FROM: THOMAS JEFFERSON
TO:  ALBERT GALLATIN.

Monticello, June 16, 1817.

Dear Sir,

The importance that the enclosed letters should safely reach their destination, impels
me to avail myself of the protection of your cover.  This is an inconvenience to which
your situation exposes you, while it adds to the opportunities of exercising yourself in
works of charity.

According to the opinion I hazarded to you a little before your departure, we have had
almost an entire change in the body of Congress.  The unpopularity of the
compensation law was completed, by the manner of repealing it as to all the world
except themselves. In some States, it is said, every member is changed; in all, many.
What opposition there was to the original law, was chiefly from southern members.
Yet many of those have been left out, because they received the advanced wages. I
have never known so unanimous a sentiment of disapprobation; and what is
remarkable, is, that it was spontaneous. The newspapers were almost entirely silent,
and the people not only unled by their leaders, but in opposition to them. I confess I
was highly pleased with this proof of the innate good sense, the vigilance, and the
determination of the people to act for themselves.

Among the laws of the late Congress, some were of note: a navigation act,
particularly, applicable to those nations only who have navigation acts; pinching one
of them especially, not only in the general way, but in the intercourse with her foreign
possessions. This part may re-act on us, and it remains for trial which may bear
longest. A law respecting our conduct as a neutral between Spain and her contending
colonies, was passed by a majority of one only, I believe, and against the very
general sentiment of our country. It is thought to strain our complaisance to Spain
beyond her right or merit, and almost against the right of the other party, and
certainly against the claims they have to our good wishes and neighborly relations.
That we should wish to see the people of other countries free, is as natural, and at
least as justifiable, as that one King should wish to see the Kings of other countries
maintained in their despotism. Right to both parties, innocent favor to the juster
cause, is our proper sentiment.

You will have learned that an act for internal improvement, after passing both houses,
was negatived by the President. The act was founded, avowedly, on the principle that
the phrase in the constitution, which authorizes Congress 'to lay taxes, to pay the
debts and provide for the general welfare,' was an extension of the powers
specifically enumerated to whatever would promote the general welfare; and this, you
know, was the federal doctrine. Whereas, our tenet ever was, and, indeed, it is almost
the only land-mark which now divides the federalists* from the republicans, that
Congress had not unlimited powers to provide for the general welfare, but were
restrained to those specifically enumerated; and that, as it was never meant they
should provide for that welfare but by the exercise of the enumerated powers, so it
could not have been meant they should raise money for purposes which the
enumeration did not place under their action: consequently, that the specification of
powers is a limitation of the purposes for which they may raise money.

I think the passage and rejection of this bill a fortunate incident. Every State will
certainly concede the power; and this will be a national confirmation of the grounds of
appeal to them, and will settle for ever the meaning of this phrase, which, by a mere
grammatical quibble, has countenanced the General Government in a claim of
universal power. For in the phrase, 'to lay taxes, to pay the debts and provide for the
general welfare,' it is a mere question of syntax, whether the two last infinitives are
governed by the first, or are distinct and co-ordinate powers; a question
unequivocally decided by the exact definition of powers immediately following. It is
fortunate for another reason, as the States, in conceding the power, will modify it,
either by requiring the federal ratio of expense in each State, or otherwise, so as to
secure us against its partial exercise.

Without this caution, intrigue, negotiation, and the barter of votes might become as
habitual in Congress, as they are in those legislatures which have the appointment of
officers, and which, with us, is called 'logging,' the term of the farmers for their
exchanges of aid in rolling together the logs of their newly cleared grounds.

Three of our papers have presented us the copy of an act of the legislature of New
York, which, if it has really passed, will carry us back to the times of the darkest
bigotry and barbarism to find a parallel. Its purport is, that all those who shall
hereafter join in communion with the religious sect of Shaking Quakers, shall be
deemed civilly dead, their marriages dissolved, and all their children and property
taken out of their hands.

This act being published nakedly in the papers, without the usual signatures, or any
history of the circumstances of its passage, I am not without a hope it may have been
a mere abortive attempt. It contrasts singularly with a cotemporary vote of the
Pennsylvania legislature, who, on a proposition to make the belief in a God a
necessary qualification for office, rejected it by a great majority, although assuredly
there was not a single atheist in their body. And you remember to have heard, that,
when the act for religious freedom was before the Virginia Assembly, a motion to
insert the name of Jesus Christ before the phrase, 'the author of our holy religion,'
which stood in the bill, was rejected, although that was the creed of a great majority of
them.

I have been charmed to see that a Presidential election now produces scarcely any
agitation. On Mr. Madison's election there was little, on Monroe's all but none. In Mr.
Adams's time and mine, parties were so nearly balanced as to make the struggle
fearful for our peace. But since the decided ascendancy of the republican body,
federalism has looked on with silent but unresisting anguish. In the middle, southern,
and western States, it is as low as it ever can be; for nature has made some men
monarchists and tories by their constitution, and some, of course, there always will be.

*****

We have had a remarkably cold winter. At Hallowell, in Maine, the mercury was at
thirty-four degrees below zero, of Fahrenheit, which is sixteen degrees lower than it
was in Paris in 1788-9. Here it was at six degrees above zero, which is our greatest
degree of cold.

Present me respectfully to Mrs. Gallatin, and be assured of my constant and
affectionate friendship.

Th: Jefferson.

NOTE:  The words, “Federalist and federalism” mentioned in Jefferson’s letter refers
to the Political Party founded by Alexander Hamilton and John Adams.  Its ideological
counterpart today is the Democrat Party.  Its central theme was that of unlimited
power for the federal government based on the general phrase “provide for the
general welfare” found in Article I, Section 8 of the Constitution.
Selected Papers of Thomas Jefferson
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Philosophy of
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