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cited。
1。 It was between a citizen and his own State； and under a law
of his State。 It was a domestic case； therefore； and not a foreign
one。
2。 Can it be believed； that under the jealousies prevailing
against the General Government； at the adoption of the constitution；
the States meant to surrender the authority of preserving order； of
enforcing moral duties and restraining vice； within their own
territory？ And this is the present case； that of Cohen being under
the ancient and general law of gaming。 Can any good be effected by
taking from the States the moral rule of their citizens； and
subordinating it to the general authority； or to one of their
corporations； which may justify forcing the meaning of words； hunting
after possible constructions； and hanging inference on inference；
from heaven to earth； like Jacob's ladder？ Such an intention was
impossible； and such a licentiousness of construction and inference；
if exercised by both governments； as may be done with equal right；
would equally authorize both to claim all power； general and
particular； and break up the foundations of the Union。 Laws are made
for men of ordinary understanding； and should； therefore； be
construed by the ordinary rules of common sense。 Their meaning is
not to be sought for in metaphysical subtleties； which may make
anything mean everything or nothing； at pleasure。 It should be left
to the sophisms of advocates； whose trade it is； to prove that a
defendant is a plaintiff； though dragged into court； _torto collo_；
like Bonaparte's volunteers； into the field in chains； or that a
power has been given； because it ought to have been given； _et alia
talia_。 The States supposed that by their tenth amendment； they had
secured themselves against constructive powers。 They were not
lessoned yet by Cohen's case； nor aware of the slipperiness of the
eels of the law。 I ask for no straining of words against the General
Government； nor yet against the States。 I believe the States can
best govern our home concerns； and the General Government our foreign
ones。 I wish； therefore； to see maintained that wholesome
distribution of powers established by the constitution for the
limitation of both； and never to see all offices transferred to
Washington； where； further withdrawn from the eyes of the people；
they may more secretly be bought and sold as at market。
But the Chief Justice says； 〃there must be an ultimate arbiter
somewhere。〃 True； there must； but does that prove it is either party？
The ultimate arbiter is the people of the Union； assembled by their
deputies in convention； at the call of Congress； or of two…thirds of
the States。 Let them decide to which they mean to give an authority
claimed by two of their organs。 And it has been the peculiar wisdom
and felicity of our constitution； to have provided this peaceable
appeal； where that of other nations is at once to force。
I rejoice in the example you set of _seriatim_ opinions。 I
have heard it often noticed； and always with high approbation。 Some
of your brethren will be encouraged to follow it occasionally； and in
time； it may be felt by all as a duty； and the sound practice of the
primitive court be again restored。 Why should not every judge be
asked his opinion； and give it from the bench； if only by yea or nay？
Besides ascertaining the fact of his opinion； which the public have a
right to know； in order to judge whether it is impeachable or not； it
would show whether the opinions were unanimous or not； and thus
settle more exactly the weight of their authority。
The close of my second sheet warns me that it is time now to
relieve you from this letter of unmerciful length。 Indeed； I wonder
how I have accomplished it； with two crippled wrists； the one
scarcely able to move my pen； the other to hold my paper。 But I am
hurried sometimes beyond the sense of pain； when unbosoming myself to
friends who harmonize with me in principle。 You and I may differ
occasionally in details of minor consequence； as no two minds； more
than two faces； are the same in every feature。 But our general
objects are the same； to preserve the republican form and principles
of our constitution and cleave to the salutary distribution of powers
which that has established。 These are the two sheet anchors of our
Union。 If driven from either； we shall be in danger of foundering。
To my prayers for its safety and perpetuity； I add those for the
continuation of your health； happiness； and usefulness to your
country。
〃RIVERS OF BLOOD MUST YET FLOW〃
_To John Adams_
_Monticello； Sep。 4； 1823_
DEAR SIR； Your letter of Aug。 15。 was recieved in due time；
and with the welcome of every thing which comes from you。 With it's
opinions on the difficulties of revolutions； from despotism to
freedom； I very much concur。 The generation which commences a
revolution can rarely compleat it。 Habituated from their infancy to
passive submission of body and mind to their kings and priests； they
are not qualified； when called on； to think and provide for
themselves and their inexperience； their ignorance and bigotry make
them instruments often； in the hands of the Bonapartes and Iturbides
to defeat their own rights and purposes。 This is the present
situation of Europe and Spanish America。 But it is not desperate。
The light which has been shed on mankind by the art of printing has
eminently changed the condition of the world。 As yet that light has
dawned on the midling classes only of the men of Europe。 The kings
and the rabble of equal ignorance； have not yet recieved it's rays；
but it continues to spread。 And； while printing is preserved； it can
no more recede than the sun return on his course。 A first attempt to
recover the right of self…government may fail； so may a 2d。 a 3d。
etc。； but as a younger； and more instructed race comes on； the
sentiment becomes more and more intuitive； and a 4th。 a 5th。 or some
subsequent one of the ever renewed attempts will ultimately succeed。
In France the 1st。 effort was defeated by Robespierre； the 2d。 by
Bonaparte； the 3d。 by Louis XVIII。 and his holy allies； another is
yet to come； and all Europe； Russia excepted； has caught the spirit；
and all will attain representative government； more or less perfect。
This is now well understood to be a necessary check on kings； whom
they will probably think it more prudent to chain and tame； than to
exterminate。 To attain all this however rivers of blood must yet
flow； and years of desolation pass over。 Yet the object is worth
rivers of blood； and years of desolation for what inheritance so
valuable can man leave to his posterity？ The spirit of the Spaniard
and his deadly and eternal hatred to a Frenchman； gives me much
confidence that he will never submit； but finally defeat this
atrocious violation of the laws of god and man