Virginia advocate. [volume] (Charlottesville, Va.) 1827-1860, 1828-03-29
LETTER FROM THOMAS JnrFERsoN TO SAMUEL,

LITTER FROM THOMAS JEFFERSON TO SAMUEL
KEKculvAL.
Monticello, IDLY 80, 1916.
SIR-l duly received your favor Of June 18th
with copy ofthc letters on the calling q Ccnven-
ton, on which you arc pleased to ask my opinion
have not been in the habit of mysterious reserve
on any subject, nor of buttoning up my opinions
withia ny own aoublct On the contrary, while
In public service especially, have thought the
public entitled to frankncss, and intimately to
know whom they employed. But | am now ret-
red: resign myself passenger, with conf
dence TO those at the present helm, and ask but
f'r rest, peace and good will. The question YOU
propose, equal representation, has become a
party one, in which wish to take public share
Yet, fit be asked fm your satisfaction only
ard not to be quoted before the public, hare no
motive to withhold it, and the less from you, as it
comedies with Jour own. AT the birth of our re-
public. committed that opinion to the world in
the draught ola Constitution annexed to the Notes
ON virginia, IN which provision us inserted for
i representation permanently equal. The infancy
OF the subject ut that moment, and our inexpe-
ilence OF self government occasioncd gross depar-
lures, In that draught, from genuine republican
canons. In truth, the abuses of monarchy had so
much filed all the space political contemplation,
that we imagined every thing republican which
was not monarchy. We had not yet penetrated to
the mother principle that governments are rcpub-
rllcan only in proportion as they cnbody the will of
constitutions had really no leading principles in
them. But experience and reflection have bat
more and more confirmed me in the particular i'm
portance ofihe equal representation then proposed.
On that point then | am entirely in sentiment
with your letters; and only lament that copy
right of your pamphlet prevents their appearance
III the newspapers, where alone they would be
generally read, and produce general effect. The
present vacancy too of other matter would give
them place In every paper. and bring the question
home to every mans conscience.
Bat, inequality OF representation, in both houses
OF our Legislature, is not the only republican her
csy IN this first essay of our revolutionary patriots
at forming constitution. For let it be agreed
that Il government is republican in proportion as
every member composing it has his equal voice in
dhe direction orits concerns, (not indeed in per-
son, which would be impractcable beyond the
limits of city, small township, but) by repre-
scntatives chosen by himself, and responsible to
him at short periods and let us bring to the test
%! this canon every branch of or constitution
In the Legislature, the House of Reprcsentativcs
is chosen by less than half the people. and not AT
all i'll proportion to those who do choose The
Senate arc still more dsproportonatc. and for long
terms OF irresponSbility.-la the Executive the
Governor is entirely independent OF the choice OF
the people and Of their control his Council equal
y SO. and at best but fifth wheel to n waggon.--
in the Judiciary, the Judges or the hi, hest courts
are dependant on none but Themselves. In Eng
land where Judges named, and removable at
the will Of an hereditary Executive, from which
branch most msrule was feared and has flowed
it was great point gained, br fixing them for life,
TO make them Independent of the Executive
Hut III government founded on the public will
this principle operates in an opposite direction
and against that will. There TOO they were still
removable concurrence of the Executive and
Legislative branches But VIC have made them
independent of the nation itself. They are ire
movable but by their own body for any depravitcs
at conduct and even by their own body for the
ambccIiitics Of dotagc. The Justices Of the inferior
&oarts are self chosen for life, and perpetuate
their own body III succession forever, SO that
faction once possessing itself Of the bench Of
county, can never be broken up, bat held their
county in chains, forever indissoluble. Yet
these Justices the real Executive as well as Ju-
dietary Ill all our minor and most ordinary con
Germs They tax us at will fill the Office Of sher-
it, the most important Of all the executive officers
of the county, name nearly all our military lead
frs, which leaders, once named, removable
but by thcmselYcs.-Thc Jurics, our Judges of all
fact, and cflaw when they choose it, arc not Sc
lcctcd by the people, nor amcnablc to them.
They are chosen by officer named by the Court
md Executive Chosen. did / say7 Picked up
by the sheriff from the loungings Of the court
yard, after thing respectable has retired from
it.-Whero 1sEis our republicanism to be found [!
Not in our constitution certainly, but merely in
the split our people. That would oblige even
a desPot to govern repubicanly. Owing to
this spirit, and to nothing in the form Of our con-
stituiion all things have gone well. Bot this fact
50 trimmphanty misquoted by the enemies Of re-
!orn:son is not the fruit OF our Constitution, but
has prevailed in spite Off Our functionaries
lave done well, because generally honest men,
ii any were not SO, they feared to show IT,
Bat 1t will be said it is easier to find faults than
TO amend them. / do not think their amendment
80 difficult as is pretended. Only lay down true
principles, and adhere to them infcxibly. Do
not be frightened into their surrender by the
alarms Of the timid, or the croakincs Of wealth
against the ascendency OF the people. If expe-
renee be called for, appeal to that Of our Is or 20
governments for DO years, and show me where the
people have done half the mischief in these 40
years, that single despot would have done in a
single year; or show half the riots and rcbelions,
the crimes and the punjshments which have taken
place in any single nation, under Kingly Govern
ncnt, during the same period. The true founda-
ton ofrepublican government is the equal right Of
every citizen, In his person and property, and in
si,,>.r 1. IL