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and to place here my last and fondest wishes for the advancement of

our country in the useful sciences and arts�察�and my assurances of

respect and esteem for the Reviewer of the Memoir on modern Greek。







        LIMITS TO JUDICIAL REVIEW




        _To Judge Spencer Roane_

        _Poplar Forest�察�September 6�察�1819_




        DEAR SIR�察 �I had read in the Enquirer�察�and with great

approbation�察�the pieces signed Hampden�察�and have read them again with

redoubled approbation�察�in the copies you have been so kind as to send

me。  I subscribe to every tittle of them。  They contain the true

principles of the revolution of 1800�察�for that was as real a

revolution in the principles of our government as that of 1776 was in

its form�察�not effected indeed by the sword�察�as that�察�but by the

rational and peaceable instrument of reform�察�the suffrage of the

people。  The nation declared its will by dismissing functionaries of

one principle�察�and electing those of another�察�in the two branches��

executive and legisltaive�察�submitted to their election。  Over the

judiciary department�察�the constitution had deprived them of their

control。  That�察�therefore�察�has continued the reprobated system�察�and

although new matter has been occasionally incorporated into the old��

yet the leaven of the old mass seems to assimilate to itself the new��

and after twenty years' confirmation of the federal system by the

voice of the nation�察�declared through the medium of elections�察�we

find the judiciary on every occasion�察�still driving us into

consolidation。




        In denying the right they usurp of exclusively explaining the

constitution�察�I go further than you do�察�if I understand rightly your

quotation from the Federalist�察�of an opinion that ;the judiciary is

the last resort in relation _to the other departments_ of the

government�察�but not in relation to the rights of the parties to the

compact under which the judiciary is derived。; If this opinion be

sound�察�then indeed is our constitution a complete _felo de se_。  For

intending to establish three departments�察�co´ordinate and

independent�察�that they might check and balance one another�察�it has

given�察�according to this opinion�察�to one of them alone�察�the right to

prescribe rules for the government of the others�察�and to that one

too�察�which is unelected by�察�and independent of the nation。  For

experience has already shown that the impeachment it has provided is

not even a scare´crow�察�that such opinions as the one you combat�察�sent

cautiously out�察�as you observe also�察�by detachment�察�not belonging to

the case often�察�but sought for out of it�察�as if to rally the public

opinion beforehand to their views�察�and to indicate the line they are

to walk in�察�have been so quietly passed over as never to have excited

animadversion�察�even in a speech of any one of the body entrusted with

impeachment。  The constitution�察�on this hypothesis�察�is a mere thing

of wax in the hands of the judiciary�察�which they may twist and shape

into any form they please。  It should be remembered�察�as an axiom of

eternal truth in politics�察�that whatever power in any government is

independent�察�is absolute also�察�in theory only�察�at first�察�while the

spirit of the people is up�察�but in practice�察�as fast as that relaxes。

Independence can be trusted nowhere but with the people in mass。

They are inherently independent of all but moral law。  My

construction of the constitution is very different from that you

quote。  It is that each department is truly independent of the

others�察�and has an equal right to decide for itself what is the

meaning of the constitution in the cases submitted to its action�察�and

especially�察�where it is to act ultimately and without appeal。  I will

explain myself by examples�察�which�察�having occurred while I was in

office�察�are better known to me�察�and the principles which governed

them。




        A legislature had passed the sedition law。  The federal courts

had subjected certain individuals to its penalties of fine and

imprisonment。  On coming into office�察�I released these individuals by

the power of pardon committed to executive discretion�察�which could

never be more properly exercised than where citizens were suffering

without the authority of law�察�or�察�which was equivalent�察�under a law

unauthorized by the constitution�察�and therefore null。  In the case of

Marbury and Madison�察�the federal judges declared that commissions��

signed and sealed by the President�察�were valid�察�although not

delivered。  I deemed delivery essential to complete a deed�察�which�察�as

long as it remains in the hands of the party�察�is as yet no deed�察�it

is in _posse_ only�察�but not in _esse_�察�and I withheld delivery of the

commissions。  They cannot issue a mandamus to the President or

legislature�察�or to any of their officers ��*��。  When the British

treaty of ´ arrived�察�without any provision against the

impressment of our seamen�察�I determined not to ratify it。  The Senate

thought I should ask their advice。  I thought that would be a mockery

of them�察�when I was predetermined against following it�察�should they

advise its ratification。  The constitution had made their advice

necessary to confirm a treaty�察�but not to reject it。  This has been

blamed by some�察�but I have never doubted its soundness。  In the cases

of two persons�察�_antenati_�察�under exactly similar circumstances�察�the

federal court had determined that one of them ��Duane�� was not a

citizen�察�the House of Representatives nevertheless determined that

the other ��Smith�察�of South Carolina�� was a citizen�察�and admitted him

to his seat in their body。  Duane was a republican�察�and Smith a

federalist�察�and these decisions were made during the federal

ascendancy。




        ��*�� The constitution controlling the common law in this

particular。




        These are examples of my position�察�that each of the three

departments has equally the right to decide for itself what is its

duty under the constitution�察�without any regard to what the others

may have decided for themselves under a similar question。  But you

intimate a wish that my opinion should be known on this subject。  No��

dear Sir�察�I withdraw from all contest of opinion�察�and resign

everything cheerfully to the generation now in place。  They are wiser

than we were�察�and their successors will be wiser than they�察�from the

progressive advance of science。  Tranquillity is the _summum bonum_

of age。  I wish�察�therefore�察�to offend no man's opinion�察�nor to draw

disquieting animadversions on my own。  While duty required it�察�I met

opposition with a firm and fearless step。  But loving mankind in my

individual relations with them�察�I pray to be permitted to depart in

their peace�察�and like the superannuated soldier�察�_;quadragenis

stipendiis emeritis�察�_ to hang my arms on the post。  I have unwisely��

I fear�察�embarked in an enterprise of great public concern�察�but not to

be accomplished within my term�察�without their liberal and prompt

support。  A severe illness the last year�察�and another from which I am

just emerged�察�admonish me that repetitions may be expected�察�against

which a declining frame cannot long bear up。  I am anxious��

therefore�察�to get our University so far advanced as may encourage the

public to persevere to its final accomplishment。  That secured�察�I

shall sing my _nunc demittas_。  I hope your labors will be long

continued in the spirit in which they have always been exercised�察�in

maintenance of those principles on which I verily believe the future

happiness of our country essentially depends。  I salute you with

affectionate and great respect。







        GREEK PRONUNCIATION




        _To Nathaniel F。 Moore_

        _Monticello�察�September 22�察�1819_

 

        I thank you�察�Sir for the remarks on the pronunciation of the

Greek language which you have been so kind as to send me。  I have

read them with pleasure�察�as I had the pamphlet of Mr。 Pickering on

the same subject。  This question has occupied long and learned

inquiry�察�and cannot�察�as I apprehend�察�be ever positively decided。

Very early in my classical days�察�I took up the idea that the ancient

Greek language having been changed by degrees into the modern�察�and

the present race of that people having received it by tradition�察�they

had of course better pretensions to the ancient pronunciation also��

than any foreign nation could have。  When at Paris�察�I became

acquainted with some learned Greeks�察�from whom I took pains to learn

the modern pronunciation。  But I could not receive it as genuine _in

toto_。  I could not believe that the ancient Greeks had provided six

different notations for the simple sound of ��i���察�iota�察�and left the

five other sounds which we give to _n�察�v�察。�i´i���察。�oi���察。�yi����_ without

any characters of notation at all。  I could not acknowledge the ��y����

upsillon�察�as an equivalent to our ��n���察�as in ��Achilleys���察�which they

pronounce Achillevs�察�nor the ��g���察�gamma�察�to our _y_�察�as in ��alge����

which they pronounce alye。  I concluded�察�therefore�察�that as

experience proves to us that the pronunciation of all languages

changes�察�in their descent through time�察�that of the Greek must have

done so also in some degree�察�and the more probably�察�as the body of

the words themselves had substantially changed�察�and I presumed that

the instances above mentioned might be classed with the degeneracies

of time�察�a presumption strengthened by their remarkable cacophony。

As to all the other letters�察�I have supposed we might yield to their

traditionary claim of a more orthodox pronunciation。  Indeed�察�they

sound most of them as we do�察�and�察�where they differ�察�as in the ��e�察�d��

ch�撮� their sounds do not revolt us�察�nor impair the beauty of the

language。




        If we adhere to the Erasmian pronunciation�察�we must go to Italy

for it�察�as we must do for the most probably correct pronunciation of

the language of the Romans�察�because rejecting the modern�察�we must

argue that the ancient pronunciation was probably brought from

Greece�察�with the language itself�察�and�察�as Italy was the country to

which it was brought�察�and from which it emanated to other nations�察�we

must presume it better preserved there than with the nations copying

from them�察�who would be apt to affect its pronunciation with some of

their own national peculiarities。  And in fact�察�we find that no two

nations pronounce it alike�察�although all pretend to the Erasmian

pronunciation。  But the whole subject is conjectural�察�and allows

therefore full and lawful scope to the vagaries of the human mind。  I

am glad�察�however�察�to see the question stirred here�察�because it may

excite among our young countrymen a spirit of inquiry and criticism��

and lead them to more attention to this most beautiful of all

languages。  And wishing that the salutary example you have set may

have this good effect�察�I salute you with great respect and

consideration。







        ;I TOO AM AN EPICUREAN;




        _To William Short�察�with a Syllabus_

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