The Correspondence of Thomas Jefferson
By Subject
CONSTITUTION / UNITED STATES / BILL OF RIGHTS
I must now say a word on the declaration of rights, you have been so
good as to send me. I like it, as far as it goes; but I should have
been for going further. For instance, the following alterations and
additions would have pleased me: Article 4. "The people shall not
be deprived of their right to speak, to write, or otherwise to publish
anything but false facts affecting injuriously the life, liberty,
property or reputation of others, or affecting the peace of the
confederacy with foreign nations. Article 7. All facts put in issue
before any judicature, shall be tried by jury, except, I, in cases of
admiralty jurisdiction, wherein a foreigner shall be interested; 2, in
cases cognizable before a court martial, concerning only the regular
officers and soldiers of the United States, or members of the militia
in actual service in time of war or insurrection; and 3, in
impeachments allowed by the constitution. Article 8. No person shall
be held in confinement more than -- days after he shall have demanded
and been refused a writ of habeas corpus by the judge appointed by
law, nor more than -- days after such a writ shall have been served on
the person holding him in confinement, and no order given en due
examination for his remandment or discharge, nor more than -- hours in
any place at a greater distance than - miles from the usual residence
of some judge authorized to issue the writ of habeas corpus; nor shall
that writ be suspended for any term exceeding one year, nor in any
place more than -- miles distant from the State or encampment of
enemies or of insurgents. Article 9. Monopolies may be allowed to
persons for their own productions in literature, and their own
inventions in the arts, for a term not exceeding -- years, but for no
longer term, and no other purpose. Article 10. All troops of the
United States shall stand ipso facto disbanded, at the expiration of
the term for which their pay and subsistence shall have been last
voted by Congress, and all officers and soldiers, not natives of the
United States, shall be incapable of serving in their armies by land,
except during a foreign war." These restrictions I think are so
guarded, as to hinder evil only. However, if we do not have them now,
I have so much confidence in my countrymen, as to be satisfied that we
shall have them as soon as the degeneracy of our government shall
render them necessary.
to James Madison, 28 August 1789
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