History of the United States of America, Volume 4 (of 9) : $b During the second administration of Thomas JeffersonAdams, Henry
History
History of the United States of America, Volume 4 (of 9) : $b During the second administration of Thomas Jefferson
Adams, Henry
United States -- History -- 1801-1809; United States -- History -- 1809-1817
“I am satisfied with you that if Orders and Decrees are not repealed,
and a continuance of the embargo is preferred to war (which
sentiment is universal here), Congress must legalize all means which
may be necessary to obtain its end.”[220]
If repeated and menacing warnings from the people, the State
authorities, and officers of the national government failed to
produce an impression on the President’s mind, he was little likely
to regard what came from the Judiciary; yet the sharpest of his
irritations was caused by a judge whom he had himself, in 1804,
placed on the Supreme Bench to counteract Marshall’s influence.
Some merchants of Charleston, with consent of the collector and
district-attorney, applied for a mandamus to oblige the collector
of that town to clear certain ships for Baltimore. The collector
admitted that he believed the voyage to be intended in good faith,
and that under the Embargo Law he had no right of detention; but he
laid Secretary Gallatin’s instructions before the court. The case
was submitted without argument, and Justice William Johnson, of the
South Carolina circuit,--a native of South Carolina, and a warm friend
of the President,--decided that the Act of Congress did not warrant
detention, and that without the sanction of law the collector was
not justified by instructions from the Executive in increasing the
restraints upon commerce. The mandamus issued.
These proceedings troubled but did not check the President. “I
saw them with great concern,” he wrote to the governor of South
Carolina,[221] “because of the quarter from whence they came, and
where they could not be ascribed to any political waywardness.”
Rodney, the attorney-general, undertook to overrule Justice Johnson’s
law, and wrote, under the President’s instructions, an official
opinion that the court had no power to issue a mandamus in such a
case. This opinion was published in the newspapers at the end of July,
“an act unprecedented in the history of executive conduct,” which in
a manner forced Justice Johnson into a newspaper controversy. The
Judge’s defence of his course was temperate and apparently convincing
to himself, although five years afterward he delivered an opinion[222]
of the whole Supreme Court in a similar case, “unquestionably
inconsistent” with his embargo decision, which he then placed on
technical ground. He never regained Jefferson’s confidence; and so
effective was the ban that in the following month of December the
Georgia grand-jury, in his own circuit, made him the object of a
presentment for “improper interference with the Executive.”
Public-domain text, read in full here on John Shaqi.
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