The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1898-08-23
THE FEDERAL JUDICIARY .
Seventy Seven Years Ago Jefferson Sad
That it Would Undermine state
Monticello, January 6, ISL.

Monticello, January &, ISL.
Rut there WAS another amendment, aJ
which nome of us thought at the tlmv
and in the omission Of which lnrkN ihr
Germ that is to destroy this happy com
bination of national powers III the zen
eral Government, for matters OF Hi
tional concern. and independent power
in the States. for what concerns 'h'
STATES seyeraily. In England II was "a
Great point gained ut the revolution.
that the commissions of the Judge.
which had hithcrto been during pleasure.
should thcnceforth be made durlh2
GOOD behavior. \ judiciary dependent
on the king had proved itself the most
oppressive of all tools in the hands !
that magistrate. Nothing, then, '"'Iia
be more Salutnry than Il change Their" io
the tenure Of good behavior, and the
question of good behavior left I" TIM
vote Of Il simple majority III the Nv"
Houses of Parliament. Before the rev
olution we were all good English Wing.
cordial in their free principles and III
their iealouSies of their executive magl~
trate. These jcaiousies are very appa
rent in all our State constitutions. ani
in the General Government. III this 81.
stance. we have gone even beyond the
English caution. by requiring Il vote of
twO-thirdS in one of the Houses for re
moving Il judgc-a vote 50 lfnpoSSlbi',
where any defense is made before men OF
ordinary prejudices and passions. thar
our Judge are p~ffectually independent
o. the nation. But this ought not f."
be. | would not. indeed. make them a."
pendent on the executive authority.
they formerly were in England, hut !
deem it Indispensable to the coutina-
ance of this government that they should
be submitted to some practical and ina
partial control. and that this, to be- IN
parted. must be compounded Of Il mlE-
tnre of State and Federal authorities.
1t is not enough that honest men are ap
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 If
the esprit de corps Of their peculiar
maxim and creed. that 1T is the office
Of 4 good Judge to enlarge his JurlSdir-
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 gripple
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 50 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 tins
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 much
better 90 than n distant authority. Ev-
cry State, again, is divided into coun-
ties. each to rake care Of what lies with
III IT'S local bounds; each county, again
INTO townships or wards to man
age mlnuter details, and every
ward INTO farms. to be governed each
by It's individual proprietor. Were W.
directed from Washington when to SOW
ana when to reap we should soOn want
bread. 1t is by this partition Of cares.
descending in graduation from general
to particular. that the mass Of human
affairs may be best managed for the
good anu prosperity Of all. repeat.
fhat | do not charge the Judges with
Wllful and ill-intentioned errors. hut
honest error must be arrested. where its
liberation leads to public ruin. As. for
the safety Of society. we commit honest
manlacs to Bedlam, 50 judges should be-
WIthdrawn from their bench whose er-
roneous bases are leading us 10 di<-
solution. 1t may, indeed. iniure them in
lame or fortune. but it saves the Re-.
public, which is the first and snpramr
law.
IIOS. JEFFERSON