The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1896-09-25
JEFFERSON ON
THE JUDICIARY.
Judges Not Arbiters Of Constitutional
Questions---The Single Tri-
bunal Idea Is a Very
Dangerous One.
PEOPLE THE ULTIMATE POWER.

II there is one plank in tho Chicago
platform which the Republican news
papers Of the country have moro fire.
uuently misconstrued than another. and
against which much Of their venomous
criticism has been directed, II Is the one
which relates TO federal interference III
local affairs. or more especially TO what
is termed in the platform as govern
ment by injunction.
No sooner had the platform received
the adoption of the Chicago convention
than the cry was raised by Republican
newspapers in all parts OF the country
that the plank in question was a deiip-
crate fling at the supreme court. 1t was
even charged by some Of these jealous
guardians Of the nation that the Demo
cratic party, in adopting the income tax
plank, was aiming at a radical change
in the organization Of that tribunal.
1t is needless to say that such ridicu-
lous charges rs these were inspired by
the demon of rank political hatred rather
than a patriotic solicitude for the WEI
fare of the nation. No mar Of any In
telligence whose familiarity with the
course Of judicial proceedings in this
country for the last fe~ years is OF such
n character as TO enable him to judge
properly Of what the language means
can possibly see anything offensive In
the plank.
That the Democratic party had q
right to enter its protest against artt-
trary interference by federal authorities
is upheld not only by the spirit Of the
constitution, but also by the express
language Of Thomas jefferson himself.
Tho Sanford FLA Chronicle pub
fishes a letter dated Sept. 90. 1921, and
addressed to William G.. Jarvis, at that
time editor Of the Boston Republican,
In which MI. jefferson makes use OF
the following terse ard explicit Ian
guage:
..You seem to consider the judges rs
the ultimate arbiters Of all constitu-
tional questions, a very dangerous doc
trine, indeed, and one which would
place us under the despotism OF an oil
garchy. Our judges are as honest as
other men and not more so. They have,
with others the same passions for PER
ty, for power and the privileges OF their
corps. Their maxim is, 'Boni judicis
est amplicare jurisdictionem, and
their power the mere dangerous, as
they are in flee for life and not rcspon-
sible, as the other f~unctionaries are.
TO the elective control. The constitution
has erected no such single tribune |,
49, - .-k.tuar har1a 0nnfi6-
ed, with the corruptions Of time and
party, its members would become des'
pots. 1t has more wisely made all the
departments coequal aud cosoverei2r
within themselves. II the Legislature
fails to pass laws for a census. for pay
ing the Judges and other officers OF gov
eminent, for establishing a militia, foi
= aturalization. as prescribed by the con
!, stitution. or il they fail to meet in con
gress, the judges cannot issue theil
mandates to them"
Nothing could possibly be more di
rect than the language In which MI
jefferson addresses himself TO this i'm
portant proposition. Surely If the found
err Of the Democratic party could SO OK
press himself in regard TO an evil which
at that time was only threatened or ap
!. pretended the party itself can enter 1t
protest based upon similar views whe'
the evil which Mr.. jefferson plainl.
foresaw has already actually occurred
That q time would come when Their
would inevitably be q clash between
the legislative, judicial and executive
functions Of the government, or rather
time when each Of these function
would, to q certain extent, be concen
trated in one, and that the judicial. MI
jefferson discerned with that farseein
craftsmanship which made him one G
the greatest men Of his day.
Instead Of being uni Democratic, there
fore, the plank Of the Chicago platforr
which has been the subject OF create
abuse. perhaps. than any other, is d
rectly in accord with the espresso
views of Mr.. Jefferson himself.
To quote again the words Of I'll
great Democrat:
IL know no safe depository Of q
m ultimate powers Of society but the PEI
70 pie themselves, and IL we think the
,sg n o enlightened enough to exercise the
control with q wholesome discretion
the remedy is not to take 1t from ther
III but to inform their discretion by ed
on cation"
II the people themselves have not :
right to enter their protest against .
- evils Of the Judiciary, from what qu'
;" ter can such a protest GOMEZ
In tho clear light which the gr'
son founder Of the party throws upon
ms. Chicago platform. and especially
arm plank in question. no one q trutnin
bring the charge that the platform
not a plain and outspoken expression
iiru genuine Democracy. Atlanta Q
rad tuition.
rus, The act NJ 1878 dropped the silver
lsh lar from the standard coinage OF
~o..s~w srd vhether this act ne con