It is that each
department is truly independent of the others, and has an equal right to
decide for itself what is the meaning of the constitution in the cases
submitted to its action; and especially, where it is to act ultimately
and without appeal. I will explain myself by examples, which, having
occurred while I was in office, are better known to me, and the
principles which governed them.
A legislature had passed the sedition-law. The federal courts
had subjected certain individuals to its penalties, of fine and
imprisonment. On coming into office, I released these individuals by the
power of pardon committed to executive discretion, which could never be
more properly exercised than where citizens were suffering without the
authority of law, or, which was equivalent, under a law unauthorized
by the constitution, and therefore null. In the case of Marbury and
Madison, the federal judges declared that commissions, signed and sealed
by the President, were valid, although not delivered. I deemed delivery
essential to complete a deed, which, as long as it remains in the hands
of the party, is as yet no deed, it is in posse only, but not in
esse, and I withheld delivery of the commissions. They cannot issue a
mandamus* to the President or legislature, or to any of their officers.
When the British treaty of 180- arrived, without any provision against
the impressment of our seamen, I determined not to ratify it.
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