The Writings of Thomas Jefferson, Vol. 7 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
Philosophy
The Writings of Thomas Jefferson, Vol. 7 (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
But it is not from this branch of government we have most to fear. Taxes
and short elections will keep them right. The judiciary of the United
States is the subtle corps of sappers and miners constantly working
under ground to undermine the foundations of our confederated fabric.
They are construing our constitution from a co-ordination of a general
and special government to a general and supreme one alone. This will
lay all things at their feet, and they are too well versed in English
law to forget the maxim, "_boni judicis est ampliare jurisdictionem_."
We shall see if they are bold enough to take the daring stride their
five lawyers have lately taken. If they do, then, with the editor of
our book, in his address to the public, I will say, that "against this
every man should raise his voice," and more, should uplift his arm. Who
wrote this admirable address? Sound, luminous, strong, not a word too
much, nor one which can be changed but for the worse. That pen should
go on, lay bare these wounds of our constitution, expose the decisions
_seriatim_, and arouse, as it is able, the attention of the nation to
these bold speculators on its patience. Having found, from experience,
that impeachment is an impracticable thing, a mere scare-crow, they
consider themselves secure for life; they sculk from responsibility to
public opinion, the only remaining hold on them, under a practice first
introduced into England by Lord Mansfield. An opinion is huddled up in
conclave, perhaps by a majority of one, delivered as if unanimous, and
with the silent acquiescence of lazy or timid associates, by a crafty
chief judge, who sophisticates the law to his mind, by the turn of his
own reasoning. A judiciary law was once reported by the Attorney General
to Congress, requiring each judge to deliver his opinion _seriatim_ and
openly, and then to give it in writing to the clerk to be entered in
the record. A judiciary independent of a king or executive alone, is a
good thing; but independence of the will of the nation is a solecism,
at least in a republican government.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account