821. BILL OF RIGHTS, The Judiciary and.—
In the arguments in favor of the
declaration of rights, you omit one which
has great weight with me: the legal check
which it puts into the hands of the judiciary.
This is a body which, if rendered independent
and kept strictly to their own department,
merits great confidence for their learning and
integrity. In fact, what degree of confidence
would be too much for a body composed of
such men as Wythe, Blair and Pendleton?
On characters like these, the “civium ardor
prava jubentium” would make no impression.
I am happy to find that, on the
whole, you are a friend to this amendment.
The declaration of rights is, like all other
human blessings, alloyed with some inconveniences,
and not accomplishing fully its object.
But the good in this instance vastly outweights
the evil.—
To James Madison. Washington ed. iii, 3.
Ford ed., v, 80.
(P.
March. 1789)
