Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson, Volume 3. Томас Джефферсон
M. L’ABBE ARNOND.
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 biassed 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 the 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 the people in all the three departments, where that is possible.
I write in great haste, my Dear Sir, and have, therefore, only time to add wishes for the happiness of your country, to which a new order of things is opening; and assurances of the sincere esteem with which 1 have the honor to be, Dear Sir, your most obedient and humble servant,
Th: Jefferson.
Books, on the subject of Juries.
Complete Juryman, or a Compendium of the Laws relating to Jurors.
Guide to English Juries.
Hawles’s Englishman’s Right.
Jurors Judges both of Law and Fact, by Jones.
Security of Englishmen’s Lives, or the Duty of Grand Juries.
Walwin’s Juries Justified.
LETTER III.—TO JOHN JAY, July 23, 1789
TO JOHN JAY.
Paris, July 23, 1789.
SIR,
The bearer of my letters (a servant of Mr. Morris) not going off till to-day, I am enabled to add to their contents. The spirit of tumult seemed to have subsided, when, yesterday, it was excited again, by a particular incident. Monsieur Foulon, one of the obnoxious ministry, who, as well as his brethren, had absconded, was taken in the country, and, as is said, by his own tenants, and brought to Paris. Great efforts were exerted by popular characters, to save him. He was at length forced out of the hands of the Garde. Bourgeoise, hung immediately, his head cut off, and his body drawn through the principal streets of the city. The Intendant of Paris, Monsieur de Chauvigny, accused of having entered into the designs of the same ministry, has been taken at Compiegne, and a body of two hundred men on horseback have gone for him. If he be brought here, it will be difficult to save him. Indeed, it is hard to say, at what distance of time the presence of one of those ministers, or of any of the most obnoxious of the fugitive courtiers, will not rekindle the same blood-thirsty spirit. I hope it is extinguished as to every body else, and yesterday’s example will teach them to keep out of its way. I add two other sheets of the Point du Jour, and am, with the most perfect esteem and respect, Sir, your most obedient and most humble servant,
Th: Jefferson.
P. S. I just now learn that Bertier de Chauvigny was brought to town last night, and massacred immediately.
LETTER IV.—TO JOHN JAY, July 29, 1789
TO JOHN JAY.
Paris, July 29, 1789.
Sir,
I have written you lately, on the 24th of June, with a postscript of the 25th; on the 29th of the same month; the 19th of July, with a postscript of the 21st; and again on the 23rd. Yesterday I received yours of the 9th of March, by the way of Holland.
Mr. Necker has accepted his appointment, and will arrive today from Switzerland, where he had taken refuge. No other ministers have been named since my last. It is thought that Mr. Necker will choose his own associates. The tranquillity of Paris has not been disturbed, since the death of Foulon and Bertier, mentioned in my last. Their militia is in a course of organization. It is impossible to know the exact state of the supplies of bread. We suppose them low and precarious, because, some days, we are allowed to buy but half or three fourths of the daily allowance of our families. Yet as the wheat harvest must begin within ten days or a fortnight, we are in hopes there will be subsistence found till that time. This is the only source from which I should fear a renewal of the late disorders; for I take for granted, the fugitives from the wrath of their country, are all safe in foreign countries. Among these are numbered seven Princes of the house of Bourbon, and six ministers; the seventh (the Marshal de Broglio) being shut up in the fortified town of Metz, strongly garrisoned with foreign soldiers. I observed to you, in a preceding letter, that the storm which had begun in Paris, on the change of the ministry, would have to pass over the whole country, and consequently, would, for a short time, occasion us terrible details from the different parts of it. Among these, you will find a horrid one retailed from Vesoul, in Franche Compte. The atrociousness of the fact would dispose us rather to doubt the truth of the evidence on which it rests, however regular that appears. There is no question, that a number of people were blown up; but there are reasons for suspecting that it was by accident and not design. It is said the owner of the chateau sold powder by the pound, which was kept in the cellar of the house blown up; and it is possible, some one of the guests may have taken this occasion to supply himself, and been too careless in approaching the mass. Many idle stories have also been propagated and believed here, against the English, as that they have instigated the late tumults with money, that they had taken or were preparing to take Cherbourg, Brest, &c.; and even reasonable men have believed, or pretended to believe, all these. The British ambassador has thought it necessary to disavow them in a public letter, which you will find in one of the papers accompanying this.
I have lately had an opportunity of knowing with certainty the present state of the King of England. His recovery was slow; he passed through a stage of profound melancholy; but this has at length dissipated, and he is at present perfectly re-established. He talks now as much as ever, on the same trifling subjects, and has recovered even his habitual inquisitiveness into the small news of the families about him. His health is also good, though he is not as fleshy as he used to be. I have multiplied my letters to you lately, because the scene has been truly interesting; so much so, that had I received my permission to pay my projected visit to my own country, I should have thought, and should still think it my duty to defer it a while. I presume it cannot now be long, before I receive your definitive answer to my request. I send herewith the public papers, as usual; and have the honor to be, with the most perfect esteem and respect, Sir, your most obedient and most humble servant,
Th: Jefferson.
LETTER V.—TO JOHN JAY, August 5, 1789
Paris, August 5, 1789.
Sir,
I wrote you on the 19th of the last month, with a postscript of the 21st; and again on the 23rd and 29th. Those letters went by private conveyances. This goes by the London post. Since my last, some small and momentary tumults have taken place in this city, in one of which