History of the United States of America, Volume 1 (of 9) : $b During the first administration of Thomas JeffersonAdams, Henry
History
History of the United States of America, Volume 1 (of 9) : $b During the first administration of Thomas Jefferson
Adams, Henry
United States -- History -- 1801-1809; United States -- History -- 1809-1817
hand to seize the powers he had denounced.
Even in regard to the Judiciary, the most dangerous part of the system,
he recommended no legislation but for the apparent purpose of saving
money.
“The judiciary system of the United States,” continued the Message,
“and especially that portion of it recently erected, will of course
present itself to the contemplation of Congress; and that they may be
able to judge of the proportion which the institution bears to the
business it has to perform, I have caused to be procured from the
several States, and now lay before Congress, an exact statement of all
the causes decided since the first establishment of the Courts, and
of those which were depending when additional Courts and Judges were
brought in to their aid.”
That he should have shown no anxiety to limit the vague powers of
Legislature and Executive was less surprising, because these powers
were henceforward to remain in the hands of his own party; but the
Judiciary was in the hands of Federalists, whose constitutional
theories were centralization itself. The essence of Virginia
republicanism lay in a single maxim: THE GOVERNMENT SHALL NOT BE
THE FINAL JUDGE OF ITS OWN POWERS. The liberties of America, as
the Republican party believed, rested in this nutshell; for if
the Government, either in its legislative, executive, or judicial
departments, or in any combination of them, could define its own
powers in the last resort, then its will, and not the letter of the
Constitution, was law. To this axiom of republicanism the Federalist
Judiciary opposed what amounted to a flat negative. Chief-Justice
Marshall and his colleagues meant to interpret the Constitution as
seemed to them right, and they admitted no appeal from their decision.
The question how to deal with the Judiciary was, therefore, the only
revolutionary issue before the people to be met or abandoned; and if
abandoned then, it must be forever. No party could claim the right to
ignore its principles at will, or imagine that theories once dropped
could be resumed with equal chance of success. If the revolution of
1800 was to endure, it must control the Supreme Court. The object
might be reached by constitutional amendment, by impeachment, or by
increasing the number of judges. Every necessary power could be gained
by inserting into the United States Constitution the words of the
Constitution of Massachusetts, borrowed from English constitutional
practice, that judges might be removed by the President on address by
both Houses of the Legislature. Federalists were certain to denounce
both object and means as revolutionary and dangerous to public
repose; but such an objection could carry little weight with men who
believed themselves to have gained power for no other purpose than to
alter, as Jefferson claimed, the principles of government. Serious
statesmen could hardly expect to make a revolution that should not be
revolutionary.
Public-domain text, read in full here on John Shaqi.
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