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.

This criminal is preserved to become the rallying point of all the disaffected and the worthless of the United States, and to be the pivot on which all the intrigues and the conspiracies which foreign governments may wish to disturb us with, are to turn.  If he is convicted of the misdemeanor, the Judge must in decency give us respite by some short confinement of him; but we must expect it to be very short.  Be assured yourself, and communicate the same assurances to your colleagues, that your and their zeal and abilities have been displayed in this affair to my entire satisfaction and your own honor.

I salute you with great esteem and respect.

Th:  Jefferson.

LETTER LXII.—­TO GEORGE HAY, September 7, 1807

TO GEORGE HAY.

Monticello, September 7, 1807.

Dear Sir,

I received, late last night, your favor of the day before, and now re-enclose you the subpoena.  As I do not believe that the district courts have a power of commanding the executive government to abandon superior duties and 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 enclose you, therefore, a letter, public and for the court, covering substantially all they ought to desire.  If the papers which were enclosed in Wilkinson’s letter may, in your judgment, be communicated without injury, you will be pleased to communicate them.  I return you the original letter.