Page:The Supreme Court in United States History vol 1.djvu/268

240 on the rights of the President had been launched in the Senate by the Federalist Senator from Pennsyl- vania, James Ross; and it was this move which, in February, 1803, was engaging the attention of JeflFer- son 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 argiunent. Senator Ross had introduced resolutions providing that the President be authorized to take inmiediate possession of New Orleans and to call into service 50,000 State militia and to employ them with the mil- itary and naval forces of the United States, in eflfecting the above objects.^ This resolution was a direct and serious interference with the President's peace nego- tiations and was so intended. It met with strong and bitter Republican opposition. **It is in fact a propo- sition 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 eflfort 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., U 8u$., ddiMtte on Feb. 14, 16, ft5, 1808.