The Writings of Thomas Jefferson, Vol. 5 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
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The Writings of Thomas Jefferson, Vol. 5 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
You will see at once to what this would have led in the hands of
an hundred collectors, of all sorts of characters, connections, and
principles, and what grounds would have been given for the malevolent
charges of favoritism with which the federal papers have reproached even
the trust we reposed in the first and highest magistrates of particular
States. It has been usual in another department, after the decision of
any point by the superior tribunal is known, for the interior one to
conform to that decision. The declaration of Mr. Theus, that _he_ did not
consider the case as suspicious, founded on his individual opinion of the
shipper, broke down that barrier which we had endeavored to erect against
favoritism, and furnished the grounds for the subsequent proceedings. The
attorney for the United States seems to have considered the acquiescence
of the collector as dispensing with any particular attentions to the case,
and the judge to have taken it as a case agreed between plaintiff and
defendant, and brought to him only formally to be placed on his records.
But this question has too many important bearings on the constitutional
organization of our government, to let it go off so carelessly. I send you
the Attorney General's opinion on it, formed on great consideration and
consultation. It is communicated to the collectors and marshals for their
future government. I hope, however, the business will stop here, and that
no similar case will occur. A like attempt has been made in another State,
which I believe failed in the outset.
I have seen, with great satisfaction, the circumspection and moderation
with which you have been so good as to act under my letter of May 6th.
I owe the same approbation to some other of the Governors, but not to
every one. Our good citizens having submitted to such sacrifices under
the present experiment, I am determined to exert every power the law has
vested in me for its rigorous fulfilment; that we may know the full value
and effect of this measure on any future occasion on which a resort to it
might be contemplated.
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