A separation of the South American provinces from the government of
Spain had long been anticipated. As early as the year 1796, while John
Jay was governor, Colonel Burr had various conversations with him on
the subject of these provinces. In these conversations Colonel Burr
expressed his views in reference to South America, which, he said, he
could revolutionize and take possession of. Governor Jay replied that
the boldness of the project would contribute to its success;
expressing his opinion that it was not impracticable. From this period
until 1805, Mr. Burr's mind seemed to have been constantly engaged in
reflecting on the feasibility of the measure, and the proper period
for carrying it into operation.
As matter of history connected with this subject, but not generally
known, it may not be improper to refer to an occurrence as early as
the year 1797, 98. About this period General Miranda was in the United
States. He formed an acquaintance with Generals Hamilton, Knox, and
other distinguished Americans. To these gentlemen he communicated his
project of revolutionizing South America. From the United States he
proceeded to England, and presented himself to the British ministry.
They entered into his views. The proposition was, that the United
States should furnish ten thousand troops, and, in that event, the
British government agreed to supply the necessary funds and ships to
carry on an expedition. As soon as Miranda had completed his
arrangements with the British minister, he addressed a letter to
General Alexander Hamilton, dated April 6th, 1798, in which he
says:----
"This, my dear and respectable friend, will be handed to you by my
countryman Don -----, who is charged with despatches of the highest
importance for the President of the United States. He will tell you,
_confidentially_, all that you wish to know on this subject. It
appears that the moment of our emancipation approaches, and the
establishment of liberty on all the continent of the New World is
confided by Providence to us. The only danger which I foresee is the
introduction of French principles, which would poison our liberty in
its cradle, and would finish by destroying yours."
So far did these arrangements advance, that Miranda again wrote
General Hamilton, under date of the 19th of October, 1798:----
"Your wishes are, in some sort, already accomplished, seeing that it
has been agreed here on one side not to employ in the operations on
land English troops; seeing that the auxiliary land forces are to be
exclusively American, while the naval force shall be purely English.
Every thing is smooth, and we wait only for the fiat of your
illustrious president to depart like lightning."
On the same day (October 19th) General Miranda wrote General Knox as
follows:----
"I cannot express to you, my dear general, with what pleasure I heard
of your nomination [1] in the continental army of the United States of
America. It would appear that your _wishes_ are at length
_accomplished_, and that every possible circumstance is united, at
this moment, in our favour. Would to God that Providence would endow
us with sufficient wisdom to make the most advantageous use of these
circumstances."
At this time Mr. Adams, senior, was president of the United States,
and declined entering into the arrangement. It is believed that no
reply was made to the letter addressed to the president. Two questions
here present themselves to the inquiring mind.
Was there any connexion between this plan of Miranda for the invasion
of Mexico, and the raising of an army in the year 1798, under the
pretext of resisting an attack upon this country by France?
Was the policy adopted by President Adams on that occasion any way
connected with the imbittered warfare which subsequently ensued
between Mr. Adams and Mr. Hamilton? These are questions for the
consideration of speculative politicians, but not for discussion in
this place.
It has been seen that Mr. Burr was actively engaged during the years
1805 and 1806 in traversing the western country. In his latter days
Colonel Burr had no longer any motive for concealment; nor did he
evince the least desire to suppress the facts in relation to any of
his acts, even where the promulgation of those facts was calculated to
affect his moral character. According to his representations, repeated
at a time and under circumstances the most solemn [2] and impressive,
his views were twofold: viz., _First_. The revolutionizing of Mexico;
and, _Second_, A settlement on what was known as the Bastrop lands.
Burr, from early manhood, had a turn for speculation, and frequently
entered into large contracts for the purchase and sale of lands.
At this period (1806) the difficulties with Spain in relation to the
Mississippi and the right of deposite at New-Orleans created an
opinion that a Spanish war was inevitable. Such a war would have been
popular with the western people. Of these opinions and these feelings
Burr took advantage, and undoubtedly, by innuendoes or otherwise,
induced some to believe that his arrangements for the invasion of
Mexico were with the knowledge, if not the approbation of the
government.
Previous to the cession of Louisiana to the United States, Baron P.N.
Tut Bastrop contracted with the Spanish government for a tract of land
exceeding thirty miles square near Nachitoches. By the terms of the
contract he was, within a given period of time, to settle upon these
lands two hundred families. Subsequently Colonel Charles Lynch made an
arrangement with Bastrop for an interest in this contract. Burr
purchased from Lynch nearly four hundred thousand acres, and
Nachitoches. On the trial at Richmond this purchase was established,
and the actual payment to Lynch by Burr of five thousand dollars was
also proved.
General Adair possessed the confidence of Colonel Burr in relation to
his western movements in a greater degree than any other individual.
Burr was introduced to Adair by General Wilkinson. In a letter dated
March, 1807, General Adair says, and there is no doubt truly says--"So
far as I know or believe of the intentions of Colonel Burr (and my
enemies will agree I am not ignorant on this subject), they were to
prepare and lead an expedition into Mexico, predicated on a war
between the two governments; without a war he knew he could do
nothing. On this war taking place he calculated with certainty, as
well from the policy of the measure at this time as from the positive
assurances of Wilkinson, who seemed to have the power to force it in
his own hands. This continued to be the object of Colonel Burr until
he heard of the venal and shameful bargain made by Wilkinson at the
Sabine river; this information he received soon after the attempt to
arrest him in Frankfort. He then turned his attention altogether
towards strengthening himself on the Washita, and waiting a more
favourable crisis. I thought the first of these objects honourable and
worthy the attention of any man; but I was not engaged in it, my
political as well as private pursuits forbidding me from taking a part
until it was over; nor did I ever believe, notwithstanding Wilkinson's
swaggering letters to me on that subject, which may be seen, that a
war would take place."
The grant of the Spanish government to Bastrop amounted to 1,200,000
acres. Six tenths of this grant was conveyed to Colonel Lynch, and cost
him about one hundred thousand dollars. As the time within which two
hundred families were to be settled on the land was rapidly drawing to a
close, Lynch conveyed one half his right to Burr for fifty thousand
dollars. In this purchase many private citizens of worth and
respectability were interested. The two projects, however, became in
some degree blended. The great object of Burr was the conquest of
Mexico. With this view he conferred with General Wilkinson, who was
ardent in the cause. Wilkinson's regular force, about six hundred men,
was intended as a nucleus, around which the followers of Burr were to
form. They were the only disciplined corps that could be expected. As
Wilkinson was the American commander-in-chief, and stationed upon the
borders of Mexico, he possessed the power, and was pledged to strike the
blow whenever it should be deemed expedient. This commencement of the
war would thus have been apparently under the sanction and authority of
the American government, and would have drawn to the standard of Burr
numerous volunteers from the western states. Such, undoubtedly, was the
plan; and Burr entertained no suspicion of Wilkinson's treachery towards
him until his interview with Swartwout. As soon as he made that
discovery, in the language of General Adair, "he turned his attention
towards strengthening himself on the Washita, and waiting a more
favourable crisis."
Daniel Clarke, of New-Orleans, entered into the Mexican project. He
engaged to advance fifty thousand dollars; but subsequently, from
disappointments, he was unable to fulfil his contract. General
Wilkinson detailed to Colonel Burr all the information he possessed
respecting that country, and pointed out the facilities which would
probably be afforded by the inhabitants in effecting a revolution.
Without Wilkinson's troops, Burr declared most solemnly, a short time
before his death, that he would not have made the attempt on Mexico;
that he was perfectly aware the men he would collect, so far as it
respected military operations, would be at first little better than a
mob.
Colonel Burr had repeated conferences on the subject with Mr. Merry,
the British plenipotentiary resident in the United States. Mr. Merry
communicated to his government the project of Mr. Burr. Colonel
Charles Williamson, the brother of Lord Balgray, went to England on
the business, and, from the encouragement which he received, it was
hoped and believed that a British naval squadron would have been
furnished in aid of the expedition. At this juncture Mr. Pitt died.
Wilkinson must have heard of the death of the premier late in the
spring or early in the summer of 1806. From this moment, in Mr. Burr's
opinion, Wilkinson became alarmed, and resolved on an abandonment of
the enterprise at the sacrifice of his associates.
On the suggestion of Wilkinson, Mexico was twice visited by Daniel
Clark. He held conferences and effected arrangements with many of the
principal militia officers, who engaged to favour the revolution. The
Catholic bishop, resident at New-Orleans, was also consulted, and
prepared to promote the enterprise. He designated three priests, of
the order of Jesuits, as suitable agents, and they were accordingly
employed. The bishop was an intelligent and social man. He had been in
Mexico, and spoke with great freedom of the dissatisfaction of the
clergy in South America. The religious establishments of the country
were not to be molested. Madame Xavier Tarjcon, superior of the
convent of Ursuline nuns at New-Orleans, was in the secret. Some of
the sisterhood were also employed in Mexico. So far as any decision
had been formed, the landing was to have been effected at Tampico.
During the year 1806 Colonel Burr was at the house of General Andrew
Jackson for some days. Repeated and detailed conversations were held
between them in relation to the expedition. Subsequently, General
Jackson addressed a letter to Colonel Burr, in which he alluded to
rumours that were afloat of his having hostile designs against the
United States; adding that, if this were true, he would hold no
communication on the subject; but, if untrue, and his intentions were
to proceed to Mexico, he (Jackson) would join and accompany him with
his whole division. To this the proper answer was given.
About the same time Colonel Burr wrote Senator John Smith, of Ohio, on
the subject of these rumours, in which letter he says--"If Bonaparte,
with all his army, was in the western country for the purpose of
accomplishing that object, they would never again see salt water." It
may be proper to state here that Colonel Burr's whole force at no time
exceeded _one hundred and thirty men_.
This is a brief, but it is believed to be a true and faithful account
of Colonel Burr's views and projects during the years 1805 and 1806.
In the progress of these transactions many individuals were
implicated. While the promulgation of their names might tend to
gratify an idle curiosity, it could be productive of no possible good.
(The charge of treason, now that the storm has blown over, is so
perfectly ridiculous, that one who investigates the subject will be
astounded that it ever gained credence. It originated with the most
corrupt and unprincipled, and was countenanced, propagated, and
sustained by the most malignant.) When the charge of treason was first
spread abroad, Colonel Burr appeared to be deserted and abandoned by
his confidential and devoted friends. Even his son-in-law, Governor
Alston, seemed to shrink from the consequences of an intercourse with
him. All those who were in any manner connected with the contemplated
expedition disclaimed the idea of treasonable designs, averring that,
if such were the views of Colonel Burr, they had been deceived. And
what does all this prove? Does it not demonstrate that if his object
was a separation of the Union, that object was to be accomplished
without the knowledge or aid of his friends and associates? Can any
thing place the charge in a more ridiculous point of view?
Colonel Burr was arrested as a traitor on the Tombigbee river,
Mississippi territory, and transported to Richmond, where he arrived
on the 26th of March, 1807. He was bailed until the 22d of May, when
the court was to convene. A description of the outrages and cruelty
which he endured would fill volumes. A calm and dispassionate detail
of the means which were adopted by Mr. Jefferson to obtain an
opportunity of shedding his blood, under colour of law, would be
revolting to the philanthropist and the patriot, while it would not
change public opinion of this philosopher.
In October, 1806, Mr. Swartwout delivered to General Wilkinson a
letter from Burr, written in cipher. That letter Wilkinson _altered_,
and then deciphered it. The forgery was detected before the grand
jury, and he compelled to acknowledge the fact, although he had sworn
to the translation as being correct in all its parts. Notwithstanding
Mr. Jefferson's knowledge that Wilkinson was a Spanish pensioner,
which fact Mr. Derbigny had stated to Secretary Gallatin in a letter,
and subsequently swore to its truth; and notwithstanding his perjury
before the grand jury, yet did the president sustain and countenance
the general as a fit instrument for his purposes.
Other arrests were made during this military reign of terror, _viz._,
Generals Adair and Dayton, Blennerhassett, Swartwout, Alexander,
Smith, Bollman, Ogden, &c. Burr and Blennerhasset alone were brought
to trial. On the 22d of May, 1807, came on the cause of Aaron Burr
before the Circuit Court of the United States, Judge Marshall
presiding. No indictment was found by the grand jury until the 25th of
June, when two bills were presented against Burr; one for treason, and
the other for a misdemeanour. On the 30th of June he was committed to
the penitentiary for safe keeping until the third day of August. From
the 5th until the 17th of August the court was engaged in obtaining a
jury and discussing points of law. On that day the treason case was
opened, and an examination of witnesses on the part of the government
commenced. Colonel Burr had more than thirty witnesses in attendance,
but deemed it unnecessary to call any of them.
On the 1st day of September, 1807, the jury retired, and in a short
time returned with the following verdict, which was read by Colonel
Carrington, their foreman.
"We of the jury say that Aaron Burr is not proved to be guilty under
this indictment by any evidence submitted to us. We therefore find him
not guilty."
This verdict was objected to by Colonel Burr as informal. He observed
that, whenever a verdict is informal, the court will either send back
the jury to alter it, or correct it itself; that they had no right to
depart from the usual form, &c. Mr. Hay thought the verdict ought to
be recorded as found by the jury, which was substantially a verdict of
acquittal; and that no principle of humanity, policy, or law forbade
its being received in the very terms used by the jury.
Mr. Martin said that it was like the _whole play_, "Much ado about
Nothing;" that this was a verdict of acquittal; that there was nothing
to do but to answer the question of guilty or not guilty; that it was
the case with every jury in every instance; they had or had not
evidence before them.
Colonel Carrington, one of the jury, observed, that it was said among
themselves that, if the verdict was informal, they would alter it;
that it was, in fact, a verdict of acquittal.
The court then directed that the verdict should remain as found by the
jury; and that an entry should be made on the record of "_Not
Guilty_."
On the 9th of September a jury was empannelled to try Colonel Burr on
the indictment for misdemeanour, which consisted of seven counts; the
substance of which were, that Aaron Burr did set on foot a military
enterprise, to be carried on against the territory of a foreign
prince; _viz._, the province of Mexico, which was within the territory
of the King of Spain, with whom the United States were at peace.
After the prosecution had examined some of their witnesses, and the
court had decided that the testimony of others was not relevant, the
district attorney, Mr. Hay, made a motion that the jury be discharged.
To this motion Colonel Burr objected, insisting upon a verdict. This
was on the 15th of September. The court being of opinion that the jury
could not in this stage of the case be discharged without the consent
of the accused, and that they must give a verdict, they accordingly
retired, and very soon returned with a verdict of "_Not Guilty_."
Previous to the trial for treason it was industriously circulated that
Commodore Truxton had most honourably repelled Colonel Burr's
advances, and pointed out the infamy which awaited him. He was
subpoenaed on the part of the United States, and on his examination
said--"That Colonel Burr told him (some time in July, 1806) that he
contemplated an expedition to Mexico in the event of a war with Spain,
which he thought inevitable. He asked me if the Havannah could be
easily taken in the event of a war. I told him that it would require
the co-operation of a naval force. Mr. Burr observed to me that _that_
might be obtained. He asked me if I had any personal knowledge of
Carthagena and La Vera Cruz, and what would be the best mode of
attacking them by sea and land. I gave him my opinion very freely. Mr.
Burr then asked me if I would take the command of a naval expedition.
I asked him if the executive of the United States were privy to or
concerned in the project. He answered _emphatically_ that he was not:
I asked that question because the executive had been charged with a
knowledge of Miranda's expedition. I told Mr. Burr that I would have
nothing to do with it; that Miranda's project had been intimated to
me, but I declined to have any thing to do with such affairs. He
observed to me that, in the event of a war, he intended to establish
an independent government in Mexico; that Wilkinson, the army, and
many officers of the navy would join. I told Mr. Burr that I could not
see how any officer of the United States could join. He said that
General Wilkinson had projected the expedition, and he had matured it;
that many greater men than Wilkinson would join, and that thousands to
the westward would join. I told Colonel Burr that there would be no
war. He was sanguine there would be war. He said, however, that if he
was disappointed as to the event of a war, he was about to complete a
contract for a large quantity of land on the Washita; that he intended
to invite his friends to settle it; that in one year he would have a
thousand families of respectable and fashionable people, and some of
them of considerable property; that it was a fine country, and that
they would have a charming society, and in two years he would have
double the number of settlers; and, being on the frontier, he would be
ready to move whenever a war took place."
On his cross examination Commodore Truxton added "that he was very
intimate with Colonel Burr; that in their conversations there appeared
to be no reserve; that he never heard Colonel Burr speak of a division
of the Union; that Burr said his Mexican expedition would be
beneficial to the United States; that, so far from doubting Burr's
intention to settle the Washita lands, he was astonished at hearing he
had different views, which accounts were contained in newspapers
received from the western country."
From among numerous instances of Mr. Jefferson's idea of _honour_ and
_morality_, as practised by him and by his order pending that trial,
only one will be selected as a _sample_. Dr. Erick Bollman, the friend
of Lafayette, was arrested by the order of Wilkinson as a
co-conspirator with Burr. He was called as a witness on the part of
the United States; and in open court, the district attorney, Mr. Hay,
by order of Mr. Jefferson, tendered him a pardon, which he indignantly
refused, asserting his innocence of any act requiring a pardon.
Immediately after the trial, he published, under his own signature, an
account of what occurred between himself and the president. From that
publication, which was never controverted, sufficient will be
extracted to show Mr. Jefferson's _feelings_ and _principles_.
Bollman says, "In the month of December, 1806, I was seized and
arrested at New-Orleans by order of General Wilkinson, but in the name
of the United States. When I arrived at Charleston, Annapolis, and
Washington, the newspapers represented Colonel Burr as being at the
head of two thousand men, and they were ringing at the same time with
reports of his _pretended treason._
"These circumstances occasioned in my mind great indignation with
regard to the reports just mentioned, and great solicitude lest
General Wilkinson's conduct and Burr's situation might lead to
occurrences which Colonel Burr would deprecate, and which
involuntarily would put him in the wrong.
"I therefore requested an interview with the president of the United
States for two decided objects. 1st, To remove from his mind the false
impressions he had received with regard to treason. 2d, To endeavour
to convince him that the interests of the United States would be best
consulted by going to war with Spain, and giving countenance to the
expedition which Colonel Burr had planned.
"It appeared to me that this step might do some good, could do no
harm, and, in my situation, ought to be attempted. I saw the
president, together with Mr. Madison; and having first, when
questioned on that point, declared to the former that I had no
_personal motives_ for this interview, spoke to them to the effect
just mentioned. The day after the interview I received the following
note from the president, the original of which, in _his own
handwriting_, now remains in my possession:--
"'The communications which Doctor Bollman made yesterday to Thomas
Jefferson were certainly interesting; but they were too much for his
memory. From _their complexion and tendency_, he presumes that Doctor
Bollman would have no objection to commit them to writing, in all the
details into which he went yesterday, and such others as he may have
then omitted, Thomas Jefferson giving him _his word of honour_ that
they shall never be used against himself, and _that the paper shall
never go out of his hand_.'
January 25, 1807.
"I immediately complied with the president's request; and considering
the communication, in conformity with the tenour of his note, _as
strictly confidential_, I had no motive to be unusually guarded, or to
weigh every expression with more than ordinary care. The paper,
containing nearly twenty pages, was hardly finished, when I
immediately sent it to the president. I borrowed it from him some time
afterward when in prison, in order to take a copy, and then returned
it.
"The whole of it goes to the two points above mentioned, _viz_., to
disprove treason, and to show the expediency of war. It can give no
other ideas to an unbiased reader, unless one or two expressions,
improperly used, and for which the allowance ought to be made, that
the English is not my native tongue, are singled out, are considered
disconnectedly with what precedes and follows, and construed in a
hostile manner.
"The president had given _'his word of honour'_ that this paper should
not be used against myself; and yet _on it_ was predicated the
pretended necessity of a _pardon_ for my personal safety. The attorney
for the district (Mr. Hay), in open court, when offering me the patent
pardon, referred to it. Nay, when I indignantly refused that pardon,
he reminded me of the _horrors of an ignominious fate_, in order, if
possible, to change my determination. Is a paper not used against me
when, on account of its contents being misunderstood, I am thus
assailed with the _tender of a badge of infamy?_ Is _life_, in Mr.
Jefferson's opinion, _all_; and _character_ and _reputation_, which
alone can render it desirable, _nothing_? The great inquest of the
nation, after hearing a great variety of testimony, and particularly
that of General Wilkinson, _by an opinion nearly unanimous on my
subject, have absolved me from guilt!_ No indictment has been
preferred against me, though they have indicted various gentlemen in
different parts of the United States. Was it, then, becoming the first
magistrate of the Union, whom I had approached with some degree of
confidence, and with regard to whom neither my conduct nor my language
have ever been unfriendly--was it becoming in _him_, in a measure, to
forestall the opinion of the grand jury, and to stigmatize me as a
pardoned criminal?
"The paper was never to get out of the president's hands, but it is
_now_ in the hands of the attorney for the Virginia district. On the
23d of June, an occurrence of which the prints have taken no notice,
the grand jury came into court. Their foreman stated that one of the
witnesses had mentioned to him an important paper, written by another
witness, which was in the possession of Mr. Hay, and of which they
wished the delivery. Mr. Hay replied, that this referred to my letter
to the president, which was in his possession, but that he did not
consider himself warranted to give it to the grand jury. He also
declared it to be his firm persuasion that the paper was written in my
own handwriting; it has further appeared that he had occasioned
General Wilkinson to read it. Through him he had brought what is
falsely stated to be its contents insidiously before the grand jury.
General Wilkinson, when before that body, and, of course, on his oath,
did assert that he knew the paper in Mr. Hay's hands; that it was my
handwriting and my signature.
"The history of the proposed pardon will have flown over Europe, and
the impression of treachery to a friend--this more detestable, more
odious crime than any infraction of the laws of the country, because
essentially fraught with turpitude, will be blended with my name in
the minds of men who may never see _this_ letter. And if all this
injury could be inflicted by Mr. Jefferson without _ill will_, merely
from want of consideration, under the disturbing influence of _passion
and resentment against Colonel Burr_, notwithstanding his mature age
and the dignity of his station, it will amount to strong proof, at
least, that I, in my humble sphere and with a more youthful
imagination, may have become warmed with the beautiful prospect of the
emancipation of an enslaved kingdom; a project which Mr. Jefferson
himself approved of and connived at when planned, not by Colonel Burr,
but by Miranda; and that I may have engaged in it without meaning any
harm to the United States or their president.
"But since the measure of the pardon has proved abortive and
ridiculous, and since the fact of his breach of the '_word of honour_'
can no longer be denied, their tone is changed. As usual, I am abused,
not for the wrong I did, but for the wrong which has been committed
upon me. They insinuate, among other things, that at Washington I had
_obtained promises_ from Mr. Jefferson, and had _agreed_ with him, for
a pardon; that I refused it at Richmond, in order to have a pretext
for withholding testimony, on the ground that it would criminate
myself, though it is well known that such promise, such agreement
never took place; and that before the grand jury, during an
examination of upward of two hours, I answered, _without a single
exception, every question that was asked me_.
"When party spirit and passion go so far, it would be improper to
remain silent; and should what I have said in my defence operate to
the prejudice of Mr. Jefferson or wound his feelings, it is not my
fault.
"ERICK BOLLMAN."
Footnotes:
1. In July, 1798, Generals Hamilton, Pinckney, and Knox were appointed
major generals in the standing army raised that summer, _nominally_,
for the purpose of repelling a French invasion, at a moment when
France had not a ship of war on the ocean, and while British squadrons
were hovering on her whole coast.
2. On the 10th of June, 1835, Dr. Hosack, the friend and physician of
Colonel Burr, supposed that he could not continue but a few days,
perhaps a few hours. Mr. Burr was so informed, and was then asked by
M.L. Davis whether at any time he had contemplated a separation of the
Union. His reply was--"No; I would as soon have thought of taking
possession of the moon, and informing my friends that I intended to
divide it among them." While making the reply his indignation seemed
to be aroused.