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    • Jefferson, Thomas
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Documents filtered by: Author="Jefferson, Thomas" AND Recipient="Hay, George"
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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...
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...
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.
I recieved yesterday a letter from mr Wickham informing me that Edward Livingston had by letter desired him to issue a writ of Trespass on the case against me in the Federal district court of this state. I inferred from mr Wickham’s letter that he was not engaged for the plaintiff, and in answering his letter therefore, I requested his aid for myself, & further that he would be so good as to...
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
Your favor of July 20. was recieved on the 24 th . your conjecture is right that the plank E t c which Livingston’s declaration charges as taken away, was never touched by the marshal . the marshal , attended by his posse, ordered Liv’s people off, and they went off at once & without any opposition. if they left their tools E
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...
Your favor was recieved by the last post, and I now inclose you my statement in the case of the batture . further reflection and research has enabled me to make several additions, not unimportant. for the most valuable one however I am entirely indebted to a memoire of M. Moreau de Lislet which I very lately recieved from mr Rodney . this respects the law of France on the subject of Alluvions,...
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...
It is sometime since I recieved from mr Tazewell a letter in which he says ‘I presume it will be essential to procure much evidence from N.O. in order to sustain the defence proposed. as those however who may be there employed to prepare this evidence, from the circumstance of their not being accurately acquainted with the points & course of this defence, very probably may commit many errors,...
In a former letter I promised a list of the books quoted & possessed by me, & of those quoted but not possessed, that these last might be sought for in time, as far as necessary.that list is now inclosed with explanatory notes. such of them as it will be necessary for me to send, shall be sent to Richmond whenever desired. the communications by water between Richmond & Norfolk are so frequent,...
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...
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...
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...
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...
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...
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...
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...
Th: Jefferson presents his friendly respects to mr Hay and incloses him an order on Gibson & Jefferson for 50.D. for his services in the suit of Scott against him. he hopes it will be forced on at the first calling that he may be rid of the obligation which the purchaser required of him. he salutes mr Hay with friendship & respect. PoC ( DLC ); dateline at foot of text; endorsed by TJ....
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...
Congress having concluded to replace by my library the one which they lost by British Vandalism, it is now become their property, and of course my duty to collect and put in place whatever belongs to it. this obliges me to ask of you the return of Reyneval ’s law of nature and nations of which you asked the reading some time ago. if well wrapped up in paper it will come safely by the mail. Am...
I recieved yesterday your favor of the 14 th inclosing a paragraph cut from a newspaper, imputing to me expressions of opinion in the difference existing between the high authorities of the state of New York . be assured, Sir, that I have never uttered such expressions, nor even to form presumed to form an opinion on the case. I have the highest regard for all the parties: I have considered...
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...
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...
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...
Dr. Bollman, on his arrival here in custody in Jan. voluntarily offered to make communications to me, which he accordingly did, mr Madison also being present. I previously & subsequently assured him (without however his having requested it) that they should never be used against himself . mr Madison the same evening committed to writing, by memory, what he had said, & I moreover asked of...
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...
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...
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...
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...