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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。