To George Hay
Monticello June 18. 10.
I inclose you a letter just recieved from mr Rodney in answer to one I had written him requesting papers in his possession. be so good as to hand it, after perusal, to mr Wirt who will return it to me. I hope our practice in this country relieves us from the special plea which mr Rodney speaks of. this would place every thing under the grip of the judge, who in the cases of Marbury & of Burr has given us lessons of the plastic nature of law in his hands. to him nothing is to be ultimately submitted. the plea to the jurisdiction which had occurred to you, & is repeated by Rodney, I am too rusty in my law to decide on: but I know how the judge will decide it. but that is not to prevent it’s being used if proper. I am busily engaged in collecting materials from the offices, arranging, extracting Etc so as to be able to put a very plain case into your hands, and I believe a very safe one. but it will take me long. every paper, as it occurs, or as it is called for by another, is to be written for to Washington, & to await leisure for search Etc. every facility however which their occupations permit is most kindly extended to me there, and I trust that in the fulness of time I shall send you the case in such order as to give the least trouble possible where matter & materials are so voluminous. I owe you sincere acknolegements for your kind offers on this occasion. I suppose I may expect that the government will leave nothing on me but the care of seeing the case fairly & fully laid before the court. I have also written to Govr Claiborne to call on me. I do not think his state will be, or ought to be inattentive to the case. I salute you with friendship & respect.
PoC (DLC); at foot of text: “George Hay esq.”; endorsed by TJ. Enclosure: Caesar A. Rodney to TJ, 8 June 1810.
John Marshall was the judge who had given us lessons of the plastic nature of law.
- Batture Sainte Marie, controversy over; communications between TJ and his counsel concerning search
- Burr, Aaron (1756–1836); treason trial of search
- Hay, George; consults with TJ on batture case search
- Hay, George; letters to search
- Jefferson, Thomas; Opinions on; J. Marshall search
- Marbury v. Madison; TJ on search
- Marshall, John; and A. Burr’s treason trial search
- Marshall, John; and batture controversy search
- Marshall, John; and Marbury v. Madison search
- Marshall, John; TJ on search
- Rodney, Caesar Augustus; and batture controversy search
- Wirt, William; consults with TJ on batture case search