The Writings of Thomas Jefferson, Vol. 5 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
History
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
If there ever had been an instance in this or the preceding
administrations, of federal judges so applying principles of law as to
condemn a federal or acquit a republican offender, I should have judged
them in the present case with more charity. 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 themselves 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. Against Burr,
personally, I never had one hostile sentiment. I never indeed thought
him an honest, frank-dealing man, but considered him as a crooked gun,
or other perverted machine, whose aim or shot you could never be sure
of. Still, while he possessed the confidence of the nation, I thought
it my duty to respect in him their confidence, and to treat him as if
he deserved it; and if his punishment can be commuted now for an useful
amendment of the Constitution, I shall rejoice in it. My sheet being
full, I perceive it is high time to offer you my friendly salutations, and
assure you of my constant and affectionate esteem and respect.
TO THE SECRETARY OF STATE.
MONTICELLO, April 21st, 1807.
DEAR SIR,--Yours of the 13th came to hand only yesterday, and I now return
you the letters of Turreau and Woodward, and Mr. Gallatin's paper on
foreign seamen. I retain Monroe and Pinckney's letters, to give them a
more deliberate perusal than I can now before the departure of the post.
By the next they shall be returned. I should think it best to answer
Turreau at once, as he will ascribe delay to a supposed difficulty, and
will be sure to force an answer at last. I take the true principle to be,
that "for violations of jurisdiction, with the consent of the sovereign,
or his voluntary sufferance, indemnification is due; but that for others
he is bound only to use all _reasonable_ means to obtain indemnification
from the aggressor, which must be calculated on his circumstances,
and these endeavors _bonâ fide_ made; and failing, he is no further
responsible." It would be extraordinary indeed if we were to be answerable
for the conduct of belligerents through our whole coast, whether inhabited
or not.
Public-domain text, read in full here on John Shaqi.
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