perceived it clearly, and in private denounced it with as much keenness as though he already knew what was to be judged "necessary and proper" for the purposes of a government which, as Virginians foresaw, would in the end interpret its own powers. "They have retired into the Judiciary as a stronghold," cried he in the same breath with which he talked to Congress only of economy.[1] "There the remains of federalism are to be preserved and fed from the Treasury; and from that battery all the works of republicanism are to be beaten down and erased." Some twenty years afterward Jefferson awoke to see his prophecy come true, and he then threw responsibility on the Constitution.
- "The nation declared its will," he said,[2] "by dismissing functionaries of one principle and electing those of another in the two branches, executive and legislative, submitted to their election. Over the judiciary department the Constitution had deprived them of their control. That, therefore, has continued the reprobated system; and although new matter has occasionally been 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 federated system by the voice of the nation, declared through the medium of elections, we find the Judiciary, on every occasion, still driving us into consolidation."
Such was the fact; and when Jefferson spoke of "the leaven of the old mass," he meant Chief-Justice
