Page:Henry Adams' History of the United States Vol. 3.djvu/220

208 The factions in New York and Pennsylvania fought their tedious and meaningless battles, which had no longer a national interest. The newspapers continued to find in personal abuse the most lively amusement they could furnish to their readers. The acts of Jefferson and Madison were extolled or vilified according to the partisan division of the press; and material for attack and defence was never lacking. During the summer of 1806 Miranda's expedition and the trial of Smith and Ogden, which resulted from it, filled many columns of the papers. Conviction of these two men for violating the neutrality laws seemed to be the President's earnest wish; yet when members of the Administration were subpoenaed for the defence, Jefferson ordered them to disobey the summons, alleging that their attendance in court would interfere with their performance of official duties. The question whether this rule was proper in practice or correct in law came soon afterward before the Supreme Court, and received elaborate discussion; but in the case of Smith and Ogden, the refusal of Madison to obey the subpoena was a political necessity. Had he been forced into the witness-box, he must have produced Miranda's letter; and in the face of evidence so compromising to the superior officers of government, no jury would have convicted a subordinate.

Before the trial began, the President removed Smith from his office of surveyor of the port of New York; and after its close he removed Swartwout from the