[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 subpœna."
[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] Blennerhassett 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." (Blennerhassett 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.) Blennerhassett, 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." (Blennerhassett Papers: Safford, 422.)