on the whole, you are a friend to this amendment.
The declaration of rights is, like all other human blessings, alloyed
with some inconveniences, and not accomplishing fully its object. But
the good, in this instance, vastly overweighs the evil. I cannot refrain
from making short answers to the objections which your letter states to
have been raised. 1. That the rights in question are reserved, by the
manner in which the federal powers are granted. Answer. A constitutive
act, may, certainly, be so formed, as to need no declaration of rights.
The act itself has the force of a declaration, as far as it goes; and if
it goes to all material points, nothing more is wanting. In the draught
of a constitution which I had once a thought of proposing in Virginia,
and printed afterwards, I endeavored to reach all the great objects
of public liberty, and did not mean to add a declaration of rights.
Probably the object was imperfectly executed; but the deficiencies would
have been supplied by others, in the course of discussion. But in a
constitutive act which leaves some precious articles unnoticed, and
raises implications against others, a declaration of rights becomes
necessary, by way of supplement. This is the case of our new federal
constitution. This instrument forms us into one State, as to certain
objects, and gives us a legislative and executive body for these
objects. It should, therefore, guard us against their abuses of power,
within the field submitted to them. 2. A positive declaration of some
essential rights could not be obtained in the requisite latitude.
Answer. Half a loaf is better than no bread. If we cannot secure all our
rights, let us secure what we can. 3. The limited powers of the federal
government, and jealousy of the subordinate governments, afford a
security which exists in no other instance. Answer. The first member
of this seems resolvable into the first objection before stated. The
jealousy of the subordinate governments is a precious reliance.
But observe that those governments are only agents. They must have
principles furnished them, whereon to found their opposition. The
declaration of rights will be the text, whereby they will try all the
acts of the federal government. In this view, it is necessary to
the federal government also; as by the same text, they may try the
opposition of the subordinate governments. 4. Experience proves the
inefficacy of a bill of rights. True. But though it is not ab