Thomas Jefferson on Justice

"Christianity neither is, nor ever was, a part of the common law [this quote is referring to English Common Law]."

"Whensoever hostile aggressions...require a resort to war, we must meet our duty and convince the world that we are just friends and brave enemies."

"What all agree upon is probably right; what no two agree in most probably is wrong."

"The majority, oppressing an individual, is guilty of a crime, abuses its strength, and by acting on the law of the strongest breaks up the foundations of society."

"A free people their rights, as derived from the laws of nature, and not as the gift of their chief magistrate."

"We have the wolf by the ears, and we can neither hold him nor safely let him go. Justice is in one scale, self-preservation in the other."

"That one hundred and fifty lawyers should do business together ought not to be expected."

"The two principles on which our conduct towards the Indians should be founded, are justice and fear. After the injuries we have done them, they cannot love us...."

"The States should be urged to concede to the General Government, with a saving of chartered rights, the exclusive power of establishing banks of discount for paper."

"I have the consolation to reflect that during the period of my administration not a drop of the blood of a single fellow citizen was shed by the sword of war or of the law."

"I hope we shall... crush in it’s birth the aristocracy of our monied corporations which dare already to challenge our government to a trial of strength and bid defiance to the laws of our country"

"Whenever the people are well informed, they can be trusted with their own government; that whenever things get so far wrong as to attract their notice, they may be relied on to set them to rights."

"Congress itself can punish Alexandria, by repealing the law which made it a town, by discontinuing it as a port of entry or clearance, and perhaps by suppressing it’s banks. But I expect all will go off with impunity. If our government ever fails, it will be from this weakness. No government can be maintained without the principle of fear as well as of duty. Good men will obey the last, but bad ones the former only."

"Louisiana, as ceded by France to the United States, is made a part of the United States; its white inhabitants shall be citizens, and stand, as to their rights and obligations, on the same footing with other citizens of the United States, in analogous situations."

"I sincerely rejoice at the acceptance of our new Constitution by nine States. It is a good canvas, on which some strokes only want retouching. What these are, I think are sufficiently manifested by the general voice from north to south, which calls for a bill of rights."

"Certainly no nation ever before abandoned to the avarice and jugglings of private individuals to regulate according to their own interests, the quantum of circulating medium for the nation — to inflate, by deluges of paper, the nominal prices of property, and then to buy up that property at 1s. in the pound, having first withdrawn the floating medium which might endanger a competition in purchase. Yet this is what has been done, and will be done, unless stayed by the protecting hand of the legislature. The evil has been produced by the error of their sanction of this ruinous machinery of banks; and justice, wisdom, duty, all require that they should interpose and arrest it before the schemes of plunder and spoliation desolate the country."

"we have heard as yet only the proceedings of the first day of Burr’s trial, which from the favor of the Marshal and judge promises him all which can depend on them. A grand jury of two federalists, four Quids and ten republicans does not seem to be a fair representation of the state of Virginia. But all this will shew the original error of establishing a judiciary independant of the nation, and which, from the citadel of the law can turn it’s guns on those they were meant to defend, and controul and fashion their proceedings to it’s own will. I have always entertained a high opinion of the Marshal’s integrity and political correctness. But, in a state where there are not more than eight Quids, how five of them should have been summoned on one jury is difficult to explain from accident."

"I congratulate you, my dear friend, on the law of your state for suspending the importation of slaves, and for the glory you have justly acquired by endeavoring to prevent it forever. This abomination must have an end, and there is a superior bench reserved in heaven for those who hasten it."

"Put down all banks, admit none but a metallic circulation that will take its proper level with the like circulation in other countries, and then our manufacturers may work in fair competition with those of other countries, and the import duties which the government may lay for the purposes of revenue will so far place them above equal competition."

"When the representative body have lost the confidence of their constituents, when they have notoriously made sale of their most valuable rights, when they have assumed to themselves powers which the people never put into their hands, then indeed their continuing in office becomes dangerous to the state, and calls for an exercise of the power of dissolution."

"Of liberty I would say that, in the whole plenitude of its extent, it is unobstructed action according to our will. But rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add "within the limits of the law" because law is often but the tyrant's will, and always so when it violates the rights of the individual."

"I am conscious that an equal division of property is impracticable. But the consequences of this enormous inequality producing so much misery to the bulk of mankind, legislators cannot invent too many devices for subdividing property.. means of silently lessening the inequality of property is to exempt all from taxation below a certain point, and to tax the higher portions of property in geometrical progression as they rise."

"A man has a right to use a saw, an axe, a plane, separately; may he not combine their uses on the same piece of wood? He has a right to use his knife to cut his meat, a fork to hold it; may a patentee take from him the right to combine their use on the same subject? Such a law, instead of enlarging our conveniences, as was intended, would most fearfully abridge them, and crowd us by monopolies out of the use of the things we have."

"England was, until we copied her, the only country on earth which ever, by a general law, gave a legal right to the exclusive use of an idea. In some other countries it is sometimes done, in a great case, and by a special and personal act, but, generally speaking, other nations have thought that these monopolies produce more embarrassment than advantage to society; and it may be observed that the nations which refuse monopolies of invention, are as fruitful as England in new and useful devices."

"For the most trifling reasons, and sometimes for no conceivable reason at all, his majesty has rejected laws of the most salutary tendency. The abolition of domestic slavery is the great object of desire in those colonies where it was unhappily introduced in their infant state. But previous to the infranchisement of the slaves we have, it is necessary to exclude all further importations from Africa. Yet our repeated attempts to effect this by prohibitions, and by imposing duties which might amount to a prohibition, have been hitherto defeated by his majesty’s negative: thus preferring the immediate advantages of a few British corsairs to the lasting interests of the American states, and to the rights of human nature deeply wounded by this infamous practice."

"You seem to think it devolved on the judges to decide on the validity of the sedition law. but nothing in the constitution has given them a right to decide for the executive, more than to the Executive to decide for them. Both magistracies are equally independant in the sphere of action assigned to them. The judges, believing the law constitutional, had a right to pass a sentence of fine and imprisonment; because that power was placed in their hands by the constitution. But the Executive, believing the law to be unconstitutional, was bound to remit the execution of it; because that power has been confided to him by the constitution That instrument meant that its coordinate branches should be checks on each other. But the opinion which gives to the judges the right to decide what laws are constitutional and what not, not only for themselves in their own sphere of action but for the Legislature and Executive also in their spheres, would make the Judiciary a despotic branch."

"Northward of the Chesapeak you may find here and there an opponent to your doctrine as you may find here and there a robber and a murderer, but in no greater number. In that part of America, there being but few slaves, they can easily disencumber themselves of them, and emancipation is put into such a train that in a few years there will be no slaves Northward of Maryland. In Maryland I do not find such a disposition to begin the redress of this enormity as in Virginia. This is the next state to which we may turn our eyes for the interesting spectacle of justice in conflict with avarice and oppression: a conflict wherein the sacred side is gaining daily recruits from the influx into office of young men grown and growing up. These have sucked in the principles of liberty as it were with their mother’s milk, and it is to them I look with anxiety to turn the fate of this question."

"The dead? But the dead have no rights. They are nothing; and nothing cannot own something. Where there is no substance, there can be no accident. This corporeal globe, and everything upon it, belong to its present corporeal inhabitants, during their generation. They alone have a right to direct what is the concern of themselves alone, and to declare the law of that direction; and this declaration can only be made by their majority. That majority, then, has a right to depute representatives to a convention, and to make the constitution what they think will be the best for themselves."

"Our legislators are not sufficiently apprized of the rightful limits of their power; that their true office is to declare and enforce only our natural rights and duties, and to take none of them from us. No man has a natural right to commit aggression on the equal rights of another; and this is all from which the laws ought to restrain him; every man is under the natural duty of contributing to the necessities of the society; and this is all the laws should enforce on him; and, no man having a natural right to be the judge between himself and another, it is his natural duty to submit to the umpirage of an impartial third. When the laws have declared and enforced all this, they have fulfilled their functions, and the idea is quite unfounded, that on entering into society we give up any natural right."

"Your sect by its sufferings has furnished a remarkable proof of the universal spirit of religious intolerance inherent in every sect, disclaimed by all while feeble, and practiced by all when in power. Our laws have applied the only antidote to this vice, protecting our religious, as they do our civil rights, by putting all on an equal footing. But more remains to be done, for although we are free by the law, we are not so in practice. Public opinion erects itself into an inquisition, and exercises its office with as much fanaticism as fans the flames of an Auto-da-fé. The prejudice still scowling on your section of our religion altho' the elder one, cannot be unfelt by ourselves. It is to be hoped that individual dispositions will at length mould themselves to the model of the law, and consider the moral basis, on which all our religions rest, as the rallying point which unites them in a common interest; while the peculiar dogmas branching from it are the exclusive concern of the respective sects embracing them, and no rightful subject of notice to any other. Public opinion needs reformation on that point, which would have the further happy effect of doing away the hypocritical maxim of "intus et lubet, foris ut moris". Nothing, I think, would be so likely to effect this, as to your sect particularly, as the more careful attention to education, which you recommend, and which, placing its members on the equal and commanding benches of science, will exhibit them as equal objects of respect and favor."