on the rights of the President had been launched in
the Senate by the Federalist Senator from Pennsylvania, James Ross; and it was this move which, in
February, 1803, was engaging the attention of Jefferson and the Democrats, much more than the somewhat
moot question involved in the case in the Court. On
February 14, at the end of the Marbury argument,
Senator Ross had introduced resolutions providing
that the President be authorized to take immediate
possession of New Orleans and to call into service
50,000 State militia and to employ them with the military and naval forces of the United States, in effecting
the above objects.[1] This resolution was a direct and
serious interference with the President's peace negotiations and was so intended. It met with strong and
bitter Republican opposition. "It is in fact a proposition to exercise the functions of the President," said
Senator Wells of Delaware. "Much has been said
about confidence in the Executive," said Senator
Nicholas of Virginia. "There is another way in which
these gentlemen may manifest their confidence in the
President, and which the public good requires of them.
It is, that they acquiesce in the effort that he is making
to obtain our rights and security for these rights by
negotiation, and thereby aid its chance of success.
The Federalist Senator from New York, Gouverneur
Morris, on the other hand, denied that they were
"opposing obstacles or raising difficulties or fettering
and trammeling Executive authority." Jefferson,
nevertheless, insisted that he must not be thus interfered with and the Ross Resolution failed to pass.
Before its defeat, however, the case of Marbury v. Madison was decided, and the question of Executive functions was thus before the public in two aspects.
- ↑ 7th Cong., 2d Sess., debate on Feb. 14, 16, 25, 1808.
