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.
I am happy in having the benefit of Mr. Madison's counsel on this
occasion, he happening to be now with me. We are both strongly of
opinion, that the prosecution against Burr for misdemeanor should
proceed at Richmond. If defeated, it will heap coals of fire on the
head of the Judge: if successful, it will give time to see whether a
prosecution for treason against him can be instituted in any, and
what other court. But, we incline to think, it may be best to send
Blannerhasset and Smith (Israel) to Kentucky, to be tried both for the
treason and misdemeanor.
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