History of the United States of America, Volume 3 (of 9) : $b During the second administration of Thomas JeffersonAdams, Henry
History
History of the United States of America, Volume 3 (of 9) : $b During the second administration of Thomas Jefferson
Adams, Henry
United States -- History -- 1801-1809; United States -- History -- 1809-1817
Marshall’s reproof of Executive slowness was not altogether respectful
to the co-ordinate branch of government. No doubt treasonable
assemblages had taken place in December, and affidavits could have
been brought from Marietta or Nashville within six or eight weeks had
the government known precisely what would be needed, or where the
evidence was to go; but no judge could reasonably require that the
Executive should within five weeks obey a hint from the Supreme Court
which implied a long correspondence and inquiry at spots so remote
as Blennerhassett’s island, Lexington, Nashville, Fort Massac, and
Chickasaw Bluffs. Jefferson was naturally indignant at being treated
with so little courtesy. He wrote with extreme bitterness about
Marshall’s “tricks to force trials before it is possible to collect
the evidence.”[315] He returned threat for threat, with something in
addition:--
“In what terms of decency can we speak of this? As if an express
could go to Natchez or the mouth of the Cumberland and return
in five weeks, to do which has never taken less than twelve!...
But all the principles of law are to be perverted which would
bear on the favorite offenders who endeavor to overturn this
odious republic!... All this, however, will work well. The
nation will judge both the offender and judges for themselves.
If a member of the Executive or Legislature does wrong, the day
is never far distant when the people will remove him. They will
see then and amend the error in our Constitution which makes
any branch independent of the nation. They will see that one
of the great co-ordinate branches of the government, setting
itself in opposition to the other two and to the common-sense of
the nation, proclaims impunity to that class of offenders which
endeavors to overturn the Constitution, and are protected in it
by the Constitution itself; for impeachment is a farce which
will not be tried again. If their protection of Burr produces
this amendment, it will do more good than his condemnation would
have done; ... and if his punishment can be commuted now for a
useful amendment of the Constitution, I shall rejoice in it.”
Public-domain text, read in full here on John Shaqi.
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