Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-11-20

L nave been appointed By the present Go
vernon OF this province, Civil Commandant oil
the colony settling within The grant.
am very respectfully, &c. &c.
STEPHEN +. AUSTIN.
II. HaTsins, esq. Nee Orleans
FROM The BERKSHIRE STAR.
The Book entitled the Republican, by William
&. Jarvis, Esq. is for sale.
The following letters are from distinguished
gentlemen, 10 the author, ON the subject of
his book, and are published in our paper, at
the request ola particular friend of his.
.Noateeilio, March 8h, 1891.
SIR thank you for your favour of Feb.
ruary 18th and for the valuable volume call
ed the Republican. Not long since read Il
volume upon Political Economy, by Senator
Tracy, translated from the French by Mr. JEFF
lerson-and very lately l have read anoth-
er volume of thoughts upon Political Econo.
my, by Daniel Raymond, Esq. Counsellor at
law ,Baltinore,w with still more delghtand salts
faction. Your volume, entitled the Republi-
can, L have also read with pleasure Your
subject is more compressive, bat as far as it
compartments political economy it agrees in
substance with the two former works I am
very glad to find three authors so well agreed.
IN what think the true system. In your re-
searches for materials, and in the composition
oil your work. you must have found "a proiita-
Bile study, and delightful amusement You
have read great deal, and of the best books.
Ii has been pleasant employment to me to
revise the substance of the studies of my sfor-
mer days, collected together from many vo-
Tunes in one body. 1t affords me much sat
lsiactlon In see such speculatons cultivated.
and such principles spreading in this country.
Lam, sIr,with many thanks for the entertain
mcnt you have given me, your obliged friend
| and humble servant, JOHN ADAMS
UtH,dm c. Jarvis.
MoNTIcELLo, Septe0, 1911 thank YOU
Or, for the copy of your Republican, which
you have been so kind as To send me, and |
should have acknowledged it sooner, but that
| am Just returned home after long absence
| have not yet had time to read it seriously
but IN looking over ii cursoriIy, see much in
1t to approve: and shall be glad if it shall lead
our youth to the practice of thinking on sucI,
subjects and for themselves. That it will have
tlis tendency may he expected, and for tina,
reason feel an urgency To note what deem
an error in it, the more requiring notice. 4,
your opinion is strengthened by that of man,
others. you seem, lii pages 81 and I 70, tC
consider the Judges as the ultimate arbiters O.
all constitutional questions ; a very dangeroiI,
doctrine indeed, and one which would place
us under the despotism ofan O!igarchy. Om
Judges are as honest as other men, and not
more SO. They have, with others, the same
passions for party, for power, and the privilc-
Ses "f their corps. Their maxim is, {" boni
Iudicis est amplicare jurisdictioncm," and their
power the more dangerous, as they are in of
flee for life, and not responsible, as the other
innctionarles are, to the elective controu-
ne constitution has erected no such single
tribunal; knowing that, TO whatever hands
r,ft .,,J,1
ty, ITS members would become despots. II has
more wisely made all the departments Co
equal ana co-sovereign within themselves Il
the Legislature fails To pass laws for Il census
Tor paying the Judges and other officers of go
vernmcnt, for establishing militia, for natu-
ra,lzation as prescribed by the constitution, OIL
| ifthcy fail to meet in Congress, the Judges can.
! not issue their mandates to them. Ifthe Presi.
dent fails to supply the place ola Judge, to ap.
point other civil or military officers, to issue re-
qulsIte commissions, the Judges cannot fore,
MN. They can issue their mandamus or distrn
gas 10 no executive oregslatige officer toenforct
the fuiiilment of their official duties any more
than the President or Legislature may ISSUE
| orders to the Judges or their officers. Betray.
cd by English example, and unaware, as il
should seem, oi the controul of our consttu-
tion, IN this particular, they have at times o.
versteepped their limit by undertaking to com
mana executive officers in the discharge o.
their executive duties. But the constitution
In keeping the three departments distinct and
independent, Restraints the authority of the
Judges TO Judiciary organs, as it does the exec.
utive and legislative, to executive and legisla
tive organs. The judges certainly have more
frequent occasion to act on constitutions
questions, because the laws ofmeum and tuum
and of criminal action forming the great mas:
OF the system of law, constitute their particu.
lar department.
| When the legislative or executive functions
rles act unconsftutionally, they are response
BILE to the people in their elective capacity
The exemption of the Judges from that il
quite dangerous enough. know no safe de.
pository of the ultimate powers of the society
but the people themselves: and il we think
them not enlightened enough to exercise thei
controul with a wholesome discretion, the re-
mcdy is, not TO take it from them, but to in
form their discretion by education This i
the true corrective of abuses of constitution
al power. Pardon me, sir, for this difference
of opinion. My personal interest in sucl
questions is entirely extinct-butnot mywishc
for the longest possible continuance of our 20
yernmeut on its pure principles. 1.-THE tire,
powers maintain their mutual independence