On this construction I have hitherto acted; on this I shall ever act, and maintain it with the powers of the government, against any control which may be attempted by the judges in subversion of the independence of the executive and Senate within their peculiar department.  I presume, therefore, that in a case where our decision is by the constitution the supreme one, and that which can be carried into effect, it is the constitutionally authoritative one, and that that by the judges was coram non judice, and unauthoritative, because it cannot be carried into effect.  I have long wished for a proper occasion to have the gratuitous opinion in Marbury v.  Madison brought before the public, and denounced as not law:  and I think the present a fortunate one, because it occupies such a place in the public attention.  I should be glad, therefore, if, in noticing that case, you could take occasion to express the determination of the executive, that the doctrines of that case were given extra-judicially and against law, and that their reverse will be the rule of action with the executive.  If this opinion should not be your own, I would wish it to be expressed merely as that of the executive.  If it is your own also, you would of course give to the arguments such a developement, as a case, incidental only, might render proper.

I salute you with friendship and respect.

Th:  Jefferson.

LETTER XLV.—­TO ALBERT GALLATIN, June 3, 1807

THOMAS JEFFERSON TO ALBERT GALLATIN.

I gave you, some time ago, a project of a more equal tariff on wines, than that which now exists.  But in that I yielded considerably to the faulty classification of them in our law.  I have now formed one with attention, and according to the best information I possess, classing them more rigorously.  I am persuaded, that were the duty on cheap wines put on the same ratio with the dear, it would wonderfully enlarge the field of those who use wine, to the expulsion of whiskey.  The introduction of a very cheap wine (St. George) into my neighborhood, within two years past, has quadrupled in that time the number of those who keep wine, and will ere long increase them tenfold.  This would be a great gain to the treasury, and to the sobriety of our country.  I will here add my tariff, wherein you will be able to choose any rate of duty you please; and to decide whether it will not, on a fit occasion, be proper for legislative attention.  Affectionate salutations.

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LETTER XLVI.—­TO GEORGE HAY, June 5, 1807

TO GEORGE HAY.

Washington, June 5, 1807.

Dear Sir,