they apprehende, that the prosecution of Barr, might lead to disclosures against themselves, and their friends. For it is to be recollected, that the publications of the day implicated all conspirators, both old and new: and that at the very time the address already mentioned, for an inquiry into Judge Sebastian's pension, was in the hands of a member of the legislature. While culprits, no less than honest men, have a common feeling, the escape of onc, can but keep alive the hopes of the rest; and induce a co-operation for the impunity of each.

In the case contemplated, the attorney for the United States on the one side, and Colonel Burr on the other, served to arrange and designate the parties. The colonel, had a large majority; the attorney found himself in a small minority. All the fragments of former conspiracies, both Spanish and French, as well as those immediately engaged with Burr, and all such as they could influence, took side with the colonel: many indeed, honestly believing him innocent, who would have spurned him had they thought him guilty. But that was, by means of disguise and misrepresentation, to be prevented. The object now, among the friends of Colonel Burr, was to elicit the sympathy of the public, by holding him up as an innocent man, persecuted by federalists, and their adherents; and by openly countenancing him; while they exerted themselves to put the attorney out of countenance, by personal slights, and by raising the cry against him, of persecuting the innocent, instead of prosecuting the guilty. Thus was the officer of the law, for attempting to relieve the country, from one who was machinating against the integrity, peace, and honour of the government, enough mortified, by the previous neglect of the president of the United States, yet to be set forth, and now increased by seeing the guilty intriguer likely to evade the exposure, and the punishment he merited, quite put to shame by reproach and obloquy.

He had, with the vigilance which belonged to his character, ascertained the conspiracy of Burr in its first opening bud, and, with the promptitude of a faithful public servant, communicated what he discovered from time to time to the president; he had,

at the risk of health and life, neglected his own business, on a visit to St. Louis, with the sole view of collecting intelligence for the executive; and for it all, had received the most pointed neglect, after an acknowledgment of his first communication, and a solicitation to persevere. He saw in Frankfort the governor of Kentucky, not merely neutral, but in his official ca pacity contributing to lull suspicion, and to smooth the way to the success of Burr's projects. For although the speech to the legislature at the opening of the session, treats of the "paction" with Virginia about lands, so far from turning public attention on the active but secret and clandestine intrigue, then assailing the morals of the people, together with their allegiance; he even drops in a suporific, lest, it would seem, they might be wakened to apprehensions, or to soothe those which had been excited: by suggesting that all was in a state of safety, peace and tranquillity. And this the day, on which the attorney of the United States, made his first motion for process against Colonel Burr. The case of Sebastian, was then also in preparation, but not a hint from the governor as to either.

It is not said, with any personal view to the editor, for it is believed that he was ignorant of the guilt of the parties, but the "Palladium," was an active, and not inefficient organ of concealment and misrepresentation for conspirators, contributing much to the general delusion. Nor is it to be expected, in a country and government like this, but that such vehicles ever will be found, for such purposes. Similar observations are to be made in relation to the hireling author previously alluded to it is believed, that he was imposed on, or he would not have been employed; for it is very certain he was in no other manner concerned. To name him, though now no more, seems but justice to the living. The late William Littell, was the man: The evidence of his employment, is to be found in his own deposition. He was paid, for one production, by Innis, Brown, and Wallace, fifty dollars each; and cheated of the other fifty by Sebastian.

And now, it is deemed pertinent, to inquire into the facts and circumstances, of the correspondence which took place between

the attorney of the United States, and the president, in regard to the intrigue of this year; and also, to notice some collateral information given to the public, and hence accessible by Mr. Jefferson, the better to enable the reader to appreciate his merit in this, as well as in another branch of this case.

To descend to particulars-The attorney for the United States in the district of Kentucky, having in the latter part of the year 1805, obtained information that sundry citizens of Kentucky, were pensioners of the Spanish government-that a revolutionary scheme had been projected for the west; the preparations for which, were progressing with great secrecy, under the direction of Colonel Burr, and his coadjutors-that it embraced men of distinction in the atlantic states, and others of high standing in Kentucky: he however, seeing no immediate danger, suspending his communications to the president, for some time, in order to get further, and more perfect intelligence; did on the 10th of January 1806, write to him on the subject. And from that letter, is taken the following extract, in addition to the foregoing information, viz:

"The dangers which I fear, may be trivial or distant, but as on the other hand, they may be near, and momentous; and in such case your being early apprised of them highly important; it is a duty I owe you as the chief of my government to give you timely hints, whereby you may forestall the danger and bring the traitors to punishment in due season."

Another "A separation of the union in favour of Spain, is the object finally."

Again-"This plot is laid wider than you imagine. Men tion the subject to no man from the western country, however high in office he may be. Some of them are deeply tainted with this treason. I hate duplicity of expression, but on this subject I am not authorized to be explicit; nor is it necessary. You will despatch some fit person into the Orleans country to inquire, having letters with him from the suspected gentlemen, and he can fully and easily develop the whole business. Do not think this a slight advertisement."

In a letter of the 15th of February, from the president, he acknowledges the receipt of the foregoing, and requests the

attorney to continue to furnish him with all the information he can collect, and particularly with the names of the persons concerned.

Well then, the president was informed of the embryo plot, before the 15th of February, 1806, by the attorney of the government, in Kentucky. He had also been warned by General Eaton in the winter 1805-6, sooner or later. But this is not all, nor half. For before the receipt of the president's letter, the attorney getting impatient, wrote him a second, on the 10th of the same February; and among other things observed: "You must have remarked Mr. Burr's journey out to this country last year. What was he after?" &c. "He went down the Ohio with Wilkinson. At Massac they were closeted five days. Burr was helping him arrange his new government-so it was given out. Then Burr went to New Orleans; then gallopped across the country to Nashville; then up to Louisville; then through the wilderness to St. Louis, again to see Wilkinson; then to Lexington; and then to see the senator in Ohio," &c.--Accom. panying this letter, was a schedule of those who were thought to be concerned; on that list, were the names of Burr, and Wilkinson.

On the 5th of March, no letter having yet arrived from the president, the attorney wrote his third communication: expressing anxiety to know if his former letters had come to hand, or not; and giving information that he would pursue his inquiries in a journey for that purpose, "being more and more confirmed in his opinions."

The 27th of March, the president's answer to the attorney's first letter, as mentioned, came to hand; and a fourth letter was immediately written to him. This and some others contain a variety of local details, unnecessary here. The journey was executed, Wilkinson seen, suspicions confirmed, and some information obtained, all of which was transmitted to the presi dent in a letter of July; being much disappointed, and not a little mortified, on finding no letter from the president on his return home the 3d of June. The fifth, being that of July, gives a recital of occurrences at St. Louis, and says

VOL. II.

"My duty however, as a citizen, to you, is not fulfilled, until I tell you that I have it from an authority which I cannot disregard, that the present project is not the original one, but a new scheme engrafted on it. Its outlines are, to cause a revolt of the Spanish provinces, and a severance of all the western states and territories from the union, to coalesce and form one government.”

This information was in a letter which must have been received by the president in July, or the beginning of August. It also conveyed to him the names of those known or believed to be concerned: Colonel Burr at the head of the list. Thus early was the president informed of the intrigue: And it will be remarked, that its outline and ulterior object, is as well defined, as at any time it could have been, even after Burr's trial in Richmond; which brought forth, as it may be supposed, all the information possessed by the government. Why, it may be asked, did not President Jefferson issue his proclamation in August? For the same reason, no doubt, that he did not respond to the communications of the attorney: he had made his calculations. An attempt to analyze them, will be postponed to a more advanced period. In the interim, the correspondence will be pursued.

The attorney finding that he could get no further letter from the president, on the 14th of August addressed one to the secretary of state of the United States, which was marked, private. In this he gave various explanations and corroborations of his previous intelligence to the president: taking it for a certainty, that he had seen those communications.

On the 18th of September, the receipt of this is acknowledged, by one from the secretary, of five lines; in which are two ideas: one, "that it shall receive confidential attention;" the other, "that a letter from the president was enclosed." The enclosed was dated the 12th of the month. It acknowledged the receipt of five letters in due time; and assigns as a reason for not answering them, the absence of the author from home: without one word of response, or inquiry, as to the contents of the letters. Omitting, also, every species of instruction how to proceed in relation to the enterprise of Burr-by