Alabama state intelligencer., 1831-06-11
Letter cf Thomas Jefferson to William B. Giles.

days ago. That there should be anxiety and doubt Tn the public mnd in the present defective state o the proof Is not wOnderful and this has been sedu
 ousy encouraged by the tricks of the judges to force trials before is possible to collect the evidence, dis persed through line of two thousand, miles from Maine to Orleans. The federalists too, give all their aid, making Burr's cause their own, mOl ltfed only that he did not separate the Union overturn the government, and proving that had he had lit tie dawn of success they would have joined him to introduce his object, their favorte monarchy, they wonlu any other enemy, foreign or domestic, who could rid them of lhls hateful republic for any other government in exchange.
 The first ground of complaint was the supine in- attention of the administration to treason stalking through the land in open day. The present one, that they have crushed it before it ripe for exc cutiOn, so that no overt acts can be produced. This last may be true |; though believe it is not Our information having been chiefly by way of letter. we do not know of a certainty what will yet be proved. We have set on foot an inquiry through the whole of the country which has been the scene of these trans actions to be able to prove to the courts fthey will give tlme or to the public by way of communication to Congress- what the real facts have been. For oh-
 ainlng this we obliged to appeal to the patriot ism 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 of fac- ties from the federal courts, but frowned by their new born zeal for the liberty of their country we can expect no reveaments from the accomplices of the chief offender. Of reasonable intentions the judges have been obliged 10 confess there is probable appearance. What oophole they will find in the case when it comes to trial, we cannot foresee. Eaton
 Stoddart, Wilkinson, and two others whom must not name, will satisfy the world if not the judges, of Burr's guilt. And l do suppose the following overt acts will be proved. ]. The enlistment of men, in regular way. 9 The regular mounting of guard round Blannerhassett's island when they expected Governor Tiiiins men to be on them, m0dO guerrin0 orraiati. 3. The rendezvous of Burr with his men at the mouth of Cumberland. 1. His letter to the acting Governor of Mississippi, holding up the pros- pect Of civil war D. His equalization reglarly sign ed with the aids of the Governor, as between two independent and hostile commanders.
 but d moments calculation wil shew that this evidence cannot be collected under four months pro- baby five, from the moment of deciding when and Where the trial shall be. 1 desired Mir Rodney ex- pfessly o inform the Chief Justice of this no otiica
 y. But Mir Marshall says, more than five weeks nave elapsed since the opinion of the Supreme Court
 has declared the necessity of proving the overt acts Il they exist Why are they not proved?' In what terms Of decency can we speak of this As if an express could go to Nauchez, or 10 the mouth of Cumberland, and return in five weeks, to do which has never taken less than twelve. Again, if in November or December last, Il body of troops had been assembled on the Ohio, II is impossible to SUD- pose the ahdavits establishing the fact could not nave been obtalned by the last of MarchP But ask the Judge where they should have been lodged ! At trankion2 at Cincinnati at Nashve7 St Lousi Natchez? New-Orleans? These were the probable places of apprehension and examination. 1t was not known at Washington till the 26th of March that Burr would escape from the western tribunals, be retaken and brought to eastern one and Tn hve days after (neither five months five weeks us the Judge calculated) he says it is mpos- slble to suppose the evidence could not have been ob:alned.' Where I At Richmond he certainly meant or meant only to throw dust in the eyes of his audience But all the principles of law to be perverted which wsud bear the favolte offenders who endeavor to osertu this odious republic. l understand says the Judge, probable of guilt to be case made out of prOof furnishing good reason to belle,e &c. Speaking a lawyer, he must mean legal proof l. proof oath. at least. But this is coniounding probability and proef 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, not the bundle of letters of information in Mir Rodney's hands, the letters and facts published in the local newspapers, Burr's flight and the uni versa belief or runor of his guilt, probable ground for presuming the facts of enlistment, military guard, rendezvous, threat of civil war; capitulation so as to put him on triali Is there a candid man in the United States does not believe some one, if not all, of these overt acts to have taken placel
 If there had been an instance in this or the preceding administrations, of federal judges apply ing principles of law as to condemn a federal ac- quit a republican offender, 1 should have judged them in the present with more charity. All ths however, will work well. The nation will judge both the offender and judges for themselves. fla member of the executive or legislature does wrong, the day is never far distant when the people will re- move him. They will see then and amend the er- TOT in our constitution which makes any branch in- do ppn1pn nff lQ TT9S1 III flUf of the great coordinate branches of e government, set ting itseJ in opposaioa to he other tco and to Me c0mmOn Sense of tie nation, prOclaims impuniy 10 that class 0f ofnderS hich endcdu0rS 10 ore,turn the constitution, 0nd Memseires protected in tt by Me constitution itset: for Impeachment is farce uhich ,ciu not Ge tried again. If their protection of Burr produces this amendment it will do more good than his condemnation would have done. Against Burr. personally, l never had one hostile sentiment. never indeed thought him an honest frankdeal- ing man, but considered him as crooked gun, or other perverted machine, whose aim shot you could never be sure of Still, while he possessed the confidence of the nation, thought it my duty to respect in him their confidence and to treat him if he deserved it: and if his punishment can be commuted now for an useful amendment of the con- stitution shall rejoice in it. My sheet being full
 I perceive it is high time to offer you my friendly saluations, and assure you ofmy constant and aec- tionate esteem and respect. I'll: JEFFERSON. | We have chosen to give the whole of the above instrucng letter in explanation of the motives which
 first dictated it, and the present application of that part bearing the Federal Judiciary. Here is pre- sented one of the greatest offences known to the laws of the and and yet under forms and techncalities the Chief Justice contrvedto place the notorious offend CT out of harms way; and in defiance of proof, and fhe common sense of he nation Aaron Burr escaped all punishment, except the condemnation of the peo-