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From Thomas Jefferson to William Branch Giles, 26 December 1825

Summary: In this letter Jefferson argues that ambiguous term "general welfare" has allowed the expansion of the federal government. Constitutional checks and balances have failed. Anything can be justified with "general welfare" and this is dangerous path to tyranny.

26 December 1825

Dear Sir

I wrote you a letter yesterday of which you will be free to make what use you please. this will contain matters not intended for the public eye. I see as you do, and with the deepest affliction, the rapid strides with which the federal branch of our government is advancing towards the usurpation of all the rights reserved to the states, and the consolidation in itself of all powers foreign and domestic; and that too by constructions which, if legitimate, leave no limits to their power. take together the decisions of the federal court, the doctrines of the President, and the misconstructions of the constitutional compact, acted on by the legislature of the federal branch and it is but too evident that the three ruling branches of that department are in combination to strip their Colleagues, the States authorities of the powers reserved by them and to exercise themselves all functions foreign and domestic. under the power to regulate Commerce they assume indefinitely that also over agriculture and manufactures, and call it regulation to take the earnings of one of these branches of industry, and that too the most depressed and put them into the pockets of the other, the most flourishing of all. under the authority to establish post roads, they claim that of cutting down mountains for the construction of roads, of digging canals, and, aided by a little sophistry on the words ‘general welfare’ a right to do, not only the acts to effect that which are specifically enumerated and permitted, but whatsoever they shall think, or pretend will be for the general welfare, and what is our resource for the preservation of the constitution? reason and argument? you might as well reason and argue with the marble columns encircling them. the Representatives chosen by ourselves? they are joined in the combination, some from incorrect views of governmt some from corrupt ones, sufficient, voting together, to out-number the sound parts; and, with majorities of only 1, 2, or 3. bold enough to go forward in defiance. are we then to stand to our arms, with the hot-headed Georgian? No. that must be the last resource, not to be thought of until much longer and greater sufferings. if every infraction of a compact of so many parties is to be resisted at once, as a dissolition of it, none can ever be formed which would last one year. we must have patience and long endurance then with our brethren while under delusion; give them time for reflection and experience of consequences; keep ourselves in a situation to profit by the chapter of accidents, and separate from our companions only when the sole alternatives left are the dissolution of our union with them, or submission to a government without limitation of powers. between these two evils when we must make a choice, there can be no hesitation. but in the mean while the states should be watchful to note every material usurpation on their rights, to denounce them as they occur in the most peremptory terms, to protect against them as wrongs to which our present submission shall be considered, not as acknolegements or precedents of right, but as a temporary yielding to the lesser evil, until their accumulation shall overweigh that of separation. I would go still further, and give to the federal member; by a regular amendment of the constitution, a right to make roads and canals of intercommunication between the states, providing sufficiently against corrupt practices in Congress (log-rolling &c.) by declaring that the federal proportion of each state of the monies so employed shall be in works within the state, or elsewhere with it’s consent, and with a due salvo of jurisdiction. this is the course which I think safest and best as yet. - -

Th: Jefferson

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