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
WASHINGTON, June 20, 1807.
DEAR SIR,--Mr. Latrobe now comes on as a witness against Burr. His
presence here is with great inconvenience dispensed with, as one hundred
and fifty workmen require his constant directions on various public works
of pressing importance. I hope you will permit him to come away as soon
as possible. How far his testimony will be important as to the prisoner, I
know not; but I am desirous that those meetings of Yrujo with Burr and his
principal accomplices, should come fully out, and judicially, as they will
establish the just complaints we have against his nation.
I did not see till last night the opinion of the Judge on the _subpœna
duces tecum_ against the President. Considering the question there as
_coram non judice_, I did not read his argument with much attention. Yet I
saw readily enough, that, as is usual where an opinion is to be supported,
right or wrong, he dwells much on smaller objections, and passes over
those which are solid. Laying down the position generally, that all
persons owe obedience to subpœnas, he admits no exception unless it can be
produced in his law books. But if the Constitution enjoins on a particular
officer to be always engaged in a particular set of duties imposed on him,
does not this supersede the general law, subjecting him to minor duties
inconsistent with these? The Constitution enjoins his constant agency
in the concerns of six millions of people. Is the law paramount to this,
which calls on him on behalf of a single one? Let us apply the Judge's own
doctrine to the case of himself and his brethren. The sheriff of Henrico
summons him from the bench, to quell a riot somewhere in his county. The
federal judge is, by the general law, a part of the _posse_ of the State
sheriff. Would the Judge abandon major duties to perform lesser ones?
Again; the court of Orleans or Maine commands, by subpœnas, the attendance
of all the judges of the Supreme Court. Would they abandon their posts
as judges, and the interests of millions committed to them, to serve the
purposes of a single individual? The leading principle of our Constitution
is the independence of the Legislature, executive and judiciary of each
other, and none are more jealous of this than the judiciary. But would
the executive be independent of the judiciary, if he were subject to the
_commands_ of the latter, and to imprisonment for disobedience; if the
several courts could bandy him from pillar to post, keep him constantly
trudging from north to south and east to west, and withdraw him entirely
from his constitutional duties? The intention of the Constitution, that
each branch should be independent of the others, is further manifested by
the means it has furnished to each, to protect itself from enterprises
of force attempted on them by the others, and to none has it given more
effectual or diversified means than to the executive. Again; because
Public-domain text, read in full here on John Shaqi.
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