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
As to our personal attendance at Richmond, I am persuaded the Court
is sensible, that paramount duties to the nation at large control the
obligation of compliance with their summons in this case; as they would,
should we receive a similar one, to attend the trials of Blannerhassett
and others, in the Mississippi territory, those instituted at St. Louis
and other places on the western waters, or at any place, other than the
seat of government. To comply with such calls would leave the nation
without an executive branch, whose agency, nevertheless, is understood
to be so constantly necessary, that it is the sole branch which the
constitution requires to be always in function. It could not then mean
that it should be withdrawn from its station by any co-ordinate authority.
With respect to papers, there is certainly a public and a private side to
our offices. To the former belong grants of land, patents for inventions,
certain commissions, proclamations, and other papers patent in their
nature. To the other belong mere executive proceedings. All nations have
found it necessary, that for the advantageous conduct of their affairs,
some of these proceedings, at least, should remain known to their
executive functionary only. He, of course, from the nature of the case,
must be the sole judge of which of them the public interests will permit
publication. Hence, under our Constitution, in requests of papers from the
legislative to the executive branch, an exception is carefully expressed,
as to those which he may deem the public welfare may require not to be
disclosed; as you will see in the enclosed resolution of the House of
Representatives, which produced the message of January 22d, respecting
this case. The respect mutually due between the constituted authorities,
in their official intercourse, as well as sincere dispositions to do
for every one what is just, will always insure from the executive, in
exercising the duty of discrimination confided to him, the same candor
and integrity to which the nation has in like manner trusted in the
disposal of its judiciary authorities. Considering you as the organ for
communicating these sentiments to the Court, I address them to you for
that purpose, and salute you with esteem and respect.
TO GEORGE HAY.
WASHINGTON, June 19, 1807.
Public-domain text, read in full here on John Shaqi.
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