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    • Jefferson, Thomas
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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.
The inclosed paper came to my hand Yesterday and although it expresses itself as confidential, I do not consider that as forbidding my communicating it to you confidentially, that you may be the better able to estimate all other matters bearing on the same point, as well as the letter thrown out as a blind. I salute you with great esteem & respect. DLC : Papers of Thomas Jefferson.
Understanding that it is thought important that a letter of Nov. 12. 1806. from General Wilkinson to myself, should be produced in evidence on the charges against Aaron Burr depending in the District court now sitting in Richmond, I send you a copy of it, omitting only certain passages the nature of which is explained in the certificate subjoined to the letter. as the Attorney for the United...
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...
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...
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,...
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...
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...
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...
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 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...
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...
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...
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...
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...
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...
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...
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...
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...
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
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...
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...
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...
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...
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...
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...
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...
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...
The inclosed letter is written in a spirit of conciliation & with the desire to avoid conflicts of authority between the high branches of the govmt which would discredit it equally at home & abroad. that Burr & his counsel should wish to convert his trial into a contest between the judiciary & Exve authorities was to be expected. but that the Ch. justice should lend himself to it, and take the...
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...