During the chit-chat after the cloth had been removed a note was handed

the Colonel. Blennerhassett, who sat next to him, detected the odor of

musk and mentioned it. This was the cue for his host to enliven the

company with the story of a flirtation. Blennerhassett gave space to

it in his diary “only to convey an idea of the temperament and address

which enabled this character on certain occasions, like the snake, to

cast his slough, and through age and debauchery, seem to uphold his

ascendancy over the sex.”

Yet, in spite of this caustic criticism, Blennerhassett did not

cease to marvel at Burr’s ingenuity. He discovered in the Colonel’s

possession a complete file of all the depositions made before the Grand

Jury. “It must be confessed,” he remarked, “that few other men in his

circumstances, could have procured these documents out of the custody

of offices filled by his inveterate enemies. I have long been at a loss

to imagine the means he used, of which I am not yet fully informed.”

Burr, too, succumbed to the malady which had laid low so many people

in Richmond. On one of his visits Blennerhassett found him in bed. He

suggested that a doctor be called, to which Burr replied that he had no

confidence in the local physicians. Blennerhassett expressed himself as

being of the same opinion, unless he excepted Dr. McClurg. This was an

unwarranted reflection against some of Richmond’s outstanding members

of the medical profession.

Blennerhassett thoughtfully went to a druggist and returned with

medicine carefully prepared which he left with the Colonel. When

he returned in the evening to see how his patient was faring, Burr

confessed that, instead of taking Blennerhassett’s medicine, he had

given himself a dose of laudanum. He defended his action on the ground

that he felt weak and in need of an opiate.

At one of their meetings Burr confided to Blennerhassett that as soon

as the trial was over he proposed to set off immediately for England,

there to collect money for his projects.

“In London, no doubt,” commented Blennerhassett bitterly, “he will

pledge himself to appropriate every guinea they will advance him to the

promotion of such operations on the continent as will best serve the

interests of Britain; and if he had not already exposed his duplicity

and incapacity in his favorite area of intrigue to Yrujo, he would

again as readily promise to advance, with Spanish dollars and Spanish

arms, the fortunes of the Spanish minister and his master.”

Toward the close of the trial Blennerhassett had the pleasure of

drinking tea and spending the evening at the Chevalliés’. There he met

Mrs. David Randolph, formerly the mistress of Moldavia, and the sister

of a son-in-law of Jefferson. Moldavia, derived from the names of Molly

and David Randolph, was Richmond’s fashionable boarding house. Mrs.

Randolph was famous as a provider and the author of a cook book. She,

it will be recalled, was credited also with having designed a tin-lined

ice chamber for storing perishable foods that was used as model for the

first American refrigerator. Blennerhassett found her accomplished,

charming in manner, and possessing a masculine mind. He recorded that,

in spite of her relationship to the President, “I heard more pungent

strictures upon Jefferson’s head and heart ... and she certainly

uttered more treason than my wife ever dreamed of, for she ridiculed

the experiment of a republic in this country.” No wonder since the

President had deprived her husband, a Federalist, of the lucrative

post of U.S. Marshal of Virginia.

The last days of the trial were enlivened also by a personal encounter

between General Wilkinson and young Sam Swartwout. They ran into each

other on a narrow sidewalk and the injured young man shouldered the

portly major general off into the street, uniform and all. He followed

this insult with a challenge to a duel to which Wilkinson did not

reply. He would have no correspondence with traitors, and conspirators,

he declared. Swartwout therefore was reduced to publishing in the

_Virginia Gazette_ an open letter to the General which read:

“Sir--I could not have supposed that you would have completed the

catalogue of your crime by adding to the guilt of treachery, forgery

and perjury, the accomplishment of cowardice....

“Having failed in two different attempts to procure an interview

with you, such as no gentleman of honor could refuse, I have only to

pronounce and publish you to the world as a coward and poltroon.”

Burr’s gaiety, which Blennerhassett noted, was not at all times

apparent in the courtroom. As the Chief Justice began to show greater

leniency toward accepting the prosecution’s testimony the Colonel

became progressively more bitter. He made little effort to conceal his

irritation at what he conceived to be weakness and vacillation on the

part of Judge Marshall.

At last the prosecution came to the end of its list of witnesses and

left to the Court a decision on Hay’s motion that the conspirators be

held on charges of treason and misdemeanor outside the jurisdiction

of the Virginia circuit. On October 20 the Chief Justice delivered

his final opinion. Weighing the whole of the testimony, he said,

it appeared to him to predominate in favor of the belief that the

enterprise was really designed against Mexico. If there had been

any plan for dismembering the Union it was known only to Burr and

Blennerhassett. Even the witnesses offered by the prosecution had

asserted that they had heard nothing and suspected nothing hostile to

the United States. How then could the assemblage of men be said to

have levied war against the United States? He therefore concluded

that, in his judgment, it would be improper to commit the accused on

the charge of treason.

As to the charge of misdemeanor, it appeared to the Chief Justice that

Burr’s purposes were to settle the Washita lands and to invade Mexico

if opportunity offered, perhaps only in the event of war with Spain.

But this was a matter which should be left to the decision of the jury,

and he would make no comment on it one way or the other to influence

their judgment. He therefore would commit Burr and Blennerhassett for

preparing and providing the means for a military expedition against

Spain. In this instance the misdemeanor was alleged to have occurred

in Ohio. Therefore Burr and Blennerhassett were released on bail for

the action of the Circuit Court in that state at its next meeting on

January 4, 1808.

Hay interpreted the decision as a defeat for the Government forces.

He immediately said that he would advise the Government to desist

from further prosecution. No man on either side had labored more

indefatigably than he. But his patience was now at an end. And so in

the last days of the trial he threw aside all restraint and confided

in Jefferson his true sentiments with respect to Wilkinson. To the

President he wrote: “The declaration which I made in court in his

favor some time ago 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 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.”

Whatever Mr. Jefferson’s innermost feelings may have been on receipt

of this letter from the District Attorney surely he was then in no

position to confess any misgivings about the man whom he had taken as

his chief ally in the proceedings in Richmond.

Burr was no better pleased with the Chief Justice’s decision on the

Hay motion than was its author. In his disappointment at not being

granted complete exoneration he ignored the courageous behavior of

Judge Marshall in his behalf at the critical moment when the mob was

hot on Burr’s heels.

Three days after the rendering of the final decision he wrote in

disgust to Theodosia: “After all, this is a sort of drawn battle. The

Chief Justice gave his opinion on Tuesday. After declaring that there

were no grounds of suspicion as to treason, he declared that Burr and

Blennerhassett should give bail in $3,000 for further trial in Ohio.

“This opinion was a matter of regret and surprise to the friends of the

Chief Justice, and of ridicule to his enemies--all believing that it

was a sacrifice of principle to conciliate Jack Cade.”

Gratitude was not one of Colonel Burr’s most conspicuous attributes.

_Chapter_ XX

It will be recalled that when Aaron Burr was under suspicion in the

Fall of 1806 he made haste to assure his friends in no uncertain

language that there was no truth in the rumors.

Senator John Smith of Ohio, who had received the Colonel cordially on

his visit to Cincinnati, was among the first to grow alarmed and to

make direct inquiry. Burr replied that he was “surprised and hurt” at

the unusual tenor of Smith’s letter. He then went on to say: “If 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 anyone, nor did any person ever intimate such design to

me.”

A month later, in November, Burr addressed a letter to Governor William

Henry Harrison, of the Northwest Territory. “Considering the various

and extravagant reports which circulate concerning me,” he said, “it

may not be unsatisfactory to you to be informed (and to you there

can be no better source of information than myself) that I have no

wish nor design to attempt a separation of the Union, that I have no

connection with any foreign power or government, that I never meditated

the introduction of any foreign power or influence into the United

States, or any part of its territories, but on the contrary should

repel with indignation any proposition or measure having that tendency;

in fine, that I have no project or views hostile to the interest,

or tranquillity, or union of the United States, or prejudicial to

its government; and I pledge to you my honor for the truth of this

declaration.”

Within the space of a few days he was assuring Henry Clay that: “I

have no design, nor have I taken any measure, to promote a dissolution

of the Union or a separation of any one or more States from the

residue.... I do not own a musket nor a bayonet, nor any single article

of military stores, nor does any person for me by my authority or with

my knowledge.”

On top of all that General Andrew Jackson was himself authority for

the statement that, in reply to his inquiries, Burr had given “the

most sacred pledges that he had not, nor never had, any views inimical

or hostile to the United States, and whenever he was charged with the

intention of separating the Union the idea of insanity must be ascribed

to him.”

Here then from the lips of the accused himself were the most

categorical denials of the serious charges that had been brought

against him. To the truth of his assertions he pledged his honor as a

gentleman. It was a pledge supported by many generations of Burrs and

Edwardses representing the purest blood of Puritan New England. Only by

hair-splitting with the deliberate intention of misleading could his

declarations be otherwise construed.

Since then Burr’s innocence of the crimes of treason and high

misdemeanor, so far as his actions within the territory of Virginia

were concerned, had been attested by two juries of his peers in a

tribunal presided over by the Chief Justice of the United States. The

only mark against him that remained unresolved was his commitment by

Judge Marshall for possible misdemeanor in the State of Ohio.

In the light of this exoneration the Federalists might well claim that

their charge had been sustained: to wit, that Burr was an unoffending

man who had been subjected to merciless political persecution at the

hands of Thomas Jefferson and his followers. On the basis of the

decisions rendered in Richmond future generations might perpetuate that

belief.

Some eighty years were to pass before fresh evidence was disclosed

touching on the activities of Aaron Burr at the turn of the century.

It was on or around the year 1890 that Henry Adams, the historian,

gained access to the British and Spanish archives which contained

the written reports of their representatives in this country during

the administration of Thomas Jefferson. The ministers of these two

countries were respectively Anthony Merry and the Marquis de Casa Yrujo.

Anthony Merry came to the United States highly recommended by our

Minister to the Court of St. James’s, Rufus King. Merry sought the

office and, according to all accounts, was eager to do a good job.

Unfortunately for that ambition he arrived at a time when Jefferson’s

ingrained antipathy toward England was at its peak. It also was at

a time when the President was showing his greatest persistency in

applying his theories of equality to the official society of the

capital. The unhappy Merry proved to be an ideal subject on which Mr.

Jefferson could practice his theories.

The first opportunity came when Mr. Merry went with Secretary of State

Madison to present his credentials at the White House. The traditional

story is that the President received the emissary from his Majesty King

George III in his bedroom slippers. Of course there was no rule against

such informality. Mr. Jefferson’s indifference to dress was notorious.

No slight may have been intended. Yet the British Minister, wearing the

full regalia of his office, was made to look somewhat foolish. He not

unnaturally assumed that the author of the Declaration of Independence

was being deliberately rude.

That impression gained support soon thereafter when, at his official

dinners, the President abolished the rules of precedence and

substituted that of “pêle mêle,” under which the company marched from

the drawing room to the dining room in whatever order they found

themselves. The system deprived the British Minister of the place to

which he felt entitled.

It so happened that Mrs. Merry was a lady of fiery temper who rejoiced

in the clash of battle. She was more eager than her husband to pick

up the gantlet Mr. Jefferson had thrown down. The result of all this

was a tempest in official circles in Washington which the critics and

enemies of the President rejoiced in and did nothing to allay.

Such was the unfriendly relationship between the President and the

Merrys when, in July of 1804, following his duel with Hamilton, Colonel

Burr appeared as a refugee in Philadelphia. The Merrys were spending

the summer there. It was not long before the Colonel, with his unerring

eye for singling out malcontents in the prospect of working them into

his plans, made a contact with Merry. In a letter to Lord Harrowby,

then the British Foreign Secretary, dated August 4, Merry informed his

superior of the details of a visit he had just received from Colonel

Williamson, an emissary of Burr, whom he described as the “actual

Vice-President of the United States (which situation he is about to

resign).” On that point Merry was definitely misinformed.

Burr, said Merry, had made an offer through Colonel Williamson to lend

his assistance to his Majesty’s Government in any manner in which they

might think fit to employ him, “particularly in endeavoring to effect

a separation of the western part of the United States from that which

lies between the Atlantic and the mountains.” Burr’s proposition, said

Merry, would be fully detailed to Lord Harrowby by Williamson who was

to embark for England within a few days.

Merry alluded to Burr’s profligacy of character. He then sketched his

existing situation, describing how he was now cast off by both the

Democratic and Federalist parties but still preserved connections with

some people of influence. He called attention to Burr’s great personal

ambition and the spirit of revenge he harbored against the Jefferson

administration. These circumstances Merry thought might possibly induce

him to exert his talents and activity with fidelity to his employers.

That, in substance, was Merry’s first communication with his superiors

on the subject of Burr.

In the succeeding months Burr made his trip to the South, then returned

to Washington and presided at the trial of Justice Chase before

retiring from the Vice-Presidency. Meanwhile his friend Colonel

Williamson had journeyed to England where he held conferences with the

British ministers trying to get the co-operation of their government in

Burr’s plans. Burr’s next contact with Merry was shortly before he set

out on his first trip to the West.

About this time there arrived in Washington a delegation from Louisiana

to lay their grievances before the Government. Under the treaty by

which the territory had been ceded to the United States its people were

promised all the rights and privileges of United States citizens. But

the United States Government was slow in carrying out its commitments.

Here was another discontented group.

To Lord Harrowby on March 29, 1805, Merry directed another letter

which he marked “Most secret.” Merry mentioned that Burr had been very

intimate with the Louisiana deputies during their visit to Washington.

From Burr he learned that the people of that territory seemed

determined to make themselves independent of the United States and

that the execution of their design was delayed only by the difficulty

of obtaining previously an assurance of protection and assistance from

some foreign power.

Burr, according to Merry, then alluded to the possibility of the

inhabitants of the western parts of the United States joining in

this independence movement since Louisiana must always have command

over them because of their rivers joining with the Mississippi. Burr

as usual threw out hints without definitely committing himself. “It

is clear,” commented Merry, “that Mr. Burr (although he has not as

yet confided to me the exact nature and extent of his plan) means to

endeavor to be the instrument of effecting such a connection.”

Merry went on to quote Burr as saying that for obvious reasons the

people of Louisiana would prefer having the protection and assistance

of Great Britain to that of France; but that if His Majesty’s

Government should not think proper to listen to his overture,

application would be made to the Government of France. Burr claimed

that the French Government was eager to embrace such an opportunity and

that, even while at war with England, it could find means for sending

to America the small force that would be needed for the purpose.

As to the military aid from the British that would be required for the

enterprise Burr, according to Merry, thought that two or three frigates

and the same number of smaller vessels, stationed at the mouth of the

Mississippi to prevent its being blockaded by any such force as the

United States could send, and to keep open the communications with the

sea, was all that would be required.

Then Burr came to the vital matter of cost. Merry said Burr conceived

that a “loan” of about £100,000 would be sufficient for the immediate

purposes of the enterprise. Burr went even further to suggest a way to

prevent any suspicion of His Majesty’s Government being involved in the

transaction until the independence of Louisiana had been declared. Such

suspicion would be raised if remittances were made from England to the

United States or if bills were drawn in this country. Burr knew that a

payment of £200,000 was due from the United States to England in the

coming July. He proposed that the British Government appropriate part

of this sum to his plan. If they would do that, Burr told Merry, he

could devise the means to get the money into his possession without its

destination being either known or suspected.

Merry gave no intimation of being surprised at this proposal. If the

British Government had been as naïve as its minister in Washington,

imagine the change in Burr’s declining fortune on finding himself

possessed of the equivalent of approximately $500,000 out of the

British Treasury and under conditions that would prevent the British

Government from confessing its source or protesting any purpose to

which Burr might put it.

Shortly after this interview Burr set out for the West. It will be

recalled that some careless talk, which gave rise to rumors, alarmed

Daniel Clark in New Orleans and caused him to sound a warning to Burr

through General Wilkinson. Merry, who by this time imagined that he

was a party to the intrigue, also heard the rumors and expressed his

anxiety in a letter to Lord Mulgrave who had succeeded Harrowby in the

ministry of William Pitt. He wrote: “... I learn that that gentleman

[Burr] has commenced his plans in the Western country, and apparently

with much success, although it would seem that he or some of his agents

have either been indiscreet in their communication, or have been

betrayed by some person in whom they considered that they had reason

to confide, for the object of his journey has now begun to be noted in

the public prints, where it is said that a convention is to be called

immediately from the States bordering on the Ohio and the Mississippi

for the purpose of forming a separate government.”

There was a more favorable interpretation of the leak which Merry

thought worth mentioning. “It is, however, possible,” he said, “that

the business may be so advanced as, from the nature of it, to render

any further secrecy impossible.” Merry concluded by noting that Burr

had been received everywhere with the most marked attention.

When Burr returned from his western trip in November he lost no time

in calling on the British Minister. Merry faithfully reported their

conversation to Lord Mulgrave in a letter dated November 25. Burr,

according to Merry, opened the conversation by stating that he had

supposed the British Government disposed to give him assistance.

However, continued Burr, the information he had received on this head

was not sufficiently explicit to warrant his sending a confidential

person to London to make the necessary communication as he had promised

to do. He had therefore to content himself by speaking through Merry.

His disappointment at the hesitation of the British Government, Burr

told Merry, had given him the deepest concern because his journey

through the western country and Louisiana as far as New Orleans, not

to speak of a visit to a part of West Florida, had been attended with

so much more success than he had even looked for. Everything, he said,

was completely prepared in every quarter for the execution of his

plan. Therefore he had been induced to enter into an agreement with

his associates and friends to return to them in March to commence

operations.

Again Burr refrained from entering into details with Merry. He thought

enough had been said to start the project and that the rest of the

arrangements could be made through authorized persons he recommended to

accompany the British ships. These would cruise off the mouth of the

Mississippi, commencing April 10 at the latest and continuing there

until the commanding officer should receive information from him or

from Daniel Clark that Louisiana had declared itself independent.

Burr, according to Merry, suggested that his former estimate of naval

strength needed to be increased by a number of smaller vessels since

he had learned on good authority that East and West Florida and other

parts of the Spanish dominions on the North American continent were

impatient for independence. Therefore the increased British force and

whatever he himself could provide would be required for this additional

task.

Burr mentioned no names in his conversation with Merry, contenting

himself with presenting his plans in broad outline. “Throughout the

Western country,” Merry quoted him as reporting, “persons of the

greatest property and influence had engaged themselves to contribute

very largely towards the expense of the enterprise; at New Orleans he

represented the inhabitants to be so firmly resolved upon separating

themselves from their union with the United States, and every way to be

so completely prepared, that he was sure the revolution there would be

accomplished without a drop of blood being shed....”

Merry concluded with Burr’s reference to Wilkinson’s army: “... the

American force in that country (should it not, as he had good reason

to believe, enlist with him) not being sufficiently strong to make any

opposition.” It was accordingly settled that the revolution would begin

at the end of the coming March or the beginning of April, provided

always that the British Government should “consent to lend their

assistance toward it, and the answer, together with the pecuniary aid

which would be wanted, arrived in time to enable him to set out the

beginning of March.”

To spur the British Government to action Burr once more threatened

them with the prospect of the people of Louisiana turning to France.

Then he presented another impelling argument for British help in the

enterprise though at the expense of his own loyalty to his native land.

“He observed,” reported Merry, “what I readily conceived may happen,

that when once Louisiana and the Western country become independent,

the Eastern States will separate themselves immediately from the

Southern; and that thus the power which is now risen up with so much

rapidity in the western hemisphere will, by such a division, be

rendered at once informidable....”

Despite Burr’s pleading and Merry’s indorsement, the British Government

remained apathetic. The last hope of assistance from that quarter

vanished when in January, 1806, William Pitt died and was succeeded as

Prime Minister by Charles James Fox, an avowed friend of the United

States.

Burr, however, had more than one string to his bow. If he could

not wring money from the British he might still try his luck with

the Spaniards. The most convenient victim was Yrujo, the Spanish

Minister. Yrujo had married a daughter of Thomas McKean, signer of the

Declaration of Independence and at the moment Governor of Pennsylvania.

He was well informed as to what was going on in the United States. As

early as the summer of 1805, when Burr was in the West and the rumors

were beginning to fly, he reported to Cevallos, Spanish Minister of

State: “The supposed expedition against Mexico is ridiculous and

chimerical in the present state of things; but I am not unaware that

Burr, in order to get moneys from the English Minister or from England,

has made to him some proposition, in which he is to play the leading

role.”

Having thus early divined Burr’s purpose of extracting money from the

British he should not have been surprised when, six months later,

he found himself the object of financial solicitation. Burr did not

personally approach Yrujo. He sent as his emissary his old friend

Jonathan Dayton, the ex-Senator from New Jersey. The visit took place

in Philadelphia where Dayton was already present and to which Burr

repaired after his last apparently futile appeal to Merry.

Dayton, according to Yrujo’s report to Cevallos, explained that the

reason of his visit was that he had information, known only to three

persons in the country, which he thought would be worth thirty or forty

thousand dollars to the Spanish Government. When Yrujo encouraged him

to proceed Dayton disclosed the story of Burr’s secret conferences with

Merry. It included the plan for taking the Floridas and for effecting

the separation and independence of the western states. The Floridas,

said Dayton, were to be associated with the new federated state, and

for her share in bringing it about England was to receive a preference

in matters of commerce and navigation. The plan, he continued, had

obtained the approval of the British Minister who had recommended it

to his Government. Dayton added that on his trip to the West Burr had

found the people of that section not only disposed toward independence

but also anxious to make an expedition against the kingdom of Mexico.

The proposal, said Dayton, had been well received by the British

Cabinet.

In his previous letter to Cevallos, Yrujo had spoken of Burr’s

proposed expedition into Mexico as chimerical. Surely nothing was more

chimerical than his present plan to help pay for it by frightening the

Spaniards into giving him money for warning him of what was going to

happen to them. General Jackson and other prominent westerners who were

enthusiastic over such an expedition and had hailed Burr as the leader

no doubt would have been astonished had they known that he was thus

divulging his plans to the Spaniards in the hope of getting money from

them.

But in this instance Yrujo was not so easily fooled. He did not believe

that the British Government had fallen for the plan as Dayton asserted.

Yrujo reasoned that, had they done so, Burr and Dayton would not now

be coming to him. He was quite aware that Dayton, while pretending to

betray the plot, had actually been sent by Burr.

Yrujo did not commit himself. He dismissed the ex-Senator courteously,

promising to talk to him again. Burr and Dayton appear to have realized

that they had overplayed their hand. A few days later Dayton paid a

return visit. This time he confessed that Burr’s plan had not been

received with enthusiasm by the British ministry.

Dayton now unfolded another. It was that a certain number of men

were to be introduced into the city of Washington, in disguise and

well armed. At a signal from Burr they were to seize the President,

Vice-President, and the President of the Senate, thus securing the

heads of government. Next they were to take the public money which

was on deposit in the banks in Washington and Georgetown and possess

themselves of the arsenal on the eastern branch of the Potomac and also

the Navy Yard. The vessels would be burned except two or three which

were ready for service. Burr, according to Dayton, hoped to paralyze

the opposition and make favorable agreements with the individual

states. But, failing this, he would board the vessels in the Navy Yard

with his followers and sail for New Orleans and there proclaim the

emancipation of Louisiana and the western states.

In reporting the interview to his Government, Yrujo observed that for

one who did not know the country it would appear almost insane, “...

but I confess, for my part, that in view of all the circumstances it

seems to me easy to execute, although it will irritate the Atlantic

States.... It is beyond question that there exists in this country an

infinite number of adventurers, without property, full of ambition,

and ready to unite at once under the standard of a revolution which

promises to better their lot. Equally certain it is that Burr and

his friends, without discovering their true object, have succeeded

in getting the good-will of these men, and inspiring the greatest

confidence among them in favor of Burr.”

After what Merry imagined to be valiant service for his own country

in abetting the dissolution of the Union, the end of his mission to

the United States was distressing. His correspondence, intended for

Pitt’s ministers, was read by Fox who wrote to Merry accepting his

resignation. It did no good for Merry to protest that he had not

offered his resignation. But even while he waited for his successor to

arrive he sent off one final dispatch warning that if Britain refused

to support Burr’s enterprise recourse would be had to France, and that

even without the help of any foreign power Burr proposed to go ahead.

From the foregoing evidence various conclusions may be drawn.

Apologists for Burr might question the accuracy of the reports sent to

their governments by Merry and Yrujo. It is hard to believe they would

have made them up.

Or, Burr’s proposals may be accepted, as Merry at least accepted them,

at their face value. If so, and had he gone on with his plans, a

substantial charge of treason could be laid against Burr.

Still another conclusion would be to accept Burr’s own protest of

innocence and to assume that the propositions he made to the British

and Spanish governments were dishonest and insincere, merely designed

to wring money from them for services which he never intended to

perform.

Whichever conclusion is accepted, had the reports of Merry and Yrujo

been made public at the time of the trials, one wonders whether in

October, 1807, Aaron Burr would have walked out of the Circuit Court

for the Fifth District of Virginia a free man.

_Chapter_ XXI

The trial ended, those of the principals whose homes were in Richmond

returned to their normal pursuits in the city, while those from a

distance departed to pick up the threads of their various careers

elsewhere. What became of them in later years and what changes were

wrought in the scene of their activities during the long hot summer of

1807 are the proper subject for a closing chapter.

Richmond itself continued to grow and prosper. Its important status

as capital of the State of Virginia, the seat of the administrative

branch of state government, of the legislature and the judiciary, and

its favorable location as a center of commerce contributed toward a

continued activity of which the Burr trial was merely one outstanding

episode.

Prosperity had its reflections in the physical appearance of the

city. As Lawyer Wickham’s practice became more lucrative, and as

his increasing progeny began to tax his domestic establishment, he

bethought himself of building a new house. For this project he engaged

the services of the distinguished young architect Robert Mills. The

result of their combined efforts was the handsome house, with its

graceful spiral stairway, which survives to this day as the home of the

Valentine Museum.

Another actor in the drama, who played a modest role as a member of

the Grand Jury, also took advantage of increasing good fortune to

employ Mr. Mills to build a mansion commensurate with it. Dr. John

Brockenbrough, advanced from cashier to president of the Bank of

Virginia, chose a site on Shockoe Hill on an eminence with a sweeping

view to the east. The new abode was a fitting setting for his wife

Gabriella’s salons. It has been destined to go down in history as the

White House of the Confederacy.

They were but two of many other ambitious houses that altered the

modest, homely face of Shockoe Hill. Even as they were rising, however,

fashion was shifting westward. Within a few decades it was to sound the

death knell of the Hill as a desirable residential quarter.

The only dwelling of distinction which stood there at the time of

the Burr trial and which stands today is the house of Chief Justice

Marshall. Restored and reverently cared for, it enables visitors to

visualize what life on the Hill was like when, under its roof or in the

shade of the trees on the lawn, the master penned his famous opinions.

The master himself and his beloved Molly have moved a few blocks away.

They and their family and friends occupy more restricted quarters in

Shockoe Cemetery. In death as in life fashion predominates. As in

life fashion moved from the Hill to the West End, so in death fashion

has shifted to Hollywood Cemetery. Hollywood, with its presidents and

post-bellum aristocracy, has become a showplace. Only the rare visitor

finds his way through a poor and forgotten quarter to Shockoe.

After his long and arduous experience presiding over the trial the

Chief Justice was in need of a rest and he hurried off to the Blue

Ridge Mountains. In a letter to his friend Judge Peter thanking him

for the gift of a book he revealed his sense of relief: “I received it

while fatigued and occupied with the most unpleasant case which has

ever been brought before a Judge in this or perhaps any other country,

which affected to be governed by laws.”

In those days much of the work of the Supreme Court was conducted on

circuit. So the Chief Justice was able to spend a great deal of his

time on official business in the congenial atmosphere of Richmond.

There, after the indignation of his political opponents over his

conduct of the trial had somewhat died down, he once more enjoyed the

affection and respect of his neighbors.

Even after Mr. Jefferson came to the end of his term of office and

retired to Monticello the feud between the Chief Justice and himself

went on. In the summer of 1821 a series of articles by Judge Spencer

Roane, of the Virginia Court of Appeals, attacking the Chief Justice

and presenting the states’ rights argument against the extension of

Federal power, appeared in _The Enquirer_. In a letter to his colleague

Justice Story, Judge Marshall attributed the vulgarity of their tone

to Roane, but imagined the “acerbity of language increased by his

communications with the Great Lama of the mountains.” And even when

Jefferson died the Chief Justice, kindly though he was in most human

relationships, could not bring himself to the point of expressing

distress or offering a word of praise.

Edmund Randolph, the elder statesman, did not long survive the trial.

That, in fact, was his last memorable appearance. He died in 1813 at

the age of 60 years. By an irony of fate the youngest of the counsel in

the trial was the first to go. The prospects of a brilliant career were

cruelly blasted when Benjamin Botts and his young wife met death in the

burning of the Richmond Theater on December 26, 1811. So, save for his

part in the defense of Aaron Burr, he is best known in local history as

the father of John Minor Botts, a Virginia statesman.

William Wirt’s participation was a prelude to greater achievement. His

distinction as a lawyer increased with the years and he eventually

became Attorney General of the United States in three administrations.

Wirt combined with the law the avocation of a man of letters. He

wrote a life of Patrick Henry and a series of essays under the title

of _Letters of a British Spy_ in which he portrayed some of his

contemporaries. These publications gave him momentary fame. He was

alert to seize any inspiration for a literary composition whether it

was the death of an acquaintance or an early morning stroll.

Of the two warriors who figured in the trial the futures were in

striking contrast. Winfield Scott appeared there only as a youthful

spectator. He won his spurs in the War of 1812 where he proved beyond

a doubt that his natural calling was that of a soldier. Between

military assignments he occasionally returned to Richmond to pursue his

courtship of the lovely and talented Maria Mayo. It was said that he

wooed her as lieutenant, captain, major, and colonel, and finally as

general won her hand. He eventually rose to be Commander-in-Chief of

the United States Army. But when, in that position, he was delegated

the task of invading and conquering his native state, Virginia erased

his name from the list of her distinguished sons and has never restored

it.

The other warrior was Major General James Wilkinson. Battered and

bruised from his experience at the hands of the Grand Jury and counsel

for the defense he returned to the Southwest to resume his command.

When, in the War of 1812, General Dearborn demonstrated beyond any

doubt that he was unequal to the task of commanding the United States

Army of the North, the nation once more in her dire need called on

the leader who, according to his own account, had saved her from the

threats of Aaron Burr.

Wilkinson, with the same lethargy of movement that had characterized

his entry on the scene at the Burr trial, eventually reached the

northern theater in the middle of the summer of 1813. His ensuing

campaign was as disastrous to American arms as that of his predecessor

had been. After a succession of failures he gladly welcomed relief from

command though he had still to face a court-martial. This exonerated

him from blame, which no doubt under the circumstances was a just

decision. The nation at last seemed to have arrived at the conclusion

that it could be saved without intercession of the General. He was

not called on again. The remaining twelve years of life that fate

generously granted him were spent in retirement in Mexico. His position

there, though comfortable enough, was something less than it would have

been had he appeared there as the commander of the conquering army of

Emperor Aaron I.

George Hay who had battled so bravely, if unsuccessfully, for the

Government eventually won his reward as a Republican stalwart. He was

elevated to the bench as Judge of the Federal District of Virginia.

Further to seal his connection with the “Virginia Dynasty,” he took as

his second wife Eliza, daughter of James Monroe.

Hay’s colleague MacRae, following his appearance as counsel for the

prosecution, passed through various vicissitudes of fortune. Soon after

the trial he was appointed American consul in Paris. He remained in

Europe a few years before returning to Richmond. What then happened to

him is obscure. One account has it that he met with financial reverses.

However that may be he disappeared from Richmond, leaving his wife

behind, and never returned. He is reported to have died in England.

Of Andrew Jackson and Washington Irving nothing needs to be said. Their

later careers are too well known to require a recapitulation here.

Following his release on bail to await the action of the Ohio Grand

Jury Colonel Burr set out for the North. He was accompanied by the

ever faithful young Samuel Swartwout, Luther Martin, and Harman

Blennerhassett. Blennerhassett’s excuse was that he was sticking with

the Colonel in the hope of recovering more of his money. Whatever the

reason he seemed always ready to answer the Colonel’s beck and call and

to enjoy his company, however much he might abuse him behind his back.

As they proceeded on their journey the report of the outcome of

the trials in Richmond went ahead of them. It was a report of the

miscarriage of justice painted in the lurid colors of the most extreme

animosity of political partisanship.

The crisis came with the arrival of the party in Baltimore on

November 3. That city was a hotbed of Republicanism and its frequent

emotional outbursts already were conditioning it for the popular name

of “Mobtown.” Handbills had been printed and distributed announcing

the hour for the hanging in effigy of the Chief Justice, Burr,

Blennerhassett, and Martin.

On learning of the proposed demonstration Burr, accompanied by

Swartwout, discreetly embarked in a stagecoach for Philadelphia.

Martin retired to his house where he enjoyed the protection of some of

his law students and other friends who armed themselves and prepared to

resist if the house were attacked.

Blennerhassett repaired to an inn where he was supposed to be

guarded by the police--a doubtful security in the event of a public

demonstration. At the frantic urging of the landlord he sought the

greater safety of the attic and from a window looked down at the

disorderly procession as it passed by the inn.

In the lead was a fife and drum corps playing “The Rogues’ March.”

Behind it came a cart in which were the effigies of the aforesaid

gentlemen on their way to be strung up on Gallow’s Hill. It was a

motley array which the living models for the effigies did well to

escape. Fortunately the demonstration ended without violence or

bloodshed.

Burr was still under indictment in New Jersey and New York despite the

fact that the death of Hamilton had occurred three years before. He

did not therefore dare to show his face in public, but lived in New

York City as a fugitive, cared for by devoted friends, until six months

later he took passage for Europe under an assumed name.

He arrived in London in the middle of July and, because of his former

distinction as well as his personal attractions, he was welcomed by

such accomplished persons as Charles Lamb, William Godwin, and Jeremy

Bentham. Burr was still obsessed with the idea of playing a vital part

in the achievement of independence by the Spanish colonies in America.

He gained an interview with the British statesmen Castlereagh and

Canning and revealed a plan of action, but without obtaining either

their interest or support. On the contrary, for whatever reason,

the official attitude stiffened. His apartment was searched and his

property seized. The property was returned but with it came an order to

leave England. Some people saw in this the avenging hand of Jefferson.

Once more an exile, Burr wandered through Sweden, Denmark, and Germany,

always out of funds, depending on the charity of friends, but still

with enough of the old unconquerable spirit to set down in his diary a

lively record of his various amours.

The Colonel at last reached Paris where he sought an interview with

Napoleon in the hope once more of pushing his plans for exploiting

the Spanish colonies. But the Emperor was too busy with his immediate

problems in Europe to give ear to those of Burr. The latter’s situation

was more desperate than ever. The only recourse left to the outcast was

to return home. The American representatives in Paris, on orders from

Washington, refused him a passport. By one of those odd coincidences

so often encountered in life, one of the American representatives was

Alexander MacRae who so short a time before had sought his conviction

in Richmond.

In these trying days the Colonel, if he ever needed consolation, could

still count on Theodosia. In fact the harder he was treated by the

world the greater was her adulation. It reached its climax in a letter

which she addressed to him in Europe:

“I witness your extraordinary fortitude with new wonder at every new

misfortune. Often, after reflecting on this subject, you appear to me

so superior, so elevated above all other men, I contemplate you with

such a strange mixture of humility, admiration, reverence, love and

pride, that very little superstition would be necessary to make me

worship you as a superior being, such enthusiasm does your character

excite in me.

“When I afterwards revert to myself, how insignificant do my best

qualities appear. My vanity would be greater if I had not been placed

so near you; and yet my pride is our relationship. I had rather not

live than not be the daughter of such a man.”

At last in 1812 the Colonel was permitted to return home. By this time

public opinion even in New York had relented. The war with England and

other more immediate matters served to erase from the public conscience

the Hamilton episode. Burr could resume his practice and his native

brilliance soon restored to him his earlier reputation as a leader at

the bar.

But more tragedy was in store. This time it took the form of domestic

sorrow, as though fate were trying to see what else it could do to

break his indomitable spirit. From Charleston came the distressing

news of the death of Aaron Burr Alston, to whom the grandfather was so

devoted and on whom he had counted to carry on the family tradition.

There was still more to come. Theodosia, stricken with grief and

herself fatally ill, sought solace in the company of her father in New

York. At noon on December 30, 1812, accompanied by her maid, she set

sail from Charleston aboard a vessel named _The Patriot_. Not long

after, a terrific storm blew up on the Atlantic. _The Patriot_ was

never heard of again. The vessel’s fate has continued to be a mystery.

The North Carolina coast in the neighborhood of Cape Hatteras was

notorious in those days for “wreckers,” men who, by the ingenious

shifting of lights on shore, lured ships on the shoals and, when the

ships had broken up, preyed on the wrecks. There were as well rumors of

the operations of pirates. In later years legends sprang up of deathbed

confessions in which Theodosia Burr Alston figured as a victim of one

of these bands of marauders. But convincing proof is lacking.

Whatever his innermost thoughts, Burr accepted this last and bitterest

loss with the stoicism he had shown on earlier occasions. His pride

demanded that he do no less.

Meanwhile retribution had caught up with another figure in the trial.

Luther Martin’s constitution broke down under his persistent and

unrestricted drinking. His law practice fell away. Burr learned of his

condition and repaid him for past favors by giving him asylum in his

home in New York.

Eventually Martin returned to Baltimore, his once brilliant mind

shattered by the steady inroads of senility. He often wandered through

the court rooms which had been the scene of so many of his triumphs, a

drooling derelict, for whose support, in recognition of his great past

achievements, each member of the bar accepted a small annual assessment.

Shortly after the episode in Baltimore Blennerhassett parted company

with Burr and went to join his beloved Margaret in Natchez. He was now

approaching the end of his resources, burdened with an accumulation of

debts, and badgered by insolent and exacting creditors. His library,

research apparatus and the furniture in the mansion on the island had

to be sold. The mansion itself was allowed to go to ruin. It was taken

over along with the rest of the island by a tenant who used them for

the culture of hemp and the manufacture of cordage. It was not long,

however, before the mansion was mercifully rescued from its humiliation

by a fire which leveled it to the ground.

Despairing of ever getting any money out of Burr, Blennerhassett

concentrated on his son-in-law Alston, demanding $35,000 on pain of

publishing a pamphlet disclosing the Governor’s connection with the

conspiracy. Alston, now Governor of South Carolina, is reported to have

given him $10,000. Blennerhassett’s next venture was the purchase of a

cotton plantation in Mississippi. In spite of Margaret’s loyal support

this too was a failure.

At this point the acting Governor of Canada, an old and intimate

friend, managed to find a seat for Blennerhassett on one of the

provincial courts of the Dominion. So in 1819, disposing of what

interest remained to him in the island and the plantation, he moved

with his wife and sons to Canada and took up his residence in Montreal.

But this solution of his problem proved temporary--he was turned out

of office by what he described as the “capriciousness of the British

ministry.”

All that was left to him now were claims to property still existing in

Ireland. So in 1822 the Blennerhassetts set sail from Canada for home.

Nothing came of the claims and, after living for a time with a maiden

sister of Harman’s in England, the Blennerhassetts sought refuge on the

island of Guernsey. That was Blennerhassett’s last move. There he died

in 1831, leaving Margaret with little or no money and two dependent

sons.

In 1842 Mrs. Blennerhassett decided to return to the United States

and petitioned Congress for payment for the boats and stores seized

at Marietta, Ohio, in the winter of 1806–07. On her arrival in New

York with one of her sons, Henry Clay, who was then in the Senate,

interested himself in her case. He described her as living in absolute

want, presented her petition, and advocated its justice. But the

petitioner died before the Senate had time to act.

Thus ended the tragic story of the Blennerhassetts, though they

themselves may not have considered it so. For the love that had been

the cause of their adventures in the new world sustained them to the

last. Yet their later years were a far cry from the romantic dreams

in which Blennerhassett stood at the right hand of the Emperor Aaron

I while Margaret presided as first lady in waiting to the Princess

Theodosia. Such was the heavy penalty the Blennerhassetts had to pay

for Harman, as his partner Woodbridge put it, having “all kinds of

sense except common sense.”

For some fifteen years Aaron Burr continued to practice law in New York

City successfully. At the age of 77 years he had one last romantic

passage which culminated in his marriage to the widow Jumel, for which

nothing good could be said on either side. The episode soon ended in

divorce. Time for the Colonel was now fast running out. Yet how many

of his enemies had he already survived! Death came to him at last in

September, 1836, at the age of 80 years.

The body of Aaron Burr was laid to rest in a grave beside those of his

father and his grandfather in the cemetery at Princeton.

One evening at twilight many, many years later, two visitors stood

at the foot of the grave. Instinctively both of them had removed

their hats as they approached the spot. They were Burr’s biographer

Walter Flavius McCaleb and Woodrow Wilson, then President of Princeton

University. They remained for a moment in silence. It was broken by

Wilson’s voice, pitched very low: “How misunderstood--how maligned--”

This from a historian who must have been acquainted with all the facts.

Even in death, and in spite of the passage of time, Aaron Burr still

exercised his fascination.

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_Index_

Adair, John, 23, 110, 116, 257

Adams, Henry, 266

Adams, John, 11, 22, 47, 48, 107

Adams, John Quincy, 73

Agnew, Robert, 154

Albany, Burr in, 9, 10, 14

Hamilton in, 14

Theodosia married in, 148

Allbright, Jacob, 90, 184, 204

Allen, Hugh, 250

Alston, Aaron Burr, 16, 149, 150, 196, 283

Alston, Joseph, 16, 148, 159, 171, 180, 246, 284

letter to Pinckney, 150–151, 152

Alston, Mrs. Joseph. _See_ Burr, Theodosia.

Alston, William, 148

Ambler, Jacquelin, 46

Ambler, John, 74

Ambler, Mary, 46

Anderson, Patton, 80, 86, 87

Anthony, Christopher, 173

Arnold, Benedict, 9, 104

_Aurora_, Philadelphia, 13, 55, 56, 202

Bache, Edward, 202

Baker, Jack, 167

Baltimore, anti-Burr demonstration in, 280–281

Barbary States, 39

Barbecue Club, 135

Barbour, James, 73

Barron, James, 131

Barron, Samuel, 39

Belknap, Maurice P., 187

Bell Tavern, 133

Bentham, Jeremy, 281

Bertrand, Mary Anne, 68

Beveridge, 45

Beverley, Mumford, 74, 125

Biddle, Charles, 109

Biddle, John, 105

Bissell, Daniel, 86, 163, 250

Blackstone, 65, 193

Blair, John, 235, 236

Blakey, Reuben, 173

Blennerhassett, Harman, 20, 24, 117

and Allbright’s testimony, 185

appearance of, 156

arrest of, 164, 165

birth of, 154

and Burr, 157, 158, 162, 165, 168, 196–197, 202, 203, 246, 251, 252,

258, 259, 260, 280

in Canada, 284

death of, after return to Europe, 284

debts of, 283–284

Duane’s visit to, 202

Eaton appraised by, 177

estates sold by, 155

first appearance in court, 168

funds of, attachment served on, 173–174

and Graham, 160

at Harmonic Society, 246, 247

indicted by Grand Jury, 127

indiscreet talk by, 159, 160

island purchased by, 155

law studied by, 154

and Love’s testimony, 185

mansion built by, 155–156

at Marietta, 155

money received from Alston, 284

in New York, arrival in, 155

niece married by, 154–155

_nolle prosequi_ entered to indictment of, 242, 248

in penitentiary, 166, 171–172, 196, 202

illness of, 233

Martin’s visit to, 233–234

postponement of arraignment of, 201, 202

as “Querist,” 158, 159, 160, 247, 251

scholarly talents of, 156

secession discussed by, 158–159

sister of, 154

sons of, 156

and Taylor’s testimony, 180–182

Theodosia admired by, 150

at thirty-one, 154

wife’s portrayal of Burr’s relationship to, 211–214

and Woodbridge’s testimony, 186–187

Woodbridge’s view of, 154, 285

Blennerhassett, Margaret, 20, 150, 154, 155, 162, 283, 284

appearance of, 156

Burr received at Blennerhassett Island, 157

education of, 156, 157, 159

in Natchez, 164, 185, 283

servants’ testimony denounced by, 185

sons of, 157

Theodosia admired by, 159

as widow, 284–285

Blennerhassett Island, 128, 150, 157–160 _passim_, 187, 188, 191,

205, 237, 239, 242, 249

Bollman, Justus Eric, 38, 71, 101, 102, 111, 116, 117, 253

Bollman-Swartwout case, 71, 175, 198, 206, 210, 230, 236, 238, 240

Bott, Miles, 173

Botts, Benjamin, 66, 89, 91, 169, 200, 201, 253

argument at Burr trial, 216–222

death of, 278

Botts, John Minor, 278

Brockenbrough, John, 73, 125, 277

Brockenbrough, Mrs. William, 247

Brown, Joseph, 109

Bruff, James, 118, 257, 258

Bruin, Judge, 163

Buchanan, John, 135, 235

Buckey, 169

Buell, Maj. Gen., 161

Burling, Walter, 115, 116

Burr, Aaron, in Albany, 9, 10

appearance of, 8, 69–70

arrest of, 28

as Attorney General of New York State, 11

bail set for, 35, 44, 91

in Battle of Long Island, 9, 10

at Bayou Pierre, 163

birth of, 8

and Blennerhassett, 157, 158, 162, 165, 168, 196–197, 202, 203,

246, 251, 252, 258, 259, 260, 280

brother-in-law of, 8, 9, 145

Bruin visited by, 163

in Charleston, S. C., 16

childhood of, 8

in Cincinnati, 20, 159

and Clay, Henry, 83, 265

at Cole’s Creek, Miss., 28

at Cumberland Island, 163

and daughter. _See_ Burr, Theodosia.

Daveiss’ accusation of, 23

Dayton as emissary to Yrujo, 272–274

death of, 285

debts of, 17

in duel with Hamilton, 14–16, 109

Dunbaugh’s testimony against, 250–251

Eaton’s testimony against, 39, 40, 41, 42, 177, 252–253

European wanderings of, 281–282

expedition planned by, 78, 80, 160

extravagance of, 147

father-in-law of, 11

forebears of, 8

in Frankfort, Ky., 21

Gaines’ testimony against, 257, 258

before Grand Jury,88 _ff._, 120 _ff._

and Wilkinson’s arrival, 102, 120

and Wilkinson meeting, 121

grandson of, 149, 150, 283

and Hamilton. _See_ Hamilton, Alexander, and Burr.

and Harrison, William Henry, 264–265

houseboats acquired by, 20, 21

indicted after duel with Hamilton, 16, 17

indicted by Grand Jury, 127, 174–175

indiscreet talk by, 159

and Jackson, Andrew. _See_ Jackson, Andrew, and Burr.

in jail after Grand Jury indictment, 127, 129, 130, 136, 138, 152, 153

good treatment of, 136–138

Jefferson’s accusation of, 25–27.

_See also_ Jefferson, Thomas, and Burr.

journey to North, after release on bail, 280–281

letter to Harrison, 264–265

letter to Wilkinson, 36–38, 111, 123, 125, 150, 151, 152, 163

letters to Theodosia, 54, 70, 77, 128, 136–137, 144, 152, 263

as lieutenant colonel, 9

at Litchfield, Conn., 8, 9

in London, 281

marriage of, to Theodosia Prevost, 10

at Marietta, Ohio, 20

Merry’s report on, 267–272, 274–275

and Mexico, 78, 80

misdemeanor trial of, “not guilty” verdict at, 248

and testimony of witnesses following Hay motion, 249–258

and view of Marshall’s decision on Hay motion, 263

Morgan’s testimony against, 183–184

mother of, 8

in Nashville, Tenn., 21, 22, 76, 80, 83, 116, 159

in New Orleans, 21, 77

in New York Assembly, 10, 11

in New York City, 10, 11, 12, 108

in New York gubernatorial campaign, 13–14

as own counsel, 41

and Pestre, de, 158

as philanderer, 9

in Pittsburgh, 20, 111

in Presidential elections, 11, 12, 50

at Princeton, 8

as prisoner of U.S. Army, 7, 28

in Quebec expedition, 9

Richmond Hill as country home of, 15, 17, 109, 147, 148

in St. Louis, 21

Senate addressed by, 17

at seventy-seven, 285

sister of, 8

at sixteen, 8

and Smith, John, 83

son-in-law of, 16, 148, 150, 151, 152

and Theodosia (daughter). _See_ Burr, Theodosia.

at thirteen, 8

treason trial of, Botts’ speech at, 216–222

Hay’s opening remarks at, 175–176

Hay’s turn after Botts, 222–225

jurymen picked for, 168–170, 172–173

Lee’s speech at, 225–226

MacRae’s opening statement for prosecution, 203–206

Marshall’s opinion on issues of, 236–241

Martin’s speech at, 226–232

“not guilty” verdict at, 241–242

Randolph’s attack on doctrine of constructive treason, 198–200

testimony of witnesses at, 176–177, 179–188, 198

Wickham’s motion proffered at, 188, 190–195, 197–198

Wirt’s accusation at, 206–215

Truxton’s friendship for, 179

Truxton’s testimony against, 178–180

uncle of, 8

in United States Senate, 11

as Vice-President of U.S., 11, 13, 17, 109, 148

and Washington, George, 9, 10

wife of, 10, 145

and Wilkinson. _See_ Wilkinson, James, and Burr.

and Williamson, 267

women’s education advocated by, 146

and Yrujo, 272, 273, 274, 275

Burr, Esther Edwards, 8

Burr, John, 8

Burr, Sally, 8

Burr, Theodosia (later Mrs. Joseph Alston), 10, 16, 129, 196, 282

birth of, 145

and Blennerhassetts, 150, 159

education of, 146–147, 148

faith in father, 149

gifts to imprisoned Blennerhassett, 171

girlhood of, 145–146

as hostess at ten, 147

and husband, affection for, 149, 150

letters from father, 54, 70, 77, 128, 136–137, 144, 152, 263

lost on ship _Patriot_, 283

marriage of, 148

Martin’s admiration for, 227

in Richmond, 153

at seventeen, 148, 150

son of, 149, 150

suitors of, 148

Byrd, William, 31

Cabell, Joseph Carrington, 64, 73

Cabell, William H., 67, 130, 133, 135, 247

Cade, Jack, 263

Calvo, de, Casa, 108

Campbell, George W., 77, 78, 84

Canning, 281

Carr, Dabney, 134

Carrington, Edward, 170, 173, 241, 242

Carrington, Eliza, 172

Carter, Mary Walker, 64

Castlereagh, 281

Cevallos, 273

Charleston, S. C., Burr in, 16

Chase, Samuel, 17, 35, 42, 51, 65, 69, 92, 223, 225, 267

_Chesapeake-Leopard_ incident, 131, 133, 134, 135

Chevallié, Mrs. Jean Auguste Marie, 173, 247

Claiborne, William C. C., 21, 82, 84, 107, 114, 116, 117, 256

Clare, de, Bago, 230

Clark, Daniel, 110, 111, 269

Clay, Henry, 83, 164, 265, 284

Clinton, DeWitt, 13, 17

Clinton family, 12, 13

Coffee, John, 80, 82, 83, 159, 162

Coke, Lord, 65, 192, 210

Coleman, Henry E., 173

Conestoga wagon, 18, 49

_Constellation_, 63, 178

Conway, Cabal, 10, 105

Cooper, Thomas Abthorpe, 141

Cresap, Maria, 92

Cresap, Michael, 92

Crouch, Jasper, 136

Cumberland Island, 163

Curd, Richard, 173

Cushing, Thomas, 112, 114

Dacre, Lord, 205, 228

Dane, Edmund P., 187, 249

Daniel, William, Jr., 74, 125

Darmstadt, Joseph, 48, 49

Daveiss, Joseph Hamilton, 22, 128

Burr accused by, 23, 83

Jefferson warned against Wilkinson by, 114

Davis, Matthew L., 10

Dayton, Jonathan, 20, 111, 125, 127, 272, 273, 274

Dearborn, Secretary, 85, 108, 114, 118, 257

Decatur, Stephen, 63

Declaration of Independence, 46, 134, 135

Dickinson, Charles, 79

du Bois, Abbé, 235

Duane, William, 13, 55, 202

Dunbaugh, Jacob, 90, 250, 251

Eagle Tavern, 7, 29, 31, 32, 133, 194, 196

Eaton, William, 36, 38, 39, 40, 42, 56, 63, 72, 169, 186

testimony of, 176, 177, 201, 204, 252–253

Edwards, Jonathan, 8, 33, 73

Edwards, Timothy, 8

Eggleston, Joseph, 71, 72, 73

Ellicott, Andrew, 107

_Enquirer, The_, 54, 55, 56, 58, 60, 84, 122, 125, 132, 141, 229,

233, 278

Erwin, Joseph, 79

Fairlee, Mary, 140, 141

Federalists, 11, 12, 13, 14, 32, 47, 48, 56, 80, 232, 246, 265

Floyd, Davis, 127, 128, 162, 164

Folch, Don Vincente, 107, 108, 118, 119

Fort, Captain, 81, 82

Fort Massac, 21, 86, 110, 163, 250

Foushee (Ritchie), Isabella, 55

Foushee, William, 55, 133, 135

Fox, Charles James, 272, 274

Frankfort, Ky., _Western World_ in, 22, 83, 113

Franklin, Benjamin, 202

Fredericksburg, Va., 7, 29

Fries case, 223, 225

Gaines, Edmund Pendleton, 28, 121, 257

Gallatin, Albert, 12, 114

Gamble, John, 133

Gamble, Mrs. Robert, 138, 233, 246

Gamble, Robert, 67, 129

Garnett, James Mercer, 73

Gates, Horatio, 10, 105

Gaunt, Elizabeth, 193, 204

_Gazette and General Advertiser_, 55, 56, 232

Giles, William B., 13, 38, 52, 63, 71

Godwin, William, 281

Graham, John, 24, 121, 159, 160, 182, 251, 252

Grainger, Gideon, 243

Grattan, Catherine, 138

Graves, Benjamin, 173

Gray House, 67, 68, 129, 138

Graybill, 100, 101

Greene, Nathanael, 104

Griffin, Cyrus, 68, 69, 167

Griffin, Leroy, 68

Hamet, Pasha of Tripoli, 39

Hamilton, Alexander, 47

and Burr, 10, 11

duel with, 14–16, 109

opinion of, 12, 14

opposed in New York gubernatorial election, 13–14

and Washington, 11

Hancock, John, 9

Harmonic Society, 246, 247

Harrison, Henry William, 264

Harrison, Thomas, 74

Harrowby, Lord, 267, 268, 269

Hay, Anthony, 33

Hay, George, 32–36 _passim_, 42, 44, 66, 74, 89, 90, 93, 94, 95,

98, 101, 102, 120, 133

and choice of jury, 167, 169, 172

opening remarks to jury, 175–176

remarks after Botts’ speech, 222–225

report to Jefferson, 243

request by, after “not guilty” verdict, 242

ultimate move of, to commit conspirators in Ohio, 249

and “Virginia Dynasty,” 280

Wilkinson appraised by, 262

Hays, Stokely D., 84

Henderson, Alexander, 251, 253

Henry, Patrick, 49, 278

Hermitage, 77, 81, 82, 83, 84

Hosack, Davis, 14, 15

House of Delegates, as scene of denominational co-operation, 235

Howe, Purley, 198

impressment, by British Navy, 131

_Intelligencer_, 55, 56

Irving, Washington, 64, 73, 93, 148, 172, 280

Burr-Wilkinson encounter described by, 121–122

on Burr’s imprisonment, 138–139

on ladies’ attitude toward Burr, 137–138

letter to Miss Fairlee, 140–141

letter to Paulding, 139

Irving, William, 64

Isham, Mary, 33, 45, 65, 174

Israel, General, 56

Iturrigary, de, José, 116

Jackson, Andrew, 53, 280

and Burr, 78, 79, 80, 160, 162, 163

defense of, 75, 87

letter from, 78–79

meeting with, in Nashville, 21, 76–77, 159

suspicions of, 82, 83, 84

and Jefferson Administration, break with, 87

letter to Campbell, 78, 84

letter to Dearborn, 85–86

Spanish policy of, 78, 80–81

in War of _1812_, 87

and Wilkinson, opinion of, 82, 86, 115

Jackson, Rachel, 77, 83, 84

Jefferies, Judge, 193, 229

Jefferson, Peter, 45

Jefferson, Thomas, 12, 13, 30, 38, 41, 43, 44, 47, 54, 80

appearance of, 45

Botts’ criticism of, 221

and Burr, 13, 22, 23, 24

accused of conspiracy, 25–27, 28, 29, 52, 111

Graham assigned to pick up trail of, 159

Hay’s report on trial of, 243

zeal to win conviction against, 101–102

death of, 278

Declaration of Independence authored by, 46

elected President, 11

Florida’s acquisition sought by, 19–20, 78

on Graybill letter, 100–101

and Jackson, excoriation by, 75

loyalty of, 84

offer of services by, 81

on _Leopard-Chesapeake_ incident, 132

letter to Giles, 52–53

letter from Hay, 262

letters from Wilkinson, 112–114, 115, 116, 121, 123–124, 125, 248

and Marshall, 44, 45, 49, 50, 52, 53, 244, 278

reply to, on subpoena, 98–100, 102

subpoena issued by, 97, 102

Martin’s comments on, 255, 256

Merry’s informal reception of, 266

“Notes on Virginia” by, 92

proclamation broadcast throughout West, 25, 163

retirement of, 278

during Revolution, 46

Wilkinson as protégé of, 107, 108, 109, 118, 126

Wilkinson cautioned against wholesale arrests, 117–118

Wirt introduced to, 67

Jeffersonians, 10, 20, 25, 32, 34, 47, 72, 73

Jones, Shelton, 135

Jumel, widow, 285

Kentucky, separatist movement in, 19

King, Rufus, 266

_La Vengeance_, 63, 178

Lamb, Charles, 281

Lambert, David, 173

Latrobe, Benjamin H., 67, 129

Lee, Charles, 174

speech at Burr trial, 225–226

Lee, Henry (Light Horse Harry), 72

_Leopard-Chesapeake_ incident, 131, 133, 134, 135

Lewis, Morgan, 13, 14

_Life of Washington_, Marshall’s, 59

Lindsay, Chandler, 250

_L’Insurgente_, 63, 178

Lisle, Alice, 193, 204, 229

Litchfield, Conn., Burr at, 8

Livingston family, 12, 13

Long Island, Battle of, 9, 10

Louisiana Purchase, 19, 78, 107

Love, Peter, 185, 186

Lyon, Peter, 173

McCaleb, Walter Flavius, 285

MacDonald, Flora, 193

McDowell, James, 249

McKean, Thomas, 272

MacRae, Alexander, 68, 97, 98, 167, 222, 249, 255, 280, 282

opening statement for prosecution, 203–206

Madison, James, 49, 53, 87, 101, 114, 243, 266

Marietta, Ohio, 155, 158, 159, 161, 186, 247, 284

Marshall, Humphrey, 22

Marshall, John, 22, 32, 35, 42, 68, 69, 90, 94, 96, 129, 130, 167, 169

appearance of 34, 45, 70

at Barbecue Club, 135–136

Bollman-Swartwout case clarified by, 236–238, 240

as Federalist, 47

final opinion on testimony in Burr hearings, 261–262

house of, 277

and Jefferson. _See_ Jefferson, Thomas, and Marshall.

_Life of Washington_ by, 59

and Marbury-Madison case, 51

marriage of, 46

named as Chief Justice, 48

opinion on commitment for treason, 43–44

opinion on Eaton’s testimony, 176

opinion on issues of Burr trial, 236–241

Ritchie’s attack on, 59–61

ruling on “not guilty” verdict in Burr trial, 242

as Secretary of State, 48

and Wickham, John, 58, 60

Wirt complimented by, 215

Marshall, Thomas, 45

Martin, Luther, 88, 91, 92, 95, 100, 123, 129, 130, 167, 196, 200,

225, 242, 246, 255, 280

argument at Burr trial, 226–232, 233

Blennerhassett visited by, 233–234

deterioration of, 283

Jefferson attacked by, 255, 256

Mason, George, 49

Massachusetts colony, 8

Mayo, Maria, 279

Mayo, William, 31

Mead, David, 165

Meade, Cowles, 163, 164

Meigs, Return Jonathan, 161

Mercer, Hugh, 173

Mercer, John, 64, 74

Merry, Anthony, 266

report on Burr, 267–272, 274–275

Mexican Association, 21

Mexico, 78, 80, 116, 179, 181, 186, 261, 262, 272

Wilkinson’s comment on, 109

Wilkinson’s retirement in, 279

Miller, Israel, 198, 249

Mills, Robert, 276, 277

Miro, Esteban, 106, 119

Monmouth, Battle of, 10

Monmouth’s Rebellion, 192–193

Monroe, James, 124, 280

Montesquieu, quoted by Randolph, 198

Montgomery, General, 9

Monticello, Va., 96, 243, 278

Montpelier, 243

Moore, Tom, 34, 198

Morgan, George, 183, 184

Morgan, John, 183

Morgan, Thomas, 184

Morrison, Hamilton, 172

Moss, John, 196

Moxley, Samuel, 250

Mulgrave, Lord, 269, 270

Mulholland, John, 250

Nashville, Burr in, 21, 76–77, 80, 83, 116, 159

_National Intelligencer_, 55, 56

Neville, General, 184

New Orleans, 82

Burr in, 21, 77

Wilkinson in, 116–117, 118

New York _American Citizen_, 13

New York City, Burr in, 10, 11, 12, 108

Tammany Society in, 11

Washington in, 9

Newark, N. J., Burr born in, 8

Nicholas, Wilson Cary, 70, 71

Nicholson, Joseph H., 120, 123, 124

Ogden, Peter, 111, 116, 127

Ogilvie, James, 65, 66

Ohio _Gazette_, 158

Overton, John, 80

Parker, Richard E., 173, 185, 242

_Patriot, The_, 283

Paulding, James K., 64, 139

Pegram, Edward, 74

Pendleton, Nathaniel, 14, 15

Perkins, Nicholas, 7, 28, 29, 32, 35

Pestre, de, Julien, 158

Phelps, Hugh, 160, 162

Pinckney, Charles, 150

Pinckney, Cotesworth, 50

Pitt, William, 270, 272, 274

Pleasants, James, 73

Poole, Simeon, 187

Prevost, Judge, 257, 259

Prevost, Theodosia Bartow, 10, 145

Princeton University, 8, 91, 285

Putnam, General, 9

Quebec, Burr in expedition against, 9

“Querist,” 158, 159, 160, 247, 251

Randolph, Edmund, 32, 33, 34, 41, 65, 66, 89, 90, 167, 171

on common sense, 199, 200

on constructive treason, doctrine of, 198–200

death of, 278

Randolph, John, 25, 65, 72, 73, 74, 120, 123, 184

Wilkinson denounced by, 124–125

Randolph, Mrs. David, 57, 260

Randolph, Peyton, 133, 170

Randolph, William, 33, 45, 65, 174

Rayden, 205

Read, Captain, 84

Reeve, Tapping, 8, 9, 145

Republicans, 12, 13, 14, 17, 20, 22, 47, 48, 51, 87, 109, 280

Richmond, Va., 7, 29, 30–31, 33, 57, 141 196

growing prosperity of, 276

indignation in, at _Leopard-Chesapeake_ incident, 132–133

July 4 celebrated in, 134–135

penitentiary in, 129, 130

subpoena issued to Jefferson in Federal Courthouse of, 102

Richmond Hill, 15, 17, 109, 147, 148

Ritchie, Archibald, 54

Ritchie (Foushee), Isabella, 55

Ritchie, Thomas, 54, 55, 57–61 _passim_, 122, 125, 133, 229

Burr-Wilkinson encounter described by, 122

Roane, Mary, 54

Roane, Spencer, 52, 54, 133, 278

Roberts, Judge, 184

Robertson, David, 65, 193, 194, 215, 222

Rodney, Caesar, 32, 42, 53, 66, 118

Saint-Mémin, de, Charles Balthazer Julien Ferret, 142, 143

St. Simon’s Island, Ga., 16

_Salmagundi_, 64, 139

Schuyler, General, 11

Scott, Joseph, 32

Scott, Winfield, 65, 70, 133–134, 279

Shaw, Commodore, 257

Shephard, Alexander, 74

Sheppard, James, 173

Sheppard, John M., 173

Shockoe Hill, 57, 68, 74, 141, 196, 277

Smith, Israel, 127, 128

Smith, John, 20, 83, 127, 264

Society of the Cincinnati, 14

Spanish Plot, 19, 106

Storrs, Jervis, 169, 170

Stuart, John, 68

Sully, Thomas, 31

Swan Tavern, 31, 129, 196

Swartwout, John, 16, 82, 111

Swartwout, Samuel, 16, 38, 71, 101, 111, 112, 116, 117, 123, 127,

175, 253, 254, 261, 280

Tammany Society, 11

Taylor, Peter, 90, 180, 185, 197, 204

Taylor, Robert Barraud, 74

Tazewell, Littleton Waller, 73, 74

Tennessee, separatist movement in, 19

Throgmorton, Nicholas, 192, 229

Tiffin, Edwin, 27, 160, 161

Tilghman, Judge, 184

Tripoli, 177, 178

Truxton, Thomas, 63, 178

testimony of, 179–180, 201

Tucker, George, 60, 61

Tucker, St. George, 192

Tupper, Edward, 184, 185

Tyler, Comfort, 117, 127, 128, 160, 161, 164, 198, 214, 217

United States population (1800), 18

Valentine Museum, 276

Valley Forge, 10

Van Ness, William P., 14, 15

Vanderlyn, John, 64

_Vindication of the Rights of Women_, 146

Virginia, 45, 62

alarm in, over slave uprising, 56

“Virginia dynasty,” 67

_Virginia Gazette and Daily Advertiser_, 125, 261

Wallis, John, 230

War of _1812_, 87, 121, 279

Washington, George, 46, 47, 64

and Burr, 9, 10

Conway Cabal against, 10, 105

and Hamilton, 11

and Wilkinson, 106, 107

Washita lands, 27, 78, 185, 249, 250, 252, 262

Wayne, Anthony, 106, 107

Welch, Stephen S., 250

_Western World_, 22, 83, 113

Whiskey Rebellion, 206, 228

White House of Confederacy, 277

Wickham, Eliza, 55, 57

Wickham, John, 32, 34, 41, 44, 57–60 _passim_, 66, 89, 95, 167, 254

house built by, 276

motion proffered by, 188

defense of, 190–195, 197–198

Wickham, William, 66

Wilkinson, Ann, 105, 109

Wilkinson, James, 27, 38, 40, 42, 53, 62

and Bollman, 101, 116

Bruff’s accusation against, 118, 257, 258

and Burling, 115, 116

and Burr, 21, 23, 26, 28, 29, 41, 98, 170, 179

betrayal of, 112, 119, 163

first meeting with, 104

friendship with, 109, 110, 111

at Grand Jury hearing with, 102, 120–126

letter from, 36–38, 111, 123, 125, 150, 151, 152, 163

testimony at trial of, 253–254, 256, 257

visits to, 108, 109

Claiborne warned by, 115

in Conway Cabal, 105

extravagance of, 105, 106

Folch’s exoneration of, 118–119

Jackson’s view of, 82, 86

Jefferson’s support of, 107, 108, 109, 118, 126

letters to Jefferson, 112–114, 115, 116, 121, 123–124, 125, 248

in Louisiana Purchase ceremonies, 107

MacRae’s praise of, 203–204

marriage of, 105

military career of, 104 _ff._

in New Orleans, 116–117, 118

as “Number Thirteen,” 106

Randolph’s view of, 124–125

retirement of, 279

son of, 108, 109, 121

Spanish payments to, 108

in Spanish Plot, 106

Swartwout’s encounter with, 261

in War of _1812_, 279

in Washington, 108, 109

and Washington, George, 106, 107

William and Mary College, 33, 74

Williamson, Colonel, 267, 268

Willie, Charles, 158

Wilmer, George, 67

Wilson, Woodrow, 285

Winthrop, John, 8

Wirt, William, 68, 89, 95, 96, 130, 133, 134, 167, 187, 200, 251, 255

appearance of, 66

as author, 278

Burr accused by, 206–215

Burr-Blennerhassett relationship portrayed by, 211–214

career of, 67, 278

on Marshall’s integrity, 243

as U.S. Attorney General, 278

Wythe defended by, 67–68

Woodbridge, Dudley, 154, 158, 161, 285

testimony of, 186–187

Woolstonecraft, Mary, 146

Wythe, George, 45, 67, 93

Yrujo, de Casa, 266, 272, 273, 275

$5.00

SHOUT TREASON

_The Trial of Aaron Burr_

_by_

FRANCIS F. BEIRNE

In 1807, Aaron Burr, former Vice-President of the United States and

an eminent if controversial political figure, was tried for treason

in Richmond, Virginia. He was accused, by no less a personage than

President Thomas Jefferson, of plotting to separate the states beyond

the Alleghenies, conquer Mexico, and establish an empire in the West.

Presiding over the Federal Court of Appeals was Chief Justice John

Marshall, ardent Federalist and foe of Jeffersonian Republicanism. The

trial of Aaron Burr reflected the bitter feud between these historic

political factions; his acquittal was a victory for John Marshall in

his opposition to the President tempered--at least from the defendant’s

point of view--by the jury’s equivocal verdict of “not proven guilty.”

[Illustration: FRANCIS F. BEIRNE is a resident of Baltimore, editorial

writer for the well-known _Sun_ papers, and under the pen name of

Christopher Billopp writes a column for the _Baltimore Evening Sun_.

He is, however, a native of Virginia, a graduate of the University of

Virginia, and was a Rhodes Scholar to Oxford University, 1911–1914.

Other books by Francis Beirne include _The War of 1812_, _The Amiable

Baltimoreans_ and the commentary for _Baltimore, A Picture History_.]

Francis Beirne has captured in this absorbing book the drama of the

trial itself, the undercurrents of personal and political rivalries,

and the color and atmosphere of the capital of Virginia during that

summer, 150 years ago, when the eyes of the nation were turned upon

it. A glittering array of personalities was brought to Richmond by

the trial, among them John Randolph of Roanoke, Andrew Jackson,

General James Wilkinson, Washington Irving, Winfield Scott, and Burr’s

beautiful daughter, Theodosia. As compelling as any is the profile of

Aaron Burr himself, brilliant, resourceful (he acted frequently in his

own defense), but also somewhat mysterious and erratic--a fascinating

character in the nation’s history.

_Hastings House Publishers_

_New York 22_

Transcriber’s Notes

Punctuation and spelling were made consistent when a predominant

preference was found in this book; otherwise they were not changed.

Simple typographical errors were corrected; occasional unbalanced

quotation marks retained.

Ambiguous hyphens at the ends of lines were retained; occurrences of

inconsistent hyphenation have not been changed.

The Plain Text version of this eBook omits indications of a

non-descript decorative headpiece at the top of each chapter and other

major sections of the original book.

Index not checked for proper alphabetization or correct page references.

Page 172: “Tuesday, August 11,” was misprinted as “Thursday”.