[1285] Burr Trials, ii, 473-80.
[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 repetition 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] Blennerhassett 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.