Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1857-03-23
bereavement. Of .he Judiciary.

The republican Chairman Of the Senate Judic
larry Committee, in the course of his speech in
defence Of his bill to repeal the law Of 1856 Civ
ing jures the right to Judge of the law as well
the fact, in their verdicts, argued against the
truthful remark of Senator on the other side,
that popular liberties had been lost by the
judges, by advancing the antreoublican, des-
potic idea -" That whenever a republic chad
been destroyed, it was done by the mob, who re-
fused to fulfil the regularly established laws"
Senator Hoar also advanced the absurd idea, that
the principal opponents of his doctrine were
found among the monarchists and federalsts OF
former times, whereas the statesmen and jurists
of more democratic sympathies, he pretended,
favored his theory.
In refutation Of so unjust stigma upon the
Democratic statesmen Of the early days OF the
Republic, we have already given a sample of the
views Of Thomas Jefferson, the great father of
Democracy, as well as of John Adams and Alex
ander Hamilton, upon popular rights in trials by
jury, fully sustaining our position. We now
propose giving further quotations Of Mr. Jeffer-
sons sentiments upon the imminent danger of the
subversion Of popular liberties in this country,
through the usurpations and encroachments of
the Judiciary. In letter to a timid and con
sentative friend, who seemed to be possessed of
similar notions to those which now harrass Sena-
tor Hoar, Mr.. Jefferson said, Sept. 49, 1920:
You seem to consider the judges as the ulti-
mate arbiters Of all constitutional questions-a
very dangerous doctrine indeed, and one which
soouSa place US under the GespotiSm of an oltgar-
chg. Our judges are as honest as other men, and
no more so. They have with others, the same
passions for party, for power and the privilege Of
their corps. Their power is the more dangerous,
as they are in office for life and not responsible
as the other functonsres are to the elective con-
troll. The judges certainly have
more frequent occasion to act in constitutional
questions, because the laws of nleun. and teuDl
and of criminal action, forming the great mass of
system Of law, constitute their particular de-
partment When the legislative or executive
functionsries act unconstitutionally they are re-
sponsible to the people in their elective capacity
The exemption of the judges from that is quite
dangerous enough. know of no safe depository
OF the ultimate powers of society, but THE PEo-
PIE themselves; and if we think them not en-
hghtened enough to exercise their control with a
wholesome discretion, the remedy is not to take
1t from them, but to inform their discretion by
education. THIS is the true corrective of abuses
Of constitutional poioer"
This is the true doctrine to which we COM
Of the Legislature, but the self-styled Democracy
Of this day, who have so shamefully departed
from the doctrines and policy laid down By their
great champion in the early days of the Repub-
lie Recent edicts from the Supreme Bench, we
should suppose, would satisfy every one not ut
terly callous to all rational impressions, des-
titute of all republican ideas, that it is very
dangerous doctrine, indeed, and one which would
place US under the despotism of an oligarchy,"
40 consider the judges as the ultimate arbiters
fall constitutional questions" In such times
as the present, there is, emphatically and truly,
no safe depository Of the ultimate powers Of So
ciety but in THE PEOPLE themselves" If the
people are mot enlightened enough" to exercise
their full right to pass upon constitutional ques-
tions, upon the jury or elsewhere, i" the only
true corrective and remedy is lin the words Of
Mr.. Jefferson) to inform their discretion by edu-
cation" not to take from them their long vested
right to consider both law and fact in criminal
prosecutions.
In a letter to Thomas Richie, in singular
prophecy, recently fulfilled the danger of los
ing cur Republican liberties through the applica
tOn Of the despotic theory now enunciated by
conservative Republicans and bunker Demo
Gratis, Mr.. Jefferson said, Dec. Is, 1920
"The Judiciary of the United States is the sub
tie corps Of sappeTs and miners working under
ground 70 undermine the foundation of our con
federated fabric. They are constituting our Con
stitution from coordination of general anC
special government to general and supreme on,
clone. This will lay all things at their feet ant
they are too well versed in English law to forge
the maxim, boni judics est ampliare iurisdic
tionem.' We shall see If they are bold enough Il
take the daring stride their five lawyers have late
ly taken. II they do, then with the editor of oul
book, in his address TO republic l will say tina
against this every uan should raise his voice. anC
more, should UPLIFT HIS ARM. Having founC
from experience that impeachment is an imprac
ticable thing, mere scare-crOw, they conside
themselves secure for life they skuik from re
sponsibility to public opinion the only remaining
hold on them under practice first introduced in
10 England by Lord Mansfield. An opinion il
huddled up in conclaYe, perhaps by majority o
one, delivered as If unanimous, and with the 81
lent acquiescence oflazy or tmid associates, by
crafty chief judge, who sophisticates the law t
h'a mind, BY the turn Of his own reasoning"
10 use such language now, would be deemed
oy some, speaking rather dlsrespectfally' Of
those high fanctionaries who now Eliminate their
arbitrary dieta from the Supreme Bench Int n Il
none the less true and prophetic for that Ifanv
fanatic " nowadays had so expre..ed b,,r,.It
Il would be termed "wild and crazy radiealism .
Every word Of the above extract rom JefTer.on
will apply with extraordinary aptness to the -.
cent decision in the bred Scott case.