Thomas Jefferson, the Apostle of AmericanismChinard, Gilbert
History
Thomas Jefferson, the Apostle of Americanism
Chinard, Gilbert
Jefferson, Thomas, 1743-1826
With this curious incident, Jefferson ends his account of the French
Revolution. During the year, he had complained on several occasions that
his French friends seemed unable to realize the importance of insisting
on trial by jury in criminal cases. He finally persuaded one of the
"abbés" to study the question thoroughly and on that occasion indicated
exactly how he stood in matters of government. All told, his views had
not changed much, and at that time he would not have accepted without
reservations and qualifications the famous principle of "government by
the people." There was still in his mind, if not in all his formulas, a
tacit admission that all the people could not unreservedly participate
in all branches of government. Nothing could be clearer than the
distinctions he established and nothing could be less demagogical.
"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 power." Then he proceeded to define, point by
point, the extent to which the people could safely be allowed to
participate in the executive, legislative, and judiciary branches of the
government.
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.[229]
Public-domain text, read in full here on John Shaqi.
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