CHAPTER XXI.

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.

Memoirs of Aaron Burr, Complete · 第 19 / 21 章