The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-09-17
JEFFERSON AND THE FEDERAL
JUDICIARY.


JUDICIARY.
In reply TO a correspondent, a few days
ago, who asked If Thomas Jefferson ever
said OF the federal judiciary They are
the sapper and miners of the Constitu-
ticn," the Journal stated that from JEFF
that he did use the expression, though it
could not speak positively. Further ex-
animation of Jefferson's correspondence
enables us to locate the expression. 1t
occurs in a letter written to Thomas
Richie, dated Monticello, Dec. rs. 1920,
in which. after censuring Congress Tor
| reckless legislation, Jefferson said:
But it is not from this branch of govern
ment we nave most to fear. Taxes and
short elections will keep them right. The
judiciary of the United States is the subtle
working under ground to undermine the
foundations > Of our confederated fabric.
A judiciary independent of a king
dependence of the will of the nation is a
solecism. at least in a republican govern
ment.
In the last sentence of this quotation
Jefferson advanced the extraordinary
doctrine that the judiciary ought not to
be independent of the will Of the nation.
which is bu another expression for pop
ular clamor.
The foregoing is not the only passage in
Jefferson's correspondence that showed
his distrust of and hostility
to the federal judiciary. In a
letter to Archibald Thweat. dated Mon
ticello, Jan. 10. 1921. he said: 1.-The legisla-
tive n executive branches may some
times err, but elections and dependence
will bring them to rights. The judiciary
branch is the instrument which, wording
like gravity. without intermission. is to
press us a.. last into n consolidated
mass In a letter to C. Hammond, Aug.
IS, 1921, he said: "It has long been my
opinion that the germ of dissolution Of
our federal government it in the con-
stitution of the federal judiciary, an
irresponsible body. for impeachment is
scarcely a scarecrow, working like gravi-
ty by night and by day, gaining a little
to-day and a little tomorrow, and adj
vancing its noiseless step like a thief,
over the field of jurisdiction, until all
shall be usurped from the States, and
the government of all be consolidated
into one"
In a letter to William T. Barry, July 2,
er installed for life, responsible to no
authority. for Impeachment is not even
a scarecrow, advancing with a noiseless
and steady pace to the great object of
consolidation. The foundations are al
ready deeply laid by their decisions for
the annihilation Of constitutional State
and the removal of every check,
every counterpoise to the enguling pow
er of which themselves are to make a
sovereign part In a letter to Judge
johnson, March A., 1923. he said: There
Is no danger / apprehend so much as
the consolidation of our government by
the noiseless and. therefore, unalarming,
instrumentality OF the Supreme Court"
Finally, in a letter TO Edward Livingston.
March rs. 1895, speaking of the federal ju-
dietary, ne said: This member Of the
was at first considered the
most harmless and helpless OF all its or
gans. But it has proved that its power
of declaring what the law is, ad lbitum,
by sapping and mining. slyly and with
out alarm, the foundations of the Consti-
tuition, can do what open force would not
dare to attempt"
No further evidence need be cited to
show Jeferson's strong distrust of and
hostility to the federal judiciary. 1t led
him, while Vice President. to draft the
kentucky resolutions of 1898, which were
the cornerstone of the State sovereignty
sion. Mr.. jefferson placed these resolu-
tons In the HANDS of a member OF the
Kentucky Legislature to be introduced
in that BODY, with a solemn injunction
not to let their authorship be known.
and it was not known till years after
ward.
Jererson's hostility to the federal ju-
dietary. and especially to the Supreme
Court, grew out of his intense partisan
ship and his suspicious nature. He was
a strong State rights a n hated the
Federalists. 1t CALLED him to see Chief
Justice Marshall. a Federalist. constru-
ing the Constitution in such a way as to
strengthen the federal government and
cement the Union. To him this was dan
gerous aggression on the rights of the
States and the liberties Of the people.
He hated the Federalists so intensely
tina he believed federal judges capable
of deliberately .conspiring to undermine
and destroy the Con iitution. Chief JUS
tice IN Marshall is generally regarded
now. as the greatest judge this country
has ever produced. and especially the
greatest e~xpounder of sound constitu-
tional law. Jefferson regarded him as a
sapper and miner OF the Constitution,
one who by dark and devious ways and
with stealthy design, was trying to de-
stroy the framework OF the government.
II Jefferson were alive now he would
be a Pooulist and a Debs man. He
would stand with Senator Voorhees, and
other populistic demagogues in denounc-
ing the aggressions OF the federal ju-
dietary. He would be Mortified at the
patriotic doctrine u by Attor-
n~ey-xeneral olney that within the lin