The Writings of Thomas Jefferson, Vol. 5 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
History
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,--Yours of the 17th was received last night. Three blank pardons
had been (as I expect) made up and forwarded by the mail of yesterday,
and I have desired three others to go by that of this evening. You ask
what is to be done if Bollman finally rejects his pardon, and the Judge
decides it to have no effect? Move to commit him immediately for treason
or misdemeanor, as you think the evidence will support; let the Court
decide where he shall be sent for trial; and on application, I will have
the marshall aided in his transportation, with the executive means. And
we think it proper, further, that when Burr shall have been convicted
of either treason or misdemeanor, you should immediately have committed
all those persons against whom you should find evidence sufficient,
whose agency has been so prominent as to mark them as proper objects of
punishment, and especially where their boldness has betrayed an inveteracy
of criminal disposition. As to obscure offenders and repenting ones, let
them lie for consideration.
I enclose you the copy of a letter received last night, and giving
singular information. I have inquired into the character of Graybell. He
was an old revolutionary captain, is now a flour merchant in Baltimore,
of the most respectable character, and whose word would be taken as
implicitly as any man's for whatever he affirms. The letter writer, also,
is a man of entire respectability. I am well informed, that for more than
a twelvemonth it has been believed in Baltimore, generally, that Burr was
engaged in some criminal enterprise, and that Luther Martin knew all about
it. We think you should immediately despatch a subpœna for Graybell; and
while that is on the road, you will have time to consider in what form
you will use his testimony; _e. g._ shall Luther Martin be summoned as a
witness against Burr, and Graybell held ready to confront him? It may be
doubted whether we could examine a witness to discredit our own witness.
Besides, the lawyers say that they are privileged from being forced to
breaches of confidence, and that no others are. Shall we move to commit
Luther Martin, as _particeps criminis_ with Burr? Graybell will fix upon
him misprison of treason at least. And at any rate, his evidence will
put down this unprincipled and impudent federal bull-dog, and add another
proof that the most clamorous defenders of Burr are all his accomplices.
It will explain why Luther Martin flew so hastily to the "aid of his
honorable friend," abandoning his clients and their property during a
session of a principal court in Maryland, now filled, as I am told, with
the clamors and ruin of his clients. I believe we shall send on Latrobe as
a witness. He will prove that Aaron Burr endeavored to get him to engage
several thousand men, chiefly Irish emigrants, whom he had been in the
habit of employing in the works he directs, under pretence of a canal
opposite Louisville, or of the Washita, in which, had he succeeded, he
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