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
But it will be said, it is easier to find faults than to amend them. I
do not think their amendment so difficult as is pretended. Only lay down
true principles, and adhere to them inflexibly. Do not be frightened
into their surrender by the alarms of the timid, or the croakings of
wealth against the ascendancy of the people. If experience be called
for, appeal to that of our fifteen or twenty governments for forty
years, and show me where the people have done half the mischief in these
forty years, that a single despot would have done in a single year;
or show half the riots and rebellions, the crimes and the punishments,
which have taken place in any single nation, under Kingly government,
during the same period. The true foundation of republican government
is the equal right of every citizen, in his person and property, and
in their management. Try by this, as a tally, every provision of our
constitution, and see if it hangs directly on the will of the people.
Reduce your legislature to a convenient number for full, but orderly
discussion. Let every man who fights or pays, exercise his just and
equal right in their election. Submit them to approbation or rejection
at short intervals. Let the executive be chosen in the same way, and for
the same term, by those whose agent he is to be; and leave no screen of
a council behind which to skulk from responsibility. It has been thought
that the people are not competent electors of judges learned in the law.
But I do not know that this is true, and if doubtful, we should follow
principle. In this, as in many other elections, they would be guided by
reputation, which would not err oftener, perhaps, than the present mode
of appointment. In one State of the Union, at least, it has been long
tried, and with the most satisfactory success. The judges of Connecticut
have been chosen by the people every six months, for nearly two
centuries, and I believe there has hardly ever been an instance
of change; so powerful is the curb of incessant responsibility. If
prejudice, however, derived from a monarchical institution, is still
to prevail against the vital elective principle of our own, and if the
existing example among ourselves of periodical election of judges by
the people be still mistrusted, let us at least not adopt the evil, and
reject the good, of the English precedent; let us retain a movability
on the concurrence of the executive and legislative branches, and
nomination by the executive alone. Nomination to office is an executive
function. To give it to the legislature, as we do, is a violation of
the principle of the separation of powers. It swerves the members from
correctness, by temptations to intrigue for office themselves, and to
a corrupt barter of votes; and destroys responsibility by dividing it
among a multitude. By leaving nomination in its proper place, among
executive functions, the principle of the distribution of power is
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