8 & 12. That of Oct. 17. came
to hand only Feb 23. How it happened to be four months on the way, I
cannot tell, as I never knew by what hand it came. Looking over my
letter of Jan 12th, I remark an error of the word "probable" instead
of "improbable," which doubtless however you had been able to
correct. Your thoughts on the subject of the Declaration of rights
in the letter of Oct 17. I have weighed with great satisfaction.
Some of them had not occurred to me before, but were acknoleged just
in the moment they were presented to my mind. In the arguments in
favor of a declaration of rights, you omit one which has great weight
with me, the legal check which it puts into the hands of the
judiciary. This is a body, which if rendered independent & kept
strictly to their own department merits great confidence for their
learning & integrity. In fact what degree of confidence would be too
much for a body composed of such men as Wythe, Blair & Pendleton? On
characters like these the "civium ardor prava jubentium" would make
no impression. I am happy to find that on the whole you are a friend
to this amendment. The Declaration of rights is like all other human
blessings alloyed with some inconveniences, and not accomplishing
fully it's object. But the good in this instance vastly overweighs
the evil. I cannot refrain from making short answers to the
objections which your letter states to have been raised.
- That the
rights in question are reserved by the manner in which the federal
powers are granted. Answer. A constitutive act may certainly be so
formed as to need no declaration of rights. The act itself has the
force of a declaration as far as it goes; and if it goes to all
material points nothing more is wanting. In the draught of a
constitution which I had once a thought of proposing in Virginia, &
printed afterwards, I endeavored to reach all the great objects of
public liberty, and did not mean to add a declaration of rights.
Probably the object was imperfectly executed; but the deficiencies
would have been supplied by others, in the course of discussion. But
in a constitutive act which leaves some precious articles unnoticed,
and raises implications against others, a declaration of rights
becomes necessary by way of supplement. This is the case of our new
federal constitution. This instrument forms us into one state as to
certain objects, and gives us a legislative & executive body for
these objects. It should therefore guard us against their abuses of
power within the field submitted to them.
- A positive declaration
of some essential rights could not be obtained in the requisite
latitude. Answer. Half a loaf is better than no bread. If we
cannot secure all our rights, let us secure what we can.
- The
limited powers of the federal government & jealousy of the
subordinate governments afford a security which exists in no other
instance. Answer. The first member of this seems resolvable into
the first objection before stated. The jealousy of the subordinate
governments is a precious reliance. But observe that those
governments are only agents. They must have principles furnished
them whereon to found their opposition. The declaration of rights
will be the text whereby they will try all the acts of the federal
government, In this view it is necessary to the federal government
also; as by the same text they may try the opposition of the
subordinate governments.
- Experience proves the inefficacy of a
bill of rights. True. But tho it is not absolutely efficacious
under all circumstances, it is of great potency always, and rarely
inefficacious. A brace the more will often keep up the building
which would have fallen with that brace the less. There is a
remarkable difference between the characters of the Inconveniences
which attend a Declaration of rights, & those which attend the want
of it. The inconveniences of the Declaration are that it may cramp
government in it's useful exertions. But the evil of this is
short-lived, trivial & reparable. The inconveniences of the want of
a Declaration are permanent, afflicting & irreparable. They are in
constant progression from bad to worse. The executive in our
governments is not the sole, it is scarcely the principal object of
my jealousy. The tyranny of the legislatures is the most formidable
dread at present, and will be for long years. That of the executive
will come in it's turn, but it will be at a remote period. I know
there are some among us who would now establish a monarchy. But they
are inconsiderable in number and weight of character. The rising
race are all republicans. We were educated in royalism; no wonder if
some of us retain that idolatry still. Our young people are educated
in republicanism, an apostasy from that to royalism is unprecedented
& impossible. I am much pleased with the prospect that a declaration
of rights will be added; and hope it will be done in that way which
will not endanger the whole frame of the government, or any essential
part of it.
I have hitherto avoided public news in my letters to you,
because your situation insured you a communication of my letters to
Mr. Jay. This circumstance being changed, I shall in future indulge
myself in these details to you. There had been some slight hopes
that an accommodation might be affected between the Turks & two
empires but these hopes do not strengthen, and the season is
approaching which will put an end to them for another campaign at
least. The accident to the King of England has had great influence
on the affairs of Europe. His mediation joined with that of Prussia,
would certainly have kept Denmark quiet, and so have left the two
empires in the hands of the Turks & Swedes. But the inactivity to
which England is reduced, leaves Denmark more free, and she will
probably go on in opposition to Sweden. The K. of Prussia too had
advanced so far that he can scarcely retire. This is rendered the
more difficult by the troubles he has excited in Poland. He cannot
well abandon the party he had brought forward there so that it is
very possible he may be engaged in the ensuing campaign. France will
be quiet this year, because this year at least is necessary for
settling her future constitution. The States will meet the 27th of
April: and the public mind will I think by that time be ripe for a
just decision of the Question whether they shall vote by orders or
persons. I think there is a majority of the nobles already for the
latter. If so, their affairs cannot but go on well. Besides
settling for themselves a tolerably free constitution, perhaps as
free a one as the nation is yet prepared to bear, they will fund
their public debts. This will give them such a credit as will enable
them to borrow any money they may want, & of course to take the field
again when they think proper. And I believe they mean to take the
field as soon as they can. The pride of every individual in the
nation suffers under the ignominies they have lately been exposed to
and I think the states general will give money for a war to wipe off
the reproach. There have arisen new bickerings between this court &
the Hague, and the papers which have passed shew the most bitter
acrimony rankling at the heart of this ministry. They have recalled
their ambassador from the Hague without appointing a successor. They
have given a note to the Diet of Poland which shews a disapprobation
of their measures. The insanity of the King of England has been
fortunate for them as it gives them time to put their house in order.
The English papers tell you the King is well: and even the English
ministry say so. They will naturally set the best foot foremost: and
they guard his person so well that it is difficult for the public to
contradict them. The King is probably better, but not well by a
great deal.
- He has been bled, and judicious physicians say that
in his exhausted state nothing could have induced a recurrence to
bleeding but symptoms of relapse.
- The Prince of Wales tells the
Irish deputation he will give them a definitive answer in some days;
but if the king had been well he could have given it at once.
-
They talk of passing a standing law for providing a regency in
similar cases. They apprehend then they are not yet clear of the
danger of wanting a regency.
- They have carried the king to
church; but it was his private chapel. If he be well why do not they
shew him publicly to the nation, & raise them from that consternation
into which they have been thrown by the prospect of being delivered
over to the profligate hands of the prince of Wales.
In short,
judging from little facts which are known in spite of their teeth the
King is better, but not well. Possibly he is getting well, but
still, time will be wanting to satisfy even the ministry that it is
not merely a lucid interval. Consequently they cannot interrupt
France this year in the settlement of her affairs, & after this year
it will be too late.
As you will be in a situation to know when the leave of absence
will be granted me which I have asked, will you be so good as to
communicate it by a line to Mr. Lewis & Mr. Eppes? I hope to see you
in the summer, and that if you are not otherwise engaged, you will
encamp with me at Monticello for awhile.
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