[56] Cf. supra p. 21.
[57] The Jeffersonian System, pp. 112-113.
[58] Referring to Hamilton's defence of the judicial veto, Jefferson says "If this opinion be sound, then indeed is our Constitution a complete felo de se. For intending to establish three departments, coördinate and independent, that they might check and balance one another, it has given, according to this opinion, to one of them alone, the right to prescribe rules for the government of the others, and to that one too, which is unelected by, and independent of the nation." Ford's Edition of his works, Vol. X, p. 141.
[59] The Federalist, No. 78.
[60] The Federalist, No. 85.
[61] Elliot's Debates, Vol I, p. 421.
[62] Ibid., Vol. V, Appendix No. 5.
[63] Brinton Coxe, Judicial Power and Unconstitutional Legislation, p. 165. The reader is referred to this work for a discussion of this and other cases.
[64] The constitutions of Massachusetts, Maryland, New Hampshire, North Carolina and Virginia contained provisions expressly declaring that no power of suspending laws, or the execution of laws, should be exercised unless by the legislature, or by authority derived from it. The Vermont constitution of 1786 also contained a similar provision.
[65] Commonwealth v. Caton, Hopkins and Lamb. Quoted from Coxe, p. 221.