Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1807-11-16

FROM THE U. S. GAZETTE.
The Presidents Message.

n
PERHAPS more atrocious usur-
patton Of power was never attemp-
ted in government of laws, than thar
by which Mr.. Jefferson claims the
right ofreviewing and controlling the
proceedings ofthe Judiciary. Speak
ing, il his nessage to congress, Of the
late prosecutions in the district Of Nir-
ginia, he says: "You will be enabled
! 10 Judge whether the defect was III
the testimony, in the law,ot in the adj
ministration of the law and WHEREBY
er it shall be found, the legislature
"alone can apply or originate the rem
"edy."
There is much important and alarm
ing meaning in these few words. " You
will be enabled TO Judge whether THE
DEFKcT," sc. How does it appear
that there was any dcfrct? Why, sim
ply thus. At the last session Of
congress, Mr.. Jefferson usurped the
prerogatives Of a court and Jury, by
positively pronouncing upon the guilt
of Aaron Burr. Afterwards he was put
upon his trial by due progress of law,
and two separate juries pronounced
him NOT GUILTY. Now Mr.. Jeffer-
son, assuming the position that his
sentence pronounced without trial is
right, and that the sentcnve ef tI~~-e0urC
and jury, inlormtd upon patient and
tedious investigation is wrong, liners
that there is a defect and that this de-
feet exists either in the testimony, in
the law, or in the administration OF the
law. Let Us grant for moment that
defect has really appeared In one Of
these three points sill we would ask
what business has either the president
or congress with it? Suppose the de-
feet be 10 the testimony that is, it was
insufficient to found a conviction upon.
Are congress to make provision for
supplying such testimony in future as
will be sufficient for the conviction Of
any person who may be denounced
and declared guilty by the executive !
Asto the second subject proposed for
consideration, namely defect in the
law, it is in every respect proper SUBJ
iect for elaboration. Ii the executive
has observed defect in any Of the laws,
it j. his duty to state the fact to the legis-
lature, and TO recommend a revision.
But nothing can be more improper
and indecent chan the suggestion that
the assumed defect may exist in the adj
nanistratton QJ the lar, and the intima-
ton that congress ought to army thsre-
meay. The constitution has wisely
placed between the executive and the
judicial departments an insuperabie
barrier, in case Of the highest crimes
and misdemeanors in Judge the Pr
sident is not at liberty, ia his official ca-
pacity, 50 much as a speak upon Tile
subject. 1t Is for the immediate repi1-
sentatiyes OF the people to complain and
accuse by impeachment, and fir the
senate TO iddgea and pronounce sentence.
The President IS hot known or
heard of in the business. Tie is G.
ven Invested, id this instance, Of the or
binary pre.lgatige ofplrioning. WHAT
then must Ute think Of chief Tiagis-
trute who, because lie has been t,isap-
pointed Of the destruction Of 4 devoted
victim of his vengeance, has dared to
usurp The PrcroSative Of the house of
representatives in accusing a Judge
whose prerosatiye he had before usurp-
Cd by pFonouncing on the gnilt Pa
person accused Of the highest crime AZ
gaiast the state If such enornities
can be practised wiH IMMUNITY it IS
worse than idle to talk Of the security
Of our rights or the freedom Of our
government.