On Saturday, March 2, 1805, at the close of the administration,
Vice-President Burr took formal leave of the United States Senate. The
Washington Federalist referring to his farewell address, declared it "*
* * the most dignified, sublime and impressive ever uttered. * * * The
whole Senate was in tears and so unmanned that it was half an hour
before they could recover themselves sufficiently to come to order and
choose a vice-president pro tem."
Yet his great abilities were marred by an instinct for traitorous
intrigue and an unconscionable untrustworthiness which made his life a
failure.
Upon retirement, he felt forced to shift his residence and at the
suggestion of his friend, General James Wilkinson, a man much more
dangerous and less trustworthy than Burr and at the time chief officer
of the United States Army, he traveled westward with the presumed intent
of establishing his domicile at Nashville.
Many who know Wilkinson's secret history, now believe that even then he
had instigated Burr to the adoption of his traitorous plot to drive
Spain from North America and establish a great empire; which in due
course was to take over the Western Country and if expedient, by force
of arms, would then spread its dominion eastward to the Atlantic.
On April 10, Burr left Philadelphia for Pittsburgh, where he arrived on
the 29th, and the next day purchasing an ark or house boat, left for
Kentucky.
As illustrating the purchasing power of the dollar in those days, the
ark, which was sixty feet long, fourteen wide and had four rooms or
compartments with glass windows, cost one hundred and thirty-three
dollars.
Fourteen miles below Marietta the boat tied up at Blannerhassett's
Island; and it was then he made the acquaintance of Colonel
Blannerhassett and his very charming wife, who was the daughter of
Governor Agnew of the Isle of Mann and the granddaughter of General
Agnew, who had been killed at Germantown.
At Cincinnati he was the guest over-night of John Smith, United States
Senator from Ohio and at his home met an old friend, Jonathan Dayton.
These men with Blannerhassett became partners in his designs and were
indicted and arrested when the details of the Burr conspiracy became
public property.
Upon Burr's arrival at Louisville, he instructed his boatmen to float
down the river and await him at the mouth of the Cumberland, and rode
through to Nashville on horseback.
There he remained four days, the distinguished guest of General Jackson;
then in a small boat was paddled to the mouth of the Cumberland, where
he re-embarked in his ark and floated down to Fort Massic. At Fort
Massic he and Wilkinson perfected plans incident to the conspiracy. When
he left it was in Wilkinson's own barge and in a style more befitting
the head of a proposed scheme of conquest. He traveled to New Orleans in
"an elegant barge, sails, colors and ten oars, with a sergeant and ten
able and faithful hands;" bearing letters of introduction to Wilkinson's
friends, by whom he was received with great honor and entertained in a
most lavish style. The letter of introduction to Mr. Clark read:
"My Dear Sir:
"This will be delivered to you by Colonel Burr, whose worth you know
well how to estimate. If the persecution of a great and honorable man
can give title to generous attentions he has claim to all your
civilities and all your services. You can not oblige me more than by
such conduct; and I pledge my life to you it will not be misapplied.
"To him I refer you to many things _improper for letter_ and which he
will not say to any other. I shall be at St. Louis in two weeks and if
you were there we could open a gold mine, a commercial one at least. Let
me hear from you. Farewell, do well, and believe me always your friend."
Colonel Burr's engagements, social and otherwise, kept him three weeks
in New Orleans. He then returned to Nashville, traveling horseback
through the wilderness, where he arrived on August 6th. After a few
days' rest he visited Louisville and other Kentucky towns, then went to
St. Louis to talk over matters with General Wilkinson.
In October he returned to Philadelphia, where he spent the greater part
of the winter soliciting funds to finance his designs.
In August, 1806, with plans matured and money to finance them, he came
to Pittsburgh, accompanied by his daughter and Colonel Dupiester. While
there he confided his plans to Colonel Morgan, of Washington County, who
as a patriot felt bound to give the information to President Jefferson.
This was probably the first notice the government had of Burr's
conspiracy. Here he also met Comfort Taylor and arranged for recruiting
men and building and outfitting several barges for the expedition; and
as he voyaged down the Ohio made similar arrangements with
Blannerhassett, Floyd Smith, of Indiana Territory, and others.
Upon his arrival in Kentucky every thing seemed propitious. Recruits in
plenty offered their services and many prominent men, among them General
Adair, though not openly joining in, favored his scheme.
At Nashville he arranged with General Jackson to build and equip several
barges and gave him four thousand dollars to be applied to the purpose.
In October, The Western World, a Frankfort newspaper, made attacks on
Innes and Sebastian, the one United States Judge for the District of
Kentucky and the other a judge of the Court of Appeals of Kentucky,
charging their connection with the old Spanish Conspiracy and their
effort to renew it. In an uncertain and confused way they connected Burr
with the conspiracy and charged that the three, with others, were
traitors to the United States government. The articles created
considerable excitement and led Joseph H. Daviess, then the United
States District Attorney for Kentucky, to investigate Burr's purpose and
the cause of his extensive and repeated visits to Kentucky.
Learning his intent, he sent warning to President Jefferson; and on
November 3rd, in the United States Court at Frankfort, made motion and
application for his apprehension supported by his affidavit charging him
with recruiting men with the design to attack the Spanish dominions and
thereby endanger the peace of the United States.
Judge Innes denied the motion as unprecedented and illegal.
In the papers of Fleming Campbell, a descendant of Rev. Calvin Campbell,
was found a letter written by him to his wife, Dorothy, giving a
detailed account of Burr's trial at Frankfort; and as when possible, it
is always better to have an account from an eye witness the author has
seen fit to quote at length from that letter.
"* * * As only at infrequent intervals, can a messenger be found to bear
my letters to you, you will readily understand why they are occasionally
continued as a diary from day to day over a considerable period. This
time I have more important and as I believe more interesting news than
usual.
"As you know, I came to Frankfort the first of November to attend the
United States Court in reference to our church property case; and since
coming have been subpoenaed as a witness in the case of the United
States against Burr; though that trial is now finished, I am forced to
remain as a witness before the committee of the Legislature
investigating the charges preferred against Judge Sebastian, who is
declared to have been a pensioner of Spain for years. It seems as though
the old Spanish Conspiracy follows me like a shadow. In the meanwhile I
am conducting a series of meetings in the Presbyterian Church which are
well attended and which the people are kind enough to say are bearing
fruit for the Master. This first page of my letter was in fact the last
written--chronologically, now begins the first page.
"I have today for the first time seen Colonel Burr and at his best--in
action, pretending to address Judge Innes, but in fact talking to the
benches. To me he appears the most perfect model of the fashionable
gentleman. When he speaks it is with animation, apparent frankness and
guilelessness; yet something inside warns against him, saying: 'Beware,
that is not the man. The real man is reserved, secretive, inscrutable.'
His face to me gives the same warning. At first blush it pleases, but
upon closer scrutiny lines are seen which suggest that he would toss the
settled things of life about as the wind scatters dried leaves.
"I may be prejudiced because I know he has been associating with
Wilkinson, whom no man can touch without contamination unless the fear
of God is in his heart. He is said to be a friend of Wilkinson, but
Wilkinson knows no friends. Burr is a more gifted man than he, but has
not his satanic poise and patience. Burr suggests a general who would
cut himself off from his base and risk all in one fierce attack.
"The Court having denied Mr. Daviess' motion to apprehend Colonel Burr,
the latter was under no obligation to answer, yet he presented himself
and demanded a trial, declaring his innocence.
"Pleased at the great audience, which from curiosity and excitement had
gathered, though he faced the court, he talked to the benches; and the
judge perceiving his purpose became an accomplice to it, by leaving the
bench and taking a seat in the jury box, so that while talking to him he
faced the crowd. He closed by saying: 'Your Honor has treated the
application as it deserved, but it may be renewed by Mr. Daviess in my
absence; therefore, voluntarily I have appeared and demand a speedy
trial upon the charge.'
"Burr misread Daviess if he believed such tactics would intimidate or
embarrass him. He arose and in turn--and I believe for the first time in
the discharge of his duties--seemed to talk to the benches; and the
court perceiving it, moved his seat from the jury box to the bench--but
Daviess continuing to face the audience, made a Federalist speech in
support of the Union and the constitution and revealed at some length
the conspiracy of Burr and his followers. What he said pleased me
greatly and was not without effect upon the audience, though the
majority were Democrats and in sympathy with Burr. He announced: 'I am
ready to proceed as soon as the attendance of the government's witnesses
can be procured.' The Court asked him to fix a day and conferring with
the United States marshal he named the following Wednesday, which,
proving satisfactory to Colonel Burr, was named for the hearing.
"Burr, until Wednesday, appeared to pass the time in easy tranquillity.
On Wednesday, the court room was filled to suffocation. Mr. Daviess,
calling his witnesses, discovered that Davis Floyd, the most important
one, was absent; but Judge Innes, who, all the while, has shown
partiality for the accused, discharged the grand jury.
"Colonel Burr, accompanied by his counsel, Henry Clay and Col. Allen,
came forward, expressed regret that the grand jury had been discharged
and asked the reason.
"(Daviess) 'The Government's witness, Davis Floyd, is a member of the
Indiana Territorial Legislature and as it is in session he cannot
attend.'
"(Burr) 'Will the Court have noted of record the reason for
postponement.' Then bowing to the Court, he addressed the audience upon
the subject of the accusation and with such power, fervor and air of
injured innocence, that the majority present looked upon Daviess as a
persecutor for political reasons. Burr said: 'I assure you good people
of Kentucky of my innocence and beg you will dismiss your apprehension
of danger from me, if such you have. I am a man of peace and feel hurt
that your able district attorney is striving so zealously to connect me
with schemes and rumors of war. I am engaged in no enterprise that can
endanger the peace or tranquillity of our country as you will most
certainly learn, when the district attorney shall be ready, which I
surmise will never be. Though pressing business demands my presence
elsewhere, I feel compelled to give your zealous official one more
opportunity of proving his charge; or acknowledging my innocence and
admitting that it is persecution.'
"Nevertheless, watching Burr day by day, I notice he is slowly losing
his tranquillity; even his face, when at rest, has a nervous expression.
"I learn that he has sought to engage my friend, John Rowan, as one of
his counsel; but Mr. Rowan declined, saying: 'My position as a
congressman-elect precludes the employment, as the charge involves
fidelity to the Government.'
"This reason did not satisfy Burr, who offered him a thousand dollars
(what I earn in three years by preaching) and began arguing against his
objection; but Mr. Rowan interrupted him: 'Pardon me, Colonel Burr, but
I have been taught from earliest childhood not to reason on subjects
which my conscience in the first instance condemns.'
"Rumor of this conversation reached Mr. Clay, who was also a
member-elect of Congress, and he came to Mr. Rowan asking advice as to
his employment. Rowan advised: 'Since you have already appeared as
counsel, I think you should continue; that is, if your client will give
you written assurance of his innocence.'
"At Mr. Clay's request Colonel Burr, on December 1, gave him this
statement: '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 have neither published a line on this subject nor has any
one through my agency or with my knowledge. I have no design to
intermeddle with the government, or to disturb the tranquillity of the
United States, nor of its territories, or any part of them. I have
neither issued nor signed, nor promised a commission to any person for
any purpose. I do not own a musket or bayonet or any single article of
military stores nor does any person for me by my authority or my
knowledge. My views have been explained to and approved by several of
the principal officers of the government and I believe are well
understood by the administration and seen by it with complacency; they
are such as every man of honor and every good citizen must approve.
Considering the high station you now fill in our national councils, I
have thought these explanations proper, as well as to counteract the
chimerical tales, which malevolent persons have industriously
circulated, as to satisfy you that you have not espoused the cause of a
man in any way unfriendly to the laws, the government or the interests
of his country.'
"This statement Burr gave without hesitancy, though his guilt is now
established. Some months prior to giving it, on July 29th, he wrote
General Wilkinson:
"'I have obtained funds and have actually commenced the enterprise.
Detachments from different points and on different pretences, will
rendezvous on the Ohio on the 1st of November. Everything internal and
external favors views * * * Already are orders given to contractors to
forward six months' provisions to point Wilkinson may name. The project
is brought to the point so long desired. Burr guarantees the result with
his life and honor and with the lives and fortunes of hundreds--the best
blood of the country. Wilkinson shall be second only to Burr. Wilkinson
shall dictate the rank of his officers. Burr's plan of operations is to
move down rapidly from the falls by the 15th of November, with the first
five or ten hundred men, in light boats now constructing, to be at
Natches between the 5th and 15th of December, there to meet Wilkinson;
there to determine whether it will be expedient in the first instance to
seize on or pass by Baton-Rogue.'
"On the 25th of November Mr. Daviess announced to the Court that he
could have Davis Floyd present on December 2nd and asked that a second
grand jury be empaneled for that date; which was done.
"But on the 2nd Mr. Daviess was again forced to ask a postponement
because of the absence of John Adair; though he asked that the grand
jury be retained until he could enforce Adair's attendance by
attachment.
"This occasioned a lively and prolonged argument between Burr's counsel
and Daviess, to which all the overcrowded court room listened with
marked attention.
"Clay had the sympathy of the majority of the audience. The proposed
expedition and its leader were popular. Clay was a Democrat. Daviess was
a Federalist, a decidedly minority party in Kentucky. The people
believed in the innocence of the smiling and composed Burr. The judge
was with him and refused to retain the grand jury after the disposition
of pending business. It was up to Daviess to make business until Adair
could be found. He asked an attachment for him, which the Court denied,
holding he was not in contempt until the end of the day's session. He
drafted an indictment charging Adair with complicity in the Burr
conspiracy; but the grand jury returned it, 'not a true bill.' As it was
late, Daviess asked for and procured an adjournment until the next day.
"When the court reassembled, Daviess asked, as prosecuter, to go before
the grand jury to examine his witnesses so they would understand and be
able to piece together the detached evidence constituting the
conspiracy. The request was resisted by counsel for Burr and refused by
the court, though the judge himself had suggested it the evening before.
"The grand jury at the close of the hearing returned the indictment
submitted against Col. Burr, 'Not a true bill'--and further declared in
their report, that the evidence submitted completely exonerated him from
any designs against the peace and dignity of the United States.
"Burr's acquittal was celebrated by a great ball given by his friends;
and was followed by another given in honor of the defeated district
attorney--and privately, I felt very much inclined to attend the Daviess
ball; and if I had, would have been tempted to dance, as I was at my own
wedding to my Dear Dorothy.
"On November 27th the President by proclamation denounced the Burr
enterprise and warned the people of the Western country against
participation in it.
"In the meantime preparations for the enterprise continued until the
arrival of the proclamation, which in conjunction with the efforts of
Mr. Graham, the government's special agent, effectively scotched it.
"The way this came about, Blannerhassett, under the impression that
Graham was a friend of Col. Burr, disclosed the details of the
expedition. Graham informed Blannerhassett to the contrary and sought to
persuade him from participation, but without avail; then he proceeded to
Chillicothe, where the Ohio legislature was in session and interviewed
Governor Tiffin. The governor sent a message to the legislature and that
body, in secret session, passed an act to suppress the expedition.
Thereupon the Ohio authorities seized the boats and provisions on the
Ohio shore and the Ohio recruits abandoned the expedition.
"Graham then hastened to Kentucky, where the legislature, then in
session, passed a similar law; and orders were given to apprehend all
boats in Kentucky waters. Several days before Graham's arrival, Burr had
departed for Nashville.
"Graham, following after him, induced the governor of Tennessee to order
all boats in Tennessee waters seized and all persons implicated
arrested. Burr and his confederates were informed and made their escape
in two small boats, paddling to the mouth of the Cumberland.
"There they joined the remnant of the great flotilla, eleven boats and
sixty men and proceeded down the Ohio to the Mississippi and down that
stream towards the trap which Wilkinson had prepared for his former
co-conspirator.
"Wilkinson had always been a careful and calculating conspirator;
disregarding all connections and shifting about as self interest
dictated. He was the servant of the highest bidder and in the Burr
conspiracy doubtless the instigator; as also the first to recognize that
the scheme was chimerical. Soon learning the real Kentucky spirit, he
made up his mind to abandon Burr and at the first opportunity
traitorously disclosed the plans to President Jefferson; and towards the
end did everything in his power to frustrate Burr's designs.
"When Burr, visiting Wilkinson in St. Louis, spoke of discontent in
Kentucky, he replied: 'If you have not profited more by your journey in
other respects than this, you would better have staid in Washington. The
Western people dissatisfied to the government! They are bigoted to
Jefferson and Democracy.'
"When the enterprise collapsed, Wilkinson, like many others who had been
loudest in Burr's praise and deepest in his schemes, was now the loudest
in denouncing the conspiracy and the most zealous with suggestions to
apprehend him.
"I understand that Burr, blaming its failure upon Wilkinson, denounced
him: 'As to any prospects which may have been formed between General
Wilkinson and myself heretofore; they are now completely frustrated by
his perfidious conduct, and the world must pronounce him a perfidious
villain. If I am sacrificed my portfolio will prove him to be such.'
"One can readily understand why his expedition appealed to a great many
Kentuckians. The people are hardy and adventurous. There are yet many
among us who lived through the most heroic era of our history; and the
younger generation, fired by their tales, are ready for any adventurous
enterprise. Spain is an old enemy, the State is growing rapidly, many
feel crowded if they live within sight of a neighbor; the enterprise
offered great opportunities for adventure, for a new pioneer life; and
land was to be had for the taking.
"Even the longest letter must have an ending, and I have found a friend
going to Powell's Valley, who has promised to deliver mine. I shall come
home in January. My heart bleeds because I will not be able to spend
Christmas with you and the boy. I feel I have no home, but my Master had
not a place to lay his head, nor a wife and son. I pray daily for your
safety and good health. The Lord bless and keep both of you.
"Your husband,
"Calvin."
The Kentucky Legislature was petitioned in December, 1806, to make
inquiry into the conduct of Judge Sebastian, a member of the Court of
Appeals, as an intriguer with Spain in an effort to bring about
Kentucky's secession from the Union. In an effort to stifle the inquiry,
Sebastian resigned, but the inquiry continued. Evidence submitted,
including his confession, disclosed that he had been a pensioner of
Spain for many years, receiving $2,000.00 per annum. Many believed Judge
Innes implicated; and at the session of the succeeding legislature, a
resolution was passed recommending that Congress inquire into his
conduct, as being United States judge for the district of Kentucky it
was beyond the province of Kentucky authority. This was done and
resulted in his acquittal.
The disclosures of the Sebastian investigation, and the Burr conspiracy,
resulted in a renewal by the Atlantic states of the old and oft-repeated
charge that Kentucky was disloyal to the Union. The people of Kentucky
resented the charge.
A great mass meeting was held in Lexington when the people of the State
understood the charges made by the eastern states. After a patriotic
speech by Rev. Calvin Campbell, which Henry Clay declared the smoothest
argument he had ever heard in support of centralized power against state
rights, the meeting unanimously adopted a resolution:
"* * * That all charges or insinuations against the people of this State
of disaffection to the Union or Government of the United States are
gross misapprehensions and without foundation." This resolution was
published in the Palladium on January 7, 1807.
----
On January 14, 1807, Burr, a fugitive in the then great Southwest
Wilderness, was apprehended on the Tombigbee river by Captain Gaines, of
the United States army, and carried to Richmond for trial.