"In England, where judges were named and removable at the will of an hereditary executive, from which branch most misrule was feared, and has flowed, it was a great point gained, by fixing them for life, to make them independent of that executive. But in a government founded on the public will, this principle operates in an opposite direction, and against that will. There, too, they were still removable on a concurrence of the executive and legislative branches. But we have made them independent of the nation itself. They are irremovable, but by their own body, for any depravities of conduct, and even by their own body for the imbecilities of dotage. The justices of the inferior courts are self- chosen, are for life, and perpetuate their own body in succession forever, so that a faction once possessing themselves of the bench of a county, can never be broken up, but hold their county in chains, forever indissoluble. Yet these justices are the real executive as well as judiciary, in all our minor and most ordinary concerns. They tax us at will; fill the office of sheriff, the most important of all the executive officers of the county; name nearly all our military leaders, which leaders, once named, are removable but by themselves. The juries, our judges of all fact, and of law when they choose it, are not selected by the people, nor amenable to them. They are chosen by an officer named by the court and executive. Chosen, did I say? Picked up by the sheriff from the loungings of the court yard, after everything respectable has retired from it. Where then is our republicanism to be found? Not in our constitution certainly, but merely in the spirit of our people. That would oblige even a despot to govern us republicanly. Owing to this spirit, and to nothing in the form of our constitution, all things have gone well. But this fact, so triumphantly misquoted by the enemies of reformation, is not the fruit of our constitution, but has prevailed in spite of it. Our functionaries have done well, because generally honest men. If any were not so, they feared to show it."
Quote Details
Added by wikiquote-import-bot
Unverified quote
0 likes
Presidents of the United StatesUnitarians from the United StatesFounding Fathers of the United States of AmericaUnited States Secretaries of StatePoliticians from Virginia
Original Language: English
Available Languages (1)
Sources
Imported from EN Wikiquote
https://en.wikiquote.org/wiki/Thomas_Jefferson
Revision History
No revisions have been submitted for this quote.
Categories
Thomas Jefferson
1743 – 1826
US-amerikanischer Politiker und der dritte Präsident der Vereinigten Staaten (1801–1809).
489 quotes on TrueQuotesView all quotes by Thomas Jefferson →
Related Quotes
"...the legislative powers of government reach actions only, and not opinions, I contemplate with sovereign reverence …"
"It is agreed by those who have seriously considered the subject, that no individual has, of natural right, a separate…"
"Tyranny is defined as that which is legal for the government but illegal for the citizenry."
"The law books abound with similar instances of the care the judges take of the public integrity, Laws, moreover, abri…"
"Widespread poverty and concentrated wealth cannot long endure side by side in a democracy"
"I have ever deemed it more honorable and profitable, too, to set a good example than to follow a bad one."
"Let the eye of vigilance never be closed."
"Some of my finest hours have been spent on my back veranda, smoking hemp and observing as far as my eye can see."
"The incorporation of a bank and the powers assumed [by legislation doing so] have not, in my opinion, been delegated …"
"It is not by the consolidation or concentration, of powers, but by their distribution that good government is effected."