The Writings of Thomas Jefferson, Vol. 7 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
Philosophy
The Writings of Thomas Jefferson, Vol. 7 (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
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 everything 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.
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 ascendency 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 long been 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
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