I have the honor to be, with great esteem and respect, Sir, your most obedient and most humble servant,

Th:  Jefferson.

P. S. July 21.  Mr. Necker had left Brussels for Frankfort, before the courier got there.  We expect, however, to hear of him in a day or two.  Monsieur le Comte de la Luzerne has resumed the department of the marine this day.  Either this is an office of friendship effected by Monsieur de Montmorin (for though they had taken different sides, their friendship continued), or he comes in as a stop-gap, till somebody else can be found.  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.  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.