The national era. [volume] (Washington [D.C.]) 1847-1860, 1859-02-24


pendence OF the other departments of the Govern
ment is given in General Jackson's veto message
of July 10, 1892
the opinion the Supreme Court covered the whole
ground of this act ii ought not to control the coordinate
authorities of this Government The Congress the Fxecu
tive and the each for itself be guided by
opinion the Constitution. Each public officer who
oath 10 support the Constitution sears that he will snort
hc understands it, and is understood by others
much the duty of the House Representatives the
Senate and of the President to decide upon the
aty OF bill resolution that be presented TO them
for passageOr approval it is Of the supreme Judges when
may be brought before them for Judicial decision The
opinion OF the judges has no more authority Congress-
than the opinion OF Congress has the judges and
that point the President Independent of both The author
y OF the supreme Court must not therefore, be permitted
to control the Congress Orie Executive wea acting in their
legislative capacities but 10 have only such influence the
force OF their reasoning may deserve"
In the celebrated of Hunter as. Martin,
"a Munford, &c. the Supreme Court of Virginia
on full argument, by elaborate and clear opin-
ions unanimously repndiate the authority of
the Supreme Court of the United States, under
the twenty-tifth section of the judiciary act l
can only give the sy llabus
81 The Court of Appeals of Virginia will consider whether
mandate issued by the Supreme Court of the United
directing tins court 10 enter judgment reversing one which
it heretofore pronounced be authorized by the Constitution
not and being OF opinion that such mandate
authorized, will dsobey II.
90 is the opinion this court that much Of the TWEEN
tyhh section o the act OF Congress passed September "a
1859, entitled An act to establish the judicial courts of the
United States exeuds the appellate jurisdiction Of the
Suprme Court Il the United States judgments pronounced
by Supreme Court OF State not warranted by the Con
sttution.'
The opinions of Mr.. Jefferson, after witnessing
the insidious encroachments of the Federal court,
are well known. give few extracts from his
correspondence
E5tyac from a letter 10 fudge Roaas dated Iqar Forest
September G. 1919
In denying the right they usup Of exclusively explain
ing the Consultation further than you understand
rightly your quotation from the Federas OF opinion that
!
Bet the Government but relation the rights
the parties the compact which the judiciary
rived this opinion be sound then indeed, Consti-
tuition complete felo de- For intending establish three
dcTs,rtmens coirduao and indepennci that they might
check aud balance another, il has gwen according 10
Ibis OPINION them alone the right 10 prescribe rules
for the government 81 the others and 70 that one 100 wnch
is un,eCt,4i bv and independent Of the nation"
The Consultation this hypothesis is mere thing of
wax IN the of the judiciary which they may twist and
shane INTO any form they please. IL should be remembered,
as an eternal truth in politics that whatever power
in ony Government is independent is absolute also in
theory only at first while the spirit the people is up, but
in practice fast that reaxes independence can DC
trusted nowhere but with the people They are in
hereutly independent but law. My construction
of the Constitution very different from that you quote
- t each epartmcnt is truly independent of the others
and has AN equal right decide for itself what the mean
ing Of the Constitution in the submitted to IT'S acu"h
az, osncciaIIv where il is Ia act ultimately and without ap
neal Twill explain myself by examples which having occur
red while Office, better known to me ana Inc
panciplcs which govern them"
Extract from better to Mr. JarUis, dated Monticello, Se"'
per rs, 1920
You seem in pages and las consider the judges as
the ultimate arbers Of all constitutional questions very
dangerous doctrine indeed, and which would place "
under the desposm Of ogarchy. Our judges are as
est as other and not They have, of
the passions for party for power and the
corps. Their maxim is, bonn Jticts esq as they
riscioera and their the more daIae other func
are in life and not Responsible Constitution has
tonares the elective CONTROL that 10 whatever
erected such single tribunal of time and Marty lis
hands conGdcd, with the corru' 4 has more wisely made
members you'd BECOME desIfd co sovereign within them
all the departments coeqras pass census for
selves. the Legfsatiler Offices of the Government
paying the judges a naturalization prescribed by the
establishing mtSy fail to in Congress- the judges
Constitution, orr psdnddnaus TO them the
cannot ISSUE pace "a judge TO appoint other civil mill
to supplys, 10 issue requisite commissions the judges
tary c him. They can issue their Dondanus diJrngus
executive or legislative officer enforce tho fanent
kcir official duties, any than the President Legs
tfure may issue ORDERS 20 the judges their ofcers
Extract from letter b Thomas Richie dated Monticello
ceEaber 25, 1870 'f
The judiciary OF the United the subtle corps OF
sappers and miners constantly working under ground to un
dermine the foundations or confederated fabric
constituting our Constitution from ordination gen
eral and spechl goyernen TO general and supreme
alones' -f
Extract from letter o Architad Threa dated Monticello,
January 49, 1921
The legislative and executive branches may sometimes
err, but elections and dependence will bring them rights
The Judiciary branch Is the instrument which, working like
gravity without mternission to at last into
consolidated mass Against this know who equally