f civil war, or capitulation, so as
to put him on trial? Is there a candid man in the United States who
does not believe some one, if not all, of these overt acts to have taken
place?

If there ever had been an instance in this or the preceding
administrations, of federal judges so applying principles of law as to
condemn a federal or acquit a republican offender, I should have judged
them in the present case with more charity. All this, however, will work
well. The nation will judge both the offender and judges for themselves.
If a member of the executive or legislature does wrong, the day is never
far distant when the people will remove him. They will see then, and
amend the error in our constitution, which makes any branch independent
of the nation. They will see that one of the great co-ordinate branches
of the government, setting itself in opposition to the other two, and
to the common sense of the nation, proclaims impunity to that class
of offenders which endeavors to overturn the constitution, and are
themselves protected in it by the constitution itself: for impeachment
is a farce which will not be tried again. If their protection of Burr
produces this amendment, it will do more good than his condemnation
would have done. Against Burr, personally, I never had one hostile
sentiment. I never, indeed, thought him an honest, frank-dealing man,
but considered him as a crooked gun, or other perverted machine, whose
aim or shot you could never be sure of. Still, while he possessed the
confidence of the nation, I thought it my duty to respect in him their
confidence, and to treat him as if he deserved it: and if his punishment
can be commuted now for an useful amendment of the constitution, I shall
rejoice in it. My sheet being full, I perceive it is high time to
offer you my friendly salutations, and assure you of my constant and
affectionate esteem and respect.

Th: Jefferson.

LETTER XLIV.--TO GEORGE HAY, June 2, 1807

TO GEORGE HAY.

Washington, June 2, 1807.

Dear Sir,

While Burr's case is depending before the court, I will trouble you from
time to time with what occurs to me. I observe that the case of Marbury
v. Madison has been cited, and I think it material to stop at the
threshold the citing that case as authority, and to have it denied to be
law. 1. Because the judges, in the outset, disclaimed all cognizance of
the case; although they then went on to say what would have been their
opinion