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ing place. This gives me motion. Where there is an absence of matter, I call it void, or nothing, or immaterial space. On the basis of sensation, of matter and motion, we may erect the fabric of all the certainties we can have or need. I can conceive thought to be an action of a particular organization of matter, formed for, that purpose by its creator, as well as that attraction is an action of matter, or magnetism of loadstone. When he who denies to the Creator the power of endowing matter with the mode of action called thinking, shall show how he could endow the sun with the mode of action called attraction, which reins the planets in the track of their orbits, or how an absence of matter can have a will, and by that will put matter into motion, then the Materialist may be lawfully required to explain the process by which matter exercises the faculty of thinking. When once we quit the basis of sensation, all is in the wind. To talk of immaterial existences, is to talk of nothings. To say that the human soul, angels, God, are immaterial, is to say, they are nothings, or that there is no God, no angels, no soul. I cannot reason otherwise : but I believe I am supported in my creed of materialism by the Lockes, the Tracys, and the Stewarts. At what age* of the Christian church this heresy of immaterialism, or masked atheism, crept in, I do not exactly know. But a heresy it certainly is. Jesus taught nothing of it. He told us, indeed, that “God is a spirit,” but he has not defined what a spirit is, nor said that it is not matter. And the ancient fathers generally, of the three first centuries, held it to be matter, light and thin indeed, an etherial gas; but still matter. Origen says, “Deus se ipse corporalis est ; sed graviorum tantum corporum ratione, incorporeus.” Tertullian, “quid enim deus nisi corpus ?” And again, " quis negabit deum esse corpus ? Etsi deus spiritus, spiritus etiam corpus est, sui generis in sua effigie.” St. Justin Martyr, ",0 θειον φαμεν ειναι αζωμαιον εκ οτι αζωματον'--επειδη δε τομη κρατεισθαι υπο τινος τ8 κρατεις θαι τιμιωτερον εςι δια τατο καλομεν αυτον αζωμαιον.” And St. Macarius, speaking of angels, says, “quamvis enim subtilia sint, tamen in substantia, forma et figurâ, secundum tenuitatem naturæ eorum, corpora sunt tenuia.”

* That of Athanasius and the Council of Nicæa, anno. 324.

And St. Austin, St. Basil, Lactantius, Tatian, Athenagoras and others, with whose writings I pretend not a familiarity, are said by those who are better acquainted with them, to deliver the same doctrine. (Enfield x. 3, 1.) Turn to your Ocellus d'Argens, 97, 105, and to his Timæus 17, for these quotations. In England, these immaterialists might have been burnt until the 29 Car. 2, when the writ de hæretico comburendo was abolished ; and here until the Revolution, that statute not having extended to us. All heresies being now done away with us, these schismatists are merely atheists, differing from the material atheist only in their belief, that " nothing made something," and from the material deist, who believes that matter alone can operate on matter.

Rejecting all organs of information, therefore, but my senses, I rid myself of the pyrrhonisms with which an indulgence in speculations hyperphysical and antiphysical, so uselessly occupy and disquiet the mind. A single sense may indeed be sometimes deceived, but rarely; and never all our senses together, with their faculty of reasoning. They evidence realities, and there are enough of these for all the purposes of life, without plunging into the fathomless abyss of dreams and phantasms. I am satisfied, and sufficiently occupied with the things which are, without tormenting or troubling myself about those which may indeed be, but of which I have no evidence. I am sure that I really know many, many things, and none more surely than that I love you with all my heart, and pray for the continuance of your life until you shall be tired of it yourself.


MONTICELLO, September 28, 1820. I thank you, Sir, for the copy of your Republican which you have been so kind as to send me, and I should have acknowledged it sooner but that I am just returned home after a long absence. I have not yet had time to read it seriously, but in

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looking over it cursorily I see much in it to approve, and shall be glad if it shall lead our youth to the practice of thinking on such subjects and for themselves. That it will have this tendency may be expected, and for that reason I feel an urgency to note what I deem an error in it, the more requiring notice as your opinion is strengthened by that of many others. You seem, in pages 84 and 148, to consider the judges as the ultimate arbiters of all constitutional questions ; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men, and not more so. They have, with others, the same passions for party, for power, and the privilege of their corps. Their maxim is “boni judicis est ampliare jurisdictionem," and their power the more dangerous as they are in oflice for life, and not responsible, as the other functionaries are, to the elective control. The constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all the departments co-equal and co-sovereign within themselves. If the legislature fails to pass laws for a census, for paying the judges and other officers of government, for establishing a militia, for naturalization as prescribed by the constitution, or if they fail to meet in congress, the judges cannot issue their mandamus to them; if the President fails to supply the place of a judge, to appoint other civil or military officers, to issue requisite commissions, the judges cannot force him. They can issue their mandamus or distringas to no executive or legislative officer to enforce the fulfilment of their official duties, any more than the president or legislature may issue orders to the judges or their officers. Betrayed by English example, and unaware, as it should seem, of the control of our constitution in this particular, they have at times overstepped their limit by undertaking to command executive officers in the discharge of their executive duties; but the constitution, in keeping three departments distinct and independent, restrains the authority of the judges to judiciary organs, as it does the executive and legislative to executive and legislative organs. The judges certainly have more frequent occasion to act on constitutional questions, because the laws of meum and tuum and of criminal action, forming the great mass of the system of law, constitute their particular department. When the legislative or executive functionaries act unconstitutionally, they are responsible to the people in their elective capacity. The exemption of the judges from that is quite dangerous enough. I know no safe depository of the ultimate powers of the society but the people themselves; and if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion by education. This is the true corrective of abuses of constitutional power. Pardon me, Sir, for this difference of opinion. My personal interest in such questions is entirely extinct, but not my wishes for the longest possible continuance of our government on its pure principles ; if the three powers mainain their mutual independence on each other it may last long, but not so if either can assume the authorities of the other. I ask your candid re-consideration of this subject, and am sufficiently sure you will form a candid conclusion. Accept the assurance of my great respect.


MONTICELLO, September 30, 1820. DEAR SIR,-An absence of some time from home has occasioned me to be thus late in acknowledging the receipt of your favor of the 6th, and I see in it with pleasure evidences of your continued health and application to business. It is now, I believe, about twenty years since I had the pleasure of seeing you, and We are apt, in such cases, to lose sight of time, and to conceive that our friends remain stationary at the same point of health and vigor as when we last saw them. So I perceive by your letter you think with respect to myself, but twenty years added to fifty-seven make quite a different man. To threescore and seventeen add two years of prostrate health, and you have the old, infirm, and nerveless body I now am, unable to write but with pain, and unwilling to think without necessity. In this state I leave the world and its affairs to the young and energetic, and resign myself to their care, of whom I have endeavored to take care when young. I read but one newspaper and that of my own State, and more for its advertisements than its news. I have not read a speech in Congress for some years. I have heard, indeed, of the questions of the tariff and Missouri, and formed primî facie opinions on them, but without investigation. As to the tariff, I should say 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. The Missouri question is a mere party trick. The leaders of federalism, defeated in their schemes of obtaining power by rallying partisans to the principle of monarchism, a principle of personal not of local division, have changed their tack, and thrown out another barrel to the whale. They are taking advantage of the virtuous feelings of the people to effect a division of parties by a geographical line ; they expect that this will ensure them, on local principles, the majority they could never obtain on principles of federalism ; but they are still putting their shoulder to the wrong wheel ; they are wasting Jeremiads on the miseries of slavery, as if we were advocates for it. Sincerity in their declamations should direct their efforts to the true point of difficulty, and unite their counsels with ours in devising some reasonable and practicable plan of getting rid of it. Some of these leaders, if they could attain the power, their ambition would rather use it to keep the Union together, but others have ever had in view its separation. If they push it to that, they will find the line of separation very different from their 36° of latitude, and as manufacturing and navigating States, they will have quarrelled with

eir bread and butter, and I fear not that after a little trial they will think better of it, and return to the embraces of their nat

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