Accordingly, although the trial for treason was at an end, the district-attorney pressed the indictment for misdemeanor; and until October 19 the chief-justice was occupied in hearing testimony intended for use not against Burr, but against himself. Then at last the conspirators were suffered to go their way, subject to legal proceedings in Ohio which the government had no idea of prosecuting; while the President, mortified and angry, prepared to pursue Marshall instead of Burr. The Federalists, who always overrated the strength of party passions, trembled again for the Judiciary; but in truth nothing was to be feared. The days of Jefferson’s power and glory had passed forever, while those of Marshall had barely begun. Even on the testimony, the President’s case was far from being so clear as he had hoped and expected. His chief witness, Wilkinson, could only with difficulty be sustained; and the district-attorney, who began by pledging himself before the court to show the falsity of the charges which had been brought against the General, ended by admitting their truth. “The declaration which I made in court in his favor some time ago,” wrote Hay to the President at the close,[345] “was precipitate; and though I have not retracted it, everybody sees that I have not attempted the task which I in fact promised to perform. My confidence in him is shaken, if not destroyed. I am sorry for it, on his own account, on the public account, and because you have expressed opinions in his favor; but you did not know then what you will soon know, and what I did not learn until after--long after--my declaration above mentioned.” The hint was strong. If Wilkinson were discredited, Jefferson himself was in danger. To attack the Supreme Court on such evidence was to invite a worse defeat than in the impeachment of Chase. Meanwhile the country had graver dangers to think about, and enemies at its doors who were not to be curbed by proclamations or impeachments. END OF VOL. III. FOOTNOTES: [1] Diary of J. Q. Adams (March 4, 1805), i. 373. [2] Jefferson’s Writings (Ford), viii. 341. [3] Gallatin’s Writings, i. 227. [4] Jefferson to General Heath, Dec. 13, 1804; Jefferson MSS. [5] Jefferson to Robert Smith, Jan. 3, 1805; Jefferson MSS. [6] Crowninshield to Jefferson, Jan. 29, 1805; Jefferson MSS. State Department Archives. [7] Dearborn to Robertson, March 20, 1805; State Papers, vol. v.; Indian Affairs, i. 700. [8] Message of Jan. 30, 1808; State Papers, vol. v.; Indian Affairs, i. 752. [9] Jefferson to Gallatin, May 29, 1805; Gallatin’s Writings, 232. [10] Monroe and Pinckney to Cevallos, Jan. 28, 1805; State Papers, ii. 636. [11] Cevallos to Monroe and Pinckney, Jan. 31, 1805; State Papers, ii. 636. [12] Monroe and Pinckney to Madison, May 23, 1805; State Papers, ii. 667. [13] Pinckney and Monroe to Cevallos, Feb. 5, 1805; State Papers, ii. 640.