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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.
8 March 1805, Department of State . “I shall be obliged by your forwarding me an accurate copy of the law understood to have been lately passed by the Legislature of Virgina [ sic ] respecting the deserters from the British Vessels.” Letterbook copy ( DNA : RG 59, DL , vol. 14). 2 pp. For the law, see JM to James Monroe, 6 Mar. 1805 , and n. 10.
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...
§ To George Hay. 29 October 1805, Department of State. “In answer to your letter of the 23d: inst. [not found] I have to state that passports or sea letters were at no time in the year 1796 withheld from our Vessels by the Government. How far the inability alleges [ sic ] of procuring one from the Custom House at Norfolk may have been produced by a casual defect of those documents in the hands...
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 commission for the Marshall of Virginia District was forwarded to his address in Amelia County. A duplicate will be enclosed to you by this days mail, which I beg the favor of you to transmit to him should he be elsewhere than in Amelia. I am &c. DNA : RG 59—DL—Domestic Letters.
Your letter of the 4th. inst. has been duly recd. You will herewith receive an authenticated copy of the Proclamation of the President of the United States in relation to the three British ships of War, Leander, Cambrian & Driver. I am &c. DNA : RG 59—DL—Domestic Letters.
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...
Your letter of the 9th is this moment recieved. Reserving the necessary right of the President of the US. to decide, independantly of all other authority, what papers, coming to him as President, the public interests permit to be communicated, & to whom, I assure you of my readiness, under that restriction, voluntarily to furnish on all occasions whatever the purposes of justice may require....
I received by the mail of last evening, your letter of the 13th. instant, and in compliance with its request, inclose an authenticated copy of the Proclamation of the President bearing date the 27th. of Novr: last, the only one issued by him in reference to the object stated in your letter. The other documents requested, will be forwarded by the Secretaries of War and the Navy. I remain &c....
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...
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...
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...
Mr. Latrobe now comes on as a witness against Burr. his presence here is with great inconvenience dispensed with, as the 150. workmen require his constant directions on various public works of pressing importance. I hope you will permit him to come away as soon as possible. how far his testimony will be important as to the prisoner I know not, but I am desirous that those meetings of Yrujo...
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...
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...
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.
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...
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...
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...
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...
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...
Genl. Wilkinson has asked permission to make use, in the statement of Burr’s affair which he is about to publish, of the documents placed in your hands by mr Rodney. to this, consent is freely given with one reservation. some of these papers are expressed to be confidential. others containing censures on particular individuals, are such as I always deem confidential, & therefore cannot...
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...