April 24

[In this letter, dated April 24, 1816, I am writing from Poplar Forest to Pierre Samuel Du Pont de Nemours—my esteemed French friend and fellow philosopher—to contrast the direct democratic principles of the United States with his proposed constitution for the new South American republics. Written during my quiet retirement, I cordially endorse our shared Enlightenment devotion to the innate moral foundations of liberty, truth, and justice, yet I reject his overly refined governmental structure for stripping power away from the ordinary citizen. I argue that human nature inherently requires "constant and immediate control" from the public to prevent politicians from succumbing to the corrupting temptations of self-love. I observe that while his system treats the people like helpless infants who cannot be trusted without nurses, our American experiment confidently leaves them to self-government as capable adults.]

I received, my dear friend, your letter covering the constitution for your Equinoctial republics, just as I was setting out for this place. I brought it with me, and have read it with great satisfaction. I suppose it well formed for those for whom it was intended, and the excellence of every government is its adaptation to the state of those to be governed by it. For us it would not do. Distinguishing between the structure of the government and the moral principles on which you prescribe its administration, with the latter we concur cordially, with the former we should not. We of the United States, you know, are constitutionally and conscientiously democrats. We consider society as one of the natural wants with which man has been created; that he has been endowed with faculties and qualities to effect its satisfaction by concurrence of others having the same want; that when, by the exercise of these faculties, he has procured a state of society, it is one of his acquisitions which he has a right to regulate and control, jointly indeed with all those who have concurred in the procurement, whom he cannot exclude from its use or direction more than they him. We think experience has proved it safer, for the mass of individuals composing the society, to reserve to themselves personally the exercise of all rightful powers to which they are competent, and to delegate those to which they are not competent to deputies named, and removable for unfaithful conduct, by themselves immediately. Hence, with us, the people (by which is meant the mass of individuals composing the society) being competent to judge of the facts occurring in ordinary life, they have retained the functions of judges of facts, under the name of jurors; but being unqualified for the management of affairs requiring intelligence above the common level, yet competent judges of human character, they chose, for their management, representatives, some by themselves immediately, others by electors chosen by themselves. Thus our President is chosen by ourselves, directly in practice, for we vote for A as elector only on the condition he will vote for B, our representatives by ourselves immediately, our Senate and judges of law through electors chosen by ourselves. And we believe that this proximate choice and power of removal is the best security which experience has sanctioned for ensuring an honest conduct in the functionaries of society. Your three or four alembications have indeed a seducing appearance. We should conceive, primá facie, that the last extract would be the pure alcohol of the substance, three or four times rectified. But in proportion as they are more and more sublimated, they are also farther and farther removed from the control of the society; and the human character, we believe, requires in general constant and immediate control, to prevent its being biased from right by the seductions of self-love.

Your process produces therefore a structure of government from which the fundamental principle of ours is excluded. You first set down as zeros all individuals not having lands, which are the greater number in every society of long standing. Those holding lands are permitted to manage in person the small affairs of their commune or corporation, and to elect a deputy for the canton; in which election, too, every one's vote is to be an unit, a plurality, or a fraction, in proportion to his landed possessions. The assemblies of cantons, then, elect for the districts; those of districts for circles; and those of circles for the national assemblies. Some of these highest councils, too, are in a considerable degree self-elected, the regency partially, the judiciary entirely, and some are for life. Whenever, therefore, an esprit de corps, or of party, gets possession of them, which experience shows to be inevitable, there are no means of breaking it up, for they will never elect but those of their own spirit. Juries are allowed in criminal cases only. I acknowledge myself strong in affection to our own form, yet both of us act and think from the same motive, we both consider the people as our children, and love them with parental affection. But you love them as infants whom you are afraid to trust without nurses; and I as adults whom I freely leave to self-government. And you are right in the case referred to you; my criticism being built on a state of society not under your contemplation. It is, in fact, like a critic on Homer by the laws of the Drama.

 But when we come to the moral principles on which the government is to be administered, we come to what is proper for all conditions of society. I meet you there in all the benevolence and rectitude of your native character; and I love myself always most where I concur most with you. Liberty, truth, probity, honor, are declared to be the four cardinal principles of your society. I believe with you that morality, compassion, generosity, are innate elements of the human constitution; that there exists a right independent of force; that a right to property is founded in our natural wants, in the means with which we are endowed to satisfy these wants, and the right to what we acquire by those means without violating the similar rights of other sensible beings; that no one has a right to obstruct another, exercising his faculties innocently for the relief of sensibilities made a part of his nature; that justice is the fundamental law of society; that the majority, oppressing an individual, is guilty of a crime, abuses its strength, and by acting on the law of the strongest breaks up the foundations of society; that action by the citizens in person, in affairs within their reach and competence, and in all others by representatives, chosen immediately, and removable by themselves, constitutes the essence of a republic; that all governments are more or less republican in proportion as this principle enters more or less into their composition; and that a government by representation is capable of extension over a greater surface of country than one of any other form. These, my friend, are the essentials in which you and I agree; however, in our zeal for their maintenance, we may be perplexed and divaricate, as to the structure of society most likely to secure them.