of giving Power time to negotiate with the disaffected spirits of Tennessee and Kentucky, the Spanish authorities threw various difficulties in the way of the meeting of these commissioners. It was represented to Ellicott, that the posts were not ready to be delivered, and that to avoid collision. between the troops, his approach to Natchez should be delayed. This advice he had the sagacity to decline; and rapidly advancing to Natchez, he unfurled the American flag in sight of the Spanish encampment. The government of the United States was evidently anticipating difficulties with Spain, for a large detachment, well armed, followed Ellicott, under the command of Pope. In the meantime, Power was busy on his mission. Every appliance was put in requisition to excite favorable opinions of the action of Spain. It was represented that the delivery of the Spanish posts was delayed to favor the interests of the western people. They were informed, that the only outlet for their commerce to the sea was through Louisiana,-that the retention of the posts by Spain, would secure them this outlet,-that if an independent State was formed, and it was inevitable that one would be established, embracing all the country from the left bank of the Mississippi to the Ohio, the friendship of Spain was absolutely essential to the prosperity of the new republic, that Spain sympathized with the west; it was filled with descendants of Spaniards; her laws were impressed on the soil; her political and religious institutions would ever tincture the character of the country. One hundred thou. sand dollars were proposed to be distributed among the inhabitants of Kentucky, and one hundred thousand dollars were declared to be at the service of the western people, to purchase arms. In fine, twenty pieces of cannon, money, and every thing necessary in war, were promised to the cause. Wilkinson, however, arrested Power, and sent him back to New-Orleans. He, Wilkinson, was reputed to have said that the project was chimerical; that the people of the west were satisfied with the government, and were rather disposed to go to war with Spain; that he had been offered the command of ten thousand men in Kentucky, who proposed to march to New-Orleans and take the city, in the event of a war with Spain. It is worthy of remark here, that this expression tallies singularly with one of the charges against Burr. Does it or not prove that such was really the object of Burr, and that Wilkinson was a party to it? The

expression, however, if true, was singularly temperate language to men endeavoring to excite commotion against the country, under which Wilkinson held a military command.

While these events were progressing, the year 1807 arrived. Jefferson was President. In 1806, he was informed that designs existed, in the Western States, unfavorable to the peace of the Union. It was not difficult to connect Burr with those purposes. We have observed the strong prejudices and animosity existing in Jefferson's mind towards him. Burr, from 1805, had been travelling in the section of country now the location of the excitement. His talents, his ambition, his desire of political fame, were well known. The disposition of his enemies to regard these characteristics as the worst crimes, was not concealed. Jefferson and others were, therefore, easily susceptible of impressions against Burr. These impressions were not always the offspring of truth. Its rays fell sometimes obliquely upon Burr's conduct, and reflected false images. In proof of this, we may regard the unsettled state of the public opinion respecting his intentions. Speculation floated in a wide sea, uncertain where to put out the hand and discover a foundation. Rumor, with a thousand tongues, delighted to assert a thousand contradictory, and to us, now, ridiculous stories. At one moment, Burr was said to be at the head of ten thousand well-disciplined men, marching on New-Orleans, which, after robbing and plundering, he was to leave for new conquests at Vera Cruz; at another time, his agents and those of Mexico, were reported to be busy in Philadelphia and other Atlantic cities, exciting disaffection and preparing for a union of the West with Mexico. A general insurrection was declared to be preparing in the West. Men raised in Tennessee were to join British naval forces; and a new monarchico-republican government was to be established in the Valley of the Mississippi and the province of Louisiana. These schemes, so far as Burr was concerned, were to result either in dissolving the Union or an attack upon Mexico, a settlement of a large planting interest on the Washita, or something else. Thus were the opinions of the public mind continually changing, continually unsettled, continually making new specifications, and forming new presumptions. In this state of anxiety, the President of the United States issued his proclamation calling upon all good citizens to put down all traitorous conspiracies, and apprehend all suspected persons.

Wilkinson became very patriotic and public spirited. The obligations of the jus gentium were potent in his bosom. He dispatched his aid, Burling, to Mexico, to advise the king's viceroy of the dangers which menaced his domains. This caution was coldly received. The messenger was invited to leave Mexico instantly. Proceedings were instituted against Burr in Kentucky, which resulted in nothing. Burr, beset with suspicions generated by vague reports, without facts to rest upon, and followed by military authority, wrote to the secretary of the Mississippi Territory that he would surrender to the civil power. He did so at Natchez; gave bail, and afterwards leaving the Territory, was advertized, and a reward of two thousand dollars offered for his capture. In March, he was arrested near Fort Stoddart, on the Tombeckbee river, and from thence conveyed to Richmond.

It was fortunate for Burr, fortunate for the character of the country, fortunate for the equipoise of its justice, that one of the most brilliant intelligences of the age presided over this celebrated trial. Justice and law are no longer distinct terms, when administered by such men as John Marshall. The history of his public life is a noble commentary upon the purity of the judicial functions: the narration of his private transactions, a chapter of honest sentiments and actions. We venerate the ermine, when worn by such a man. We love the very forms and technicals of the law, when embraced in the opinions of such a just, such an independent spirit. His character stands by the side of the Constitution of his country. Esto perpetua, is written upon it.

We will not lead our readers into the labarynth of Burr's trial, as it stands recorded. It is no place to search for truth. It was a contest which involved many, very many issues. Political hatred and political love struggled for the mastery. The ambition of eloquence, the emulation of the bar, strove for the ascendant. The government, as Chief-Justice Marshall was compelled to say, was not indifferent. In looking back upon the scene, at this day, but two of the personages, of all that host of advocates, prosecutors, witnesses, spectators, stand boldly forth from the canvass. One is Chief Justice Marshall, in all his firmness, eminent in his judicial virtue, the other is Burr. There he stands, with all his imperfections, all his proud ambition, all his covert designs. God forbid we should, without proof, say they were evil. By his self-possession, his calmness, his courage, when opposed

by all the weight of the government prosecution, exciting sympathies which far overweigh the indignation which the mere imputation of his guilt might well excite.

We have waded through the trial of Burr carefully, and are obliged to confess, that the few circumstances, gathered up with great industry to prove the offences charged, are insufficient to authorize the finding of a true bill by a grand jury, in any case; and we hazard the opinion, that but for the state of the times, and the intimate connection of Burr with the political events of that period, no bill of indictment ever would have been dråwn, much less found. We intend by this no reproach upon the official actors in the trial. That men are not always perfectly disinterested, purely just, is sometimes not a cause of condemnation. The human mind has its insane moments, sometimes lasting through a whole generation—a species of insanity made up of the circumstances and times in which we live :-excitements caused by politics, friendships, public opinion, fears of men to ourselves and our country,-agitate us, and roll our emotions, like troubled waves, over our intelligence. Then, for the time, we are insane, then we become tyrants, revolutionists and heroes, by turns. When these intoxications have passed away, we calmly see and profit by our errors.

evident that many, at the time of which we write, feared-some may have wished for--a disunion of the States. The proof that Burr was of the latter, is not so evident as that which may be brought against better men. That Burr may have supposed a disconnection of the East and North from the South-West probable, we do not deny. Such was not only the opinion, but avowed desire of many. In Kentucky, the feeling in favor of separation was general; so much so, that Mr. Jefferson wrote to friends expressing his regret that such was the feeling, and advising a separation from Virginia. That such a belief existed, was not Burr's exclusive sin. The peculiar form of government which the American people had adopted, was an experiment, the success of which was feared by many good men. Among these fears was found one arising from extent of territory. This induced an opinion, that to preserve a republican government a division of the country was essential. It is also palpable; that many persons at that period looked to the neces sity of a union of Mexico with the United States. We incline strongly to the belief, that this was the whole secret of

Burr's conduct. The fact that war was expected between the United States and Spain; that the people of the West were highly indignant at the course of the latter with respect to American commerce, are obvious. Burr, in all probability, saw the immense advantage that would accrue to the United States, from the junction of South with North-America. He clearly perceived the weakness of the Spanish dominion there; and no doubt contemplated marching upon Mexico, with all who were adventurous enough to join his standard, as soon as ever war should be declared. Many favored such. a design. It is in proof that General Jackson wrote to Burr, that he was at his service in an expedition to Mexico; and the author of a late work on Texas, H. J. Foote, Esq., has collected and arranged, with great success, ample evidence that Mr. Jefferson, and other distinguished men of that day, were openly in favor of revolutionizing Mexico. Indeed, the possibility and ease with which Mexico could be subjected to the American arms, were made the subject of frequent correspondence; and the threat that such would be the result, openly made by the most reserved politicians of the period alluded to.

The proof that the government authority openly sanctioned the idea of an invasion of Mexico, is found in numerous circumstances. One fact, very important, is, that a large force was, at the period referred to, armed and drilled on the pretext of expelling a French invasion,. when the French had not a ship of war on the coast.

"On the suggestion of Wilkinson," says our biographer, "Mexico was twice visited by Daniel Clark of New-Orleans. He held conferences and effected arrangements with many of the principal militia officers, who engaged to favor the revolution. The Catholic Bishop resident at New-Orleans was also consulted, and prepared to promote the enterprize. He designated those priests, of the order of Jesuits, as suitable agents, and they were accordingly employed. The Bishop was an intelligent and social man. He had been in Mexico, and spoke with great freedom of the dissatisfaction of the clergy in South America. The religious establishments of the country were not to be molested. Madame Xavier Tarjcon, Superior of the Convent of Ursuline Nuns at New-Orleans, was in the secret. Some of the sisterhood were also employed in Mexico. So far as any decision had been formed, the landing was to have been effected at Tampico."

It is very clear that Burr went to England with the intention of soliciting aid to favor the Mexican enterprize. It is also evident, that for a considerable time after his arrival, his