6896. PRESIDENT, Subpœnas for.—[further continued] .
The enclosed letter is
written in a spirit of conciliation and with the
desire to avoid conflicts of authority between
the high branches of the government, which
would discredit it equally at home and abroad.
That Burr and his counsel should wish to
[struck out “divert the public attention from
him to this battle of giants was to be”] convert
his trial into a contest between the Judiciary
and Executive authorities, was to be expected.
But that the Chief Justice should lend himself
to it, and take the first step to bring it on, was
not expected. Nor can it be now believed that
his prudence or good sense will permit him to
press it. But should he, contrary to expectation,
proceed to issue any process which should
involve any act of force to be committed on the
persons of the Executive or heads of departments,
I must desire you to give me instant notice,
and by express if you find that can be
quicker done than by post; and that, moreover,
you will advise the marshal on his conduct, as
he will be critically placed between us. His
safest way will be to take no part in the exercise
of any act of force ordered in this case. The
powers given to the Executive by the Constitution
are sufficient to protect the other branches
from Judiciary usurpation of preeminence, and
every individual also from Judiciary vengeance,
and the marshal may be assured of its effective
exercise to cover him. I hope, however, that
the discretion of the Chief Justice will suffer
this question to lie over for the present, and at
the ensuing session of the Legislature he May
have means provided for giving to individuals
the benefit of the testimony of the Executive
functionaries in proper cases, without breaking
up the Government. Will not the associate
judge assume to divide his court and procure
a truce at least in so critical a conjuncture?
[396]
—
Draft of a Letter to George Hay.
Ford ed., ix, 62.
(1807)
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