Tuesday, August 27, 2019

John A. Quitman: To the Electors of Adams County, a few days after July 20, 1832

To the Electors of Adams County.

fellow-citizens, — It is known to you generally that I have been nominated, by a public meeting of citizens of this county, one of the candidates to represent you in the convention. I believed that a long residence among you, together with the public stations I have held, had made my character and political principles so well known to most of you, as to render a public communication of this kind unnecessary! I was anxious that the people should be left to the quiet exercise of their own good sense and judgment in the selection of members of the convention, and had determined to confine my agency to verbal discussions and arguments.

Some recent occurrences, the example of most of the candidates, and misrepresentations of my opinions, have induced me to change my course, and to appear, at this late period, before the public in a circular, for the imperfection of which I must ask all the indulgence to which great haste and limited time may entitle me.

A most important crisis is near at hand. We are about to remodel our organic law. The people of this state are called upon to appoint representatives to alter, revise, and amend their frame of government. This work will require the wisest and most experienced heads, for upon it will depend mainly, not only the character of our state, both political and moral, but the happiness and prosperity of our citizens.

The slightest defect in this work will create discontent, and may produce incalculable misery. Upon its provisions must rest our most sacred rights, the free enjoyment of our lives, our personal security and private property. It is not, therefore, surprising that the objects of the proposed convention should be matters of the deepest interest to every citizen.

The organization of the judiciary, and the mode of appointing judges, are prominent subjects of inquiry. There are those among us who are disposed to try a new experiment in this department. Believing as I do, that this experiment would be dangerous in the extreme, would tend to corruption, and strike a fatal blow at the independence of the judiciary, I will stop and examine it briefly.

Every argument that I have seen or heard, in favor of the election of judges by the people, has been commenced with old and stale maxims, such as, “The people are the source of all political power;” “We should not delegate any power which we can conveniently exercise ourselves.” Maxims which nobody now denies, which are so generally acknowledged that the repetition of them can only be intended to create the impression that others dispute them. A disposition is, also, evinced by some aspiring men to flatter and tickle our ears with praises of our virtue and intelligence. We are represented as the most perfect people on earth — all of us saints and philosophers! Do you suppose our flatterers believe what they assert? If they did, fellow-citizens, they would not dare to utter such fulsome adulations in our ears. When a man flatters us we should take it for granted he has an indifferent opinion of our sense and judgment. We are treated like spoiled children, who must be bribed by sweetmeats to love the giver. I have too good an opinion of those among whom my lot is cast to court your favor by flattery and praise. I will address myself to you as men — full grown — sensible men, who will act from judgment and principle, and will approbate candor though it may appear in a rough dress.

We all agree that we have the right and are capable of electing our judges if we think fit. The question is solely one of policy, whether it will be to our interest that we should choose them by popular suffrage; if not, it would be madness to exercise the right. We have a right to burn down our houses, but surely, before we do so, we will reckon the advantage to be derived from such an act. If we direct any of our public servants to appoint judges, we exercise as much power as if we chose them ourselves. Be not deceived, then, with the idea that a right which you possess is in danger. Allow your reason and your judgment, with the aid of your experience, coolly and calmly to investigate the subject. If you then find that popular elections would not be so likely to place upon the bench upright, talented, and independent judges, do not permit the false idea of a contest for rights to prejudice your interests. A constitution is intended not merely to establish a frame of government, but also principally to define and limit the powers of the several departments, and to protect the private citizen in his reserved rights. It is thus intended for the benefit of the minority, to protect them against the action of the majority; to protect the weak against the strong, the poor and infirm against the rich and powerful. The judicial department is to apply these restraints. Is it not therefore improper, in the very threshold, to place this department strictly and immediately under the influence and control of those who are to be restrained? If the judicial department is to be completely under the influence and control of the mere majority, that majority might as well govern without any restrictions, and a limitation of powers would be absurd. Let it not be said that the majority will never do wrong. I admit that in times of quiet, when men's minds are left to the influence of sober reflection, it is not probable that the many will unjustly oppress the few. I grant farther, that, when this does occur, they will eventually correct their errors. But the history of nations, of our sister states, of our own infant state, shows that, in times of violent excitement, the many have abused their powers, and attempted to oppress and tyrannize over the minority. I refer you to the excitements in Kentucky, which produced the occupying claimant-laws and the relief projects. Look to the intense feeling produced in Georgia by the Yazoo claims, to the agitation which pervaded Alabama on the subject of usurious interest. Majorities were, in all these cases, ready to break down all constitutional restrictions, and invade the sacred rights of their fellow-citizens. A firm, intelligent, and independent judiciary was found to check the mad career of grasping interest and ambition. Suppose, in these cases, that the judicial departments had been placed directly under the influence and control of the interested majority, constitutional restrictions would have been but ropes of sand, and the judges would have lent their aid to trample under foot the lives, liberties, and property of the weak and defenseless. But not so. A well-organized judiciary has always been found the friend of the poor and the ark of safety to the oppressed. We should, then, as we regard our liberties as citizens, sustain and support an independent judiciary. By independent, I do not mean irresponsible. No. I would make them most rigidly amenable to some impartial tribunal for a proper and virtuous discharge of their important duties. I know, too, that the constitutional expression of the will of the majority is, and must be, the rule of action. Constitutional restrictions are not intended to defeat that will, but to restrain it until it can be ascertained to be the result of solemn and mature reflection. Every man of observation must have perceived that all our public officers, however appointed, feel their dependence upon public sentiment. Most men, from a principle of timidity, are actuated more by that feeling than by their own judgment. I am, therefore, inclined to think that there is no necessity for increasing this sense of dependence. A greater portion of it would not make our public servants more honest, but might have a tendency to render them, like the courtiers of a despot, more subservient and sycophantic.

My time admonishes me to pass rapidly over the many strong arguments against popular elections. I will briefly touch upon some, and leave the good sense and experience of my readers to supply what is wanting. We all admit that no human tribunal and no mode of appointment can be perfect. If we could call down from heaven superior intelligences to apply the laws, and to decide controversies between man and man, we might expect perfection. We are compelled to place upon the bench human nature with all its infirmities. It is all-important, then, that we should remove it, as far as practicable, from all influences that can operate upon the weakness to which all men are liable. Partiality is not neces sarily the result of a corrupt heart. It may arise from weakness or timidity. Its possessor may be ignorant of its existence. Impartiality rarely exists where the feelings are excited. Can we, then, expect this quality in a man who has just come from a hot electioneering canvass, in which he has succeeded, after a hard-fought battle, who sees before him, on the one side, friends who have risked every thing for his promotion, and, on the other hand, opponents who have waged a war against his public and private character, propagated calumnies against his reputation, and now sullenly mutter threats of revenge? These friends and opponents have controversies before this judge involving their fortunes or their characters. I leave the answer to every man's breast, whether strict impartiality can be expected from a judge under such circumstances. But, suppose the judge should rise superior to frail human nature and should even decide impartially, will the suitors be satisfied? If the decision be in favor of his friend, will no voice be raised to impugn his motives? I fear that the whispers of suspicion would drive every honest man, jealous of his reputation, from a station of such difficulty and danger.

The advocates of popular elections of judges have reversed the rules of logic, and attempted to place the burden of proof upon us. Firmly convinced of the truth of our cause, we have made no opposition to this course, though unfair in principle. They propose a new experiment. Let them prove its advantages. Have they shown that one benefit would result from it? Have they shown that objections to the present mode may not be remedied without resorting to untried theories?

I appeal to the candor of every man to justify me, when I say that their addresses have been more directed to the feelings and prejudices than to the judgment. We are accused of holding doctrines absurd in the extreme. You have been told that we, who are opposed to popular elections of judges, assert that the people are not to be “trusted with the election of their judges; that “guardians should be appointed over them; that they are incapable of forming a correct opinion of the qualifications of a judge;' that the community in which we live 'is weak or dishonest enough to vote for a partial judge;” I need scarcely say that such nonsense has never dropped from my lips, nor have I ever heard such arguments from a sensible man. Is it, then, fair — is it candid for our opponents to attempt to prejudice the public mind by such misrepresentations of our opinions? The weakness of a position is always displayed when its friends attempt to warp the judgment by appeals to the passions. We have no objections to fair arguments. Though we honestly believe that our principles are best calculated to promote the happiness and prosperity of the people, we may be wrong, and our opponents may be right. We are disposed to submit to the discrimination and good sense of our fellow-citizens, without exciting their prejudices or their partialities.

An argument has been used in favor of popular elections, which, I am free to confess, appears plausible, but will not bear the test of close scrutiny. It is this, that as public sentiment will be likely to fix upon the individual best qualified for the station, popular elections will afford the best indications of that public sentiment. I am perfectly aware that some of the arguments which I may make use of may be said to be equally applicable to elections for political stations. This would only show that there is perfection in no system. The action of a judge is private, and not general; his duties are essentially and radically different from those of political officers who act upon the community as a mass. Upon this distinction arc, in fact, founded the principal reasons for appointing them differently from most other officers. I may, therefore, be permitted to apply an argument to this case which might not be justified in the case of other public servants. Besides, the reasoning of our opponents is calculated to mislead, unless we apply the practical test of experience. Admitting that, where there was a unanimity, or even a majority of votes in the selection of a judge, it would be the strongest evidence of public sentiment and of his fitness for the station, I say, without the fear of contradiction, that, in nine cases out of ten, the opinion of the people of the qualifications of a candidate for judge can not be obtained by any mode of popular election which is practicable. If a majority of the whole number of votes be required, we would be for check of the Senate. The governor will seek to comply with the wishes of the people. It is his interest so to do. He is responsible to them for the propriety of the appointment, whereas the voter is responsible to no human power. I have never known an executive appointment of a judge in this state which was not acceptable to the people over whom he was to act. An obnoxious appointment will never be made. The powerful principle of self-interest, and the elevated station of the executive forbid such an idea.

Now, fellow-citizens, one word more upon this subject. We are a new state; most of our citizens are recent immigrants. We have many men of talents, but few who, from their capacity, age, and experience, stand preeminent and distinguished. Let us not be the first, upon slight grounds, to try a rash experiment. There is no state in the Union, no country upon earth, in which the judges are elected by votes of the people. The southern sun, that warms the blood and quickens the pulse, while it produces the most generous emotions of the heart, has the same tendency to excite the fancy and to stimulate the passions, and renders us less fit to make an experiment of this new-fangled political theory. Prudence dictates that we should leave it to be tried by others first. If it should succeed well, we will follow the example. The moment I am persuaded that it is for the good of the country, for the protection and happiness of the private and humble citizen, I too will become one of its warmest advocates and supporters. An anxious desire to preserve the judicial department in its purity, to protect the equal rights of all, has brought my mind to the conclusion that the appointment of judges by the governor, by and with the consent of the Senate, for a limited period of time, is the best and most democratic mode. This is not an experiment; it has been practiced upon and approved by some of the oldest of our sister states, and has given birth to the most distinguished judges. The tenure of office should be such as to avoid too great a sense of dependence on the part of the judge, and at the same time to protect the public from the possible effects of weakness, imbecility, and decay of mind. When nominating a judge for the Supreme Court, the governor represents the whole state. When acting for a district, he is the representative of that district alone. Biennial elections of that officer will insure the most rigid responsibility on his part. To secure the integrity of the judge, having full confidence in the trial by jury, I am quite willing that for corruption in office he should also be liable to presentment, trial, and conviction, before the regular courts of the country.

A misrepresentation of my sentiments upon some subjects appears to require from me a formal contradiction. It has been said, ignorantly or designedly I know not, that I am opposed to universal suffrage, that I favor a representation of property, and that I had declared, in a speech at Washington, that mechanics had no concern with politics. The last is so absurd as scarcely to deserve serious notice. Many of those who heard my remarks at Washington were of that respectable class of citizens, and I know will do me the justice to give this ridiculous report a flat contradiction. I have ever considered entire indifference to the political concerns of the country blamable in any man, whatever his situation and circumstances might be.

The right of universal suffrage is inseparably connected with our republican institutions. Restrictions of this right must eventually end in discontent and revolution. I consider it the sheet-anchor of a free government, and would be the last man to surrender it. Its abandonment would be a virtual recognition of the principle that we can not govern ourselves. Positive political power should be distributed as equally as possible throughout the state. An attempt on our part to obtain an undue advantage, by taking more than we ought to possess, would certainly be visited upon us at some future period. Principles and policy both demand that we should be content with our just proportion. Men should be represented, and not property or territory. I am, therefore, in favor of that basis which will secure equal rights and equal representation throughout the state. While, however, we admit the right of equal representation, it is no less important that we should protect ourselves against partial and unequal taxation. Because we live within twenty miles of the Mississippi River, we should not be required to pay more taxes in proportion to the clear value of our property than our fellow-citizens in other sections of the state. One district of country or one set of men should not be compelled to bear a greater portion of the public burdens than another quite as wealthy. It is, therefore, all important that the rights of the minority should be protected, and that some constitutional provisions should be adopted to prevent partial and unjust taxation. This, in my opinion, may be readily effected by placing some restrictions on the taxing power, or by requiring that all revenue bills should be based upon the ad valorem principle of taxing every citizen according to the value of his property. The tax upon sales of merchandise is, in my opinion, partial and unjust, and the exercise of such a power should be restrained.

The leading principle of my political creed is, that a state should not control its citizens in their opinions, their conduct, their labor, their property, any farther than is necessary to preserve the social tie, to punish offenses against society, and to sustain the powers of government.

I am opposed to all property qualifications whatever for members of either house of the General Assembly. Experience has shown that they are entirely useless.

A recent attempt has been made to affect my public standing by the charge of entertaining obnoxious political principles. I have met these charges publicly, and in the spirit of candor. The result is known to the public. I desire of those who would judge me but a candid investigation. Believing that I have as much confidence in the virtue and intelligence of my fellow-citizens as those who flatter them more, I will cheerfully submit to their verdict.

John A. Quitman.

SOURCES: John F. H. Quitman, Life and Correspondence of John A. Quitman, Volume 1, p. 116-26

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