Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-07-07
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% tho enclosed sheet, you will copies OF two
letters from Mr.. Jefferson to Samuel Kercheval, Esq.
think, they appeared in the Richmond Enquirer about
'wo years ago. BY re-publshng them now. you viii
oblge several Of your subscribers II is expected that
she members for the convention will read these letters
with some attention. and see how far AIR. Jefferson
news :" in sentiment with theirs on what should
he The iundamentalaws of Virginia canno; believe,
that any republican will say, that these letters are vi
sonary and theorelic thai they the illusions Of
"wi,hered age and useless time" CANDOUR
AIR. JEFFERSON AND THE CONVENTION.
lcopy of letter received by sami Kehoval Esq da,ed
MONTICELLO, July IL, 1916
Sir: duly received your favor OF the lst inst. with
COPY oil the letter the calling oil conveotion
which you are pleased 10 ask my opinion. have not
been IN the habit oil mysterious any subject
nor o buttoning up my opinions within my own dou.
ble on the contrary while in public service especially
have thought the public entitled TO frsnkness, and in
timatcy to know whom they employcd--bnt am now
retired. ! resign myself a, passenger with conf
dence 10 those present the helm ard ask but for
rest, peace and good win. The question you propose
on equal representation, has become party one, in
which wish TO take no public share; yet il II be asked
for your satisfaction only and not 10 be quoted be-
fore the public have motive 10 withhold IT, and the
less from you, as i, comedies with your At the
birth OF our republic, committed this opinion to the
world in tho draugb, of constitution nnexed the
Notes on Virginia in which provision inserted
Tor representation permanently equal. The infancy
Of the subisct at that moment, and inc perence of
sa!Igovernment occasior:i gross departures in that
draught. from genuine republican Ia truth thu
abuses Of monarchy had much filled all the space Of
political contemplation, that imagined every thing
republican which was not monarchy; had not vet
penetrated to the mother principle that governments
are republican emily in proportion as they embody the
will Of their people and execute IL. Hence our frat
consultations had really no leading principle in them
but experience and reflection have but and more
confirmed me in the particular importance of the
equal representation then proposed On that point then
sm entirely in sentiment with your letters and only
lament tina, copy right of your pamphlet prevents their
appearance In the newspapers where alone they would
be generally read, and produce general effect. The
present vacancy too of other would give them
place in every paper and bring the question home to
every mans conscience.
Bu, inequality Of Misrepresentation, in both houses Of our
legislature Is mol the only republican hcresy this first
essay OF our revolutionary patriots at forming eons-
tuition; for let II he agreed that repub
ican in proportion every member composing it has
his equal voice in the direction OF its concerns (not in
deed in person. which would he impractcabie beyond
the Limits ola city.or small township but by represent
tstive. chosen by himself, and responsible him at
short periods and let bring the test OF this canon
every branch in constitution
In the Legislature, the House OF Representatives.
is chosen by less than half the people, and not at all in
proportion TO those who do choose The Senate are s
more disproposonate and for long rresponsi-
bility. In tie Executive the Governor is entirely
independent Of the choice Of the people, and of their
eontrous; is council equally So and at best but fifth
wheelto wagon In the Judiciary. the Judges OF the
highest courts are dependent but themselves
In England, where Judges named and re-
movable at the will of an hereditary Executive, from
which branch most misrule feared and has flowed
II was great point gained by fixing them for liie to
make them independent Of that Executive. But in
Government founded the public will ths principle
operates in opposite direction. and against that will
There TOO they were still removable concurrence
OF the Executive and legislative branches but we
have made them independent of the nation itself thev
ore rremovable butby their body for the imbecity
Of dotsgc The Justices Of the inferior courts are self
chosen and for life, and perpeuate their own body in
succession for ever, that faction once possessing
itself oil the bench OF county be broken MP
but hold their county in chains forever ndis,oube Yet
these Justices the real Executive as well as Judiciary
in all Car minor and ordinary concerns: thew tax us
at will; I'LL The office OF Sheriff .ie mos. important of all
the executive officers OF the country; nearly all
our military leaders, which leaders, named are
removable but by themselves The Juries, our Judges
Of all fact, and OIL law when they choose it, are not
eced by the people, an,enable TO then; they are
chosen by officer named by the court and Executive
Chosen did say? picked I'D by the Sheriff from the
oungings of tho yard after every thing respect
able has retired fyom itwhcre then is republican
ism 10 be found Not in constitution certainly
but merely In the spirit OF people, that would oblgc
despot 10 govern republicany; owing 10 this
shirt and to nothing i'm the form Of constitutions all
things have gone well. But this fact triuinphanty
mis-quoted by the enemies reormaiion is not the
fruit Of constitution. but has prevailed in spite Of
functopares have done well because generally hon
eet ii any not So they feared to shew it,
But IL will be said, il is easier TO find fault than 20
amend them. do no, think their amendment so diff
cult az is pretended only lay down true principles and
adhere TO them infe xiby. Do be frightened into
their surrender by the alarms Of the id or the croak
ngs OF wealth against tho ascendsncy OF the people
II experience be called for appeal that of our 10 or
20 for 30 years and show me where the
people have done half the mischief in these 10 wears
that single despot would have done in single YEAR,
shew here half the riots and rcbellions the crimes
| and the punishments, which have taken place in
any single nation, under kingy government during the
same reriod.-Tbe true foundation OF republican gov
ermen is the equal right Of every citizen in his person
and property and IN their management Try by this az
taoy, every provision Of constitution, and sec C
II hangs directly the will Of the people; reduce yo,,r
Legislature to convenient number for full but OF der
~ discussions; let every who fights or pays exer
else his Just and equal right in their election; submit
'bem 10 appreciation rejection at short intervals Lei
term, by those whose agent Ire is 10 be; and leave
OF council. behind which 10 skull from re-
srousihlty II has been thought tbat The people are
oot competent electors OF judges learned in the Iatr
bnt do not know that this IL true and If doubtful we
should follow principle; in this in many other cleo
iiOns, they would be guided by reputation which would
oencr perhaps than the present mode of APP
poinneD In one state of the Unon, at least IL has
been long tried and with The satisfactory success
The Judges Of Connecticut have been chosen by the
people every six months, for nearly Centuries aud
believe there has hardly ever been instance Of
change, powerful j. The curb Of inccsgaa responsi.
hity. If prejudice, however. derived from monar.
chical institution l. still 10 prevail against the vital
elective principle Of our own, and If the existing ex.
ample among ourselves, OF periodical election Of Judges
b. ihe people, be still administered let US AZ Least moi
dent; lei VS. retain aroyabny OF he concurrence Of
the Executive and Legislative branches, and nomina
ton by the Executive alone; nomination 10 office il an
executive FL ction. To Give II 70 the legislature ae
we do is violation ct the principle Of the seraraon Of
powers. n swerves the members from correctness ~