第 13 节
作者:
敏儿不觉 更新:2022-08-21 16:41 字数:3917
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
_subpoena 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
subpoenas; 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 6。 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 & 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 subpoenas; 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; & to imprisonment
for disobedience; if the several courts could bandy him from pillar
to post; keep him constantly trudging from north to south & 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 ministers can go into a
court in London as witnesses; without interruption to their executive
duties; it is inferred that they would go to a court 1000。 or 1500。
miles off; and that ours are to be dragged from Maine to Orleans by
every criminal who will swear that their testimony ‘may be of use to
him。' The Judge says; ‘_it is apparent_ that the President's duties
as chief magistrate do not demand his whole time; & are not
unremitting。' If he alludes to our annual retirement from the seat of
government; during the sickly season; he should be told that such
arrangements are made for carrying on the public business; at and
between the several stations we take; that it goes on as
unremittingly there; as if we were at the seat of government。 I pass
more hours in public business at Monticello than I do here; every
day; and it is much more laborious; because all must be done in
writing。 Our stations being known; all communications come to them
regularly; as to fixed points。 It would be very different were we
always on the road; or placed in the noisy & crowdedtaverns where
courts are held。 Mr。 Rodney is expected here every hour; having been
kept away by a sick child。
I salute you with friendship and respect。