[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 Blennerhassett's island; ... 3. the rendezvous of Burr with his men at the mouth of the Cumberland; 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 Blennerhassett'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 documents to the proper district attorney.
[1004] The reference is to the amendment to the Constitution 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.