=60.= AN INDEPENDENT JUDICIARY THE SAFEGUARD OF LIBERTY.
While this shield remains to the states, it will be difficult to dissolve the ties which knit and bind them together. As long as this buckler remains to the people, they cannot be liable to much, or permanent oppression. The government may be administered with violence, offices may be bestowed exclusively upon those who have no other merit than that of carrying votes at elections,—the commerce of our country may be depressed by nonsensical theories, and public credit may suffer from bad intentions; but so long as we have an independent judiciary, the great interests of the people will be safe. Neither the president, nor the legislature, can violate their constitutional rights. Any such attempt would be checked by the judges, who are designed by the constitution to keep the different branches of the government within the spheres of their respective orbits, and say thus far shall you legislate, and no further. Leave to the people an independent judiciary, and they will prove that man is capable of governing himself,—they will be saved from what has been the fate of all other republics, and they will disprove the position that governments of a republican form cannot endure.
We are asked by the gentleman from Virginia, if the people want judges to protect them? Yes, sir, in popular governments constitutional checks are necessary for their preservation; the people want to be protected against themselves; no man is so absurd as to propose the people collectedly will consent to the prostration of their liberties; but if they be not shielded by some constitutional checks, they will suffer them to be destroyed—to be destroyed by demagogues, who at the time they are soothing and cajoling the people, with bland and captivating speeches, are forging chains for them; demagogues who carry, daggers in their hearts, and seductive smiles in their hypocritical faces, who are dooming the people to despotism, when they profess to be exclusively the friends of the people; against such designs and such artifices, were our constitutional checks made, to preserve the people of this country.
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=Thomas Jefferson, 1743-1826.= (Manual, pp. 486, 490.)
From his "Inaugural Address", March 4th, 1801.
=61.= ESSENTIAL PRINCIPLES OF AMERICAN GOVERNMENT.
Kindly separated by nature and a wide ocean from the exterminating havoc of one quarter of the globe, too high-minded to endure the degradations of the others, possessing a chosen country with room enough for our descendants to the hundredth and thousandth generation, entertaining a due sense of our equal right to the use of our own faculties, to the acquisitions of our industry, to honor and confidence from our fellow citizens, resulting not from birth but from our actions and their sense of them, enlightened by a benign religion, professed, indeed, and practised, in various forms, yet all of them including honesty, truth, temperance, gratitude, and the love of man; acknowledging and adoring an overruling Providence, which by all its dispensations proves that it delights in the happiness of man here and his greater happiness hereafter; with all these blessings, what more is necessary to make us a happy and prosperous people? Still one thing more, fellow-citizens, a wise and frugal government, which shall restrain men from injuring one another, which shall leave them otherwise free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned. This is the sum of good government, and this is necessary to close the circle of our felicities.
About to enter, fellow-citizens, on the exercise of duties which comprehend everything dear and valuable to you, it is proper that you should understand what I deem the essential principles of our government, and consequently those which ought to shape its administration. I will compress them within the narrowest compass they will bear, stating the general principle, but not all its limitations. Equal and exact justice to all men, of whatever state or persuasion, religious, or political; peace, commerce, and honest friendship, with all nations, entangling alliances with none; the support of the state governments in all their rights, as the most competent administrations for our domestic concerns and the surest bulwarks against anti-republican tendencies; the preservation of the general government in its whole constitutional vigor, as the sheet anchor of our peace at home and safety abroad; a jealous care of the right of election by the people, a mild and safe corrective of abuses which are lopped by the sword of revolution where peaceable remedies are unprovided; absolute acquiescence in the decisions of the majority, the vital, principle of republics, from which there is no appeal but to force, the vital principle and immediate parent of despotism; a well disciplined militia, our best reliance in peace and for the first moments of war, till regulars may relieve them; the supremacy of the civil over the military authority; economy in the public expense, that labor may be lightly burdened; the honest payment of our debts send sacred preservation of the public faith; encouragement of agriculture, and of commerce as its handmaid; the diffusion of information and the arraignment of all abuses at the bar of public reason; freedom of religion; freedom of the press; freedom of person under the protection of the habeas corpus; and trial by juries impartially selected; these principles form the bright constellation which has gone before us, and guided our steps through an age of revolution and reformation. The wisdom of our sages and the blood of our heroes have been devoted to their attainment. They should be the creed of our political faith, the text of civil instruction, the touchstone by which to try the services of those we trust; and should we wander from them in moments of error or alarm, let us hasten to retrace our steps and to regain the road which alone leads to peace, liberty, and safety.
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