Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1857-03-26
Jeferson's opinion of the Federal Ju-
dietary.

There was something prophetic in Jefferson's
frequent warnings against the encroachlng ten
denotes of the Supreme Court. The danger
which he foresaw from the disposition of that
triuna to enlarge its jurisdiction, was q sub
ject of constant concern with him during the
later years of his life, and nothing that he has
written better illustrates the wisdom and the
foretaSte of this eminent statesman than the
illusions to this source of danger to our fede-
raj government with which his correspondence
abounds. The recent startling decision of the
Supreme Court gives new, if not an unex-
pected Importance to his warnings, and fur
nshes us with an excuse for recalling them to
the remembrance Of our readers.
1t will be seen, by reference to the extracts
which we quote, that Mr. jefferson held:
First That the federal judiciary is no more
competent to construe and interpret the con-
sttuton for the other departments of the go
vernment-the legislative and eXccutve-than
they are to construe it for the judiciary
Second That each department is truly in
dependent of the others, and has an equal
fright to decide fer itself what is the meaning
" of the constitution in the cases submitted to
q" it's action and especially where it is to act
ultimately and without appeal"
Third That &" the germ of the dissolution
" of our federal government is in the consttu-
" ton of the federal judiciary "--'' an irrespon-
" sble body, working like gravity by night and
" by day, gaining little to-day and little to-
morrow, advancing its noiseless step like a
thief over the field of jurisdiction, until it
shall be usurped from the states and the
government of all be consolidated into one"
Fourth. That the tendency to consolidate
the government by strengthening the hands OF
the federal judiciary, constituted in his day the
distinction between Republicans and pseudo
republicans federasts.
Fifth. That the Judges should be appoint
ed for terms not exceeding six years, and re-
newabIe by the President and Senate, " the
insufficiency of the means provided for the
removal of the judges gave them a freehold
and responsibility in Office their decisions,
" seeming to concern individual sutors only,
pass silent and unheeded by the public at
large these decisions, nevertheless become
Z" law by precedent, sapping by little and little
al the foundations of the constitution, working
{" its change by construction, before any one
20 has perceived that that invisible and helpless
worm has been busily employed in consum.
Ing llS SuDSldlCt HI llutu, Uuu 10 lOl
made to be trusted for life, if secure against
all liability to account"
Sirth. The Judiciary Of the United States
" is the subtle corps of sappcrs aud miners
" constantly working under ground to under
mine the foundation of our confederate fabric
They are constituting our constitution from a
coordination of general and special 60
" vernment to general and supreme one alone
This will lay all things at their feet, and they
" are too well versed in English law to forget
" the maxim, boni judjcis est 0mpiiare juris-
% didi0nem' The power of declaring what the
q law is, ad HJitum by sapping and mining
slyly and without alarm, the foundations OF
"the constitution, can do what open force
would not dare to attempt"
Secenth That a Judiciary, Independent oI
/" a king or executive alone, is good thing
I" but independence oftJh will of the nation
is a solecism, at least in a republican govern
ment."
How far the Supreme Court of the United
States has justified the anxiety which Jeffer
son felt and expressed in regard otis influence
upon the federal government, we leave to the
judgment of the public-ErenjMg Post.