Volume III Part 48 (1/2)

[991] _Burr Trials_, I, 20. His ”property,” however, represented borrowed money.

[992] Burr to his daughter, May 15, 1807, Davis, II, 405-06.

[993] Burr to his daughter, May 15, 1807, Davis, II, 405-06.

[994] Giles to Jefferson, April 6, 1807, Anderson, 110. The date is given in Jefferson to Giles, April 20, 1807, _Works_: Ford, X, 383.

[995] Parton: _Burr_, 455.

[996] ”Altho' at first he proposed a separation of the Western country, ... yet he very early saw that the fidelity of the Western country was not to be shaken and turned himself wholly towards Mexico and so popular is an enterprize on that country in this, that we had only to be still, & he could have had followers enough to have been in the city of Mexico in 6. weeks.” (Jefferson to James Bowdoin, U.S.

Minister to Spain, April 2, 1807, _Works_: Ford, X, 381-82.)

In this same letter Jefferson makes this amazing statement: ”If we have kept our hands off her [Spain] till now, it has been purely out of respect for France.... We expect therefore from the friends.h.i.+p of the emperor [Napoleon] that he will either compel Spain to do us justice, or abandon her to us. We ask but one month to be in ... the city of Mexico.”

[997] McCaleb, 325.

[998] See _infra_, 476-77; also vol. IV, chap. I, of this work.

[999] See Nicholson to Monroe, April 12, 1807, Adams: _Randolph_, 216-18. Plumer notes ”the rancor of his personal and political animosities.” (Plumer, 356.)

[1000] Jefferson to James Bowdoin, U.S. Minister to Spain, April 2, 1807, _Works_: Ford, X, 382.

[1001] This was flatly untrue. No process to obtain evidence or to aid the prosecution in any way was ever denied the Administration. This statement of the President was, however, a well-merited reflection on the tyrannical conduct of the National judges in the trials of men for offenses under the Sedition Law and even under the common law. (See _supra_, chap. I.) But, on the one hand, Marshall had not then been appointed to the bench and was himself against the Sedition Law (see vol. II, chap. XI, of this work); and, on the other hand, Jefferson had now become as ruthless a prosecutor as Chase or Addison ever was.

[1002] These were: ”1. The enlistment of men in a regular way; 2. the regular mounting of guard round Blennerha.s.sett's island; ... 3. the rendezvous of Burr with his men at the mouth of the c.u.mberland; 4. his letter to the acting Governor of Mississippi, holding up the prospect of civil war; 5. his capitulation, regularly signed, with the aides of the Governor, as between two independent and hostile commanders.”

[1003] The affidavits in regard to what happened on Blennerha.s.sett's island would necessarily be lodged in Richmond, since the island was in Virginia and the United States Court for the District of that State alone had jurisdiction to try anybody for a crime committed within its borders.

Even had there been any doubt as to where the trial would take place, the Attorney-General would have held the affidavits pending the settlement of that point; and when the place of trial was determined upon, promptly dispatched the doc.u.ments to the proper district attorney.

[1004] The reference is to the amendment to the Const.i.tution urged by Jefferson, and offered by Randolph in the House, providing that a judge should be removed by the President on the address of both Houses of Congress. (See _supra_, chap. IV, 221.)

[1005] Jefferson to Giles, April 20, 1807, _Works_: Ford, X, 383-88.

[1006] See Parton: _Burr_, 456-57. ”The real prosecutor of Aaron Burr, throughout this business, was Thomas Jefferson, President of the United States, who was made President of the United States by Aaron Burr's tact and vigilance, and who was able therefore to wield against Aaron Burr the power and resources of the United States.” (_Ib._ 457.) And see McCaleb, 361.

[1007] Jefferson to the Secretary of State, April 14, 1807, _Works_: Ford, X, 383.

[1008] Jenkinson: _Aaron Burr_, 282-83.

[1009] Jefferson to ”Bollman,” Jan. 25, 1807, Davis, II, 388.

[1010] Bollmann's narrative, Davis, II, 389.

[1011] McCaleb, 331.

[1012] Jefferson to the United States District Attorney for Virginia, May 20, 1807, _Works_: Ford, X, 394-401.

Bollmann, in open court, scornfully declined to accept the pardon. (See _infra_, 452.)

[1013] Wilkinson was then _en route_ by sea to testify against Burr before the grand jury.