The Writings of Thomas Jefferson, Vol. 5 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
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The Writings of Thomas Jefferson, Vol. 5 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
DEAR SIR,--Your letter of the 9th is this moment received. Reserving
the necessary right of the President of the United States to decide,
independently of all other authority, what papers, coming to him as
President, the public interests permit to be communicated, and to whom, I
assure you of my readiness under that restriction, voluntarily to furnish
on all occasions, whatever the purposes of justice may require. But
the letter of General Wilkinson, of October the 21st, requested for the
defence of Colonel Burr, with every other paper relating to the charges
against him, which were in my possession when the Attorney General went
on to Richmond in March, I then delivered to him; and I have always taken
for granted he left the whole with you. If he did, and the bundle retains
the order in which I had arranged it, you will readily find the letter
desired, under the date of its receipt, which was November the 25th; but
lest the Attorney General should not have left those papers with you, I
this day write to him to forward this one by post. An uncertainty whether
he is at Philadelphia, Wilmington, or New Castle, may produce delay in his
receiving my letter, of which it is proper you should be apprized. But, as
I do not recollect the whole contents of that letter, I must beg leave to
devolve on you the exercise of that discretion which it would be my right
and duty to exercise, by withholding the communication of any parts of the
letter, which are not directly material for the purposes of justice.
With this application, which is specific, a prompt compliance is
practicable. But when the request goes to "copies of the orders issued
in relation to Colonel Burr, to the officers at Orleans, Natchez, &c.
by the Secretaries of the War and Navy departments," it seems to cover
a correspondence of many months, with such a variety of officers, civil
and military, all over the United States, as would amount to the laying
open the whole executive books. I have desired the Secretary at War to
examine his official communications; and on a view of these, we may be
able to judge what can and ought to be done, towards a compliance with
the request. If the defendant alleges that there was any particular order,
which, as a cause, produced any particular act on his part, then he must
know what this order was, can specify it, and a prompt answer can be
given. If the _object_ had been specified, we might then have some guide
for our conjectures, as to what part of the executive records might be
useful to him; but, with a perfect willingness to do what is right, we are
without the indications which may enable us to do it. If the researches of
the Secretary at War should produce anything proper for communication, and
pertinent to any point we can conceive in the defence before the court, it
shall be forwarded to you.
I salute you with respect and esteem.
TO GEORGE HAY.
WASHINGTON, June 17, 1807.
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