After hearing the motion, the judge took time until the Saturday following, to make up and deliver his opinion; which overruled the motion, and denied the process. In the mean time Colonel Burr, being in Lexington, is said to have received notice of the motion in less than four hours after it was made; and then apprised the judge by letter that he would be in court within a day or two, to confront his accuser, and to meet his inquiry. Arriving on Friday, after the court had adjourned, nothing was noticed on the subject. Saturday morning, the colonel made his appearance in court: causing much sensation; in the language of the "Palladium”—a paper doubtless, much against the will of its editor, strongly affected towards "conspirators"-adding, "that to his enemies, it was evident chagrin; to the impartial, that is, nine-tenths in the house, it gave the utmost satisfaction."

That chagrin was depicted on the one side, and great complaisancy on the other, is not to be denied. There were two distinct kinds of people in the house: the chagrin belonged to one, the complaisancy to the other. The first might well proceed from the combined impression of the conduct of the judge, and of the culprit: the second, if it extended to nine-tenths of those present, did not proceed from their impartiality; although it might from ignorance and prejudice in many of them. Nor is it strange, when a writer was hired to misinform, and a newspaper at their service.

The colonel himself, finding the attorney's motion overruled, addressed the judge with much confidence;--spoke of the recent procedure of the United States' attorney, as being very extraordinary ;-insinuated that sometime since he had made it known that he was to leave the state, and that the attorney had reason to suppose him gone, on his private though urgent business, as he should have been but for an unexpected occurrence; that fortunately he had heard of the motion and allegation against himself, and although it appeared that the judge had treated it as it deserved, yet, as something similar might be attempted in his absence, still necessary, he had deemed it proper to meet the gentleman at the threshold and demand an

investigation of his conduct, for which he was always ready, and therefore had attended. The attorney replied, that as Colonel Burr gave his voluntary attendance, he wanted nothing but the presence of the witnesses, to be ready. After consulting a short time with the marshal, the attorney said he could be ready by Wednesday next, should the witnesses attend; which he thought they might, by that time: that if Col. Burr could attend on that day, he might expect the investigation he desired. The colonel agreed to wait, and Wednesday was set for the trial. The subpoenas required by the attorney, were ordered; and so also was a grand jury. Officers were despatched to different places, as Louisville, Jeffersonville, Lexington, Danville, &c.

The grand jury was empannelled of persons in court, sworn, and adjourned, to meet on Wednesday. The attorney, having conversed with the persons to be summoned, doubted not that the misdemeanor charged in his affidavit would be proved, felt gratified at the prospect. The colonel, it is probable, knew those witnesses much better. Be that as it may, fame had now full hold of the subject; and seldom has she been more profuse in the use of her many tongues, or impelled her messengers, on more rapid wings. On the day of expected trial Frankfort was crowded, and the court house gorged with citizens and strangers.

The court being opened, all were filled with curiosity and expectation. The attorney had counted his witnesses, and ascertained that one of the most important did not attend. He had to announce the unpleasant fact, and to this purpose addressed the court. He said, the absence of Davis Floyd, an important witness, rendered it improper for him to proceed at that time. He was therefore compelled to ask for a postponement of the prosecution.

It appeared upon inquiry of the officer who had been at his house, that he was attending a session of the Indiana legisla ture, of which he was a member; consequently there was no reason to expect his attendance. On hearing this, the judge at once discharged the jury. And a second disappointment,

greater than the first, took place. Immediately succeeding the discharge of the jury, Colonel Burr, attended by Mr. H. Clay and Mr. J. Allin, as his attornies, came into court; and being informed that the grand jury was dismissed on account of Mr. Floyd's absence, the colonel rose, and very gravely expressed his regret that the jury had been discharged, and asked for the reason. To which the attorney for the United States replied, that it was on account of the absence of Mr. Davis Floyd: adding, that he considered it inexpedient to begin an investigation, which could only be partial without Mr. Floyd-that the attending witnesses could prove a number of detached facts, but the testimony of Floyd was necessary to connect them, and give the design of the whole. Colonel Burr, rising again, expressed his desire, that the cause of the postponement should be entered on record; and also the reason of the nonattendance of Mr. Floyd. To which the attorney assented. The colonel, once more at large, addressed himself in form to the judge, but in effect to the people; and said, that the good citizens of Kentucky might, and he hoped they would, dismiss their fears for the present; that in fact, there was no ground for them, whatever efforts had been made to excite them: that he had understood, some had been made to apprehend that he was pursuing schemes inimical to their peace--but they were misinformed, as they would find, if Mr. Attorney should ever get ready, and open his investigation: that in the mean time he could assure them they would be in no manner of danger, from him; that he had to act on the defensive only; that he should expect another attack, and should hold himself ready for it.

During these proceedings, the deportment of Colonel Burr was grave, polite, and dignified.

Those who had attended from motives of curiosity, or a desire for information, were disappointed; and even those well disposed, might have felt some twinge of vexation. There were, however, as already suggested, two parties: the principals of which, knew, or suspected each other; the one, a small number, thought the others favoured Burr's schemes; while

they apprehended, that the prosecution of Burr, 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 one, can but keep alive the hopes of the rest; and induce a co-operation for the impunity of each.

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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 pathy 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 capacity 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 Colo nel 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, contribu ting much to the general delusion. Nor is it to be expected, in a country and government like this, but that such vehicies 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