Though very unequal to his office, all agree that he is an honest
man. The Count d'Artois was at Valenciennes. The Prince of Conde and
Duke de Bourbon had passed that place. T. J.
LETTER II.--TO M. L'ABBE ARNOND, July 19, 1789
TO 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.
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