Volume III Part 64 (1/2)

[1286] _Ib._ 480. This statement of Botts is of first importance. The whole proceeding on the part of the Government was conspicuously marked by a reliance upon public sentiment to influence court and jury through unceasing efforts to keep burning the fires of popular fear and hatred of Burr, first lighted by Jefferson's Proclamation and Message. Much repet.i.tion of this fact is essential, since the nature and meaning of the Burr trial rests upon it.

[1287] _Burr Trials_, II, 481-503.

[1288] Van Santvoord: _Sketches of the Lives and Judicial Services of the Chief-Justices of the United States_, 379. Yet popular sentiment was the burden of many of the speeches of Government counsel throughout the trial.

[1289] _Blennerha.s.sett Papers_: Safford, 402.

[1290] _Burr Trials_, II, 504.

[1291] _Ib._ 511.

[1292] Jefferson to Hay, no date; but Paul Leicester Ford fixes it between August 7 and 20, 1807. It is, says Ford, ”the mere draft of a letter ... which may never have been sent, but which is of the utmost importance.” (_Works_: Ford, X, 406-07.) It would seem that Jefferson wrote either to Marshall or Judge Griffin personally, for the first words of his astounding letter to Hay were: ”The _enclosed letter_ is written in a spirit of conciliation,” etc., etc. Whether or not the President actually posted the letter to Hay, the draft quoted in the text shows the impression which Marshall's order made on Jefferson.

(Italics the author's.)

[1293] _Burr Trials_, II, 513-14.

[1294] _Ib._ 514-33.

[1295] This remark of Marshall would seem to indicate that Hay had tried to patch up ”a truce” between the President and the Chief Justice, as Jefferson desired him to do. If so, it soon expired.

[1296] _Burr Trials_, II, 533-37.

[1297] Hay to Jefferson, Sept. 5, 1807, Jefferson MSS. Lib. Cong.

[1298] The printed record does not show this, but Jefferson, in his letter to Hay, September 7, says: ”I received, late last night, your favor of the day before, and now re-enclose you the subpoena.”

[1299] Jefferson to Hay, Sept. 7, 1807, _Works_: Ford, X, 408.

[1300] For some reason the matter was not again pressed. Perhaps the favorable progress of the case relieved Burr's anxiety. It is possible that the ”truce” so earnestly desired by Jefferson was arranged.

[1301] _Blennerha.s.sett Papers_: Safford, 394.

[1302] ”Today, the Chief Justice has delivered an able, full, and luminous opinion as ever did honor to a judge, which has put an end to the present prosecution.” (_Blennerha.s.sett Papers_: Safford, 403.)

[1303] _Annals_, 10th Cong. 1st Sess. 416-19.

[1304] This appears from the record itself. (See Wilkinson's testimony, _ib._ 512-44; also testimony of Major James Bruff, _ib._ 589-90.) Blennerha.s.sett, who usually reported faithfully the general impression, notes in his diary: ”The General exhibited the manner of a sergeant under a courtmartial, rather than the demeanor of an accusing officer confronted with his culprit.” (_Blennerha.s.sett Papers_: Safford, 422.)

[1305] _Ib._ 418.

[1306] Record, MSS. Archives U.S. Circuit Court, Richmond, Va.

[1307] _Blennerha.s.sett Papers_: Safford, 404.

[1308] _Ib._ 409-10.

[1309] _Ib._ 416.

[1310] _Ib._ 412-13.

[1311] Daveiss: ”A View of the President's Conduct Concerning the Conspiracy of 1806.”