The Davenport daily gazette. [volume] (Davenport, Iowa) 1856-1869, 1857-03-23

FroU Me n. 4. Rventne teAs.l
Js1snsa's opinieA Of IL Federal yldlelesy;.
~ sSGstliiRiSI tDpNsfic IN sJe1tet-
sonic feeenens arnings against the on.
creeehin& tSndsnciss OF the Supreme CoNrt.
Tie dagger which he toresAw from the dls-
position Of hat tribunal to enlarge IL jefis.
dieeaon, vas subject Of constant concern
With him during the later years Of his life,
an nothing that he has written better IL
lusltstee IL Weldon and the forecaste Of
thls eminent statssmsn than the illusions
to this source Of danger to our federal gov
eminent with which HE correspondence
,abeSade, Tie recent startling decision Of
the Supreme Court, givss q new, IL not
IN unexpected inportsucs 10 his wasnings.
calling them to the remembrance Of our
readess. t8
II will b seen, By reference to the sx-
tracts which We quote, what Mr.. Jefferson
held: a
Fret. That the federal judiciary is no
more competent 70 construe and interpret
he Constitution for the other departments
Of the aovsrnmsnt-the legislative and q.
scusive-than they are to construe II for tho
judiciary.
Second. "Thst each department 10 tru.
ly independent, Of the others, and has an
actual right to decide Tor itself what 10 the
meaning Of the Constitution in the cases
submitted to its acdon; and especially
where tits 10 oct ultimately and without sp-
peal"
Third. That"lhe germ Of the dissolution
Of our federal government 10 In the con-
sutution Of the federal judiciary"--"an ir.
responsible body, working like gravity BY
night and BY day, gaining little to-day and
| little tomorrow, advancing its Roiseless
step like thief over the Geld Of jurisdic.
ton, until it shall be usurped from the
States, and the government OF oil DO con-
solidsted into ons."
Fourth. Tha. the tendency to consoli.
date the government by strengthening the
hands of the federal judiciary, constituted
| in his day the distinction between Repub.
icans and pseudo-R spublicans-rsal fsdsr-
alists.
Fifth. That the Judges should BE- sp.
pointed for terms not exceeding six years
and renewable BY the President and Senate
athe insu1icisncy Of the means provided FOL
the removal Of the judges gave them free.
bold and irresponsibility In ONCE; their de.
cisions, seeming to consern individual sui
tors only, pass silent and unheedsd, BY the
public ct large; these decisions, neverthe.
less. become law BY precedent, sapping BY
little and little the foundations Of the con-
stitution, working its charge by construc.
| tlon, before any one has perceived that
that invisible and helpless worm has been
busily employed in consuming it, substance.
In truth man 10 not made to be trusted
for life, If secure against oil liability to
account"
Sixth. .The Judiciary Of theU nited States
10 the 81 bile corps Of sappers and miners
constantly working under ground to under.
mine the foundation Of our confederate
fabric. They are constituting our Cons,itu-
ton from q coordination Of general and
special government to q general and su-
preme one alone. This will lay all things
at their feet, aud they are too we'll versed
in English law to forget the maxim, 'boni
judieis nt smpliare jurisdictionem.' The
power Of declaring what the law is, I'd iDs-
fun, by sapping and mining, sly ly and with.
out alarm, the foundations Of the Constitu.
ton. can do what open force would not dare
to attempt"
Seventh. "That a judiciary, independent
OF king or executive alone,i 10 good thing,
but independence Of the will of the nation
Is solicism, at least in republican gov.
ernment."
How far the Supreme Court of the Uni
ted States has justified the anxiety which
Jefferson felt and expressed in regard to
its influence upon the federal government,
we leave to the judgment Of the public.