Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1857-03-14
JeHer5on's Opinions Of the Su.
preme Court.
FHtFaeta 1Eona his CorresPendenee,
10 JUICE RoASE
PoPL1R FoREsT, September 6, 1919.


as to send me. subscribe to every title of
| them. They contain the true principles of the
revolution of 1900, for that was as real a revo-
luton in the principles Of our government as
that of 1875 WINS in its form; not effected indeed
by the sword, as that, but by the rational and
principal instrument ofretorm, the suffrage of
The people.
The nation declared its will by dismissing
Etuncttonaries ofone principle and, eIecrng those
lof another in the two branches, executive and
legislative, submitted to their, election Over
the Judiciary department, the constitution had
Edepryed them Of their control That, there
fore, has continued the reprobated system and
although new matter has been occasionally in
lcorporated into the old, yet the leaven Of the
old mass seems to assimate to itSelfthe new,
and alter twenty years. confirmation ofthe fed.
Grated system by the voice of the nation declar-
ed through the medium of elections, we find the
Judiciary on every occasion still driving US on
to consolidation.
In denying the right they usurp Of exclusive
" explaining the constitution, L go further than
/ you do, If understand rightly yOur quotation
from the fsRerdlist, Of an opinion that .'tle iu-
dietary is the last resort in relation to the other
departments of the government, but not in re-
lation TO the rights Of theparties to the compact
under which the judiciary is derived" Ifthis
opinion be sound, then indeed is our constitu.
ton complete .Je1o de Sc. For intending to es-
4 t0bllSh three departments, coordinate and in
/ dependent, that they might check and balance
one another, it has given, according to this opn.
ion, to one of them alone, the right TO prescribe
rules for the government of the others. aud to
that ono, too, which is unelected by, and indie
pendent of the nation.
For experience has already shown that the
impeachment ithas provided isnot even a scare
Icrow; thatSuc opinions as the one you combat
sent cautiously ont, us you observe also, by de-
tachMent, not belonging to the case often, but
VtNt F,s k-oES
opinion beforehand to their views and to intli.
cate the line they are to walk in, have been so
j quietly passed over as never to have excited
nllinadvcrSlOn, even in n speech of any one OF
the body entrusted with impeachment. The
constitution, on this hypothesis, is mere thing
OF wax IN the hands of the judiciary, which
they may twist and shape into any form they.
Iplease.
/ 1t should be remembered, as an axiom of
eternal truth in5politics, that whatever power
IN any government is independents is absolute
also; in theory only, at first, while the spirit of
the peoplcis up, but in practice, as fast as that
reiaxes Independence can be trusted nowhere
but with the people in mass. They are inhe-
Fently independent of all but moral las Nv
construction of theconstitution is very different
from that you quote. II is thai each Ilepnrt.
ment is truly independent of the others, and
has an equal right to decide for itself what is
the meaning Of tue constitution in the cases
~ aot all. Where IT.
explain myself bv t,Et,1II :" ~
CURED while was in Office, are better known
to rue. and the principles which governed them.
legislature had passed the setlition law.
3nsIs To IT, 4ndlVl-
IN nTH;nn atlg
ss L ~
cntiys ;scEsto' 70 exc
nerIv tho, pro
tr,5oHt to
eovoIant nrFlaU " ,aSs was
oY inc
Mnrbnry, and ITa.I;Sa' az ~ te case
clorej tbat 'us Judges de-
the Pres;s,,t s1ieu anu seSlea oy
ed deemed delivery essential 10 com TeIste
of The naTt - io' q y remains , IN inc hands
onl,, INT nj =; ~ IS IN POSse
the ,omn,;ssfc,,s Oh
ITI,e,y c.,,,,rt ;.,s,,,. ..
dent or e,TsIStnTs ~ =, ~ 70 fFesl-
When thn Rr;t;s 'H''' " sucI
ont INV roris;n,, WITH,
mr. saS,no,S [1ato.;,s =, OF
senate +6o',,,t not 70 fatlly II Inc
tbonSbt that Eo,,1l m ..sH lneiF ADVICE
IsS ~ = o. t'eln when
tboy LII II should
III US 5o!llcsl1loh. Inc constitution
trsatv hut t ueoiCe NecesEy W., 70 conllTm q
iISIIe1 ~ 80 ~ - ~ 1hls mas been
Son,,I,,.ssy SVtt'S' "uH H@He never uo10ted IT'S
~
IN inc cases OF two persons, antenati, under
S sl.li!tr circumstances the federal court
t42t one OF them (Duanc) was
.i' Tue rouse OF new
CIGuclesSS iuGleTnlneu that the other fSmith of