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Letters of a Federal Farmer |
LETTER II, OCTOBER 9, 1787 DEAR SIR, The essential parts of a free and good government are a full and equal representation of the people in the legislature, and the jury trial of the vicinage in the administration of justice--a full and equal representation, is that which possesses the same interests, feelings, opinions, and views the people themselves would were they all assembled--a fair representation, therefore, should be so regulated, that every order of men in the community, according to the common course of elections, can have a share in it--in order to allow professional men, merchants, traders, farmers, mechanics, &c. to bring a just proportion of their best informed men respectively into the legislature, the representation must be considerably numerous--We have about 200 state senators in the United States, and a less number than that of federal representatives cannot, clearly, be a full representation of this people, in the affairs of internal taxation and police, were there but one legislature for the whole union. The representation cannot be equal, or the situation of the people proper for one government only--if the extreme parts of the society cannot be represented as fully as the central--It is apparently impracticable that this should be the case in this extensive country--it would be impossible to collect a representation of the parts of the country five, six, and seven hundred miles from the seat of government. Under one general government alone, there could be but one judiciary, one supreme and a proper number of inferior courts. I think it would be totally impracticable in this case to preserve a due administration of justice, and the real benefits of the jury trial of the vicinage--there are now supreme courts in each state in the union, and a great number of county and other courts subordinate to each supreme court--most of these supreme and inferior courts are itinerant, and hold their sessions in different parts every year of their respective states, counties and districts--with all these moving courts, our citizens, from the vast extent of the country, must travel very considerable distances from home to find the place where justice is administered. I am not for bringing justice so near to individuals as to afford them any temptation to engage in law suits; though I think it one of the greatest benefits in a good government, that each citizen should find a court of justice within a reasonable distance, perhaps, within a day's travel of his home; so that, without great inconveniences and enormous expense, he may have the advantages of his witnesses and jury--it would be impracticable to derive these advantages from one judiciary--the one supreme court at most could only set in the center of the union, and move once a year into the center of the eastern and southern extremes of it--and, in this case, each citizen, on an average, would travel 150 or 200 miles to find this court--that, however, inferior courts might be properly placed in the different counties, and districts of the union, the appellate jurisdiction would be intolerable and expensive. If it were possible to consolidate the states, and preserve the features of a free government, still it is evident that the middle states, the parts of the union, about the seat of government, would enjoy great advantages, while the remote states would experience the many inconveniences of remote provinces. Wealth, offices, and the benefits of government would collect in the center: and the extreme states; and their principal towns, become much less important. There are other considerations
which tend to prove that the idea of one consolidated whole, on free
principles, is ill-founded--the laws of a free government rest on the
confidence of the people, and operate gently--and never can extend the
influence very far--if they are executed on free principles, about the
center, where the benefits of the government induce the people to support it
voluntarily; yet they must be executed on the principles of fear and force
in the extremes--This has been the case with every extensive republic of
which we have any accurate account. |