Memoir, Correspondence, and Miscellanies, From the Papers of Thomas Jefferson, Volume 4Jefferson, Thomas
History
Memoir, Correspondence, and Miscellanies, From the Papers of Thomas Jefferson, Volume 4
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
I received 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 and comfortable lodgings? In a country where an equal
application of law to every condition of man is fundamental, how could
it be denied to them? How can it ever be denied to the most degraded
malefactor? The enclosed letter of James Morrison, covering a copy of
one from Alston to Blannerhasset, came to hand yesterday. I enclose
them, because it is proper all these papers should be in one deposite,
and because you should know the case and all its bearings, that you may
understand whatever turns up in the cause. Whether the opinion of the
letter-writer is sound, may be doubted. For however these, and other
circumstances which have come to us, may induce us to believe that the
bouncing letter he published, and the insolent one he wrote to me, were
intended as blinds, yet they are not sufficient for legal conviction.
Blannerhasset and his wife could possibly tell us enough. I commiserate
the sufferings you have to go through in such a season, and salute you
with great esteem and respect.
Th: Jefferson.
LETTER LXI.--TO GEORGE HAY, September 4, 1807
TO GEORGE HAY.
Monticello, September 4, 1807.
Dear Sir,
Yours of the 1st came to hand yesterday. The event has been ------
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 been
committed to writing, either as delivered in court, or as taken by
yourself in the presence of any of Burr’s counsel, who may choose to
attend to cross-examine. These whole proceedings will be laid before
Congress, that they may decide, whether the defect has been in the
evidence of guilt, or in the law, or in the application of the law, and
that they may provide the proper remedy for the past and the future. I
must pray you also to have an authentic copy of the record made out
(without saying for what) and to send it to me: if the Judge’s opinions
make not a part of it, then I must ask a copy of them, either under his
hand, if he delivers one signed, or duly proved by affidavit.
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