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part13-第15章

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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

administrations; of federal judges so applying principles of law as

to condemn a federal or acquit a republican offender; I should have

judged them in the present case with more charity。  All this;

however; will work well。  The nation will judge both the offender &

judges for themselves。  If a member of the Executive or Legislature

does wrong; the day is never far distant when the people will remove

him。  They will see then & amend the error in our Constitution; which

makes any branch independent of the nation。  They will see that one

of the great co…ordinate branches of the government; setting itself

in opposition to the other two; and to the common sense of the

nation; proclaims impunity to that class of offenders which endeavors

to overturn the Constitution; and are themselves protected in it by

the Constitution itself; for impeachment is a farce which will not be

tried again。  If their protection of Burr produces this amendment; it

will do more good than his condemnation would have done。  Against

Burr; personally; I never had one hostile sentiment。  I never indeed

thought him an honest; frank…dealing man; but considered him as a

crooked gun; or other perverted machine; whose aim or stroke you

could never be sure of。  Still; while he possessed the confidence of

the nation; I thought it my duty to respect in him their confidence;

& to treat him as if he deserved it; and if this punishment can be

commuted now for any useful amendment of the Constitution; I shall

rejoice in it。  My sheet being full; I perceive it is high time to

offer you my friendly salutations; and assure you of my constant and

affectionate esteem and respect。







        HISTORY; HUME; AND THE PRESS




        _To John Norvell_

        _Washington; June 14; 1807_




        SIR;  Your letter of May 9 has been duly received。  The

subject it proposes would require time & space for even moderate

development。  My occupations limit me to a very short notice of them。

I think there does not exist a good elementary work on the

organization of society into civil government: I mean a work which

presents in one full & comprehensive view the system of principles on

which such an organization should be founded; according to the rights

of nature。  For want of a single work of that character; I should

recommend Locke on Government; Sidney; Priestley's Essay on the first

Principles of Government; Chipman's Principles of Government; & the

Federalist。  Adding; perhaps; Beccaria on crimes & punishments;

because of the demonstrative manner in which he has treated that

branch of the subject。  If your views of political inquiry go

further; to the subjects of money & commerce; Smith's Wealth of

Nations is the best book to be read; unless Say's Political Economy

can be had; which treats the same subject on the same principles; but

in a shorter compass & more lucid manner。  But I believe this work

has not been translated into our language。




        History; in general; only informs us what bad government is。

But as we have employed some of the best materials of the British

constitution in the construction of our own government; a knolege of

British history becomes useful to the American politician。  There is;

however; no general history of that country which can be recommended。

The elegant one of Hume seems intended to disguise & discredit the

good principles of the government; and is so plausible & pleasing in

it's style & manner; as to instil it's errors & heresies insensibly

into the minds of unwary readers。  Baxter has performed a good

operation on it。  He has taken the text of Hume as his ground work;

abridging it by the omission of some details of little interest; and

wherever he has found him endeavoring to mislead; by either the

suppression of a truth or by giving it a false coloring; he has

changed the text to what it should be; so that we may properly call

it Hume's history republicanised。  He has moreover continued the

history (but indifferently) from where Hume left it; to the year

1800。  The work is not popular in England; because it is republican;

and but a few copies have ever reached America。  It is a single 4to。

volume。  Adding to this Ludlow's Memoirs; Mrs。 M'Cauley's & Belknap's

histories; a sufficient view will be presented of the free principles

of the English constitution。




        To your request of my opinion of the manner in which a

newspaper should be conducted; so as to be most useful; I should

answer; ‘by restraining it to true facts & sound principles only。'

Yet I fear such a paper would find few subscribers。  It is a

melancholy truth; that a suppression of the press could not more

compleatly deprive the nation of it's benefits; than is done by it's

abandoned prostitution to falsehood。  Nothing can now be believed

which is seen in a newspaper。  Truth itself becomes suspicious by

being put into that polluted vehicle。  The real extent of this state

of misinformation is known only to those who are in situations to

confront facts within their knolege with the lies of the day。  I

really look with commiseration over the great body of my fellow

citizens; who; reading newspapers; live & die in the belief; that

they have known something of what has been passing in the world in

their time; whereas the accounts they have read in newspapers are

just as true a history of any other period of the world as of the

present; except that the real names of the day are affixed to their

fables。  General facts may indeed be collected from them; such as

that Europe is now at war; that Bonaparte has been a successful

warrior; that he has subjected a great portion of Europe to his will;

&c。; &c。; but no details can be relied on。  I will add; that the man

who never looks into a newspaper is better informed than he who reads

them; inasmuch as he who knows nothing is nearer to truth than he

whose mind is filled with falsehoods & errors。  
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