1From 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...
2From 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...
3From 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.
4From James Madison to George Hay (Abstract), 8 March 1805 (Madison Papers)
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.
5From 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...
6From James Madison to George Hay, 29 October 1805 (Abstract) (Madison Papers)
§ 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...
7From 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...
8From James Madison to George Hay, 5 February 1807 (Madison Papers)
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.
9From James Madison to George Hay, 10 March 1807 (Madison Papers)
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.
10From 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...
11From 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...
12From 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...
13From 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...
14From 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...
15From Thomas Jefferson to George Hay, 12 June 1807 (Jefferson Papers)
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....
16From James Madison to George Hay, 17 June 1807 (Madison Papers)
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....
17From 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...
18From Thomas Jefferson to George Hay, 17 June 1807 (Jefferson Papers)
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...
19From 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...
20From Thomas Jefferson to George Hay, 20 June 1807 (Jefferson Papers)
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...
21From 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...
22From 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...
23From Thomas Jefferson to George Hay, 12 August 1807 (Jefferson Papers)
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.
24From 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...
25From 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...
26From Thomas Jefferson to George Hay, 7 September 1807 (Jefferson Papers)
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...
27From 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...
28From 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...
29From Thomas Jefferson to George Hay, 20 September 1807 (Jefferson Papers)
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...
30From 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...
31From Thomas Jefferson to George Hay, 16 February 1808 (Jefferson Papers)
I think it was mr Wythe’s practice to assign in the body of his decrees the reasons on which they were founded. if this was done in the case of Henderson & Peyton, you will oblige me by obtaining a copy of the decree (to be charged by the clerk to mr Peyton) and inclosing it to me. some property is offered of the value of which I can better judge when I see the reasons of the decree & can...
32Thomas Jefferson to William Wirt and George Hay, 19 May 1810 (Jefferson Papers)
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...
33James Monroe to George Hay, 23 May 1810 [document added in digital edition] (Jefferson Papers)
I called the day after the rec t of your letter on m r Jefferson and made the offer of y r services to him in the S ui t of M r Livingston in the case of the Bat ture. I saw no objection to y r
34Thomas 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
35Thomas Jefferson to George Hay, 1 August 1810 (Jefferson Papers)
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
36Thomas 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...
37Thomas Jefferson to George Hay, 11 November 1810 (Jefferson Papers)
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,...
38Thomas 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...
39Thomas Jefferson to George Hay and William Wirt, 23 March 1811 (Jefferson Papers)
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,...
40Thomas Jefferson to Littleton W. Tazewell, George Hay, and William Wirt, 9 April 1811 (Jefferson Papers)
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,...
41Thomas 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...
42Thomas 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...
43Thomas 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...
44Thomas 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...
45Thomas 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...
46Thomas 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...
47Thomas 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...
48Thomas Jefferson to George Hay, 26 July 1813 (Jefferson Papers)
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....
49Thomas 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...
50Thomas Jefferson to George Hay, 26 February 1815 (Jefferson Papers)
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...