And so popular is an enterprise on that country in this, that we had only to lie still, and he would have had followers enough to have been in the city of Mexico in six weeks.  You have doubtless seen my several messages to Congress, which gave a faithful narrative of that conspiracy.  Burr himself, after being disarmed by our endeavors of all his followers, escaped from the custody of the court of Mississippi, but was taken near Fort Stoddart, making his way to Mobile, by some country people, who brought him on as a prisoner to Richmond, where he is now under a course for trial.  Hitherto we have believed our law to be, that suspicion on probable grounds was sufficient cause to commit a person for trial, allowing time to collect witnesses till the trial.  But the judges here have decided, that conclusive evidence of guilt must be ready in the moment of arrest, or they will discharge the malefactor.  If this is still insisted on, Burr will be discharged; because his crimes having been sown from Maine, through the whole line of the western waters, to New Orleans, we cannot bring the witnesses here under four months.  The fact is, that the federalists make Burr’s cause their own, and exert their whole influence to shield him from punishment, as they did the adherents of Miranda.  And it is unfortunate that federalism is still predominent in our judiciary department, which is consequently in opposition to the legislative and executive branches, and is able to baffle their measures often.

Accept my friendly salutations, and assurances of great esteem and respect.

Th:  Jefferson.

LETTER XLIII.—­TO WILLIAM B. GILES, April 20, 1807

TO WILLIAM B. GILES.

Monticello, April 20, 1807.

Dear Sir,

Your favor of the 6th instant, on the subject of Burr’s offences, was received only four days ago.  That there should be anxiety and 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 two thousand 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, and 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.