“
say there are five packages, and it is possible he may have sent the two for Congress with the three for me. those intended
for me whether 3. or 5. I will ask the favor of you to have delivered to the Fredericksbg stage . . .
”
On April 12 Jefferson wrote to his three lawyers, George Hay, William Wirt, & L. W. Tazewell.
To Hay he wrote: “
Livingston’s suit having gone off on the plea to the jurisdiction, it’s foundation remains of course unexplained to the public.
I therefore concluded to make it public thro’ the ordinary channel of the press. an earlier expectation of the pamphlet, and
the desire to send you one induced me, from post to post, to delay acknoleging the reciept of your letter informing me of
the dismission, and the more essential acknolegements for your kind aid in this unpleasant affair. considering the infinite
trouble which the question of right to the batture, & the immense volume of evidence to be taken at New Orleans would have
given to my counsel and myself, I am well satisfied to be relieved from it, altho’ I had a strong desire that the public should
have been satisfied by a trial on the merits, and the abler discussion of them by my counsel . . .
”
In this letter, Jefferson enclosed a draft for Hay’s services, and acknowledged the return of the printed pamphlets and documents.
Hay replied on April 21, returning the draft, cancelled (which was later sent back by Jefferson), and mentioned: “. . . I shall accept your pamphlet on the subject of the batture, with great pleasure. I hope that some person will attempt
to answer it . . .”
To William Wirt, Jefferson wrote: “
M
r. Livingston’s suit having gone off on the plea to the jurisdiction, it’s foundation remains of course unexplained to the
public. I have therefore concluded to make it public thro’ the ordinary channel of the press. an earlier expectation of the
pamphlets with the desire to send you one has delayed, from post to post, my sooner acknoleging your kind aid in this case,
and praying your acceptance of the remuneration I now inclose, for the trouble I gave you in reading so much stuff on the
subject, and your exertions in the defence. the debt of gratitude however is of a different nature, & is sincerely felt, considering
the infinite trouble which the question of right to the Batture, & the immense volume of evidence to be taken at New Orleans
would have given, to my counsel and myself. I am well satisfied to be relieved from it, altho’ I had had a strong desire that
the public should have been satisfied by a trial on the merits, & the abler discussion of them by my counsel . . .
"
P. S. Altho the pamphlets have been some weeks at Freds(
~b
)
g and expected by every stage, I am still disappointed in recieving them. I detain my letter therefore no longer, but will
inclose one on it’s arrival.
”
This letter, with the receipt of Jefferson’s draft for the fee, was acknowledged by Wirt on April 15: “I have your favor by the last mail, covering an hundred dollars (a draft on Gibson & Jefferson) as a fee in the suit of Livingston
against you. This is much more than an equivalent for any trouble I have had in the case. In truth, I have had no trouble
in it. The investigation has been to me both a pleasure and instruction, and in itself, a compleat remuneration. From you
I should never have wished a fee in this case. I did not consider it as your case any more than mine or that of any other
citizen whom you represented at the time. Even now I am dubious of the propriety of accepting this fee, and it is only the
conviction that these costs will not be left by the government to rest on you, that prevents me from returning the draft.
"I am glad that your exposition of The Batture question is to be given to the public. It is by far the best piece of grecian
architecture that I have ever seen, either from ancient or modern times. I did not think it possible that such a subject could
be so deeply and at the same time so airily treated--because I never before had seen such an union of lightness and solidity,
of beauty and power, in any investigation. But, for the purposes which are yours in the publication, justice to yourself,
to the public and to the rights of New Orleans, the step is certainly proper in a high degree, and must extinguish forever
the hopes of M
r. Livingston from that sordid and ”