The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-08-21
THE FEDERAL JUDICIARY.
Seventy Seven Years Ago Jefferson Said
That it Would Undermine State
Rights

seventy seven ltdIS Ago JtItlStl ho'lhh
That it Would Undermine State
Rights.
Monticello, January 6, 1921.
But there was another amendment, Of
which none of us thought at the time,
and in the omission of which turks the
germ that is to destroy this happy com
bination of national powers in the Gen
eral Government, for matters of ma
tional concern, and independent powers
in the States, for what concerns the
States severally In England it was Il
great point gained at the revolution,
that the commissions of the judges,
which had hitherto been during pleasure,
should thenceforth be made during
good behavior. A judiciary dependent
on the king had proved itself the most
oppressive of all tools in the hands IF
that magistrate. Nothing, then, could
he more salutary than change there to
the tenure of good behavior, and the
question of good behavior left to the
vote of simple majority in the two
Houses of Parliament Before the rev.
olution we were all good English Wings.
cordial in their free principles and in
their jealousies of their executive magis-
trate. These jealousies are very appa
rent in all our State constitutions. and
in the General Government, in this ~
stance. we have gone even beyond the
English caution. by requiring n vote Of
two-thirdS in one of the Houses for re-
moving a judge-a vote so impossible,
where any defense is made before men Of
ordinary prejudices and passions, that
our Judges are effectually Independent
o. the nation. But this ought not TO
be. | would not. indeed. make them de-
pendent on the executive authority, us
they formerly were in England, but
deem it Indispensable to the cOntinu-
ance of this government that they should
be submitted to some practical and inn
partial control, and that this, to be inn
parted. must be compounded of a mix
tnre of State and Federal authorities.
1t is not enough that honest men are APP
pointed judges. All know the influence
of interest on the mind Of man, and how
unconsciOusly his Judgment is warped by
that influence. TO this bias add that Gf
the esprit de corps" Of their peculiar
maxim and creed, that sit is the office
of a good judge to enlarge his jurisdic-
ton" and the absence Of responsibility,
and how can we expect impartial deciS-
ion between the General Government, Of
which they are themselves so eminent
a part, and an individual State, from
which they have nothing to hope for?
We have seen, too. that. contrary to all
correct example. they are in the habit
of going out of the question before them,
to throw the anchor ahead, and grlpple
farther hold for future advances Of
power. They are, then. in fact, the
corps Of sappers and miners, steadily
working to undermine the independent
rights of the States and to consolidate
all powers in the hands of that govern
ment in which they have so important "a
freehold estate. But it is not by the
consolidation or concentration of DOW
ers, but by their distribution. that good
government is effected. Were not this
great country already divided into
States. that division must be made. that
each might do for itself what concerns
itself directly, and what it can so mucb
better 90 than n distant authority. Ev-
cry State, again, is divided into conn
ties. each to take care of what lies with
in its local bounds; each county, again
into townships or wards to man