The Writings of Thomas Jefferson, Vol. 1 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
History
The Writings of Thomas Jefferson, Vol. 1 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
and that this, to be imparted, must be compounded of a mixture of
State and Federal authorities. It is not enough that honest men are
appointed 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 of the _esprit de corps_, of their peculiar
maxim and creed, that "it is the office of a good Judge to enlarge his
jurisdiction," and the absence of responsibility; and how can we expect
impartial decision between the General government, of which they are
themselves so eminent a part, and an individual State, from which they
have nothing to hope or fear? 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 an anchor ahead, and grapple further 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 power in the hands of that government in
which they have so important a freehold estate. But it is not by the
consolidation, or concentration of powers, but by their distribution,
that good government is effected. Were not this 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 do
than a distant authority. Every State again is divided into counties,
each to take care of what lies within its local bounds; each county
again into townships or wards, to manage minuter details; and every
ward into farms, to be governed each by its individual proprietor.
Were we directed from Washington when to sow, and when to reap, we
should soon want bread. It is by this partition of cares, descending
in gradation from general to particular, that the mass of human affairs
may be best managed, for the good and prosperity of all. I repeat, that
I do not charge the Judges with wilful and ill-intentioned error; but
honest error must be arrested, where its toleration leads to public
ruin. As, for the safety of society, we commit honest maniacs to
Bedlam, so judges should be withdrawn from their bench, whose erroneous
biases are leading us to dissolution. It may, indeed, injure them in
fame or in fortune; but it saves the Republic, which is the first and
supreme law.
Public-domain text, read in full here on John Shaqi.
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