Minnesota weekly times., 1857-04-18

Wnlcn ne IoreSaW from tne dlspoetlOn or that trl-
bunal to enlarge its Jurisdiction, was subject of
constant concern with him during the later years
of his life, and noting that he has written better
illustrates the wisdom and the forecast of this
eminent statesman, than the illusions to this
source of danger to our federal government with
startling decision of the Supreme Court gives a
new, if not an unexpected Importance to his
warnings, and furnishes us with an excuse for
recalling them to the remembrance of our read
ers.
twill be seen, by reference to his published
correspondence, that Mr.. Jefferson held
First. That the federal judiciary is no more
competent to construe and interpret the constitu-
ton for the other departments of government
the legislative and executive-than they are to
construe it for the judiciary. o.r
Second. "That each department is truly inde-
pendent OF the others, and has an equal right
to decide for itself what is the meaning of the
constitaton in cases submitted to its action and
especially where it is to act ultimately and with
out appeal"
Third. That ''the germ of the dissolution of
our federal government is in the constitution of
the federal judiciary - an irresponsible body,
working like gravity by night and by day, gain
ing little to-day and little to morrow, advan-
cling its noisaless step like thief over the field
of jurisdiction, until it shall usurp from the
States, and the government till all be consolida-
ted into one.'
Fourth, That the tendency to consolidate the
government by Strengthening the hands of the
federal Judiciary constituted in his day the dis
tinctiol between Republicans and pseudo repub-
licans--reaI federalists.
Fifth. That the judges should be appointed for
terms not exceeding six years, and renewable by
the President and the Senate s:the insuficiency
of the means provided for the removal of the
judges gave them freehold and responsibility
in office; their decisions, seeming to concern indi-
vidual suitors only, pses silent and unheeded by
the public at large these decisions, nevertheless,
become law by precedent, sapping little and lit
tie the foundations of the constitution, work
ing its change by construction, before any one
| has perceived that that invisible and helpless
worm has been busily employed in consuming its
| substance. lp truth, pan is not made to be
trusted for life, il secure against all liability to
| account" s 9
Sixth. "The judiciary of the United States is
the subtitle corps OF sappers and miners constant
| ly working under ground to undermine the foun-
| dation of our confederate fabric. They are CON-
STRUNG our constitution from coordination of
general and special government to general
| and supreme one alone. This will lay ali things
at their feet, and they are too well versed in Eng
lish law to forget the maxim, 'boni judicis est
anptiare jurisdict,onem.' The power of declar.
ing what law is, ad libitum, by sapping and mi
ming, slyly and without alarm, the foundations of
| constitution, can do what open force would not
dare to attenpt.Y
| Seventh. "That judiciary, independent of a
king or executive alone, is good thing, but in
| dependent of the will of nation, is q solecism,
| at least in a republican government"
How far the Supreme Court of the United
States has justified the anxiety which Jefferson
felt and expressed in regard to its influence upon
the federal government, we leave to the judgment
! of the public.