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Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson, Volume 3 by Thomas Jefferson
page 22 of 775 (02%)
suppressed, less numerous judiciary bodies instituted, and trial by jury
established in criminal, if not in civil cases. The executive power
will be left entire in the hands of the King. They will establish the
responsibility of ministers, gifts and appropriations of money by the
National Assembly alone; consequently a civil list, freedom of the
press, freedom of religion, freedom of commerce and industry, freedom
of person against arbitrary arrests, and modifications, if not a total
prohibition, of military agency in civil cases. I do not see how they
can prohibit, altogether, the aid of the military in cases of riot,
and yet I doubt whether they can descend from the sublimity of ancient
military pride, to let a Marechal of France, with his troops, be
commanded by a magistrate. They cannot conceive that General Washington,
at the head of his army, during the late war, could have been commanded
by a common constable to go as his _posse comitates_, to suppress a mob,
and that Count Rochambeau, when he was arrested at the head of his army
by a sheriff, must have gone to jail if he had not given bail to appear
in court. Though they have gone astonishing lengths, they are not yet
thus far. It is probable, therefore, that not knowing how to use the
military as a civil weapon, they will do too much or too little with it.

I have said that things will be so and so. Understand by this, that
these are only my conjectures, the plan of the constitution not
being proposed yet, much less agreed to. Tranquillity is pretty well
established in the capital; though the appearance of any of the refugees
here would endanger it. The Baron de Besenval is kept away: so is M. de
la Vauguyon. The latter was so short a time a member of the obnoxious
administration, that probably he might not be touched were he here.
Seven Princes of the house of Bourbon, and seven ministers, fled into
foreign countries, is a wonderful event indeed.

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