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Subject Area: Political Theory
Topic: The American Revolution and Constitution

TO THE UNITED STATES DISTRICT ATTORNEY FOR VIRGINIA 1 (GEORGE HAY.) - Thomas Jefferson, The Works, vol. 10 (Correspondence and Papers 1803-1807) [1905]

Edition used:

The Works of Thomas Jefferson, Federal Edition (New York and London, G.P. Putnam’s Sons, 1904-5). Vol. 10.

Part of: The Works of Thomas Jefferson, 12 vols.

About Liberty Fund:

Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals.


TO THE UNITED STATES DISTRICT ATTORNEY FOR VIRGINIA1
(GEORGE HAY.)

j. mss.

Dear Sir.

—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 on the same evening committed to writing, by memory, what he had said; & I moreover asked of Bollman to do it himself, which he did, & I now enclose it to you. The object is as he is to be a witness, that you may know how to examine him, & draw everything from him. I wish the paper to be seen & known only to yourself and the gentlemen who aid you, & to be returned to me. If he should prevaricate, I should be willing you should go so far as to ask him whether he did not say so & so to Mr. Madison & myself. In order to let him see that his prevarications will be marked, Mr. Madison will forward you a pardon for him, which we mean should be delivered previously. It is suspected by some he does not intend to appear. If he does not, I hope you will take effectual measures to have him immediately taken into custody. Some other blank pardons are sent on to be filled up at your discretion, if you should find a defect of evidence, & believe that this would supply it, by avoiding to give them to the gross offenders, unless it be visible that the principal will otherwise escape. I send you an affidavit of importance received last night. If General Wilkinson gets on in time, I expect he will bring Dunbaugh on with him. At any rate it may be a ground for an arrest & commitment for treason. Accept my friendly salutations, & assurances of great esteem and respect.

[1 ]For convenience, all the letters written by Jefferson to Hay during the Burr trial follow:

Washington May 26, 07.

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, and 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 of all those parts which I ought to permit to be made public. Those not communicated are in nowise material for the purposes of justice on the charges of treason or misdemeanor depending against Aaron Burr; they are on subjects irrelevant to any issues which can arise out of those charges, & could contribute nothing towards his acquittal or conviction. The papers mentioned in the 1st and 3d paragraphs, as enclosed in the letters, being separated therefrom, & not in my possession, I am unable, from memory, to say what they were. I presume they are in the hands of the attorney for the U. S. Given under my hand this 7th day of September, 1807.