Thomas Jefferson To Us: Sorry, We Blew It But Here’s Some Pointers, Scuttle the SCOTUS

Mandeville, LA – On Tuesday’s SiriusXM radio show I shared this letter with commentary. Jefferson’s frame of mind here runs contrary to the “riding off into the sunset, having preserved liberty and prosperity for his countrymen” narrative.

Monticello, March 4, 1823

Dear Sir,

—I delayed some time the acknowledgment of your welcome letter of December 10th on the common lazy principle of never doing to-day what we can put off to to-morrow, until it became doubtful whether a letter would find you at Charleston. Learning now that you are at Washington, I will reply to some particulars which seem to require it.

The North American Review is a work I do not take, and which is little known in this State, consequently I have never seen its observations on your inestimable history, but a reviewer can never let a work pass uncensured. He must always make himself wiser than his author. He would otherwise think it an abdication of his office of censor. On this occasion, he seems to have had more sensibility for Virginia than she has for herself; for, on reading the work, I saw nothing to touch our pride or jealousy, but every expression of respect and good will which truth could justify. The family of enemies, whose buzz you apprehend, are now nothing. You may learn this at Washington; and their military relation has long ago had the full-voiced condemnation of his own State. Do not fear, therefore, these insects. What you write will be far above their grovelling sphere. Let me, then, implore you, dear Sir, to finish your history of parties, leaving the time of publication to the state of things you may deem proper but taking especial care that we do not lose it altogether. We have been too careless of our future reputation, while our tories will omit nothing to place us in the wrong. Besides the five-volumed libel which represents us as struggling for office, and not at all to prevent our government from being administered into a monarchy, the life of Hamilton is in the hands of a man who, to the bitterness of the priest, adds the rancor of the fiercest federalism. Mr. Adams’ papers, too, and his biography, will descend of course to his son, whose pen, you know, is pointed, and his prejudices not in our favor. And doubtless other things are in preparation, unknown to us.

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.

On our part we are depending on truth to make itself known, while history is taking a contrary set which may become too inveterate for correction. Mr. Madison will probably leave something, but I believe, only particular passages of our history and these chiefly confined to the period between the dissolution of the old and commencement of the new government, which is peculiarly within his knowledge. After he joined me in the administration, he had no leisure to write. This, too, was my case. But although I had not time to prepare anything express, my letters, (all preserved) will furnish the daily occurrences and views from my return from Europe in 1790, till I retired finally from office. These will command more conviction than anything I could have written after my retirement; no day having ever passed during that period without a letter to somebody. Written too in the moment, and in the warmth and freshness of fact and feeling, they will carry internal evidence that what they breathe is genuine. Selections from these, after my death, may come out successively as the maturity of circumstances may render their appearance seasonable. But multiplied testimony, multiplied views will be necessary to give solid establishment to truth. Much is known to one 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 enables the weak to out-vote the wise, and three concurrent opinions out of four give a strong persumption 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.

TheKingDude

Host of the Mike Church Show on The Veritas Radio Network's CRUSADE Channel & Founder of the Veritas Radio Network. Formerly, of Sirius/XM's Patriot channel 125. The show began in March of 2003 exclusively on Sirius and remains "the longest running radio talk show in satellite radio history".

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