Thursday, April 30, 2009

Thomas Jefferson Makes Himself Crystal Clear

I have written before in this venue about the words Thomas Jefferson used to describe the value of the First Amendment. He did not use "separation of church and state" but rather chose "freedom of religion" to characterize the Amendment.

In many other writings he talked about the main points of the Constitution's guarantees of rights (i.e. the Bill of Rights). Some are collected below, all from the Library of Congress (highlights are mine). The title of each entry is linked to the original transcription.

Thomas Jefferson to James Monroe, August 9, 1788

"...I heartily rejoice that 9 states have accepted the new constitution. As yet we do not hear what Virginia, N. Carolina & N. York have done, & we take for granted R. isld. is against it. This constitution forms a basis which is good, but not perfect. I hope the states will annex to it a bill or rights securing those which are essential against the federal government; particularly trial by jury, habeas corpus, freedom of religion, freedom of the press, freedom against monopolies, & no standing armies..."

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Thomas Jefferson to Albert Gallatin, October 29, 1803

"...The existing laws of the country being now in force, the new legislature will of course introduce the trial by jury in criminal cases, first; the habeas corpus, the freedom of the press, freedom of religion, &c., as soon as can be, and in general draw their laws and organization to the mould of ours by degrees as they find practicable without exciting too much discontent..."

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Thomas Jefferson to Joseph Priestley, June 19, 1802

"...On receiving it I wrote strongly to Mr. Madison, urging the want of provision for the freedom of religion, freedom of the press, trial by jury, habeas corpus, the substitution of militia for a standing army, and an express reservation to the States of all rights not specifically granted to the Union. He accordingly moved in the first session of Congress for these amendments, which were agreed to & ratified by the States as they now stand. This is all the hand I had in what related to the Constitution..."

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Thomas Jefferson to Benjamin Rush, September 23, 1800

"...it secured the freedom of the press, covered also the freedom of religion..."

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Thomas Jefferson to Gideon Granger, August 13, 1800

"...attached equally to the preservation to the states of those rights unquestionably remaining with them; friends to the freedom of religion, freedom of the press, trial by jury & to economical government; opposed to standing armies, paper systems, war, & all connection, other than commerce, with any foreign nation; in short, a majority firm in all those principles which we have espoused and the federalists have opposed uniformly;..."

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Thomas Jefferson to James Monroe, August 9, 1788

"...I hope the states will annex to it a bill or rights securing those which are essential against the federal government; particularly trial by jury, habeas corpus, freedom of religion, freedom of the press, freedom against monopolies, & no standing armies. I see so general a demand of this that I trust it will be done..."

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Thomas Jefferson to Noah Webster, Jr., December 4, 1790

"...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 shown 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..."

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Thomas Jefferson, November 16, 1798, Kentucky Resolution

"...III. 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 to the people:..."

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Thomas Jefferson, March 4, 1801, Draft of First Inaugural

"...Freedom of Religion, freedom of the press, & freedom of Person under the protection of the Hab. corpus: And trial by juries, impartially selected..."

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Thomas Jefferson to Elbridge Gerry, January 26, 1799

"...I am for freedom of religion, & against all maneuvres to bring about a legal ascendancy of one sect over another: for freedom of the press, & against all violations of the constitution to silence By force & not by reason the complaints or criticisms, just or unjust, of our citizens against the conduct of their agents..."

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Thomas Jefferson to George Washington, September 9, 1792

"...You will there see that my objection to the constitution was that it wanted a bill of rights securing freedom of religion, freedom of the press, freedom from standing armies, trial by jury, & a constant Habeas corpus act..."

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Thomas Jefferson, July 27, 1821, Autobiography Draft Fragment, January 6 through July 27

"...The absence of express declarations ensuring freedom of religion, freedom of the press, freedom of the person under the uninterrupted protection of the Habeas corpus, & trial by jury in civil as well as in criminal cases excited my jealousy; and the re-eligibility of the President for life, I quite disapproved..."

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