Thomas Jefferson: On the New Constitution

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      Thomas Jefferson summarized his judgment of the new Constitution in a letter to Francis Hopkinson of March 13, 1789. "The great leader" to whom he refers was George Washington. Not until 1951 was an amendment passed, of the sort he wished, limiting the eligibility of the President to two terms—the precedent established by Washington when he refused to run for a third term in 1796.

      You say that I have been dished up to you as an Anti-Federalist, and ask me if it be just. My opinion was never worthy enough of notice to merit citing; but, since you ask it, I will tell it to you. I am not a Federalist, because I never submitted the whole system of my opinions to the creed of any party of men whatever, in religion, in philosophy, in politics, or in anything else, where I was capable of thinking for myself. Such an addiction is the last degradation of a free and moral agent. If I could not go to heaven but with a party, I would not go there at all. Therefore, I am not of the party of Federalists.

      But I am much farther from that of the Anti-Federalists. I approved, from the first moment, of the great mass of what is in the new Constitution: the consolidation of the government; the organization into executive, legislative, and judiciary; the subdivision of the legislative; the happy compromise of interests between the great and little states by the different manner of voting in the different houses; the voting by persons instead of states; the qualified negative on laws given to the executive, which, however, I should have like better if associated with the judiciary also, as in New York; and the power of taxation. I thought at first that the latter might have been limited. A little reflection soon convinced me it ought not to be.

      What I disapproved from the first moment, also, was the want of a bill of rights to guard liberty against the legislative as well as the executive branches of the government; that is to say, to secure freedom in religion, freedom of the press, freedom from monopolies, freedom from unlawful imprisonment, freedom from a permanent military, and a trial by jury, in all cases determinable by the laws of the land. I disapproved, also, the perpetual reeligibility of the President. To these points of disapprobation I adhere.

      My first wish was that the nine first conventions might accept the Constitution as the means of securing to us the great mass of good it contained, and that the four last might reject it as the means of obtaining amendments. But I was corrected in this wish the moment I saw the much better plan of Massachusetts, and which had never occurred to me. With the respect to the declaration of rights, I suppose the majority of the United States are of my opinion; for I apprehend all the Anti-Federalists and a very respectable proportion of the Federalists think that such a declaration should now be annexed. The enlightened part of Europe have given us the greatest credit for inventing the instrument of security for the rights of the people and have been not a little surprised to see us so soon give it up.

      With respect to the reeligibility of the President, I find myself differing from the majority of my countrymen; for I think there are but three states out of the eleven which have desired an alteration of this. And, indeed, since the thing is established, I would wish it not to be altered during the life of our great leader, whose executive talents are superior to those, I believe, of any man in the world, and who, alone, by the authority of his name and the confidence reposed in his perfect integrity, is fully qualified to put the new government so under way as to secure it against the efforts of opposition. But, having derived from our error all the good there was in it, I hope we shall correct it the moment we can no longer have the same name at the helm.

      These, my dear friend, are my sentiments, by which you will see I was right in saying I am neither Federalist nor Anti-Federalist; that I am of neither party, nor yet a trimmer between parties. These, my opinions, I wrote within a few hours after I had read the Constitution to one or two friends in America. I had not then read one single word printed on the subject. I never had an opinion in politics or religion which I was afraid to own. A costive reserve on these subjects might have procured me more esteem from some people, but less from myself. My great wish is to go on in a strict but silent performance of my duty; to avoid attracting notice and to keep my name out of newspapers, because I find the pain of a little censure, even when it is unfounded, is more acute than the pleasure of much praise. The attaching circumstance of my present office is that I can do its duties unseen by those for whom they are done.

      You did not think, by so short a phrase in your letter, to have drawn on yourself such an egotistical dissertation. I beg your pardon for it, and will endeavor to merit that pardon by the constant sentiments of esteem and attachment with which I am, dear sir, your sincere friend and servant.

Source: The Writings of Thomas Jefferson: Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private, H.A. Washington, ed., 1853-1854, 9 vols.

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