Alexandria gazette & advertiser. [volume] (Alexandria [D.C.]) 1822-1824, 1824-07-10
INDEPENDENCE OF THE JUDICIARY
~ d.. NE Re1,,ezp,

7, b,s letter No. K. dated Sept. q,
1908. Mr.. Adams enumerates various az
of Mr.. Jefferson's administration, W1ien ne
reprobates; as, the repeal OF the Juu,e'a,y
law, which Mr.. Adams says be always
believed to be violation OF the constl'u-
,iop:' the repeal of the taxes, SO neces-
sary to provide detences against iors W
dangers, and u diminish the nalionai oeD.;
and .tbe removals OF so many OF the Oest
men, and the appointments Oh SO many VI
! the worst -
Even legislative acts in Mr.. Jefferson's
! administration, may be ascribed TO him:
! for he had acquired such an astonishing as.
tendency with hns party, Though il would
puzzle any impartial inquirer 10 find rea'
son for ii) that the manifestation OF BIS
| wishes was sufficient powerfully 10 inF.-
| ence, il not 10 determine, the passing OF
| law And this gentleman had been sPeno'
| ing his last breath, and some OF The re-
| naming rays of his glmmtring lamp. I'd
| attempting to destroy the independence
of the judiciary .-our surest defence against
tyranny--by depriving the Judges OF tue
only sale tenure OF their office, curing
good behaviou:;' and rendering them, al
short perio'"., absolutely dependent on me
executive for disappointment, and thence.
forward, bis degraded, miserable. Corrupt
tools. Were this pernicious project TO OBJ
tain, we should no longer be governed by
ceriuin laos, but by the Oarpang passions
of our rulers Had this been ou. Judiciary
system when Mr.. Jefferson was President,
he would have hurled from the bench chief
Justice Marshal because he did not hang
Aaron Burr; although judging with the
wisdom and purity Of Hale: and the integ.
rity, ability and 6rnDess OF Holt.
1t is in his letter OF July g, 1922, 10
lieutenant Governor Barry Of Kentucky,
that we have seen preached these danger
Gus ideas. 1t is letter which ought TO
be preserved, as a characteristic memorial
| of parsonage so much celebrated as Mr.
! Jefferson. The Supreme Court OF the U.
| States, with the independence essential TO
due administration OF justice, hsd given
some decisions adverse to the pretensions
and acts of certain individual states-to
restrain them within the limits OF the con.
siiluliOn, OF which that court is the right
| ful Interpreter: and it The national legI
ture, or the Legislature OF individual states,
overlap its boundaries, that Court is The
only Constitutional Power which can bring
them back. Yet this is the power which
Mr. Jefferson would destroy. Let (aays
he) the future appointment Of Judges be
4or four or six years, and renewable by the
President and senate that is, al the
pleasure OF one man, the president, who
would or would not re nominate the judges,
according 10 their decisions on questions
affecting himself, his friends, his party,
his caprice, or bis visionary noilons; and
thus destroy the only Power whose acts he
relied on---in the highest degree to which
any human institution can be entitled 10
confidepce-as most uniformly regulated
by REASON.
Ii deserves notice, that when Mr.. JEFF
ferson wrote bis letter 10 lieut.. governor
Barry, OF the seven judges then on tie
bench OF the Supreme Court, FIVE had re-
ceived their appointments from Mr.. jet
fer on and Mr.. Madison, from their own
party The judges Marshall and Wash
ngton received their appointments IRON
MT Adams, 10 his better dsys-wheh he
was himself tederalist. Yet these de-
mocratic judges, according to Mr. Jetfer-
SON, were, by their Judicial decisions, on
solemn argument, violating the cOnsIitu-
ton, and annibiIating State Rights No;
the obvious solution at their proceedings
is this Feeling their independence of
party, and like all other mep, when not
under the bias OF personal interest, dispos-
ed to co justice; and knowing that their
reputation and future fains TO which nc ne
are ndifrren) will rest on the purify as
well as The a5aiity 0; their deiclons; they
will by their enlightened and lmpartia
Authorizations. satisfy their conseienCes,
enjoy a present reward in the appreciation
OF their fellow citizens, and transmit their
names with honor TO posterity. This is
the power and the only power, which can
present check to The National Legsla
ture, whenever its acts shall transcend the
limi's of the Constitution; ehich was in.
tended to bride the culyetngs of Con.
gress, as well as the hounderings of State
Legislatures; assemblies which, like indi.
vidual rulers feeling Power, may some.
times forget Right. This is the Power
which may decide in the last resort, the
important question now agiiatec with
great zeal and ability 10 the House OF
| Representatives, Oh the making of roads
and canals, by the authority OF The Gene
raj Government; measure warmly advo-
| Gated by some, and as warmly opposed
by others of that National Assembly =
Should ii be enacted, any Cili.;an whose
property shall be touched by the national
road or canal by inslluting an action a.
gainst the national agent, may bring the
question before the Supreme Court; and
it that Court pronounces the act unconsti.
tu,ional, that Power which holds the purse
and the sword The power SO much dread
| ed in authorization by Patrick Henry and