820. BILL OF RIGHTS, An Insufficient.—
I like the declaration of rights 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 IV. The people shall not be deprived
or abridged of their right to speak, to write,
or otherwise to publish anything but false
facts affecting injuriously the life, liberty, or
reputation of others, or affecting the peace
of the Confederacy with foreign nations.
Article VII. All facts put in issue before any
judicature shall be tried by jury except, 1,
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 VIII. 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 on due examination for his remandment
or discharge, nor more than—hours in any
place of 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 station or
encampment of enemies, or of insurgents.
Article IX. 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 for no other purpose.
Article X. 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. Washington ed. iii, 100.
Ford ed., v, 112.
(P.
Aug. 1789)
