CHAPTER VI

THE BURR CONSPIRACY

My views are such as every man of honor and every good citizen

must approve. (Aaron Burr.)

His guilt is placed beyond question. (Jefferson.)

I never believed him to be a Fool. But he must be an Idiot or a

Lunatic if he has really planned and attempted to execute such

a Project as is imputed to him. But if his guilt is as clear

as the Noonday Sun, the first Magistrate ought not to have

pronounced it so before a Jury had tryed him. (John Adams.)

On March 2, 1805, not long after the hour of noon, every Senator of the

United States was in his seat in the Senate Chamber. All of them were

emotionally affected--some were weeping.[752] Aaron Burr had just

finished his brief extemporaneous address[753] of farewell. He had

spoken with that grave earnestness so characteristic of him.[754] His

remarks produced a curious impression upon the seasoned politicians and

statesmen, over whose deliberations he had presided for four years. The

explanation is found in Burr's personality quite as much as in the

substance of his speech. From the unprecedented scene in the Senate

Chamber when the Vice-President closed, a stranger would have judged

that this gifted personage held in his hands the certainty of a great

and brilliant career. Yet from the moment he left the Capital, Aaron

Burr marched steadily toward his doom.

An understanding of the trial of Aaron Burr and of the proceedings

against his agents, Bollmann and Swartwout, is impossible without a

knowledge of the events that led up to them; while the opinions and

rulings of Chief Justice Marshall in those memorable controversies are

robbed of their color and much of their meaning when considered apart

from the picturesque circumstances that produced them. This chapter,

therefore, is an attempt to narrate and condense the facts of the Burr

conspiracy in the light of present knowledge of them.

Although in a biography of John Marshall it seems a far cry to give so

much space to that episode, the import of the greatest criminal trial in

American history is not to be fully grasped without a summary of the

events preceding it. Moreover, the fact that in the Burr trial Marshall

destroyed the law of "constructive treason" requires that the

circumstances of the Burr adventure, as they appeared to Marshall, be

here set forth.

A strong, brave man who, until then, had served his country well, Aaron

Burr was in desperate plight when on the afternoon of March 2 he walked

along the muddy Washington streets toward his lodging. He was a ruined

man, financially, politically, and in reputation. Fourteen years of

politics had destroyed his once extensive law practice and plunged him

hopelessly into debt. The very men whose political victory he had

secured had combined to drive him from the Republican Party.

The result of his encounter with Hamilton had been as fatal to his

standing with the Federalists, who had but recently fawned upon him, as

it was to the physical being of his antagonist. What now followed was as

if Aaron Burr had been the predestined victim of some sinister

astrology, so utterly did the destruction of his fortunes appear to be

the purpose of a malign fate.

His fine ancestry now counted for nothing with the reigning politicians

of either party. None of them cared that he came of a family which, on

both sides, was among the worthiest in all the country.[755] His superb

education went for naught. His brilliant services as one of the youngest

Revolutionary officers were no longer considered--his heroism at Quebec,

his resourcefulness on Putnam's staff, his valor at Monmouth, his daring

and tireless efficiency at West Point and on the Westchester lines,

were, to these men, as if no such record had ever been written.

[Illustration: AARON BURR]

Nor, with those then in power, did Burr's notable public services in

civil life weigh so much as a feather in his behalf. They no longer

remembered that only a few years earlier he had been the leader of his

party in the National Senate, and that his appointment to the then

critically important post of Minister to France had been urged by the

unanimous caucus of his political associates in Congress. None of the

notable honors that admirers had asserted to be his due, nor yet his

effective work for his party, were now recalled. The years of

provocation[756] which had led, in an age of dueling,[757] to a

challenge of his remorseless personal, professional, and political enemy

were now unconsidered in the hue and cry raised when his shot, instead

of that of his foe, proved mortal.

Yet his spirit was not broken. His personal friends stood true; his

strange charm was as potent as ever over most of those whom he met face

to face; and throughout the country there were thousands who still

admired and believed in Aaron Burr. Particularly in the West and in the

South the general sentiment was cordial to him; many Western Senators

were strongly attached to him; and most of his brother officers of the

Revolution who had settled beyond the Alleghanies were his friends.[758]

Also, he was still in vigorous middle life, and though delicate of frame

and slight of stature, was capable of greater physical exertion than

most men of fewer years.

What now should the dethroned political leader do? Events answered that

question for him, and, beckoned forward by an untimely ambition, he

followed the path that ended amid dramatic scenes in Richmond, Virginia,

where John Marshall presided over the Circuit Court of the United

States.

Although at the time Jefferson had praised what he called Burr's

"honorable and decisive conduct"[759] during the Presidential contest in

the House in February of 1801, he had never forgiven his associate for

having received the votes of the Federalists, nor for having missed, by

the merest chance, election as Chief Magistrate.[760] Notwithstanding

that Burr's course as Vice-President had won the admiration even of

enemies,[761] his political fall was decreed from the moment he cast his

vote on the Judiciary Bill in disregard of the rigid party discipline

that Jefferson and the Republican leaders then exacted.[762]

Even before this, the constantly increasing frigidity of the President

toward him, and the refusal of the Administration to recognize by

appointment any one recommended by him for office in New York,[763] had

made it plain to all that the most Burr could expect was Jefferson's

passive hostility. Under these circumstances, and soon after his

judiciary vote, the spirited Vice-President committed another

imprudence. He attended a banquet given by the Federalists in honor of

Washington's birthday. There he proposed this impolitic toast: "To the

union of all honest men." Everybody considered this a blow at Jefferson.

It was even more offensive to the Administration than his judiciary vote

had been.[764]

From that moment all those peculiar weapons which politicians so well

know how to use for the ruin of an opponent were employed for the

destruction of Aaron Burr. Moreover, Jefferson had decided not only that

Burr should not again be Vice-President, but that his bitterest enemy

from his own State, George Clinton, should be the Republican candidate

for that office; and, in view of Burr's strength and resourcefulness,

this made necessary the latter's political annihilation.[765] "Never in

the history of the United States did so powerful a combination of rival

politicians unite to break down a single man as that which arrayed

itself against Burr."[766]

Nevertheless, Burr, who "was not a vindictive man,"[767] did not

retaliate for a long time.[768] But at last to retrieve himself,[769]

he determined to appeal to the people--at whose hands he had never

suffered defeat--and, in 1804, he became a candidate for the office of

Governor of New York. The New York Federalists, now reduced to a little

more than a strong faction, wished to support him, and were urged to do

so by many Federalist leaders of other States. Undoubtedly Burr would

have been elected but for the attacks of Hamilton.

At this period the idea of secession was stirring in the minds of the

New England Federalist leaders. Such men as Timothy Pickering, Roger

Griswold, Uriah Tracy, and James Hillhouse had even avowed separation

from the Union to be desirable and certain; and talk of it was

general.[770] All these men were warm and insistent in their support of

Burr for Governor, and at least two of them, Pickering and Griswold, had

a conference with him in New York while the campaign was in progress.

Plumer notes in his diary that during the winter of 1804, at a dinner

given in Washington attended by himself, Pickering, Hillhouse, Burr, and

other public men, Hillhouse "unequivocally declared that ... the United

States would soon form two distinct and separate governments."[771] More

than nine months before, certain of the most distinguished New England

Federalists had gone to the extreme length of laying their object of

national dismemberment before the British Minister, Anthony Merry, and

had asked and received his promise to aid them in their project of

secession.[772]

There was nothing new in the idea of dismembering the Union. Indeed, no

one subject was more familiar to all parts of the country. Since before

the adoption of the Constitution, it had been rife in the settlements

west of the Alleghanies.[773] The very year the National Government was

organized under the Constitution, the settlers beyond the Alleghanies

were much inclined to withdraw from the Union because the Mississippi

River had not been secured to them.[774] For many years this disunion

sentiment grew in strength. When, however, the Louisiana Purchase gave

the pioneers on the Ohio and the Mississippi a free water-way to the

Gulf and the markets of the world, the Western secessionist tendency

disappeared. But after the happy accident that bestowed upon us most of

the great West as well as the mouth of the Mississippi, there was in the

Eastern States a widely accepted opinion that this very fact made

necessary the partitioning of the Republic.

Even Jefferson, as late as 1803, did not think that outcome unlikely,

and he was prepared to accept it with his blessing: "If they see their

interest in separation, why should we take sides with our Atlantic

rather than our Mississippi descendants? It is the elder and the younger

brother differing. God bless them both, and keep them in union, if it be

for their good, but separate them, if it be better."[775]

Neither Spain nor Great Britain had ever given over the hope of dividing

the young Republic and of acquiring for themselves portions of its

territory. The Spanish especially had been active and unceasing in their

intrigues to this end, their efforts being directed, of course, to the

acquisition of the lands adjacent to them and bordering on the

Mississippi and the Ohio.[776] In this work more than one American was

in their pay. Chief of these Spanish agents was James Wilkinson, who had

been a pensioner of Spain from 1787,[777] and so continued until at

least 1807, the bribe money coming into his hands for several years

after he had been placed in command of the armies of the United

States.[778]

None of these plots influenced the pioneers to wish to become Spanish

subjects; the most that they ever desired, even at the height of their

dissatisfaction with the American Government, was independence from what

they felt to be the domination of the East. In 1796 this feeling reached

its climax in the Kentucky secession movement, one of its most active

leaders being Wilkinson, who declared his purpose of becoming "the

Washington of the West."[779]

By 1805, however, the allegiance of the pioneers to the Nation was as

firm as that of any other part of the Republic. They had become

exasperated to the point of violence against Spanish officials, Spanish

soldiers, and the Spanish Government. They regarded the Spanish

provinces of the Floridas and of Mexico as mere satrapies of a hated

foreign autocracy; and this indeed was the case. Everywhere west of the

Alleghanies the feeling was universal that these lands on the south and

southwest, held in subjection by an ancient despotism, should be

"revolutionized" and "liberated"; and this feeling was shared by great

numbers of people of the Eastern States.

Moreover, that spirit of expansion--of taking and occupying the unused

and misused lands upon our borders--which has been so marked through

American history, was then burning fiercely in every Western breast. The

depredations of the Spaniards had finally lashed almost to a frenzy the

resentment which had for years been increasing in the States bordering

upon the Mississippi. All were anxious to descend with fire and sword

upon the offending Spaniards.

Indeed, all over the Nation the conviction was strong that war with

Spain was inevitable. Even the ultra-pacific Jefferson was driven to

this conclusion; and, in less than ten months after Aaron Burr ceased to

be Vice-President, and while he was making his first journey through the

West and Southwest, the President, in two Messages to Congress,

scathingly arraigned Spanish misdeeds and all but avowed that a state of

war actually existed.[780]

Such, in broad outline, was the general state of things when Aaron Burr,

his political and personal fortunes wrecked, cast about for a place to

go and for work to do. He could not return to his practice in New York;

there his enemies were in absolute control and he was under indictment

for having challenged Hamilton. The coroner's jury also returned an

inquest of murder against Burr and two of his friends, and warrants for

their arrest were issued. In New Jersey, too, an indictment for murder

hung over him.[781]

Only in the fresh and undeveloped West did a new life and a new career

seem possible. Many projects filled his mind--everything was possible in

that inviting region beyond the mountains. He thought of forming a

company to dig a canal around the falls of the Ohio and to build a

bridge over that river, connecting Louisville with the Indiana shore. He

considered settling lands in the vast dominions beyond the Mississippi

which the Nation had newly acquired from Spain. A return to public life

as Representative in Congress from Tennessee passed through his mind.

But one plan in particular fitted the situation which the apparently

certain war with Spain created. Nearly ten years earlier,[782] Hamilton

had conceived the idea of the conquest of the Spanish possessions

adjacent to us, and he had sought to enlist the Government in support of

the project of Miranda to revolutionize Venezuela.[783] Aaron Burr had

proposed the invasion and capture of the Floridas, Louisiana, and Mexico

two years before Hamilton embraced the project,[784] and the desire to

carry out the plan continued strong within him. Circumstances seemed to

make the accomplishment of it feasible. At all events, a journey through

the West would enlighten him, as well as make clearer the practicability

of his other schemes.

Now occurred the most unfortunate and disgraceful incident of Burr's

life. In order to get money for his Mexican adventure, Burr played upon

the British Minister's hostile feelings toward America and, in doing so,

used downright falsehood. Although it was unknown at the time and not

out of keeping with the unwritten rules of the game called diplomacy as

then played, and although it had no effect upon the thrilling events

that brought Burr before Marshall, so inextricably has this shameful

circumstance been woven into the story of the Burr conspiracy, that

mention of it must be made. It was the first thoroughly dishonorable act

of Burr's tempestuous career.[785]

Five months after Pickering, Griswold, and other New England Federalists

had approached Anthony Merry with their plan to divide the Union, Burr

prepared to follow their example. He first sounded that diplomat through

a British officer, one Colonel Charles Williamson. The object of the New

England Senators and Representatives had been to separate their own and

other Northern States from the Union; the proposition that Williamson

now made to the British Minister was that Burr might do the same thing

for the Western States.[786] It was well known that the break-up of the

Republic was expected and hoped for by the British Government, as well

as by the Spaniards, and Williamson was not surprised when he found

Merry as favorably disposed toward a scheme for separation of the States

beyond the Alleghanies as he had been hospitable to the plan for the

secession of New England.

Of the results of this conference Burr was advised; and when he had

finished his preparations for his journey down the Ohio, he personally

called upon Merry. This time a part of his real purpose was revealed; it

was to secure funds.[787] Burr asked that half a million dollars be

supplied him[788] for the revolutionizing of the Western States, but he

did not tell of his dream about Mexico, for the realization of which the

money was probably to be employed. In short, Burr lied; and in order to

persuade Merry to secure for him financial aid he proposed to commit

treason. Henry Adams declares that, so far as the proposal of treason

was concerned, there was no difference between the moral delinquency of

Pickering, Griswold, Hillhouse, and other Federalists and that of Aaron

Burr.[789]

The eager and credulous British diplomat promised to do his best and

sent Colonel Williamson on a special mission to London to induce Pitt's

Ministry to make the investment.[790] It should be repeated that Burr's

consultations with the shallow and easily deceived Merry were not known

at the time. Indeed, they never were fully revealed until more than

three quarters of a century afterward.[791] Moreover, it has been

demonstrated that they had little or no bearing upon the adventure which

Burr finally tried to carry out.[792] He was, as has been said,

audaciously and dishonestly playing upon Merry's well-known hostility to

this country in order to extract money from the British Treasury.[793]

This attempt and the later one upon the Spanish Minister, who was

equally antagonistic to the United States, were revolting exhibitions of

that base cunning and duplicity which, at that period, formed so large

a part of secret international intrigue.[794]

On April 10, 1805, Burr left Philadelphia on horseback for Pittsburgh,

where he arrived after a nineteen days' journey. Before starting he had

talked over his plans with several friends, among them former Senator

Jonathan Dayton of New Jersey, who thereafter was a partner and fellow

"conspirator."[795]

Another man with whom Burr had conferred was General James Wilkinson.

Burr expected to meet him at Pittsburgh, but the General was delayed and

the meeting was deferred. Wilkinson had just been appointed Governor of

Upper Louisiana--one of the favors granted Burr during the Chase

impeachment--and was the intimate associate of the fallen politician in

his Mexican plan until, in a welter of falsehood and corruption, he

betrayed him. Indeed, it was Wilkinson who, during the winter of

1804-05, when Burr was considering his future, proposed to him the

invasion of Mexico and thus gave new life to Burr's old but never

abandoned hope.[796]

[Illustration]

On May 2, Burr started down the Ohio. When he reached Marietta,

Ohio, he was heartily welcomed. He next stopped at an island owned by

Harman Blennerhassett, who happened to be away. While inspecting the

grounds Burr was invited by Mrs. Blennerhassett to remain for dinner.

Thus did chance lay the foundations for that acquaintance which, later,

led to a partnership in the enterprise that was ended so disastrously

for both.

At Cincinnati, then a town of some fifteen hundred inhabitants, the

attentions of the leading citizens were markedly cordial. There Burr was

the guest of John Smith, then a Senator from Ohio, who had become

attached to Burr while the latter was Vice-President, and who was now

one of his associates in the plans under consideration. At Smith's house

he met Dayton, and with these friends and partners he held a long

conversation on the various schemes they were developing.[797]

A week later found him at the "unhealthy and inconsiderable

village"[798] of Louisville and from there he traveled by horseback to

Frankfort and Lexington. While in Kentucky he conferred with General

John Adair, then a member of the National Senate, who, like Smith and

Dayton, had in Washington formed a strong friendship for Burr, and was

his confidant.[799] Another eminent man with whom he consulted was John

Brown, then a member of the United States Senate from Kentucky, also an

admirer of Burr.

It would appear that the wanderer was then seriously considering the

proposal, previously made by Matthew Lyon, now a Representative in

Congress from Kentucky, that Burr should try to go to the National House

from Tennessee,[800] for Burr asked and received from Senator Brown

letters to friends in that State who could help to accomplish that

design. But not one word did Burr speak to General Adair, to Senator

Brown, or to any one else of his purpose to dismember the Nation.

Burr arrived at Nashville at the end of the month. The popular greeting

had grown warmer with each stage of his journey, and at the Tennessee

Capital it rose to noisy enthusiasm. Andrew Jackson, then Major-General

of the State Militia, was especially fervent and entertained Burr at his

great log house. A "magnificent parade" was organized in his honor. From

miles around the pioneers thronged into the frontier Capital. Flags

waved, fifes shrilled, drums rolled, cannon thundered. A great feast was

spread and Burr addressed the picturesque gathering.[801] Never in the

brightest days of his political success had he been so acclaimed.

Jackson, nine years before, when pleading with Congress to admit

Tennessee into the Union, had met and liked Burr, who had then advocated

statehood for that vigorous and aggressive Southern Territory. Jackson's

gratitude for Burr's services to the State in championing its

admission,[802] together with his admiration for the man, now ripened

into an ardent friendship.

His support of Burr well reflected that of the people among whom the

latter now found himself. Accounts of Burr's conduct as presiding

officer at the trial of Chase had crept through the wilderness; the

frontier newspapers were just printing Burr's farewell speech to the

Senate, and descriptions of the effect of it upon the great men in

Washington were passing from tongue to tongue. All this gilded the story

of Burr's encounter with Hamilton, which, from the beginning, had been

applauded by the people of the West and South.

Burr was now in a land of fighting men, where dueling was considered a

matter of honor rather than disgrace. He was in a rugged democracy which

regarded as a badge of distinction, instead of shame, the killing in

fair fight of the man it had been taught to believe to be democracy's

greatest foe. Here, said these sturdy frontiersmen, was the captain so

long sought for, who could lead them in the winning of Texas and Mexico

for America; and this Burr now declared himself ready to do--a purpose

which added the final influence toward the conquest of the mind and

heart of Andrew Jackson.

Floating down the Cumberland River in a boat provided by Jackson, Burr

encountered nothing but friendliness and encouragement. At Fort Massac

he was the guest of Wilkinson, with whom he remained for four days,

talking over the Mexican project. Soon afterward he was on his way down

the Mississippi from St. Louis in a larger boat with colored sails,

manned by six soldiers--all furnished by Wilkinson. After Burr's

departure Wilkinson wrote to Adair, with whom he had served in the

Indian wars, that "we must have a peep at the unknown world beyond me."

On June 25, 1805, Burr landed at New Orleans, then the largest city west

of the Alleghanies. There the ovation to the "hero" surpassed even the

demonstration at Nashville. Again came dinners, balls, fêtes, and every

form of public and private favor. So perfervid was the welcome to him

that the Sisters of the largest nunnery in Louisiana invited Burr to

visit their convent, and this he did, under the conduct of the

bishop.[803] Wilkinson had given him a letter of introduction to Daniel

Clark, the leading merchant of the city and the most influential man in

Louisiana. The letter contained this cryptic sentence: "To him [Burr] I

refer you for many things improper to letter, and which he will not say

to any other."[804]

The notables of the city were eager to befriend Burr and to enter into

his plans. Among them were John Watkins, Mayor of New Orleans, and James

Workman, Judge of the Court of Orleans County. These men were also the

leading members of the Mexican Association, a body of three hundred

Americans devoted to effecting the "liberation" of Mexico--a design in

which they accurately expressed the general sentiment of Louisiana. The

invasion of Mexico had become Burr's overmastering purpose, and it

gathered strength the farther he journeyed among the people of the West

and South. To effect it, definite plans were now made.[805]

The Catholic authorities of New Orleans approved Burr's project, and

appointed three priests to act as agents for the revolutionists in

Mexico.[806] Burr's vision of Spanish conquest seemed likely of

realization. The invasion of Mexico was in every heart, on every tongue.

All that was yet lacking to make it certain was war between Spain and

the United States, and every Western or Southern man believed that war

was at hand.

Late in July, Burr, with justifiably high hope, left New Orleans by the

overland route for Nashville, riding on horses supplied by Daniel Clark.

Everywhere he found the pioneers eager for hostilities. At Natchez the

people were demonstrative. By August 6, Burr was again with Andrew

Jackson, having ridden over Indian trails four hundred and fifty miles

through the swampy wilderness.[807]

The citizens of Nashville surpassed even their first welcome. At the

largest public dinner ever given in the West up to that time, Burr

entered the hall on Jackson's arm and was received with cheers. Men and

women vied with one another in doing him honor. The news Burr brought

from New Orleans of the headway that was being made regarding the

projected descent upon the Spanish possessions, thrilled Jackson; and

his devotion to the man whom all Westerners and Southerners had now come

to look upon as their leader knew no bounds.[808] For days Jackson and

Burr talked of the war with Spain which the bellicose Tennessee militia

general passionately desired, and of the invasion of Mexico which Burr

would lead when hostilities began.[809] At Lexington, at Frankfort,

everywhere, Burr was received in similar fashion. While in Kentucky he

met Henry Clay, who at once yielded to his fascination.

But soon strange, dark rumors, starting from Natchez, were sent flying

over the route Burr had just traveled with such acclaim. They were set

on foot by an American, one Stephen Minor, who was a paid spy of

Spain.[810] Burr, it was said, was about to raise the standard of

revolution in the Western and Southern States. Daniel Clark wished to

advise Burr of these reports and of the origin of them, but did not

know where to reach him. So he hastened to write Wilkinson that Burr

might be informed of the Spanish canard: "Kentucky, Tennessee, the State

of Ohio, ... with part of Georgia and Carolina, are to be bribed with

the plunder of the Spanish countries west of us, to separate from the

Union." And Clark added: "Amuse Mr. Burr with an account of it."[811]

Wilkinson himself had long contemplated the idea of dismembering the

Nation; he had even sounded some of his officers upon that subject.[812]

As we have seen, he had been the leader of the secession movement in

Kentucky in 1796. But if Burr ever really considered, as a practical

matter, the separation of the Western country from the Union, his

intimate contact with the people of that region had driven such a scheme

from his mind and had renewed and strengthened his long-cherished wish

to invade Mexico. For throughout his travels he had heard loud demands

for the expulsion of Spanish rule from America; but never, except

perhaps at New Orleans, a hint of secession. And if, during his journey,

Burr so much as intimated to anybody the dismemberment of the Republic,

no evidence of it ever has been produced.[813]

Ignorant of the sinister reports now on their way behind him, Burr

reached the little frontier town of St. Louis early in September and

again conferred with Wilkinson, assuring him that the whole South and

West were impatient to attack the Spaniards, and that in a short time an

army could be raised to invade Mexico.[814] According to the story which

the General told nearly two years afterward, Burr informed him that the

South and West were ripe for secession, and that Wilkinson responded

that Burr was sadly mistaken because "the Western people ... are bigoted

to Jefferson and democracy."[815]

Whatever the truth of this may be, it is certain that the rumors put

forth by his fellow Spanish agent had shaken Wilkinson's nerve for

proceeding further with the enterprise which he himself had suggested to

Burr. Also, as we shall see, the avaricious General had begun to doubt

the financial wisdom of giving up his profitable connection with the

Spanish Government. At all events, he there and then began to lay plans

to desert his associate. Accordingly, he gave Burr a letter of

introduction to William Henry Harrison, Governor of Indiana Territory,

in which he urged Harrison to have Burr sent to Congress from Indiana,

since upon this "perhaps ... the Union may much depend."[816]

Mythical accounts of Burr's doings and intentions had now sprung up in

the East. The universally known wish of New England Federalist leaders

for a division of the country, the common talk east of the Alleghanies

that this was inevitable, the vivid memory of a like sentiment formerly

prevailing in Kentucky, and the belief in the seaboard States that it

still continued--all rendered probable, to those, living in that

section, the schemes now attributed to Burr.

Of these tales the Eastern newspapers made sensations. A separate

government, they said, was to be set up by Burr in the Western States;

the public lands were to be taken over and divided among Burr's

followers; bounties, in the form of broad acres, were to be offered as

inducements for young men to leave the Atlantic section of the country

for the land of promise toward the sunset; Burr's new government was to

repudiate its share of the public debt; with the aid of British ships

and gold Burr was to conquer Mexico and establish a vast empire by

uniting that imperial domain to the revolutionized Western and Southern

States.[817] The Western press truthfully denied that any secession

sentiment now existed among the pioneers.

The rumors from the South and West met those from the North and East

midway; but Burr having departed for Washington, they subsided for the

time being. The brushwood, however, had been gathered--to burst into a

raging conflagration a year later, when lighted by the torch of

Executive authority in the hands of Thomas Jefferson.

During these months the Spanish officials in Mexico and in the Floridas,

who had long known of the hostility of American feeling toward them,

learned of Burr's plan to seize the Spanish possessions, and magnified

the accounts they received of the preparations he was making.[818]

The British Minister in Washington was also in spasms of nervous

anxiety.[819] When Burr reached the Capital he at once called on that

slow-witted diplomat and repeated his overtures. But Pitt had died; the

prospect of British financial assistance had ended;[820] and Burr sent

Dayton to the Spanish Minister with a weird tale[821] in order to induce

that diplomat to furnish money.

Almost at the same time the South American adventurer, Miranda, again

arrived in America, his zeal more fiery than ever, for the "liberation"

of Venezuela. He was welcomed by the Administration, and Secretary of

State Madison gave him a dinner. Jefferson himself invited the

revolutionist to dine at the Executive Mansion. Burr's hopes were

strengthened, since he intended doing in Mexico precisely what Miranda

was setting out to do in Venezuela.

In February, 1806, Miranda sailed from New York upon his Venezuelan

undertaking. His openly avowed purpose of forcibly expelling the Spanish

Government from that country had been explained to Jefferson and Madison

by the revolutionist personally. Before his departure, the Spanish

filibuster wrote to Madison, cautioning him to keep "in the deepest

secret" the "important matters" which he (Miranda) had laid before

him.[822] The object of his expedition was a matter of public notoriety.

In New York, in the full light of day, he had bought arms and provisions

and had enlisted men for his enterprise.

Excepting for Burr's failure to secure funds from the British

Government, events seemed propitious for the execution of his grand

design. He had written to Blennerhassett a polite and suggestive letter,

not inviting him, however, to engage in the adventure;[823] the eager

Irishman promptly responded, begging to be admitted as a partner in

Burr's enterprises, and pledging the services of himself and his

friends.[824] Burr, to his surprise, was cordially received by Jefferson

at the White House where he had a private conference of two hours with

the President.

The West openly demanded war with Spain; the whole country was aroused;

in the House, Randolph offered a resolution to declare hostilities;

everywhere the President was denounced for weakness and delay.[825] If

only Jefferson would act--if only the people's earnest desire for war

with Spain were granted--Burr could go forward. But the President would

make no hostile move--instead, he proposed to buy the Floridas. Burr,

lacking funds, thought for a moment of abandoning his plans against

Mexico, and actually asked Jefferson for a diplomatic appointment, which

was, of course, refused.[826]

The rumor had reached Spain that the Americans had actually begun war.

On the other hand, the report now came to Washington that the Spaniards

had invaded American soil. The Secretary of War ordered General

Wilkinson to drive the Spaniards back. The demand for war throughout the

country grew louder. If ever Burr's plan of Mexican conquest was to be

carried out, the moment had come to strike the blow. His confederate,

Wilkinson, in command of the American Army and in direct contact with

the Spaniards, had only to act.

The swirl of intrigue continued. Burr tried to get the support of men

disaffected toward the Administration. Among them were Commodore

Truxtun, Commodore Stephen Decatur, and "General"[827] William Eaton.

Truxtun and Decatur were writhing under that shameful treatment by which

each of these heroes had been separated, in effect removed, from the

Navy. Eaton was cursing the Administration for deserting him in his

African exploits, and even more for refusing to pay several thousand

dollars which he claimed to have expended in his Barbary

transactions.[828]

Truxtun and Burr were intimate friends, and the Commodore was fully told

of the design to invade Mexico in the event of war with Spain; should

that not come to pass, Burr advised Truxtun that he meant to settle

lands he had arranged to purchase beyond the Mississippi. He tried to

induce Truxtun to join him, suggesting that he would be put in command

of a naval force to capture Havana, Vera Cruz, and Cartagena. When Burr

"positively" informed him that the President was not a party to his

enterprise, Truxtun declined to associate himself with it. Not an

intimation did Burr give Truxtun of any purpose hostile to the United

States. The two agreed in their contemptuous opinion of Jefferson and

his Administration.[829] To Commodore Decatur, Burr talked in similar

fashion, using substantially the same language.

But to "General" Eaton, whom he had never before met, Burr unfolded

plans more far-reaching and bloody, according to the Barbary hero's

account of the revelations.[830] At first Burr had made to Eaton the

same statements he had detailed to Truxtun and Decatur, with the notable

difference that he had assured Eaton that the proposed expedition was

"under the authority of the general government." Notwithstanding his

familiarity with intrigue, the suddenly guileless Eaton agreed to lead a

division of the invading army under Wilkinson who, Burr assured him,

would be "Chief in Command."

But after a while Eaton's sleeping perception was aroused. Becoming as

sly as a detective, he resolved to "draw Burr out," and "listened with

seeming acquiescence" while the villain "unveiled himself" by

confidences which grew ever wilder and more irrational: Burr would

establish an empire in Mexico and divide the Union; he even "meditated

overthrowing the present Government"--if he could secure Truxtun,

Decatur, and others, he "_would turn Congress neck and heels out of

doors, assassinate the President, seize the treasury and Navy; and

declare himself the protector of an energetic government_."

Eaton at last was "shocked" and "dropped the mask," declaring that the

one word, "_Usurper_, would destroy" Burr. Thereupon Eaton went to

Jefferson and urged the President to appoint Burr American Minister to

some European government and thus get him out of the country, declaring

that "_if Burr were not in some way disposed of we should within

eighteen months have an insurrection if not a revolution on the waters

of the Mississippi_." The President was not perturbed--he had too much

confidence in the Western people, he said, "to admit an _apprehension_

of that kind." But of the horrid details of the murderous and

treasonable villain's plans, never a word said Eaton to Jefferson.[831]

However, the African hero did "detail the whole projects of Mr. Burr" to

certain members of Congress.[832] "They believed Col. Burr capable of

anything--and agreed that _the fellow ought to be hanged_"; but they

refused to be alarmed--Burr's schemes were "too chimerical and his

circumstances too desperate to ... merit of serious consideration."[833]

So for twelve long months Eaton said nothing more about Burr's proposed

deviltry. During this time he continued alternately to belabor Congress

and the Administration for the payment of the expenses of his Barbary

exploits.[834]

Andrew Jackson, while entertaining Burr on his first Western journey,

had become the most promising, in practical support, of all who avowed

themselves ready to follow Burr's invading standard into Mexico; and

with Jackson he had freely consulted about that adventure. From

Washington, Burr now wrote the Tennessee leader of the beclouding of

their mutually cherished prospects of war with Spain.

But hope of war was not dead, wrote Burr--indeed, Miranda's armed

expedition "composed of American citizens, and openly fitted out in an

American port," made it probable. Jackson ought to be attending to

something more than his militia offices, Burr admonished him: "Your

country is full of fine materials for an army, and I have often said a

brigade could be raised in West Tennessee which would drive double their

number of Frenchmen off the earth." From such men let Jackson make out

and send to Burr "a list of officers from colonel down to ensign for one

or two regiments, composed of fellows fit for business, and with whom

you would trust your life and your honor." Burr himself would, "in case

troops should be called for, recommend it to the Department of War"; he

had "reason to believe that on such an occasion" that department would

listen to his advice.[835]

At last Burr, oblivious to the danger that Eaton might disclose the

deadly secrets which he had so imprudently confided to a dissipated

stranger, resolved to act and set out on his fateful journey. Before

doing so, he sent two copies of a cipher letter to Wilkinson. This was

in answer to a letter which Burr had just received from Wilkinson, dated

May 13, 1806, the contents of which never have been revealed. Burr

chose, as the messenger to carry overland one of the copies, Samuel

Swartwout, a youth then twenty-two years of age, and brother of Colonel

John Swartwout whom Jefferson had removed from the office of United

States Marshal for the District of New York largely because of the

Colonel's lifelong friendship for Burr. The other copy was sent by sea

to New Orleans by Dr. Justus Erich Bollmann.[836]

No thought had Burr that Wilkinson, his ancient army friend and the arch

conspirator of the whole plot, would reveal his dispatch. He and

Wilkinson were united too deeply in the adventure for that to be

thinkable. Moreover, the imminence of war appeared to make it certain

that when the General received Burr's cipher, the two men would be

comrades in arms against Spain in a war which, it cannot be too often

repeated, it was believed Wilkinson could bring on at any moment.

Nevertheless, Burr and Dayton had misgivings that the timorous General

might not attack the Spaniards. They bolstered him up by hopeful

letters, appealing to his cupidity, his ambition, his vanity, his fear.

Dayton wrote that Jefferson was about to displace him and appoint

another head of the army; let Wilkinson, therefore, precipitate

hostilities--"You know the rest.... Are you ready? Are your numerous

associates ready? Wealth and glory! Louisiana and Mexico!"[837]

In his cipher dispatch to Wilkinson, Burr went to even greater lengths

and with reason, for the impatient General had written him another

letter, urging him to hurry: "I fancy Miranda has taken the bread out of

your mouth; and I shall be ready for the grand expedition before you

are."[838] Burr then assured Wilkinson that he was not only ready but on

his way, and tried to strengthen the resolution of the shifty General by

falsehood. He told of tremendous aid secured in far-off Washington and

New York, and intimated that England would help. He was coming

himself with money and men, and details were given. Bombastic

sentences--entirely unlike any language appearing in Burr's voluminous

correspondence and papers--were well chosen for their effect on

Wilkinson's vainglorious mind: "The gods invite us to glory and fortune;

it remains to be seen whether we deserve the boon.... Burr guarantees

the result with his life and honor, with the lives and honor and the

fortunes of hundreds, the best blood of our country."[839]

Fatal error! The sending of that dispatch was to give Wilkinson his

opportunity to save himself by assuming the disguise of patriotism and

of fealty to Jefferson, and, clad in these habiliments, to denounce his

associates in the Mexican adventure as traitors to America. Soon, very

soon, Wilkinson was to use Burr's letter in a fashion to bring his

friend and many honest men to the very edge of execution--a fate from

which only the fearlessness and penetrating mind of John Marshall was to

save them.

But this black future Burr could not foresee. Certain, as were most men,

that war with Spain could not be delayed much longer, and knowing that

Wilkinson could precipitate it at any moment, Burr's mind was at rest.

At the beginning of August, 1806, he once more journeyed down the Ohio.

On the way he stopped at a settlement on the Monongahela, not far from

Pittsburgh, where he visited one Colonel George Morgan. This man

afterward declared that Burr talked mysteriously--the Administration was

contemptible, two hundred men could drive the Government into the

Potomac, five hundred could take New York; and, Burr added laughingly,

even the Western States could be detached from the Union. Most of this

was said "in the presence of a considerable company."[840]

The elder Morgan, who was aged and garrulous,[841] pieced together his

inferences from Burr's meaning looks, jocular innuendoes, and mysterious

statements,[842] and detected a purpose to divide the Nation. Deeply

moved, he laid his deductions before the Chief Justice of Pennsylvania

and two other gentlemen from Pittsburgh, a town close at hand; and a

letter was written to Jefferson, advising him of the threatened

danger.[843]

From Pittsburgh, Burr for the second time landed on the island of Harman

Blennerhassett, who was eager for any adventure that would restore his

declining fortunes. If war with Spain should, after all, not come to

pass, Burr's other plan was the purchase of the enormous Bastrop land

grant on the Washita River. Blennerhassett avidly seized upon both

projects.[844] From that moment forward, the settlement of this rich and

extensive domain in the then untouched and almost unexplored West became

the alternative purpose of Aaron Burr in case the desire of his heart,

the seizure of Mexico, should fail.[845]

Unfortunately Blennerhassett who, as his friends declared, "had all

kinds of sense, except common sense,"[846] now wrote a series of letters

for an Ohio country newspaper in answer to the articles appearing in the

Kentucky organ of Daveiss and Humphrey Marshall, the _Western World_.

The Irish enthusiast tried to show that a separation of the Western

States from "Eastern domination" would be a good thing. These foolish

communications were merely repetitions of similar articles then

appearing in the Federalist press of New England, and of effusions

printed in Southern newspapers a few years before. Nobody, it seems,

paid much attention to these vagaries of Blennerhassett. It is possible

that Burr knew of them, but proof of this was never adduced. When the

explosion came, however, Blennerhassett's maunderings were recalled, and

they became another one of those evidences of Burr's guilt which, to the

public mind, were "confirmation strong as proofs of holy writ."

Burr and his newly made partner contracted for the building of fifteen

boats, to be delivered in four months; and pork, meal, and other

provisions were purchased. The island became the center of operations.

Soon a few young men from Pittsburgh joined the enterprise, some of them

sons of Revolutionary officers, and all of them of undoubted loyalty to

the Nation. To each of these one hundred acres of land on the Washita

were promised, as part of their compensation for participating in the

expedition, the entire purpose of which was not then explained to

them.[847]

Burr again visited Marietta, where the local militia were assembled for

their annual drill, and put these rural soldiers through their

evolutions, again fascinating the whole community.[848] At Cincinnati,

Burr held another long conference with his partner, Senator John Smith,

who was a contractor and general storekeeper. The place which the

Washita land speculation had already come to hold in his mind is shown

by the conversation--Burr talked as much of that project as he did of

war with Spain and his great ambition to invade Mexico;[849] but of

secession, not a syllable.

Next Burr hurried to Nashville and once more became the honored guest of

Andrew Jackson, whom he frankly told of the modification of his plans.

His immediate purpose, Burr said, now was to settle the Washita lands.

Of course, if war should break out he would lead a force into Texas and

Mexico. Burr kept back only the part Wilkinson was to play in

precipitating hostilities; and he said nothing of his efforts to bolster

up that frail warrior's resolution.[850]

In Tennessee and Kentucky the talk was again of war with Spain. Indeed,

it was now the only talk.[851] For the third time in the Tennessee

Capital a public banquet was given to the hero by whom the people

expected to be led against the enemy. Soon afterward Jackson issued his

proclamation to the Tennessee militia calling them to arms against the

hated Spaniards, and volunteered his services to the National

Government. Jefferson answered in a letter provoking in its

vagueness.[852]

At Lexington, Kentucky, Burr and Blennerhassett now purchased from

Colonel Charles Lynch, the owner of the Bastrop grant, several hundred

thousand acres on the Washita River in Northern Louisiana.[853]

To many to whom Burr had spoken of his scheme to invade Mexico he gave

the impression that his designs had the approval of the Administration;

to some he actually stated this to be the fact. In case war was

declared, the Administration, of course, would necessarily support

Burr's attack upon the enemy; if hostilities did not occur, the

"Government might overlook the preparations as in the case of

Miranda."[854] It is hard to determine whether the project to invade

Mexico--of which Burr did not inform them, but which they knew to be his

purpose--or the plan to settle the Washita lands, was the more

attractive to the young men who wished to join him. Certainly, the

Bastrop grant was so placed as to afford every possible lure to the

youthful, enterprising, and adventurous.[855]

At this moment Wilkinson, apparently recovered from the panic into which

Clark's letter had thrown him a year before, seemed resolved at last to

strike. He even wrote with enthusiasm to General John Adair: "The time

long looked for by many & wished for by more has now arrived, for

subverting the Spanish government in Mexico--be ready & join me; we will

want little more than light armed troops.... More will be done by

marching than by fighting.... We cannot fail of success.[856] Your

military talents are requisite. Unless you fear to join a Spanish

intriguer [Wilkinson] come immediately--without your aid I can do

nothing."[857] In reply Adair wrote Wilkinson that "the United States

had not declared war against Spain and he did not believe they would."

If not, Adair would not violate the law by joining Wilkinson's projected

attack on Spain.[858]

By the same post Wilkinson wrote to Senator John Smith a letter

bristling with italics: "I shall assuredly push them [the Spaniards]

over the Sabine ... as that you are alive.... _You must speedily send me

a force_ to support our pretensions ... _5000 mounted infantry ... may

suffice to carry us forward as far as Grand River_ [the Rio Grande],

_there we shall require 5000 more to conduct us to Mount el Rey ...

after which from 20_ to _30,000 will be necessary to carry our conquests

to California_ and the _Isthmus of Darien. I write in haste, freely_ and

_confidentially_, being ever your friend."[859]

In Kentucky once more the rumors sprang up that Burr meant to dismember

the Union, and these were now put forward as definite charges. For

months Joseph Hamilton Daveiss, a brother-in-law of John

Marshall--appointed at the latter's instance by President Adams as

United States Attorney for the District of Kentucky[860]--had been

writing Jefferson exciting letters about some kind of conspiracy in

which he was sure Burr was engaged. The President considered lightly

these tales written him by one of his bitterest enemies.

With the idea of embarrassing the Republican President, by connecting

him, through the Administration's seeming acquiescence in Burr's

projects as in the case of the Miranda expedition, Daveiss and his

relative, former Senator Humphrey Marshall--both leaders of the few

Federalists now remaining in Kentucky--welded together the rumors of

Burr's Mexican designs and those of his treasonable plot to separate the

Western States from the Union. These they published in a newspaper which

they controlled at Frankfort.[861]

The moss was removed from the ancient Spanish intrigues; Wilkinson was

truthfully denounced as a pensioner of Spain; but the plot, it was

charged, had veered from a union of the West with the Spanish dominions,

to the establishment, by force of arms, of an independent

trans-Alleghany Government.[862] The Federalist organs in the East

adopted the stories related in the _Western World_, and laid especial

emphasis on the disloyalty of the Western States, particularly of

Kentucky.

The rumors had so aroused the people living near Blennerhassett's island

that Mrs. Blennerhassett sent a messenger to warn Burr that he could

not, in safety, appear there again. Learning this from the bearer of

these tidings, Burr's partner, Senator John Smith, demanded of his

associate an explanation. Burr promptly answered that he was "greatly

surprised and really hurt" by Smith's letter. "If," said Burr, "there

exists any design to separate the Western from the Eastern States, I am

totally ignorant of it. I never harbored or expressed any such intention

to any one, nor did any person ever intimate such design to me."[863]

Daveiss and Humphrey Marshall now resolved to stay the progress of the

plot at which they were convinced that the Republican Administration was

winking. If Jefferson was complacent, Daveiss would act and act

officially; thus the President, by contrast, would be fatally

embarrassed. Another motive, personal in its nature, inspired Daveiss.

He was an able, fearless, passionate man, and he hated Burr violently

for having killed Hamilton whom Daveiss had all but worshiped.[864]

Early in November the District Attorney moved the United States Court at

Frankfort to issue compulsory process for Burr's apprehension and for

the attendance of witnesses. Burr heard of this at Lexington and sent

word that he would appear voluntarily. This he did, and, the court

having denied Daveiss's motion because of the irregularity of it, the

accused demanded that a public and official investigation be made of his

plans and activities. Accordingly, the grand jury was summoned and

Daveiss given time to secure witnesses.

On the day appointed Burr was in court. By his side was his attorney, a

tall, slender, sandy-haired young man of twenty-nine who had just been

appointed to the National Senate. Thus Henry Clay entered the drama.

Daveiss failed to produce a single witness, and Burr, "after a dignified

and grave harangue," was discharged, to the tumultuous delight of the

people.[865]

Two weeks later the discomfited but persistent and undaunted District

Attorney again demanded of Judge Innes the apprehension of the

"traitor." Clay requested of Burr a written denial of the charges so

incessantly made against him. This Burr promptly furnished.[866] Clay

was so convinced of Burr's integrity that he declared in court that he

"could pledge his own honor and innocence" for those of his client.

Once more no witnesses were produced; once more the grand jury could not

return an indictment; once more Burr was discharged. The crowd that

packed the court-room burst into cheers.[867] That night a ball, given

in Burr's honor, crowned this second of his triumphs in the United

States Court.[868]

Thereafter Burr continued his preparations as if nothing had happened.

To all he calmly stated the propriety of his enterprise. To his fellow

adventurer, Senator John Smith, he was again particularly explicit and

clear: "If there should be a war between the United States and Spain, I

shall head a corps of volunteers and be the first to march into the

Mexican provinces. If peace should be proffered, which I do not expect,

I shall settle my Washita lands, and make society as pleasant as

possible.... I have been persecuted, shamefully persecuted."[869] As to

dividing the Union, Burr told Smith that "if Bonaparte with all his army

were in the western country with the object ... he would never see salt

water again."[870]

While Burr was writing this letter, Jefferson was signing a document

that, when sent forth, as it immediately was, ignited all the rumors,

reports, accusations, and suspicions that had been accumulating, and

set the country on fire with wrath against the disturber of our national

bliss.

When Wilkinson received Burr's cipher dispatch, he took time to consider

the best methods for saving himself, filling his purse, and brightening

his tarnished reputation.[871] The faithful and unsuspecting young

Swartwout, Burr's messenger, was persuaded to remain in Wilkinson's camp

for a week after the delivery of the fatal letter. He was treated with

marked friendliness, and from him the General afterward pretended to

have extracted frightful details of Burr's undertaking.[872]

Seven more days passed, and at last, two weeks after he had received

Burr's cipher dispatch, Wilkinson wrote Jefferson that "a Numerous and

powerful Association, extending from New York to ... the Mississippi had

been formed to levy & rendezvous eight or Ten Thousand Men in New

Orleans ... & from thence ... to carry an Expedition against Vera Cruz."

Wilkinson gave details--dates and places of assembling troops, methods

of invasion, etc., and added: "It is unknown under what Authority this

Enterprize has been projected, from where the means of its support are

derived, or what may be the intentions of its leaders in relation to the

Territory of Orleans."[873]

Surprising as this was, the General supported it by a "confidential" and

personal letter to Jefferson[874] still more mysterious and disquieting:

"The magnitude of the Enterprize, the desperation of the Place, and the

stupendous consequences with which it seems pregnant, stagger my belief

& excite doubts of the reality, against the conviction of my Senses; &

it is for this reason I shall forbear to commit Names.... I have never

in my whole Life found myself in such circumstances of perplexity and

Embarrassment as at present; for I am not only uninformed of the prime

mover and Ultimate Objects of this daring Enterprize, but am ignorant of

the foundation on which it rests."

Wilkinson went on to say that, as an inducement for him to take part in

it, he had been told that "you [Jefferson] connive at the combination

and that our country will justify it." If this were not true, "then I

have no doubt the revolt of this Territory will be made an auxiliary

step to the main design of attacking Mexico." So he thought he ought to

compromise with the Spaniards and throw himself with his "little Band

into New Orleans, to be ready to defend that Capitol against Usurpation

and violence."

He wrote more to the same effect, and added this postscript: "Should

Spain be disposed to War seriously with us, might not some plan be

adopted to correct the delirium of the associates, and by a pitiable

appeal to their patriotism to engage them in the service of their

Country. I merely offer the suggestion as a possible expedient to

prevent the Horrors of a civil contest, and I do believe that, with

competent authority I could accomplish the object."[875]

This was the letter which a few months later caused Chief Justice John

Marshall to issue a subpoena _duces tecum_ directed to President

Thomas Jefferson in order to have it produced in court.[876]

Jefferson had known of the rumors about Burr--George Morgan, Joseph H.

Daveiss, and William Eaton had put him on the track of the "traitor."

Others had told of the American Catiline's treasonable plans; and the

newspapers, of which he was a studious reader, had advised the President

of every sensation that had appeared. Jefferson and his Cabinet had

nervously debated the situation, decided on plans to forestall the

conspiracy, and then hurriedly abandoned them;[877] evidently they had

no faith in the lurid stories of Burr's treasonable purposes and

preparations.

Letters to Jefferson from the West, arriving October 24, 1806, bore out

the disbelief of the President and his Cabinet in Burr's lawless

activities; for these advices from the President's friends who, on the

ground, were closely watching Burr, contained "not one word ... of any

movements by Colonel Burr. This total silence of the officers of the

Government, of the members of Congress, of the newspapers, proves he is

committing no overt act against law," Jefferson wrote in his Cabinet

Memorandum.[878] So the President and his Cabinet decided to do nothing

further at that time than to order John Graham, while on his way to

assume the office of Secretary of the Orleans Territory, to investigate

Burr's activities.

But when the mysterious warnings from Wilkinson reached Jefferson, he

again called his Cabinet into consultation and precipitate action was

taken. Orders were dispatched to military commanders to take measures

against Burr's expedition; Wilkinson was directed to withdraw his troops

confronting the Spaniards and dispose of them for the defense of New

Orleans and other endangered points.

Most important of all, a Presidential Proclamation was issued to all

officials and citizens, declaring that a conspiracy had been discovered,

warning all persons engaged in it to withdraw, and directing the

ferreting out and seizure of the conspirators' "vessels, arms and

military stores."[879] Graham preceded the Proclamation and induced

Governor Tiffin and the Ohio Legislature to take action for the seizure

of Burr's boats and supplies at Marietta; and this was done.

On December 10, 1806, Comfort Tyler of Onondaga County, New York, one of

the minor leaders of the Burr expedition,[880] arrived at

Blennerhassett's island with a few boats and some twenty young men who

had joined the adventure. There were a half-dozen rifles among them,

and a few fowling pieces. With these the youths went hunting in the Ohio

forests. Blennerhassett, too, had his pistols. This was the whole of the

warlike equipment of that militant throng--all that constituted that

"overt act of treason by levying war against the United States" which

soon brought Burr within the shadow of the gallows.

Jefferson's Proclamation had now reached Western Virginia, and it so

kindled the patriotism of the militia of Wood County, within the

boundaries of which the island lay, that that heroic host resolved to

descend in its armed might upon the embattled "traitors," capture and

deliver them to the vengeance of the law. The Wood County men, unlike

those of Ohio, needed no act of legislature to set their loyalty in

motion. The Presidential Proclamation, and the sight of the enemies of

the Nation gathered in such threatening and formidable array on

Blennerhassett's island, were more than enough to cause them to spring

to arms in behalf of their imperiled country.

Badly frightened, Blennerhassett and Tyler, leaving Mrs. Blennerhassett

behind, fled down the river with thirty men in six half-equipped boats.

They passed the sentries of the Wood County militia only because those

ministers of vigilance had got thoroughly drunk and were sound asleep.

Next day, however, the militia invaded the deserted island and, finding

the generously stocked wine cellar, restored their strength by drinking

all the wine and whiskey on the place. They then demonstrated their

abhorrence of treason by breaking the windows, demolishing the

furniture, tearing the pictures, trampling the flower-beds, burning the

fences, and insulting Mrs. Blennerhassett.[881]

Graham procured the authorities of Kentucky to take action similar to

that adopted in Ohio. Burr, still ignorant of Jefferson's Proclamation,

proceeded to Nashville, there to embark in the boats Jackson was

building for him, to go on the last river voyage of his adventure.

Jackson, like Smith and Clay, had been made uneasy by the rumors of

Burr's treasonable designs. He had written Governor Claiborne at New

Orleans a letter of warning, particularly against Wilkinson, and not

mentioning Burr by name.[882] When Burr arrived at the Tennessee

Capital, Jackson, his manner now cold, demanded an explanation. Burr,

"with his usual dignified courtesy, instantly complied."[883] It would

seem that Jackson was satisfied by his reassurance, in spite of the

President's Proclamation which reached Nashville three days before

Burr's departure;[884] for not only did Jackson permit him to proceed,

but, when the adventurer started down the Cumberland in two of the six

boats which he had built on Burr's previous orders, consented that a

nephew of his wife should make one of the ten or fifteen young men who

accompanied the expedition. He even gave the boy a letter of

introduction to Governor Claiborne at New Orleans.[885]

After the people had recovered from the shock of astonishment that

Jefferson's Proclamation gave them, the change in them was instantaneous

and extreme.[886] The President, to be sure, had not mentioned Burr's

name or so much as hinted at treason; all that Jefferson charged was a

conspiracy to attack the hated Spaniards, and this was the hope and

desire of every Westerner. Nevertheless, the public intelligence

penetrated what it believed to be the terrible meaning behind the

President's cautious words; the atrocious purpose to dismember the

Union, reports of which had pursued Burr since a Spanish agent had first

set the rumor afoot a year before, was established in the minds of the

people.

Surely the President would not hunt down an American seeking to

overthrow Spanish power in North America, when a Spanish "liberator" had

been permitted to fit out in the United States an expedition to do the

same thing in South America. Surely Jefferson would not visit his wrath

on one whose only crime was the gathering of men to strike at Spain with

which power, up to that very moment, everybody supposed war to be

impending and, indeed, almost begun. This was unthinkable. Burr must be

guilty of a greater crime--the greatest of crimes. In such fashion was

public opinion made ready to demand the execution of the "traitor" who

had so outrageously deceived the people; and that popular outcry began

for the blood of Aaron Burr by which John Marshall was assailed while

presiding over the court to which the accused was finally taken.

From the moment that Wilkinson decided to denounce Burr to the

President, his language became that of a Bombastes Furioso, his actions

those of a military ruffian, his secret movements matched the cunning of

a bribe-taking criminal. By swiftest dispatch another message was sent

to Jefferson. "My doubts have ceased," wrote Wilkinson, concerning "this

deep, dark, wicked, and wide-spread conspiracy, embracing the young and

the old, the democrat and the federalist, the native and the foreigner,

the patriot of '76 and the exotic of yesterday, the opulent and the

needy, the ins and the outs."

Wilkinson assured Jefferson, however, that he would meet the awful

emergency with "indefatigable industry, incessant vigilance and hardy

courage"; indeed, declared he, "I shall glory to give my life" to defeat

the devilish plot. But the numbers of the desperadoes were so great

that, unless Jefferson heavily reinforced him with men and ships, he and

the American army under his command would probably perish.[887]

As the horse bearing the messenger to Jefferson disappeared in the

forests, another, upon which rode a very different agent, left

Wilkinson's camp and galloped toward the Southwest. The latter agent was

Walter Burling, a corrupt factotum of Wilkinson's, whom that martial

patriot sent to the Spanish Viceroy at Mexico City to advise him of

Wilkinson's latest service to Spain in thwarting Burr's attack upon the

royal possessions, and in averting war between the United States and His

Catholic Majesty. For these noble performances Wilkinson demanded of the

Spanish Viceroy more than one hundred and ten thousand dollars in cash,

together with other sums which "he [had] been obliged to spend in order

to sustain the cause of good government, order and humanity."[888]

The Life of John Marshall, Volume 3: Conflict and construction, 1800-1815 · 第 6 / 13 章