The first ground of complaint was the supine inattention of the administration to a treason stalking through the land in open day.  The present one, that they have crushed it before it was ripe for execution, so that no overt acts can be produced.  This last may be true; though I believe it is not.  Our information having been chiefly by way of letter, we do not know of a certainty yet what will be proved.  We have set on foot an inquiry through the whole of the country which has been the scene of these transactions, to be able to prove to the courts, if they will give time, or to the public by way of communication to Congress, what the real facts have been.  For obtaining this, we are obliged to appeal to the patriotism of particular persons in different places, of whom we have requested to make the inquiry in their neighborhood, and on such information as shall be voluntarily offered.  Aided by no process or facilities from the federal courts, but frowned on by their new-born zeal for the liberty of those whom we would not permit to overthrow the liberties of their country, we can expect no revealments from the accomplices of the chief offender.  Of treasonable intentions, the judges have been obliged to confess there is probable appearance.  What loop-hole they will find in the case, when it comes to trial, we cannot foresee.  Eaton, Stoddart, Wilkinson, and two others whom I must not name, will satisfy the world, if not the judges, of Burr’s guilt.  And I do suppose the following overt acts will be proved. 1.  The enlistment of men, in a regular way. 2.  The regular mounting of guard round Blannerhassett’s island, when they expected Governor Tiffin’s men to be on them modo guerrino arraiati. 3.  The rendezvous of Burr with his men at the mouth of Cumberland. 4.  His letter to the acting Governor of Mississippi, holding up the prospect of civil war. 5.  His capitulation, regularly signed with the aid of the Governor, as between two independent and hostile commanders.

But a moment’s calculation will show that this evidence cannot be collected under four months, probably five, from the moment of deciding when and where the trial shall be.  I desired Mr. Rodney expressly to inform the Chief Justice of this, inofficially.  But Mr. Marshall says, ’More than five weeks have elapsed since the opinion of the Supreme Court has declared the necessity of proving the overt acts, if they exist.  Why are they not proved.’  In what terms of decency can we speak of this?  As if an express could go to Natchez, or the mouth of Cumberland, and return in five weeks, to do which has never taken less than twelve.  Again, ’If, in November or December last, a body of troops had been assembled on the Ohio, it is impossible to suppose the affidavits, establishing the fact, could not have been obtained by the last of March.’  But I ask the Judge, where they should have been lodged?  At Frankfort? at Cincinnati? at Nashville?  St. Louis?  Natchez?  New Orleans?  These