livery of the commission,
new nominations have been made and approved, and new commissions have
issued.

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