The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1857-04-02
politital.
Ie6erson,s Opinion of the Federal Ju-
Ea..o

fIef,erson,s Opinion OF the Federal Ju-
dietary.
There was something prophetic in JEFF
ferson's frequent warnings against the en-
croaching tendency of the Supreme Court
The danger which he foresaw from the
disposition of fthat tribunal to enlarge its
jurisdiction, was asubject of constant con-
slant concern with him during the later
years Of his life, and nothing that he has
written better illustrates the wisdom and
the forecast of this eminent statesman,
than the illusions TO this source Of dan
ger to our federal government with which
bis correspondence abounds. The recent
startling decision of the Supreme Court
gives new, if not an unexpected i'm
portance to his warnings, and furnishes
US with an excuse for recalling them to
the remembrance of our readers.
1t will be seen, by reference to his pub
lishod correspondence, that Mr.. Jefferson's
held:
First. That the federal judiciary is no
more competent to construe and inter-
pref the Constitution for the other depart
ments of government--the legislative
and executive than they are to construe
it for the Judiciary.
Second. "That each department is
truly independent of the others, and has
an equal right to decide for itself what is
the meaning of the Constitution in cases
submitted to its action and especially
where it is TO act ultimately and without
appeal"
Third. That the germ of the disso-
luton of our federal government is in the
constitution of the federal Judiciary. >
"an irresponsible body, working like
gravity by night and by day, gaining q
little to-day and a little tomorrow, ad-
vancing lis noiseless step like thief ovei
the field ofjurisdiction, untilit shall usurI
from the States and the government, til
all be consolidated into one.'
Fourth. That the tendency to consoli
date the government by strengthening
the hands of the federal judiciary, consti
tuted in his day the distinction between
Republicans and psuedo-republicans =
real federalists.
Fifth. That the judges should be ap
pointed for terms not exceeding six years
and renewable by the President and Sen
ate "the insuficiency of the means pro
vided for the removal of the judges gav'
them a freehold and responsibility il
office; their decisions, seeming to con
cern individual suitors only, pass silen
and unheeded by the pnblic at large
these decisions, nevertheless, become Law
by precedent, sapping little and little th'
foundations of the Constitution, working
its change by construction, before am
one has perceived that that invisible ane
helpless worm has been busily employed
in consuming its substance. In truth
man is not made to be trusted for life, i
secure against all liability to account"
SirA "The Judiciary of the United
States is the subtle corps of sappers ant
miners constantly working under grounc
to undermine the foundation of our con
federate fabric. They are constituting ou
Constitution from a coordination of
general and special government to gen
eral and supreme one alone. This wi
lay all things at their feet, and they ar
. too well versed in English law to forge
the maxim, '6oni judicis est ampziare ia
risdictionem.' The power of declarin
what law is, ad li5'tum, by sapping an
mining, slyly and without alarm, the four
dations of the constitution, can do whs
open force would not dare to attempt"
Seventh. " That a judiciary, indeper
dent OF king or executive alone, is goo
thing, but independent of the will of
nation, is solecism, at least in republ
can government"
How far the Supreme Court of tl
United States has justified the anxiet
which Jefferson felt and expressed in r,
gard to its influence upon the -fAd~r~l so-
ernment, we leave to the judgment of tt
public.