Memoir, Correspondence, and Miscellanies, From the Papers of Thomas Jefferson, Volume 4Jefferson, Thomas
History
Memoir, Correspondence, and Miscellanies, From the Papers of Thomas Jefferson, Volume 4
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
In the legislature, the House of Representatives is chosen by less than
half the people, and not at all in proportion to those who do choose.
The Senate are still more disproportionate, and for long terms of
irresponsibility. In the Executive, the Governor is entirely independent
of the choice of the people, and of their control; his Council equally
so, and at best but a fifth wheel to a wagon. In the Judiciary, the
judges of the highest courts are dependent on none but themselves.
In England, where judges were named and removable at the will of an
hereditary executive, from which branch most misrule was feared, and has
flowed, it was a great point gained, by fixing them for life, to make
them independent of that executive. But in a government founded on
the public will, this principle operates in an opposite direction,
and against that will. There, too, they were still removable on a
concurrence of the executive and legislative branches. But we have made
them independent of the nation itself. They are irremovable, but by
their own body, for any depravities of conduct, and even by their own
body for the imbecilities of dotage. The justices of the inferior
courts are self-chosen, are for life, and perpetuate their own body in
succession for ever, so that a faction once possessing themselves of
the bench of a county, can never be broken up, but hold their county in
chains, for ever indissoluble. Yet these justices are the real executive
as well as judiciary, in all our minor and most ordinary concerns. They
tax us at will; fill the office of sheriff, the most important of all
the executive officers of the county; name nearly all our military
leaders, which leaders, once named, are removable but by themselves. The
juries, our judges of all fact, and of law when they choose it, are
not selected by the people, nor amenable to them. They are chosen by an
officer named by the court and executive. Chosen, did I say? Picked up
by the sheriff from the loungings of the court-yard, after every thing
respectable has retired from it. Where then is our republicanism to be
found? Not in our constitution certainly, but merely in the spirit of
our people. That would oblige even a despot to govern us republicanly.
Owing to this spirit, and to nothing in the form of our constitution,
all things have gone well. But this fact, so triumphantly misquoted by
the enemies of reformation, is not the fruit of our constitution, but
has prevailed in spite of it. Our functionaries have done well, because
generally honest men. If any were not so, they feared to show it.
Public-domain text, read in full here on John Shaqi.
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