Saturday, July 21, 2007

John Adams on Representative Government and Trial by Jury

"The constitution is not grounded on 'the enormous faith of millions made for one.' It stands not on the supposition that kings are the favourites of heaven; that their power is more divine than the power of the people, and unlimited but by their own will and discretion. It is not built on the doctrine that a few nobles or rich commons have a right to inherit the earth, and all the blessings and pleasures of it: and that the multitude, the million, the populace, the vulgar, the mob, the herd and the rabble, as the great always delight to call them, have no rights at all, and were made only for their use, to be robbed and butchered at their pleasure. No, it stands upon this principle, that the meanest and lowest of the people, are, by the unalterable indefeasible laws of God and nature, as well intitled to the benefit of the air to breathe, light to see, food to eat, and clothes to wear, as the nobles or the king. All men are born equal...

"The judges answer to questions of law: but no further. Were they to answer to questions of fact as well as law, being few they might be easily corrupted; being commonly rich and great, they might learn to despise the common people, and forget the feelings of humanity: and then the subjects liberty and security would be lost. But by the British constitution, ad questionem facti respondent juratores, the jurors answer to the question of fact. In this manner the subject is guarded, in the execution of the laws. The people choose a grand jury to make enquiry and presentment of crimes. Twelve of these must agree in finding the Bill. And the petit jury must try the same fact over again, and find the person guilty before he can be punished. Innocence therefore, is so well protected in this wise constitution, that no man can be punished till twenty four of his Neighbours have said upon oath, that he is guilty. So it is also in the tryal of causes between party and party: No man's property or liberty can be taken from him, till twelve men in his Neighbourhood, have said upon oath, that by laws of his own making it ought to be taken away, i.e. that the facts are such as to fall within such laws.

"Thus it seems to appear that two branches of popular power, voting for members of the house of commons, and tryals by juries, the one in the legislative and the other in the executive part of the constitution are as essential and fundamental, to the great end of it, the preservation of the subject's liberty, to preserve the balance and mixture of the government, and to prevent its running into an oligarchy or aristocracy; as the lords and commons are to prevent its becoming an absolute monarchy. These two popular powers therefore are the heart and lungs, the main spring, and the center wheel, and without them, the body must die; the watch must run down; the government must become arbitrary, and this our law books have settled to be the death of the laws and constitution. In these two powers consist wholly, the liberty and security of the people: They have no other fortification against wanton, cruel power: no other indemnification against being ridden like horses, fleeced like sheep, worked like cattle, and fed and cloathed like swine and hounds: No other defence against fines, imprisonments, whipping posts, gibbets, bastenadoes and racks...

"What a fine reflection and consolation is it for a man to reflect that he can be subjected to no laws, which he does not make himself, or constitute some of his friends to make for him: his father, brother, neighbour, friend, a man of his own rank, nearly of his own education, fortune, habits, passions, prejudices, one whose life and fortune and liberty are to be affected like those of his constituents, by the laws he shall consent to for himself and them. What a satisfaction is it to reflect, that he can lie under the imputation of no guilt, be subjected to no punishment, lose none of his property, or the necessaries, conveniencies or ornaments of life, which indulgent providence has showered around him: but by the judgment of his peers, his equals, his neighbours, men who know him, and to whom he is known; who have no end to serve by punishing him; who wish to find him innocent, if charged with a crime; and are indifferent, on which side the truth lies, if he disputes with his neighbour."

John Adams, Clarendon, No. 3, January 27, 1766


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I believe the above to be the origin of this paraphrased quote, which is often attributed to Adams:

"Representative government and trial by jury are the heart and lungs of liberty. Without them we have no other fortification against being ridden like horses, fleeced like sheep, worked like cattle, and fed and clothed like swine and hounds."

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