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.
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