4186. JUDICIARY (Federal), Sappers and miners.—
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 coordination 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”. * * * 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.—
To Thomas Ritchie. Washington ed. vii, 192.
Ford ed., x, 170.
(M.
1820)
