The Writings of Thomas Jefferson: Library Edition - Vol. 6 (of 20)Jefferson, Thomas
History
The Writings of Thomas Jefferson: Library Edition - Vol. 6 (of 20)
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1789
The idea of separating the executive business of the confederacy from
Congress, as the judiciary is already, in some degree, is just and
necessary. I had frequently pressed on the members individually, while
in Congress, the doing this by a resolution of Congress for appointing
an executive committee, to act during the sessions of Congress, as the
committee of the States was to act during their vacations. But the
referring to this committee all executive business, as it should
present itself, would require a more persevering self-denial than I
suppose Congress to possess. It will be much better to make that
separation by a federal act. The negative, proposed to be given them on
all the acts of the several legislatures, is now, for the first time,
suggested to my mind. _Prima facie_, I do not like it. It fails in an
essential character; that the hole and the patch should be
commensurate. But this proposes to mend a small hole by covering the
whole garment. Not more than one out of one hundred State acts concern
the confederacy. This proposition, then, in order to give them one
degree of power, which they ought to have, gives them ninety-nine more,
which they ought not to have, upon a presumption that they will not
exercise the ninety-nine. But upon every act, there will be a
preliminary question, Does this act concern the confederacy? And was
there ever a proposition so plain, as to pass Congress without a
debate? Their decisions are almost always wise; they are like pure
metal. But you know of how much dross this is the result. Would not an
appeal from the State judicature to a federal court, in all cases where
the act of Confederation controlled the question, be as effectual a
remedy, and exactly commensurate to the defect? A British creditor, for
example, sues for his debt in Virginia; the defendant pleads an act of
the State, excluding him from their courts; the plaintiff urges the
Confederation, and the treaty made under that, as controlling the State
law; the judges are weak enough to decide according to the views of
their legislature. An appeal to a federal court sets all to rights. It
will be said, that this court may encroach on the jurisdiction of the
State courts. It may. But there will be a power, to wit, Congress, to
watch and restrain them. But place the same authority in Congress
itself, and there will be no power above them, to perform the same
office. They will restrain within due bounds, a jurisdiction exercised
by others, much more rigorously than if exercised by themselves.
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