11From Thomas Jefferson to George Hay, 20 May 1807 (Jefferson Papers)
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...
12To Thomas Jefferson from George Hay, 25 May 1807 (Jefferson Papers)
Your letter of the 20th. inclosing Dunbaughs affidavit, and a pardon for Bollman was received on the 22d. With the latter I know not what to do. Your direction is to deliver the pardon “previously”: Mr. Madison’s letter says that it is not to be used, but in the event of its being material. We have therefore determined to act on the safest side, and to hold Bollman bound as he is now, until an...
13From 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...
14From 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...
15To Thomas Jefferson from George Hay, 31 May 1807 (Jefferson Papers)
Your letter of the 26th. inst: is before me. My reply to it would have been of an earlier date, if my time had not been completely occupied. The trial of Burr has indeed commenced under inauspicious circumstances, and I have no doubt that its progress will be as unfavorable as its Commencement. What the issue may be, it is impossible to foretell. The delay on the part of Wilkinson, is matter...
16From 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...
17From 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...
18To Thomas Jefferson from George Hay, 5 June 1807 (Jefferson Papers)
In consequence of Gen: Dearborn’s letter to me received a few days past, stating that Gen: Wilkinson might be expected here on the 28. or 30th. ulto. I prayed the Court to keep the grand Jury embodied. By tuesday next we may possibly hear of his being on the way. We have determined not to present the bills until there is a prospect of a trial before a petit jury. A third of ineffectual effort...
19To Thomas Jefferson from George Hay, 9 June 1807 (Jefferson Papers)
The inclosed was delivered to me this morning, after I had entered the bar. Occupied the moment afterwards by some urgent business; I gave no answer, and in fact supposed that an answer after the Court rose, was all that was expected. At three O’clock, however, after the Gr. Jury had been called & adjourned, Mr. B. moved the Court, for a Subpœna duces tecum, directed to the Pr: U:S. to enforce...
20To Thomas Jefferson from George Hay, 11 June 1807 (Jefferson Papers)
I have the pleasure to inform you that I this moment received a letter by express from Gen: Wilkinson, dated 10th. inst. 4. oclock p.m. Hampton, stating that he, with ten witnesses, eight of them Burr’s Select men, will be here on Saturday morning next. Yesterday and this day were consumed in debate as animated as it was frivolous. Every thing that was said, was intended for the people behind...