The Writings of Thomas Jefferson, Vol. 3 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
History
The Writings of Thomas Jefferson, Vol. 3 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
I have the honor to be, with great esteem and respect, Sir, your most
obedient, and most humble servant.
P. S. _July 21._ Mr. Neckar had left Brussels for Frankfort, before the
courier got there. We expect, however, to hear of him in a day or two.
Monsieur le Comte de La Luzerne has resumed the department of the marine
this day. Either this is an office of friendship effected by Monsieur de
Montmorin, (for though they had taken different sides, their friendship
continued,) or he comes in as a stop-gap, till somebody else can be found.
Though very unequal to his office, all agree that he is an honest man.
The Count d'Artois was at Valenciennes. The Prince of Condé and Duke de
Bourbon had passed that place.
FOOTNOTE:
[2] See it in the paper called Point du Jour, No. 23.
TO M. L'ABBÉ ARNOLD.
Paris, July 19, 1789.
Dear Sir,--The annexed is a catalogue of all the books I recollect on the
subject of juries. With respect to the value of this institution, I must
make a general observation. We think, in America, that it is necessary to
introduce the people into every department of government, as far as they
are capable of exercising it; and that this is the only way to insure a
long-continued and honest administration of its powers.
1. They are not qualified to exercise themselves the executive department,
but they are qualified to name the person who shall exercise it. With
us, therefore, they choose this officer every four years. 2. They are
not qualified to legislate. With us, therefore, they only choose the
legislators. 3. They are not qualified to _judge_ questions of _law_,
but they are very capable of judging questions of _fact_. In the form of
juries, therefore, they determine all matters of fact, leaving to the
permanent judges, to decide the law resulting from those facts. But we
all know that permanent judges acquire an _Esprit de corps_; that being
known, they are liable to be tempted by bribery; that they are misled
by favor, by relationship, by a spirit of party, by a devotion to the
executive or legislative power; that it is better to leave a cause to the
decision of cross and pile, than to that of a judge biased to one side;
and that the opinion of twelve honest jurymen gives still a better hope
of right, than cross and pile does. It is in the power, therefore, of the
juries, if they think permanent judges are under any bias whatever, in any
cause, to take on themselves to judge the law as well as the fact. They
never exercise this power but when they suspect partiality in the judges;
and by the exercise of this power, they have been the firmest bulwarks
of English liberty. Were I called upon to decide, whether the people had
best be omitted in the legislative or judiciary department, I would say
it is better to leave them out of the legislative. The execution of the
laws is more important than the making them. However, it is best to have
Public-domain text, read in full here on John Shaqi.
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