Thomas Jefferson, the Apostle of Americanism

by Gilbert Chinard

The government as it was presently organized was far from perfect—it even had "very capital defects in it." First of all, it was not a truly representative government since, owing to the representation by counties, it happened that fourteen thousand men living in one part of the country gave law to upwards of thirty thousand living in another; in spite of the theoretical separation of powers, all the powers of government, legislature, executive, and judiciary, were vested in the legislative body. "The concentrating these in the same hands is precisely the definition of despotic government." Assuming that the present legislators of Virginia were perfectly honest and disinterested, it would not be very long before a change might come, for "mankind soon learn to make interested uses of every right and power which they possess, or may assume."

"With money we will get men," said Caesar, "and with men we will get money." ... They should look forward to a time, and that not a distant one, when a corruption in this, as in the country from which we derive our origin, will have seized the heads of the government, and be spread by them through the body of the people; when they will purchase the voices of the people, and make them pay the price. Human nature is the same in every side of the Atlantic and will be alike influenced by the same causes. The time to guard against corruptions and tyranny, is before they shall have gotten hold of us.

Before proceeding any further, it may be well to pause, in order to analyze more carefully these statements of Jefferson's. It will soon appear that they do not form a perfectly logical construction and are not part of an a priori system. He had proclaimed his faith in the ultimate recognition of truth, but he did not believe that unaided truth should necessarily prevail, for human nature being very imperfect, very narrow and very selfish, the best institutions have a permanent tendency to degenerate. Jefferson had already clearly in mind the famous maxim "eternal vigilance is the price of liberty." It is this curious combination of unshakable faith in the ultimate triumph of truth and healthy pessimism as to the present possibilities, that distinguishes Jefferson from the "closet politicians" and theoretical philosophers. It is an alliance of the contraries which seems absurd to many Frenchmen, but is often found in English statesmen, and is probably more common in America than in any other nation. In this respect as in many others Jefferson was typically American.

His criticism of the legislature came clearly from two different motives. He attempted first of all to demonstrate to himself that the Assembly that had listened to charges against him was not a truly representative body, not only because the attribution of two delegates to each county, irrespective of the population, was iniquitous, but also because, owing to emergencies, the Assembly had come to decide themselves what number would constitute a quorum. Thus an oligarchy or even a monarchy could finally be substituted for a regular assembly by almost imperceptible transitions. "Omnia mala exempla a bonis orta sunt; sed ubi imperium ad ignaros aut minus bonos pervenit novum illud exemplum ab dignis et idoneis ad indignos et non idoneos fertur."

This is nothing but a re-affirmation of the aristocratic doctrine of the "Literary Bible." Once more, the aristocrat of mind revolts, for "when power is placed in the hands of men who are ignorant or not so good, it may be taken from those who are deserving and truly noble to be transferred to unworthy and ignoble men." This is the constant undercurrent which runs through Jefferson's political theories and unexpectedly reappears at the surface from time to time. A government of the best minds, elected by a populace sufficiently enlightened to select the best minds,—such is at that time Jefferson's ideal of government.

On the other hand his attitude towards dictatorship, as it appears in the "Notes on Virginia", is no less significant for a true estimate of his character. Unless the views expressed there are carefully considered and kept well in mind, we might fall into the common error of attributing to some mysterious influence of the French Revolution and the French philosophers the opinions expressed by Jefferson on presidential tenure, during the debate on the Constitution and his famous quarrel with Hamilton. As a matter of fact, he had expressed the very same views already and even more emphatically on a previous occasion, when George Nicholas had proposed in the Assembly "that a Dictator be appointed in this Commonwealth who should have the power of disposing of the lives and fortunes of the Citizens thereof without being subject to account"; the motion seconded by Patrick Henry "been lost only by a few votes."[86] One may even wonder if the accusation of inefficiency against Jefferson had not been introduced by the same George Nicholas, in order to clear the way for the appointment of a dictator. Hence the impassioned tone of Jefferson's refutation. Deeply stirred and deeply hurt in his amour-propre, Jefferson incorporated in the "Notes on Virginia" the speech he would have made on the occasion had he been an orator.

How must we find our efforts and sacrifices abused and baffled, if we may still, by a single vote, be laid prostrate at the feet of one man. In God's name, from whence have they derived this power?

Is it from any principle in our new constitution expressed or implied? Every lineament of that expressed or implied, is in full opposition to it.... Necessities which dissolve a government, do not convey its authority to an oligarchy or monarchy. They throw back into the hands of the people the powers they had delegated, and leave them as individuals to shift for themselves. A leader may offer, but not impose himself, nor be imposed on them. Much less can their necks be submitted to his sword, their breath be held at his will or caprice.... The very thought alone was treason against the people; was treason against mankind in general; as rivetting forever the chains which bow down their necks, by giving to their oppressors a proof which they would have trumpetted through the universe, of the imbecillity of republican government, in times of pressing danger, to shield them from harm. Those who assume the right of giving away the reins of government in any case, must be sure that the herd, whom they hand on to the rods and hatchet of the dictator, will lay their necks on the block when he shall nod to them. But if our assemblies supposed such a resignation in the people, I hope they mistook their character.... Searching for the foundations of this proposition, I can find none which may pretend a colour of right or reason, but the defect before developed, that there is no barrier between the legislative, executive, and judiciary departments.... Our situation is indeed perilous, and I hope my countrymen will be sensible of it, and will apply, at a proper season, the proper remedy; which is a convention to fix the constitution, to amend its defects, to bind up the several branches of government by certain laws, which, when they transgress, their acts shall become nullities; to render unnecessary an appeal to the people, or in other words a rebellion, on every infraction of their rights, on the peril that their acquiescence shall be construed into an intention to surrender those rights.