The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1908-03-17

he may Dullify all measures adopted
by the States which do not please
him. 80.
Our condition in these respects is
worse to-day than it was in 1898,
when Jefferson and Madison aroused
the nation with the Kentucky and
Virginia resolutions. Federalism, or
nationalism, as it is now called, had
then run wild, indeed, under John
Adams; but not so wild as it has run
under Theodore Roosevelt. Many
useless offices had been created as
means of propagating the faith and
perpetuating the power of the Fed
eralist party; but the number was
insignificant, and the emoluments
still more Insignificant, when compar-
ed with the $4,000 new offices and
S36,00O,000 in salaries created by
the Fifty-eighth and Fifty-ninth Con-
crosses. The alien and sedition laws
had been passed by Congress under
the whip and spur of the Admins
tration in violation of the Constitu-
ton; but those were as nothing COM
pared with the tariff bills, the sub
sidy bill, the financial bills, and other
measures intended to benefit special
interests at the expense of the public,
which have passed this House in re-
cent years. Nor were the direct usur-
pations of undelegated powers, COM
mitted by Adams to be compared with
! those which the present President has
committed.
I have not the time to 60 into the
Details of all these matters; but In
respect to the juriciary system, as
it was treated by the Sixth Congress
under Adams and the Seventh under
Jefferson, 1 wish to speak at length,
in order to show that Congress has
complete authority to destroy, as we'll
as to create, courts inferior to the
Supreme Court, and therefore to abol-
ish judicial Offices and to deprive
those persons who hold them of
their salaries.
After Jefferson had been elected
in 1900, and before he had taken his
seat in 1901, President Adams con-
ceived the design of perpetuating his
policies enemies of the Con-
stitution have policies Great
ing new Federal courts and filling
them with judges who could be de-
pended on to nullify any law passed
by the new Congress or by any State
legislature which might conflict with
his monorchial policies. In his fourth |
annual message, November %, 1900, !
he said:
1t is in every point of view of such
primary Importance to carry the
laws into prompt and faithful exc
cution, and to render that part of |
the administration of justice which |
the Constitution and always devolVe
their present circumstance, that /
can not omit to once more recommend
to your serious consideration the
judiciary system of the United States.
And having received from House
of Representative devoted to his
service a complacent reply, he added
on the 9th Of November the fol-
lowing:
i thank you, gentlemen, for your
assurance that the various subjects
recommended to your consideration
shall receive your deliberate atten-
tion.
The President was greatly inter-
ested in the Improvement OF the
judiciary system. He contended that
after courts had once been created
and judges appointed these courts
could not be abolished or those
judges removed by Congress.
In pursuance of this theory, the
Sixth Congress, the last Federalist
Congress, with its expiring gasp,
passed "An act for the more conven-
lent organization of the courts OF
the United States" which was ap-
proved by President Adams. Febru-
ary 13, 1SO1-less than month be-
fore Jefferson was inaugurated.
This act created certain new courts,
called Circuit courts of the United
State" In virtue of appointments
made by President Adams in pursu-
ance of this act, William Tilghman,
oliver Wolcott, Richard Bassett'
Charles Magill, Samuel Hitchcock,
BENJAMIN Bourne, Egbert Benson,
Philip B. Key, William Griffith, Jere-
miah Smith. and George X. Taylor
became judges Of said circuit courts,
with salaries of $4,000 a year each.
These Judges were known as "John
Adams judges" and were extremely
Objectionable to the Democrats, then
called Republicans, of whom Jeher-
son was the leader. In order to get
rid of them, Jefferson, in his first an
nual message, December s, 1901,
suggested the repeal of the act. His
remarks will be found in volume l
of Richardson Presidents Messag-
es, p. 331:
The judiciary system of the United
States
Said he.
and especially that portion of it re-
Gently enacted, will of course present
itself to the contemplation Of Con-
gress: and. that they may be able TO
iudge of the proportion which the
,r,ty I