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their decisions。 If they sometimes consulted together； and gave a
general opinion； it was so rarely as not to excite either alarm or
notice。 Besides the light which their separate arguments threw on
the subject； and the instruction communicated by their several modes
of reasoning； it shewed whether the judges were unanimous or divided；
and gave accordingly more or less weight to the judgment as a
precedent。 It sometimes happened too that when there were three
opinions against one； the reasoning of the one was so much the most
cogent as to become afterwards the law of the land。 When Ld。
Mansfield came to the bench he introduced the habit of caucusing
opinions。 The judges met at their chambers； or elsewhere； secluded
from the presence of the public； and made up what was to be delivered
as the opinion of the court。 On the retirement of Mansfield； Ld。
Kenyon put an end to the practice； and the judges returned to that of
seriatim opinions； and practice it habitually to this day； I believe。
I am not acquainted with the late reporters； do not possess them； and
state the fact from the information of others。 To come now to
ourselves I know nothing of what is done in other states； but in this
our great and good Mr。 Pendleton was； after the revolution； placed at
the head of the court of Appeals。 He adored Ld。 Mansfield； &
considered him as the greatest luminary of law that any age had ever
produced； and he introduced into the court over which he presided；
Mansfield's practice of making up opinions in secret & delivering
them as the Oracles of the court； in mass。 Judge Roane； when he came
to that bench； broke up the practice； refused to hatch judgments； in
Conclave； or to let others deliver opinions for him。 At what time
the seriatim opinions ceased in the supreme Court of the US。； I am
not informed。 They continued I know to the end of the 3d Dallas in
1800。 Later than which I have no Reporter of that court。 About that
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 re