Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1857-04-06
Mr.. Jcaeraon,s prediction. FpIaIIod.

We have already given many extracts from the
writings of Mr.. jefferson, prophesying the worst
results from the encrC achmens Of the federal Ju-
dietary upon State rights, and the rights OF the
people. The danger he dreaded, and the evils he
portrayed with such a master hand, third OF
a eentury ago, have come to be serious and por-
tent Gus realities in day. The Supreme
Court now the complete embodiment of the slave
mower. entrenched behind the shield Of irrespon-
sibity to the people, arrogates to itself the pow
ers of absolute government and exercises it to
extend the worst of despotism. From their SUI
perclous position of unaccountability to the peo-
pie, the judges assume airs of defiance, not
only of the popular will, but of the coordinate
branches of the government trampling upon the
nights Of the people and of the States with auda-
cious tread. Their decision in the bred Scott
case if submitted to- is total nullity Of the rights
of all residing in one half of the confederacy. If
their assumptions are yieldedto, this government
is no longer republic, but consolidated des-
potism, with the slave power, embodied in the
Supreme Bench, for its head. The following ad
dtional extracts from the opinions of Mr., Jeffer-
son, contained in letters written by him thirty
five years ago, apply, well as the Others we
have already quoted, with startling significance,
to the recent decision in the of bred Scott
Said the great father of Democracy, in 1922
ave already see the power installed for life,
responsible to no authority flor impeachment is
not even scare-crow,) advancing with noiseless
and steady pace to the great object OF consolda-
ton. The foundations are already deeply laid by
their decisions for the annihaton of constitu-
tional State rights. This will not be borne You
will have to choose between reformation and rev.
olution. II know the spirit of this country, the
one or the other is inevitable.
Contrary to all correct example, they go out of
the question before them, to throw an anchor
ahead. and grapple further hold for further adj
yances of power. They are, then, in fact, the
corps Of sappers and miners, steadily working to
undermine the independent rights of the States.
Nothing in the Constitution has given them a
right to decide for the executive more than for the
executive to decide for them.
The opinion which gives to the judges the right
to decide what laws constitutional and what
not, not only for themselves in their own sphere
Of action but for the Legislature and executive
also ia their spheres, would make the Judiciary
despotic branch.
Ii this opinion be sound, then, indeed, is our
Constitution complete felo de Sc For intend
ing to establish three departments, coordinate
and independent that they might check and conn
terbalance another, it has given, according to
this opinion, to one of them alone the right to
prescribe rules for the government of the Others
land to that one too, which is uneleeted by, and
independent Of the nation"
Again, in letter to Judge Livingston, March
25, 1926 almost the last expressed opinion of his
life, Mr. Jefferson wrote:-
One single object of your provision
attained it will enttle you to the endless graft
tude of society; that is of restraining judges from
ttsWrping legislation And with no body of men
is the restraint more wanting than with the Judg
es of what is called the general government
They are practising on the Constitution 6Q t.fer-
e1lcsS and aaalogies, and sopLiSns, they could
on an ordinary lao. They do not seem aware
that it is not even Constitution formed by sim
gle authority, and subject to single supeTiR-
tendenee and control but that it is compact of
many independent powers. every single one Of
which claims an equal right to understand it, and
to require its observance. However strong the
cord of compact may be. there is point of ten
sion at which it will break. They mag
inc they can lead as into consolidated govern
ment while their road leads directly to ats dlSSoa
tion, This member of the government 1.-THE judi
ciary1 was at first considered the most harmless
Of all its organs. But it has proved that the pow
er of declaring what the law is ea Hbitana by sap
ping and mining, slyly, and without alarm, the
foundations of the Constitution, do what
open force would not dare to attempt"
II dissolution of this federal government is
brought about, it is plain that it will be done
in consequences of the usurpations of the federal
judciary,as prophecied by Mr.. Jefferson above
Il will be the result Of just such bold stretches Of
jurisdiction as they have recently been guilty Of
In view of the plain rights of the States, as in
terpreted by Mr. Jefferson, we trust the Legisla-
ture of Massachusetts will take such action in re-
lation to the bred Scott decision as becomes her
prerogatiye as a sovereign State. We hope no
fears of encrOaching upon the federal authority
will deter the committee which have the subject
in charge, from coming square up to the mark in
the full assertion of the Jefferson doctrine oState
rights and State sovereignty. This Jefersonian
doctrine, carried out can lead to nothing less than
the guarantee of freedom and citizenship to every
person unconvicted of crime, irrespective of color,
who dwells within the limits of our beloved Com
mo1wealta, Judge Taney's decision to the con
trary notwithstanding.