第 2 节
作者:天净沙      更新:2022-04-16 12:07      字数:9322
  time the present C。 J。 came to the bench。  Whether he carried the
  practice of Mr。 Pendleton to it; or who; or when I do not know; but I
  understand from others it is now the habit of the court; & I suppose
  it true from the cases sometimes reported in the newspapers; and
  others which I casually see; wherein I observe that the opinions were
  uniformly prepared in private。  Some of these cases too have been of
  such importance; of such difficulty; and the decisions so grating to
  a portion of the public as to have merited the fullest explanation
  from every judge seriatim; of the reasons which had produced such
  convictions on his mind。  It was interesting to the public to know
  whether these decisions were really unanimous; or might not perhaps
  be of 4。 against 3。 and consequently prevailing by the preponderance
  of one voice only。  The Judges holding their offices for life are
  under two responsibilities only。  1。  Impeachment。  2。 Individual
  reputation。  But this practice compleatly withdraws them from both。
  For nobody knows what opinion any individual member gave in any case;
  nor even that he who delivers the opinion; concurred in it himself。
  Be the opinion therefore ever so impeachable; having been done in the
  dark it can be proved on no one。  As to the 2d guarantee; personal
  reputation; it is shielded compleatly。  The practice is certainly
  convenient for the lazy; the modest & the incompetent。  It saves them
  the trouble of developing their opinion methodically and even of
  making up an opinion at all。  That of seriatim argument shews whether
  every judge has taken the trouble of understanding the case; of
  investigating it minutely; and of forming an opinion for himself;
  instead of pinning it on another's sleeve。  It would certainly be
  right to abandon this practice in order to give to our citizens one
  and all; that confidence in their judges which must be so desirable
  to the judges themselves; and so important to the cement of the
  union。  During the administration of Genl。 Washington; and while E。
  Randolph was Attorney General; he was required by Congress to digest
  the judiciary laws into a single one; with such amendments as might
  be thought proper。  He prepared a section requiring the Judges to
  give their opinions seriatim; in writing; to be recorded in a
  distinct volume。  Other business prevented this bill from being taken
  up; and it passed off; but such a volume would have been the best
  possible book of reports; and the better; as unincumbered with the
  hired sophisms and perversions of Counsel。
  What do you think of the state of parties at this time?  An
  opinion prevails that there is no longer any distinction; that the
  republicans & Federalists are compleatly amalgamated but it is not
  so。  The amalgamation is of name only; not of principle。  All indeed
  call themselves by the name of Republicans; because that of
  Federalists was extinguished in the battle of New Orleans。  But the
  truth is that finding that monarchy is a desperate wish in this
  country; they rally to the point which they think next best; a
  consolidated government。  Their aim is now therefore to break down
  the rights reserved by the constitution to the states as a bulwark
  against that consolidation; the fear of which produced the whole of
  the opposition to the constitution at it's birth。  Hence new
  Republicans in Congress; preaching the doctrines of the old
  Federalists; and the new nick…names of Ultras and Radicals。  But I
  trust they will fail under the new; as the old name; and that the
  friends of the real constitution and union will prevail against
  consolidation; as they have done against monarchism。  I scarcely know
  myself which is most to be deprecated; a consolidation; or
  dissolution of the states。  The horrors of both are beyond the reach
  of human foresight。
  I have written you a long letter; and committed to you thoughts
  which I would do to few others。  If I am right; you will approve
  them; if wrong; commiserate them as the dreams of a Superannuate
  about things from which he is to derive neither good nor harm。  But
  you will still receive them as a proof of my confidence in the
  rectitude of your mind and principles; of which I pray you to receive
  entire assurance with that of my continued and great friendship and
  respect。
  RELIGION AND THE UNIVERSITY
  _To Dr。 Thomas Cooper_
  _Monticello; November 2; 1822_
  DEAR SIR;  Your favor of October the 18th came to hand
  yesterday。  The atmosphere of our country is unquestionably charged
  with a threatening cloud of fanaticism; lighter in some parts; denser
  in others; but too heavy in all。  I had no idea; however; that in
  Pennsylvania; the cradle of toleration and freedom of religion; it
  could have arisen to the height you describe。  This must be owing to
  the growth of Presbyterianism。  The blasphemy and absurdity of the
  five points of Calvin; and the impossibility of defending them;
  render their advocates impatient of reasoning; irritable; and prone
  to denunciation。  In Boston; however; and its neighborhood;
  Unitarianism has advanced to so great strength; as now to humble this
  haughtiest of all religious sects; insomuch that they condescend to
  interchange with them and the other sects; the civilities of
  preaching freely and frequently in each others' meeting…houses。  In
  Rhode Island; on the other hand; no sectarian preacher will permit an
  Unitarian to pollute his desk。  In our Richmond there is much
  fanaticism; but chiefly among the women。  They have their night
  meetings and praying parties; where; attended by their priests; and
  sometimes by a hen…pecked husband; they pour forth the effusions of
  their love to Jesus; in terms as amatory and carnal; as their modesty
  would permit them to use to a mere earthly lover。  In our village of
  Charlottesville; there is a good degree of religion; with a small
  spice only of fanaticism。  We have four sects; but without either
  church or meeting…house。  The court…house is the common temple; one
  Sunday in the month to each。  Here; Episcopalian and Presbyterian;
  Methodist and Baptist; meet together; join in hymning their Maker;
  listen with attention and devotion to each others' preachers; and all
  mix in society with perfect harmony。  It is not so in the districts
  where Presbyterianism prevails undividedly。  Their ambition and
  tyranny would tolerate no rival if they had power。  Systematical in
  grasping at an ascendency over all other sects; they aim; like the
  Jesuits; at engrossing the education of the country; are hostile to
  every institution which they do not direct; and jealous at seeing
  others begin to attend at all to that object。  The diffusion of
  instruction; to which there is now so growing an attention; will be
  the remote remedy to this fever of fanaticism; while the more
  proximate one will be the progress of Unitarianism。  That this will;
  ere long; be the religion of the majority from north to south; I have
  no doubt。
  In our university you know there is no Professorship of
  Divinity。  A handle has been made of this; to disseminate an idea
  that this is an institution; not merely of no religion; but against
  all religion。  Occasion was taken at the last meeting of the
  Visitors; to bring forward an idea that might silence this calumny;
  which weighed on the minds of some honest friends to the institution。
  In our annual report to the legislature; after stating the
  constitutional reasons against a public establishment of any
  religious instruction; we suggest the expediency of encouraging the
  different religious sects to establish; each for itself; a
  professorship of their own tenets; on the confines of the university;
  so near as that their students may attend the lectures there; and
  have the free use of our library; and every other accommodation we
  can give them; preserving; however; their independence of us and of
  each other。  This fills the chasm objected to ours; as a defect in an
  institution professing to give instruction in _all_ useful sciences。
  I think the invitation will be accepted; by some sects from candid
  intentions; and by others from jealousy and rivalship。  And by
  bringing the sects together; and mixing them with the mass of other
  students; we shall soften their asperities; liberalize and neutralize
  their prejudices; and make the general religion a religion of peace;
  reason; and morality。
  The time of opening our university is still as uncertain as
  ever。  All the pavilions; boarding houses; and dormitories are done。
  Nothing is now wanting but the central building for a library and
  other general purposes。  For this we have no funds; and the last
  legislature refused all aid。  We have better hopes of the next。  But
  all is uncertain。  I have heard with regret of disturbances on the
  part of the students in your seminary。  The article of discipline is
  the most difficult in American