Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson, Volume 4 eBook

This eBook from the Gutenberg Project consists of approximately 809 pages of information about Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson, Volume 4.

Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson, Volume 4 eBook

This eBook from the Gutenberg Project consists of approximately 809 pages of information about Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson, Volume 4.
reading it, because I know that Colonel Taylor and myself have rarely, if ever, differed in any political principle of importance.  Every act of his life, and every word he ever wrote, satisfies me of this.  So, also, as to the two Presidents, late and now in office, I know them both to be of principles as truly republican as any men living.  If there be any thing amiss, therefore, in the present state of our affairs, as the formidable deficit lately unfolded to us indicates, I ascribe it to the inattention of Congress to their duties, to their unwise dissipation and waste of the public contributions.  They seemed, some little while ago, to be at a loss for objects whereon to throw away the supposed fathomless funds of the treasury.  I had feared the result, because I saw among them some of my old fellow-laborers, of tried and known principles, yet often in their minorities.  I am aware that in one of their most ruinous vagaries, the people were themselves betrayed into the same phrenzy with their Representatives.  The deficit produced, and a heavy tax to supply it, will, I trust, bring both to their sober senses.

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 these 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 skulk 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.

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Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson, Volume 4 from Project Gutenberg. Public domain.