The Washington herald., 1909-04-22
A New Jefferson Letter.


4 recently published letter from Thomas
Jefferson 10 Nathaniel Macon, written il
1s1, reiterates the formers well-known
views on the encroachment Of the Fed
eraI judiciary upon the rights Of the
States. The original Of the letter is in the
possession Of Mrs. Walter K. Martin. Of
Richmond. Va. and that portion Of It
dealing with the judiciary IS as follows:
1T has Ioag, however, been ny opinion, and !
have never shunk from It's expression laltho.
] do not cause II 20 be put into a newspaper. nor.
Ike Pzism IN arnour offer myself its chsmpionl
that the germ Of dissolution Of on Federal govern
me1t Is IN the Constitution of the Federal judiciary
an irresponsible body for impeachment is scarcely
q seare-cTowi working. Ike gravity, b. night &
dsy, Caring little to-day and little tomorrow,
and advancing ITS noiseiess step. Ike thi9 ove-
the fed Of jurisdiction. until al shall Be gsz<Ted
from the States. the government of al BE-
c1ms consolidated into cne. 70 this I an opposed
becsuse wherever al government. S2ones1ic <
foreign. u little as IN gTrat things shau be drawn
70 Washington as the centre Of al power il VII
render pOEerless ths checks provided, q one GOV
eminent another. & VII become a. Teual L
OPPRESSIVE ss the government fron which We de-
parted Il VIII be as IN Europe where every mar
must be either Pike OF g1dseOn. hammer OF anvil
Our functiona-ies and theirs are wares fr0n the
sane wcEk shop made Of The sane material. &
b. the sane hand If the States look with spathy
this silent descent C their government into the
Eulph which IS 70 swallow al We have only q
weep OTsr the human character. formed inoon-
trOlsble but By a rod Of iron; & the bisS2hemeTs
r -
his true historians"
II Jefferson were alive to-day. he would
doubtless regard his prophecy in some
degree realized He would, too, have
heard with interest Martin ". Littleton's
address at the University OF Virginia on
Founders Day, wherein he accredited the
United States Supreme Court with being
master OF the economic development OF
the country. and pointed out indications
that this was becoming a judicial re-
public that is. a republic in which the
judicial had become the predominant
branch.
On the other hand, he would recognize
that the radical democracy OF to-day is
Fully alive to the growth Of judicial
power. and 20 its significance with re-
apect TO popular government. and that
there is some probability that the demo
cratic movement. which is now concern
ing itself with remolding representative
government, as Mr.. LittIeton remarked,
viii next turn its attention TO the judi
cial branch. with a view 70 bringing II
more nearly within the reach OF public
opinion.
Fortunately, the Supreme Court has
itself checked, 10 some extent, the ten
dency to unduly enlarge the Federal
jurisdiction at the expense Of the States.
and there is a good deal OF evidence that
the courts everywhere are sensitive 20
the current Of thought affecting the des-
tiny Of the nation. However much the
Federal judiciary has contributed to the
Capitalization OF government. it has not
proceeded in that direction faster than
the people themselves. To that extent
Jefferson's apprehensions appear without
adequate reason.