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former begin in 1682； （Purvis' collection。） My collection of these is
in strong volumes； well bound； and therefore may safely be
transported anywhere。 Any of these volumes which you do not possess；
are at your service for the purpose of republication； but the
unprinted laws are dispersed through many MS。 volumes； several of
them so decayed that the leaf can never be opened but once without
falling into powder。 These can never bear removal further than from
their shelf to a table。 They are； as well as I recollect； from 1622
downwards。 I formerly made such a digest of their order； and the
volumes where they are to be found； that； under my own
superintendence； they could be copied with once handling。 More they
would not bear。 Hence the impracticability of their being copied but
at Monticello。 But independent of them； the printed laws； beginning
in 1682； with all our former printed collections； will be a most
valuable publication； & sufficiently distinct。 I shall have no doubt
of the exactness of your part of the work； but I hope you will take
measures for having the typography & paper worthy of the work。 I am
lead to this caution by the scandalous volume of our laws printed by
Pleasants in 1803； & those by Davis； in 1796 were little better； both
unworthy the history of Tom Thumb。 You can have them better &
cheaper printed anywhere north of Richmond。 Accept my salutations &
assurances of respect。
LESSONS OF THE BURR CONSPIRACY
_To Governor William C。 C。 Claiborne_
_Washington； February 3； 1807_
DEAR SIR； I pray you to read the enclosed letter； to seal
and deliver it。 It explains itself so fully； that I need say
nothing。 I am sincerely concerned for Mr。 Reibelt； who is a man of
excellent understanding and extensive science。 If you had any
academical berth； he would be much better fitted for thatthan for the
bustling business of life。 I enclose to General Wilkinson my message
of January 22d。 I presume； however； you will have seen it in the
papers。 It gives the history of Burr's conspiracy； all but the last
chapter； which will； I hope； be that of his capture before this time；
at Natchez。 Your situations have been difficult； and we judge of the
merit of our agents there by the magnitude of the danger as it
appeared to them； not as it was known to us。 On great occasions
every good officer must be ready to risk himself in going beyond the
strict line of law； when the public preservation requires it； his
motives will be a justification as far as there is any discretion in
his ultra…legal proceedings； and no indulgence of private feelings。
On the whole； this squall； by showing with what ease our government
suppresses movements which in other countries requires armies； has
greatly increased its strength by increasing the public confidence in
it。 It has been a wholesome lesson too to our citizens； of the
necessary obedience to their government。 The Feds； and the little
band of Quids； in opposition； will try to make something of the
infringement of liberty by the military arrest and deportation of
citizens； but if it does not go beyond such offenders as Swartwout；
Bollman； Burr； Blennerhasset； Tyler； &c。； they will be supported by
the public approbation。 Accept my friendly salutations； and
assurances of esteem and respect。
THE BURR TRIAL
_To William Branch Giles_
_Monticello； April 20； 1807_
DEAR SIR； Your favor of the 6th； on the subject of Burr's
offences； was received only 4 days ago。 That there should be anxiety
& doubt in the public mind； in the present defective state of the
proof； is not wonderful； and this has been sedulously encouraged by
the tricks of the judges to force trials before it is possible to
collect the evidence； dispersed through a line of 2000 miles from
Maine to Orleans。 The federalists； too； give all their aid； making
Burr's cause their own； mortified only that he did not separate the
Union or overturn the government； & proving； that had he had a little
dawn of success； they would have joined him to introduce his object；
their favorite monarchy； as they would any other enemy； foreign or
domestic； who could rid them of this hateful republic for any other
government in exchange。
The first ground of complaint was the supine inattention of the
administration to a treason stalking through the land in open day。
The present one； that they have crushed it before it was ripe for
execution； so that no overt acts can be produced。 This last may be
true； tho' I believe it is not。 Our information having been chiefly
by way of letter； we do not know of a certainty yet what will be
proved。 We have set on foot an inquiry through the whole of the
country which has been the scene of these transactions； to be able to
prove to the courts； if they will give time； or to the public by way
of communication to Congress； what the real facts have been。 For
obtaining this； we are obliged to appeal to the patriotism of
particular persons in different places； of whom we have requested to
make the inquiry in their neighborhood； and on such information as
shall be voluntarily offered。 Aided by no process or facilities from
the _federal_ courts； but frowned on by their new born zeal for the
liberty of those whom we would not permit to overthrow the liberties
of their country； we can expect no revealments from the accomplices
of the chief offender。 Of treasonable intentions； the judges have
been obliged to confess there is probable appearance。 What loophole
they will find in it； when it comes to trial； we cannot foresee。
Eaton； Stoddart； Wilkinson； and two others whom I must not name； will
satisfy the world； if not the judges； on that head。 And I do suppose
the following overt acts will be proved。 1。 The enlistment of men in
a regular way。 2。 The regular mounting of guard round
Blennerhassett's island when they expected Governor Tiffin's men to
be on them； _modo guerrino arraiali_。 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 aids of the Governor； as
between two independent & hostile commanders。
But a moment's calculation will shew that this evidence cannot
be collected under 4 months； probably 5。 from the moment of deciding
when & where the trial shall be。 I desired Mr。 Rodney expressly to
inform the Chief Justice of this； inofficially。 But Mr。 Marshall
says； 〃more than 5 weeks have elapsed since the opinion of the
Supreme court has declared the necessity of proving the overt acts；
if they exist。 Why are they not proved？〃 In what terms of decency
can we speak of this？ As if an express could go to Natchez； or the
mouth of Cumberland； & return in 5 weeks； to do which has never taken
less than twelve。 Again； 〃If； in Nov。 or Dec。 last； a body of troops
had been assembled on the Ohio； it is impossible to suppose the
affidavits establishing the fact could not have been obtained by the
last of March。〃 But I ask the judge where they should have been
lodged？ At Frankfort？ at Cincinnati？ at Nashville？ St。 Louis？
Natchez？ New Orleans？ These were the probable places of apprehension
& examination。 It was not known at _Washington_ till the 26th of
March that Burr would escape from the Western tribunals； be retaken &
brought to an Eastern one； and in 5 days after； （neither 5。 months
nor 5。 weeks； as the judge calculated；） he says； it is 〃impossible to
suppose the affidavits could not have been obtained。〃 Where？ At
Richmond he certainly meant； or meant only to throw dust in the eyes
of his audience。 But all the principles of law are to be perverted
which would bear on the favorite offenders who endeavor to overrun
this odious Republic。 〃I understand；〃 sais the judge； 〃_probable_
cause of guilt to be a case made out by _proof_ furnishing good
reason to believe；〃 &c。 Speaking as a lawyer； he must mean legal
proof； i。 e。； proof on oath； at least。 But this is confounding
_probability_ and _proof_。 We had always before understood that
where there was reasonable ground to believe guilt； the offender must
be put on his trial。 That guilty intentions were probable； the judge
believed。 And as to the overt acts； were not the bundle of letters
of information in Mr。 Rodney's hands； the letters and facts published
in the local newspapers； Burr's flight； & the universal belief or
rumor of his guilt； probable ground for presuming the facts of
enlistment； military guard； rendezvous； threats of civil war； or
capitulation； so as to put him on trial？ Is there a candid man in
the U S who does not believe some one； if not all； of these overt
acts to have taken place？
If there ever had been an instance in this or the preceding
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