Thomas Jefferson: We Claim Our Rights Not from kings but from the King of Kings

Thomas Jefferson quote We Claim Our Rights Not from kings or legislators but from the King of kings

We Claim Our Rights Not from kings or legislators but from the King of kings [Click to enlarge]


FROM MONTICELLO, June 12, 1817

SIR,—Your favor of May 20th has been received some time since, but the increasing inertness of age renders me slow in obeying the calls of the writing-table, and less equal than I have been to its labors. My opinion on the right of Expatriation has been, so long ago as the year 1776, consigned to record in the act of the Virginia code, drawn by myself, recognizing the right expressly, and prescribing the mode of exercising it. The evidence of this natural right, like that of our right to life, liberty, the use of our faculties, the pursuit of happiness, is not left to the feeble and sophistical investigations of reason, but is impressed on the sense of every man. We do not claim these under the charters of kings or legislators, but under the King of kings. If he has made it a law in the nature of man to pursue his own happiness, he has left him free in the choice of place as well as mode; and we may safely call on the whole body of English jurists to produce the map on which Nature has traced, for each individual, the geographical line which she forbids him to cross in pursuit of happiness. It certainly does not exist in his mind. Where, then, is it? I believe, too, I might safely affirm, that there is not another nation, civilized or savage, which has ever denied this natural right. I doubt if there is another which refuses its exercise. I know it is allowed in some of the most respectable countries of continental Europe, nor have I ever heard of one in which it was not. How it is among our savage neighbors, who have no law but that of Nature, we all know. Though long estranged from legal reading and reasoning, and little familiar with the decisions of particular judges, I have considered that respecting the obligation of the common law in this country as a very plain one, and merely a question of document. If we are under that law, the document which made us so can surely be produced; and as far as this can be produced, so far we are subject to it, and farther we are not. Most of the States did, I believe, at an early period of their legislation, adopt the English law, common and statute, more or less in a body, as far as localities admitted of their application. In these States, then, the common law, so far as adopted, is the lev-loci [the law of the place]. Then comes the law of Congress, declaring that what is law in any State, shall be the rule of decision in their courts, as to matters arising within that State, except when controlled by their own statutes. But this law of Congress has been considered as extending to civil cases only; and that no such provision has been made for criminal ones. A similar provision, then, for criminal offences, would, in like manner, be an adoption of more or less of the common law, as part of the lex-loci, where the offence is committed; and would cover the whole field of legislation for the general government. I have turned to the passage you refer to in Judge Cooper’s Justinian, and should suppose the general expressions there used would admit of modifications conformable to this doctrine. It would alarm me indeed, in any case, to find myself entertaining an opinion different from that of a judgment so accurately organized as his. But I am quite persuaded that, whenever Judge Cooper shall be led to consider that question simply and nakedly, it is so much within his course of thinking, as liberal as logical, that, rejecting all blind and undefined obligation, he will hold to the positive and explicit precepts of the law alone. Accept these hasty sentiments on the subjects you propose, as hazarded in proof of my great esteem and respect.

NOTE: When the founding fathers or framers of the Republic of the United States spoke of the “general government” they were referring to what we now know as the “federal government”

Sources: The Writings of Jefferson by Thomas Jefferson

Copyright © 2010 – 2015 TeaPartyEdu Foundation Truths The Patriot Brotherhood @CaptainJDavis ™

Thomas Jefferson and John Adams Explain Why Muslims Turn to Terrorism

Jefferson quote concerning the advantages of serving Jesus

Thomas Jefferson concerning the advantages of Jesus’ mission  [Click to enlarge]


The first countries to declare war on the newly formed United States were the Muslim Barbary States of North Africa….From 1783, until the Presidency of George Washington in 1789, the newborn Republic had no strong central authority, and that is when the Barbary pirates struck.

In 1784 Congress voted to send Thomas Jefferson to Europe in order to join John Adams and Benjamin Franklin who were already there.  These three Ministers Plenipotentiary [Ministers Plenipotentiary: a person, especially a diplomat, invested with the full power of independent action on behalf of their government, typically in a foreign country.] were tasked with negotiating various treaties with other nations / states that would benefit the United States of America in her infancy. These treaties needed to be negotiated due to the colonies breaking away from the mother countries and gaining independence from Britain in the American Revolutionary War of Independence.

These treaties allowed for transactions of commerce with other nations, and in the context of the Barbary States were negotiated to stop the attacks on American merchant ships, the capturing, ransoming, and enslaving of American sailors by the Musselmen or Barbary pirates {i.e. Muslims] who believed it their god-given right to “tax”, kill or sell into slavery non-believers as the Ambassador of Tripoli told Thomas Jefferson, when Jefferson asked him on what grounds the Barbary state Muslims felt they had a right to attack unprovoked the ships, sailors and merchants from other nations. [See letter from Jefferson & Adams to John Jay dated March 28, 1786, relating their conversation below; According to the appeasers in the democrat party and Obama, Muslim Terrorists have been misinterpreting the Qu’ran for centuries. The Barbary states started attacking vessels of Christian nations and the nations themselves almost since they killed, enslaved and conquered the Roman Catholics and other christian governments in the Muslim Conquests of North Africa]

Before I go further: In the last year I have heard two different ex-jihadi Islamic terrorists refer to what the Islamists taught them. Not only were they taught by the mosques that they would go to paradise and have 72 virgins. They were also taught that if they died while killing the infidel, [non-Muslims] not only would they go to heaven “without judgement” so would all of their family. Now that’s a pretty strong teaching , if you were already of such loose morals, you could kill those who were doing nothing to harm you, it would be a strong draw. For the White House to suggest the Muslim terrorists commit atrocities because of they have no jobs, or they come from poor neighborhoods etc., is just ignoring the facts. The Muslim who beheaded the woman in Moore Okla., had a job, the Ft. Hood shooter had a career. the 19 hijackers that flew the planes into the World Trade Towers were mainly from rich or well-to-do families. So we can brush that aside, as an excuse for their behavior.  They are motivated by a religion that promotes ungodliness, selfishness and that reflects the basest thoughts and feelings of humanity. They are not motivated by economics, unless those economics help them in their jihadist cause.

If we analyze why this would be a draw to the Muslim terrorists, who without conscience commit the brutal acts they do in the name of their god. It is because they are selfish individuals to begin with, they also are susceptible to their basest lusts. Inspired because of the 72 virgins they will receive after death shows their basic lusts. Never mind all of the women and little girls they have been raping or forcing into marriage, the 72 virgins should be enough to convince people that these Muslim terrorists are motivated by their fleshy. carnal nature. The fact they are drawn by the teaching they will go to heaven “without judgement” shows how they are motivated by selfishness, which is also a part of mans carnal nature.  As I have said elsewhere, the Islamic terrorists are following in the footsteps of Mohammed who was the original and first Islamic terrorist.

The story of Mohammed’s aggression has been documented in detail by his biographers, – surprise raids on trade caravans and tribal settlements, the use of plunder thus obtained for recruiting an ever growing army of greedy desperadoes, assassinations of opponents, blackmail. He ordered the expulsion and massacre of the Jews of Medina, attack and enslavement of the Jews of Khayber, rape of women and children, sale of these victims after rape, trickery, treachery and bribery employed to their fullest extent to grow the numbers of his religion  He organized no less than 86 expeditions, 26 of which he led himself.

At the Battle of Badr, Mohammed after gaining the victory ordered those slain, who he considered “infidels” to be buried in a well in the area of Badr, as his Muslim followers were dumping the dead bodies of those they had killed, Mohammed is said to have stood at the mouth of the well and naming the dead one by one, demanded of them if they had found the promises of God true, as he had done. “You were a bad kindred to your prophet,” said he; “others declared me true, but you called me a liar and drove me from my native place, while strangers gave me protection.” The Muslim followers interrupted him by asking if he addressed the dead. “They hear me as well as you do”, he replied, “although they cannot answer, and they now find true what I formerly declared to them.” This shows Mohammed was also motivated by self-aggrandizement, which is also a base trait of the carnal man.

I’ve heard various Muslims like Dr. Zuhdi Jasser, Ayaan Hirsi Ali, and others talk about how there needs to be a reformation of, or in Islam like there was in Judaism or in Christianity. One thing about the reformation in Christianity. Christian reformation happened to 1. get the sacred scriptures into hands of the people, and 2, to get back to the simplicity of Christ’ teaching and to follow his example and words. How can a reformation of Islam do the same as the Christian reformation, if people continue to follow example of Mohammed and the Quran? It would seem to me, if you want a true religion of peace, with a man of peace to follow, real reform of Islam would be Christianity! If you have reform of Islam and get rid of all the teachings of fundamental Mohammedeans you would have to discard the Quran, or else you take the risk in the future of young men reading the Quran & once again following the example set forth by founder. The founder of Islam being Mohammed, just how do you reform Islam into a religion of peace when its founder was a man of war? The growth and spread of Islam has always been accompanied by the sword. It is a teaching that appeals to what is base & corrupt in man.

Extract from the Secret Journal of Foreign Affairs, May 7th, 1784

“Mr. John Jay was elected Secretary for Foreign Affairs, having been previously nominated by Mr. Gerry. On motion of Mr. Hardy, seconded by Mr. Gerry,

Resolved, That a Minister Plenipotentiary be appointed in addition to Mr. John Adams and Mr. Benjamin Franklin, for the purpose of negotiating treaties of commerce.

Congress proceeded to the election, and the ballots being taken; Mr. Thomas Jefferson was elected, having been previously nominated by Mr. Hardy.

Instructions [were sent] to the Ministers of the United States for making peace with Great Britain, dated May 30th, 1783.

Instructions [were sent] to the Ministers Plenipotentiary of the United States of America at the Court of Versailles, empowered to negotiate a peace, &c, dated the 29th of October, 1783, May 7th, 1784, and May 11th, 1784.

On the report of the Committee, to whom was recommitted the report on sundry letters from the Ministers of the United States in Europe, Congress came to the following resolutions:

Whereas, instructions bearing date the 29th day of October, 1783 were sent to the Ministers Plenipotentiary of the United States of America at the Court of Versailles, empowered to negotiate a peace, or to any one or more of them, for concerting drafts or proposition for treaties of amity and commerce with the commercial powers of Europe:

Resolved, That it will be advantageous to these United States to conclude such treaties with Russia, the Court of Vienna, Prussia Denmark, Saxony, Hamburg, Great Britain, Spain, Portugal, Genoa, Tuscany, Rome, Naples, Venice, Sardinia, and the Ottoman Porte.

The attitude of Muslim terrorists has scarcely changed since the time of Mohammed. Again, according to the appeasers in the democrat party and Obama, Muslim Terrorists have been misinterpreting the Qu’ran for centuries.


Grosvenor Square, March 28, 1786.


Soon after the arrival of Mr. Jefferson in London, we had a conference with the Ambassador of Tripoli at his house.

The amount of all the information we can obtain from him was, that a perpetual peace was in all respects the most advisable, because a temporary treaty would leave room for increasing demands upon every renewal of it, and a stipulation for annual payments would be liable to failures of performance, which would renew the war, repeat the negotiations, and continually augment the claims of his nation; and the difference of expense would by no means be adequate to the inconvenience, since 12,500 guineas to his constituents, with ten per cent. upon that sum for himself, must be paid if the treaty was made for only one year.

That 30,000 guineas for his employers, and £3,000 for himself, was the lowest terms upon which a perpetual peace could be made; and that this must be paid in cash on the delivery of the treaty, signed by his Sovereign; that no kind of merchandizes could be accepted.

That Tunis would treat upon the same terms, but he could not answer for Algiers or Morocco.

We [Adams & Jefferson] took the liberty to make some enquiries concerning the ground of their pretensions to make war upon nations who had done them no injury, and observed that we considered all mankind as our friends who had done us no wrong, nor had given us any provocation.  [Note they clarify “nations who have done them [i.e. Muslim Barbary States] no injury”]

The Ambassador answered us that it was founded on the laws of their prophet [i.e. Mohammed]; that it was written in their Koran; that all nations who should not have acknowledged their authority were sinners; that it was their right and duty to make war upon them wherever they could be found, and to make slaves of all they could take as prisoners; and that every Mussulman [Muslims] who was slain in battle was sure to go to Paradise.

That it was a law that the first who boarded an enemy’s vessel should have one slave more than his share with the rest, which operated as an incentive to the most desperate valor and enterprize; that it was the practice of their corsairs to bear down upon a ship, for each sailor to take a dagger in each hand and another in his mouth, and leap on board, which so terrified their enemies that very few ever stood against them; that he verily believed the devil assisted his countrymen, for they were almost always successful. We took time to consider, and promised an answer; but we can give him no other than that the demands exceed our expectation and that of Congress so much that we can proceed no further without fresh instructions.

There is but one possible way that we know of to procure the money, if Congress should authorize us to go to the necessary expense; and that is to borrow it in Holland. We are not certain it can be had there, but if Congress should order us to make the best terms we can with Tunis, Tripoli, and Morocco, and to procure this money wherever we can find it, upon terms like those of the last loan in Holland, our best endeavor shall be used to remove this formidable obstacle out of the way of the prosperity of the United States.

Enclosed is a copy of a letter from Paul R. Randall, Esq., at Barcelona. The last from Mr. Barclay was dated Bayonne. It is hoped we shall soon have news from Algiers and Morocco, and we wish it may not be made more disagreeable than this from Tunis and Tripoli.


Overview of actions by Thomas Jefferson, the first President to declare war on Muslim Terrorists

Muslims who kept attacking the people of the United States for no other reason than the teachings of their false prophet Mohammed told them too. The Islamic Terrorist Muslims didn’t need the excuses the democrat party, Obama and the liberal leftists in the United States now give them, Muslim terrorists need no further provocation than the fact the United States of America exists, the people in the U.S.A. are not followers of Islam, the U.S.A. is founded on Christian principles, we are infidels and therefore are to be subjugated, enslaved, or put to the sword. It is really that simple, we exist, therefore we are their enemies.

Begin overview:

Before the United States obtained its independence in the American Revolution, 1775-83, American merchant ships and sailors had been protected from the ravages of the North African pirates by the naval and diplomatic power of Great Britain. British naval power and the tribute or subsidies Britain paid to the piratical states protected American vessels and crews. During the Revolution, the ships of the United States were protected by the 1778 alliance with France, which required the French nation to protect “American vessels and effects against all violence, insults, attacks, or depredations, on the part of the said Princes and States of Barbary or their subjects.” After the United States won its independence in the treaty of 1783, it had to protect its own commerce against dangers such as the Barbary pirates. As early as 1784 Congress followed the tradition of the European shipping powers and appropriated $80,000 as tribute to the Barbary states, directing its ministers in Europe, Thomas Jefferson and John Adams, to begin negotiations with them. Trouble began the next year, in July 1785, when Algerians captured two American ships and the dey of Algiers held their crews of twenty-one people for a ransom of nearly $60,000. Thomas Jefferson, United States minister to France, opposed the payment of tribute, as he later testified in words that have a particular resonance today. In his autobiography Jefferson wrote that in 1785 and 1786 he unsuccessfully “endeavored to form an association of the powers subject to habitual depredation from them. I accordingly prepared, and proposed to their ministers at Paris, for consultation with their governments, articles of a special confederation.” Jefferson argued that “The object of the convention shall be to compel the piratical States to perpetual peace.” Jefferson prepared a detailed plan for the interested states. “Portugal, Naples, the two Sicilies, Venice, Malta, Denmark and Sweden were favorably disposed to such an association,” Jefferson remembered, but there were “apprehensions” that England and France would follow their own paths, “and so it fell through.” Paying the ransom would only lead to further demands, Jefferson argued in letters to future presidents John Adams, then America’s minister to Great Britain, and James Monroe, then a member of Congress. As Jefferson wrote to Adams in a July 11, 1786, letter, “I acknolege [sic] I very early thought it would be best to effect a peace thro’ the medium of war.” Paying tribute will merely invite more demands, and even if a coalition proves workable, the only solution is a strong navy that can reach the pirates, Jefferson argued in an August 18, 1786, letter to James Monroe: “The states must see the rod; perhaps it must be felt by some one of them. . . . Every national citizen must wish to see an effective instrument of coercion, and should fear to see it on any other element than the water. A naval force can never endanger our liberties, nor occasion bloodshed; a land force would do both.” “From what I learn from the temper of my countrymen and their tenaciousness of their money,” Jefferson added in a December 26, 1786, letter to the president of Yale College, Ezra Stiles, “it will be more easy to raise ships and men to fight these pirates into reason, than money to bribe them.” Jefferson’s plan for an international coalition foundered on the shoals of indifference and a belief that it was cheaper to pay the tribute than fight a war. The United States’s relations with the Barbary states continued to revolve around negotiations for ransom of American ships and sailors and the payment of annual tributes or gifts. Even though Secretary of State Jefferson declared to Thomas Barclay, American consul to Morocco, in a May 13, 1791, letter of instructions for a new treaty with Morocco that it is “lastly our determination to prefer war in all cases to tribute under any form, and to any people whatever,” the United States continued to negotiate for cash settlements. In 1795 alone the United States was forced to pay nearly a million dollars in cash, naval stores, and a frigate to ransom 115 sailors from the dey of Algiers. Annual gifts were settled by treaty on Algiers, Morocco, Tunis, and Tripoli. When Jefferson became president in 1801 he refused to accede to Tripoli’s demands for an immediate payment of $225,000 and an annual payment of $25,000. The pasha of Tripoli then declared war on the United States. Although as secretary of state and vice president he had opposed developing an American navy capable of anything more than coastal defense, President Jefferson dispatched a squadron of naval vessels to the Mediterranean. As he declared in his first annual message to Congress: “To this state of general peace with which we have been blessed, one only exception exists. Tripoli, the least considerable of the Barbary States, had come forward with demands unfounded either in right or in compact, and had permitted itself to denounce war, on our failure to comply before a given day. The style of the demand admitted but one answer. I sent a small squadron of frigates into the Mediterranean. . . .” The American show of force quickly awed Tunis and Algiers into breaking their alliance with Tripoli. The humiliating loss of the frigate Philadelphia and the capture of her captain and crew in Tripoli in 1803, criticism from his political opponents, and even opposition within his own cabinet did not deter Jefferson from his chosen course during four years of war. The aggressive action of Commodore Edward Preble (1803-4) forced Morocco out of the fight and his five bombardments of Tripoli restored some order to the Mediterranean. However, it was not until 1805, when an American fleet under Commodore John Rogers and a land force raised by an American naval agent to the Barbary powers, Captain William Eaton, threatened to capture Tripoli and install the brother of Tripoli’s pasha on the throne, that a treaty brought an end to the hostilities. Negotiated by Tobias Lear, former secretary to President Washington and now consul general in Algiers, the treaty of 1805 still required the United States to pay a ransom of $60,000 for each of the sailors held by the dey of Algiers, and so it went without Senatorial consent until April 1806. Nevertheless, Jefferson was able to report in his sixth annual message to Congress in December 1806 that in addition to the successful completion of the Lewis and Clark expedition, “The states on the coast of Barbary seem generally disposed at present to respect our peace and friendship.” In fact, it was not until the second war with Algiers, in 1815, that naval victories by Commodores William Bainbridge and Stephen Decatur led to treaties ending all tribute payments by the United States. European nations continued annual payments until the 1830s. However, international piracy in Atlantic and Mediterranean waters declined during this time under pressure from the Euro-American nations, who no longer viewed pirate states as mere annoyances during peacetime and potential allies during war.


The cowardice of the Muslims were exhibited back then, just as it is today. The Jihadists attack only those who are ill equipped to defend themselves or attack only by subterfuge, then they hide behind women, children and civilians. Until very recently the so called moderates had not stood against the Jihadis with the rest of the world. 

Overview of War with the Barbary Muslim States

Congress declared war on Tripoli during the first Presidential term of Thomas Jefferson who as shown above was completely against paying tribute to the Muslims to keep them from attacking American interests. Jefferson wanted to annihilate them. See Thomas Jefferson First Annual Message as President December 1801

While we were thus broadening our territories at home, we were having trouble abroad with no less formidable enemies than Algerine pirates who infested the Mediterranean Sea, and all the coasts of southern Europe. The Barbary States, you know, comprise the countries of Algiers, Morocco, Tunis, and Tripoli, and are formed of a narrow strip of land in northeastern Africa. They are inhabited by Moors, Turks, Arabs, and a sprinkling of Jews. The principal religion is that of Mohammed, and they were sworn enemies to all Christian nations. For years the pirates of the Barbary States, or, as they were generally called, ” Algerine pirates,” had been a terror to every merchant vessel who came to trade with the countries near the Mediterranean. Any unlucky, ship, which found itself near the Atlantic coast of Africa, might see at any moment an odd-looking boat with long lateen sails, swooping down upon her from some sheltered inlet or harbor, where she had lain at watch for her prey. In a twinkling she would sail alongside the merchantman, grapple her, drop her long sails over the vessel’s side, and a host of swarthy, turbaned Moors, with bare, sharp sabres held between their teeth, belts stuck thick with knives and pistols, would come swarming over from sails and rigging, boarding their prize from all sides at once. The merchantman, with a crew untrained to fighting, would surrender. Every man on board would be made prisoner, and carried to Algiers or Tripoli to be held for the payment of a large ransom. If this sum were not paid they were sold as slaves in the public marketplaces.

It is wonderful [amazing], when we read of this thing, to see the terror in which these miserable, half clad pirates held half a dozen European nations. Italy feared them as a mouse fears a cat; Holland and Sweden trembled at the name of Algiers; Denmark paid them yearly a large tribute; the only nation of whom they stood in awe was England. For her, they had some respect, as one of their proverbs, “as hard-headed as an Englishman,” testifies.

When the pirates found America had become an independent nation, they immediately made demands on the government to pay them tribute. The Emperor of Morocco, Dey of Algiers, Bey of Tunis, and Bashaw of Tripoli (such were the high sounding titles of these squalid potentates) all thought they had found a new nation weak enough to submit to their piratical demands. And at first the United States did submit in the most astonishing manner. They sent consuls to the Barbary States to arrange on the amount of money or presents to be given these rulers to buy their favor and exempt our ships from their plunder. General Eaton, an officer who had served in the Revolutionary War, was one of these consuls, and very indignant he wiis at the manner in which his government submitted to the demands of these barbarians. When he called to see the Bey of Tunis, he was ordered to take off his shoes in the anteroom, and enter In his stocking feet. When he approached the bey in the stifling little den only eight by twelve, which served for grand audience chamber, he was ordered to “kiss his majesty’s hand.” “Having performed this ceremony,” says the bluff old soldier, “we were allowed to take our shoes and other property and depart, without any other injury than the humiliation of being obliged in this way to violate one of God’s commandments and offend common decency.”

These potentates of Barbary were constantly begging. They asked for ships, gunpowder, arms, cloth, and jewels from our consuls. General Eaton says, while he lived in the consulate at Tunis, not only the bey, but his minister and half a dozen officers of his court, sent for their coffee, spices, sugar, and other groceries, to the American house, demanding it as tribute. Once the bey saw there a handsome looking-glass, for which he sent next day, and the American consul could do no better than pack it off to him. If he refused to comply with any demand, the bey threatened to let his pirates loose on the American trading vessels. Here is a specimen of the letters sent by this prince of pirates to the Danish consul.

“On account of the long friendship subsisting between us we take the liberty to give you a commission for sundry articles, naval and military, which I find indispensable. I give you six months to answer this letter, and one year to forward the goods. And remember, if we do not hear from you we know what steps to take.”

As demand followed demand, and our consuls found it was like filling a bottomless tub with water to satisfy these fellows, they began to demur.

“When will these demands end?” asked United States Consul Cathcart of the Bashaw of Tripoli. “Never! They will never be at an end,” answered the bashaw, coolly. “Then I will declare war on my own responsibility,” said the consul. And so finally war was declared.

In 1804 the American squadron, under Commodore Preble, was sent into the Mediterranean, and bombarded the city of Tripoli. they arrived shortly after the pirates had captured the American ship Philadelphia. The officers and crew of the captured vessel were taken to Tripoli and a ransom of five hundred dollars a head placed on each man. The Philadelphia was anchored in the harbor in plain sight of the town.

One of the officers on Preble’s ship, young Stephen Decatur, begged to be allowed to destroy the Philadelphia, in order that the pirates might not be able to use her in their war against the United States. Permission was given him, and Decatur took a party of picked men and started on his adventure. He first captured a boat belonging to the pirates which was loaded with a cargo of women slaves they were sending to the markets of Constantinople. This vessel he fitted up and new baptized The Intrepid. She sailed into the harbor of Tripoli one midnight with all her crew, Lieutenant Decatur, except the man at the helm, lying flat on their faces on the deck. The ship was hailed, but her captain gave plausible answers till they reached the side of the Philadelphia. In a moment Decatur and his crew had boarded her, and throwing over the deck pitch, tarred cloth, and all sorts of combustibles, set fire to her. Before the enemy had recovered from their surprise, the Intrepid with all sails spread was outside the harbor, which was lighted up as brightly as noonday by the burning ship. Decatur lost not one man, while the Tripolitans lost twenty, or nearly that number, who were surprised on the ship, and part of whom were drowned from leaping off the burning vessel.


Decatur burning the Philadelphia

In the mean time General Eaton Eaton forms a convention with Hamet, the expelled bashaw of Tripoli, for the subjugation of that government: an army is raised in Egypt, and Eaton appointed general under Hamet: from Egypt they cross a desert 1000 miles in extent, to Derne, a Tripolitan city on the Mediterranean, which they attack and carry, in which Eaton is wounded, another battle is fought, and Eaton again victorious, June 10, 1805: the bashaw offers terms of peace, which are, acceded to, and 200 prisoners were given up.


Lieutenant Decatur

The American valor in this war had the good effect of convincing the pirates that the United States was not a country to be trifled with. They said we were too much like the English, and for the present no more demands were made for either ships or jewels as presents, by these autocrats of the seas.

  On the breaking out of the war between the United States and England in 1812, the Algerines and their associates seized all the American ships that came in their way. On the conclusion of peace, in 1815, the United States’ government determined to put an end to the disgraceful system of piracy by the Muslim Barbary States. An American squadron under Commodore Decatur was dispatched to the Mediterranean. Two Algerian ships of war were taken by Decatur, immediately after passing the Straits of Gibraltar. He then suddenly made his appearance before Algiers.

  The Dey, terrified by these unexpected movements, was glad to make peace on any terms, and a treaty was dictated by the American commodore. The Dey was compelled to make indemnity for the spoliations committed on American commerce, to renounce all claim of tribute from the United States, and give up all the Christian prisoners without ransom. The other Barbary powers were struck with a panic at the fate of Algiers, and agreed to the same terms. Thus the United States of America was the first Christian nation that threw off the disgraceful servitude of paying tribute to the pirates of the Mediterranean.

 The European nations were ashamed any longer to submit to the yoke, and the Congress of Vienna resolved to put an end to Christian slavery in Barbary. In pursuance of this determination, a British fleet, under Lord Exmouth, bombarded Algiers in 1816, and compelled the Dey to submit, as he had done to the Americans.

 The Barbary states after this remained quiet; but in 1827 the French became involved in a quarrel with the Algerines, and in 1830 a powerful armament was sent from France, which took possession of Algiers. The Dey was deprived of his authority, and allowed to go into exile’ in foreign parts. The French established themselves permanently in the city.

A note from the Ancient Historian John Foxe;

It is amazing when reading Foxe’s accounts, after 13 1/2 centuries the Muslims have done little to change their tactics and techniques, both “moderate” and extremists.


In no part of the globe are Christians so hated, or treated with such severity, as at Algiers. The conduct of the Algerines towards them is marked with perfidy and cruelty. By paying a most exorbitant fine, some Christians are allowed the title of Free Christians; these are permitted to dress in the fashion of their respective countries, but the Christian slaves are obliged to wear a coarse grey suit, and a seaman’s cap.

The following are the various punishments exercised towards them: 1. If they join any of the natives in open rebellion, they are strangled with a bow-string, or hanged on an iron hook. 2. If they speak against Mahomet, they must become Mahometans, or be impaled alive. 3. If they profess Christianity again, after having changed to the Mahometan persuasion, they are roasted alive, or thrown from the city walls, and caught upon large sharp hooks, on which they hang till they expire. 4. If they kill a Turk they are burnt. 5. If they attempt to escape, and are retaken, they suffer death in the following manner: they are hung naked on a high gallows by two hooks, the one fastened quite through the palm of one hand, and the other through the sole of the opposite foot, where they are left till death relieves them. Other punishments for crimes committed by the Christians are left to the discretion of the judges, who usually decree the most barbarous tortures.

At Tunis, if a Christian is caught in attempting to escape, his limbs are all broken; and if he slay his master, he is fastened to the tail of a horse, and dragged about the streets till he expires.

Fez and Morocco conjointly form an empire, and are the most considerable of the Barbary states. The Christian slaves are treated with the greatest rigour: the rich have exorbitant ransoms fixed upon them; the poor are hard worked and half starved, and sometimes, by the emperor, or their brutal masters, they are murdered.

Sources: The Diplomatic Correspondence of the United States of America from the signing of the Definitive Treaty of Peace, dated September 10, 1783; to the Adoption of the Constitution, March 4, 1789. Published under the direction of the Secretary of State, from the original Manuscript in the Department of State, conformably to an Act of Congress, approved May 6,1832.
America and the Barbary Pirates: An International Battle Against an Unconventional Foe by Gerard W. Gawalt, Library of Congress online.
Islam vs the United States by Niall Kilkenny, 2009
A History of Africa by Samuel Griswold Goodrich; 1850
The History of Our Country from Its Discovery by Columbus to the Celebration of the Centennial Anniversary of its Declaration of Independence. by Abby Sage Richardson; 1875

Copyright © 2010 – 2015 TeaPartyEdu Foundation Truths The Patriot Brotherhood @CaptainJDavis ™

Thomas Jefferson Constitutional Powers Usurped by the Supreme Court

Thomas Jefferson Supreme Court Usurpation of Power (Click to enlarge)

Thomas Jefferson Supreme Court Usurpation of Power (Click to enlarge)

For anyone who doesn’t know the Supreme Court itself in the United States has become Unconstitutional, from ruling things Constitutional that are anything but, to assuming powers not delegated to it by the Federal Constitution, nor intended for it by the Framers. Wake up people! The House of Representatives in Congress are the People’s Power in the Federal Government. The Senate and Senators represent their respective states and the interest of those states. When you let the Executive or Senate Encroach you nullify that Power. The People’s Power: One of the House of Representatives Powers is of the Purse i.e. Funding or Defunding those things the Executive branch puts forth. People you’re letting the Media con you into thinking a government shut down because of funding disputes is a bad thing. The people are the real power in the United States, we are the final arbitrators of the Constitution. If we find the things the Executive, Legislative or Judicial powers of the United States are doing to be Unconstitutional, we can view them as null and void ourselves. We don’t need the Supreme Court to rule them Unconstitutional.  The Constitution begins with:

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

It does not say We the Executive, We the Legislature, or We the Judiciary, it says WE THE PEOPLE!

“All power is originally vested in, and consequently derived from, the people. That government is instituted and ought to be exercised for the benefit of the people; which consists in the enjoyment of life and liberty and the right of acquiring property, and generally of pursuing and obtaining happiness and safety. That the people have an indubitable, unalienable, and indefeasible right to reform or change their government whenever it be found adverse or inadequate to the purpose of its institution.” ~ James Madison; June 8, 1789


Article IX of the Constitution says: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

Article X says: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

In a letter to Mr. M. M. Coray, under date of October 21, 1823, Thomas Jefferson said:

At the establishment of our Constitution the judiciary bodies were supposed to be the most helpless and harmless members of the Government. Experience, however, soon showed in what way they were to become the most dangerous; that the insufficiency of the means provided for their removal gave them a free hold and irresponsibility in office; that their decisions, seeming to concern individual suitors, only passed silent and unheeded by the public at large; that these decisions, nevertheless, become law by precedent, sapping by little and little the foundations of the Constitution and working its change by construction before any has perceived that that invisible and helpless worm had been visibly employed in consuming its substance.

“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 definitions of the powers which that instrument gives. It specifies and delineates the operations permitted 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 Judges may pass the sentence. Nothing is more likely than that their enumeration of powers is defective. This is the ordinary case of all human works. Let us then go on perfecting it, by adding, by way of amendment to the Constitution those powers which time and trial show are still wanting.”Thomas Jefferson to Wilson C. Nicholas,Writings of Jefferson, Paul L. Ford Ed., viii. 247. (Monticello, Sep. 1803.)

Thomas Jefferson in a letter to Judge Roane

Popular Forest, September 6, 1819.

Dear Sir,—I had read in the Enquirer, and with great approbation, the pieces signed Hampden, and have read them again with redoubled approbation, in the copies you have been so kind as to send me. I subscribe to every title of them. They contain the true principles of the revolution of 1800, for that was as real a revolution in the principles of our government as that of 1776 was in its form ; not effected indeed by the sword, as that, but by the rational and peaceable instrument of reform, the suffrage of the people. The nation declared its will by dismissing functionaries of one principle, and electing those of another, in the two branches, executive and legislative, submitted to their election. Over the judiciary department, the constitution had deprived them of their control. That, therefore, has continued the reprobated system, and although new matter has been occasionally incorporated into the old, yet the leaven of the old mass seems to assimilate to itself the new, and after twenty years’ confirmation of the federated system by the voice of the nation, declared through the medium of elections, we find the judiciary on every occasion, still driving us into consolidation.

In denying the right they [the Supreme Court] usurp [comandeer; take a position of power or importance illegally or by force] of exclusively explaining the constitution, I go further than you do, if I understand rightly your quotation from the Federalist, of an opinion that ” the judiciary is the last resort in relation to the other departments of the government, but not in relation to the rights of the parties to the compact under which the judiciary is derived.” If this opinion be sound, then indeed is our constitution a complete felo de se [one who commits suicide or who dies from the effects of having committed an unlawful malicious act: an act of deliberate self-destruction.]. For intending to establish three departments, co-ordinate and independent, that they might check and balance one another, it has given, according to this opinion, to one of them alone, the right to prescribe rules for the government of the others, and to that one too, which is unelected by, and independent of the nation. For experience has already shown that the impeachment it has provided is not even a scare-crow; that such opinions as the one you combat, sent cautiously out, as you observe also, by detachment, not belonging to the case often, but sought for out of it, as if to rally the public opinion beforehand to their views, and to indicate the line they are to walk in, have been so quietly passed over as never to have excited animadversion, even in a speech of any one of the body entrusted with impeachment. The constitution, on this hypothesis, is a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they please. It should be remembered, as an axiom of eternal truth in politics, that whatever power in any government is independent, is absolute also ; in theory only, at first, while the spirit of the people is up, but in practice, as fast as that relaxes. Independence can be trusted nowhere but with the people in mass. They are inherently independent of all but moral law. My construction of the constitution is very different from that you quote. It is that each 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 principles which governed them.

Thomas Jefferson: Confidence in Government (Click to enlarge)

Thomas Jefferson: Confidence in Government; Sedition Act (Click to enlarge)

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 pardon committed to executive discretion, which could never be more properly 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. In the 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 need, it is in posse [what is possible] only, but not in esse [what is real], and I withheld delivery of the commissions. They cannot issue a mandamus [“writ of mandate” which orders a public agency or governmental body to perform an act required by law when it has neglected or refused to do] to the President or legislature, or to any of their officers. [The constitution controlling the common law in this particular.]

When the British treaty arrived, without any provision against the impressments [recruitment by force] of our seamen, I determined not to ratify it. The 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 necessary to confirm a treaty, but not to reject it. This has been blamed by some; but I have never doubted its soundness. In the cases of two persons, antenati [ancestors], 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 ascendancy.

These are examples of my position, that each of the three departments has equally the right to decide for itself what is its duty under the constitution, without any regard to what the others may have decided for themselves under a similar question. But you intimate a wish that my opinion should be known on this subject. No, dear Sir, I withdraw from all contests of opinion, and resign everything cheerfully to the generation now in place. They are wiser than we were, and their successors will be wiser than they, from the progressive advance of science. Tranquillity is the summum bonum [the highest good] of age. I wish, therefore, to offend no man’s opinion, nor to draw disquieting animadversions [criticism or censure] on my own. While duty required it, I met opposition with a firm and fearless step. But loving mankind in my individual relations with them, I pray to be permitted to depart in their peace; and like the superannuated [old fashioned, out of date] soldier, “quadragenis stipendiis emeritus”[not sure on translation: “After forty serving their terms, retire”] to hang my arms on the post. I have unwisely, I fear, embarked in an enterprise of great public concern, but not to be accomplished within my term, without their liberal and prompt support. A severe illness the last year, and another from which I am just emerged, admonish me that repetitions may be expected, against which a declining frame cannot long bear up. I am anxious, therefore, to get our University so far advanced as may encourage the public to persevere to its final accomplishment. That secured, I shall sing my nunc demittis [the prayer of Simeon in Luke 2:29–32]. I hope your labors will be long continued in the spirit in which they have always been exercised, in maintenance of those principles on which I verily believe the future happiness of our country essentially depends. I salute you with affectionate and great respect.

In a letter to Thomas Ritchie, under date of December 25, 1820, Mr. Jefferson said: “But it is not from this branch of government [the House of Representatives] we have most to fear. Taxes and short elections will keep them right.

“The judiciary of the United States is the subtle corps of sappers and miners constantly working underground to undermine the foundations of our constitutional fabric. They are construing our Constitution from a coordination of a general [federal] and special [local] government to a general and supreme one alone. This will lay all things at their feet, and they are too well versed in English law to forget the maxim, ‘Boni judicis est ampliare jurisdictionem.’ [‘it is the duty of a good judge to enlarge his jurisdiction.’ It denotes that a good judge’s duty is to amplify the remedies of the law] We shall see if they are bold enough to take the daring strides these five lawyers (judges) have lately taken. Having found from experience that impeachment is an impracticable thing, a mere scarecrow, they consider themselves secure for life; they skulk for responsibility to public opinion, the only remaining hold upon them, under a practice first introduced into England by Lord Mansfield. An opinion is huddled up in conclave (perhaps by a majority of one), delivered as if unanimous, and with the silent acquiescence of lazy or timid associates by a crafty chief judge (Marshall), who sophisticates the law to his mind by the turn of his own reasoning. A judiciary law was once reported by the Attorney General to Congress requiring each judge to deliver his opinion seriatim and openly, and then to give it in writing to the clerk to be entered on the record. A judiciary independent of a king or executive alone is a good thing, but independence of the will of the nation is a solecism, at least in a republican government.”

In a letter to Archibald Thweat. under date of January 19, 1821, Mr. Jefferson further said:

I am sensible of the inroads daily making by the Federal into the jurisdiction of its coordinate associates, the State governments. The legislative and executive branches may sometime err, but elections and dependents will bring them to rights. The judiciary branch is the instrument which, working like gravity, without intermission, is to press us at last into one consolidated mass. Against this I know no one who, equally with Judge Roane himself, possesses the power and the courage to make resistance, and to him I look and have long looked as our strongest bulwark. If Congress fails to shield the States from danger so palpable and so imminent, the States must shield themselves, and meet the invader foot to foot.

In a letter to Mr. C. Hammond, under date of August 18, 1821, Mr. Jefferson declared:

“It has long, however, been my opinion, and I have never shrunk from its expression, that the germ of dissolution of our Federal Government is in the constitution of the Federal judiciary, an irresponsible body, working like gravity by night and by day, gaining a little to-day and a little to-morrow, and advancing its noiseless steps like a thief over the field of jurisdiction, until all shall be usurped from the States and the government of all be consolidated into one. To this I am opposed, because when all governments, domestic and foreign, in little as in great things, shall be drawn to Washington as the center of all power, it will render powerless the check provided of one government on another, and will become as venal and oppressive as the Government from which we separated. It will be as in Europe, where every man must either be pike or gudgeon, hammer or anvil. Our functionaries and theirs are wares from the same workshop, made of the same material and by the same hand. If the States look with apathy on this silent descent of their Government into the gulf which is to swallow all, we have only to weep over the human character formed uncontrollable but by a rod of iron, and the blasphemers of man as incapable of self-government become his true historians.”

In a letter to Colonel Nicholas, under date of December 11, 1821, Mr. Jefferson said:

“I fear, dear sir, we are now in such another crisis, with this difference only, that the judiciary branch is alone and single handed in the present assaults on the Constitution. But its assaults are more sure and deadly as from an agent seemingly passive and unassuming. May you and your contemporaries meet them with the same determination and effect that your father and his did the alien and sedition laws, and preserve inviolate a Constitution which, cherished in all its chastity and purity, will prove in the end a blessing to all the nations of the earth.”

In a letter to William T. Barry, under date of July 2, 1822, Mr. Jefferson said:

“We already see the power installed for life, responsible to no authority, advancing with a noiseless and steady pace to the great object of consolidation. The foundations are already deeply laid by their decisions for the annihilation of constitutional States’ rights and the removal of every check, every counterpoise, to the engulfing power of which themselves are to make a sovereign part. If ever this vast country is brought under a single government, it will be one of the most extensive corruptions, indifferent and incapable of a wholesome care over so wide a spread of surface. This will not be borne, and you will have to choose between reformation and revolution. If I know the spirit of this country, the one or the other is inevitable. Before the canker is become inveterate, before its venom has reached so much of the body politic as to get beyond control, remedy should be applied. Let the future appointment of judges be for four or six years, and renewable by the President and Senate. This will bring their conduct at regular periods under revision and probation, and may keep them in equipoise between the general and special government. We have erred in this point by copying England, where certainly it is a good thing to have the judges independent of the King. But we have omitted to copy their caution, also, which makes a judge removable on the address of both legislative houses. That there should be public functionaries independent of the nation, whatever be their demerit, is a solecism in a republic of the first order of absurdity and inconsistency.”

In a letter to Judge Johnson, under the date of March 4, 1823, Mr. Jefferson said:

“I can not lay down my pen without recurring to one of the subjects of my former letter, for in truth there is no danger I apprehend so much as the consolidation of our Government by the noiseless and therefore unalarming instrumentality of the Supreme Court. * * * For in truth there is at this time more hostility to the Federal judiciary than any other organ of the Government.”

In a letter to Edward Livingston, under date of March 25, 1825, Mr. Jefferson wrote:

“Time and changes in the condition and constitution of society may require occasional and corresponding modifications. One single object, if your provision attains it, will entitle you to the endless gratitude of society, that of restraining judges from usurping legislation. And with no body of men is this restraint more wanting than with the judges of what is commonly called our General [Federal] Government, but what I call our foreign department. They are practicing on the Constitution by inferences, analogies, and sophisms [a fallacious argument, especially one used deliberately to deceive] as they would an ordinary law. They do not seem aware that it is not even a Constitution formed by a single authority, and subject to a single superintendence and control, but that it is a compact of many independent powers every single one of which claims an equal right to understand it and to require its observance. However strong the cord of compact may be, there is a point of tension at which it will break. A few such doctrinal decisions as barefaced as that of the Cohens happening to bear immediately on two or three of the large States may induce them to join in arresting the march of Government and in arousing the co-States to pay some attention to what is passing to bring bark the compact to its original principles or to modify it legitimately by the expressed consent of the parties themselves, and not by the usurpation of their created agents. They imagine they can lead us into a consolidate government, while their road leads directly to dissolution. This member of the Government was at first considered as the most harmless and helpless of all its organs, but it has proved that the power of declaring what the law is ad libitum [“at pleasure” or at the discretion of the performer] by sapping and mining slyly and without alarm the foundations of the Constitution can do what open force would not dare to attempt.”

These opinions and warnings of Jefferson are very pertinent at this time. The pity is that all have not paid heed to them for the past half a century. Now, let us see what another great expounder of the Constitution has said. In a speech at Fort Hill, July 26, 1831, Mr. Calhoun said:

“No one has been so hardy as to assert that Congress or the President ought to have the right or to deny that if vested finally and exclusively in either, the consequences which I have stated would not necessarily follow; but its advocates have been reconciled to the doctrine on the supposition that there is one department of the General Government which, from its peculiar organization, affords an independent tribunal through which the Government may exercise the high authority which is the subject of consideration with perfect safety to all. I yield, I trust, so few in my attachment to the judiciary department. I am fully sensible of its importance and would maintain it to the fullest extent in its constitutional powers and independence, but it is impossible for me to believe that it was ever intended by the Constitution that it should exercise the power in question, or that it is competent to do so, and if it were it would be a safe depository of the power. Its powers are judicial and not political, and are expressly confined by the Constitution to all cases in law and equity arising under this Constitution, the laws of the United States, and the treaties made or which shall be made under its authority, and which I have high authority in asserting excludes political questions and comprehends those only where there are parties amenable to the process of the court.”

Governor Pingree, of Michigan, expressed himself in these words:

* * * I consider government by injunction, unless stopped, the beginning of the end of liberty. Tyranny on the bench is as objectionable as tyranny on the throne. It is even more dangerous, because judges claim immunity from criticism, and foolish people acquiesce in their claims. To enjoin people from assembling peaceably to discuss their wrongs is a violation of first principles. * * * (Railroad Trainmen’s Journal for September, 1897, p. 832.)

Sources: The Jeffersonian Cyclopedia: A Comprehensive Collection of the Views of Thomas Jefferson by Thomas Jefferson
The Life and Writings of Thomas Jefferson Including all his most important public utterances on Public Questions by Samuel Eagle Forman
Hearing Before the Committee on the Judiciary of the House of Representatives by House of Representatives, Committee on the Judiciary

Copyright © 2014 © 2015 TeaPartyEdu Foundation Truths The Patriot Brotherhood @CaptainJDavis

Declaration and Protest on Violations of the Principles of the Constitution

Jefferson Concerning the 1st Amendment (Click to enlarge(

Jefferson Concerning the 1st Amendment Wall of Separation (Click to enlarge)


This paper was entitled by Jefferson, “The Solemn Declaration and Protest of the Commonwealth of Virginia, on the Principles of the Constitution of the United States of America, and on the violations of them “. Jefferson sent it to Madison in December. 1825, with an explanatory letter (vii, 422. FORD ED., in which he said: “It may intimidate the wavering. It may break the western coalition, by offering the same thing in a different form. It will be viewed with favor in contrast with the Georgia opposition, and fear of strengthening that. It will be an example of a temperate mode of opposition in future and similar cases.”—Editor.

We, the General Assembly of Virginia, on behalf, and in the name of the people thereof, do declare as follows:

The States of North America which confederated to establish their independence of the government of Great Britain, of which Virginia was one, became, on that acquisition free and independent States, and as such, authorized to constitute governments, each for itself, in such form as it thought best.

They entered into a compact (which is called the Constitution of the United States of America), by which they agreed to unite in a single government as to their relations with each other, and with foreign nations, and as to certain other articles particularly specified. They retained at the same time, each to itself, the other rights of independent government, comprehending mainly their domestic interests.

For the administration of their Federal branch, they agreed to appoint, in conjunction, a distinct set of functionaries, legislative, executive and judiciary, in the manner settled in that compact; while to each, severally, and of course remained its original right of appointing, each for itself, a separate set of functionaries, legislative, executive and judiciary, also, for administering the domestic branch of their respective governments.

These two sets of officers, each independent of the other, constitute thus a whole of government, for each State separately; the powers ascribed to the one, as specifically made federal, exercised over the whole, the residuary powers, retained to the other, exercisable exclusively over its particular State, foreign herein, each to the others, as they were before the original compact.

Thomas Jefferson Concerning (Click to enlarge)

Thomas Jefferson Concerning the 1st Amendment and General [Federal] Government (Click to enlarge)

To this construction of government and distribution of its powers, the Commonwealth of Virginia does religiously and affectionately adhere, opposing, with equal fidelity and firmness, the usurpation of either set of functionaries of the rightful powers of the other.

But the Federal branch has assumed in some cases, and claimed in others, a right of enlarging its own powers by constructions, inferences, and indefinite deductions from those directly given, which this Assembly does declare to be usurpations of the powers retained to the independent branches, mere interpolations into the compact, and direct infractions of it.

They claim, for example, and have commenced the exercise of a right to construct roads, open canals, and effect other internal improvements within the territories and jurisdictions exclusively belonging to the several States, which this Assembly does declare has not been given to that branch by the constitutional compact, but remains to each State among its domestic and unalienated powers, exercisable within itself and by its domestic authorities alone.

This Assembly does further disavow and declare to be most false and unfounded, the doctrine that the compact, in authorizing its Federal branch to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defence and general welfare of the United States, has given them thereby a power to do whatever they may think, or pretend, would promote the general welfare, which construction would make that, of itself, a complete government, without limitation of powers; but that the plain sense and obvious meaning were, that they might levy the taxes necessary to provide for the general welfare, by the various acts of power therein specified and delegated to them, and by no others.

Nor is it admitted, as has been said, that the people of these States, by not investing their Federal branch with all the means of bettering their condition, have denied to themselves any which may effect that purpose; since, in the distribution of these means they have given to that branch those which belong to its department, and to the States have reserved separately the residue which belong to them separately. And thus by the organization of the two branches taken together, have completely secured the first object of human association, the full improvement of their condition, and reserved to themselves all the faculties of multiplying their own blessings.

Whilst the General Assembly thus declares the rights retained by the States, rights which they have never yielded, and which this State will never voluntarily yield, they do not mean to raise the banner of dissatisfaction, or of separation from their sister States, co-parties with themselves to this compact. They know and value too highly the blessings of their Union as to foreign nations and questions arising among themselves, to consider every infraction as to be met by actual resistance. They respect too affectionately the opinions of those possessing the same rights under the same instrument, to make every difference of construction a ground of immediate rupture. They would, indeed, consider such a rupture as among the greatest calamities which could befall them; but not the greatest. There is yet one greater, submission to a government of unlimited powers. It is only when the hope of avoiding this shall have become absolutely desperate, that further forbearance could not be indulged. Should a majority of the co-parties, therefore, contrary to the expectation and hope of this Assembly, prefer, at this time, acquiescence in these assumptions of power by the Federal member of the government, we will be patient and suffer much, under the confidence that time, ere it be too late, will prove to them also the bitter consequences in which that usurpation will involve us all. In the meanwhile, we will breast with them, rather than separate from them, every misfortune, save that only of living under a government of unlimited powers. We owe every other sacrifice to ourselves, to our federal brethren, and to the world at large, to pursue with temper and with perseverance the great experiment which shall prove that man is capable of living in society, governing itself by laws self-imposed, and securing to its members the enjoyment of life, liberty, property, and peace; and further to show, that even when the government of its choice shall manifest a tendency to degeneracy, we are not at once to despair but that the will and the watchfulness of its sounder parts will reform its aberrations, recall it to original and legitimate principles, and restrain it within the rightful limits of self-government. And these are the objects of this Declaration and Protest.

Supposing, then, that it might be for the good of the whole, as some of its co-States seem to think, that the power of making roads and canals should be added to those directly given to the Federal branch, as more likely to be systematically and beneficially directed, than by the independent action of the several States, this Commonwealth, from respect to these opinions, and a desire of conciliation with its co-States, will consent, in concurrence with them, to make this addition, provided it be done regularly by an amendment of the compact, in the way established by that instrument, and provided also, it be sufficiently guarded against abuses, compromises, and corrupt practices, not only of possible, but of probable occurrence.

And as a further pledge of the sincere and cordial attachment of this Commonwealth to the Union of the whole, so far as has been consented to by the compact called “The Constitution of the United States of America” (constructed according to the plain and ordinary meaning of its language, to the common intendment of the time, and of those who framed it); to give also to all parties and authorities, time for reflection and consideration, whether, under a temperate view of the possible consequences, and especially of the constant obstructions which an equivocal majority must ever expect to meet, they will still prefer the assumption of this power rather than its acceptance from the free will of their constituents; and to preserve peace in the meanwhile, we proceed to make it the duty of our citizens, until the Legislature shall otherwise and ultimately decide, to acquiesce under those acts of the Federal branch of our government which we have declared to be usurpations, and against which, in point of right, we do protest as null and void, and never to be quoted as precedents of right.

Thomas Jefferson on Foreseeing Abuses by Government (Click to enlarge)

Thomas Jefferson on Foreseeing Abuses by Government (Click to enlarge)

We, therefore, do enact, and Be It Enacted by the General Assembly of Virginia, That all citizens of this Commonwealth, and persons and authorities within the same, shall pay full obedience at all times to the acts which may be passed by the Congress of the United States, the object of which shall be the construction of post roads, making canals of navigation, and maintaining the same in any part of the United States, in like manner as if said acts were totidem verbis, passed by the Legislature of this Commonwealth.—ix, 496. Ford ed., X, 349. (Dec. 34, 1825)

Copyright © 2014 © 2015 TeaPartyEdu Foundation Truths The Patriot Brotherhood @CaptainJDavis

Thomas Jefferson Notes on Religion October 1776


Thomas Jefferson Concerning the Growth of Religious Societies (Click to enlarge)

“To preserve the peace of our fellow citizens, promote their prosperity and happiness, reunite opinion, cultivate a spirit of candor, moderation, charity and forbearance toward one another, are objects calling for the efforts and sacrifices of every good man and patriot. Our religion enjoins it; our happiness demands it: and no sacrifice is requisite but of passions hostile to both.”—Thomas Jefferson to The Rhode Island Assembly; 1801

See also:
Thomas Jefferson Biography
Jefferson Foresaw and Prophesied about This Time in American History

JEFFERSON’S NOTES ON RELIGION. [These are endorsed by Jefferson: “scraps early in the revolution.” They were probably materials and notes for his speeches in the House of Delegates on the petitions for the disestablishment of the Episcopal church. Owing to the rebinding it is practically impossible to say if any order was intended.]

  1. Mss.

[Oct. 1776?]

Sabellians Christian heretics. That there is but one person in the Godhead. That the ‘ Word’ & holy spirit are only virtues, emanations or functions of the deity.

Sorcinians. Christian heretics. That the Father is the one only god. That the Word is no more than an expression of ye godhead & had not existed from all eternity; that Jesus Christ was god no otherwise than by his superiority above all creatures who were put in subjection to him by the father. That he was not a mediator, but sent to be a pattern of conduct to men. That the punishments of hell are not eternal.

Arminians. They think with the Romish church (against the Calvinists) that there is an universal grace given to all men, & that man is always free & at liberty to receive or reject grace. That God creates men free, that his justice would not permit him to punish men for crimes they are predestinated to commit. They admit the presence of god, but distinguish between fore-knowing & predestinating. All the fathers before St. Austin were of this opinion. The church of England founded her article of predestination on his authority.

Arians. Christian heretics. They avow there was a time when the Son was not, that he was created in time mutable in nature, & like the angels liable to sin; they deny the three persons in the trinity to be of the same essence. Erasmus and Grotius were Arians.

Apollinarians. Christian heretics. They affirm there was but one nature in Christ, that his body as well as soul was impassive & immortal, & that his birth, death, & resurrection was only in appearance.

Macedonians. Christian heretics. They teach that the Holy ghost was a mere creature, but superior in excellence to the Angels. See Broughton, verbo ‘ Heretics,’ an enumeration of 48. sects of Christians pronounced Heretics.

Thomas Jefferson Concerning those who Misinterpreted his Religious views (Click to enlarge)

Thomas Jefferson Concerning those who Misinterpreted his Religious views (Click to enlarge)

Locke’s system of Christianity is this: Adam was created happy & immortal; but his happiness was to have been Earthly & Earthly immortality. By sin he lost this—so that he became subject to total death (like that of brutes) to the crosses & unhappiness of this life. At the intercession however of the son of god this sentence was in part remitted. A life conformable to the law was to restore them again to immortality. And moreover to them who believed their faith was to be counted for righteousness. Not that faith without works was to save them; St. James, chapter 2. says expressly the contrary; & all make the fundamental pillars of Christianity to be faith & repentance. So that a reformation of life (included under repentance) was essential, & defects in this would be made up by their faith; i. e. their faith should be counted for righteousness. As to that part of mankind who never had the gospel preached to them, they are 1. Jews.—2. Pagans, or Gentiles. The Jews had the law of works revealed to them. By this therefore they were to be saved: & a lively faith in god’s promises to send the Messiah would supply small defects. 2. The Gentiles. St. Pa. says—Rom. 2. 13. ‘the Gentiles have the law written in their hearts, i. e. the law of nature: to which adding a faith in God & his attributes that on their repentance he would pardon them, they also would be justified. This then explains the text ‘there is no other name under heaven by which a man may be saved,’ i.e. the defects in good works shall not be supplied by a faith in Mahomet Foe, [?] or any other except Christ.

Thomas Jefferson Concerning Rights of Conscience (Click to enlarge)

Thomas Jefferson Concerning Rights of Conscience (Click to enlarge)

The fundamentals of Christianity as found in the gospels are 1. Faith, 2. Repentance. That faith is every [where ?] explained to be a belief that Jesus was the Messiah who had been promised. Repentance was to be proved sincerely by good works. The advantages accruing to mankind from our Saviour’s mission are these.

  1. The knowledge of one god only.

2. A clear knowledge of their duty, or system of morality, delivered on such authority as to give it sanction.

  1. The outward forms of religious worship wanted to be purged of that farcical pomp & nonsense with which they were loaded.

4. An inducement to a pious life, by revealing clearly a future existence in bliss, & that it was to be the reward of the virtuous.

The Epistles were written to persons already Christians. A person might be a Christian then before they were written. Consequently the fundamentals of Christianity were to be found in the preaching of our Saviour, which is related in the gospels. These fundamentals are to be found in the epistles dropped here & there, & promiscuously mixed with other truths. But these other truths are not to be made fundamentals. They serve for edification indeed & explaining to us matters in worship & morality, but being written occasionally it will readily be seen that their explanations are adapted to the notions & customs of the people they were written to. But yet every sentence in them (tho the writers were inspired) must not be taken up & made a fundamental, without assent to which a man is not to be admitted a member of the Christian church here, or to his kingdom hereafter. The Apostles creed was by them taken to contain all things necessary to salvation, & consequently to a communion.

Contrary to what Liberals, Democrats, popular culture & other would have you believe Jefferson, Washington, Franklin and others were far from deists or atheists (Click to enlarge)

Contrary to what Liberals, Democrats, popular culture & others would have you believe Jefferson, Washington, Franklin and others were far from deists or atheists (Click to enlarge)

Shaftesbury Character. As the Ancients tolerated visionaries & enthusiasts of all kinds so they permitted a free scope to philosophy as a balance. As the Pythagoreans & latter Platonists joined with the superstition of their times the Epicureans & Academics were allowed all the use of wit & raillery against it. Thus matters were balanced; reason had play & science flourished. These contrarieties produced harmony. Superstition & enthusiasm thus let alone never raged to bloodshed, persecution &c. But now a new sort of policy, which considers the future lives & happiness of men rather than the present, has taught to distress one another, & raised an antipathy which if temporal interest could ever do now uniformity of opinion, a hopeful project! is looked on as the only remedy agt. this evil & is made the very object of government itself. If magistracy had vouchsafed to interpose thus in other sciences, we should have as bad logic, mathematics & philosophy as we have divinity in countries where the law settles orthodoxy.

Suppose the state should take into head that there should be an uniformity of countenance. Men would be obliged to put an artificial bump or swelling here, a patch there &c. but this would be merely hypocritical, or if the alternative was given of wearing a mask, 99% must immediately mask. Would this add to the beauty of nature? Why otherwise in opinions? In the middle ages of Christianity opposition to the State opinions was hushed. The consequence was, Christianity became loaded with all the Romish follies. Nothing but free argument, raillery & even ridicule will preserve the purity of religion. 2 Cor. 1. 24. the apostles declare they had no dominion over the faith.

A heretic is an impugner of fundamentals. What are fundamentals? The protestants will say those doctrines which are clearly & precisely delivered in the holy Scriptures. Dr. Vaterland would say the Trinity. But how far this character of being clearly delivered will suit the doctrine of the trinity I leave others to determine. It is nowhere expressly declared by any of the earliest fathers, & was never affirmed or taught by the Church before the Council of Nice (Chillingas Pre/. § 18. 33.) Iranaeus says “who are the clean? those who go on firmly, believing in the Father & in the Son.” The fundamental doctrine or the firmness of the Christian faith in this early age then was to believe in the Father & Son. Constantine wrote to Arius & Alexander treating the question “as vain foolish & impertinent as a dispute of words without sense which none could explain nor any comprehend &c.’ This line is commended by Eusebius (Vit. Constant 1. r. c. 64 &c.) and Socrates (Hist. Eccles. 1. i. c. 7) as excellent admirable & full of wisdom. 2 Middleton. 115. remarks on the story of St. John & [illegible] ” Le saint concil (de Niece anno 630) ayant defini que le fils de dieu est de meme substance que son pere & qu’il est eternel comme lui, composa une Simbole (the Nicene creed) ou il explique la divinite du pere et du fils et qu’il finit par ces paroles ‘dont le regne n’aura point de fin.’car la doctrine que regarde le Saint Esprit ne fut ajoutee que dans la seconde concile tenu contre les erreurs de Macedoniens, ou ces questions furent agitees.” Zonaras par Coussin. Ann. 330. The second council meant by Zonaras was that of Constantinople ann. 381. D’hist. Prim. Christianity. pref. xxxvm. 2d app. to pref. 49. The Council of Antioch ann [ ] expressly affirms of our Saviour οὐϰ ἐστιν ὁμουσιοϛ that he was not consubstantial to the father. The Council of Nice affirmed the direct contrary. Dhist. Prim. Xty. Pref. cxxv.

Episcopy. Gr. ‘πρεσβύτης, presbítes. Lat. Episcopus. Ital. Vescovo. Fr. Evesque. Saxon, Byscop. Bishop (overseer). The epistles of Paul to Timothy & Titus are relied on (together with Tradition) for the Apostolic institution of bishops.

As to tradition, if we are protestants we reject all tradition, & rely on the scripture alone, for that is the essence & common principle of all the protestant churches.

As to Scripture. 1.Tim.3.2. ‘a bishop must be blameless &c. Eπιςκoπoς.’ v. 8. ‘likewise must the deacons be grave &c. Διακονος’ (ministros) c.5.v.6. he calls Timothy a ‘minister’ Διακονος’ c.4.v.14. ‘neglect not the gift that is in thee, which was given thee by prophecy with the laying on the hands of the presbytery, πρεςβυτεριον.’ c.5. ‘rebuke not an elder πρεςβντερω.’

5.17. ‘let the elders that rule well &c. πρεςβντεροι.’

[5.] 19. ‘against an elder (πρεςβντερον) receive nt. an accusan.’

5.22. ‘lay hands suddenly on no man χειρας επιτιΘει’

6.11. he calls Timothy ‘man of god ανΘρωπε τον Θεον.’

2.Tim.1.6. ‘stir up the gift of god which is in thee by the putting on of my hands επιΘεςεως των χειρων μον.’ but ante c.4. v.14. he said it was by the hands of the presbytery. This imposition of hands then was some ceremony or custom frequently repeated, & certainly is as good a proof that Timothy was ordained by the elders (& consequently that they might ordain) as that it was by Paul.

1.11. Paul calls himself ‘a preacher’ ‘an apostle’ ‘a teacher.’ ‘κηρνξ και αποςτολος και διδαςκαλος.’ here he designates himself by several synonims as he had before done Timothy. does this prove that every synonim authorizes a different order of ecclesiastics. 4.5. ‘do the work of an Evangelist, make full proof of thy ministry εργον ποιηςον εναγγελιςτον, την διακονιαν ςον πληροϕορηςον.’ Timothy then is called ‘επιςκοπος, διακονος, εναγγελιςτος. ανΘρωπος Θεον.’

4.11. he tells Tim. to bring Mark with him for ‘he is profitable to me for the ministry Διακονια’

Epistle to Titus 1.1. he calls himself ‘a servant of god δονλος Θεον.’ 1.5. ‘for this cause left I thee in Crete that thou shouldst set in order the things that are wanting, and ordain (καταςτηςης) elders in every city, as I had appointed thee. if any be blameless the husband of one wife, having faithful children, not accused of riot or unruly for a bishop must be blameless as the steward of god &c.’ here then it appears that as the elders appointed the bishops, so the bishops appointed the elders. i.e. they are synonims. again when telling Titus to appoint elders in every city he tells him what kind of men they must be, for said he a bishop must be &c. so that in the same sentence he calls elders bishops.

3.10: ‘a man that is an heretic after the first & second admonition, reject. αιρετικον.’

James.5.14. ‘is any sick among you? let him call for the elders (π ρεςβντερονς) of the church, & let them pray over him, anointing him with oil in the name of the lord.’

Another plea for Episcopal government in Religion in England is it’s similarity to the political government by a king. No bishop, no king. This then with us is a plea for government by a presbytery which resembles republican government.

The clergy have ever seen this. The bishops were always mere tools of the crown.

The Presbyterian spirit is known to be so congenial with friendly liberty, that the patriots after the restoration finding that the humour of people was running too strongly to exalt the prerogative of the crown promoted the dissenting interest as a check and balance, & thus was produced the Toleration Act.

St. Peter gave the title of clergy to all god’s people till Pope Higinus & ye succeeding prelates took it from them & appropriated it to priests only, 1 Milt. 230.

Origen, being yet a layman, expounded the scriptures publickly & was therein defended by Alexander of Jerusalem & Theoctistus of Caesarea producing in his behalf divers examples that the privilege of teaching was anciently permitted to laymen. the first Nicene council called on the assistance of many learned lay brethren. ib.230.

Bishops were elected by the hands of the whole church. Ignatius (the most ant’ of the extant fathers) writing to the Philadelphians says ‘ that it belongs to them as to the church of god to choose a bishop.’ Camden in his description of Scotland says ‘that over all the world bps had no certain diocese till pope Dionysius about the year 268 did cut them out, & that the bps of Scotland extended their function in what place soever they came, indifferently till temp Malcolm 3. 1070.’

Cyprian, epistle. 68. says ‘ the people chiefly hath power either of choosing worthy or refusing unworthy bps the council of Nice contrary to the African churches exhorts them to choose orthodox bishops in the place of the dead.’ 1 Milt. 254.

Nicephorus Phocas the Greek emperor Ann. 1000 first enacted that no bps should be chosen without his will. Ignatius in his epistle to those of Tra [mutilated] confesseth that the presbyters are his fellow-sellers & fellow henchers & Cyprian in the 6. 4. 52. epst. calls the presbyters, ‘his com-presbyters’ yet he was a bps.—A modern bps to be molded into a primitive one must be elected by the people, undiocest, unrevenued, unlorded. 1 Milt. 255. From the dissensions among sects themselves arises necessarily a right of choosing & necessity of deliberating to which we will conform, but if we choose for ourselves, we must allow others to choose also, & to reciprocally. This establishes religious liberty.

Why require those things in order to eccliastical communion which Christ does not require in order to life eternal? How can that be the church of Christ which excludes such persons from its communion as he will one day receive into the kingdom of heaven.

The arms of a religious society or church are exhortations, admonitions & advice, & ultimately expulsion or excommunication. This last is the utmost limit of power.

How far does the duty of toleration extend?

  1. No church is bound by the duty of toleration to retain within her bosom obstinate offenders against her laws.

2. We have no right to prejudice another in his civil enjoyments because he is of another church. If any man err from the right way, it is his own misfortune, no injury to thee; nor therefore art thou to punish him in the things of this life because thou supposeth he will be miserable in that which is to come—on the contrary according to the spirit of the gospel, charity, bounty, liberality is due to him.

Each church being free, no one can have jurisdiction over another one, not even when the civil magistrate joins it. It neither acquires the right of the sword by the magistrate’s coming to it, nor does it lose the rights of instruction or excommunication by his going from it. It cannot by the accession of any new member acquire jurisdiction over those who do not accede. He brings only himself, having no power to bring others. Suppose for instance two churches, one of Arminians another of Calvinists in Constantinople, has either any right over the other? Will it be said the orthodox one has? Every church is to itself orthodox ; to others erroneous or heretical.

No man complains of his neighbor for ill management of his affairs, for an error in sowing his land, or marrying his daughter, for consuming his substance in taverns, pulling down building &c in all these he has his liberty: but if he do not frequent the church, or there conform to ceremonies, there is an immediate uproar.

The care of every man’s soul belongs to himself. But what if he neglect the care of it? Well what if he neglect the care of his health or estate, which more nearly relate to the state. Will the magistrate make a law that he shall not be poor or sick? Laws provide against injury from others; but not from ourselves. God himself will not save men against their wills.

If I be marching on with my utmost vigour in that way which according to the sacred geography leads to Jerusalem straight, why am I beaten & ill used by others because my hair is not of the right cut; because I have not been dresseth right, because I eat flesh on the road, because I avoid certain by-ways which seem to lead into briars, because among several paths I take that which seems shortest & cleanest, because I avoid travellers less grave & keep company with others who are more sour & austere, or because I follow a guide crowned with a mitre & cloathed in white, yet these are the frivolous things which keep Christianity at war.

If the magistrate command me to bring my commodity to a publick store house I bring it because he can indemnify me if he erred & I thereby lose it; but what indemnification can he give one for the kingdom of heaven?

I cannot give up my guidance to the magistrates, because he knows no more of the way to heaven than I do, & is less concerned to direct me right than I am to go right. If the Jews had followed their Kings, among so many, what number would have led them to idolatry? Consider the vicissitudes among the Emperors, Arians, Athana &c. or among our princes. H. 8. E. 6. Mary. Elizabeth. Locke’s Works 2d vol.

Why persecute for difference in religious opinion?

1. For love to the person.

  1. Because of tendency of these opinions to dis[illegible].

1. When I see them persecute their nearest connection & acquaintance for gross vices, I shall believe it may proceed from love. Till they do this I appeal to their own consciences if they will examine, wh. ye do not find some other principle.

  1. Because of tendency. Why not then level persecution at the crimes you fear will be introduced? Burn or hang the adulterer, cheat &c. Or exclude them from offices. Strange should be so zealous against things which tend to produce immorality & yet so indulgent to the immorality when produced. These moral vices all men acknowledge to be diametrically against Christianity & obstructive of salvation of souls, but the fantastical points for which we generally persecute are often very questionable; as we may be assured by the very different conclusions of people. Our Savior chose not to propagate his religion by temporal punishments or civil incapacitation, if he had, it was in his almighty power. But he chose to extend it by its influence on reason, there by showing to others how they should proceed.

The commonwealth is ‘a Society of men constituted for protecting their civil interests.’

Civil interests are ‘ life, health, indolency of body, liberty and property.’ That the magistrate’s jurisdiction extends only to civil rights appears from these considerations.

  1. The magistrate has no power but what ye people gave.

The people have not given him the care of souls because ye could not, ye could not, because no man has right to abandon the care of his salvation to another.

No man has power to let another prescribe his faith. Faith is not faith without believing. No man can conform his faith to the dictates of another. The life & essence of religion consists in the internal persuasion or belief of the mind. External forms of worship, when against our belief are hypocrisy & impiety. Rom. 14. 23. “he that doubteth is damned, if he eat, because he eateth not of faith: for whatsoever is not of faith, is sin?”

  1. If it be said the magistrate may make use of arguments & so draw the heterodox to truth, I answer, every man has a commission to admonish, exhort, convince another of error.

12. A church is ‘a voluntary society of men, joining themselves together of their own accord, in order to the public worshipping of god in such a manner as they judge acceptable to him & effectual to the salvation of their souls.’ It is voluntary because no man is by nature bound to any church. The hope of salvation is the cause of his entering into it. If he find anything wrong in it, he should be as free to go out as he was to come in.

13. What is the power of that church. As it is a society it must have some laws for its regulation. Time & place of meeting. Admitting & excluding members &c Must be regulated but as it was a spontaneous joining of members, it follows that it’s laws extend to its own members only, not to those of any other voluntary society, for then by the same rule some other voluntary society might usurp power over them. Christ has said ‘wheresoever 2 or 3 are gathered together in his name he will be in the midst of them.’ This is his definition of a society. He does not make it essential that a bishop or presbyter govern them. Without them it suffices for the salvation of souls.

Compulsion in religion is distinguished peculiarly from compulsion in every other thing. I may grow rich by art I am compelled to follow, I may recover health by medicines I am compelled to take against my own judgment, but I cannot be saved by a worship I disbelieve & abhor.

Whatsoever is lawful in the Commonwealth, or permitted to the subject in the ordinary way, cannot be forbidden to him for religious uses: & whatsoever is prejudicial to the Commonwealth in their ordinary uses & therefore prohibited by the laws, ought not to be permitted to churches in their sacred rites. For instance it is unlawful in the ordinary course of things or in a private house to murder a child. It should not be permitted any sect then to sacrifice children: it is ordinarily lawful (or temporarily lawful) to kill calves or lambs. They may therefore be religiously sacrificed, but if the good of the state required a temporary suspension of killing lambs, as during a siege, sacrifices of them may then be rightfully suspended also. This is the true extent of toleration.

Truth will do well enough if left to shift for herself. She seldom has received much aid from the power of great men to whom she is rarely known & seldom welcome. She has no need of force to procure entrance into the minds of men. Error indeed has often prevailed by the assistance of power or force. Truth is the proper & sufficient antagonist to error. If anything pass in a religious meeting seditiously and contrary to the public peace, let it be punished in the same manner & no otherwise than as if it had happened in a fair or market. These meetings ought not to be sanctuaries for faction & flagitiousness.

Locke denies toleration to those who entertain opinions contrary to those moral rules necessary for the preservation of society; as for instance, that faith is not to be kept with those of another persuasion, that Kings excommunicated forfeit their crowns, that dominion is founded in grace, or that obedience is due to some foreign prince, or who will not own & teach the duty of tolerating all men in matters of religion, or who deny the existence of a god (it was a great thing to go so far—as he himself says of the parliament, who framed the act of toleration but where he stopped short we may go on.) [A footnote by TJ follows, reading: “will not his own excellent rule be sufficient here too; to punish these as civil offences. e. gr. to assert that a foreign prince has power within this commonwealth is a misdemeanor. the other opinions. may be despised. Perhaps the single thing which may be required to others before toleration to them would be an oath that they would allow toleration to others.”]

He says ‘neither Pagan nor Mahomedan nor Jew ought to be excluded from the civil rights of the Commonwealth because of his religion.’ Shall we suffer a Pagan to deal with us and not suffer him to pray to his god? Why have Christians been distinguished above all people who have ever lived, for persecutions? Is it because it is the genius of their religion? No, it’s genius is the reverse. It is the refusing toleration to those of a different opinion which has produced all the bustles and wars on account of religion. It was the misfortune of mankind that during the darker centuries the Christian priests following their ambition and avarice combining with the magistrate to divide the spoils of the people, could establish the notion that schismatics might be ousted of their possessions & destroyed. This notion we have not yet cleared ourselves from. In this case no wonder the oppressed should rebel, & they will continue to rebel & raise disturbance until their civil rights are fully restored to them & all partial distinctions, exclusions & incapacitations removed.

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Thomas Jefferson Third Annual Address as President October 1803

Jefferson Federal vs State Governments (Click to enlarge)

Jefferson Federal vs State Governments (Click to enlarge)


To the Senate and House of Representatives of the United States :—

In calling you together, fellow citizens, at an earlier day than was contemplated by the act of the last session of Congress, I have not been insensible to the personal inconveniences necessarily resulting from an unexpected change in your arrangements. But matters of great public concernment have rendered this call necessary, and the interest you feel in these will supersede in your minds all private considerations.

Congress witnessed, at their last session, the extraordinary agitation produced in the public mind by the suspension of our right of deposit at the port of New Orleans, no assignment of another place having been made according to treaty. They were sensible that the continuance of that privation would be more injurious to our nation than any consequences which could flow from any mode of redress, but reposing just confidence in the good faith of the government whose officer had committed the wrong, friendly and reasonable representations were resorted to, and the right of deposit was restored.

Previous, however, to this period, we had not been unaware of the danger to which our peace would be perpetually exposed while so important a key to the commerce of the western country remained under foreign power. Difficulties, too, were presenting themselves as to the navigation of other streams, which, arising within our territories, pass through those adjacent. Propositions had, therefore, been authorized for obtaining, on fair conditions, the sovereignty of New Orleans, and of other possessions in that quarter interesting to our quiet, to such extent as was deemed practicable; and the provisional appropriation of two millions of dollars, to be applied and accounted for by the president of the United States, intended as part of the price, was considered as conveying the sanction of Congress to the acquisition proposed. The enlightened government of France saw, with just discernment, the importance to both nations of such liberal arrangements as might best and permanently promote the peace, friendship, and interests of both ; and the property and sovereignty of all Louisiana, which had been restored to them, have on certain conditions been transferred to the United States by instruments bearing date the 30th of April last. When these shall have received the constitutional sanction of the senate, they will without delay be communicated to the representatives also, for the exercise of their functions, as to those conditions which are within the powers vested by the constitution in Congress. While the property and sovereignty of the Mississippi and its waters secure an independent outlet for the produce of the western States, and an uncontrolled navigation through their whole course, free from collision with other powers and the dangers to our peace from that source, the fertility of the country, its climate and extent, promise in due season important aids to our treasury, an ample provision for our posterity, and a wide-spread field for the blessings of freedom and equal laws.

With the wisdom of Congress it will rest to take those ulterior measures which may be necessary for the immediate occupation and temporary government of the country; for its incorporation into our Union ; for rendering the change of government a blessing to our newly-adopted brethren; for securing to them the rights of conscience and of property; for confirming to the Indian inhabitants their occupancy and self-government, establishing friendly and commercial relations with them, and for ascertaining the geography of the country acquired. Such materials for your information, relative to its affairs in general, as the short space of time has permitted me to collect, will be laid before you when the subject shall be in a state for your consideration.

Another important acquisition of territory has also been made since the last session of Congress. The friendly tribe of Kaskaskia Indians with which we have never had a difference, reduced by the wars and wants of savage life to a few individuals unable to defend themselves against the neighboring tribes, has transferred its country to the United States, reserving only for its members what is sufficient to maintain them in an agricultural way. The considerations stipulated are, that we shall extend to them our patronage and protection, and give them certain annual aids in money, in implements of agriculture, and other articles of their choice. This country, among the most fertile within our limits, extending along the Mississippi from the mouth of the Illinois to and up the Ohio, though not so necessary as a barrier since the acquisition of the other bank, may yet be well worthy of being laid open to immediate settlement, as its inhabitants may descend with rapidity in support of the lower country should future circumstances expose that to foreign enterprize. As the stipulations in this treaty also involve matters within the competence of both houses only, it will be laid before Congress as soon as the senate shall have advised its ratification.

With many other Indian tribes, improvements in agriculture and household manufacture are advancing, and with all our peace and friendship are established on grounds much firmer than heretofore. The measure adopted of establishing trading houses among them, and of furnishing them necessaries in exchange for their commodities, at such moderated prices as leave no gain, but cover us from loss, has the most conciliatory and useful effect upon them, and is that which will best secure their peace and good will.

The small vessels authorized by Congress with a view to the Mediterranean service, have been sent into that sea, and will be more effectually to confine the Tripoline cruisers within their harbors, and supersede the necessity of convoy to our commerce in that quarter. They will sensibly lessen the expenses of that service the ensuing year.

A further knowledge of the ground in the north-eastern and north-western angles of the United States has evinced that the boundaries established by the treaty of Paris, between the British territories and ours in those parts, were too imperfectly described to be susceptible of execution. It has therefore been thought worthy of attention, for preserving and cherishing the harmony and useful intercourse subsisting between the two nations, to remove by timely arrangements what unfavorable incidents might otherwise render a ground of future misunderstanding. A convention has therefore been entered into, which provides for a practicable demarkation of those limits to the satisfaction of both parties.

An account of the receipts and expenditures of the year ending 30th September last, with the estimates for the service of the ensuing year, will be laid before you by the secretary of the treasury so soon as the receipts of the last quarter shall be returned from the more distant States. It is already ascertained that the amount paid into the treasury for that year has been between eleven and twelve millions of dollars, and that the revenue accrued during the same term exceeds the sum counted on as sufficient for our current expenses, and to extinguish the public debt within the period heretofore proposed.

The amount of debt paid for the same year is about three millions one hundred thousand dollars, exclusive of interest, and making, with the payment of the preceding year, a discharge of more than eight millions and a half of dollars of the principal of that debt, besides the accruing interest; and there remain in the treasury nearly six millions of dollars. Of these, eight hundred and eighty thousand have been reserved for payment of the first instalment due under the British convention of January 8th, 1802, and two millions are what have been before mentioned as placed by Congress under the power and accountability of the president, toward the price of New Orleans and other territories acquired, which, remaining untouched, are still applicable to that object, and go in diminution of the sum to be funded for it.

Should the acquisition of Louisiana be constitutionally confirmed and carried into effect, a sum of nearly thirteen millions of dollars will then be added to our public debt, most of which is payable after fifteen years; before which term the present existing debts will all be discharged by the established operation of the sinking fund. When we contemplate the ordinary annual augmentation of imposts from increasing population and wealth, the augmentation of the same revenue by its extension to the new acquisition, and the economies which may still be introduced into our public expenditures, I cannot but hope that Congress in reviewing their resources will find means to meet the intermediate interests of this additional debt without recurring to new taxes, and applying to this object only the ordinary progression of our revenue. Its extraordinary increase in times of foreign war will be the proper and sufficient fund for any measures of safety or precaution which that state of things may render necessary in our neutral position.

Remittances for the instalments of our foreign debt having been found practicable without loss, it has not been thought expedient to use the power given by a former act of Congress of continuing them by reloans, and of redeeming instead thereof equal sums of domestic debt, although no difficulty was found in obtaining that accommodation.

The sum of fifty thousand dollars appropriated by Congress for providing gun-boats, remains unexpended. The favorable and peaceful turn of affairs on the Mississippi rendered an immediate execution of that law unnecessary, and time was desirable in order that the institution of that branch of our force might begin on models the most approved by experience. The same issue of events dispensed with a resort to the appropriation of a million and a half of dollars contemplated for purposes which were effected by happier means.

We have seen with sincere concern the flames of war lighted up again in Europe, and nations with which we have the most friendly and useful relations engaged in mutual destruction. While we regret the miseries in which we see others involved let us bow with gratitude to that kind Providence which, inspiring with wisdom and moderation our late legislative councils while placed under the urgency of the greatest wrongs, guarded us from hastily entering into the sanguinary contest, and left us only to look on and to pity its ravages. These will be heaviest on those immediately engaged. Yet the nations pursuing peace will not be exempt from all evil. In the course of this conflict, let it be our endeavor, as it is our interest and desire, to cultivate the friendship of the belligerent nations by every act of justice and of incessant kindness; to receive their armed vessels with hospitality from the distresses of the sea, but to administer the means of annoyance to none; to establish in our harbors such a police as may maintain law and order; to restrain our citizens from embarking individually in a war in which their country takes no part; to punish severely those persons, citizen or alien, who shall usurp the cover of our flag for vessels not entitled to it, infecting thereby with suspicion those of real Americans, and committing us into controversies for the redress of wrongs not our own; to exact from every nation the observance, toward our vessels and citizens, of those principles and practices which all civilized people acknowledge; to merit the character of a just nation, and maintain that of an independent one, preferring every consequence to insult and habitual wrong. Congress will consider whether the existing laws enable us efficaciously to maintain this course with our citizens in all places, and with others while within the limits of our jurisdiction, and will give them the new modifications necessary for these objects. Some contraventions of right have already taken place, both within our jurisdictional limits and on the high seas. The friendly disposition of the governments from whose agents they have proceeded, as well as their wisdom and regard for justice , leaving us in reasonable expectation that they will be rectified and preserved in future; and that no act will be countenanced by them which threatens to disturb our friendly intercourse. Separated by a wide ocean from the nations of Europe, and from the political interests which entangle them together, with productions and wants which render our commerce and friendship useful to them and theirs to us, it cannot be the interest of any to assail us, nor ours to disturb them. We should be most unwise, indeed, were we to cast away the singular blessings of the position in which nature has placed us, the opportunity she has endowed us with of pursuing, at a distance from foreign contentions, the paths of industry, peace, and happiness; of cultivating general friendship, and of bringing collisions of interest to the umpirage of reason rather than of force. How desirable then must it be, in a government like ours, to see its citizens adopt individually the views, the interests, and the conduct which their country should pursue, divesting themselves of those passions and partialities which tend to lessen useful friendships, and to embarrass and embroil us in the calamitous scenes of Europe. Confident, fellow citizens, that you will duly estimate the importance of neutral dispositions toward the observance of neutral conduct, that you will be sensible how much it is our duty to look on the bloody arena spread before us with commiseration indeed, but with no other wish than to see it closed, I am persuaded you will cordially cherish these dispositions in all discussions among yourselves, and in all communications with your constituents; and I anticipate with satisfaction the measures of wisdom which the great interests now committed to you will give you an opportunity of providing, and myself that of approving and carrying into execution with the fidelity I owe to my country.


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Thomas Jefferson Second Annual Address as President December 1802

Thomas Jefferson concerning Divine Will

Thomas Jefferson concerning Divine Will (Click to enlarge)


To the Senate and House of Representatives of the United States:—

When we assemble together, fellow citizens, to consider the state of our beloved country, our just attentions are first drawn to those pleasing circumstances which mark the goodness of that Being from whose favor they flow, and the large measure of thankfulness we owe for his bounty. Another year has come around, and finds us still blessed with peace and friendship abroad; law, order, and religion, at home; good affection and harmony with our Indian neighbors; our burdens lightened, yet our income sufficient for the public wants, and the produce of the year great beyond example. These, fellow citizens, are the circumstances under which we meet; and we remark with special satisfaction, those which, under the smiles of Providence, result from the skill, industry and order of our citizens, managing their own affairs in their own way and for their own use, unembarrassed by too much regulations, unoppressed by fiscal exactions.

On the restoration of peace in Europe, that portion of the general carrying trade which had fallen to our share during the war, was abridged by the returning competition of the belligerent powers. This was to be expected, and was just. But in addition we find in some parts of Europe monopolizing discriminations, which, in the form of duties, tend effectually to prohibit the carrying thither our own produce in our own vessels. From existing amities [friendships], and a spirit of justice, it is hoped that friendly discussion will produce a fair and adequate reciprocity. But should false calculations of interest defeat our hope, it rests with the legislature to decide whether they will meet inequalities abroad with countervailing inequalities at home, or provide for the evil in any other way.

It is with satisfaction I lay before you an act of the British parliament anticipating this subject so far as to authorize a mutual abolition of the duties and countervailing duties permitted under the treaty of 1794. It shows on their part a spirit of justice and friendly accommodation which it is our duty and our interest to cultivate with all nations. Whether this would produce a due equality in the navigation between the two countries, is a subject for your consideration.

Another circumstance which claims attention, as directly affecting the very source of our navigation, is the defect or the evasion of the law providing for the return of seamen, and particularly of those belonging to vessels sold abroad. Numbers of them, discharged in foreign ports, have been thrown on the hands of our consuls, who, to rescue them from the dangers into which their distresses might plunge them, and save them to their country, have found it necessary in some cases to return them at the public charge.

The cession of the Spanish province of Louisiana to France, which took place in the course of the late war, will, if carried into effect, make a change in the aspect of our foreign relations which will doubtless have a just weight in any deliberations of the legislature connected with that subject.

There was reason, not long since, to apprehend that the warfare in which we were engaged with Tripoli might be taken up by some others of the Barbary powers. A reinforcement, therefore, was immediately ordered to the vessels already there. Subsequent information, however, has removed these apprehensions for the present. To secure our commerce in that sea with the smallest force competent, we have supposed it best to watch strictly the harbor of Tripoli. Still, however, the shallowness of their coast, and the want of smaller vessels on our part, has permitted some cruisers to escape unobserved; and to one of these an American vessel unfortunately fell a prey. The captain, one American seamen, and two others of color, remain prisoners with them unless exchanged under an agreement formerly made with the bashaw [pasha], to whom, on the faith of that, some of his captive subjects had been restored.

The convention with the State of Georgia has been ratified by their legislature, and a repurchase from the Creeks has been consequently made of a part of the Tallahassee county. In this purchase has been also comprehended part of the lands within the fork of Oconee and Oakmulgee rivers. The particulars of the contract will be laid before Congress so soon as they shall be in a state for communication.

In order to remove every ground of difference possible with our Indian neighbors, I have proceeded in the work of settling with them and marking the boundaries between us. That with the Choctaw nation is fixed in one part, and will be through the whole in a short time. The country to which their title had been extinguished before the revolution is sufficient to receive a very respectable population, which Congress will probably see the expediency of encouraging so soon as the limits shall be declared. We are to view this position as an outpost of the United States, surrounded by strong neighbors and distant from its support. And how far that monopoly which prevents population should here be guarded against, and actual habitation made a condition of the continuance of title, will be for your consideration. A prompt settlement, too, of all existing rights and claims within this territory, presents itself as a preliminary operation.

In that part of the Indian territory which includes Vincennes, the lines settled with the neighboring tribes fix the extinction of their title at a breadth of twenty-four leagues from east to west, and about the same length parallel with and including the Wabash. They have also ceded a tract of four miles square, including the salt springs near the mouth of the river.

In the department of finance it is with pleasure I inform you that the receipts of external duties for the last twelve months have exceeded those of any former year, and that the ratio of increase has been also greater than usual. This has enabled us to answer all the regular exigencies of government, to pay from the treasury in one year upward of eight millions of dollars, principal and interest, of the public debt, exclusive of upward of one million paid by the sale of bank stock, and making in the whole a reduction of nearly five millions and a half of principal; and to have now in the treasury four millions and a a half of dollars, which are in a course of application to a further discharge of debt and current demands. Experience, too, so far, authorizes us to believe, if no extraordinary event supervenes, and the expenses which will be actually incurred shall not be greater than were contemplated by Congress at their last session, that we shall not be disappointed in the expectations then formed. But nevertheless, as the effect of peace on the amount of duties is not yet fully ascertained, it is the more necessary to practice every useful economy, and to incur no expense which may be avoided without prejudice.

The collection of the internal taxes having been completed in some of the States, the officers employed in it are of course out of commission. In others, they will be so shortly. But in a few, where the arrangement for the direct tax had been retarded, it will still be some time before the system is closed. It has not yet been thought necessary to employ the agent authorized by an act of the last session for transacting business in Europe relative to debts and loans. Nor have we used the power confided by the same act, of prolonging the foreign debts by reloans, and of redeeming, instead thereof, an equal sum of the domestic debt. Should, however, the difficulties of remittances on so large a scale render it necessary at any time, the power shall be executed, and the money thus unemployed abroad shall, in conformity with that law, be faithfully applied here in an equivalent extinction of domestic debt. When effects so salutary result from the plans you have already sanctioned, when merely by avoiding false objects of expense we are able, without a direct tax, without internal taxes, and without borrowing, to make large and effectual payments toward the discharge of our public debt and the emancipation of our posterity from that moral canker, it is an encouragement, fellow citizens, of the highest order, to proceed as we have begun, in substituting economy for taxation, and in pursuing what is useful for a nation placed as we are, rather than what is practiced by others under different circumstances. And whensoever we are destined to meet events which shall call forth all the energies of our countrymen, we have the firmest reliance on those energies, and the comfort of leaving for calls like these the extraordinary resources of loans and internal taxes. In the meantime, by payments of the principal of our debt, we are liberating, annually, portions of the external taxes, and forming from them a growing fund still further to lessen the necessity of recurring to extraordinary resources.

The usual accounts of receipts and expenditures for the last year, with an estimate of the expenses of the ensuing one, will be laid before you by the secretary of the treasury.

No change being deemed necessary in our military establishment, an estimate of its expenses for the ensuing year on its present footing, as also of the sums to be employed in fortifications and other objects within that department, has been prepared by the secretary of war, and will make a part of the general estimates which will be presented to you.

Considering that our regular troops are employed for local purposes, and that the militia is our general reliance for great and sudden emergencies, you will doubtless think this institution worthy of a review, and give it those improvements of which you find it susceptible.

Estimates for the naval department, prepared by the secretary of the navy for another year, will in like manner be communicated with the general estimates. A small force in the Mediterranean will still be necessary to restrain the Tripoline cruisers, and the uncertain tenure of peace with some other of the Barbary powers, may eventually require that force to be augmented. The necessity of procuring some smaller vessels for that service will raise the estimate, but the difference in their maintenance will soon make it a measure of economy.

Presuming it will be deemed expedient to expend annually a sum towards providing the naval defence which our situation may require, I cannot but recommend that the first appropriations for that purpose may go to the saving what we already possess. No cares, no attentions, can preserve vessels from rapid decay which lie in water and exposed to the sun. These decays require great and constant repairs, and will consume, if continued, a great portion of the money destined to naval purposes. To avoid this waste of our resources, it is proposed to add to our navy-yard here a dock, within which our vessels may be laid up dry and under cover from the sun. Under these circumstances experience proves that works of wood will remain scarcely at all affected by time. The great abundance of running water which this situation possesses, at heights far above the level of the tide, if employed as is practised for lock navigation, furnishes the means of raising and laying up our vessels on a dry and sheltered bed. And should the measure be found useful here, similar depositories for laying up as well as for building and repairing vessels may hereafter be undertaken at other navy-yards offering the same means. The plans and estimates of the work, prepared by a person of skill and experience, will be presented to you without delay; and from this it will be seen that scarcely more than has been the cost of one vessel is necessary to save the whole, and that the annual sum to be employed toward its completion may be adapted to the views of the legislature as to naval expenditure.

To cultivate peace and maintain commerce and navigation in all their lawful enterprises; to foster our fisheries and nurseries of navigation and for the nurture of man, and protect the manufactures adapted to our circumstances; to preserve the faith of the nation by an exact discharge of its debts and contracts, expend the public money with the same care and economy we would practise with our own, and impose on our citizens no unnecessary burden; to keep in all things within the pale of our constitutional powers, and cherish the federal union as the only rock of safety—these, fellow-citizens, are the landmarks by which we are to guide ourselves in all our proceedings. By continuing to make these our rule of action, we shall endear to our countrymen the true principles of their constitution, and promote a union of sentiment and of action equally auspicious to their happiness and safety. On my part, you may count on a cordial concurrence in every measure for the public good, and on all the information I possess which may enable you to discharge to advantage the high functions with which you are invested by your country.

Copyright © 2014 © 2015 TeaPartyEdu Foundation Truths The Patriot Brotherhood @CaptainJDavis

Thomas Jefferson First Annual Message as President December 1801


Preface: A most disgraceful state of affairs existed in the western Mediterranean. The Barbary Statesof Morocco, Algiers, Tunis, and Tripoli, combining fanatical religion with mundane greed, were waging a war of piracy against the maritime nations of Christendom. They held the keys to the Mediterranean, and took tribute of Great Britain, France, Spain, Holland, Portugal, Venice, and Naples alike. America was expected to pay, too. An American brig, the Betsy, was seized and taken to Morocco in the spring of 1785, and its crew finally liberated only by the intervention of Spain. When asked by Jefferson with what right his people made war with an unoffending nation at peace with them, the Tripolitan envoy in London replied that it was “written in the Koran that all nations which had not acknowledged the Prophet [Mohammed] were sinners, whom it was the right and duty of the faithful to plunder and enslave.” Outrageous as the depredations of these fanatical pirates were, the impotent government of the United States under the Articles of Confederation could not stop them. Jefferson was ordered to make a “present” of $20,000 to the Dey of Algiers, the “King of Cruelties,” and another of $20,000 to the Sultan of Morocco. Tripoli demanded $150,000, with a tip of $15,000 for the ambassador, to guarantee a perpetual peace. We were reduced to bargaining with the monastic order of the Mathurins, who acted as emancipation brokers in the Barbary states, to get our sailors and captains ransomed at the best figures possible. Indignant over the treatment of civilized peoples by these Mohammedan brigands, Jefferson tried to unite the maritime nations of western Europe in a league to enforce peace and security in the Mediterranean.


Fellow Citizens of the Senate and House of Representatives:

It is a circumstance of sincere gratification to me that on meeting the great council of our nation, I am able to announce to them, on the grounds of reasonable certainty, that the wars and troubles which have for so many years afflicted our sister nations have at length come to an end, and that the communications of peace and commerce are once more opening among them. While we devoutly return thanks to the beneficent Being who has been pleased to breathe into them the spirit of conciliation and forgiveness, we are bound with peculiar gratitude to be thankful to him that our own peace has been preserved through so perilous a season, and ourselves permitted quietly to cultivate the earth and to practice and improve those arts which tend to increase our comforts. The assurances, indeed, of friendly disposition, received from all the powers with whom we have principal relations, had inspired a confidence that our peace with them would not have been disturbed. But a cessation of the irregularities which had affected the commerce of neutral nations, and of the irritations and injuries produced by them, cannot but add to this confidence; and strengthens, at the same time, the hope, that wrongs committed on unoffending friends, under a pressure of circumstances, will now be reviewed with candor, and will be considered as founding just claims of retribution for the past and new assurance for the future.

Among our Indian neighbors, also, a spirit of peace and friendship generally prevails; and I am happy to inform you that the continued efforts to introduce among them the implements and the practice of husbandry, and of the household arts, have not been without success; that they are becoming more and more sensible of the superiority of this dependence for clothing and subsistence over the precarious resources of hunting and fishing; and already we are able to announce, that instead of that constant diminution of their numbers, produced by their wars and their wants, some of them begin to experience an increase of population.

Jefferson, Evil Muslims & the Koran: 1785 (Click to enlarge)

Jefferson, Evil Muslims & the Koran: 1785 (Click to enlarge)

To this state of general peace with which we have been blessed, one only exception exists. Tripoli, the least considerable of the Barbary States, (fn. 1) had come forward with demands unfounded either in right or in compact, and had permitted itself to denounce war, on our failure to comply before a given day. The style of the demand admitted but one answer. I sent a small squadron of frigates into the Mediterranean, with assurances to that power of our sincere desire to remain in peace, but with orders to protect our commerce against the threatened attack. The measure was seasonable and salutary. The bey had already declared war in form. His cruisers were out. Two had arrived at Gibraltar. Our commerce in the Mediterranean was blockaded, and that of the Atlantic in peril. The arrival of our squadron dispelled the danger. One of the Tripolitan cruisers having fallen in with, and engaged the small schooner Enterprise, commanded by Lieutenant Sterret, which had gone as a tender to our larger vessels, was captured, after a heavy slaughter of her men, without the loss of a single one on our part. The bravery exhibited by our citizens on that element, will, I trust, be a testimony to the world that it is not the want of that virtue which makes us seek their peace, but a conscientious desire to direct the energies of our nation to the multiplication of the human race, and not to its destruction. Unauthorized by the constitution, without the sanction of Congress, to go beyond the line of defence, the vessel being disabled from committing further hostilities, was liberated with its crew. The legislature will doubtless consider whether, by authorizing measures of offence, also, they will place our force on an equal footing with that of its adversaries. I communicate all material information on this subject, that in the exercise of the important function confided by the constitution to the legislature exclusively, their judgment may form itself on a knowledge and consideration of every circumstance of weight.

I wish I could say that our situation with all the other Barbary states was entirely satisfactory. Discovering that some delays had taken place in the performance of certain articles stipulated by us, I thought it my duty, by immediate measures for fulfilling them, to vindicate to ourselves the right of considering the effect of departure from stipulation on their side. From the papers which will be laid before you, you will be enabled to judge whether our treaties are regarded by them as fixing at all the measure of their demands, or as guarding from the exercise of force our vessels within their power; and to consider how far it will be safe and expedient to leave our affairs with them in their present posture.

I lay before you the result of the census lately taken of our inhabitants, to a conformity with which we are to reduce the ensuing rates of representation and taxation. You will perceive that the increase of numbers during the last ten years, proceeding in geometrical ratio, promises a duplication in little more than twenty-two years. We contemplate this rapid growth, and the prospect it holds up to us, not with a view to the injuries it may enable us to do to others in some future day, but to the settlement of the extensive country still remaining vacant within our limits, to the multiplications of men susceptible of happiness, educated in the love of order, habituated to self-government, and valuing its blessings above all price.

Other circumstances, combined with the increase of numbers, have produced an augmentation of revenue arising from consumption, in a ratio far beyond that of population alone, and though the changes of foreign relations now taking place so desirably for the world, may for a season affect this branch of revenue, yet, weighing all probabilities of expense, as well as of income, there is reasonable ground of confidence that we may now safely dispense with all the internal taxes, comprehending excises, stamps, auctions, licenses, carriages, and refined sugars, to which the postage on newspapers may be added, to facilitate the progress of information, and that the remaining sources of revenue will be sufficient to provide for the support of government, to pay the interest on the public debts, and to discharge the principals in shorter periods than the laws or the general expectations had contemplated. War, indeed, and untoward events, may change this prospect of things, and call for expenses which the imposts could not meet; but sound principles will not justify our taxing the industry of our fellow citizens to accumulate treasure for wars to happen we know not when, and which might not perhaps happen but from the temptations offered by that treasure.

These views, however, of reducing our burdens, are formed on the expectation that a sensible, and at the same time a salutary reduction, may take place in our habitual expenditures. For this purpose, those of the civil government, the army, and navy, will need revisal.

When we consider that this government is charged with the external and mutual relations only of these states ; that the states themselves have principal care of our persons, our property, and our reputation, constituting the great field of human concerns, we may well doubt whether our organization is not too complicated, too expensive ; whether offices and officers have not been multiplied unnecessarily, and sometimes injuriously to the service they were meant to promote. I will cause to be laid before you an essay toward a statement of those who, under public employment of various kinds, draw money from the treasury or from our citizens. Time has not permitted a perfect enumeration, the ramifications of office being too multiplied and remote to be completely traced in a first trial. Among those who are dependent on executive discretion, I have begun the reduction of what was deemed necessary. The expenses of diplomatic agency have been considerably diminished. The inspectors of internal revenue who were found to obstruct the accountability of the institution, have been discontinued. Several agencies created by executive authority, on salaries fixed by that also, have been suppressed, and should suggest the expediency of regulating that power by law, so as to subject its exercises to legislative inspection and sanction. Other reformations of the same kind will be pursued with that caution which is requisite in removing useless things, not to injure what is retained. But the great mass of public offices is established by law, and, therefore, by law alone can be abolished. Should the legislature think it expedient to pass this roll in review, and try all its parts by the test of public utility, they may be assured of every aid and light which executive information can yield. Considering the general tendency to multiply offices and dependencies, and to increase expense to the ultimate term of burden which the citizen can bear, it behooves us to avail ourselves of every occasion which presents itself for taking off the surcharge; that it never may be seen here that, after leaving to labor the smallest portion of its earnings on which it can subsist, government shall itself consume the residue of what it was instituted to guard.

In our care, too, of the public contributions intrusted to our direction, it would be prudent to multiply barriers against their

dissipation, by appropriating specific sums to every specific purpose susceptible of definition; by disallowing all applications of money varying from the appropriation in object, or transcending it in amount; by reducing the undefined field of contingencies, and thereby circumscribing discretionary powers over money; and by bringing back to a single department all accountabilities for money where the examination may be prompt, efficacious, and uniform.

An account of the receipts and expenditures of the last year, as prepared by the secretary of the treasury, will as usual be laid before you. The success which has attended the late sales of the public lands, shows that with attention they may be made an important source of receipt. Among the payments, those made in discharge of the principal and interest of the national debt, will show that the public faith has been exactly maintained. To these will be added an estimate of appropriations necessary for the ensuing year. This last will of course be effected by such modifications of the systems of expense, as you shall think proper to adopt.

A statement has been formed by the secretary of war, on mature consideration, of all the posts and stations where garrisons will be expedient, and of the number of men requisite for each garrison. The whole amount is considerably short of the present military establishment. For the surplus no particular use can be pointed out. For defence against invasion, their number is as nothing; nor is it conceived needful or safe that a standing army should be kept up in time of peace for that purpose. Uncertain as we must ever be of the particular point in our circumference where an enemy may choose to invade us, the only force which can be ready at every point and competent to oppose them, is the body of neighboring citizens as formed into a militia. On these, collected from the parts most convenient, in numbers proportioned to the invading foe, it is best to rely, not only to meet the first attack, but if it threatens to be permanent, to maintain the defence until regulars may be engaged to relieve them. These considerations render it important that we should at every session continue to amend the defects which from time to time show themselves in the laws for regulating the militia, until they are sufficiently perfect. Nor should we now or at any time separate, until we can say we have done everything for the militia which we could do were an enemy at our door.

The provisions of military stores on hand will be laid before you, that you may judge of the additions still requisite.

With respect to the extent to which our naval preparations should be carried, some difference of opinion may be expected to appear; but just attention to the circumstances of every part of the Union will doubtless reconcile all. A small force will probably continue to be wanted for actual service in the Mediterranean. Whatever annual sum beyond that you may think proper to appropriate to naval preparations, would perhaps be better employed in providing those articles which may be kept without waste or consumption, and be in readiness when any exigence calls them into use. Progress has been made, as will appear by papers now communicated, in providing materials for seventy-four gun ships as directed by law.

How far the authority given by the legislature for procuring and establishing sites for naval purposes has been perfectly understood and pursued in the execution, admits of some doubt. A statement of the expenses already incurred on that subject, shall be laid before you. I have in certain cases suspended or slackened these expenditures, that the legislature might determine whether so many yards are necessary as have been contemplated. The works at this place are among those permitted to go on; and five of the seven frigates directed to be laid up, have been brought and laid up here, where, besides the safety of their position, they are under the eye of the executive administration, as well as of its agents, and where yourselves also will be guided by your own view in the legislative provisions respecting them which may from time to time be necessary. They are preserved in such condition, as well the vessels as whatever belongs to them, as to be at all times ready for sea on a short warning. Two others are yet to be laid up so soon as they shall have received the repairs requisite to put them also into sound condition. As a superintending officer will be necessary at each yard, his duties and emoluments, hitherto fixed by the executive, will be a more proper subject for legislation. A communication will also be made of our progress in the execution of the law respecting the vessels directed to be sold.

The fortifications of our harbors, more or less advanced, present considerations of great difficulty. While some of them are on a scale sufficiently proportioned to the advantages of their position, to the efficacy of their protection, and the importance of the points within it, others are so extensive, will cost so much in their first erection, so much in their maintenance, and require such a force to garrison them, as to make it questionable what is best now to be done. A statement of those commenced or projected, of the expenses already incurred, and estimates of their future cost, so far as can be foreseen, shall be laid before you, that you may be enabled to judge whether any attention is necessary in the laws respecting this subject.

Agriculture, manufactures, commerce, and navigation, the four pillars of our prosperity, are the most thriving when left most free to individual enterprise. Protection from casual embarrassments, however, may sometimes be seasonably interposed. If in the course of your observations or inquiries they should appear to need any aid within the limits of our constitutional powers, your sense of their importance is a sufficient assurance they will occupy your attention. We cannot, indeed, but all feel an anxious solicitude for the difficulties under which our carrying trade will soon be placed. How far it can be relieved, otherwise than by time, is a subject of important consideration.

The judiciary system of the United States, and especially that portion of it recently erected, will of course present itself to the contemplation of Congress; and that they may be able to judge of the proportion which the institution bears to the business it has to perform, I have caused to be procured from the several States, and now lay before Congress, an exact statement of all the causes decided since the first establishment of the courts, and of those which were depending when additional courts and judges were brought in to their aid.

And while on the judiciary organization, it will be worthy your consideration, whether the protection of the inestimable institution of juries has been extended to all the cases involving the security of our persons and property. Their impartial selection also being essential to their value, we ought further to consider whether that is sufficiently secured in those States where they are named by a marshal depending on executive will, or designated by the court or by officers dependent on them.

I cannot omit recommending a revisal of the laws on the subject of naturalization. Considering the ordinary chances of human life, a denial of citizenship under a residence of fourteen years is a denial to a great proportion of those who ask it, and controls a policy pursued from their first settlement by many of these States, and still believed of consequence to their prosperity. And shall we refuse the unhappy fugitives from distress that hospitality which the savages of the wilderness extended to our fathers arriving in this land? Shall oppressed humanity find no asylum on this globe? The constitution, indeed, has wisely provided that, for admission to certain offices of important trust, a residence shall be required sufficient to develop character and design. But might not the general character and capabilities of a citizen be safely communicated to every one manifesting a bontifide purpose of embarking his life and fortunes permanently with us? with restrictions, perhaps, to guard against the fraudulent usurpation of our flag; an abuse which brings so much embarrassment and loss on the genuine citizen, and so much danger to the nation of being involved in war, that no endeavor should be spared to detect and suppress it.

These, fellow citizens, are the matters respecting the state of the nation, which I have thought of importance to be submitted to your consideration at this time. Some others of less moment, or not yet ready for communication, will be the subject of separate messages. I am happy in this opportunity of committing the arduous affairs of our government to the collected wisdom of the Union. Nothing shall be wanting on my part to inform, as far as in my power, the legislative judgment, nor to carry that judgment into faithful execution. The prudence and temperance of your discussions will promote, within your own walls, that conciliation which so much befriends rational conclusion; and by its example will encourage among our constituents that progress of opinion which is tending to unite them in object and in will. That all should be satisfied with any one order of things is not to be expected, but I indulge the pleasing persuasion that the great body of our citizens will cordially concur in honest and disinterested efforts, which have for their object to preserve the general and State governments in their constitutional form and equilibrium; to maintain peace abroad, and order and obedience to the laws at home; to establish principles and practices of administration favorable to the security of liberty and property, and to reduce expenses to what is necessary for the useful purposes of government.



Footnote(s): 1.
The Barbary States were the Arab Muslim (Islamic) States of North Africa; the Muslims were pirates, slavers, and generally the same as they are today. They committed piracy much the same way they do today in states like Somalia. North Africa at the time of Mohammed’s birth and centuries before were Christian States, from about 540 A.D. the Plague of Justinian wiped out about half the Christian population. Much as the Muslims do today, they wait for a peoples weakened condition where they as cowards are almost assured a victory. This left those states vulnerable to the Muslim Menace and by 711 A.D. all the Christian provinces fell to the Muslim sword of the moon god allah and their inhabitants enslaved. Just as the Romans had done before them with the true followers of Christ, christians were persecuted incessantly, killed horribly, and enslaved cruelly.

The vast area conquered by the Arab Muslims (followers of the false prophet and usurper Mohammed) became known as Barbary States; Morocco, Algeria, Tunis,  Tripoli, and Barca, which is sometimes included with Tripoli. The Muslims of North Africa practiced slavery on a vast scale by raiding the coasts of Europe and stealing men, women, and children for slavery or to obtain ransom money from their relatives. Their slave empire also extended southward into sub Sahara Africa. It should be noted before the Muslim’s enslaved their captives, it was universal in Africa for the victors to eat their captives or sacrifice them to idols, so the Muslims instituting slavery was actually a step toward civilizing those areas of Africa which practiced cannibalism. In the early periods of Europe, slavery was a general custom, which yielded only gradually to the humane influences of true Christianity. Fair haired Saxon slaves from England caught the attention of Pope Gregory in the slave markets of Rome, upon seeing them, he hailed them as angels.

They were constantly interrupting European and American shipping in the Mediterranean and Straits of Gibraltar, kidnapping, killing and enslaving European and American sailors, much like the Muslims do today.  Morocco was the first country to seize a U.S. ship. The Betsey was a merchant brig and was seized off the coast of Spain in 1784. Much like our government does today the Colonial government of the young Republic tried diplomacy before they realized trying to appease the Arab Muslims was a fools errand, and they decided to use force to stop the abuses by the Muslim’s in the Barbary States.

Just as the Crusades took place because of centuries of Muslim oppression of Christians and the constant invasions into Europe by the Muslim Menace, which would have overrun Europe if it had not been for the man (Charles “the Hammer” Martel) raised by God to stop the Muslim horde who had just sacked and were pillaging Aquitaine. Charles, under whose leadership the Europeans stopped the advance of the Muslim armies into Europe in 732. Much as the Muslim cowards do today, once defeated at the Battle of Tours they turned tail and ran all the way back to Iberia, which surprised Charles as he was expecting another attack from the Muslims who vastly outnumbered his army. Charles’ victory at the Battle of Tours saved Western Europe from the Muslim invasions and was a turning point in European history.

Reference: Journal of the House of Representatives of the United States; December 7, 1801
Thomas Jefferson by David Saville Muzzey

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Virginia Protest Prepared by Jefferson for the Legislature of Virginia


Jefferson Tells How the Federal Government should be Administered

Protest Prepared by Thomas Jefferson for the Legislature of Virginia; December, 1825

The solemn Declaration and Protest of the Commonwealth of Virginia, on the principles of the Constitution of the United Stales of America, and on the violations of them. We, the General Assembly of Virginia, on behalf, and in the name of the people thereof, do declare as follows:

The States in North America which confederated to establish their independence on the Government of Great Britain, of which Virginia was one, became, on that acquisition, free and independent States, and, as such, authorized to constitute Governments, each for itself, in such forms as it thought best.

They entered into a compact, (which is called the Constitution of the United States of America,) by which they agreed to unite in a single Government, as to their relations with each other, and with foreign nations, and as to certain other articles particularly specified. They retained at the same time, each to itself, the other rights of independent government, comprehending, mainly, their domestic interests.

For the administration of their Federal branch, they agreed to appoint, in conjunction, a distinct set of functionaries. Legislative, Executive, and Judiciary, in the manner settled in that compact: while to each, severally and of course, remained its original right of appointing, each for itself, a separate set of functionaries, Legislative, Executive, aud Judiciary, also, for administering the domestic branch of their respective Governments.

These two sets of officers, each independent of the other, constitute thus a whole of government, for each State separately; the powers ascribed to the one, as specifically made Federal, exercised over the whole; the residuary powers, retained to the other, exercisable exclusively over its particular States, foreign herein, each to the other, as they were before the original compact.

To this construction of government and distribution of its power, the Commonwealth of Virginia does religiously and affectionately adhere, opposing with equal fidelity and firmness, the usurpation of either set of functionaries on the rightful powers of the other.

But the Federal branch has assumed, in some cases, and claimed in others, a right of enlarging its own powers by constructions, inferences, and indefinite -deductions from those directly given, which this Assembly does declare to be usurpations of the powers retained to the independent branches; mere interpolations into the compact, and direct infractions of it.

They claim, for example, and have commenced the exercise of, a right to construct roads, open canals, and effect other internal improvements within the territories and jurisdictions exclusively belonging to the several States, which this Assembly does declare has not been given to that branch by the constitutional compact, but remains to each State, among its domestic and unalienated powers, exercisable within itself, and by its domestic authorities alone.

This Assembly does further disavow and declare to be most false and unfounded, the doctrine that the compact, in authorizing its Federal branch to lay and collect taxes, duties, imposts, and excises; to pay all debts and provide for the common defence and general welfare of the United States, has given them thereby a power to do whatever they may think, or pretend, would promote the general welfare; which construction would make that, of itself, a complete government, without limitation of powers; but that the plain sense and obvious meaning was, that they might levy the taxes necessary to provide for the general welfare, by the various acts of power therein specified and delegated to them, and by no others.

Nor is it admitted, as has been said, that the people of these States, by not investing their Federal branch with all the means of bettering their condition, have denied to themselves any which may effect that purpose, since, in the distribution of these means, they have given to that branch those which belong to its departments, and to the States have reserved, separately, the residue which belong to them separately. And thus, by the organization of the two branches taken together, have completely secured the first object of human association, the full improvement of their condition, and reserved to themselves all the faculties of multiplying their own blessings.

Whilst the General Assembly thus declares the rights retained by the State, rights which they never have yielded, and which tho Stale never will voluntarily yield, they do not mean to raise the banner of disaffection, or of separation from their sister States, co-parties with themselves to this compact. They know and value too highly the blessings of their Union, as to foreign nations and questions arising among themselves, to consider every infraction to be met by actual resistance. They respect too affectionately the opinions of those possessing the same rights, under the same instrument, to make every difference of construction a ground of immediate rupture. They would, indeed,consider such a rupture as among the greatest calamities which could befall them; but not the greatest. There is yet One Greater—submission to a Government of Unlimited Powers.

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KENTUCKY RESOLUTIONS by Thomas Jefferson 1798


Resolutions of Kentucky, written by Thomas Jefferson 1798

1. Resolved, That the several States composing the United States of America, are not united on the principle of unlimited submission to their General [Federal] Government; but that, by a compact under the style and title of a Constitution for the United States, and of Amendments thereto, they constituted a General Government for special purposes,—delegated to that government certain definite powers, reserving, each State to itself, the residuary mass of right to their own self-government; and that whensoever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force: that to this compact each State acceded as a State, and is an integral party, its co-States forming, as to itself, the other party: that the Government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers: but that, as in all other cases of compact among powers having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.

2. Resolved, That the Constitution of the United States, having delegated to Congress a power to punish treason, counterfeiting the securities and current coin of the United States, piracies, and felonies committed on the high seas, and offences against the law of nations, and no other crimes whatsoever: and it being true as a general principle, and one of the amendments to the Constitution having also declared, that “the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”, therefore the act of Congress, passed on the 14th day of July, 1798, and intituled “An Act in addition to the act intituled ‘An Act for the punishment of certain crimes against the United States ‘ “, as also the act passed by them on the day of June, 1789, intituled ” An Act to punish frauds committed on the Bank of the United States” (and all their other acts which assume to create, define, or punish crimes, other than those so enumerated in the Constitution), are altogether void, and of no force: and that the power to create, define, and punish such other crimes is reserved, and, of right, appertains solely and exclusively to the respective States, each within its own territory.

3. Resolved, That it is true as a general principle, and is also expressly declared by one of the amendments to the Constitution, that ” the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people “; and that no power over the freedom of religion, freedom of speech, or freedom of the press being delegated to the United States by the Constitution, nor prohibited by it to the States, all lawful powers respecting the same did of right remain, and were reserved to the States or the people; that thus was manifested their determination to retain to themselves the right of judging how far the licentiousness of speech and of the press may be abridged without lessening their useful freedom, and how far those abuses which cannot be separated from their use should be tolerated, rather than the use be destroyed. And thus also they guarded against all abridgment by the United States of the freedom of religious opinions and exercises, and retained to themselves the right of protecting the same, as this State, by a law passed on the general demand of its citizens, had already protected them from all human restraint or interference. And that in addition to this general principle and express declaration, another and more special provision has been made by one of the amendments to the Constitution, which expressly declares, that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press “; thereby guarding in the same sentence, and under the same words, the freedom of religion, of speech, and of the press: insomuch, that whatever violated either, throws down the sanctuary which covers the others, and that libels, falsehoods, and defamation, equally with heresy and false religion, are withheld from the cognizance of Federal tribunals. That, therefore, the act of Congress of the United States, passed on the 14th day of July, 1798, intituled “An Act in addition to the act intituled ‘ An Act for the punishment of certain crimes against the United States'” which does abridge the freedom of the press, is not law, but is altogether void, and of no force.


4. Resolved, That alien friends are under the jurisdiction and protection of the laws of the State wherein they are; that no power over them has been delegated to the United States, nor prohibited to the individual States, distinct from their power over citizens. And it being true as a general principle, and one of the amendments to the Constitution having also declared, that “the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people “, the act of the Congress of the

United States, passed on the day of July, 1798, intituled “An Act concerning aliens”, which assumes powers over alien friends, not delegated by the Constitution, is not law, but is altogether void, and of no force.

5. Resolved, That in addition to the general principle, as well as the express declaration, that powers not delegated are reserved, another and more special provision, inserted in the Constitution from abundant caution, has declared that “the migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year 1808″: that this Commonwealth does admit the migration of alien friends, described as the subject of the said act concerning aliens: that a provision against prohibiting their migration, is a provision against all acts equivalent thereto, or it would be nugatory: that to remove them when migrated, is equivalent to a prohibition of their migration, and is, therefore, contrary to the said provision of the Constitution, and void.

6. Resolved, That the imprisonment of a person under the laws of this Commonwealth, on his failure to obey the simple order of the President to depart out of the United States, as is undertaken by said act intituled “An Act concerning aliens” is contrary to the Constitution, one amendment to which has provided that “no person shall be deprived of liberty without due process of law “: and that another having provided that “in all criminal prosecutions the accused shall enjoy the right to public trial by an impartial jury, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence “, the same act, undertaking to authorize the President to remove a person out of the United States, who is under the protection of the law, on his own suspicion, without accusation without jury, without public trial, without confrontation of the witnesses against him, without hearing witnesses in his favor, without defence, without counsel, is contrary to the provision also of the Constitution, is therefore not law, but utterly void, and of no force: that transferring the power of judging any person, who is under the protection of the laws, from the courts to tie ‘resident of the United States, as is undertaken by the same act concerning aliens, is against the article of the Constitution which provides that ” the judicial power of the United States shall be vested in courts, the judges of which shall hold their offices during good behavior “; and that the said act is void for that reason also. And it is further to be noted, that this transfer of judiciary power is to that magistrate of the General Government who already possesses all the Executive and a negative on all Legislative powers.

7. Resolved, That the construction applied by the General Government (as is evidenced by sundry of their proceedings) to those parts of the Constitution of the United States which delegate to Congress a power “to lay and collect taxes, duties, imposts and excises, to pay the debts, and provide for the common defence and general welfare of the United States”, and “to make all laws which shall be necessary and proper for carrying into execution the powers vested by the Constitution in the government of the United States, or in any department or officer thereof”, goes to the destruction of all limits prescribed to their power by the Constitution: that words meant by the instrument to be subsidiary only to the execution of limited powers, ought not to be so construed as themselves to give unlimited powers, nor a part to be so taken as to destroy the whole residue of that instrument: that the proceedings of the General Government under color of these articles, will be a fit and necessary subject of revisal and correction, at a time of greater tranquillity, while those specified in the preceding resolution call for immediate redress.

8. Resolved, That a committee of conference and correspondence be appointed, who shall have in charge to communicate the preceding resolutions to the Legislatures of the several States: to assure them that this Commonwealth continues in the same esteem of their friendship and union which it has manifested from that moment at which a common danger first suggested a common union: that it considers union, for specified national purposes, and particularly to those specified in their late Federal compact, to be friendly to the peace, happiness and prosperity of all the States: that faithful to that compact, according to the plain intent and meaning in which it was understood and acceded to by the several parties, it is sincerely anxious for its preservation: that it does also believe, that to take from the States all the powers of self-government and transfer them to a general and consolidated government, without regard to the special delegations and reservations solemnly agreed to in that compact, is not for the peace, happiness or prosperity of these States; and that, therefore, this Commonwealth is determined, as it doubts not its co-States are, to submit to undelegated, and consequently unlimited powers in no man, or body of men on earth: that in cases of an abuse of the delegated powers, the members of the General Government, being chosen by the people, a change by the people would be the constitutional remedy; but, where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy; that every State has a natural right in cases not within the compact (casus non foederis), to nullify of their own authority all assumptions of power by others within their limits: that without this right, they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them: that nevertheless, this Commonwealth, from motives of regard and respect for its co-States, has wished to communicate with them on the subject: that with them alone it is proper to communicate, they alone being parties to the compact, and solely authorized to judge in the last resort of the powers exercised under it, Congress being not a party, but merely the creature of the compact, and subject as to its assumptions of power to the final judgment of those by whom, and for whose use itself and its powers were all created and modified: that if the acts before specified should stand, these conclusions would flow from them; that the General Government may place any act they think proper on the list of crimes, and punish it themselves whether enumerated or not enumerated by the Constitution as cognizable by them; that they may transfer its cognizance to the President, or any other person, who may himself be the accuser, counsel, judge, and jury, whose suspicions may be the evidence, his order the sentence, his officer the executioner, and his breast the sole record of the transaction: that a very numerous and valuable description of the inhabitants of these States being, by this precedent, reduced, as outlaws, to the absolute dominion of one man. and the barrier of the Constitution thus swept away from us all, no rampart now remains against the passions and the powers of a majority in Congress to protect from a like exportation, or other more grievous punishment, the minority of the same body, the legislatures, judges, governors, and councillors of the States, nor their other peaceable inhabitants, who may venture to reclaim the constitutional rights and liberties of the States and people, or who for other causes, good or bad. may be obnoxious to the views, or marked by the suspicions of the President, or be thought dangerous to his or their election, or other interests, public or personal: that the friendless alien has indeed been selected as the safest subject of a first experiment; but the citizen will soon follow, or rather, has already followed, for already has a Sedition Act marked him as its prey;that these and successive acts of the same character, unless arrested at the threshold, necessarily drive these States into revolution and blood, and will furnish new calumnies against republican government, and new pretexts for those who wish it to be believed that man cannot be governed but by a rod of iron; that it would be a dangerous delusion were a confidence in the men of our choice to silence our fears for the safety of our rights: that confidence is everywhere the parent of despotism—free government is founded in jealousy, and not in confidence: it is jealousy and not confidence which prescribes limited constitutions, to bind down those whom we are obliged to trust with power: that our Constitution has accordingly fixed the limits to which, and no further, our confidence may go; and let the honest advocate of confidence read the Alien and Sedition Acts, and say if the Constitution has not been wise in fixing limits to the government it created, and whether we should be wise in destroying those limits. Let him say what the government is, if it be not a tyranny, which the men of our choice have conferred on our President and President of our choice has assented to, and accepted over the friendly strangers to whom the mild spirit of our country and its laws have pledged hospitality and protection: that the men of our choice have more respected the bare suspicions of the President, than the solid right of innocence, the claims of justification, the sacred force of truth, and the forms and substance of law and justice. In questions of power, then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution. That this Commonwealth does, therefore, call on its co-States for an expression of their sentiments on the acts concerning aliens, and for the punishment of certain crimes herein before specified, plainly declaring whether these acts are or are not authorized by the Federal compact. And it doubts not that their sense will be so announced as to prove their attachment unaltered to limited government, whether general or particular. And that the rights and liberties of their co-States will be exposed to no dangers by remaining embarked in a common bottom with their own. That they will concur with this Commonwealth in considering the said acts as so palpably against the Constitution as to amount to an undisguised declaration that that compact is not meant to be the measure of the powers of the General Government, but that it will proceed in the exercise over these States, of all powers whatsoever: that they will view this as seizing the rights of the States, and consolidating them in the hands of the General Government, with a power assumed to bind the States (not merely in the cases made Federal (casus faderis) but) in all cases whatsoever, by laws made, not with their consent, but by others against their consent; that this would be to surrender the form of government we have chosen, and live under one deriving its powers from its own will, and not from our authority; and that the co-States, recurring to their natural right in cases not made Federal, will concur in declaring these acts void, and of no force, and will each take measures of its own for providing that neither these acts, nor any others of the General Government not plainly and intentionally authorized by the Constitution, shall be exercised within their respective territories.

9. Resolved, That the said committee be authorized to communicate by writing or personal conferences, at any times or places whatever, with any person or persons who may be appointed by any one or more co-States to correspond or confer with them; and that they lay their proceeding before the next session of Assembly.—Writings of Jefferson; Paul Ford Ed., vii, 289. (1798.)

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Thomas Jefferson Defines What a True Republic Is


We shall now be so strong that we shall certainly split again; for freemen thinking differently and speaking and acting as they think, will form into classes of sentiment, but it must be under another name; that of Federalism is to become so scanted that no party can rise under it.

As the division between 1. Tory [Democrats & GOP] is founded in the nature of men, the weakly [cowardly] and nerveless, the rich and the corrupt, seeing more safety and accessibility in a strong executive;

and 2. Whig [Tea Party Republicans] the healthy, firm and virtuous feeling confidence in their physical and moral resources, and willing to part with only so much power as is necessary for their good government, and therefore to retain the rest in the hands of the many, the division will substantially be into Whig and Tory, as in England, formerly. ~ Thomas Jefferson to Joel Barlow, 1802

It was to escape the oppression resulting from governments controlled by the select few, so often ruling under the assumption that “might makes right,” that gave birth to republics. Monarchial rulers refuse to recognize their accountability to the people governed by them. In a republic the converse is the rule. The tenure of office may be for a short or a long period, or even for life, yet those in office are at all times answerable, either directly or indirectly, to the people, and in proportion to their responsibility to those for whom they may be the public agents, and the nearer the power to enact laws and control public servants lies with the great body of the people [This is referring to the House of Representatives, they are the closest to the American people because they are up for re-election every 2 years, instead of 6 like the Senate and 4 like the President. This  is also the reason the House of Representatives have the  Power of the Purse, because they are more accountable to the people and it is through the House of Reps that the people are supposed to be able to weld that power by defunding something the President is doing that the people disagree with], the more nearly does a government take unto itself the form of a republic—not in name alone, but in fact. From this it follows that each republic may differ in its political system or in the political machinery by which it moves, but, so long as the ultimate control of its officials and affairs of state remain in its citizens, , it will in the eye of all republics be recognized as a government of that class. Of this we have many examples in Central and South America. It becomes then a matter of degree, and the fear manifested by the briefs filed in this case would seem to indicate, not that we are drifting from the secure moorings of a republic, but that our State, by the direct system of legislation complained of, is becoming too democratic—advancing too rapidly towards a republic pure in form. This, it is true, counsel for petitioner does not concede, but under any interpretation of which the term is capable, or from any view thus far found expressed in the writings of the prominent statesmen who were members of the Constitutional Convention, or who figured in the early upbuilding of the nation, it follows that the system here assailed brings us nearer to a State republican in form than before its adoption. Mr. Thomas Jefferson, in 1816, when discussing the term republic, defined and illustrated his view thereof as follows:

Thomas Jefferson to John Taylor, May 28, 1816

”Indeed, it must be acknowledged that the term ‘republic’ is of very vague application in every language. Witness the self-styled republics of Holland, Switzerland, Genoa, Venice, Poland. Were I to assign to this term a precise and definite idea, I would say, merely and simply, it means a government by its citizens in mass, acting directly and personally, according to rules established by the majority; and that every other government is more or less Republican, in proportion as it has in its composition more or less of this ingredient of the direct action of the citizens. Such a government is evidently restrained to very narrow limits of space and population. I doubt if it would be practicable beyond the extent of a New England township. The first shade from the pure which, like that of pure vital air, cannot sustain life itself, would be where the powers of the government, being divided, should be exercised each by representatives chosen either, pro hoc vice, or for such short terms as should render secure the duty of expressing the will of their constituents. This I should consider as the nearest approach to a pure Republic, which is practicable on a large scale of country or population. * * * In the general government, the House of Representatives is mainly Republican; the Senate scarcely so at all, as not elected by the people directly, and so long secured even against those who do elect them; the Executive more Republican than the Senate, from its shorter term, its election by the people, in practice (for they vote for A only on an assurance that he will vote for B) and because, in practice also, a principle of rotation seems to be in a course of establishment; the judiciary independent of the nation, their coercion by impeachment being found nugatory (nugatory = worthless or unimportant). [Coercion of the judiciary by impeachment, this means if judges are doing anything the people find unacceptable they can be impeached. As I pointed out earlier the House of Representatives better represent the will of the people because they are closest to the peoples will, since they are subject to re-election every two years. The Founders in their wisdom also gave the House of Representatives the  power of impeachment. As we have seen the House of Representatives have been bullied by the media and the democrat party to all but surrender the power of impeachment, i.e. they never use it out of fear of what the media is going to tar them with. However the House can not only impeach the president, they can also impeach anyone in government, including judges, which in my estimation should happen quite often where government employees are concerned. Do not forget, everyone in government in the U.S.A. is supposed to be servants of the people. Far too often the people in government act as if, it is the people who are supposed serve government, or those in government. After the House was given the power of impeachment, the Senate was given the sole responsibility of trying those who are impeached. The Founding Fathers did this because the Senate is supposed to be more methodical and deliberative than either the President or House of Reps. Originally the Senate was made up of two State Senators from each respective state. The senators could be recalled at any time by each states senate, which also made them closer to the will of the people than they are now, because the state senates are closer to the people than the Senate in Washington D.C. We now see the radical leftwing media and the democrat party trying to shame, bully and coerce the House of Representatives into giving up the Power of the Purse. As with the DHS funding where the House of Representatives are trying to take away or eliminate funding from the Presidents unconstitutional immigration actions, where he is trying to give 5,000,000+ illegal aliens amnesty. The people (through their lack of knowledge of the Constitution and the Founding Principles of this Nation) are letting the media and those in government take away their power by the House of Represetatives giving up their power, again it is the House of Representatives that are closest to the will of the American people. The American people should really wake up to this fact before they let those in media and politics eliminate all the peoples power through the elimination of the House’s power.]

If, then, the control of the people over the organs of their government be the measure of its Republicanism, and I confess I know no other measure, it must be agreed that our governments have much less of Republicanism than ought to have been expected; in other words, that the people have less regular control over their agents, than their rights and their interests require. And this I ascribe, not to any want of Republican dispositions in those who formed these constitutions, but to a submission of true principle to European authorities, to speculators on government, whose fears of the people have been inspired by the populace of their own great cities, and were unjustly entertained against the independent, the happy, and therefore orderly citizens of the United States. Much I apprehend that the golden moment is past for reforming these heresies. The functionaries of public power rarely strengthen in their disposition to abridge it, and an organized call for timely amendment is not likely to prevail against an organized opposition to it. We are always told that things are going on well; why change them? “Chi sta bene, non si muore,” said the Italian, “let him who stands well, stand still.” This is true; and I verily believe they would go on well with us under an absolute monarch, while our present character remains, of order, industry and love of peace and restrained, as he would be, by the proper spirit of the people. But it is while it remains such, we should provide against the consequences of its deterioration. And let us rest in hope that it will yet be done, and spare ourselves the pain of evils which may never happen.

On this view of the import of the term Republic, instead of saying, as has been said, “that it may mean anything or nothing,” we may say with truth and meaning, that governments are more or less Republican, as they have more or less of the element of popular election and control in their composition; and believing, as I do, that the mass of the citizens is the safest depository of their own rights, and especially, that the evils flowing from the duperies of the people, are less injurious than those from the egoism of their agents, I am a friend to that composition of government which has in it the most of this ingredient. And I sincerely believe, with you, that banking establishments are more dangerous than standing armies; and that the principle of spending money to be paid by posterity, under the name of funding, is but swindling futurity on a large scale.”

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On the instructions given to the first delegation of Virginia to Congress, in August, 1774.

The Legislature of Virginia happened to be in session, in Williamsburg, when news was received of the passage, by the British Parliament, of the Boston Port Bill, which was to take effect on the first day of June then ensuing. The House of Burgesses, thereupon, passed a resolution, recommending to their fellow-citizens, that that day should be set apart for fasting and prayer to the Supreme Being, imploring him to avert the calamities then threatening us, and to give us one heart and one mind to oppose every invasion of our liberties. The next day, May the 20th, 1774, the Governor dissolved us. We immediately repaired to a room in the Raleigh tavern, about one hundred paces distant from the Capitol, formed ourselves into a meeting, Peyton Randolph in the chair, and came to resolutions, declaring, that an attack on one colony, to enforce arbitrary acts, ought to be considered as an attack on all, and to be opposed by the united wisdom of all. We, therefore, appointed a Committee of correspondence, to address letters to the Speakers of the several Houses of Representatives of the colonies, proposing the appointment of deputies from each, to meet annually in a General Congress, to deliberate on their common interests, and on the measures to be pursued in common. The members then separated to their several homes, except those of the Committee, who met the next day, prepared letters according to instructions, and despatched them by messengers express, to their several destinations. It had been agreed, also, by the meeting, that the Burgesses, who should be elected under the writs then issuing, should be requested to meet in Convention, on a certain day in August, to learn the results of these letters, and to appoint delegates to a Congress, should that measure be approved by the other colonies. At the election, the people reelected every man of the former Assembly, as a proof of their approbation of what they had done. Before I left home, to attend the Convention, I prepared what I thought might be given, in instruction, to the Delegates who should be appointed to attend the General Congress proposed. They were drawn in haste, with a number of blanks, with some uncertainties and inaccuracies of historical facts, which I neglected at the moment, knowing they could be readily corrected at the meeting. I set out on my journey, but was taken sick on the road, and was unable to proceed. I therefore sent on, by express, two copies, one under cover to Patrick Henry, the other to Peyton Randolph, who I knew would be in the chair of the Convention. Of the former, no more was ever heard or known. Mr. Henry probably thought it too bold, as a first measure, as the majority of the members did. On the other copy being laid on the table of the Convention, by Peyton Randolph, as the proposition of a member, who was prevented from attendance by sickness on the road, tamer sentiments were preferred, and, 1 believe, wisely preferred: the leap I proposed being too long, as yet, for the mass of our citizens. The distance between these, and the instructions actually adopted, is of some curiosity, however, as it shews the inequality of pace with which we moved, and the prudence required to keep front and rear together. My creed had been formed on unsheathing the sword at Lexington. They printed the paper, however, and gave it the title of ‘ A summary view of the rights of British America.’ In this form it got to London, where the opposition took it up, shaped it to opposition views, and, in that form, it ran rapidly through several editions.

Mr. Marshall, in his history of General Washington, chapter 3, speaking of this proposition for Committees of correspondence and for a General Congress, says, ‘ this measure had already been proposed in town meeting, in Boston,’ and some pages before, he had said, that’ at a session of the General Court of Massachusetts, in September, 1770, that Court, in pursuance of a favorite idea of uniting all the colonies in one system of measures, elected a Committee of correspondence, to communicate with such Committees as might be appointed by the other colonies.’ This is an error. The Committees of correspondence, elected by Massachusetts, were expressly for a correspondence among the several towns of that province only. Besides the text of their proceedings, his own note X, proves this. The first proposition for a general correspondence between the several states, and for a General Congress, was made by our meeting of May, 1774. Botta, copying Marshall, has repeated his error, and so it will be handed on from copyist to copyist, ad infinitum. Here follows my proposition, and the more prudent one which was adopted.


by Thomas Jefferson;

Editor Descriptive Notes in [Brackets and Italics]

“It is the indispensable duty of the supreme magistrate to consider himself as acting for the whole community, and obliged to support its dignity, and assign to the people, with justice, their various rights, as he would be faithful to the great trust reposed in him.” ~ Cicero

Resolved, that it be an instruction to the said deputies, when assembled in general congress with the deputies from the other states of British America, to propose to the said congress that an humble and dutiful address be presented to his majesty, begging leave to lay before him, as chief magistrate of the British empire, the united complaints of his majesty’s subjects in America; complaints which are excited by many unwarrantable encroachments and usurpations, attempted to be made by the legislature of one part of the empire, upon those rights which God and the laws have given equally and independently to all. To represent to his majesty that these his states have often individually made humble application to his imperial throne to obtain, through its intervention, some redress of their injured rights, to none of which was ever even an answer condescended; humbly to hope that this their joint address, penned in the language of truth, and divested of those expressions of servility which would persuade his majesty that we are asking favours, and not rights, shall obtain from his majesty a more respectful acceptance. And this his majesty will think we have reason to expect when he reflects that he is no more than the chief officer of the people, appointed by the laws, and circumscribed with definite powers, to assist in working the great machine of government, erected for their use, and consequently subject to their superintendance. And in order that these our rights, as well as the invasions of them, may be laid more fully before his majesty, to take a view of them from the origin and first settlement of these countries.

To remind him that our ancestors, before their emigration to America, were the free inhabitants of the British dominions in Europe, and possessed a right which nature has given to all men, of departing from the country in which chance, not choice, has placed them, of going in quest of new habitations, and of there establishing new societies, under such laws and regulations as to them shall seem most likely to promote public happiness. That their Saxon ancestors had, under this universal law, in like manner left their native wilds and woods in the north of Europe, had possessed themselves of the island of Britain, then less charged with inhabitants, and had established there that system of laws which has so long been the glory and protection of that country. Nor was ever any claim of superiority or dependence asserted over them by that mother country from which they had migrated; and were such a claim made, it is believed that his majesty’s subjects in Great Britain have too firm a feeling of the rights derived to them from their ancestors, to bow down the sovereignty of their state before such visionary pretensions. And it is thought that no circumstance has occurred to distinguish materially the British from the Saxon emigration. America was conquered, and her settlements made, and firmly established, at the expence of individuals, and not of the British public. Their own blood was spilt in acquiring lands for their settlement, their own fortunes expended in making that settlement effectual; for themselves they fought, for themselves they conquered, and for themselves alone they have right to hold. Not a shilling was ever issued from the public treasures of his majesty, or his ancestors, for their assistance, till of very late times, after the colonies had become established on a firm and permanent footing. That then, indeed, having become valuable to Great Britain for her commercial purposes, his parliament was pleased to lend them assistance against an enemy, who would fain have drawn to herself the benefits of their commerce, to the great aggrandizement of herself, and danger of Great Britain. Such assistance, and in such circumstances, they had often before given to Portugal, and other allied states, with whom they carry on a commercial intercourse; yet these states never supposed, that by calling in her aid, they thereby submitted themselves to her sovereignty. Had such terms been proposed, they would have rejected them with disdain, and trusted for better to the moderation of their enemies, or to a vigorous exertion of their own force. We do not, however, mean to under-rate those aids, which to us were doubtless valuable, on whatever principles granted; but we would shew [show] that they cannot give a title to that authority which the British parliament would arrogate over us, and that they may amply be repaid by our giving to the inhabitants of Great Britain such exclusive privileges in trade as may be advantageous to them, and at the same time not too restrictive to ourselves. That settlements having been thus effected in the wilds of America, the emigrants thought proper to adopt that system of laws under which they had hitherto lived in the mother country, and to continue their union with her by submitting themselves to the same common sovereign, who was thereby made the central link connecting the several parts of the empire thus newly multiplied.

But that not long were they permitted, however far they thought themselves removed from the hand of oppression, to hold undisturbed the rights thus acquired, at the hazard of their lives, and loss of their fortunes. A family of princes was then on the British throne, whose treasonable crimes against their people brought on them afterwards the exertion of those sacred and sovereign rights of punishment reserved in the hands of the people for cases of extreme necessity, and judged by the constitution unsafe to be delegated to any other judicature. While every day brought forth some new and unjustifiable exertion of power over their subjects on that side the water, it was not to be expected that those here, much less able at that time to oppose the designs of despotism, should be exempted from injury.

Accordingly that country, which had been acquired by the lives, the labours, and the fortunes, of individual adventurers, was by these princes, at several times, parted out and distributed among the favourites and followers of their fortunes,(See Footnote 1) and, by an assumed right of the crown alone, were erected into distinct and independent governments; a measure which it is believed his majesty’s prudence and understanding would prevent him from imitating at this day, as no exercise of such a power, of dividing and dismembering a country, has ever occurred in his majesty’s realm of England, though now of very antient [ancient] standing; nor could it be justified or acquiesced under there, or in any other part of his majesty’s empire.

That the exercise of a free trade with all parts of the world, possessed by the American colonists, as of natural right, and which no law of their own had taken away or abridged, was next the object of unjust encroachment. Some of the colonies having thought proper to continue the administration of their government in the name and under the authority of his majesty king Charles the first, whom, notwithstanding his late deposition by the commonwealth of England, they continued in the sovereignty of their state; the parliament for the commonwealth took the same in high offence, and assumed upon themselves the power of prohibiting their trade with all other parts of the world, except the island of Great Britain. This arbitrary act, however, they soon recalled, and by solemn treaty, entered into on the 12th day of March, 1651, between the said commonwealth by their commissioners, and the colony of Virginia by their house of burgesses, it was expressly stipulated, by the 8th article of the said treaty, that they should have “free trade as the people of England do enjoy to all places and with all nations, according to the laws of that commonwealth.” But that, upon the restoration of his majesty king Charles the second, their rights of free commerce fell once more a victim to arbitrary power; and by several acts of his reign, as well as of some of his successors, the trade of the colonies was laid under such restrictions, as shew what hopes they might form from the justice of a British parliament, were its uncontrouled power admitted over these states. History has informed us that bodies of men, as well as individuals, are susceptible of the spirit of tyranny. A view of these acts of parliament for regulation, as it has been affectedly called, of the American trade, if all other evidence were removed out of the case, would undeniably evince the truth of this observation. Besides the duties they impose on our articles of export and import, they prohibit our going to any markets northward of Cape Finesterre, in the kingdom of Spain, for the sale of commodities which Great Britain will not take from us, and for the purchase of others, with which she cannot supply us, and that for no other than the arbitrary purposes of purchasing for themselves, by a sacrifice of our rights and interests, certain privileges in their commerce with an allied state, who in confidence that their exclusive trade with America will be continued, while the principles and power of the British parliament be the same, have indulged themselves in every exorbitance which their avarice could dictate, or our necessities extort; have raised their commodities, called for in America, to the double and treble of what they sold for before such exclusive privileges were given them, and of what better commodities of the same kind would cost us elsewhere, and at the same time give us much less for what we carry thither than might be had at more convenient ports. That these acts prohibit us from carrying in quest of other purchasers the surplus of our tobaccoes remaining after the consumption of Great Britain is supplied; so that we must leave them with the British merchant for whatever he will please to allow us, to be by him reshipped to foreign markets, where he will reap the benefits of making sale of them for full value. That to heighten still the idea of parliamentary justice, and to shew with what moderation they are like to exercise power, where themselves are to feel no part of its weight, we take leave to mention to his majesty certain other acts of British parliament, by which they would prohibit us from manufacturing for our own use the articles we raise on our own lands with our own labour. By an act passed in the 5th Year [1732] of the reign of his late majesty king George the second, an American subject is forbidden to make a hat for himself of the fur which he has taken perhaps on his own soil; an instance of despotism to which no parallel can be produced in the most arbitrary ages of British history. By one other act, passed in the 23d year [1750] of the same reign, the iron which we make we are forbidden to manufacture, and heavy as that article is, and necessary in every branch of husbandry, besides commission and insurance, we are to pay freight for it to Great Britain, and freight for it back again, for the purpose of supporting not men, but machines, in the island of Great Britain. In the same spirit of equal and impartial legislation is to be viewed the act of parliament, passed in the 5th year of the same reign, by which American lands are made subject to the demands of British creditors, while their own lands were still continued unanswerable for their debts; from which one of these conclusions must necessarily follow, either that justice is not the same in America as in Britain, or else that the British parliament pay less regard to it here than there. But that we do not point out to his majesty the injustice of these acts, with intent to rest on that principle the cause of their nullity; but to shew that experience confirms the propriety of those political principles which exempt us from the jurisdiction of the British parliament. The true ground on which we declare these acts void is, that the British parliament has no right to exercise authority over us.

That these exercises of usurped power have not been confined to instances alone, in which themselves were interested, but they have also intermeddled with the regulation of the internal affairs of the colonies. The act of the 9th of Anne [9th year in the Reign of Queen Anne, 1711] for establishing a post office in America seems to have had little connection with British convenience, except that of accommodating his majesty’s ministers and favourites with the sale of a lucrative and easy office.

That thus have we hastened through the reigns which preceded his majesty’s, during which the violations of our right were less alarming, because repeated at more distant intervals than that rapid and bold succession of injuries which is likely to distinguish the present from all other periods of American story. Scarcely have our minds been able to emerge from the astonishment into which one stroke of parliamentary thunder has involved us, before another more heavy, and more alarming, is fallen on us. Single acts of tyranny may be ascribed to the accidental opinion of a day; but a series of oppressions, begun at a distinguished period, and pursued unalterably through every change of ministers, too plainly prove a deliberate and systematical plan of reducing us to slavery.

That the act passed in the 4th year [1731] of his majesty’s reign, intitled “An act for granting certain duties in the British colonies and plantations in America, &c.”

One other act, passed in the 5th year [1732] of his reign, intitled “An act for granting and applying certain stamp duties and other duties in the British colonies and plantations in America, &c.” [Stamp Act]

One other act, passed in the 6th year [1733] of his reign, intitled “An act for the better securing the dependency of his majesty’s dominions in America upon the crown and parliament of Great Britain;” [Act declared the right of the British Parliament over the American Colonies] and

one other act, passed in the 7th year [1734] of his reign, intitled “An act for granting duties on paper, tea, &c.”

form that connected chain of parliamentary usurpation, which has already been the subject of frequent applications to his majesty, and the houses of lords and commons of Great Britain; and no answers having yet been condescended to any of these, we shall not trouble his majesty with a repetition of the matters they contained.

But that one other act, passed in the same 7th year of the reign, having been a peculiar attempt, must ever require peculiar mention; it is intitled “An act for suspending the legislature of New York.”

One free and independent legislature hereby takes upon itself to suspend the powers of another, free and independent as itself; thus exhibiting a phoenomenon unknown in nature, the creator and creature of its own power. Not only the principles of common sense, but the common feelings of human nature, must be surrendered up before his majesty’s subjects here can be persuaded to believe that they hold their political existence at the will of a British parliament. Shall these governments be dissolved, their property annihilated, and their people reduced to a state of nature, at the imperious breath of a body of men, whom they never saw, in whom they never confided, and over whom they have no powers of punishment or removal, let their crimes against the American public be ever so great? Can any one reason be assigned why 160,000 electors in the island of Great Britain should give law to four millions in the states of America, every individual of whom is equal to every individual of them, in virtue, in understanding, and in bodily strength? Were this to be admitted, instead of being a free people, as we have hitherto supposed, and mean to continue ourselves, we should suddenly be found the slaves, not of one, but of 160,000 tyrants, distinguished too from all others by this singular circumstance, that they are removed from the reach of fear, the only restraining motive which may hold the hand of a tyrant.

That by “an act to discontinue in such manner and for such time as are therein mentioned the landing and discharging, lading or shipping, of goods, wares, and merchandize, at the town and within the harbour of Boston, in the province of Massachusetts Bay, in North America,” which was passed at the last session of British parliament; a large and populous town, whose trade was their sole subsistence, was deprived of that trade, and involved in utter ruin. Let us for a while suppose the question of right suspended, in order to examine this act on principles of justice: An act of parliament had been passed imposing duties on teas, to be paid in America, against which act the Americans had protested as inauthoritative. The East India company, who till that time had never sent a pound of tea to America on their own account, step forth on that occasion the assertors of parliamentary right, and send hither many ship loads of that obnoxious commodity. The masters of their several vessels, however, on their arrival in America, wisely attended to admonition, and returned with their cargoes. In the province of New England alone the remonstrances [protests] of the people were disregarded, and a compliance, after being many days waited for, was flatly refused. Whether in this the master of the vessel was governed by his obstinancy [stubborn, inflexible], or his instructions, let those who know, say. There are extraordinary situations which require extraordinary interposition. An exasperated people, who feel that they possess power, are not easily restrained within limits strictly regular. A number of them assembled in the town of Boston, threw the tea into the ocean, and dispersed without doing any other act of violence. If in this they did wrong, they were known and were amenable to the laws of the land, against which it could not be objected that they had ever, in any instance, been obstructed or diverted from their regular course in favour of popular offenders. They should therefore not have been distrusted on this occasion. But that ill fated colony had formerly been bold in their enmities against the house of Stuart, and were now devoted to ruin by that unseen hand which governs the momentous affairs of this great empire. On the partial representations of a few worthless ministerial dependents, whose constant office it has been to keep that government embroiled, and who, by their treacheries, hope to obtain the dignity of the British knighthood, without calling for a party accused, without asking a proof, without attempting a distinction between the guilty and the innocent, the whole of that antient and wealthy town is in a moment reduced from opulence to beggary. Men who had spent their lives in extending the British commerce, who had invested in that place the wealth their honest endeavours had merited, found themselves and their families thrown at once on the world for subsistence by its charities. Not the hundredth part of the inhabitants of that town had been concerned in the act complained of; many of them were in Great Britain and in other parts beyond sea; yet all were involved in one indiscriminate ruin, by a new executive power, unheard of till then, that of a British parliament. A property, of the value of many millions of money, was sacrificed to revenge, not repay, the loss of a few thousands. This is administering justice with a heavy hand indeed! and when is this tempest to be arrested in its course? Two wharfs are to be opened again when his majesty shall think proper. The residue which lined the extensive shores of the bay of Boston are forever interdicted the exercise of commerce. This little exception seems to have been thrown in for no other purpose than that of setting a precedent for investing his majesty with legislative powers. If the pulse of his people shall beat calmly under this experiment, another and another will be tried, till the measure of despotism be filled up. It would be an insult on common sense to pretend that this exception was made in order to restore its commerce to that great town. The trade which cannot be received at two wharfs alone must of necessity be transferred to some other place; to which it will soon be followed by that of the two wharfs. Considered in this light, it would be an insolent [an arrogant lack of respect] and cruel mockery at the annihilation of the town of Boston.

By the act for the suppression of riots and tumults in the town of Boston, passed also in the last session of parliament, a murder committed there is, if the governor pleases, to be tried in the court of King’s Bench, in the island of Great Britain, by a jury of Middlesex. The witnesses, too, on receipt of such a sum as the governor shall think it reasonable for them to expend, are to enter into recognizance to appear at the trial. This is, in other words, taxing them to the amount of their recognizance, and that amount may be whatever a governor pleases; for who does his majesty think can be prevailed on to cross the Atlantic for the sole purpose of bearing evidence to a fact? His expences are to be borne, indeed, as they shall be estimated by a governor; but who are to feed the wife and children whom he leaves behind, and who have had no other subsistence but his daily labour? Those epidemical disorders, too, so terrible in a foreign climate, is the cure of them to be estimated among the articles of expence, and their danger to be warded off by the almighty power of parliament? And the wretched criminal, if he happen to have offended on the American side, stripped of his privilege of trial by peers of his vicinage, removed from the place where alone full evidence could be obtained, without money, without counsel, without friends, without exculpatory proof, is tried before judges predetermined to condemn. The cowards who would suffer a countryman to be torn from the bowels of their society, in order to be thus offered a sacrifice to parliamentary tyranny, would merit that everlasting infamy now fixed on the authors of the act! A clause for a similar purpose had been introduced into an act, passed in the 12th year [1739] of his majesty’s reign, intitled “An act for the better securing and preserving his majesty’s dockyards, magazines, ships, ammunition, and stores;” against which, as meriting the same censures, the several colonies have already protested.

That these are the acts of power, assumed by a body of men, foreign to our constitutions, and unacknowledged by our laws, against which we do, on behalf of the inhabitants of British America, enter this our solemn and determined protest; and we do earnestly entreat his majesty, as yet the only mediatory power between the several states of the British empire, to recommend to his parliament of Great Britain the total revocation of these acts, which, however nugatory they be, may yet prove the cause of further discontents and jealousies among us.

That we next proceed to consider the conduct of his majesty, as holding the executive powers of the laws of these states, and mark out his deviations from the line of duty: By the constitution of Great Britain, as well as of the several American states, his majesty possesses the power of refusing to pass into a law any bill which has already passed the other two branches of legislature. His majesty, however, and his ancestors, conscious of the impropriety of opposing their single opinion to the united wisdom of two houses of parliament, while their proceedings were unbiassed by interested principles, for several ages past have modestly declined the exercise of this power in that part of his empire called Great Britain. But by change of circumstances, other principles than those of justice simply have obtained an influence on their determinations; the addition of new states to the British empire has produced an addition of new, and sometimes opposite interests. It is now, therefore, the great office of his majesty, to resume the exercise of his negative power, and to prevent the passage of laws by any one legislature of the empire, which might bear injuriously on the rights and interests of another. Yet this will not excuse the wanton exercise of this power which we have seen his majesty practise on the laws of the American legislatures. For the most trifling reasons, and sometimes for no conceivable reason at all, his majesty has rejected laws of the most salutary tendency. The abolition of domestic slavery is the great object of desire in those colonies, where it was unhappily introduced in their infant state. But previous to the enfranchisement of the slaves we have, it is necessary to exclude all further importations from Africa; yet our repeated attempts to effect this by prohibitions, and by imposing duties which might amount to a prohibition, have been hitherto defeated by his majesty’s negative: Thus preferring the immediate advantages of a few African corsairs to the lasting interests of the American states, and to the rights of human nature, deeply wounded by this infamous practice. Nay, the single interposition of an interested individual against a law was scarcely ever known to fail of success, though in the opposite scale were placed the interests of a whole country. That this is so shameful an abuse of a power trusted with his majesty for other purposes, as if not reformed, would call for some legal restrictions.

With equal inattention to the necessities of his people here has his majesty permitted our laws to lie neglected in England for years, neither confirming them by his assent, nor annulling them by his negative; so that such of them as have no suspending clause we hold on the most precarious of all tenures, his majesty’s will, and such of them as suspend themselves till his majesty’s assent be obtained, we have feared, might be called into existence at some future and distant period, when time, and change of circumstances, shall have rendered them destructive to his people here. And to render this grievance still more oppressive, his majesty by his instructions has laid his governors under such restrictions that they can pass no law of any moment unless it have such suspending clause; so that, however immediate may be the call for legislative interposition, the law cannot be executed till it has twice crossed the atlantic, by which time the evil may have spent its whole force.

But in what terms, reconcileable to majesty, and at the same time to truth, shall we speak of a late instruction to his majesty’s governor of the colony of Virginia, by which he is forbidden to assent to any law for the division of a county, unless the new county will consent to have no representative in assembly? That colony has as yet fixed no boundary to the westward. Their western counties, therefore, are of indefinite extent; some of them are actually seated many hundred miles from their eastern limits. Is it possible, then, that his majesty can have bestowed a single thought on the situation of those people, who, in order to obtain justice for injuries, however great or small, must, by the laws of that colony, attend their county court, at such a distance, with all their witnesses, monthly, till their litigation be determined? Or does his majesty seriously wish, and publish it to the world, that his subjects should give up the glorious right of representation, with all the benefits derived from that, and submit themselves the absolute slaves of his sovereign will? Or is it rather meant to confine the legislative body to their present numbers, that they may be the cheaper bargain whenever they shall become worth a purchase.

One of the articles of impeachment against [Robert] Tresilian [Cornish lawyer, and Chief Justice of the King’s Bench between 1381 and 1387], and the other judges of Westminister Hall, in the reign of Richard the second, [ 1377-1399] for which they suffered death, as traitors to their country, was, that they had advised the king that he might dissolve his parliament at any time; and succeeding kings have adopted the opinion of these unjust judges. Since the establishment, however, of the British constitution, at the glorious revolution, on its free and antient principles, neither his majesty, nor his ancestors, have exercised such a power of dissolution in the island of Great Britain; and when his majesty was petitioned, by the united voice of his people there, to dissolve the present parliament, who had become obnoxious to them, his ministers were heard to declare, in open parliament, that his majesty possessed no such power by the constitution. But how different their language and his practice here! To declare, as their duty required, the known rights of their country, to oppose the usurpations of every foreign judicature, to disregard the imperious mandates of a minister or governor, have been the avowed causes of dissolving houses of representatives in America. But if such powers be really vested in his majesty, can he suppose they are there placed to awe the members from such purposes as these? When the representative body have lost the confidence of their constituents, when they have notoriously made sale of their most valuable rights, when they have assumed to themselves powers which the people never put into their hands, then indeed their continuing in office becomes dangerous to the state, and calls for an exercise of the power of dissolution. Such being the causes for which the representative body should, and should not, be dissolved, will it not appear strange to an unbiassed observer, that that of Great Britain was not dissolved, while those of the colonies have repeatedly incurred that sentence?

But your majesty, or your governors, have carried this power beyond every limit known, or provided for, by the laws: After dissolving one house of representatives, they have refused to call another, so that, for a great length of time, the legislature provided by the laws has been out of existence. From the nature of things, every society must at all times possess within itself the sovereign powers of legislation. The feelings of human nature revolt against the supposition of a state so situated as that it may not in any emergency provide against dangers which perhaps threaten immediate ruin. While those bodies are in existence to whom the people have delegated the powers of legislation, they alone possess and may exercise those powers; but when they are dissolved by the lopping off one or more of their branches, the power reverts to the people, who may exercise it to unlimited extent, either assembling together in person, sending deputies, or in any other way they may think proper. We forbear to trace consequences further; the dangers are conspicuous with which this practice is replete.

That we shall at this time also take notice of an error in the nature of our land holdings, which crept in at a very early period of our settlement. The introduction of the feudal tenures into the kingdom of England, though antient, is well enough understood to set this matter in a proper light. In the earlier ages of the Saxon settlement feudal holdings were certainly altogether unknown; and very few, if any, had been introduced at the time of the Norman conquest. Our Saxon ancestors held their lands, as they did their personal property, in absolute dominion, disencumbered with any superior, answering nearly to the nature of those possessions which the feudalists term allodial. [Allodial: title is a real property ownership system where the real property is owed free and clear of any superior landlord] William, the Norman, first introduced that system generally. The lands which had belonged to those who fell in the battle of Hastings, and in the subsequent insurrections of his reign, formed a considerable proportion of the lands of the whole kingdom. These he granted out, subject to feudal duties, as did he also those of a great number of his new subjects, who, by persuasions or threats, were induced to surrender them for that purpose. But still much was left in the hands of his Saxon subjects; held of no superior, and not subject to feudal conditions. These, therefore, by express laws, enacted to render uniform the system of military defence, were made liable to the same military duties as if they had been feuds; and the Norman lawyers soon found means to saddle them also with all the other feudal burthens [burdens]. But still they had not been surrendered to the king, they were not derived from his grant, and therefore they were not [be]holden of him. A general principle, indeed, was introduced, that “all lands in England were held either mediately or immediately of the crown,” but this was borrowed from those holdings, which were truly feudal, and only applied to others for the purposes of illustration. Feudal holdings were therefore but exceptions out of the Saxon laws of possession, under which all lands were held in absolute right. These, therefore, still form the basis, or ground-work, of the common law, to prevail wheresoever the exceptions have not taken place. America was not conquered by William the Norman, nor its lands surrendered to him, or any of his successors. Possessions there are undoubtedly of the allodial nature. Our ancestors, however, who migrated hither, were farmers, not lawyers. The fictitious principle that all lands belong originally to the king, they were early persuaded to believe real; and accordingly took grants of their own lands from the crown. And while the crown continued to grant for small sums, and on reasonable rents; there was no inducement to arrest the error, and lay it open to public view. But his majesty has lately taken on him to advance the terms of purchase, and of holding to the double of what they were; by which means the acquisition of lands being rendered difficult, the population of our country is likely to be checked. It is time, therefore, for us to lay this matter before his majesty, and to declare that he has no right to grant lands of himself. From the nature and purpose of civil institutions, all the lands within the limits which any particular society has circumscribed around itself are assumed by that society, and subject to their allotment only. This may be done by themselves, assembled collectively, or by their legislature, to whom they may have delegated sovereign authority; and if they are alloted in neither of these ways, each individual of the society may appropriate to himself such lands as he finds vacant, and occupancy will give him title.

That in order to enforce the arbitrary measures before complained of, his majesty has from time to time sent among us large bodies of armed forces, not made up of the people here, nor raised by the authority of our laws: Did his majesty possess such a right as this, it might swallow up all our other rights whenever he should think proper. But his majesty has no right to land a single armed man on our shores, and those whom he sends here are liable to our laws made for the suppression and punishment of riots, routs, and unlawful assemblies; or are hostile bodies, invading us in defiance of law. When in the course of the late war it became expedient that a body of Hanoverian troops should be brought over for the defence of Great Britain, his majesty’s grandfather, our late sovereign, did not pretend to introduce them under any authority he possessed. Such a measure would have given just alarm to his subjects in Great Britain, whose liberties would not be safe if armed men of another country, and of another spirit, might be brought into the realm at any time without the consent of their legislature. He therefore applied to parliament, who passed an act for that purpose, limiting the number to be brought in and the time they were to continue. In like manner is his majesty restrained in every part of the empire. He possesses, indeed, the executive power of the laws in every state; but they are the laws of the particular state which he is to administer within that state, and not those of any one within the limits of another. Every state must judge for itself the number of armed men which they may safely trust among them, of whom they are to consist, and under what restrictions they shall be laid.

To render these proceedings still more criminal against our laws, instead of subjecting the military to the civil powers, his majesty has expressly made the civil subordinate to the military. But can his majesty thus put down all law under his feet? Can he erect a power superior to that which erected himself? He has done it indeed by force; but let him remember that force cannot give right.

That these are our grievances which we have thus laid before his majesty, with that freedom of language and sentiment which becomes a free people claiming their rights, as derived from the laws of nature, and not as the gift of their chief magistrate: Let those flatter who fear; it is not an American art. To give praise which is not due might be well from the venal, but would ill beseem those who are asserting the rights of human nature. They know, and will therefore say, that kings are the servants, not the proprietors of the people. Open your breast, sire, to liberal and expanded thought. Let not the name of George the third be a blot in the page of history. You are surrounded by British counsellors, but remember that they are parties. You have no ministers for American affairs, because you have none taken from among us, nor amenable to the laws on which they are to give you advice. It behoves [to be necessary or fitting for, i.e. Requires] you, therefore, to think and to act for yourself and your people. The great principles of right and wrong are legible to every reader; to pursue them requires not the aid of many counsellors. The whole art of government consists in the art of being honest. Only aim to do your duty, and mankind will give you credit where you fail. No longer persevere in sacrificing the rights of one part of the empire to the inordinate desires of another; but deal out to all equal and impartial right. Let no act be passed by any one legislature which may infringe on the rights and liberties of another. This is the important post in which fortune has placed you, holding the balance of a great, if a well poised empire. This, sire, is the advice of your great American council, on the observance of which may perhaps depend your felicity and future fame, and the preservation of that harmony which alone can continue both to Great Britain and America the reciprocal advantages of their connection. It is neither our wish, nor our interest, to separate from her. We are willing, on our part, to sacrifice every thing which reason can ask to the restoration of that tranquillity for which all must wish. On their part, let them be ready to establish union and a generous plan. Let them name their terms, but let them be just. Accept of every commercial preference it is in our power to give for such things as we can raise for their use, or they make for ours. But let them not think to exclude us from going to other markets to dispose of those commodities which they cannot use, or to supply those wants which they cannot supply. Still less let it be proposed that our properties within our own territories shall be taxed or regulated by any power on earth but our own. The God who gave us life gave us liberty at the same time; the hand of force may destroy, but cannot disjoin them. This, sire, is our last, our determined resolution; and that you will be pleased to interpose with that efficacy which your earnest endeavours may ensure to procure redress of these our great grievances, to quiet the minds of your subjects in British America, against any apprehensions of future encroachment, to establish fraternal love and harmony through the whole empire, and that these may continue to the latest ages of time, is the fervent prayer of all British America!

Footnote(s) 1. 1632 Maryland was granted to lord Baltimore, Pennsylvania to Penn, and the province of Carolina was in the year 1663 granted by letters patent of majesty, king Charles II. in the 15th year of his reign, in propriety, unto the right honourable Edward earl of Clarendon, George duke of Albemarle, William earl of Craven, John lord Berkeley, Anthony lord Ashley, sir George Carteret, sir John Coleton, knight and baronet, and sir William Berkeley, knight; by which letters patent the laws of England were to be in force in Carolina: But the lords proprietors had power, _with the consent of the inhabitants,_ to make bye-laws for the better government of the said province; so that no money could be received, or law made, without the consent of the inhabitants, or their representatives.



The following extract is interesting as showing the influence of the “Proposed Instructions” on contemporary opinion:

Thomas Jefferson, who was one of the elected, was prevented by indisposition from attending. But he forwarded by express, for the consideration of its members, a series of resolutions. I distinctly recollect the applause bestowed on the most of them, when they were read to a large company at the house of Peyton Randolph, to whom they were addressed of all the approbation was not equal. From the celebrated letters of the Pennsylvanian Farmer (John Dickinson) we had been instructed to bow to the external taxation of parliament, as resulting from our migration and a necessary dependence on the mother country. But this composition of Mr. Jefferson shook this conceded principle, although it had been confirmed by a still more celebrated pamphlet of Daniel Dulaney of Maryland, and cited by Lord Chatham as a text-book of American rights. The young ascended with Mr. Jefferson to the source of those rights [Our Creator], the old required time for consideration before they could tread this lofty ground which, if it had not been abandoned, at least had not been fully occupied throughout America. From what cause it happened that the resolutions were not printed by order of the Convention does not appear; but as they were not adopted, several of the author’s admirers subscribed for their publication. When the time of writing is remembered, a range of inquiry not then very frequent, and marching far beyond the politics of the day will surely be allowed them.—[Edmund Randolph in MS. History of Virginia, quoted in Ford’s “Jefferson,” vol. I., p. 422, and reprinted here by permission of G. P. Putnam & Sons.]

The writings of Thomas Jefferson: being his autobiography, correspondence, reports, etc. by Thomas Jefferson from the original manuscripts deposited in the Department of State, Volume One; Published 1853 by Taylor & Maury, Washington
A summary view of the rights of British America: Set forth in some Resolutions intended for: The Inspection of the present Delegates of the People of Virginia, now in Convention. by Thomas Jefferson; 1774

Copyright © 2014 © 2015 TeaPartyEdu Foundation Truths The Patriot Brotherhood @CaptainJDavis

Thomas Jefferson Biography


THOMAS JEFFERSON,  American statesman, third President of the United States; b. Shadwell, Albemarle County, Va., 13 April 1743; d. Monticello, Albemarle County, Va., 4 July 1826; student at William and Mary College, Williamsburg. Va., 1760-62; student of law 1762-67; member of house of burgesses 1769-74; member of Virginia Conventions 1774 and 1775; of the Continental Congress 1775-76; of Virginia legislature 1776-79: governor of Virginia 1779-81; member of Congress 1783-84; Minister to France 1784-89; Secretary of State 1790-93; Vice-President 1797-1801); President 1801-09; in retirement at Monticello 1809-26.

Thomas Jefferson was the son of Peter Jefferson, a planter & an Anglican vestryman of Albemarle County, Va. His mother was Jane Randolph, daughter of Isham Randolph, who was a descendant of William Randolph of Turkey Island, the progenitor of that family so well known in Virginia history. Jefferson’s birthplace was Shadwell, about four miles from the city of Charlottesville. At this homestead he resided until it was destroyed by fire in 1770; thereupon Jefferson selected a low mountain about two miles from Charlottesville, where he built that now famous mansion, “Monticello, Albemarle County, Va., has the proud distinction of being the section in which Jefferson was born, reared, lived, died and lies buried. Jefferson’s early education, as was usually the case with Virginia planters, was entrusted first to a private tutor, from whom he learned Latin, Greek, French and mathematics. At 14 his father died, and after two years in a school conducted by the Rev. James Maury, he entered in 1760 William and Mary College, at that time the best institution of learning in America. The student Jefferson is described as tall and rawboned, with reddish hair and grayish hazel eyes. He was not then regarded as handsome, though in after years he was considered as probably the most attractive in appearance of the great Virginia statesmen. As a youth he was noted for his intelligence, and while at college he was in constant association-with such men of culture as George Wythe (q.v.), the eminent lawyer; Prof. William Small, the profound scholar, and Gov. Francis Fauquier (q.v.), the gay and accomplished gentleman. With these gentlemen, many years his senior, he was accustomed to discuss the deepest questions of philosophy and government. In Williamsburg, Jefferson was one of the leaders in all social functions, and always attended the balls given in the Apollo Room of the Raleigh Tavern’. Probably his first year at college was spent among too many festivities, but during his second year he is said to have been a most diligent student, often devoting 15 hours a day to his books. After two years of college work he commenced the study of law under George Wythe, but did not apply for admission to practice before the General Court of Virginia till 1767. Jefferson was now 24 years of age; he had a large farm of 1,900 acres (soon increased to 5,000 acres) to which he gave his personal supervision. Though he devoted much time to this farm, he succeeded so well as a lawyer that his profession soon paid him $3,000 annually.

In 1769 he was returned by Albemarle County a member of the House of Burgesses, an honor which his father had had before him. This was Jefferson’s beginning as a statesman. He had stood in 1765 in the hallway of the House of Burgesses when Patrick Henry (q.v.) offered his famous resolution against the Stamp Act, and from Patrick Henry he imbibed the spirit of revolution. Just as soon as he became a member of the Burgesses, he joined the party of resistance to England. He was by nature a bold and fearless thinker, and when a mere boy he had had engraved on a seal as his motto, “Resistance to tyrants is obedience to God,” a principle to which he held throughout his long and eventful life. Jefferson was present when the House of Burgesses passed the resolutions of 1769. He was one of those who signed the agreement not to import goods from England. He was also a member of the House of Burgesses when, in 1773, it established a Committee of Correspondence between Virginia and the other colonies. Some think that the resolutions for such a committee were drawn by Jefferson, though they were offered in the house by his kinsman, Dabney Carr (q.v.). Of this committee Jefferson was a member. He served again in the House of Burgesses in 1774, and was one of those who voted for the resolution appointing a day of fasting and prayer because of the oppressive measures which England had passed against the city of Boston. When the governor dissolved the assembly, Jefferson met with those discontented members who called for a general congress of the colonies and asked the freeholders of Virginia for a convention to consider the state of the colony. To this convention Jefferson was returned by the people of Albemarle. The convention of 1774 was the first extralegal assembly to meet in Virginia. Jefferson was unable to be present, having been taken ill on his way to Williamsburg. However, his influence was felt through a document called “The Summary View of the Rights of British America,” which was intended to be a series of instructions to the Virginia delegates to the First Continental Congress. The instrument marked him as a revolutionist, and as an advocate of independence from England, for in it he distinctly claimed that the colonies had a right to govern themselves without interference from the English Parliament. His views were too radical for the Virginia convention to give them its official stamp.

Jefferson was also elected a member of the convention of 1775, which met at Saint John’s Church, Richmond, and when Patrick Henry by his eloquence carried the colony into open rebellion against the mother country, Jefferson was appointed a member of the committee to devise a plan for organizing the militia of the colony. Shortly after this he became a member of the Second Continental Congress. When he entered that body he was 32 years of age, being one of the youngest three members. Here he was placed on such important committees as those which drafted a paper to explain the rebellious attitude of Massachusetts at Lexington and Concord, and to reply to Lord North’s “Conciliatory Policy.” On each committee he showed such a strong republican tendency that his suggestions were not accepted. The members of the Continental Congress of 1775 were not far-sighted enough to see that independence was the only course. Finally, in the spring of 1776, there came to the Virginia members of Congress instructions from the Virginia convention of 1776 that the united colonies should be declared free and independent States; and accordingly Richard Henry Lee, called the American Cicero, moved that a Declaration of Independence should be adopted. In accordance with the motion, a committee was appointed and the members were elected by ballot. Jefferson’s facility for writing was so well known to the Congress that he received the highest number of votes and was named as chairman of the committee over such men as John Adams, Benjamin Franklin, Roger Sherman and Robert R. Livingston. To him as chairman fell the task of drafting that immortal document which stands in the history of the world as the most revolutionary political paper ever written. On 4 July 1776, the instrument, practically as offered by Jefferson, was unanimously adopted and to it were placed the signatures of all the members of Congress then present, except one. The principles set forth in that document mean a government by and for the people, and show that Jefferson was far ahead of his day; for it is only at the dawn of the 20th century that we are beginning to comprehend the great and universal truths that Jefferson made known to the world. (See Declaration Of Independence). Jefferson retired from Congress in 1776, and, on returning to his native State, entered the Virginia legislature with the hope of revising and modifying her laws so that they might accord with republican government. For three years he served in the House of Delegates. During this time he succeeded in breaking down the laws of primogeniture and entail, in practically disestablishing the English Church and in passing one of the best laws that the. world has ever seen for public education providing an ideal system from the primary school to the university. Through his influence the legislature appointed a committee to revise thoroughly the laws of Virginia. The committee was composed of Edmund Pendleton, George Wythe and Jefferson. After two years the revision, chiefly done by Jefferson, was submitted to the General Assembly, but was not adopted in toto. Finally, however, in 1785, while Jefferson was in France, his faithful friend and political follower, James Madison, secured the passage of nearly all of Jefferson’s work. It was at this time that the legislature approved the famous Statute for Religious Freedom, by which the complete separation of Church and State was accomplished, except the taking away of the glebe lands, a thing which was done in 1802. Jefferson wished even more radical changes in Virginia, such as the equalizing of representation on population instead of having two representatives from each county. He also desired that the suffrage should not be restricted to landowners, but that it should be extended to all men who might be subject to military duty. He likewise advocated more local self-government in the counties and towns of the State. He even went so far as_ to advocate the emancipation and the deportation of the slaves from Virginia. These measures were too radical for the Virginia Assembly, and were rejected. It is interesting to note, however, that all of them have since been accomplished save the deportation of the negroes.

Jefferson was governor of Virginia from June 1779 to June 1781. These were trying times; Virginia was invaded by British troops under Cornwallis, and Jefferson lacked money and resources with which to defend properly the State. His administration has often been criticized, some claiming that he was a mere doctrinaire and not a practical man; but close scrutiny shows that he did all that then lay in his power.

In 1783 Jefferson entered the Congress of the United States. To this body he proposed in 1784 a plan for the government of the Northwest Territory which Virginia so generously gave to the Union. One clause of this plan provided for the prohibition of slavery in that territory after 1800, and for this reason the plan was not adopted. In 1787, however, Congress enacted a bill for the government of the Northwest much like the original draft of Jefferson. From him Congress had the plan of our present decimal monetary system. In 1784 Jefferson was sent to France to join Benjamin Franklin and John Adams in negotiating commercial matters with foreign countries, and in 1785 he succeeded Franklin as our Minister Plenipotentiary to the French court. Through his efforts many unjust impositions on American commerce were removed by the French government.

In October 1789 he returned to America and the following year became Secretary of State in Washington’s Cabinet, in which position he opposed Hamilton (q.v.), who favored the exercise of extensive powers by Congress. Jefferson believed in a real federal relation between the States, and in a restricting of the congressional powers to purely constitutional authorizations. The final line of cleavage came when Congress passed a bill to establish a national bank. Hamilton submitted to Washington a paper asserting that such a step was legal, while Jefferson made a vigorous written protest showing that the bill was unconstitutional. Washington approved the measure, thus accepting Hamilton’s views as correct. The Bank Bill, along with similar congressional acts, caused the establishment of two distinct parties — the Federalist or Loose Construction party, headed by Hamilton, and the Anti-Federalist or Strict Construction party, with Jefferson as its leader. Jefferson’s followers were usually called the Democratic-Republicans. 

In December 1793 Jefferson resigned from the cabinet and returned to Monticello, where he_ remained for four years, studying farming. His estate at this time contained 10,647 acres of land, worked by 154 slaves, and stocked with 34 horses, 5 mules and 249 cattle. Among the negroes he had a sort of industrial (manual-training) school, and taught them to be cabinetmakers, bricklayers, masons and smiths.

From his retirement at Monticello, Jefferson was called to become Vice-President in 1797, a position which he held till 1801. During these four years he bitterly opposed the so-called monarchical tendencies of the Federal party as seen in the Alien and Sedition Acts (q.v.), and he boldly asserted the compact theory of State sovereignty in the Kentucky resolutions of 1799. The Kentucky resolutions and Virginia resolutions of 1798-99 (the latter framed by Madison after a copy of the Kentucky resolutions sent him by Jefferson), made the platform, so to speak, of the Democratic-Republican party which elected Jefferson as President in 1801.

From 4 March 1801 to 4 March 1809 Jefferson was President. He was the first President to be inaugurated in Washington City. He believed in rotation in office, and in pursuance^ of this idea removed a number of Federalists from their positions. His great act, however, was the purchase of the Louisiana Territory from France for the sum of $15,000,000. This vast territory was acquired for two reasons:

(1) In order that the United States might have control of the Mississippi River and the port of New Orleans; and (2) that the United States might not be hampered by European countries in the development of a republican form of government. As Secretary of State in Washington’s Cabinet, Jefferson had practically asserted what was afterward known as the Monroe Doctrine, when he claimed that the United States should see that no European countries, other than those already holding possessions, secure a foothold in America. In 1801 Jefferson viewed with alarm the transfer of the Louisiana Territory from Spain to France, for he feared that, with France added to Spain, England and Russia, in control of colonies in America, republican government would have a hard struggle. Jefferson was accused of inconsistency for having sanctioned the Louisiana Purchase (q.v.), for if he had applied the strict construction principle of the Constitution here as in such acts of Congress as the establishment of the national bank, this territory could not have been purchased, there being no provision in the Constitution allowing territorial expansion. But Jefferson’s political sagacity kept him from refusing this great opportunity, and his wish of expansion caused him to advocate earnestly the purchase of Florida from Spain. It was 13 years later before his desire was accomplished. The second administration of Jefferson was not so successful as the first. It opened with a war against the Tripolitan [Muslim] pirates who were plundering American commerce. The outcome of this war was to increase our influence among the nations of the world. The last years of the second term were marked with difficult complications arising out of the Napoleonic wars. Napoleon tried to prevent the United States from trading with England, and England retaliated by attempting to cut off all commercial relations between the United States and France. Many American vessels were seized by both England and France. Adding to this indignity, England claimed the right to search American vessels for English seamen, and an English war vessel actually fired on an American man-of-war, killing three of the crew and wounding 18. Jefferson tried to meet the restrictions on American commerce by the Non-Importation Bill and the Embargo Act. To enforce the measures all of the New England ships would have been shut up in American harbors. The New England merchants preferred .to run the risk of losing their ships to keeping them without traffic; therefore they began to abuse the President and his policy. The result was that Congress felt forced to repeal the Embargo Act. Jefferson always claimed that had the embargo been enforced the United States would have gained its rights without the second war with England in 1812.

On 4 March 1809, Jefferson retired from the White House, and spent the remaining 17 years of his life at Monticello. In these latter days he was known as the “Sage of Monticello,51 and to his home came people of prominence from all parts of the world to consult with him on great questions of politics and economics. Often his housekeeper had to provide beds for 50 guests. The demands which were made on his hospitality were so great that he died a bankrupt. During this period of his life he did all that he could to encourage better methods in agriculture, to reform the government of Virginia and to develop in it, a better system of education. The crowning event of his life was the establishment of the University of Virginia (q.v.) in 1819. He died on 4 July 1826, just 50 years from the day that has made him famous in all history, and by a singular coincidence his old rival and political antagonist, John- Adams, passed away on the same day, Jefferson asked that three things be inscribed on his tomb: ‘Author of the Declaration of Independence; of the Statute for Religious Liberty in Virginia, and Founder of the University of Virginia,’—three acts which have made him famous.

Jefferson stands in history for (1) Republican government and the sovereignty of the people; (2) Opposition to privileged orders of nobility and the entail system; (3) Universal education and local circulating libraries; (4) Separation of Church and State; [Misinterpreted by the Supreme Court & Liberal Democrats] (5) Freedom of thought and speech; (6) Local self-government ; (7) Economy in government and small public debt; (8) A-policy of peace; (9) Political equality and universal suffrage: (10) Strict construction of the Constitution and the sovereignty of the States; (11) Well-trained militia and small standing army; (12) Metallic money, either gold or silver, as a standard, and no paper legal tender; (13) Opposition to bounties and monopolies; (14) Emancipation and deportation of slaves; (15) Expansion of the United States to include Louisiana, Florida, Cuba and Canada; (16) Maintenance of Indian reservations; (17) Judiciary beyond the control of the legislative or executive branches of government; (18) Small navy; (19) Opposition to nepotism; (20) Rotation in office; (21) Opposition to all secession movements, North or South. This review will show that Jefferson probably gave to the world more broad principles of government than any other man. Whenever republican forms of government exist there the name of Jefferson will always be uttered with reverence and respect. Important monuments to Jefferson are as follows: by David d’Angers in the Capitol, Washington, a copy in the New York city-hall, and one at Angers, France; by Gait, at the University of Virginia; by Ezekiel, in Louisville, Ky.; by Hiram Powers, in Hall of Representatives, Washington; by Partridge, at Columbia University; and by Valentine, in Richmond, Va.


The ” Valedictory Address of the General Assembly of Virginia”, which was agreed to on the 7th of February, 1809, gives a good idea of the high estimation in which Jefferson was held by his party, and the great majority of his countrymen, when he retired from the Presidency. It is as follows:—

“Sir.—The General Assembly of your native State cannot close their session, without acknowledging your services in the office which you are just about to lay down, and bidding you a respectful and affectionate farewell.

“We have to thank you for the model of an administration conducted on the purest principles of republicanism; for pomp and state laid aside; patronage discarded; internal taxes abolished; a host of superfluous officers disbanded; the monarchic maxim that ‘ a national debt is a national blessing’, renounced, and more than thirty-three millions of our debt discharged; the native right to nearly one hundred millions of acres of our national domain extinguished; and, without the guilt or calamities of conquest, a vast and fertile region added to our country, far more extensive than her original possessions, bringing along with it the Mississippi and the port of Orleans, the trade of the West to the Pacific ocean, and in the intrinsic value of the land itself, a source of permanent and almost inexhaustible revenue. These are points in your administration which the historian will not fail to seize, to expand, and teach posterity to dwell upon with delight. Nor will he forget our peace with the civilized world, preserved through a season of uncommon difficulty and trial; the good will cultivated with the unfortunate aborigines of our country, and the civilization humanely extended among them; the lesson taught the inhabitants of the coast of Barbary, that we have the means of chastising their piratical encroachments, and awing them into justice; and that theme, on which, above all others, the historic genius will hang with rapture, the liberty of speech and of the press, preserved inviolate, without which genius and science are given to man in vain.

“In the principles on which you have administered the government, we see only the continuation and maturity of the same virtues and abilities, which drew upon you in your youth the resentment of Dunmore. From the first brilliant and happy moment of your resistance to foreign tyranny, until the present day, we mark with pleasure and with gratitude the same uniform, consistent character, the same warm and devoted attachment to liberty and the Republic, the same Roman love of your country, her rights, her peace, her honor, her prosperity.

“How blessed will be the retirement into which you are about to go! How deservedly blessed will it be! For you carry with you the richest of all rewards, the recollection of a life well spent in the service of your country, and proofs the most decisive, of the love, the gratitude, the veneration of your countrymen.

“That your retirement may be as happy as your life has been virtuous and useful; that our youth may see, in the blissful close of your days, an additional inducement to form themselves on your model, is the devout and earnest prayer of your fellow-citizens who compose the General Assembly of Virginia.”—Rayner’s Life of Jefferson, p. 494.

Reference(s): The Encyclopedia Americana: A Library of Universal Knowledge, Volume 16
The Jeffersonian Cyclopedia

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Thomas Jefferson: Encroaches on Liberty & Rights by Government


From Thomas Jefferson to Noah Webster, Jr.

Philadelphia Dec. 4. 1790.


Your favor of Oct. 4, came to my hands on the 20th. of November. Application was made a day or two after to Mr. Dobson for the copies of your essays, which were recieved, and one of them lodged in the office. For that intended for myself be pleased to accept my thanks. I return you the order on Mr. Allen, that on Dobson having been made use of instead of it. I submit to your consideration whether it might not be adviseable to record a second time your right to the Grammatical institutes in order to bring the lodging of the copy in my office within the 6. months made a condition by the law? I have not at this moment an opportunity of turning to the law to see if that may be done: but I suppose it possible that the failure to fulfill the legal condition on the first record might excite objections against the validity of that.

In mentioning me in your essays, and canvassing my opinions, you have done what every man has a right to do, and it is for the good of society that that right should be freely exercised. No republic is more real than that of letters, and I am the last in principles, as I am the least in pretensions to any dictatorship in it. Had I other dispositions, the philosophical and dispassionate spirit with which you have expressed your own opinions in opposition to mine, would still have commanded my approbation. A desire of being set right in your opinion, which I respect too much not to entertain that desire, induces me to hazard to you the following observations. It had become an universal and almost uncontroverted position in the several states, that the purposes of society do not require a surrender of all our rights to our ordinary governors: that there are certain portions of right not necessary to enable them to carry on an effective government, and which experience has nevertheless proved they will be constantly incroaching on, if submitted to them. That there are also certain fences which experience has proved peculiarly efficacious against wrong, and rarely obstructive of right, which yet the governing powers have ever shewn a disposition to weaken and remove. Of the first kind for instance is freedom of religion: of the second, trial by jury, Habeas corpus laws, free presses. These were the settled opinions of all the states, of that of Virginia, of which I was writing, as well as of the others. The others had in consequence delineated these unceded portions of right, and these fences against wrong, which they meant to exempt from the power of their governors, in instruments called declarations of rights and constitutions: and as they did this by Conventions which they appointed for the express purpose of reserving these rights, and of delegating others to their ordinary legislative, executive and judiciary bodies, none of the reserved rights can be touched without resorting to the people to appoint another convention for the express purpose of permitting it. Where the constitutions then have been so formed by Conventions named for this express purpose they are fixed and unalterable but by a Convention or other body to be specially authorised. And they have been so formed by I believe all the states except Virginia. That state concurs in all these opinions, but has run into the wonderful error that her constitution, tho made by the ordinary legislature, cannot yet be altered by the ordinary legislature. I had therefore no occasion to prove to them the expediency of a constitution alterable only by a special convention. Accordingly I have not in my notes advocated that opinion, tho it was and is mine, as it was and is theirs. I take that position as admitted by them: and only proceed to adduce arguments to prove that they were mistaken in supposing their constitution could not be altered by the common legislature. Among other arguments I urge that the Convention which formed the constitution had been chosen merely for ordinary legislation, that they had no higher power than every subsequent legislature was to have, that all their acts are consequently repealable by subsequent legislatures, that their own practice at a subsequent session proved they were of this opinion themselves, that the opinion and practice of several subsequent legislatures had been the same, and so conclude ‘that their constitution is alterable by the common legislature.’ Yet these arguments urged to prove that their constitution is alterable, you cite as if urged to prove that it ought not to be alterable, and you combat them on that ground. An argument which is good to prove one thing, may become ridiculous when exhibited as intended to prove another thing. I will beg the favor of you to look over again the passage in my Notes, and am persuaded you will be sensible that you have misapprehended the object of my arguments, and therefore have combated them on a ground for which they were not intended. My only object in this is the rectification of your own opinion of me, which I repeat that I respect too much to neglect. I have certainly no view of entering into the contest whether it be expedient to delegate unlimited power to our ordinary governors? My opinion is against that expediency. But my occupations do not permit me to undertake to vindicate all my opinions, nor have they importance enough to merit it. It cannot however but weaken my confidence in them when I find them opposed to yours, there being no one who respects the latter more than Sir

Your most obedt. & most humble servt,

Th. Jefferson

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Thomas Jefferson Concerning His Personal Privacy Rights


Thomas Jefferson to Colonel James Monroe

Monticello, May 20th, 1782

Dear Sir,—I have been gratified with your two favors of the 6th and 11th inst. It gives me pleasure that your county has been wise enough to enlist your talent into their service. I am much obliged by the kind wishes you express of seeing me also in Richmond, and am always mortified when anything is expected from me which I cannot fulfill, and more especially if it relate to the public service. Before I ventured to declare to my countrymen my determination to retire from public employment, I examined well my heart to know whether it were thoroughly cured of every principle of political ambition, whether no lurking particle remained which might leave me uneasy, when reduced within the limits of mere private life. I became satisfied that every fibre of that passion was thoroughly eradicated. I examined also, in other views, my right to withdraw. I considered that I had been thirteen years engaged in public service— that, during that time, I had so totally abandoned all attention to my private affairs as to permit them to run into great disorder and ruin—that I had now a family advanced to years which require my attention and instruction—that, to these, was added the hopeful offspring of a deceased friend, whose memory must be forever dear to me, and who have no other reliance for being rendered useful to themselves or their country—that by a constant sacrifice of time, labor, parental and friendly duties, I had, so far from gaining the affection of my countrymen, which was the only reward I ever asked or could have felt, even lost the small estimation I had before possessed.

That, however I might have comforted myself under the disapprobation of the well-meaning but uninformed people, yet, that of their representatives was a shock on which I had not calculated. That this, indeed, had been followed by an exculpatory declaration. But, in the meantime, I had been suspected in the eyes of the world, without the least hint then or afterwards being made public, which might restrain them from supposing that I stood arraigned for treason of the heart, and not merely weakness of the mind ; and I felt that these injuries, for such they have been since acknowledged, had inflicted a wound on my spirit which will only be cured by the all-healing grave. If reason and inclination unite in justifying my retirement, the laws of my country are equally in favor of it. Whether the State may command the political services of all its members to an indefinite extent, or, if these be among the rights never wholly ceded to the public power, is a question which I do not find expressly decided in England. Obiter dictums on the subject I have indeed met with, but the complexion of the times in which these have dropped would generally answer them. Besides that, this species of authority is not acknowledged in our possession. In this country, however, since the present government has been established, the point has been settled by uniform, pointed and multiplied precedents. Offices of every kind, and given by every power, have been daily and hourly declined and resigned from the Declaration of Independence to this moment. The General Assembly has accepted these without discrimination of office, and without ever questioning them in point of right. If the difference between the office of a delegate and any other could ever have been supposed, yet in the case of Mr. Thompson Mason, who declined the office of delegate, and was permitted so to do by the House, that supposition has been proved to be groundless. But, indeed, no such distinction of offices can be admitted. Reason, and the opinions of the lawyers, putting all on a footing as to this question, and so giving to the delegate the aid of all the precedents of the refusal of other offices. The law then does not warrant the assumption of such a power by the State over its members. For if it does, where is that law ? nor yet does reason. For though I will admit that this does subject every individual, if called on, to an equal tour of political duty, yet it can never go so far as to submit to it his whole existence. If we are made in some degree for others, yet, in a greater, are we made for ourselves. It were contrary to feeling, and indeed ridiculous to suppose that a man had less rights in himself than one of his neighbors, or indeed all of them put together. This would be slavery, and not that liberty which the bill of rights has made inviolable, and for the preservation of which our government has been charged. Nothing could so completely divest us of that liberty as the establishment of the opinion, that the State has a perpetual right to the services of all its members. This, to men of certain ways of thinking, would be to annihilate the blessings of existence, and to contradict the Giver of life, who gave it for happiness and not for wretchedness. And certainly, to such it were better that they had never been born. However, with these, I may think public service and private misery inseparably linked together, I have not the vanity to count myself among those whom the State would think worth oppressing with perpetual service. I have received a sufficient memento to the contrary. I am persuaded that, having hitherto dedicated to them the whole of the active and useful part of my life, I shall be permitted to pass the rest in mental quiet. I hope, too, that I did not mistake modes any more than the matter of right when I preferred a simple act of renunciation, to the taking sanctuary under those disqualifications (provided by the law for other purposes indeed but) affording asylum also for rest to the wearied. I dare say you did not expect by the few words you dropped on the right of renunciation to expose yourself to the fatigue of so long a letter, but I wished you to see that, if I had done wrong, I had been betrayed by a semblance of right at least. I take the liberty of enclosing to you a letter for General Chattellux, for which you will readily find means of conveyance. But I mean to give you more trouble with the one to Pelham, who lives in the neighborhood of Manchester, and to ask the favor of you to send it by your servant—express—which I am in hopes may be done without absenting him from your person, but during those hours in which you will be engaged in the house. I am anxious that it should be received immediately. ****** it will give me great pleasure to see you here whenever you can favor us with your company. You will find me still busy, but in lighter occupations. But in these and all others you will find me to retain a due sense of your friendship, and to be, with sincere esteem, dear Sir, Your most obedient and most humble servant. of the 12th instant, renewing my appointment as one of their ministers plenipotentiary for negotiating a peace — and beg leave, through you, to return my sincere thanks to that august body, for the confidence they are pleased to repose in me, and to tender the same to yourself for the obliging manner in which you have notified it. I will employ in this arduous charge, with diligence and integrity, the best of my poor talents, which I am conscious are far short of what it requires. This, I hope, will ensure to me from Congress a kind construction of all my transactions. And it gives me no small pleasure, that my communications will pass through the hands of a gentleman with whom I have acted in the earlier stages of this contest, and whose candor and discernment I had the good fortune then to approve and esteem. Your letter finds me at a distance from home, attending my family under inoculation. This will add to the delay which the arrangements of my particular affairs would necessarily occasion. I shall lose no moment, however, in preparing for my departure, and shall hope to pay my respects to Congress and yourself at sometime between the 20th and the last of December.

I have the honor to be, with very great esteem and respect, dear Sir,

Your most obedient and most humble servant.

Jefferson was replying to the following letter by Monroe, dated

Richmond, 11th of May, 1782.

Dear Sir,—As I so lately wrote you by Mr. Short, and have since daily expected to see you here, I did not propose writing to you till after I should have that pleasure; but as I begin to fear you will not abate that firmness and decision which you have frequently shown in the service of your country, even upon this occasion, and as I have had an opportunity since I last wrote of being better informed of the sentiments of those whom I know you put the greatest value on, I think it my duty to make you acquainted therewith. It is publicly said here, that the people of your country informed you that they had frequently elected you in times of less difficulty and danger than the present to please you; but that now they had called you forth into public office to serve themselves. This is a language which has been often used in my presence ; and you will readily conceive that, as it furnishes those who argue on the fundamental maxims of a Republican government with ample field for declamation, the conclusion has always been, that you should not decline the service of your country. The present is generally conceived to be an important era, which, of course, makes your attendance particularly necessary. And as I have taken the liberty to give you the public opinion and desire upon this occasion, and as I am warmly interested in whatever concerns the public interest or has relation to you, it will be necessary to add, it is earnestly the desire of, dear Sir,

Your sincere friend and obedient servant.

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Resolutions of the freeholders of Albermarle County, Virginia July 26, 1774


At a Meeting of the Freeholders of the County of Albemarle, assembled in their collective body, at the Court House of the said County, on the 26th of July, 1774:

Resolved, That the inhabitants of the Several States of British America are subject to the laws which they adopted at their first settlement, and to such others as have been since made by their respective Legislatures, duly constituted and appointed with their own consent. That no other Legislature whatever can rightly exercise authority over them; and that these privileges they hold as the common rights of mankind, confirmed by the political constitutions they have respectively assumed, and also by several charters of compact from the Crown.

Resolved, That these their natural and legal rights have in frequent instances been invaded by the Parliament of Great Britain and particularly that they were so by an act lately passed to take away the trade of the inhabitants of the town of Boston, in the province of Massachusetts Bay; that all such assumptions of unlawful power are dangerous to the right of the British empire in general, and should be considered as its common cause, and that we will ever be ready to join with our fellow-subjects in every part of the same, in executing all those rightful powers which God has given us, for the re-establishment and guaranteeing such their constitutional rights, when, where, and by whomsoever invaded.

It is the opinion of this meeting, that the most eligible means of affecting these purposes, will be to put an immediate stop to all imports from Great Britain, (cotton, osnabrigs, striped duffil, medicines, gunpowder, lead, books and printed papers, the necessary tolls and implements for the handicraft arts and manufactures excepted, for a limited term) and to all exports thereto, after the first day of October, which shall be in the year of our Lord, 1775; and immediately to discontinue all commercial intercourse with every part of the British Empire which shall not in like manner break off their commerce with Great Britain.

It is the opinion of this meeting, that we immediately cease to import all commodities from every part of the world, which are subjected by the British Parliament to the payment of duties in America.

It is the opinion of this meeting, that these measures should be pursued until a repeal be obtained of the Act for blocking up the harbour of Boston; of the Acts prohibiting or restraining internal manufactures in America; of the Acts imposing on any commodities duties to be paid in America; and of the Act laying restrictions on the American trade; and that on such repeal it will be reasonable to grant to our brethren of Great Britain such privileges in commerce as may amply compensate their fraternal assistance, past and future.

Resolved, However, that this meeting do submit these their opinions to the Convention of Deputies from the several counties of this Colony, and appointed to be held at Williamsburg on the first day of August next, and also to the General Congress of Deputies from the several American States, when and wheresoever held; and that they will concur in these or any other measures which such convention or such Congress shall adopt as most expedient for the American good; and we do appoint Thomas Jefferson and John Walker our Deputies to act for this county at the said Convention, and instruct them to conform themselves to these our Resolutions and Opinions.

Source: Resolutions Of Albemarle County. Writings of Jefferson; Paul L. Ford Ed., i, 419. (July 26, 1774.) & The Works of Thomas Jefferson Volume 2; By Thomas Jefferson.


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Prophetic Letter from Thomas Jefferson to James Madison; Paris Dec 20, 1787

Thomas Jefferson concerning Separation of Powers

Thomas Jefferson concerning Separation of Powers


Paris, December 20, 1787.

Dear Sir,

My last to you was of October the 8th, by the Count de Moustier. Yours of July the 18th, September the 6th, and October the 25th, were successively received, yesterday, the day before, and three or four days before that. I have only had time to read the letters; the printed papers communicated with them, however interesting, being obliged to lie over till I finish my despatches for the packet, which despatches must go from hence the day after to-morrow. I have much to thank you for, first and most for the cyphered paragraph respecting myself. These little informations are very material towards forming my own decisions. I would be glad even to know when any individual member thinks I have gone wrong in any instance. If I know myself it would not excite ill blood in me, while it would assist to guide my conduct, perhaps, to justify it, and to keep me to my duty alert. I must thank you, too, for the information in Thomas Burk’s case; though you will have found, by a subsequent letter, that I have asked of you a further investigation of that matter. It is to gratify the lady who is at the head of the convent wherein my daughters are, and who, by her attachment and attention to them, lays me under great obligations. I shall hope, therefore, still to receive from you the result of all the further inquiries my second letter had asked. The parcel of rice, which you informed me had miscarried, accompanied my letter to the delegates of South Carolina. Mr. Bourgoin was to be the bearer of both, and both were delivered together into the hands of his relation here, who introduced him to me, and who, at a subsequent moment, undertook to convey them to Mr. Bourgoin. This person was an engraver, particularly recommended to Dr. Franklin and Mr. Hopkinson. Perhaps he may have mislaid the little parcel of rice among his baggage. I am much pleased that the sale of western lands is so successful. I hope they will absorb all the certificates of our domestic debt speedily, in the first place, and that then, offered for cash, they will do the same by our foreign ones.

The season admitting of operations in the Cabinet, and those being in a great measure secret, I have little to fill a letter. I will therefore make up the deficiency by adding a few words on the constitution proposed by our Convention.

I like much the general idea of framing a Government which would go on of itself peaceably, without 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 inferior to the present Congress, will be very illy qualified to legislate for the Union, for foreign nations, &c, 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 immediately 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 persons 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 I 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 standing armies, restriction against 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. To say, as 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 addressed, but it is surely a gratis dictum, the reverse of which might just as well be said; and it is opposed by strong inferences from the body of the instrument, as well as from the omission of the clause of our present Confederation, which had made the reservation in express terms. It was hard to conclude, because there has been a want of uniformity among the States as to the cases triable by jury, because some have been so incautious 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. It would have been much more just and wise to have concluded by the other way, that as most of the States had preserved with jealousy this sacred palladium of liberty, those which had wandered should be brought back to it; and to have established general right rather than general wrong. For I consider all the ill as established which may be established. I have a right to nothing which another has a right to take away; and Congress will have a right to take away trials by jury in all civil cases. Let me add, that a bill of rights is what the people are entitled to against every Government on earth, general or particular, and which no just Government should refuse, or rest on inference. Roman Emperors, the Popes while they were of any importance, the German Emperors till they became hereditary in practice, the Kings of Poland, the Deys of the Ottoman dependencies. It may be said that if elections are to be attended with these disorders, the less frequently they are repeated the better. But experience says, that to free them from disorder they must be rendered less interesting by a necessity of change. No foreign Power, nor domestic party, will waste their blood and money to elect a person who must go out at the end of a short period. The power of removing every fourth year by the vote of the people is a power which they will not exercise, and if they were disposed to exercise it, they would not be permitted. The King of Poland is removable every day by the Diet, but they never remove him. Nor would Russia, the Emperor, Sic, permit them to do it. Smaller objections are, the appeals on matters of fact as well as law, and the binding all persons, legislative, executive, and judiciary, by oath to maintain that Constitution. I do not pretend to decide what would be the best method of procuring the establishment of the manifold good things in this Constitution, and of getting rid of the bad. Whether by adopting it in hopes of future amendments; or, after it shall have been only weighed and canvassed by the people, after seeing the parts they generally dislike and those they generally approve, to say to them: “We see now ‘what you wish. You are willing to give to your Federal Government such and such powers, but you wish at the same time to have ‘such and such fundamental rights secured to you, and certain sources ‘of convulsion taken away. Be it so. Send together your deputies ‘again. Let them establish your fundamental rights by a sacrosanct ‘declaration, and let them pass the parts of the Constitution you ‘have approved. These will give powers to your Federal Government sufficient for your happiness.”

The second feature I 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. Reason and experience tell us that the first magistrate will always be reelected, if he may be reelected. He is then an officer for life. This once observed, it becomes of so much consequence to certain nations to have a friend or a foe at the head of our affairs, that they will interfere with money and with arms. A Galloman or an Angloman will be supported by the nation he befriends. If once elected, and at a second or third election out-voted by one or two votes, he will pretend false votes, foul play, hold possession of the reins of Government, be supported by the States voting for him, especially if they be the central ones, lying in a compact body themselves, and separating their opponents; and they will be aided by one nation in Europe, while the majority are aided by another. The election of a President of America, some years hence, will be much more interesting to certain nations of Europe than ever the election of a King of Poland was. Reflect on all the instances in history, ancient and modern, of the elective Monarchies, and say if they do not give foundation for my fears; the Roman Emperors, the Popes while they were of any importance, the German Emperors till they became hereditary in practice, the Kings of Poland, the Deys of the Ottoman dependencies. It may be said that if elections are to be attended with these disorders, the less frequently they are repeated the better. But experience says, that to free them from disorder, they must be rendered less interesting by a necessity of change. No foreign power, nor domestic party, will waste their blood and money to elect a person who must go out at the end of a short period. The power of removing every fourth year by the vote of the people, is a power which they will not exercise, and if the were disposed to exercise it, they would not be permitted. The king of Poland is removeable every day by the Diet, but they never remove him. Nor would Russia, the Emperor, &0. permit them to do it. Smaller objections are, the appeals on matters of fact as well as law; and the binding all persons, legislative, executive, and judiciary, by oath to maintain the constitution. I. do not pretend to decide what would be the best method of procuring the establishment of the manifold good things in this constitution, and of getting rid of the bad. Whether by adopting it in hopes of future amendments; or after it shall have been only weighed and canvassed by the people, after seeing the parts they generally dislike, and those . they generally approve, to say to them, ‘We see now what you wish. You are willing to give to your federal government such and such powers, but you wish, at the same time, to have such and such fundamental rights secured to you, and certain sources of convulsion taken away. Be it so. Send together your deputies again. Let them establish your fundamental rights by a sacro-sancl declaration, and let them pass the parts of the constitution you have approved. These will give powers to your federal government sufficient for your happiness.’

This is what might be said, and would probably produce a speedy, more perfect, and more permanent form of Government. At all events I hope you will not be discouraged from making other trials, if the present one should fail. We are never permitted to despair of the Commonwealth. I have thus told you freely which I like and what I dislike, merely as a matter of curiosity; for I know it is not in my power to offer matter of information to your judgment, which has been formed after hearing and weighing everything which the wisdom of man could offer on these subjects. I own I am not a friend to a very energetic Government. It is always oppressive. It places the governors, indeed, more at ease, at the expense of the people. The late rebellion in Massachusetts has given more alarm than I think it should have done. Calculate that one rebellion in thirteen States in the course of eleven years is but one for each State in a century and a half. No country should be as long without one. Nor will any degree of power in the hands of Government prevent insurrection. In England, where the hand of power is heavier than with us, there are seldom half a dozen years without an insurrection. In France, where it is still heavier, but less despotic, as Montesquieu supposes, than in some other countries, and where there are always two or three hundred thousand men ready to crush insurrections, there have been three in the course of the three years I have been here, in every one of which greater numbers were engaged than in Massachusetts, and a great deal more blood spilt. In Turkey, where the sole nod of the despot is death, insurrections are the events of every day. Compare again the ferocious depredations of their insurgents with the order, the moderation, and the almost self-extinguishment of ours; and say, finally, whether peace is best preserved by giving energy to the Government or information to the people. This last is the most certain and the most legitimate engine of government. Educate and inform the whole mass of the people. Enable them to see that it is their interest to preserve peace and order, and they will preserve them. And it requires no very high degree of education to convince them of this. They are the only sure reliance for the preservation of our liberty. After all, it is my principle that the will of the majority should prevail. If they approve the proposed Constitution in all its parts, I shall concur in it cheerfully, in hopes they will amend it whenever they shall find it works wrong. This reliance cannot deceive us as long as we remain virtuous; and I think we shall be so as long as agriculture is our principal object, which will be the case while there remain vacant lands in any part of America. When we get piled upon one another in large cities, as in Europe, we shall become corrupt as in Europe, and go to eating one another as they do there. I have tired you by this time with disquisitions which you have already heard repeated by others, a thousand and a thousand times, and therefore shall only add assurances of the esteem and attachment with which I have the honor to be, &c,


P. S. The instability of our laws is really an immense evil. I think it would be well to provide in our Constitution that there shall always be a twelvemonth between the engrossing a bill and passing it—that it should then be offered to its passage without changing a word; and that if circumstances should be thought to require a speedier passage, it should take two thirds of both Houses instead of a bare majority.

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Declaration of the Causes and Necessity of Taking up Arms July 6, 1775


June 23, 1775, John Rutledge of South Carolina, William Livingston of New Jersey, Franklin, Jay, and Thomas Johnson of Maryland, were appointed & committee ” to draw up a declaration, to be published by General Washington, upon his arrival at the camp before Boston.” The report was brought in the next day, and on the 26th, after debate, was recommitted, and Dickinson and Jefferson added to the committee. A draft prepared by Jefferson being thought by Dickinson too outspoken, the latter prepared a new one, retaining, however, the closing paragraphs as drawn by Jefferson. In this form the declaration was reported June 27, and agreed to July 6.

References.— Text in Journals of Congress (ed. 1800), I., 134-139. The case for the colonies in 1775 is best stated in John Adams’s Novanglus (Works, IV., 11-177), in reply to a series of newspaper articles by Daniel Leonard, over the signature of Massachusettensis. The two series were printed together at Boston in 1819. See also Chamberlain’s John Adams, the Statesman of the Revolution.

A declaration by the Representatives of the United Colonies of North-America, now met in Congress at Philadelphia, setting forth the causes and necessity of their taking up arms.

IF it was possible for men, who exercise their reason to believe, that the divine Author of our existence intended a part of the human race to hold an absolute property in, and an unbounded power over others, marked out by his infinite goodness and wisdom, as the objects of a legal domination never rightfully resistible, however severe and oppressive, the inhabitants of these colonies might at least require from the parliament of Great Britain some evidence, that this dreadful authority over them, has been granted to that body. But a reverence for our great Creator, principles of humanity, and the dictates of common sense, must convince all those who reflect upon the subject, that government was instituted to promote the welfare of mankind, and ought to be administered for the attainment of that end. The legislature of Great-Britain, however, stimulated by an inordinate passion for a power not only unjustifiable, but which they know to be peculiarly reprobated by the very constitution of that kingdom, and desperate of success in any mode of contest, where regard should be had to truth, law, or right, have at length, deserting those, attempted to effect their cruel and impolitic purpose of enslaving these colonies by violence, and have thereby rendered it necessary for us to close with their last appeal from reason to arms.—Yet, however blinded that assembly may be, by their intemperate rage for unlimited domination, so to slight justice and the opinion of mankind, we esteem ourselves bound by obligations of respect to the rest of the world, to make known the justice of our cause.

Our forefathers, inhabitants of the island of Great-Britain, left their native land, to seek on these shores a residence for civil and religious freedom. At the expense of their blood, at the hazard of their fortunes, without the least charge to the country from which they removed, by unceasing labour, and an unconquerable spirit, they effected settlements in the distant and inhospitable wilds of America, then filled with numerous and warlike nations of barbarians. — Societies or governments, vested with perfect legislatures, were formed under charters from the crown, and an harmonious intercourse was established between the colonies and the kingdom from which they derived their origin. The mutual benefits of this union became in a short time so extraordinary, as to excite astonishment. It is universally confessed, that the amazing increase of the wealth, strength, and navigation of the realm, arose from this source; and the minister, who so wisely and successfully directed the measures of Great-Britain in the late war, publicly declared, that these colonies enabled her to triumph over her enemies. —-Towards the conclusion of that war, it pleased our sovereign to make a change in his counsels. — From that fatal moment, the affairs of the British empire began to fall into confusion, and gradually sliding from the summit of glorious prosperity, to which they had been advanced by the virtues and abilities of one man, are at length distracted by the convulsions, that now shake it to its deepest foundations. —The new ministry finding the brave foes of Britain, though frequently defeated, yet still contending, took up the unfortunate idea of granting them a hasty peace, and of then subduing her faithful friends.

These devoted colonies were judged to be in such a state, as to present victories without bloodshed, and all the easy emoluments of statuteable plunder. —The uninterrupted tenor of their peaceable and respectful behaviour from the beginning of colonization, their dutiful, zealous, and useful services during the war, though so recently and amply acknowledged in the most honourable manner by his majesty, by the late king, and by parliament, could not save them from the meditated innovations. — Parliament was influenced to adopt the pernicious project, and assuming a new power over them, have in the course of eleven years, given such decisive specimens of the spirit and consequences attending this power, as to leave no doubt concerning the effects of acquiescence under it. They have undertaken to give and grant our money without our consent, though we have” ever exercised an exclusive right to dispose of our own property; statutes have been passed for extending the jurisdiction of courts of admiralty and vice-admiralty beyond their ancient limits; for depriving us of the accustomed and inestimable privilege of trial by jury, in cases affecting both life and property; for suspending the legislature of one of the colonies; for interdicting all commerce to the capital of another; and for altering fundamentally the form of government established by charter, and secured by acts of its own legislature solemnly confirmed by the crown; for exempting the “murderers” of colonists from legal trial, and in effect, from punishment; for erecting in a neighbouring province, acquired by the joint arms of Great-Britain and America, a despotism dangerous to our very existence; and for quartering soldiers upon the colonists in time of profound peace. It has also been resolved in parliament, that colonists charged with committing certain offences, shall be transported to England to be tried.

But why should we enumerate our injuries in detail? By one statute it is declared, that parliament can “of right make laws to bind us in all cases whatsoever.” What is to defend us against so enormous, so unlimited a power? Not a single man of those who assume it, is chosen by us; or is subject to our controul or influence; but, on the contrary, they are all of them exempt from the operation of such laws, and an American revenue, if not diverted from the ostensible purposes for which it is raised, would actually lighten their own burdens in proportion, as they increase ours. We saw the misery to which such despotism would reduce us. We for ten years incessantly and ineffectually besieged the throne as supplicants; we reasoned, we remonstrated with parliament, in the most mild and decent language.

Administration sensible that we should regard these oppressive measures as freemen ought to do, sent over fleets and armies to enforce them. The indignation of the Americans was roused, it is true; but it was the indignation of a virtuous, loyal, and affectionate people. A Congress of delegates from the United Colonies was assembled at Philadelphia, on the fifth day of last September. We resolved again to offer an humble and dutiful petition to the king, and also addressed our fellow-subjects of Great-Britain. We have pursued every temperate, every respectful measure: we have even proceeded to break off our commercial intercourse with our fellow-subjects, as the last peaceable admonition, that our attachment to no nation upon earth should supplant our attachment to liberty. —This, we flattered ourselves, was the ultimate step of the controversy: but subsequent events have shewn, how vain was this hope of finding moderation in our enemies.

Several threatening expressions against the colonies were inserted in his majesty’s speech; our petition, tho’ we were told it was a decent one, and that his majesty had been pleased to receive it graciously, and to promise laying it before his parliament, was huddled into both houses among a bundle of American papers, and there neglected. The lords and commons in their address, in the month of February, said, that “a rebellion at that time actually existed within the province of Massachusetts Bay; and that those concerned in it, had been countenanced and encouraged by unlawful combinations and engagements, entered into by his majesty’s subjects in several of the other colonies; and therefore they besought his majesty, that he would take the most effectual measures to inforce due obedience to the laws and authority of the supreme legislature.” — Soon after, the commercial intercourse of whole colonies, with foreign countries, and with each other, was cut off by an act of parliament; by another several of them were intirely prohibited from the fisheries in the seas near their co[a]sts, on which they always depended for their sustenance; and large reinforcements of ships-and troops were immediately sent over to general Gage..

Fruitless were all the entreaties, arguments, and eloquence of an illustrious band of the most distinguished peers, and commoners, who nobly and strenously asserted the justice of our cause, to stay, or even to mitigate the heedless fury with which these accumulated and unexampled outrages were hurried on. — Equally fruitless was the interference of the city of London, of Bristol, and many other respectable towns in our favour. Parliament adopted an insidious manoeuvre calculated to divide us, to establish a perpetual auction of taxations where colony should bid against colony, all of them uninformed what ransom would redeem their lives; and thus to extort from us, at the point of the bayonet, the unknown sums that should be sufficient to gratify, if possible to gratify, ministerial rapacity, with the miserable indulgence left to us of raising, in our own mode, the prescribed tribute. What terms more rigid and humiliating could have been dictated by remorseless victors to conquered enemies? in our circumstances to accept them, would be to deserve them.

Soon after the intelligence of these proceedings arrived on this continent, general Gage, who in the course of the last year had taken possession of the town of Boston, in the province of Massachusetts-Bay, and still occupied it is a garrison, on the 19th day of April, sent out from that place a large detachment of his army, who made an unprovoked assault on the inhabitants of the said province, at the town of Lexington, as appears by the affidavits of a great number of persons, some of whom were officers and soldiers of that detachment, murdered eight of the inhabitants, and wounded many others. From thence the troops proceeded in warlike array to the town of Concord, where they set upon another party of the inhabitants of the same province, killing several and wounding more, until compelled to retreat by the country people suddenly assembled to repel this cruel aggression. Hostilities, thus commenced by the British troops, have been since prosecuted by them without regard to faith or reputation.— The inhabitants of Boston being confined within that town by the general their governor, and having, in order to procure their dismission, entered into a treaty with him, it was stipulated that the said inhabitants having deposited their arms with their own magistrates, should have liberty to depart, taking with them their other effects. They accordingly delivered up their arms, but in open violation of honour, in defiance of the obligation of treaties, which even savage nations esteemed sacred, the governor ordered the arms deposited as aforesaid, that they might be preserved for their owners, to be seized by a body of soldiers; detained the greatest part of the inhabitants in the town, and compelled the few who were permitted to retire, to leave their most valuable effects behind.

By this perfidy wives are separated from their husbands, children from their parents, the aged and the sick from their relations and friends, who wish to attend and comfort them; and those who have been used to live in plenty and even elegance, are reduced to deplorable distress.

The general, further emulating his ministerial masters, by a proclamation bearing date on the i2th day of June, after venting the grossest falsehoods and calumnies against the good people of these colonies, proceeds to “declare them all, either by name or description, to be rebels and traitors, to supersede the course of the common law, and instead thereof to publish and order the use and exercise of the law martial.” — His troops have butchered our countrymen, have wantonly burnt Charlestown, besides a considerable number of houses in other places; our ships and vessels are seized; the necessary supplies of provisions are intercepted, and he is exerting his utmost power to spread destruction and devastation around him.

We have received certain intelligence, that general Carelton [Carleton], the governor of Canada, is instigating the people of that province and the Indians to fall upon us; and we have but too much reason to apprehend, that schemes have been formed to excite domestic enemies against us. In brief, a part of these colonies now feel, and all of them are sure of feeling, as far as the vengeance of administration can inflict them, the complicated calamities of fire, sword, and famine. We [From this point the declaration follows Jefferson’s draft.]  are reduced to the alternative of chusing an unconditional submission to the tyranny of irritated ministers, or resistance by force. —The latter is our choice. —We have counted the cost of this contest, and find nothing so dreadful as voluntary slavery. — Honour, justice, and humanity, forbid us tamely to surrender that freedom which we received from our gallant ancestors, and which our innocent posterity have a right to receive from us. We cannot endure the infamy and guilt of resigning succeeding generations to that wretchedness which inevitably awaits them, if we basely entail hereditary bondage upon them.

Our cause is just. Our union is perfect. Our internal resources are great, and, if necessary, foreign assistance is undoubtedly attainable. —We gratefully acknowledge, as signal instances of the Divine favour towards us, that his Providence would not permit us to be called into this severe controversy, until we were grown up to our present strength, had been previously exercised in warlike operation, and possessed of the means of defending ourselves. With hearts fortified with these animating reflections, we most solemnly, before God and the world, declare, that, exerting the utmost energy of those powers, which our beneficent Creator hath graciously bestowed upon us, the arms we have been compelled by our enemies to assume, we will, in defiance of every hazard, with unabating firmness and perseverence, employ for the preservation of our liberties; being with one mind resolved to die freemen rather then to live slaves.

Lest this declaration should disquiet the minds of our friends and fellow-subjects in any part of the empire, we assure them that we mean not to dissolve that union which has so long and so happily subsisted between us, and which we sincerely wish to see restored. — Necessity has not yet driven us into that desperate measure, or induced us to excite any other nation to war against them. — We have not raised armies with ambitious designs of separating from Great-Britain, and establishing independent states. We fight not for glory or for conquest. We exhibit to mankind the remarkable spectacle of a people attacked by unprovoked enemies, without any imputation or even suspicion of offence. They boast of their privileges and civilization, and yet proffer no milder conditions than servitude or death.

In our own native land, in defence of the freedom that is our birth-right, and which we ever enjoyed till the late violation of it — for the protection of our property, acquired solely by the honest industry of our fore-fathers and ourselves, against violence actually offered, we have taken up arms. We shall lay them down when hostilities shall cease on the part of the aggressors, and all danger of their being renewed shall be removed, and not before.

With an humble confidence in the mercies of the supreme and impartial Judge and Ruler of the Universe, we most devoutly implore his divine goodness to protect us happily through this great conflict, to dispose our adversaries to reconciliation on reasonable terms, and thereby to relieve the empire from the calamities of civil war.

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Proceeding, fellow-citizens, to that qualification which the Constitution requires before my entrance on the charge again conferred upon me, it is my duty to express the deep sense I entertain of this new proof of confidence from my fellow-citizens at large, and the zeal with which it inspires me so to conduct myself as may best satisfy their just expectations.

On taking this station, on a former occasion, I declared the principles on which I believed it my duty to administer the affairs of our commonwealth. My conscience tells me that I have, on every occasion, acted up to that declaration, according to its obvious import, and to the understanding of every candid mind.

In the transaction of your foreign affairs, we have endeavored to cultivate the friendship of all nations, and especially of those with which we have the most important relations. We have done them justice on all occasions, favor where favor was lawful, and cherished mutual interests and intercourse on fair and equal terms. We are firmly convinced, and we act on that conviction, that with nations, as with individuals, our interests soundly calculated, will ever be found inseparable from our moral duties; and history bears witness to the fact, that a just nation is taken on its word, when recourse is had to armaments and wars to bridle others.

At home, fellow-citizens, you best know whether we have done well or ill. The suppression of unnecessary offices, of useless establishments and expenses, enabled us to discontinue our internal taxes. These, covering our land with officers, and opening our doors to their intrusions, had already begun that process of domiciliary vexation, which, once entered, is scarcely to be restrained from reaching, successively, every article of produce and property. If, among these taxes some minor ones fell which had not been inconvenient, it was because their amount would not have paid the officers who collected them, and because, if they had any merit, the State authorities might adopt them instead of others less approved.

The remaining revenue, on the consumption of foreign articles, is paid cheerfully by those who can afford to add foreign luxuries to domestic comforts. Being collected on our seaboard and frontiers only, and incorporated with the transactions of our mercantile citizens, it may be the pleasure and pride of an American to ask, what farmer, what mechanic, what laborer, ever sees a tax-gatherer of the United States? These contributions enable us to support the current expenses of the Government; to fulfil contracts with foreign nations; to extinguish the native right of soil within our limits; to extend those limits; and to apply such a surplus to our public debts as places at a short day their final redemption; and, that redemption once effected, the revenue thereby liberated may, by a just repartition among the States, and a corresponding amendment of the Constitution, be applied, in time of peace, to rivers, canals, roads, arts, manufactures, education, and other great objects, within each State. In time of war, if injustice by ourselves or others must sometimes produce war, increased, as the same revenue will be increased by population and consumption, and aided by other resources reserved for that crisis, it may meet, within the year all the expenses of the year, without encroaching on the rights of future generations, by burdening them with the debts of the past. War will then be but a suspension of useful works; and a return to a state of peace, a return to the progress of improvement.

I have said, fellow-citizens, that the income reserved had enabled us to extend our limits; but that extension may possibly pay for itself before we are called on, and, in the mean time, may keep down the accruing interest; in all events, it will repay the advances we have made. I know that the acquisition of Louisiana has been disapproved by some, from a candid apprehension that the enlargement of our territory would endanger its union. But who can limit the extent to which the federative principle may operate effectively? The larger our association, the less will it be shaken by local passions; and, in any view, is it not better that the opposite bank of the Mississippi should be settled by our own brethren and children, than by strangers of another family? With which shall we be most likely to live in harmony and friendly intercourse?

In matters of religion, I have considered that its free exercise is placed by the Constitution independent of the powers of the General Government. I have therefore undertaken, on no occasion, to prescribe the religious exercises suited to it, but have left them as the Constitution found them, under the direction and discipline of State and Church authorities acknowledged by the several religious societies.

The aboriginal inhabitants of these countries I have regarded with the commiseration their history inspires. Endowed with the faculties and the rights of men, breathing an ardent love of liberty and independence, and occupying a country which left them no desire but to be undisturbed, the stream of overflowing population from other regions directed itself on these shores. Without power to divert, or habits to contend against, they have been overwhelmed by the current, or driven before it. Now reduced within limits too narrow for the hunter state, humanity enjoins us to teach them agriculture and the domestic arts, to encourage them to that industry which alone can enable them to maintain their place in existence, and to prepare them, in time, for that state of society which to bodily comforts adds the improvement of the mind and morals. We have, therefore, liberally furnished them with the implements of husbandry and household use; we have placed among them instructors in the arts of first necessity; and they are covered with the aegis of the law against aggressors from among ourselves.

But the endeavors to enlighten them on the fate which awaits their present course of life, to induce them to exercise their reason, follow its dictates, and change their pursuits with the change of circumstances, have powerful obstacles to encounter. They are combated by the habits of their bodies, prejudice of their minds, ignorance, pride, and the influence of interested and crafty individuals among them, who feel themselves something in the present order of things, and fear to become nothing in any other. These persons inculcate a sanctimonious reverence for the customs of their ancestors; that whatsoever they did must be done through all time; that reason is a false guide, and to advance under its counsel in their physical, moral, or political conditions, is perilous innovation; that their duty is to remain as their Creator made them—ignorance being safety, and knowledge full of danger. In short, my friends, among them is seen the action and counteraction of good sense and bigotry. They, too, have their anti-philosophers, who find an interest in keeping things in their present state, who dread reformation, and exert all their faculties to maintain the ascendency of habit over the duty of improving our reason and obeying its mandates.

In giving these outlines, I do not mean, fellow-citizens, to arrogate to myself the merit of the measures; that is due, in the first place, to the reflecting character of our citizens at large, who, by the weight of public opinion, influence and strengthen the public measures. It is due to the sound discretion with which they select from among themselves those to whom they confide the legislative duties. It is due to the zeal and wisdom of the characters thus selected, who lay the foundations of public happiness in wholesome laws, the execution of which alone remains for others. And it is due to the able and faithful auxiliaries whose patriotism has associated with me in the executive functions.

During this course of administration, and in order to disturb it, the artillery of the press has been levelled against us, charged with whatsoever its licentiousness could devise or dare. These abuses of an institution so important to freedom and science are deeply to be regretted, inasmuch as they tend to lessen its usefulness and to sap its safety. They might, indeed, have been corrected by the wholesome punishments reserved and provided by the laws of the several States against falsehood and defamation; but public duties more urgent press on the time of public servants, and the offenders have therefore been left to find their punishment in the public indignation.

Nor was it uninteresting to the world, that an experiment should be fairly and fully made, whether freedom of discussion, unaided by power, is not sufficient for the propagation and protection of truth? Whether a government, conducting itself in the true spirit of its constitution, with zeal and purity, and doing no act which it would be unwilling the whole world should witness, can be written down by falsehood and defamation? The experiment has been tried. You have witnessed the scene. Our fellow-citizens have looked on cool and collected. They saw the latent source from which these outrages proceeded. They gathered around their public functionaries; and, when the Constitution called them to the decision by suffrage, they pronounced their verdict, honorable to those who had served them, and consolatory to the friend of man, who believes he may be intrusted with his own affairs.

No inference is here intended that the laws provided by the State against false and defamatory publications should not be enforced. He who has time, renders a service to public morals and public tranquillity in reforming these abuses by the salutary coercions of the law. But the experiment is noted to prove that, since truth and reason have maintained their ground against false opinions, in league with false facts, the press, confined to truth, needs no other legal restraint. The public judgment will correct false reasonings and opinions, on a full hearing of all parties; and no other definite line can be drawn between the inestimable liberty of the press and its demoralizing licentiousness. If there be still improprieties which this rule would not restrain, its supplement must be sought in the censorship of public opinion.

Contemplating the union of sentiment now manifested so generally, as auguring harmony and happiness to our future course, I offer to our country sincere congratulations. With those, too, not yet rallied to the same point, the disposition to do so is gaining strength. Facts are piercing through the veil drawn over them; and our doubting brethren will at length see that the mass of their fellow-citizens, with whom they cannot yet resolve to act, as to principles and measures, think as they think, and desire what they desire; that our wish, as well as theirs, is, that the public efforts may be directed honestly to the public good, that peace be cultivated, civil and religious liberty unassailed, law and order preserved, equality of rights maintained, and that state of property, equal or unequal, which results to every man from his own industry, or that of his father s. When satisfied of these views, it is not in human nature that they should not approve and support them. In the meantime, let us cherish them with patient affection; let us do them justice, and more than justice, in all competitions of interest.—and we need not doubt that truth, reason, and their own interests, will at length prevail—will gather them into the fold of their country, and will complete their entire union of opinion which gives to a nation the blessing of harmony, and the benefit of all its strength.

I shall now enter on the duties to which my fellow-citizens have again called me, and shall proceed in the spirit of those principles which they have approved. I fear not that any motives of interest may lead me astray. I am sensible of no passion which could seduce me, knowingly, from the path of justice; but the weaknesses of human nature, and the limits of my own understanding, will produce errors of judgment sometimes injurious to your interests. I shall need, therefore, all the indulgence I have heretofore experienced, the want of it will certainly not lessen with increasing years. I shall need, too, the favor of that Being in whose hands we are: who led our forefathers, as Israel of old, from their native land, and planted them in a country flowing with all the necessaries and comforts of life; who has covered our infancy with His providence, and our riper years with His wisdom and power; and to whose goodness I ask you to join with me in supplications, that He will so enlighten the minds of your servants, guide their councils, and prosper their measures, that whatsoever they do shall result in your good, and shall secure to you the peace, friendship, and approbation of all nations.—Writings of Jefferson; Paul Ford Ed., viii, 341. (March 4, 1805.)

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Section I. Well aware that the opinions and belief of men depend not on their own will, but follow involuntarily the evidence proposed to their minds; that Almighty God hath created the mind free, and manifested His supreme will that free it shall remain by making it altogether insusceptible of restraint: that all attempts to influence it by temporal punishments or burthens, or by civil incapacitations, tend only to beget habits of hypocrisy and meanness, and are a departure from the plan of the Holy Author of our religion, who being Lord both of body and mind, yet chose not to propagate it by coercions on either, as was in his Almighty power to do, but to exalt it by its influence on reason alone: that the impious presumption of legislature and ruler, civil as well as ecclesiastical, who, being themselves but fallible and uninspired men. have assumed dominion over the faith of others, setting up their own opinions and modes of thinking as the only true and infallible, and as such endeavoring to impose them on others, hath established and maintained false religions over the greatest part of the world, and through all time: That to compel a man to furnish contributions of money for the propagation of opinions which he disbelieves and abhors is sinful and tyrannical; that even the forcing him to support this or that teacher of his own religious persuasion, is depriving him of the comfortable liberty of giving his contributions to the particular pastor whose morals he would make his pattern, and whose powers he feels most persuasive to righteousness; and is withdrawing from the ministry those temporary rewards, which, proceeding from an approbation of their personal conduct, are an additional incitement to earnest and unremitting labors for the instruction of mankind, that our civil rights have no dependence on our religious opinions, any more than our opinions in physics or geometry; and therefore the proscribing any citizen as unworthy the public confidence by laying upon him an incapacity of being called to office of trust or emolument, unless he profess or renounce this or that religious opinion, is depriving him injudiciously of those privileges and advantages to which, in common with his fellow citizens, he has a natural right; that it tends also to corrupt the principles of that very religion it is meant to encourage, by bribing with a monopoly of worldly honors and emoluments, those who will externally profess and conform to it; that though indeed these are criminals who do not withstand such temptation, yet neither are those innocent who lay the bait in their way; that the opinions of men are not the object of civil government, nor under its jurisdiction; that to suffer the civil magistrate to intrude his powers into the field of opinion, and to restrain the profession or propagation of principles on supposition of their ill tendency is a dangerous fallacy which at once destroys all religious liberty, because, he being of course judge of that tendency, will make his opinions the rule of judgment, and approve or condemn the sentiments of others only as they shall square with or differ from his own; that it is time enough for the rightful purposes of civil government for its officers to interfere when principles break out into overt acts against peace and good order; and finally, that truth is great and will prevail if left to herself; that she is the proper and sufficient antagonist to error, and has nothing to fear from the conflict unless, by human interposition, disarmed of her natural weapons, free argument and debate; errors ceasing to be dangerous when it is permitted freely to contradict them:

Sect, II. We, the General Assembly of Virginia, do enact that no man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever, nor shall be enforced, restrained, molested, or burthened in his body or goods, or shall otherwise suffer on account of his religious opinions or belief; but that all men shall be free to profess, and by argument to maintain, their opinions in matters of religion, and that the same shall in no wise diminish, enlarge, or affect their civil capacities.

Sect. III. And though we well know that this Assembly, elected by the people for the ordinary purposes of legislation only, have no power to restrain the acts of succeeding Assemblies, constituted with powers equal to our own, and that, therefore, to declare this act to be irrevocable would be of no effect in law; yet we are free to declare, and do declare, that the rights hereby asserted are of the natural rights of mankind, and that if any act shall be hereafter parsed to repeal the present or to narrow its operations, such act will be an infringement of natural right.—Writings of Jefferson: Paul Ford Ed., ii, 237. (1786.)

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