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
which is not known to another, and no one knows everything. It is the
sum of individual knowledge which is to make up the whole truth, and
to give its correct current through future time. Then do not, dear Sir,
withhold your stock of information; and I would moreover recommend that
you trust it not to a single copy, nor to a single depository. Leave
it not in the power of any one person, under the distempered view of
an unlucky moment, to deprive us of the weight of your testimony, and
to purchase, by its destruction, the favor of any party or person, as
happened with a paper of Dr. Franklin's.
I cannot lay down my pen without recurring to one of the subjects of
my former letter, for in truth there is no danger I apprehend so much
as the consolidation of our government by the noiseless, and therefore
unalarming, instrumentality of the supreme court. This is the form in
which federalism now arrays itself, and consolidation is the present
principle of distinction between republicans and the pseudo-republicans
but real federalists. I must comfort myself with the hope that the judges
will see the importance and the duty of giving their country the only
evidence they can give of fidelity to its constitution and integrity in
the administration of its laws; that is to say, by every one's giving his
opinion _seriatim_ and publicly on the cases he decides. Let him prove
by his reasoning that he has read the papers, that he has considered
the case, that in the application of the law to it, he uses his own
judgment independently and unbiased by party views and personal favor
or disfavor. Throw himself in every case on God and his country; both
will excuse him for error and value him for his honesty. The very idea
of cooking up opinions in conclave, begets suspicions that something
passes which fears the public ear, and this, spreading by degrees, must
produce at some time abridgment of tenure, facility of removal, or some
other modification which may promise a remedy. For in truth there is
at this time more hostility to the federal judiciary, than to any other
organ of the government.
I should greatly prefer, as you do, four judges to any greater number.
Great lawyers are not over abundant, and the multiplication of judges
only enable the weak to out-vote the wise, and three concurrent opinions
out of four gives a strong presumption of right.
I cannot better prove my entire confidence in your candor, than by the
frankness with which I commit myself to you, and to this I add with
truth, assurances of the sincerity of my great esteem and respect.
JOHN ADAMS TO THOMAS JEFFERSON.
QUINCY, March 10, 1823.
Public-domain text, read in full here on John Shaqi.
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