1From Thomas Jefferson to George Hay, 7 September 1807 (Jefferson Papers)
I recieved late last night your favor of the day before & now re-inclose you the Subpoena. as I do not believe that the district courts have a power of commanding the Executive government to abandon superior duties & attend on them, at whatever distance, I am unwilling by any notice of the Subpoena to set a precedent which might sanction a proceeding so preposterous. I inclose you therefore a...
2Thomas Jefferson to George Hay, 12 April 1812 (Jefferson Papers)
Livingston’s suit having gone off on the plea to the jurisdiction, it’s foundation remains of course unexplained to the public. I therefore concluded to make it public thro’ the ordinary channel of the press. an earlier expectation of the pamphlets and the desire to send you one induced me, from post to post, to delay acknoleging the reciept of your letter informing me of the dismission, and...
3Thomas Jefferson to George Hay, 13 July 1812 (Jefferson Papers)
The suit of Samuel Scott of Campbell against Harrison and myself, altho without palpably groundless, has still a right to go through all the regular forms; and as I had sold the lands to Harrison before the suit, it is my interest, & my anxious wish to quiet him in his title and to force the suit thro’ all it’s forms, as quickly as possible. Harrison having borrowed from Scott a copy of his...
4From Thomas Jefferson to George Hay, 17 August 1823 (Jefferson Papers)
I recieved yesterday your favor of the 11 th it referred to something said to be inclosed, without saying what, & in fact nothing was inclosed. but the preceding mail had brought me the Nat l Intellig r of the 7 th & 9 th in which was a very able discussion on the mode of electing our President, signed Phocion. this, I suspect, is what your letter refers to. if I am right in this conjecture; I...
5Thomas Jefferson to George Hay, 3 March 1811 (Jefferson Papers)
I left this place on the 27 th of January for Bedford from whence I did not get back till yesterday. I found here your letter of Jan. 25. and regret much that this circumstance had rendered the return of the papers now inclosed impossible at the day prescribed, Feb. 22. but I hope you will have filed the pleas without waiting for my judgment. indeed that was not worth consulting; because of...
6From Thomas Jefferson to George Hay, 24 April 1805 (Jefferson Papers)
The inclosed papers respecting Thomas Logwood will sufficiently explain themselves. the law having clearly manifested it’s intention that his punishment should not be death, I consider myself as executing that intention in relieving him from a confinement which would induce death. and I would wish him to be informed that it is not our intention to have him remanded to jail so long as he...
7From Thomas Jefferson to George Hay, 14 February 1802 (Jefferson Papers)
My absence from Virginia for many years back, with small intervals of residence only in it, has rendered me very much unpossessed of the state of things there. I did not recollect that you were a practitioner in Richmond until an answer from mr Wickham to the inclosed letter set me to looking about to whom I should address myself on his declining the business therein proposed. nor am I now...
8From Thomas Jefferson to George Hay, 4 November 1806 (Jefferson Papers)
I recieved but lately a letter dated so long ago as Oct. 9. from mr Craven Peyton, your client in the suit against Henderson, then ill near Lancaster, in which he says that having been in expectation of returning home before that time, he had omitted to write to mr Wirt to join you in his suit, which had been his intention. I have not heard a word from mr Peyton since, whether he has recovered...
9Thomas Jefferson to George Hay, 30 September 1812 (Jefferson Papers)
The inclosed letter I presume is from the Commissioners for taking depositions in my suit with Scott , and I expect it covers mr Steptoe’s deposition , and an original reciept of the purchase money of the land, signed by Stith . Steptoe’s deposition is to account for shew the state of the papers in his office when he came into it, and to account probably for the disappearance of the original...
10From Thomas Jefferson to George Hay, 5 June 1807 (Jefferson Papers)
Your favor of the 31st. has been recieved, and I think it will be fortunate if any circumstance should produce a discharge of the present scanty grand jury, and a future summons of a fuller: tho’ the same views of protecting the offender may again reduce the number to 16. in order to lessen the chance of getting 12. to concur. It is understood that wherever Burr met with subjects who did not...
11From Thomas Jefferson to George Hay, 24 February 1802 (Jefferson Papers)
I recieved yesterday your favor of the 19th. and am sorry you cannot undertake mr Short’s defence against mr Randolph. but I am sensible it is a case of feeling, which no body can estimate but the party himself. I will trouble you therefore to return me the papers and I will write a line to one of the gentlemen of Fredericksburg with whom my communication by post will be so much readier than...
12From Thomas Jefferson to George Hay, 17 June 1807 (Jefferson Papers)
In answering your letter of the 9th. which desired a communication of one to me from Genl. Wilkinson specified by it’s date, I informed you in mine of the 12th. that I had delivered it, with all other papers respecting the charges against Aaron Burr, to the Attorney Genl. when he went to Richmond, that I had supposed he had left them in your possession, but would immediately write to him, if...
13From Thomas Jefferson to George Hay, 7 August 1807 (Jefferson Papers)
I inclose you a letter recieved yesterday on the subject of Genl. Presley Nevil, with respect to both him & his son I believe there is no doubt of a participation in Burr’s designs but I suppose that after the issue of the principal trial will be the proper time to decide what subordinate offenders may be laid hold of. I learn by the newspapers that I am to have another subpoena duces tecum...
14From Thomas Jefferson to George Hay, 20 August 1807 (Jefferson Papers)
I recieved yesterday your favor of the 11th. an error of the post office had occasioned the delay. before an impartial jury Burr’s conduct would convict himself were not one word of testimony to be offered against him. but to what a state will our law be reduced by party feelings in those who administer it? why do not Blannerhasset, Dayton &c demand private & comfortable lodgings? in a country...
15From Thomas Jefferson to George Hay, 26 May 1807 (Jefferson Papers)
We are this moment informed by a person who left Richmond since the 22d. that the prosecution of Burr had begun under very inauspicious symptoms by the challenging & rejecting two members of the grandjury as far above all exception as any two persons in the US. I suppose our informant is inaccurate in his terms, & has mistaken an objection by the criminal & voluntary retirement of the...
16From Thomas Jefferson to George Hay, 19 June 1807 (Jefferson Papers)
Yours of the 17th. was recieved last night. three blank pardons had been (as I expect) made up & forwarded by the mail of yesterday, and I have desired 3. others to go by that of this evening. you ask what is to be done if Bollman finally rejects his pardon & the judge decides it to have no effect? move to commit him immediately for treason or misdemeanor as you think the evidence will...
17From Thomas Jefferson to George Hay, 11 October 1807 (Jefferson Papers)
As I understand by the newspapers that the examination of the witnesses in Burr’s case & that of the other persons accused is closed, I must sollicit as early a communication as possible of the proceedings & evidence. Congress being so near meeting, and a copy being to be made out so that each house may have one, it is evident we shall have no time to spare. if your copy for us is not wholly...
18Thomas Jefferson to George Hay, 18 June 1810 (Jefferson Papers)
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 m ev ery thing under the grip of the judge , who in the cases of Marbury & of
19Thomas Jefferson to George Hay, 2 November 1813 (Jefferson Papers)
You may remember the case of Peyton & Henderson in the courts of Chancery & Appeals , in which you acted for Peyton , and that I informed you that I had an interest in it. being in Washington myself & totally unable to pay any attention to it, it was so wretchedly managed by Peyton as to render failure inevitable. the two only witnesses who were important to him were not examined till a few...
20From Thomas Jefferson to George Hay, 11 February 1804 (Jefferson Papers)
Th: Jefferson presents his salutations to mr Hay, and his thanks for his works of mr Thompson the irreparable loss of whom never occurs to his mind without producing the deepest regret. he prays mr Hay to accept his respects & assurances of high consideration. PrC ( MHi ); endorsed by TJ in ink on verso. thanks : Hay to TJ, 1 Feb.
21From Thomas Jefferson to George Hay, 2 June 1807 (Jefferson Papers)
While Burr’s case is depending before the court, I trouble you from time to time with what occurs to me. I observe that the case of Marbury v. Madison has been cited, and I think it material to stop at the threshold the citing that case as authority & to have it denied to be law. 1. Because the judges in the outset disclaimed all cognisance of the case; altho’ they then went on to say what...
22From Thomas Jefferson to George Hay, 7 September 1807 (Jefferson Papers)
On re-examination of a letter of Nov. 12. 1806. from Genl. Wilkinson to myself (which having been for a considerable time out of my possession is now returned to me) I find in it some passages entirely confidential, given for my information in the discharge of my executive functions, and which my duties & the public interest forbid me to make public. I have therefore given above a correct copy...
23Thomas Jefferson to George Hay, 27 April 1812 (Jefferson Papers)
Yours of the 21 st is recieved. I am very sensible of the kindness of the motives on which you decline accepting compensation for the trouble you incurred in defending me at the suit of Livingston . yet the obligations I am under to you would not be lessened by that acceptance. your profession is as laborious as it is honorable, the eminence you have justly attained creates augmentation of...
24Thomas Jefferson to George Hay, 28 December 1811 (Jefferson Papers)
On my return after an absence of 6. weeks in Bedford I find here your favor of the 5 th informing me of the dismission of Livingston’s suit. as this has been for want of jurisdiction, without any investigation of the merits of the cause, the public impression mind will remain unsettled & uninformed as to the justice of the case, and their impression produced by Livingston’s squalling as if his...
25From Thomas Jefferson to George Hay, 28 May 1807 (Jefferson Papers)
I have this moment rec’d your letter of the 25th. and hasten to answer it. if the grand jury do not find a bill against Burr, as there will be no examination before a petty jury, Bollman’s pardon need not in that case to be delivered. but if a bill be found and a trial had, his evidence is deemed entirely essential, & in that case his pardon is to be produced before he goes to the dock. in my...
26Thomas Jefferson to George Hay, 16 July 1812 (Jefferson Papers)
This Postscript to my letter of the 13 th is occasioned by my discovering, on turning to Pleasant’s Collection of acts , vol. 2. for another purpose, that an act of assembly of Dec. 13. 1796 . made void all entries unless surveyed before Nov. 1. 1798. see page (29) chap. 41. there are subsequent acts in favor of locations under land-warrants, but I do not find in that collection, any...
27From Thomas Jefferson to George Hay, 23 June 1807 (Jefferson Papers)
In mine of the 12th. I informed you I would write to the Atty. General to send on the letter of Genl. Wilkinson of Oct. 21. referred to in my message of Jan. 22. he accordingly sent me a letter of that date, but I immediately saw that it was not the one desired, because it had no relation to the facts stated under that reference. I immediately, by letter, apprised him of this circumstance, and...
28From Thomas Jefferson to George Hay, 4 September 1807 (Jefferson Papers)
Your’s of the 1st. came to hand yesterday. the event has been what was evidently intended from the beginning of the trial, that is to say, not only to clear Burr, but to prevent the evidence from ever going before the world. but this latter case must not take place. it is now therefore more than ever indispensable that not a single witness be paid or permitted to depart until his testimony has...
29Thomas Jefferson to George Hay, 31 August 1811 (Jefferson Papers)
M r Bolling Robertson proposing to return shortly to N. Orleans to resume the practice of the law there, I have thought it best to engage him to conduct the examination of witnesses there when we get to that stage of Livingston’s suit. and in order that he might understand the points which are likely to be made in the cause, I have communicated to him my view of it. a great proportion of the...
30Thomas Jefferson to George Hay, 7 October 1810 (Jefferson Papers)
My statement of Livingston’s case has been submitted to the President , M r Smith & mr Gallatin , and is now in the hands of mr Rodney . when I recieve it from him, I shall give it a thorough revisal, and avail myself of their suggestions for it’s correction; which done it shall be immediately deposited with yourself & mr Wirt . mr Tazewell has had the perusal of it; and his letter to me...