The excitement produced by Mr. Jefferson, Mr. Eaton, and Mr. Wilkinson
in relation to Burr's movements, exceeded any thing that can be well
imagined. That grave and dignified body, the Senate of the United
States, were _terrified_, or they were _used_ for the purpose of
_terrifying_ the good people of the country. On the 22d of January,
1807, Mr. Jefferson sent a message to Congress developing the
treasonable designs of Burr and his associates. On the 26th, with the
aid of General Wilkinson, a second message was transmitted on the same
subject; and, by _accident_, about the same time that this message of
the president was received by the House of Representatives, that
honourable body received a message from the Senate also, announcing
that they had passed a "_bill for suspending the writ of habeas
corpus_," and asking the concurrence of the house. This was carrying
the _farce_ too far, and a motion was therefore made and adopted to
reject the bill on its _first reading_. Ayes 113; nays 19. Thus the
bill was rejected.
During the years 1806 and 1807 Herman Blennerhassett kept a private
journal, in which are recorded the principal incidents arising out of
his connexion with Colonel Burr. Portions of it are interesting and
amusing. The entries confirm in every particular the statements of
Truxton, Bollman, and others, and repudiate the idea of treasonable
designs. That journal, having been transmitted from England, is before
me. From it a few brief extracts will be made. It appears that in
December, 1805, Blennerhassett addressed a letter to Colonel Burr,
expressing a wish to participate in any speculation in the western
country that might present itself to Burr. A Spanish war was hourly
anticipated, and Blennerhassett proposed to join Burr in any
expedition that might be undertaken against the Spainish dominions.
In August, 1806, in consequence of this overture, Burr visited
Blennerhassett at his house on the Ohio, and the next day rode with
him to Marietta, and there they separated, Burr being on his way to
Chilicothe. From Marietta to Blennerhassett's was about fifteen miles.
Some time after Burr returned to Blennerhassett's. Burr said that an
expulsion of the Spaniards from the American territory or an invasion
of Mexico would be pleasing to the administration; if it could be
accomplished without an open formal war, which would be avoided as
long as possible, from parsimony on the one hand and the dread of
France on the other.
Blennerhassett tendered his services to Burr generally. Blennerhassett
states that General Jackson and others were to join, and that the
general was in readiness to march whenever he should think himself
authorized by the position of the government.
EXTRACTS.
"The vivacity of Burr's wit, and the exercise of his proper talents,
now (at Richmond) constantly solicited here, in private and public
exhibition, while they display his powers and address at the levee and
the bar, must engross more of his time than he can spare from the
demands of other gratifications; while they display him to the eager
eyes of the multitude, like a favourite gladiator, measuring over the
arena of his fame with firm step and manly grace, the pledges of easy
victory."
"August 17, 1807. This led me to praise a pamphlet, _Agrestis_, which
Alston yesterday brought me, being two letters on Wilkinson's
proceedings at New-Orleans, which, for its arrangement and strength,
as well as for the imagery of the language, I observed would not be
unworthy of a Curran; at the same time inquiring who was the author.
Alston said that was not known. I then repeated the question to
Colonel M'Kee, who said it was a friend of ours; at least, Mr. Alston
was suspected. I mention this trifling occurrence for the sake of
observing that Alston was now silent, thereby appropriating to himself
the merit of the book, which his _wife_, I have no doubt, might
produce. To suppose Alston [1] the author would be preposterous."
"August 23, 1807. My revery was soon broken in upon by the appearance
of Mr. Douglas with a stranger. I should rather have said by two
apparitions; for it was now near nightfall, and Douglas no sooner
appeared than he turned on his heel, saying, 'Colonel Duane, sir,' and
ran down stairs. The surprise of this interruption the stranger, whom
I had never before seen, did not suffer to endure long enough to allow
me to invoke the angels and ministers of grace for my protection. I
was already within the grasp of this Gabriel of the government. He
seized my hand, and bade me dismiss my surprise, however natural it
might be, on his appearance before me. I handed him a chair, and said
'I had lived long enough in this country to be surprised at nothing it
could produce or exhibit, but yet desired to learn from what cause I
had the favour of this visit.' 'Having heard Mr. Douglas observe,'
said he, 'that you would be pleased to see me--' 'Sir, Mr. Douglas has
made a mistake; he must have meant somebody else.' 'No matter,'
continued he; 'having known and seen your present situation, I could
not as a man, as an Irishman' (here he digressed to show me how he
both was and was not an Irishman), 'I would not leave this town
(Richmond) without warning you of the sacrifice now preparing to
appease the government by your friends, of which you are destined to
be the victim. You cannot desire any other key to my meaning than the
course the defence has this week taken. But if you think the
government will not cease to pursue that justice they possess the
means of ensuring, and suspect, as you ought, the designs of those you
have too long thought your friends, it might yet appear no better on
my part than a nominal service to give you these cautions: I have
therefore sought you, not to tender you words, but deeds. The only
return on your part will be that care of yourself which will find a
shield in _my honour_' (here he very awkwardly struck his breast, and
grinned a ghastly smile), 'and that confidence I can _command_ in the
government whose good faith is not misplaced in the zeal I have
testified to serve it.' To this harangue he added violent
protestations of his wishes to serve me, saying, that for that purpose
he would put off his journey back to Philadelphia, which otherwise was
irrevocably fixed for Wednesday, and would now, or at any time
hereafter, go to Washington for me, where _nothing he should ask would
be refused him_. In thanking him for the frankness and zeal with which
he cautioned me against my friends and a negligence of my safety, I
assured him I was not afraid to meet the prosecution, as I expected I
should before my arrival here, without counsel or friends; but, from
present appearances, I was more curious than interested to learn what
were those means the said government possessed of ensuring justice.
Finding by his answer that he was now disposed to allure me into a
confession of having written certain papers in the hands of the
prosecutors, I told him, the warmth of his offers to serve me could
not make me forget either his situation or my own with relation to the
government; that I cared not what writings should be charged upon me;
that I should admit none till fairly proved, which, if any such should
ever appear, I would justify, if necessary, on the scaffold. He now
summed up the objects of his mission, whatever produced it, with abuse
of Burr, Tyler, and Smith, _acknowledging that he had been served
gratis by Burr in the most handsome manner_; that the others were more
concerned against the government than I was; but swearing that he
believed, if I did not follow his advice, they would make a scapegoat
sacrifice of me for their deliverance."
"August 25, 1807. I asked Alston, 'Would you wish to see my notes of
what passed between Duane and me?' 'Yes,' said he, 'very much.' I then
read to him the minutes I had taken on Sunday evening, with which he
seemed highly pleased, and said they ought to be published. To this I
told him I could not accede. * * * * * * I informed him that Duane had
intimated that government had got possession of one of his letters to
me. 'One of my letters,' cried he; 'I never wrote to you but two upon
business of a private nature; and, by G--d, any other letter they can
have of mine must be a forgery.' 'To be sure,' said I; 'or, at all
events, from the favourable course things are now likely to take, such
a letter could do no harm.' 'But what did the rascal,' continued he,
'state to be the purport of the letter?' 'Nothing more,' said I, 'than
that you and myself were equally involved in all Colonel Burr's
projects. He then abused Duane, and repeated his wish that my notes
were published."
"September 13, 1807. I visited Burr this morning. He is as gay as
usual, and as busy in speculations on reorganizing his projects for
action as if he had never suffered the least interruption. He observed
to Major Smith and me, that in six months our schemes could be all
remounted; that we could now new model them in a better mould than
formerly, having a better view of the ground and a more perfect
knowledge of our men. We were silent. It should yet be granted, that
if Burr possessed sensibility of the right sort, with one hundredth
part of the energies for which, with many, he has obtained such
ill-grounded credit, his first and last determination, with the
morning and the night, should be the destruction of those enemies who
have so long and so cruelly wreaked their malicious vengeance upon
him."
"September 16, 1807. I was glad to find Burr had at last thought of
asking us to dine with him, as I was rather curious again to see him
shine in a _partie quarrie_, consisting of new characters. We
therefore walked with him from court; Luther Martin, who lives with
him, accompanying us. * * * * * The dinner was neat, and followed by
three or four sorts of wine. Splendid poverty! During the chit-chat,
after the cloth was removed, a letter was handed to Burr, next to whom
I sat. I immediately smelt musk. Burr broke the seal, put the cover to
his nose, and then handed it to me, saying--'This amounts to a
disclosure!' I smelt the paper, and said, 'I think so.' The whole
physiognomy of the man now assumed an alteration and vivacity that, to
a stranger who had never seen him before, would have sunk full fifteen
years of his age. 'This,' said he, 'reminds me of a detection once
very neatly practised upon me at New-York. One day a lady stepped into
my library while I was reading, came softly behind my chair, and
giving me a slap on the cheek, said, "Come, tell me directly, what
little French girl, pray, have you had here?" The abruptness of the
question and surprise left me little room to doubt the discovery had
been completely made. So I thought it best to confess the whole fact;
upon which the inquisitress burst out into a loud laugh on the success
of her artifice, which she was led to play off upon me from the mere
circumstance of, having smelt musk in the room.' I have given this
anecdote a place here only to convey an idea of that temperament and
address which enables this character to uphold his ascendèncy over the
sex. After some time Martin and Prevost withdrew, and we passed to the
topics of our late adventures on the Mississippi, in which Burr said
little, but declared he did not know of any reason to blame General
Jackson, of Tennessee, for any thing he had done or omitted. But he
declares he will not lose a day after the favourable issue at the
Capitol (his acquittal), of which he has no doubt, to direct his
entire attention to setting up his projects (which have only been
suspended) on a better model, 'in which work,' he says, 'he has even
here made some progress.'"
"September 20, 1807. I found Burr, just after a consultation with his
counsel, secretly writhing under much irritation at the conduct of
Judge Marshall, but affecting an air of contempt for his alleged
inconsistencies, as Burr asserted he (the judge) did not, for the last
two days, understand either the questions or himself; that he had
wavered in his opinions before yesterday's adjournment, and should, in
future, be put right by _strong language_. I am afraid to say _abuse_,
though I think I could swear he used that word. I learned from Major
Smith to-day a confirmation of what Colonel de Pestre had also
mentioned to me, that Burr sets off immediately for England after his
liberation to collect money for reorganizing his projects."
"September 22, 1807. I have seen a complete file of all the
depositions made before the grand jury in Burr's possession. It must
be confessed that few other men in his circumstances could have
procured these documents out of the custody of offices filled by his
inveterate enemies. Burr asserted to-day, in court, that he expected
documents that would disqualify Eaton as a witness."
"September 26, 1807. Wilkinson, in his examination, confessed that he
had altered the cipher letter, and sworn that there were no
alterations."
"Of Dudley Woodbridge, [2] it must not be concealed from those who may
have access to these _notes_ that, although he is reputed to have
given a fair, candid, and to us an advantageous testimony, _he has not
yet told the whole truth, having suppressed my communication to him of
our designs being unequivocally against Mexico_, which I suppose he
kept back because he embraced and embarked in the plan on the first
mention of it to him, though he afterward receded from it upon his own
reflections or counsel of others. Such is the address with which
ingratitude and dishonesty are made to pass in the garb of integrity,
like towcloth under fine muslin."
"October 8, 1807. I called on Burr this morning, when he at last
mentioned to me, during a short tête-à-tête, that he was preparing to
go to England; that the time was now auspicious for him, and he wished
to know whether I could give him letters. I answered that I supposed,
when he mentioned England, he meant London, as his business would
probably be with people in office; that I knew none of the present
ministry, nor did I believe I had a single acquaintance in London. He
replied, that he meant to visit every part of the country, and would
be glad to get letters to any one. I said I would think of it, that I
might discover whether I had any friends there whom it would be an
object worth his attention to know, and took leave. We can only
conjecture his designs. For my part, I am disposed to suspect he has
no serious intent of reviving any of his speculations in America, or
even of returning from Europe if he can get there."
After Colonel Burr's return to the United States from Europe, he
received several letters from Blennerhassett; in two of them he refers
to a suit which he commenced against General Andrew Jackson, in Adams
county, Mississippi territory, for a balance due Burr. In reply to an
inquiry made on the subject under date of the 4th of October, 1812, he
says, "I allude to an account between yourself and Andrew Jackson, in
his own handwriting, on which appears a balance in your favour of
$1726 62," &c. He then speaks of other papers, and adds, "As to the
manner in which I obtained the papers, it happened to be discovered
that the portmanteau you left with me, to be transmitted to Mr.
Alston, which lay at my disposal in the house of Mr. Harding, near
Natchez, was broken open by his servants. On this discovery I called
for the portmanteau, found the lock torn off, and some papers tumbled
and abused, which had seemingly been all opened. I observed and took
out the above document. The rest, with a silk tent, await the
disposition of your orders."
In another letter, in a paroxysm of passion, he threatens the
publication of a book, which he says is to be entitled,
"A review of the projects and intrigues of Aaron Burr during the years
1805, 1806, and 1807, involving therein, as parties or privies, Thomas
Jefferson, A. Gallatin, Dr. Eustis, Governor Alston, Daniel Clark,
Generals Wilkinson, Dearborn, Harrison, Jackson, and Smith, and the
late Spanish ambassador Yrujo, exhibiting original documents and
correspondence hitherto unpublished. Compiled from the notes and
private journal kept during the above period by Herman Blennerhassett,
LLD."
It has been seen that General Wilkinson _altered_ the letter written
in cipher by Colonel Burr, and then swore that the translation was a
true copy of the original. This alteration was for the purpose of
establishing _treasonable_ designs in Burr and his associates, to
which fact the general had also sworn. But while he was thus urging
the charge of _treason_ at home, he had to give his Spanish employers
a different account of the movements and object of Burr. Accordingly,
after the trial at Richmond, General Wilkinson despatched Captain
Walter Burling, his aid, to demand of the vice-king of Mexico the
repayment of his expenditures and compensation for his services to
Spain in defeating Burr's expedition against Mexico. The modesty of
this demand, being only about _two hundred thousand dollars_, is
worthy of notice. The development of this fact places in a new point
of view Mr. Jefferson's confidential friend (General Wilkinson)--that
friend whom he recommended to Congress on the 22d of January, 1S07, as
having acted "with the _honour of a soldier and the fidelity of a good
citizen_." The documents are presented without comment.
_State of Louisiana, City of New-Orleans_.
Before me, William Young Lewis, notary public in and for the city of
New-Orleans, duly commissioned and sworn, this day personally appeared
Richard Raynal Keene, Esq., attorney and counsellor at law of this
city, who delivered to me, the said notary, and requested the same to
be annexed to the current records of my office, the following
documents, _to wit_:--
_First_. A certificate of the vice-queen of Mexico, dated at Madrid on
the twenty-fourth day of January, eighteen hundred and sixteen.
_Second_. A letter from the said Richard R. Keene to the Reverend Dr.
Mangan, dated at Madrid on the twenty-first day of July, eighteen
hundred and twenty-one.
_Third_. The reply of the Reverend Dr. Mangan to the aforesaid letter,
dated at Madrid on the twenty-third day of July, eighteen hundred and
twenty-one.
All of which said documents I have accordingly annexed to my current
register, there to remain and serve as the case may be, after having
marked the same _ne varietur_, to identify them with this act.
Done and passed at New-Orleans, this twenty-fourth day of December,
eighteen hundred and thirty-six, in presence of William T. Lewis and
Gustavus Harper, both of this city, witnesses, who have hereunto
signed their names with said, and me the said notary. Signed, Richard
R. Keene, William T. Lewis, Gustavus Harper.
W. Y. Lewis, Not. Pub.
_Certificate of the Vice-queen_.
"Whereas his excellency, the Marquis of Campo-Sagrado, minister of
war, has been pleased to accede to the request of Richard Raynal
Keene, colonel of the royal armies, addressed to him under date of the
12th instant, with the view of obtaining my declaration respecting the
mission sent by the Anglo-American brigadier, James Wilkinson, to my
late husband, Don Jose Yturrigaray, lieutenant-general of the royal
armies in Mexico, during the period of his command as viceroy in that
country; now, for the purpose required, I do declare and certify,
that, having accompanied my said husband to Mexico, and stayed there
with him during the time of his command as viceroy in that country, to
wit, from the year 1802 to the year 1808, I recollect perfectly well
the aforesaid mission, which was carried into effect by a person of
the name of Burling; and although I cannot now undertake to relate all
the details of that mission, nevertheless my memory enables me to
state that, in substance, the exposition made by Keene to the minister
of war, of the artifices and stratagems resorted to by Wilkinson on
that occasion, through his confidential agent, is just and true. The
interested views manifested by Wilkinson _in his reclamation of large
sums of money for his alleged disbursements_ in counteracting the
hostile plans of the American vice-president, Burr, against Mexico,
appeared to the viceroy to be no less incompatible with the rights of
his majesty than they were _irreconcilable to the honour of an officer
and patriot_ of a foreign state. The viceroy, therefore, did not give
a single ducat to Burling, but took immediate steps for having him
removed from the country.
This is what I declare, in compliance with the requisition of his
excellency the minister of war. Madrid, January 24, 1816.
MARIA INES JAUREGUI DE YTURRIGARAY.
Madrid, July 21, 1821.
REV. SIR,
I send you an exposition of the vice-queen Donna Maria Ines Jauregui
de Yturrigaray, of the 24th January, 1816, relative to the intrigue
which the brigadier Wilkinson attempted to carry into effect in 1806
or 1807, through the agency of Mr. Burling, for the purpose of getting
money from the vice-king of Mexico. The vice-queen told me, in the
different conversations I had with her on this subject, that you
enjoyed the full and entire confidence of her husband, and that he,
besides speaking with you unreservedly about this affair, commissioned
you to interpret the letter which Wilkinson sent him through Mr.
Burling, the said letter having been written in English. The
vice-king, had he not died suddenly, would have given me the same
exposition which his widow gave me. It being then, in some sort, a
matter of justice that you should give your declaration relative to
the aforesaid exposition of the vice-queen, I therefore pray you to do
so.
I will merely add that, in one of my conversations with the vice-king,
he told me that, in the aforesaid letter, Wilkinson, in speaking of
his service rendered in frustrating what he called the invasion of
Mexico by the ex-vice-president, Mr. Burr, likened himself to
_Leonidas in the pass of Thermopylae_. Be assured, reverend sir, of my
profound respect.
RICHARD RAYNAL KEENE,
Colonel in the service of H. C. M.
Rev. Dr. MANGAN, _Rector of the Irish College in Salamanca._ Madrid,
July 23, 1821
MY DEAR SIR,
I have carefully read the exposition you enclosed me in your esteemed
favour of the 21st instant, of the former vice-queen of Mexico, La
Senora Donna Maria Ines Jauregui de Yturrigaray, relative to the
famous embassy of General Wilkinson to her husband Don Joseph de
Yturrigaray, viceroy of Mexico.
As his excellency was pleased to make use of me as interpreter in the
interview he granted Mr. Walter Burling, the bearer of a letter from
the aforesaid General Wilkinson, and commissioned by him to manifest
to the viceroy the importance of his embassy, I candidly confess that,
to the best of my recollection, the exposition of the vice-queen is
perfectly correct, for the object of the famous embassy of Mr. Burling
was to display to the viceroy _the great pecuniary sacrifices_ made by
General Wilkinson to frustrate the plan of invasion meditated by the
ex-vice-president, Mr. Burr, against the kingdom of Mexico, and to
solicit, in consideration of such important services, a pretty round
sum of _at least two hundred thousand dollars_.
I cannot help observing that the viceroy, Don Joseph de Yturrigaray,
received this communication with due contempt and indignation, bidding
me to tell Mr. Burling that General Wilkinson, in counteracting any
treasonable plan of Mr. Burr, did no more than comply with his duty;
that he (the viceroy) would take good care to defend the kingdom of
Mexico against any attack or invasion, and that he did not think
himself authorized to give one farthing to General Wilkinson in
compensation for his pretended services. He concluded by ordering Mr.
Burling to leave the city of Mexico, and had him safely escorted to
the port of Vera Cruz, where he immediately embarked for the United
States.
This is, believe me, the substance (as far as I can recollect) of the
famous embassy of General Wilkinson to the viceroy of Mexico, Don
Joseph de Yturrigaray, who certainly was not mistaken in the passage
he mentioned to you of Leonidas, as I recollect well that General
Wilkinson, after displaying in a pompous style the great difficulties
he had to encounter to render Mr. Burr's plan fruitless, concluded by
affirming--"_I, like Leonidas, boldly threw myself in the pass_," &c.
I return you the original exposition of the vice-queen, Donna Maria
Ines Jauregui de Yturrigaray, and remain yours,
PATRICK MANGAN, Rector of the Irish College of Salamanca.
RICHARD R. KEENE, Colonel in the service H. C. M.
I hereby certify that the foregoing is a true copy of the originals
annexed to my current register. In witness whereof I grant these
presents, under my hand and seal, at New-Orleans, this 26th day of
December, 1836.
WILLIAM Y. LEWIS, Not. Pub.
The following short extracts from the letters of Colonel Burr to his
daughter, while he was imprisoned in Richmond, will serve to show the
state of his mind under circumstances thus oppressive and mortifying.
TO THEODOSIA.
"Richmond, March 27, 1807.
"My military escort having arrived at Fredericksburgh on our way to
Washington, there met a special messenger, with orders to convey me to
this place. Hither we came forthwith, and arrived last evening. It
seems that here the business is to be tried and concluded. I am to be
surrendered to the civil authority to-morrow, when the question of
bail will be determined. In the mean time I remain at the Eagle
tavern."
"April 26, 1807.
"Your letters of the 10th and those preceding seemed to indicate a
sort of stupor; but now you rise into phrensy. Another ten days will,
it is hoped, have brought you back to reason. It ought not, however,
to be forgotten that the letter of the 15th was written under a
paroxysm of the toothache.
"You have read to very little purpose if you have not remarked that
such things happen in all democratic governments. Was there in Greece
or Rome a man of virtue and independence, and supposed to possess
great talents, who was not the object of vindictive and unrelenting
persecution? Now, madame, I pray you to amuse yourself by collecting
and collating all the instances to be found in ancient history, which
you may connect together, if you please, in an essay, with
reflections, comments, and applications. This I may hope to receive
about the 22d of May. I promise myself great pleasure in the perusal,
and I promise you great satisfaction and consolation in the
composition."
"May 15, 1807.
"Respecting the approaching investigation, I can communicate nothing
new. The grand jury is composed of twenty democrats and four
federalists. Among the former is W. C. Nicholas, my vindictive and
avowed personal enemy--the most so that could be found in this state
(Virginia).
The most indefatigable industry is used by the agents of government,
and they have money at command without stint. If I were possessed of
the same means, I could not only foil the prosecutors, but render them
ridiculous and infamous. The democratic papers teem with abuse against
me and my counsel, and even against the chief justice. Nothing is left
undone or unsaid which can tend to prejudice the public mind, and
produce a conviction without evidence. The machinations of this
description which were used against Moreau in France were treated in
this country with indignation. They are practised against me in a
still more impudent degree, not only with impunity, but with applause;
and the authors and abettors suppose, with reason, that they are
acquiring favour with the administration."
"June 3, 1807.
"Still waiting for Wilkinson, and no certain accounts of his approach.
The grand jury, the witnesses, and the country grow impatient. It is
an ungracious thing, and so deemed, after having for six months been
branded as a traitor; after directing that Burr and his followers
should be attacked, put to death, and their property seized; after all
the violations of law and constitution which have been practised, that
government should now say it has not proof!
"Busy, busy, busy from morning till night--from night till morning,
yet there are daily amusing incidents; things at which you will laugh,
also things at which you will pout and scold."
"June 18, 1807.
"On Saturday morning General Wilkinson, with ten or eleven witnesses
from New Orleans, arrived in Richmond. Four bills were immediately
delivered to the grand jury against Blennerhassett and Burr; one for
treason and one for misdemeanour against each. The examination of the
witnesses was immediately commenced. They had gone through thirty-two
last evening. There are about forty-six. General Eaton has been
already examined. He came out of the jury-room in such rage and
agitation that he shed tears, and complained bitterly that he had been
questioned as if he were a villain. How else could he have been
questioned with any propriety?
"Poor Bollman is placed in a most awkward predicament. Some days ago
Mr. Hay, the district attorney, in open court tendered him a pardon
under the great seal and with the sign manual of _Thomas Jefferson_.
Bollman refused to receive it. Hay urged it upon him. Bollman said
that no man could force on him such a badge of infamy. Hay insisted
that he was a pardoned man, whether he would or not; and this question
will, probably, also come before the court in argument to-day or
to-morrow."
"June 22, 1807.
On Friday Mr. Hay complained that Burr had so constantly occupied the
court for the four weeks past with his extraordinary motions, that he
(Mr. Hay) could not get an opportunity of making one on his part; he
therefore gave notice that he should, at the first interval, move for
leave to send to the grand jury interrogatories for their instruction,
to be put to the witnesses, in order that the _whole truth_ might come
out.
"Burr said it was a thing without example, and which the court could
not permit without his assent; but he thought there was reason in the
proposal of Mr. Hay, and that he should cheerfully assent, with the
condition only that he (Burr) should also send interrogatories, to be
put to the same witnesses, the better to extract the _'whole truth.'_
"The court said that it certainly could not be permitted to Mr. Hay to
send interrogatories, being against usage and reason; but as Mr. Burr
had assented, there seemed to be no objection that both parties should
send in interrogatories; and such permission was granted, whereupon
Mr. Hay withdrew his motion."
"June 24, 1807.
"While we were engaged to-day in the argument of the question for an
attachment against Wilkinson, the grand jury came into court with
bills against Blennerhassett and myself for treason and misdemeanour.
Two bills against each of us. These indictments for treason are
founded on the following allegations: that Colonel Tyler, with twenty
or thirty men, stopped at Blennerhassett's Island on their way down
the Ohio; that though these men were not armed, and had no military
array or organization, and though they did neither use force nor
threaten it, yet, having set out with a view of taking temporary
possession of New-Orleans on their way to Mexico, that such intent was
treasonable, and therefore a war was levied on Blennerhassett's Island
by _construction_; and that, though Colonel Burr was then at Frankfort
on his way to Tennessee, yet, having advised the measure, he was, _by
construction of law_, present at the island, and levied war there. In
fact, the indictment charges that Aaron Burr was on that day present
at the island, though not a man of the jury supposed this to be true.
"This idea of _constructive war_ is, by this jury, carried far beyond
the dictum advanced by Judge Chace in the case of Fries; for Chace
laid down that the actual exertion of force, in a hostile or
traitorous manner, was indispensable to establish treason. Yet the
opinions of Chace in this case were complained of by the whole
republican party, and condemned by all the lawyers of all parties in
Philadelphia, as tending to introduce the odious and unconstitutional
doctrine of _constructive treason_.
"Out of fifty witnesses who have been examined before the grand jury,
it may be safely alleged that thirty at least have been perjured.
"I beg and expect it of you that you will conduct yourself as becomes
my daughter, and that you manifest no signs of weakness or alarm."
June 30, 1807.
"Of myself you could expect to hear nothing new; yet something new and
unexpected was moved yesterday. The counsel for the prosecution
proposed to the court that Aaron Burr should be sent to the
penitentiary for safe keeping, and stated that the governor and
council had offered to provide me with an apartment in the third story
of that building. This is extremely kind and obliging in the governor
and his council. The distance, however, would render it so
inconvenient to my counsel to visit me, that I should prefer to remain
where I am; yet the rooms proposed are said to be airy and healthy."
July 3, 1807.
"I have three rooms in the third story of the penitentiary, making an
extent of one hundred feet. My jailer is quite a polite and civil
man--altogether unlike the idea one would form of a jailer. You would
have laughed to have heard our compliments the first evening.
"_Jailer_. I hope, sir, it would not be disagreeable to you if I
should lock this door after dark.
"_Burr_. By no means, sir; I should prefer it, to keep out intruders.
"_Jailer_. It is our custom, sir, to extinguish all lights at nine
o'clock; I hope, sir, you will have no objection to conform to that.
"_Burr_. That, Sir, I am sorry to say, is impossible; for I never go
to bed till twelve, and always burn two candles.
"_Jailer_. Very well, sir, just as you please. I should have been glad
if it had been otherwise; but, as you please, sir.
"While I have been writing different servants have arrived with
messages, notes, and inquiries, bringing oranges, lemons, pineapples,
raspberries, apricots, cream, butter, ice, and some ordinary
articles."
"July 6, 1807.
"My friends and acquaintance of both sexes are permitted to visit me
without interruption, without inquiring their business, and without
the _presence of a spy_. It is well that I have an antechamber, or I
should often be gênê with visitors.
"If you come I can give you a bedroom and parlour on this floor. The
bedroom has three large closets, and it is a much more commodious one
than you ever had in your life. Remember, no agitations, no
complaints, no fears or anxieties on the road, or I renounce thee."
"July 24, 1807.
"I want an independent and discerning witness to my conduct and to
that of the government. The scenes which have passed and those about
to be transacted will exceed all reasonable credibility, and will
hereafter be deemed fables, unless attested by very high authority.
"I repeat what has heretofore been written, that I should never invite
any one, much less those so dear to me, to witness my disgrace. I may
be immured in dungeons, chained, murdered in legal form, but I cannot
be humiliated or disgraced. If absent, you will suffer great
solicitude. In my presence you will feel none, whatever may be the
_malice_ or the _power_ of my enemies, and in both they abound."
"July 30, 1807.
"I am informed that some good-natured people here have provided you a
house, and furnished it, a few steps from my _townhouse_. I had also
made a temporary provision for you in my townhouse, whither I shall
remove on Sunday; but I will not, if I can possibly avoid it, move
before your arrival, having a great desire to _receive you all in this
mansion_. Pray, therefore, drive directly out here. You may get
admission at any time from four in the morning till ten at night.
Write me by the mail from Petersburgh, that I may know of your
approach."
[On this letter is endorsed, in Theodosia's handwriting, "_Received on
our approach to Richmond. How happy it made me!_"]
The following was written after Theodosia had left Richmond and
returned to South Carolina.
"Richmond, September 28, 1807.
"It is impossible to predict when this business may terminate, as the
chief justice has gradually relaxed from former rules of evidence, and
will now hear any thing, without regard to distance of time or place.
Wilkinson has been examined, and had partly gone through the
cross-examination when we closed on Saturday. _He acknowledged, very
modestly, that he had made certain alterations in the letter received
from me, by erasures, &c., and then swore it to be a true copy._ He
has not yet acknowledged the substitution of names."
"October 9, 1807.
"Major Bruff, who was produced as a witness on my behalf, deposed
that, in a conversation with Dearborn and Rodney, the
attorney-general, in March last, he accused Wilkinson of several
crimes, and gave the names of witnesses who would establish the
charges. Those gentlemen replied that General Wilkinson _had_ stood
very low in the estimation of the President, but that his energetic
conduct at New-Orleans had raised him in estimation; that he now stood
very high, and that the president would support him; that if the
government should now prosecute Wilkinson, or do any thing to impair
his credit, Burr would escape, and that was just what the federalists
and the enemies to the administration wished."
"October 23, 1807.
"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 the treason, he directed that Burr and Blennerhassett
should give bail in three thousand dollars for further trial in Ohio.
This opinion was 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_. Mr. Hay
immediately said that he should advise the government to _desist from
further prosecution_. That he has actually so advised there is no
doubt.
"A. BURR."
Footnotes:
1. At this period Blennerhassett was at war with both Colonel Burr and
Alston, on the subject of their pecuniary transactions.
2. Former mercantile partner of Blennerhassett, and contractor for
building Burr's boats on the Muskingum.