Томас Джефферсон
The Writings of Thomas Jefferson, Vol. 3 (of 9)
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 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 I have the honor to be, dear Sir, your most obedient and humble servant.
Books on the subject of Juries
Complete Juryman, or a compendium of the laws relating to jurors.
Guide to English juries.
Hawles' Englishman's right.
Juror's judges both of law and fact, by Jones.
Security of Englishmen's lives, or the duty of grand juries.
Walwin's juries justified.
TO MR. MADISON
Paris, July 22, 1789.
Dear Sir,—My last to you was of the 18th of June. Within a day or two after, yours of May the 9th came to hand. In the rest of Europe nothing remarkable has happened; but in France such events as will be forever memorable in history. To begin where my last left them, the King took on himself to decide the great question of voting by persons or orders, by a declaration made at a seance royale on the 23d of June. In the same declaration he inserted many other things, some good, some bad. The Tiers, undismayed, resolved the whole was a mere nullity, and proceeded as if nothing had happened. The majority of the clergy joined them, and a small part of the nobles. The uneasiness produced by the King's declaration occasioned the people to collect about the palace in the evening of the same day. The King and Queen were alarmed and sent for Mr. Neckar. He was conducted to and from the palace amidst the acclamations of the people. The French guards were observed to be mixed in great numbers with the people and to participate of their passions. This made so decisive an impression, that the King on the 27th wrote to the clergy and nobles, who had not yet joined the Tiers, recommending to them to go and join them. They did so, and it was imagined all was now settled. It was soon observed, however, that troops, and those the foreign troops, were marching towards Paris from different quarters. The States addressed the King to forbid their approach. He declared it was only to preserve the tranquillity of Paris and Versailles, and I believe he thought so. The command of those troops was given to the Marshal Broglio, and it was observed that the Baron de Breteuil was going daily to Versailles. On the 11th, there being now thirty thousand foreign troops in and between Paris and Versailles, Mr. Neckar was dismissed and ordered to retire privately. The next day the whole ministry was changed except Villedeuil and Barentin. Breteuil, Broglio and Vauguyon were the principal persons named in the new. A body of cavalry were advanced into Paris to awe them. The people attacked and routed them, killing one of the cavalry and losing a French guard. The corps of French guards gathered stronger, followed the cavalry, attacked them in the street, (the rue basse des ramparts,) and killed four. (I did not know this fact with certainty when I wrote to Mr. Jay, it is therefore not in my letter. I since have it from an eye-witness.) The insurrection became now universal. The next day (the 13th) the people forced a prison and took some arms. On the 14th a committee was framed by the city, with powers corresponding to our committees of safety. They resolve to raise a city militia of forty-eight thousand men. The people attack the invalids and get a great store of arms. They then attack and carry the Bastile, cut off the Governor's and Lieutenant-Governor's heads, and that also of the Prevost des Marchand's, discovered in a treacherous correspondence. While these things were doing here, the council is said to have been agitating at Versailles a proposition to arrest a number of the members of the States, to march all the foreign troops against Paris, and suppress the tumult by the sword. But the decapitations being once known there, and that there were fifty or sixty thousand men in arms, the King went to the States, referred everything to them, and ordered away the troops. The City Committee named the Marquis de La Fayette commander-in-chief. They went on organizing their militia, the tumult continued, and a noise spread about Versailles that they were coming to massacre the court, the ministry, &c. Every minister hereupon resigned and fled, the Count d'Artois, Prince of Condé, Duke de Bourbon, the family of Polignacs, the Count de Vaudreuil, Abbé Vermont, confessor of the Queen, and key-stone of all the intrigues, all fled out of the kingdom. The King agreed to recall Mr. Neckar, reappointed Montmorin and St. Priest, friends of Neckar, and came with the States General to Paris to satisfy the city of his dispositions. All the streets through which he passed were lined with Bourgeoise, armed with guns, pistols, pikes, pruning-hooks, scythes, and whatever they could lay hold of, about sixty thousand. The States General on foot on each side of his coach, the Marquis de La Fayette at their head, on horseback. He returned to Versailles in the same order, to the great joy of the remaining courtiers, who feared he would have been detained in Paris. The tumults in the city had pretty well subsided, but to-day they have been revived by a new incident. Foulon, one of the fugitive ministers, was taken in the country, (it is said by his own tenants,) and brought to Paris. Every possible effort of persuasion was exerted in vain to save him. He was forced from the hands of the Gardes Bourgeoises by the mob, was hung, and after severing his head, the body was dragged by the enraged populace through the principal streets of Paris. The Intendant of Paris (de Chauvigny), accused of having been in the plots with the late ministry, and who had fled, was taken at Compiegne, and a party of two hundred militia horse are now gone for him. If they bring him to Paris it will be impossible to save him. Monsieur de La Luzerne was reappointed minister of marine yesterday. Your last letter says nothing of my leave of absence. The season is so far advanced towards the Equinox, that if it comes to hand I shall not leave Europe till that be over. Indeed this scene is too interesting to be left at present. But if the permission does not come in time for my passage in the fall, the necessity of my going is so imperious, that I shall be in a most distressing dilemma.
I am, with sincere esteem and respect, dear Sir, your affectionate friend and servant.
P. S. July 23. I just learn that Bertier de Chauvigny was brought to town in the night and massacred immediately.
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 said 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 everybody 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.
P. S. I just now learn that Bertier de Chauvigny was brought to town last night, and massacred immediately.
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 23d. Yesterday I received yours of the 9th of March, by the way of Holland.
Mr. Neckar has accepted his appointment, and will arrive to-day from Switzerland, where he had taken refuge. No other ministers have been named since my last. It is thought that Mr. Neckar 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 French Compté. 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 awhile. 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.
TO MR. CARMICHAEL
Paris, August 9, 1789.
Dear Sir,—Since your last of March the 27th, I have only written that of May the 8th. The cause of this long silence, on both parts, has been the expectation I communicated to you of embarking for America. In fact, I have expected permission for this, every hour since the month of March, and therefore always thought that by putting off writing to you a few days, my letter, while it should communicate the occurrences of the day, might be a letter of adieu. Should my permission now arrive, I should put off my departure till after the equinox. They write me that my not receiving it, has proceeded from the ceasing of the old government in October last, and the organization of the higher departments in the new, which had not yet taken place when my last letters came away. Bills had been brought in for establishing departments of Foreign Affairs, Finance, and War. The last would certainly be given to General Knox. Mr. Jay would probably have his choice of the first and second; and it is supposed Hamilton would have that which Mr. Jay declined. Some thought Mr. Jay would prefer and obtain the head of the law department, for which Wilson would be a competitor. In such a case; some have supposed C. Thompson would ask the Foreign Affairs. The Senate and Representatives differed about the title of the President. The former wanted to style him "His Highness, George Washington, President of the United States, and Protector of their liberties." The latter insisted and prevailed, to give no title but that of office, to wit, "George Washington, President of the United States." I hope the terms of Excellency, Honor, Worship, Esquire, forever disappear from among us, from that moment: I wish that of Mr. would follow them. In the impost bill, the Representatives had, by almost an unanimous concurrence, made a difference between nations in treaty with us, and those not in treaty. The Senate had struck out this difference and lowered all the duties. Quære, whether the Representatives would yield? Congress were to proceed about the 1st of June to propose amendments to the new Constitution. The principal would be, the annexing a declaration of rights to satisfy the mind of all, on the subject of their liberties. They waited the arrival of Brown, delegate from Kentucky, to take up the receiving that district as a fourteenth State. The only objections apprehended, were from the partisans of Vermont, who might insist on both coming in together. This would produce a delay, though probably not a long one.
To detail to you the events of this country, would require a volume. It would be useless too; because those given in the Leyden gazette, though not universally true, have so few and such unimportant errors mixed with them, that you may have a general faith in them. I will rather give you, therefore, what that paper cannot give, the views of the prevailing power, as far as they can be collected from conversation and writings. They will distribute the powers of government into three parts, legislative, judiciary, and executive. The legislative will certainly have no hereditary branch, and probably not even a select one (like our Senate). If they divide it into two chambers at all, it will be by breaking the representative body into two equal halves by lot. But very many are for a single House, and particularly the Turgotists. The imperfection of their legislative body, I think, will be, that not a member of it will be chosen by the people directly. Their representation will be an equal one, in which every man will elect and be elected as a citizen, not as of a distinct order. Quære, whether they will elect placemen and pensioners? Their legislature will meet periodically, and set at their own will, with a power in the executive to call them extraordinarily, in case of emergencies. There is a considerable division of sentiment whether the executive shall have a negative on the laws. I think they will determine to give such a negative, either absolute or qualified. In the judiciary, the parliaments will be suppressed, less numerous judiciary bodies instituted, and trial by jury established in criminal, if not in civil cases. The executive power will be left entire in the hands of the King. They will establish the responsibility of ministers, gifts and appropriations of money by the National Assembly alone; consequently, a civil list, freedom of the press, freedom of religion, freedom of commerce and industry, freedom of person against arbitrary arrests, and modifications, if not a total prohibition of military agency in civil cases. I do not see how they can prohibit altogether the aid of the military in cases of riot, and yet I doubt whether they can descend from the sublimity of ancient military pride, to let a Marechal of France with his troops, be commanded by a Magistrate. They cannot conceive, that General Washington, at the head of his army, during the late war, could have been commanded by a common Constable to go as his posse comitatus, to suppress a mob, and that Count Rochambeau, when he was arrested at the head of his army by a sheriff, must have gone to jail if he had not given bail to appear in court. Though they have gone astonishing lengths, they are not yet thus far. It is probable, therefore, that not knowing how to use the military as a civil weapon, they will do too much or too little with it.
I have said that things will be so and so. Understand by this, that these are only my conjectures, the plan of the constitution not being proposed yet, much less agreed to. Tranquillity is pretty well established in the capital; though the appearance of any of the refugees here would endanger it. The Baron de Besenval is kept away; so is M. de la Vauguyon. The latter was so short a time a member of the obnoxious administration, that probably he might not be touched were he here. Seven Princes of the house of Bourbon, and seven ministers, fled into foreign countries, is a wonderful event indeed.
I have the honor to be, with great respect and attachment, dear Sir, your most obedient, and most humble servant.
