United States could have
been given, than the vigor with which we have acted, and the expense
incurred, in suppressing the enterprise meditated lately by Burr against
Mexico. Although at first he proposed a separation of the western
country, and on that ground received encouragement and aid from Yrujo,
according to the usual spirit of his government towards us, yet he very
early saw that the fidelity of the western country was not to be
shaken, and turned himself wholly towards Mexico. 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 sedul