th our making their enemies our enemies, yet
blush and weep over our sedition-law. But I enclose you something
more important. It is a petition for a reformation in the manner of
appointing our juries, and a remedy against the jury of all nations,
which is handing about here for signature, and will be presented to your
House. I know it will require but little ingenuity to make objections
to the details of its execution; but do not be discouraged by small
difficulties; make it as perfect as you can at a first essay, and depend
on amending its defects as they develope themselves in practice. I hope
it will meet with your approbation and patronage. It is the only thing
which can yield us a little present protection against the dominion of
a faction, while circumstances are maturing for bringing and keeping the
government in real unison with the spirit of their constituents. I
am aware that the act of Congress has directed that juries shall be
appointed by lot or otherwise, as the laws now (at the date of the act)
in force in the several States provide. The New England States have
always had them elected by their selectmen, who are elected by the
people. Several or most of the other States have a large number
appointed (I do not know how) to attend, out of whom twelve for each
cause are taken by lot. This provision of Congress will render it
necessary for our Senators or Delegates to apply for an amendatory law,
accommodated to that prayed for in the petition. In the mean time, I
would pass the law as if the amendatory one existed, in reliance, that
our select jurors attending, the federal judge will under a sense of
right direct the juries to be taken from among them. If he does not,
or if Congress refuses to pass the amendatory law, it will serve as
eye-water for their constituents. Health, happiness, safety, and esteem
to yourself and my ever honored and ancient friend Mr. Pendleton. Adieu.
Th: Jefferson.
LETTER CCXLIII.--TO JAMES MADISON, January 3, 1799
TO JAMES MADISON.
Philadelphia, January 3, 1799.
Dear Sir,
I have suffered the post hour to come so nearly on me, that I must
huddle over what I have more than appears in the public papers. I
arrived here on Christmas day, not a single bill or other article of
business having yet been brought into Senate. The President's speech, so
unlike himself in point of moderation, is supposed to have been written
by the military conclave, and particularly Hamilt
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