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。