Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1857-04-09
Jefferson's Opinion of the Federal
Judiciary.

There was something prophetic in JET
ferson's frequent warnings against the en-.
croaching tendency of the Supreme Court
TIE danger which he foresaw from the els.
position Of that tribunal to enlarge its juris.
diction, was a subject of constant concern
with him during the later Gays of his life
and nothing that he has written better H.
luslra,es the wisdom and the forecast o.
this eminent statesman, than the illusions
to this source Of danger to our federal gov.
eminent v ith which his correspondence
sbounds. The recent startling decision o
the Supreme Court gives a new, if not sr
unexpected importance to his warnings, anc
furnishes US with an excuse for recalling
them to the remembrance of our readers.
II will be seen, by reference 10 his pub
lished correspondence. that Dir. JEFF, rsor
held:
First. That the federal Judiciary is nc
more competent to cunstrue and interpret
the Constitution for the other department:
OF government-,he legislative and execu.
tive-than they are to construe it for the
judiciary.
Soond. THAT each department is truly
indepen lent Of the others, and has an equa
right to decide for itself what is the mean.
ing Of the Constitution 10 cases submittec
to its action; and especially wEere it is to
act ultimately and without appeal"
Third. That "ihe germ Of The Gissolu.
tion Of our federal government Is 10 the
constitution of the federal judi,iary"--"au
irresponsible body, working like gravity hy
night and by day, gaining a little to-day
aud lit to-mnrrow, advancing its Noise
less step like thief over the field of juris-
dic,ion, until it shall usurp from the States
and the government, Till all be consolidated
into one."
Fourth. That the tendency to consoli-
date The government by strengthening the
hands of the iedetal judiciary, constituted
in his day the distinction between Repub.
cans and pseudo -Republcans-real feder-
a lists.
Fifth. That the judges should be ap-
pointed for terms not exceeding SIX years
and renewable by the President and Senate
the insufficieEcy of the means provided for
the removal Of the Judges gave them u free
hnld and irresponsibiiity in Office; their Ce-
c'sious seem ng to concern individual suit.
ore only, pass client and UNDECIDED hy The
public ut large; these decisions, nevfrthe-
less, become law by precedent, sappIng lit
tie ant little The foundations OF the Consti-
tuition. working its change by construction.
before any one has perceived that that in
visible and helpless worm has been busily
employed in consuming its substance. In
truth, man is no: made TO be trusted Tor life,
if secure against all liability to account
Sirth. "1he judiciary of the United
States is the subtle corps Of sappers and
miners constantly working under ground to
undermine the foundation Of our con federste
fabric. They are construing our Constitu-
tion from a coordination Of a general and
special government to a general and su-
preme one alone. This will lay all things
at their feet, and they are too we'll versed
in English law to forget the maxim, 'boni
judicis est amptiare jurisdictionem The
power OF declar ng what law is, ad Hbitunl,
by sspp;ng and miring, slyly and without
alarm, the foundations of the Constitution,
can DO what open force would not dare 10
attempt"
Seventh. "That Judiciary, independent
of king or executive alone, is a good thing
but independent of the will of a nation, is a
solecism, at least in a republican govern
nent."
How far the Supreme Cour, of the United
States has justified the anxiety which Jef-
ferson fel; und expressed in regard to lis
influence upon the federal government, we
leave to the judgment of the public.