The Writings of Thomas Jefferson, Vol. 2 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
History
The Writings of Thomas Jefferson, Vol. 2 (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
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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