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permitted by their constitution； whatever was not so practised； was
not permitted。 And although this constitution was violated and set
at naught by Norman force； yet force cannot change right。 A
perpetual claim was kept up by the nation； by their perpetual demand
of a restoration of their Saxon laws； which shews they were never
relinquished by the will of the nation。 In the pullings and haulings
for these antient rights； between the nation； and its kings of the
races of Plantagenets； Tudors and Stuarts； there was sometimes gain；
and sometimes loss； until the final re…conquest of their rights from
the Stuarts。 The destitution and expulsion of this race broke the
thread of pretended inheritance； extinguished all regal usurpations；
and the nation re…entered into all its rights； and although in their
bill of rights they specifically reclaimed some only； yet the
omission of the others was no renunciation of the right to assume
their exercise also； whenever occasion should occur。 The new King
received no rights or powers； but those expressly granted to him。 It
has ever appeared to me； that the difference between the whig and the
tory of England is； that the whig deduces his rights from the
Anglo…Saxon source； and the tory from the Norman。 And Hume； the
great apostle of toryism； says； in so many words； note AA to chapter
42； that； in the reign of the Stuarts； ‘it was the people who
encroached upon the sovereign； not the sovereign who attempted； as is
pretended； to usurp upon the people。' This supposes the Norman
usurpations to be rights in his successors。 And again； C； 159； ‘the
commons established a principle； which is noble in itself； and seems
specious； but is belied by all history and experience； _that the
people are the origin of all just power_。' And where else will this
degenerate son of science； this traitor to his fellow men； find the
origin of just powers； if not in the majority of the society？ Will
it be in the minority？ Or in an individual of that minority？
Our Revolution commenced on more favorable ground。 It
presented us an album on which we were free to write what we pleased。
We had no occasion to search into musty records； to hunt up royal
parchments； or to investigate the laws and institutions of a
semi…barbarous ancestry。 We appealed to those of nature； and found
them engraved on our hearts。 Yet we did not avail ourselves of all
the advantages of our position。 We had never been permitted to
exercise self…government。 When forced to assume it； we were novices
in its science。 Its principles and forms had entered little into our
former education。 We established however some； although not all its
important principles。 The constitutions of most of our States
assert； that all power is inherent in the people； that they may
exercise it by themselves； in all cases to which they think
themselves competent； （as in electing their functionaries executive
and legislative； and deciding by a jury of themselves； in all
judiciary cases in which any fact is involved；） or they may act by
representatives； freely and equally chosen； that it is their right
and duty to be at all times armed； that they are entitled to freedom
of person； freedom of religion； freedom of property； and freedom of
the press。 In the structure of our legislatures； we think experience
has proved the benefit of subjecting questions to two separate bodies
of deliberants； but in constituting these； natural right has been
mistaken； some making one of these bodies； and some both； the
representatives of property instead of persons； whereas the double
deliberation might be as well obtained without any violation of true
principle； either by requiring a greater age in one of the bodies； or
by electing a proper number of representatives of persons； dividing
them by lots into two chambers； and renewing the division at frequent
intervals； in order to break up all cabals。 Virginia； of which I am
myself a native and resident； was not only the first of the States；
but； I believe I may say； the first of the nations of the earth；
which assembled its wise men peaceably together to form a fundamental
constitution； to commit it to writing； and place it among their
archives； where every one should be free to appeal to its text。 But
this act was very imperfect。 The other States； as they proceeded
successively to the same work； made successive improvements； and
several of them； still further corrected by experience； have； by
conventions； still further amended their first forms。 My own State
has gone on so far with its _premiere ebauche_； but it is now
proposing to call a convention for amendment。 Among other
improvements； I hope they will adopt the subdivision of our counties
into wards。 The former may be estimated at an average of twenty…four
miles square； the latter should be about six miles square each； and
would answer to the hundreds of your Saxon Alfred。 In each of these
might be； 1。 An elementary school。 2。 A company of militia； with its
officers。 3。 A justice of the peace and constable。 4。 Each ward
should take care of their own poor。 5。 Their own roads。 6。 Their own
police。 7。 Elect within themselves one or more jurors to attend the
courts of justice。 And 8。 Give in at their Folk…house； their votes
for all functionaries reserved to their election。 Each ward would
thus be a small republic within itself； and every man in the State
would thus become an acting member of the common government；
transacting in person a great portion of its rights and duties；
subordinate indeed； yet important； and entirely within his
competence。 The wit of man cannot devise a more solid basis for a
free； durable and well administered republic。
With respect to our State and federal governments； I do not
think their relations correctly understood by foreigners。 They
generally suppose the former subordinate to the latter。 But this is
not the case。 They are co…ordinate departments of one simple and
integral whole。 To the State governments are reserved all
legislation and administration； in affairs which concern their own
citizens only； and to the federal government is given whatever
concerns foreigners； or the citizens of other States； these functions
alone being made federal。 The one is the domestic； the other the
foreign branch of the same government； neither having control over
the other； but within its own department。 There are one or two
exceptions only to this partition of power。 But； you may ask； if the
two departments should claim each the same subject of power； where is
the common umpire to decide ultimately between them？ In cases of
little importance or urgency； the prudence of both parties will keep
them aloof from the questionable ground： but if it can neither be
avoided nor compromised； a convention of the States must be called；
to ascribe the doubtful power to that department which they may think
best。 You will perceive by the