The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1896-09-06

effect of the decision to-day is to
give to certain kind of property
position of favoritism and advan-
tage that is inconsistent with the
fundamental principles of our So
cial organization, and to invest 1T
with power and influence that may
be perilous to that portion OF the
American people upon whose shout
ders rest the largest part of the
burdens of government, and who
ought not to be subjected to the
dominion of aggregated wealth,
any more than the property of the
country should be at he mercy of
the lawless."
We make space for one more quota
ton that shows that Justice Harlan
thought some party ought to try to
secure such a change whereby wealth
should bear its proportion of the bur
dens of government:
"While / have no doubt that
Congress viii find some means of
surrounding the present crisis, my
fear is that in some moment of
national peril this decision will
rise up to Illustrate its will and
paralyze it's arm. / hope it may
uOb ItIONC NIlC III St 0bCp tOWald OtAN
submergence of the liberties of the
people in sordid despotism of
wealth. Believing, as L do, that
the decision of the court in this
great case is fraught with immeas-
urable danger to the future of the
country, and approaches the pro-
portion of a national calamity, |
feel il a duty to enter my protest
against it..
Reverence for the decisions OF courts
has not declined. There has never
been a day when the judgments of the
courts were received with more respect
than now. But there ought never TO
come a day when the people will accept
divided decision of the Supreme
Court oyerturning the rulings of the
court for an hundred years, without
some protest, particularly when the
new decision is attendant with the
change of opinion by one justice, as
in the income tax decision.
Mr.. Jefferson was a pretty good
Democrat in his time, and even to this
day many people regard him as au-
thority upon what Democrats could
do with propriety. The boiling Demo-
Gratis in Pennsylvania, Massachusetts,,
and other States, in which they are not
permitted by law to call themselves
Democrats, have chosen the name of
'The Jeffersonian party" They can
not therefore object to following the
precedent set by Mr.. jefferson. Writ
ing to Thomas Richie, December 25,
1920, the sage of Monticello, who evil
IDENTIFY had the flop of Judge Shiras
in mind, said:
''But it is not from this branch
of government (the legislative) we
have most reason to fear. Taxes
and short elections will keep them
right. The judiciary of the United
States is the subtle corps of sap
pers and miners constantly work
ing underground to undermine the
foundations of our confederated
fabric. A judiciary indie
pendent of a king or executive alone
is good thing, but independence
of the will Of the nation is a sole
cism, at least in a Republican gov
eminent"
On January 10Th, 1921, writing ON
the same subject to Archibald Thweat,
jefferson said:
IF Congress fails to shield the
States from dangers so palpabIe
and so imminent, the States must
shield themselves and meet the in
vader foot to foot
\ decision of the Supreme Court in
the case of Cohens VS.. Virginia, affirm
ing the power of the Supreme Court to
reverse the decision of State Supreme
Court on the validity of State law
under the Federal Constitution, did
not please Mr.. Jefferson and he wrote
on August 18th, 1921, to C. Hammond:
1T has long been my opinion,
and i have never shrunk from its
expression although l do not
choose to put it into newspaper,
nor like Priam in armor, offer my
self it's champion) that the germ of
dissolution of our Federal govern
ment is in the Constitution of the
Federal judiciary, an irresponsible
body flor impeachment is scacely
a scarecrow), working like gravity
by night and by day, gaining lit
tie to-day and little tomorrow,
and advancing its noiseless step
like a thief, over the field of juris-
diction, until all shall be usurped
from the States, and the govern
ment of all be consolidated into
one. To this am opposed; be-
cause, when all government, do
nestle and foreign, in little as in
geat things, shall be drawn to
Washington as the center of all
power, it will render powerless the
checks provided of one government
on another and will become as
venial and oppressive as the govern
ment from which we separated. Tt
will be as in Europe, where every
man must be pike or gudgeon, ham
mer or anvil"
These quotations might be multi
piled indefinitely, showing that Mr..
Jefferson never hesitated to express
himself upon the defects of the Federal