CHAPTER XIX.

MARCH 30, 1807, in a room at the Eagle Tavern in Richmond,

Aaron Burr was brought before Chief-Justice Marshall for examination

and commitment. Although Burr had been but a few days in the town,

he was already treated by many persons as though he had conferred

honor upon his country. Throughout the United States the Federalists,

who formed almost the whole of fashionable society, affected to

disbelieve in the conspiracy, and ridiculed Jefferson’s sudden fears.

The Democrats had never been able to persuade themselves that the

Union was really in danger, or that Burr’s projects, whatever they

were, had a chance of success; and in truth Burr’s conspiracy, like

that of Pickering and Griswold, had no deep roots in society, but was

mostly confined to a circle of well-born, well-bred, and well-educated

individuals, whose want of moral sense was one more proof that the

moral instinct had little to do with social distinctions. In the case

of Burr, Jefferson himself had persistently ignored danger; and no one

denied that if danger ever existed, it had passed. Burr was fighting

for his life against the power of an encroaching government; and human

nature was too simply organized to think of abstract justice or remote

principles when watching the weak fight for life against the strong.

Even the Democrats were more curious to see Burr than to hang him; and

had he gone to the gallows, he would have gone as a hero, like Captain

Macheath amidst the admiring crowds of London.

Between Captain Macheath and Colonel Burr was more than one point of

resemblance, and the “Beggar’s Opera” could have been easily paralleled

within the prison at Richmond; but no part of Burr’s career was more

humorous than the gravity with which he took an injured tone, and

maintained with success that Jefferson, being a trivial person, had

been deceived by the stories of Eaton and Wilkinson, until, under the

influence of causeless alarm, he had permitted a wanton violation of

right. From the first step toward commitment, March 30, to the last day

of the tedious trials, October 20, Burr and his counsel never ceased

their effort to convict Jefferson; until the acquittal of Burr began

to seem a matter of secondary importance compared with the President’s

discomfiture.

Over this tournament the chief-justice presided as arbiter.

Blennerhassett’s island, where the overt act of treason was charged to

have taken place, lay within the chief-justice’s circuit. According as

he might lean toward the accused or toward the government, he would

decide the result; and therefore his leanings were a matter of deep

interest. That he held Federalist prejudices and nourished a personal

dislike to Jefferson was notorious; but apart from political feelings

he had given no clew to his probable legal bias except in his recent

decision upon the case of Bollman and Swartwout. In discharging these

two agents of Burr on the ground that no overt act of levying war was

alleged against them, Marshall had taken occasion to define the law of

treason as a guide to the attorney-general in the coming indictment of

Burr:--

“It is not the intention of the Court to say that no individual

can be guilty of this crime who has not appeared in arms against

his country. On the contrary, if war be actually levied,--that

is, if a body of men be actually assembled for the purpose of

effecting by force a treasonable purpose,--all those who perform

any part, however minute, or however remote from the scene of

action, and who are actually leagued in the general conspiracy,

are to be considered as traitors. But there must be an actual

assembling of men for the treasonable purpose, to constitute a

levying of war.”

On the strength of this opinion, the attorney-general undertook to

convict Burr of treason for the acts committed under his direction at

Blennerhassett’s island, although at the time when these acts were

committed Burr himself was in Kentucky, two hundred miles away.

The task was difficult, and Burr’s experience as a lawyer enabled

him to make it more difficult still. He retained the ablest counsel

at the bar. First of these was Edmund Randolph, prominent among the

older Virginia lawyers, who had been attorney-general and Secretary of

State in President Washington’s Cabinet. Edmund Randolph’s style of

address was ponderous, and not always happy; to balance its defects

Burr employed the services of John Wickham, another Virginian, whose

versatility and wit were remarkable. A third Virginian, Benjamin Botts,

was brought into the case, and proved a valuable ally. Finally Luther

Martin was summoned from Baltimore; and Martin’s whole heart was with

his client. In defending Justice Chase, Luther Martin had made a

great name; but hatred for the Democrats and their President became a

secondary passion in his breast. His zeal for Burr was doubled by a

sudden idolatry which the sexagenarian conceived for Burr’s daughter

Theodosia, who came to her father’s side at Richmond.

The government was represented by no one of equal force with these

opponents. John Breckinridge, the Attorney-General of the United

States, died in December, 1806. Jan. 20, 1807, President Jefferson

appointed Cæsar A. Rodney to the post. Although Rodney’s abilities were

respectable, he could hardly have wished to be confronted at once by

the most important and difficult State prosecution ever tried under

Executive authority. Rodney’s duties or his health prevented him from

attendance. He barely appeared at Richmond in the preliminaries, and

then left the case in the hands of the district-attorney, George Hay,

who took his orders directly from Jefferson, with whom he was in active

correspondence. To assist Hay the President engaged the services of

William Wirt, then thirty-five years old, and promising to become an

ornament to the bar; but in the profession of the law age gave weight,

and Wirt, though popular, conscientious, admired, and brilliant in

a florid style of oratory, suffered as a lawyer from his youth and

his reputation as an orator. He was hardly more capable than Hay of

conducting a case which drew upon every resource of personal authority.

The third counsel, Alexander McRae, Lieutenant-Governor of Virginia,

was inferior both in ability and in tact to either of his associates.

His temper irritated Hay and offended the Court, while his arguments

added little strength to the prosecution.

The first object of the government was to commit Burr for trial

on the charge of treason as well as of misdemeanor; but Marshall

promptly checked all hopes of obtaining aid from the court. April 1

the chief-justice delivered an opinion on the question of commitment,

and took that opportunity to give the district-attorney a warning.

Declining to commit Burr for treason without evidence stronger than the

affidavits of Eaton and Wilkinson, Marshall blamed the Executive with

asperity for neglect of duty in providing proof of treason:--

“Several months have elapsed since this fact did occur, if

it ever occurred. More than five weeks have elapsed since

the opinion of the Supreme Court has declared the necessity

of proving the fact if it exists. Why is it not proved? To

the Executive government is intrusted the important power of

prosecuting those whose crimes may disturb the public repose or

endanger its safety. It would be easy in much less time than has

intervened since Colonel Burr has been alleged to have assembled

his troops, to procure affidavits establishing the fact.”

Accordingly Burr was committed only for misdemeanor, and five

securities immediately offered themselves on his behalf. At three

o’clock on the afternoon of April 1 he was again at liberty, under

bonds for ten thousand dollars to appear at the next circuit court, May

22, at Richmond.

Marshall’s reproof of Executive slowness was not altogether respectful

to the co-ordinate branch of government. No doubt treasonable

assemblages had taken place in December, and affidavits could have

been brought from Marietta or Nashville within six or eight weeks had

the government known precisely what would be needed, or where the

evidence was to go; but no judge could reasonably require that the

Executive should within five weeks obey a hint from the Supreme Court

which implied a long correspondence and inquiry at spots so remote

as Blennerhassett’s island, Lexington, Nashville, Fort Massac, and

Chickasaw Bluffs. Jefferson was naturally indignant at being treated

with so little courtesy. He wrote with extreme bitterness about

Marshall’s “tricks to force trials before it is possible to collect

the evidence.”[315] He returned threat for threat, with something in

addition:--

“In what terms of decency can we speak of this? As if an express

could go to Natchez or the mouth of the Cumberland and return

in five weeks, to do which has never taken less than twelve!...

But all the principles of law are to be perverted which would

bear on the favorite offenders who endeavor to overturn this

odious republic!... All this, however, will work well. The

nation will judge both the offender and judges for themselves.

If a member of the Executive or Legislature does wrong, the day

is never far distant when the people will remove him. They will

see then and amend the error in our Constitution which makes

any branch independent of the nation. They will see that one

of the great co-ordinate branches of the government, setting

itself in opposition to the other two and to the common-sense of

the nation, proclaims impunity to that class of offenders which

endeavors to overturn the Constitution, and are protected in it

by the Constitution itself; for impeachment is a farce which

will not be tried again. If their protection of Burr produces

this amendment, it will do more good than his condemnation would

have done; ... and if his punishment can be commuted now for a

useful amendment of the Constitution, I shall rejoice in it.”

In substance Jefferson said that if Marshall should suffer Burr to

escape, Marshall himself should be removed from office. No secret was

made of this intention. The letter in which Jefferson announced the

threat was written to the Virginia senator William B. Giles, who had

been foremost in every attack upon the Judiciary, and would certainly

lead the new one; but Giles was not the confidant of a secret,--the

idea was common, as Marshall knew. The little society that swarmed in

the court-room and in the streets of Richmond could see without an

effort that the President courted a challenge from Marshall, and that

the chief-justice on his side, for a second or third time, welcomed a

trial of skill and address with the President. If Marshall was in truth

the gloomy and malignant conspirator that Jefferson imagined him to be,

he might easily excuse or justify the President’s intended course.

Punctually, May 22, the next act began. The question of commitment had

been a matter of no great consequence; that of indictment was vital.

Burr must be indicted, not merely for misdemeanor, but for treason;

and to leave no doubt of success, the government summoned a cloud

of witnesses to appear before the grand jury. The town swarmed with

conspirators and government agents. The grand jury--containing some

of the most respected citizens of Virginia--was sworn, and the court

instructed the clerk to place John Randolph as foreman. A long delay

ensued. General Wilkinson, the most important witness for government,

was on his way from New Orleans; and while waiting his arrival from

day to day, the grand jury took evidence and the court listened to

the disputes of counsel. The district-attorney moved to commit Burr

on the charge of treason, while Burr on his side moved for a subpœna

_duces tecum_ to be directed to the President, requiring him to

produce certain papers in evidence. This motion was evidently part of

a system adopted by the defence for annoying and throwing odium on the

Executive,--a system which Burr’s counsel rather avowed than concealed,

by declaiming against the despotism of government and the persecution

of which Burr was a victim. Luther Martin, at the first moment of his

appearance in court, launched into an invective against Jefferson:--

“The President has undertaken to prejudge my client by declaring

that ‘of his guilt there can be no doubt.’ He has assumed the

knowledge of the Supreme Being himself, and pretended to search

the heart of my highly respected friend. He has proclaimed him a

traitor in the face of that country which has rewarded him. He

has let slip the dogs of war, the hell-hounds of persecution,

to hunt down my friend. And would this President of the United

States, who has raised all this absurd clamor, pretend to keep

back the papers which are wanted for this trial, where life

itself is at stake?”

A long argument followed. Hay, while admitting that the President might

be generally subpœnaed as a witness, held that no need of a subpœna had

been shown, and that in any case a subpœna _duces tecum_ ought not

to be issued. The chief-justice, after hearing counsel on both sides,

read June 13 an elaborate decision, which settled the point in Burr’s

favor.

“If upon any principle,” said he, “the President could be

construed to stand exempt from the general provisions of the

Constitution, it would be because his duties as chief magistrate

demand his whole time for national objects. But it is apparent

that this demand is not unremitting; and if it should exist at

the time when his attendance on a court is required, it would be

sworn on the return of the subpœna, and would rather constitute

a reason for not obeying the process of the court than a reason

against its being issued.... It cannot be denied that to issue

a subpœna to a person filling the exalted station of the chief

magistrate is a duty which would be dispensed with much more

cheerfully than it would be performed; but if it be a duty, the

court can have no choice in the case.”

Nothing could irritate Jefferson more sensibly than this decision. Only

a few months before, in the trial of Smith and Ogden for complicity

with Miranda, he had ordered his Cabinet to disregard the summons of

the court. Luther Martin did not fail to fling reproach on him for

this act. “In New York, on the farcical trial of Ogden and Smith, the

officers of the government screened themselves from attending, under

the sanction of the President’s name. Perhaps the same farce may be

repeated here.” To be insulted by Martin and to be ordered about the

country by Marshall, exasperated Jefferson beyond reason. He wrote

letter after letter to Hay, filled with resentment:--

“The leading feature of our Constitution is the independence of

the Legislature, Executive, and Judiciary of each other; and

none are more jealous of this than the Judiciary. But would the

Executive be independent of the Judiciary if he were subject

to the _commands_ of the latter, and to imprisonment for

disobedience; if the smaller courts could bandy him from pillar

to post, keep him constantly trudging from north to south and

east to west, and withdraw him entirely from his executive

duties?”[316]

The Judiciary never admitted the propriety of this reasoning,[317]

which was indeed no answer to Marshall’s argument. Unless the President

of the United States were raised above the rank of a citizen, and

endowed with more than royal prerogatives, no duty could be more

imperative upon him than that of lending every aid in his power to the

Judiciary in a case which involved the foundations of civil society

and government. No Judiciary could assume at the outset that Executive

duties would necessarily be interrupted by breaking Jefferson’s long

visits to Monticello in order to bring him for a day to Richmond.

Consciousness of this possible rejoinder disturbed the President’s mind

so much that he undertook to meet it in advance:--

“The Judge says ‘_it is apparent_ that the President’s

duties as chief magistrate do not demand his whole time, and are

not unremitting.’ If he alludes to our annual retirement from

the seat of government during the sickly season, he should be

told that such arrangements are made for carrying on the public

business, at and between the several stations we take, that

it goes on as unremittingly there as if we were at the seat of

government.”

The district-attorney would hardly have dared tell this to the

chief-justice, for he must have felt that Marshall would treat it as

an admission. If arrangements could be made for carrying on the public

business at Monticello, why could they not be made for carrying it on

at Richmond?

Perhaps temper had more to do with Jefferson’s reasoning than he

imagined. Nothing could be better calculated to nettle a philosophic

President who believed the world, except within his own domain, to

be too much governed, than the charge that he himself had played the

despot and had trampled upon private rights; but that such charges

should be pressed with the coarseness of Luther Martin, and should

depend on the rulings of John Marshall, seemed an intolerable outrage

on the purity of Jefferson’s intentions. In such cases an explosion

of anger was a common form of relief. Even President Washington was

said to have sometimes dashed his hat upon the ground, and the second

President was famous for gusts of temper.

“I have heard, indeed,” wrote Jefferson,[318] “that my

predecessor sometimes decided things against his Council by

dashing and trampling his wig on the floor. This only proves,

what you and I knew, that he had a better heart than head.”

Wigs were Federalist symbols of dignity and power. Republicans wore

no wigs, and could use no such resource in moments of rage; but had

President Jefferson worn the full paraphernalia of Federalism,--wig

and powder, cocked hat and small sword,--he would never have shown

his passion in acts of violence or in physical excitement. His

sensitiveness relieved itself in irritability and complaints, in

threats forgotten as soon as uttered, or in reflections tinged with a

color of philosophic thought. His first impulse was to retaliate upon

Martin and thrust him into the criminal dock. He wrote to Hay,[319]--

“Shall we move to commit Luther Martin as _particeps

criminis_ with Burr? Graybell will fix upon him misprision

of treason at least. And at any rate his evidence will put down

this unprincipled and impudent Federal bulldog, and add another

proof that the most clamorous defenders of Burr are all his

accomplices.”

To the attorney-general he wrote in the same words:[320] “I think

it material to break down this bulldog of Federalism.” Jefferson’s

irritation rarely lasted long, and it evaporated with these words.

Martin railed unmolested.

No one fretted by personal feeling could cope with the Rhadamanthine

calm of John Marshall. The President could not successfully strike

back; he was fortunate if he should succeed in warding off his enemies’

blows. In the midst of these controversies and irritations, June

15, General Wilkinson arrived. The audiences which in those days

still crowded to the theatre and laughed at the extraordinary wit and

morality of the “Beggar’s Opera,” found none of its possible allusions

more amusing than the often-quoted line which seemed meant to point at

James Wilkinson. “That Jemmy Twitcher should peach me, I own surprised

me. ’Tis a plain proof that the world is all alike, and that even our

gang can no more trust one another than other people.” Wilkinson had

not a friend; even Daniel Clark turned against him. To break him down,

to prove by his own confession that he was a pensioner of Spain and

an accomplice with Burr, was the known object of the defence; but the

disgrace of Wilkinson would also discredit the President and shake the

Administration which Wilkinson had saved. Whatever the consequences

might be, Jefferson could not allow Wilkinson to suffer.

When Major Bruff, of the artillery, came from St. Louis to Washington

early in March, 1807, three months before Burr’s indictment, he made

bitter complaints to the Secretary of War, accusing the general,

under whose orders he served, of being a spy of Spain and a traitor

with Burr.[321] General Dearborn listened without contradiction, and

replied that there had been a time when General Wilkinson did not

stand well with the Executive, but his energetic measures at New

Orleans had regained him Executive confidence, and the President would

sustain him; that after the actual bustle was over there might perhaps

be an inquiry, but meanwhile Wilkinson must and would be supported.

Attorney-General Rodney went even further.

“What would be the result,” he asked Bruff, “if all your charges

against General Wilkinson should be proven? Why, just what

the Federalists and the enemies of the present Administration

wish,--it would turn the indignation of the people from Burr on

Wilkinson. Burr would escape, and Wilkinson take his place.”

Rodney did not add, what was patent to all the world, that if Wilkinson

were to be convicted, President Jefferson himself, whose negligence

had left the Western country, in spite of a thousand warnings, at the

General’s mercy, could not be saved from the roughest handling. The

President and his Cabinet shrank from Marshall’s subpœnas because

under the examination of Wickham, Botts, and Luther Martin they would

be forced either to make common cause with the General, or to admit

their own negligence. The whole case hung together. Disobedience of

the subpœna was necessary for the support of Wilkinson; support of

Wilkinson was more than ever necessary after refusing to obey the

subpœna. The President accepted his full share in the labor. No sooner

did he hear of Wilkinson’s arrival, at the moment when his own subpœna

was issued and defied, than he wrote a letter calculated to give the

General all the confidence he needed:[322]--

“Your enemies have filled the public ear with slanders and your

mind with trouble on that account. The establishment of their

guilt will let the world see what they ought to think of their

clamors; it will dissipate the doubts of those who doubted for

want of knowledge, and will place you on higher ground in the

public estimate and public confidence. No one is more sensible

than myself of the injustice which has been aimed at you.

Accept, I pray you, my salutations and assurances of respect and

esteem.”

As an American citizen Jefferson had the right to respect and esteem

whom he pleased, and need not even excuse his friendships. The world

often loved and cherished its worst rogues,--its Falstaffs, Macheaths,

and Burrs,--and Jefferson was not exempt from such weakness; but that

his respect and esteem for Wilkinson should require him to retain

a pensioned Spanish spy and a confederate with Burr and Dayton at

the head of the United States army during several years of extreme

public danger, was a costly consequence to the people whose confidence

Jefferson claimed and held. John Randolph saw this point clearly, and

his bloodhound instinct detected and followed, without hesitation, the

trail that led to the White House. Whether the chief-justice intended

it or not, he never struck Jefferson a blow so mischievous as when he

directed the clerk to place John Randolph as foreman of the grand

jury.[323] Randolph’s nature revolted from Wilkinson; and if the

President and the General could be gibbeted together, Randolph was the

man to do it.

Such was the situation when the General was sworn and sent before

the grand jury June 15, where his appearance, if his enemy could be

believed, was abject.

“Under examination all was confusion of language and of looks,”

wrote Randolph to Nicholson.[324] “Such a countenance never did

I behold; there was scarcely a variance of opinion among us

as to his guilt. Yet this miscreant is hugged to the bosom of

Government while Monroe is denounced.”

Randolph ardently wished to indict the General at the same time with

Burr; and while he strained every nerve to effect this purpose in the

grand-jury room, Burr and his counsel in the court-room moved for

an attachment against Wilkinson for attempting to obstruct the free

course of justice by oppression of witnesses. The district-attorney

resisted both attempts with all his authority; and June 24, to the

disappointment of his enemies, Wilkinson escaped.

“Yesterday,” wrote Randolph, June 25,[325] “the grand jury

found bills for treason and misdemeanor against Burr and

Blennerhassett _una voce_, and this day presented Jonathan

Dayton, ex-senator, John Smith of Ohio, Comfort Tyler, Israel

Smith of New York, and Davis Floyd of Indiana, for treason; but

the mammoth of iniquity escaped,--not that any man pretended to

think him innocent, but upon certain wire-drawn distinctions

that I will not pester you with. Wilkinson is the only man that

I ever saw who was from the bark to the very core a villain.

The proof is unquestionable; but, my good friend, I cannot

enter upon it here. Suffice it to say that I have seen it, and

that it is not susceptible of misconstruction. Burr supported

himself with great fortitude. He was last night lodged in the

common town jail (we have no State prison except for convicts),

where I daresay he slept sounder than I did. Perhaps you never

saw human nature in so degraded a situation as in the person of

Wilkinson before the grand jury; and yet this man stands on the

very summit and pinnacle of Executive favor, while James Monroe

is denounced.”

In the debates of the next session, when Randolph followed up his

attacks on Jefferson by trying to identify him with Wilkinson’s

misdeeds, a fuller account was given of the plea which saved Wilkinson

from presentment.

“There was before the grand jury,” said Randolph,[326] “a motion

to present General Wilkinson for misprision of treason. This

motion was overruled upon this ground,--that the treasonable

(overt) act having been alleged to be committed in the State

of Ohio, and General Wilkinson’s letter to the President of

the United States having been dated, though but a short time,

prior to that act, this person had the benefit of what lawyers

would call a legal exception, or a fraud; but I will inform the

gentleman that I did not hear a single member of the grand jury

express any other opinion than that which I myself expressed, of

the moral, not of the legal, guilt of the party.”

In the evidence taken by a Congressional committee in 1811 regarding

Wilkinson,[327] several members of the grand jury were called to

testify; and their accounts showed that the motion to present General

Wilkinson for misprision of treason was made by Littleton W. Tazewell,

and supported by Randolph and three or four other members of the grand

jury. One witness thought that the vote stood 9 to 7.

Narrow though the loophole might be, Wilkinson squeezed through it. The

indictment of Burr was at length obtained. The conspirators, who had

at first vehemently averred that Wilkinson would never dare to appear,

and who if he should appear intended to break him down before the grand

jury, were reduced to hoping for revenge when he should come on the

witness-stand. Meanwhile, June 26, Burr pleaded not guilty, and the

court adjourned until August 3, when the trial was to begin.

Thus far the President had carried everything before him. He had

produced his witnesses, had sustained Wilkinson, indicted Burr, and

defied Marshall’s subpœnas. This success could not be won without

rousing passion. Richmond was in the hands of the conspirators, and

they denounced Jefferson publicly and without mercy, as they denounced

Wilkinson and every other government officer.

“As I was crossing the court-house green,” said an

eye-witness,[328] “I heard a great noise of haranguing some

distance off. Inquiring what it was, I was told it was a great

blackguard from Tennessee, one Andrew Jackson, making a speech

for Burr and damning Jefferson as a persecutor.”

Hay wrote to the President, June 14:[329]--

“General Jackson, of Tennessee, has been here ever since the

22d, denouncing Wilkinson in the coarsest terms in every

company. The latter showed me a paper which at once explained

the motive of this incessant hostility. His own character

depends on the prostration of Wilkinson’s.”

This paper was no doubt Jackson’s secret denunciation to Claiborne.

Young Samuel Swartwout, who had some reason to complain of the

ridiculous figure he had been made to cut, jostled Wilkinson in the

street, and ended by posting him for a coward. John Randolph echoed

Luther Martin’s tirades against the President. Randolph was in despair

at Jefferson’s success.

“My friend,” he wrote to Nicholson,[330] “I am standing on the

soil of my native country divested of every right for which our

fathers bled. Politics have usurped the place of law, and the

scenes of 1798 are again revived. Men now see and hear, and

feel and think, _politically_. Maxims are now advanced and

advocated which would almost have staggered the effrontery of

Bayard or the cooler impudence of Chauncey Goodrich when we were

first acquainted.”

All this work was but skirmishing. The true struggle had still to come.

So long as the President dealt only with grand jurors and indictments,

he could hardly fail to succeed; but the case was different when he

dealt directly with Chief-Justice Marshall and with the stubborn words

of the Constitution, that “no person shall be convicted of treason

unless on the testimony of two witnesses to the same overt act, or on

confession in open court.” The district-attorney was ready with a mass

of evidence, but the chief-justice alone could say whether a syllable

of this evidence should be admitted; and hitherto the chief-justice had

by no means shown a bias toward the government. Hay was convinced that

Marshall meant to protect Burr, and he wrote to the President on the

subject:[331]--

“The bias of Judge Marshall is as obvious as if it was stamped

upon his forehead. I may do him injustice, but I do not believe

that I am, when I say that he is endeavoring to work himself up

to a state of f[irmness?] which will enable [him] to aid Burr

throughout the trial without appearing to be conscious of doing

wrong. He seems to think that his reputation is irretrievably

gone, and that he has now nothing to lose by doing as he

pleases. His concern for Mr. Burr is wonderful. He told me

many years ago, when Burr was rising in the estimation of the

Republican party, that he was as profligate in principle as he

was desperate in fortune. I remember his words; they astonished

me. Yet when the grand jury brought in their bill, the

chief-justice gazed at him for a long time, without appearing

conscious that he was doing so, with an expression of sympathy

and sorrow as strong as the human countenance can exhibit

without palpable emotion.”

August 3 the court opened its session and the trial began. Not until

August 17 was the jury impanelled; and meanwhile a new figure appeared

at Burr’s side. Blennerhassett arrived in Richmond August 4, and was

brought before the court August 10. He began at once a private journal

of the trial, which remained the only record of what passed among the

conspirators. As each witness appeared, Blennerhassett told the gossip

regarding him.

“The once redoubted Eaton,”[332] who was put first upon the

stand, “has dwindled down in the eyes of this sarcastic town

into a ridiculous mountebank, strutting about the streets under

a tremendous hat, with a Turkish sash over colored clothes, when

he is not tippling in the taverns, where he offers up with his

libations the bitter effusions of his sorrows.”

“Old sly-boots” Dayton,[333] he said, was lurking about corners.

Wilkinson[334] “exhibited the manner of a sergeant under a

court-martial rather than the demeanor of an accusing officer

confronted with his culprit. His perplexity and derangement,

even upon his direct examination, has placed beyond all doubt

‘his honor as a soldier and his fidelity as a citizen.’”

These comments were sharp, yet the pages of Blennerhassett’s diary were

not so severe upon any of the witnesses for the government as they were

upon Burr himself. Blennerhassett had wakened to the discovery that

Burr was, after all, but a vulgar swindler. The collapse of Burr’s

courage when confronted by Cowles Meade and the Mississippi militia at

Cole’s Creek January 17; his desertion of Blennerhassett and his flight

toward Spanish territory; the protest of the bills which he had drawn

on pretended funds in New York, and which Blennerhassett had indorsed

under Allston’s guaranty; the evident wish of Allston to repudiate

this guaranty as he had repudiated Burr; and the ruin which had fallen

on Blennerhassett’s property at the island,--taught the Irishman how

thoroughly he had been duped:[335]--

“The present trial cannot fail to furnish ample testimony, if

not to the guilt, at least to the defect of every talent under

the assumption of which this giddy adventurer has seduced so

many followers of riper experience and better judgment than

myself.”

Yet Burr’s mastership in deportment, his superficial dignity, his

cheerfulness and sanguine temperament, and the skill with which he

managed legal tactics, made an impression on Blennerhassett’s mind:--

“As a jockey might restore his fame in the course after he

had injured it on the tight-rope, so, perhaps, the little

‘Emperor’ at Cole’s Creek may be forgotten in the attorney at

Richmond.”[336]

For a few days the trial went on undisturbed, while the government

put Eaton, Truxton, Peter Taylor, the Morgans, and a number of

other witnesses on the stand to prove an overt act of treason at

Blennerhassett’s island; but nothing short of Blennerhassett’s own

confession could place the matter in a clear light, and Burr’s chief

fear was evidently that Blennerhassett should turn State’s evidence. To

prevent this, Allston was persuaded to pay the more pressing demands

against Blennerhassett, and Burr exerted himself to conciliate him.

On the other hand, Jefferson seemed to hope that he could be won

over.[337] Duane, of the “Aurora,” visited him in prison August 23,

and offered to serve as an intermediary with the government.[338]

Had matters gone as the President hoped, something might have come

of this manœuvre; but before further pressure could be employed, the

chief-justice struck the prosecution dead.

August 19 Burr’s counsel suddenly moved to arrest the evidence. The

government, they said, had gone through all its testimony relating to

the overt act charged in the indictment; it admitted that Burr was

hundreds of miles distant from the scene; and as the district-attorney

was about to introduce collateral testimony of acts done beyond the

jurisdiction of the court, it became the duty of the defence to object.

For ten days this vital point was argued. All the counsel on either

side exerted themselves to the utmost. Wickham’s opening speech on

the nature of treason was declared by as good a judge as Littleton

Tazewell to be “the greatest forensic effort of the American bar.”[339]

Luther Martin spoke fourteen hours, beginning with an almost passionate

allusion to his idol Theodosia. William Wirt exhausted his powers

of argument and oratory, and in the course of his address made the

rhetorical display which became familiar to every American, and which

introduced a sort of appeal to Blennerhassett to turn against the more

guilty crew who were trying to sacrifice him to save themselves:--

“Who is Blennerhassett? A native of Ireland, a man of letters,

who fled from the storms of his own country to find quiet in

ours.”

George Hay was neither so efficient nor so dexterous as Wirt, and

either intentionally or by awkwardness succeeded in giving the

impression of threatening the court:[340]--

“Mr. Bott says that we are now advocating opinions which

on Fries’ trial we condemned.... I beg leave to assure the

gentleman that the censure which the judge drew on himself was

not on account of his opinions, however incorrect they might

be, but for his arbitrary and irregular conduct at the trial,

which was one of the principal causes for which he was afterward

impeached. He attempted to wrest the decision from the jury, and

prejudge the case before hearing all the evidence in it,--the

identical thing which this court is now called on by these

gentlemen to do.”

That Hay, knowing well Jefferson’s thoughts and the magic that

hung about the word “impeachment,” should have used these words

inadvertently seemed hardly credible. If he did so, his clumsiness

was as offensive as the threat could have been, for the idea of

impeachment was in the air of the court-house. Burr’s counsel at once

retaliated.[341] “It was very kind of the gentleman to remind the court

of the danger of a decision of the motion in favor of the prisoner.”

Hay protested that he had spoken innocently, and the chief-justice

said that the allusion had not been taken as personal; but the

unpleasant impression remained. “The gentleman plainly insinuated the

possibility of danger to the court,” persisted the defence; and Luther

Martin added,[342]--

“I do not know whether it were intended by this observation that

your honors should be apprehensive of an impeachment in case you

should decide against the wishes of the government. I will not

presume that it was used with that view, but it is susceptible

of being so misunderstood, however innocently or inadvertently

it may have been made.”

August 31 the chief-justice read his decision. Much the longest of

Marshall’s judicial opinions; elaborately argued, with many citations,

and with less simple adherence to one leading thought than was usual

in his logic,--this paper seemed, in the imagination of Marshall’s

enemies, to betray a painful effort to reconcile his dictum in

Bollman’s case with the exclusion of further evidence in the case of

Burr. To laymen, who knew only the uncertainties of law; who thought

that the assemblage on Blennerhassett’s island was such an overt act

as might, without violent impropriety, be held by a jury to be an act

of levying war; and who conceived that Burr, although absent from the

spot, was as principal present in a legal sense such as would excuse a

jury in finding him guilty,--an uneasy doubt could not fail to suggest

itself that the chief-justice, with an equal effort of ingenuity,

might have produced equal conviction in a directly opposite result. On

the other hand, the intent of the Constitution was clear. The men who

framed that instrument remembered the crimes that had been perpetrated

under the pretence of justice; for the most part they had been

traitors themselves, and having risked their necks under the law they

feared despotism and arbitrary power more than they feared treason.

No one could doubt that their sympathies, at least in 1788, when the

Constitution was framed, would have been on the side of Marshall’s

decision. If Jefferson, since 1788, had changed his point of view, the

chief-justice was not under obligations to imitate him.

“If it be said that the advising or procurement of treason is

a secret transaction which can scarcely ever be proved in the

manner required by this opinion, the answer which will readily

suggest itself is that the difficulty of proving a fact will not

justify conviction without proof.”

At the close of his decision the chief-justice, with simple dignity

which still compels respectful admiration, took up the gauntlet which

the district-attorney had flung at his feet. As though turning from the

crowd in the court-room to look for a moment directly into the eyes of

the President, the threatened chief-justice uttered a few words that

were at once answer and defiance:--

“Much has been said in the course of the argument on points on

which the Court feels no inclination to comment particularly,

but which may perhaps not improperly receive some notice.

“That this Court dares not usurp power is most true; that this

Court dares not shrink from its duty is not less true. No man

is desirous of placing himself in a disagreeable situation; no

man is desirous of becoming the peculiar subject of calumny;

no man, might he let the bitter cup pass from him without

self-reproach, would drain it to the bottom; but if he has no

choice in the case,--if there is no alternative presented to him

but a dereliction of duty or the opprobrium of those who are

denominated the world,--he merits the contempt as well as the

indignation of his country who can hesitate which to embrace....

“No testimony relative to the conduct or declarations of the

prisoner elsewhere and subsequent to the transactions on

Blennerhassett’s island can be admitted; because such testimony,

being in its nature merely corroborative, and incompetent to

prove the overt act in itself, is irrelevant until there be

proof of the overt act by two witnesses.”

On the following day, September 1, District-Attorney Hay abandoned the

case, and the jury entered a verdict of “Not guilty.” Hay instantly

reported to Monticello the result of his efforts, and added criticisms

upon Marshall:[343]--

“Wirt, who has hitherto advocated the _integrity_ of the

chief-justice, now abandons him. This last opinion has opened

his eyes, and he speaks in the strongest terms of reprobation.”

September 4 Jefferson replied in the tone which always accompanied his

vexation:[344]--

“Yours of the 1st came to hand yesterday. The event has been

what was evidently intended from the beginning of the trial;

that is to say, not only to clear Burr, but to prevent the

evidence from ever going before the world. But this latter

case must not take place. It is now, therefore, more than ever

indispensable that not a single witness be paid or permitted to

depart until his testimony has been committed to writing....

These whole proceedings will be laid before Congress, that they

may decide whether the defect has been in the evidence of guilt,

or in the law, or in the application of the law, and that they

may provide the proper remedy for the past and the future.”

Accordingly, although the trial for treason was at an end, the

district-attorney pressed the indictment for misdemeanor; and until

October 19 the chief-justice was occupied in hearing testimony

intended for use not against Burr, but against himself. Then at last

the conspirators were suffered to go their way, subject to legal

proceedings in Ohio which the government had no idea of prosecuting;

while the President, mortified and angry, prepared to pursue Marshall

instead of Burr. The Federalists, who always overrated the strength

of party passions, trembled again for the Judiciary; but in truth

nothing was to be feared. The days of Jefferson’s power and glory had

passed forever, while those of Marshall had barely begun. Even on

the testimony, the President’s case was far from being so clear as

he had hoped and expected. His chief witness, Wilkinson, could only

with difficulty be sustained; and the district-attorney, who began by

pledging himself before the court to show the falsity of the charges

which had been brought against the General, ended by admitting their

truth.

“The declaration which I made in court in his favor some time

ago,” wrote Hay to the President at the close,[345] “was

precipitate; and though I have not retracted it, everybody sees

that I have not attempted the task which I in fact promised to

perform. My confidence in him is shaken, if not destroyed. I am

sorry for it, on his own account, on the public account, and

because you have expressed opinions in his favor; but you did

not know then what you will soon know, and what I did not learn

until after--long after--my declaration above mentioned.”

The hint was strong. If Wilkinson were discredited, Jefferson himself

was in danger. To attack the Supreme Court on such evidence was to

invite a worse defeat than in the impeachment of Chase. Meanwhile the

country had graver dangers to think about, and enemies at its doors who

were not to be curbed by proclamations or impeachments.

END OF VOL. III.

FOOTNOTES:

[1] Diary of J. Q. Adams (March 4, 1805), i. 373.

[2] Jefferson’s Writings (Ford), viii. 341.

[3] Gallatin’s Writings, i. 227.

[4] Jefferson to General Heath, Dec. 13, 1804; Jefferson MSS.

[5] Jefferson to Robert Smith, Jan. 3, 1805; Jefferson MSS.

[6] Crowninshield to Jefferson, Jan. 29, 1805; Jefferson MSS. State

Department Archives.

[7] Dearborn to Robertson, March 20, 1805; State Papers, vol. v.;

Indian Affairs, i. 700.

[8] Message of Jan. 30, 1808; State Papers, vol. v.; Indian Affairs, i.

752.

[9] Jefferson to Gallatin, May 29, 1805; Gallatin’s Writings, 232.

[10] Monroe and Pinckney to Cevallos, Jan. 28, 1805; State Papers, ii.

636.

[11] Cevallos to Monroe and Pinckney, Jan. 31, 1805; State Papers, ii.

636.

[12] Monroe and Pinckney to Madison, May 23, 1805; State Papers, ii.

667.

[13] Pinckney and Monroe to Cevallos, Feb. 5, 1805; State Papers, ii.

640.

[14] Cevallos to Monroe and Pinckney, Feb. 10, 1805; State Papers, ii.

541.

[15] Cevallos to Monroe and Pinckney, Feb. 16, 1806; State Papers, ii.

643.

[16] Cevallos to Monroe and Pinckney, Feb. 24, 1805; State Papers, ii.

644.

[17] Monroe and Pinckney to Cevallos, Feb. 26, 1805; State Papers, ii.

646.

[18] Monroe’s diary at Aranjuez, March 16, 1805; Monroe MSS.

[19] Monroe to Armstrong, March 1, 1805; MSS. State Department Archives.

[20] Armstrong to Monroe, March 12 and 18, 1805; State Papers, ii. 636.

[21] Pinckney and Monroe to Cevallos, March 30, 1805; State Papers, ii.

657.

[22] Monroe and Pinckney to Cevallos, April 9, 1805; State Papers, ii.

658.

[23] Monroe and Pinckney to Cevallos, April 12, 1805; State Papers, ii.

660.

[24] Cevallos to Pinckney and Monroe, April 13, 1805; State Papers, ii.

660.

[25] Monroe and Pinckney to Cevallos, April 20, 1805; State Papers, ii.

662.

[26] Monroe and Pinckney to Madison, 23 May, 1805; State Papers, ii.

668.

[27] Pinckney and Monroe to Cevallos, May 12, 1805; State Papers, ii.

665.

[28] Cevallos to Monroe and Pinckney, May 15, 1805; State Papers, ii.

666.

[29] Erving to Madison, Dec. 7, 1805; MSS. State Department Archives.

[30] Armstrong to Monroe, May 4, 1805; MSS. State Department Archives.

[31] Armstrong to Madison, July 3, 1805; MSS. State Department Archives.

[32] Cf. Correspondance de Napoleon, xxxii. 321.

[33] Monroe to Madison, June 30, 1805; MSS. State Department Archives.

[34] Monroe to Madison, Oct. 18, 1805; State Papers, iii. 106.

[35] Monroe to Madison, June 3, 1805; State Papers, iii. 93.

[36] Act of April 10, 1805; Instructions of June 29, 1805; Orders of

Aug. 3, 1805.

[37] See First Administration, ii. 400.

[38] Speech of Sir John Nicholl (Advocate-General), Feb. 11, 1805;

Cobbett’s Debates, iii. 407.

[39] Monroe to Madison, Aug. 16, 1805; State Papers, iii. 103.

[40] Monroe to Madison, Aug. 20, 1805; State Papers, iii. 105.

[41] Monroe to Madison, Oct. 18, 1805; State Papers, iii. 106. Monroe

to Colonel Taylor, Sept. 10, 1810; Monroe MSS., State Department

Archives.

[42] New Reasons for abolishing the Slave-Trade, 1807.

[43] War in Disguise, pp. 131–133.

[44] Bosanquet, Causes of the Depreciation, etc. p. 42.

[45] Jefferson to Madison, March 23, 1805; Madison MSS.

[46] Madison to Jefferson, March 27, 1805; Jefferson MSS.

[47] Jefferson’s Writings (Ford), viii. 350.

[48] See p. 8.

[49] Madison to Jefferson, Aug. 2, 1805; Jefferson MSS.

[50] Jefferson’s Writings (Ford), viii. 374.

[51] Jefferson to Madison, Aug. 7, 1805; Works, iv. 583.

[52] Jefferson to Madison, Aug. 17, 1805; Jefferson MSS.

[53] Madison to Jefferson, Aug. 20, 1805; Jefferson MSS.

[54] Jefferson to Madison, Aug. 27, 1805; Works iv. 585.

[55] Madison to Jefferson, Sept. 1, 1805; Jefferson MSS.

[56] Gallatin to Madison, Aug. 6, 1805; Gallatin’s Writings, i. 237.

[57] Madison to Jefferson, Sept. 1, 1805; Jefferson MSS.

[58] Gallatin to Jefferson, Sept. 12, 1805; Gallatin’s Writings, i. 241.

[59] Gallatin to Jefferson, May 30, 1805; Gallatin’s Writings, i. 233.

[60] Robert Smith to Jefferson, Sept. 10, 1805; Jefferson MSS.

[61] Jefferson to Madison, Sept. 16, 1805; Works, iv. 587.

[62] Madison to Jefferson, Sept. 30, 1805; Jefferson MSS.

[63] Jefferson to Madison, Sept. 18, 1805; Jefferson MSS.

[64] Jefferson’s Writings (Ford), viii. 380.

[65] Madison to Jefferson, Oct. 16, 1805; Jefferson MSS.

[66] Madison to Jefferson, Sept. 14, 1805; Jefferson MSS.

[67] Jefferson’s Writings (Ford), viii. 380.

[68] Jefferson’s Writings (Ford), viii. 381.

[69] Madison to Jefferson, Sept. 30, 1805; Jefferson MSS.

[70] Cabinet Memoranda; Jefferson’s Writings (Ford), i. 308.

[71] Turreau to Madison, 26 Thermidor, An xiii. (Aug. 14, 1805); MSS.

State Department Archives.

[72] Jefferson to Madison, Aug. 25, 1805; Works, iv. 584.

[73] Madison to Jefferson, Sept. 1, 1805; Jefferson MSS.

[74] Turreau to Talleyrand, 20 Messidor, An xiii. (July 9, 1805);

Archives des Aff. Étr., MSS.

[75] Turreau to Talleyrand, 30 Germinal, An xiii. (April 20, 1805);

Archives des Aff. Étr., MSS.

[76] State Papers, ii. 728.

[77] Napoleon to Talleyrand, 22 Thermidor, An xiii. (Aug. 10, 1805);

Correspondance, xi. 73.

[78] Talleyrand to Armstrong, 29 Thermidor, An xiii. (Aug. 16, 1805);

State Papers, ii. 726.

[79] Turreau to Madison, Jan. 3, 1806; State Papers, ii. 726.

[80] State Papers, ii. 682–695.

[81] Fragments of Voyages and Travels, by Captain Basil Hall, R. N., F.

R. S., London, 1856.

[82] Gallatin to Jefferson, April 16, 1807; Works, i. 335.

[83] Merry to Mulgrave, Sept. 2, 1805; MSS. British Archives.

[84] Merry to Mulgrave, Sept. 30, 1805; MSS. British Archives.

[85] Ibid.

[86] Merry to Mulgrave, Nov. 3, 1805; MSS. British Archives.

[87] Merry to Mulgrave, Nov. 3, 1805: MSS. British Archives.

[88] Merry to Mulgrave, Nov. 3, 1805; MSS. British Archives.

[89] Jefferson to Madison, Aug. 27, 1805; Writings, iv. 585.

[90] Armstrong to Madison, Sept. 10, 1805; MSS. State Department

Archives.

[91] Cabinet Memoranda; Jefferson’s Writings (Ford), i. 309.

[92] Merry to Mulgrave, Dec. 2, 1805; MSS. British Archives.

[93] Jefferson to Judge Cooper, Feb. 18, 1806; Jefferson MSS.

[94] Gallatin to Jefferson, Nov. 21, 1805; Gallatin’s Writings, i. 261.

[95] Jefferson to Gallatin, Nov. 24, 1805; Gallatin’s Writings, i. 264.

[96] Jefferson to Gallatin: Spanish Resolutions, 1805; Gallatin’s

Writings, i. 277.

[97] Gallatin to Jefferson, Dec. 3, 1805; Gallatin’s Writings, i. 278.

[98] Jefferson to Gallatin, Dec. 4, 1805; Gallatin’s Writings, i. 281.

[99] Jefferson to Bidwell, July 5, 1806; Writings, v. 14.

[100] Adams’s Randolph, p. 161.

[101] Turreau to Talleyrand, Jan. 20, 1806; Archives des Aff. Étr., MSS.

[102] Diary of J. Q. Adams (March 8, 1806), i. 419.

[103] Columbian Centinel, Dec. 21, 1805.

[104] Cabinet Memoranda; Jefferson’s Writings (Ford), i. 308.

[105] Diary of J. Q. Adams (Nov. 30, 1805), i. 376.

[106] Jefferson to Monroe, May 4, 1806; Writings (Ford), viii. 447.

[107] State Papers, ii. 613.

[108] First Letter of Decius, in the “Richmond Enquirer,” August, 1806.

[109] Nicholson to Gallatin, Dec. 8, 1805; Gallatin MSS.

[110] Decius, No. 1; Randolph’s speech of April 5, 1806; Annals of

Congress, 1805–1806, pp. 984–985.

[111] Decius, No. 1.

[112] Madison to Armstrong and Bowdoin, March 13, 1806; State Papers,

iii. 539.

[113] Diary of J. Q. Adams (Feb. 8, 1806), i. 405.

[114] Diary of J. Q. Adams (Jan. 15, 1806), i. 383.

[115] Act of Feb. 28, 1806; Annals of Congress, 1805–1806, p. 1228.

[116] Ames to Pickering; Ames’s Works, i. 342. Cf. Lodge’s Cabot, p.

315.

[117] Boston Memorial; Annals of Congress, 1806–1809, Appendix, p. 890.

[118] Message of Jan. 17, 1806; State Papers, ii. 727.

[119] Annals of Congress, 1793–1795, p. 155.

[120] Diary of J. Q. Adams (Feb. 13, 1806), i. 408.

[121] Randolph’s Speech of March 5, 1805; Annals of Congress,

1805–1806, p. 571.

[122] Merry to Mulgrave, Feb. 2, 1806; MSS. British Archives.

[123] Diary of J. Q. Adams (March 13, 1806), i. 420.

[124] Adams’s Randolph, p. 203.

[125] Diary of J. Q. Adams (Feb. 1, 1806), i. 395.

[126] Jefferson to Monroe, March 10, 1808; Works, v. 253.

[127] Annals of Congress, 1805–1806, p. 555.

[128] Annals of Congress, 1805–1806, p. 961.

[129] Jefferson to Monroe, March 16, 1806; Jefferson MSS.

[130] Jefferson to Monroe, March 18, 1806; Jefferson MSS.

[131] Adams’s Randolph, p. 199–202.

[132] Jefferson’s Writings (Ford), viii. 439.

[133] Samuel Smith to W. C. Nicholas, April 1, 1806; Nicholas MSS.

[134] Cf. Jefferson to W. C. Nicholas, March 24 and April 13, 1806.

Writings (Ford), viii. 434.

[135] W. C. Nicholas to Jefferson, April 2, 1806; Jefferson MSS.

[136] Annals of Congress, 1805–1806, p. 1107.

[137] Annals of Congress, March 26, 1806, p. 851.

[138] Diary of J. Q. Adams (Feb. 15, 1806), i. 410.

[139] Diary of J. Q. Adams (Feb. 20, 1806), i. 414.

[140] Miranda to Madison, Jan. 22, 1806; Madison MSS.

[141] Yrujo to Cevallos, Feb. 12, 1806; MSS. Spanish Archives.

[142] Yrujo to Turreau, Feb. 4, 1806; MSS. Spanish Archives.

[143] Turreau to Yrujo, Feb. 7, 1806; MSS. Spanish Archives.

[144] See p. 111.

[145] Merry to Lord Mulgrave, March 19, 1806; MSS. British Archives.

[146] Jefferson’s Writings (Ford), viii. 451.

[147] Merry to C. J. Fox, May 4, 1806; MSS. British Archives.

[148] Turreau to Talleyrand, Jan. 15, 1806; Archives des Aff. Étr., MSS.

[149] Turreau to Talleyrand, May 10, 1806; Archives des Aff. Étr., MSS.

[150] Jefferson to Bidwell, July 5, 1806; Works, v. 14; Jefferson MSS.

[151] Pickering to Gouverneur Morris, Oct. 21, 1814; Lodge’s Cabot, p.

535.

[152] Deposition of Matthew Lyon; Wilkinson’s Memoirs, ii. Appendix,

lxviii.

[153] Adair to Wilkinson, Jan. 27, 1806; Wilkinson’s Memoirs, ii.

Appendix, lxxvii.

[154] Wilkinson’s Memoirs, ii. 283.

[155] Daniel Clark to Wilkinson, Sept. 7, 1805; Wilkinson’s Memoirs,

ii. Appendix, xxxiii.

[156] Wilkinson to Clark, Oct. 12, 1807; Clark’s Proofs, p. 154.

[157] Wilkinson’s Memoirs, ii. Appendix, lxxxvi.

[158] Merry to Mulgrave, Aug. 4, 1805; MSS. British Archives.

[159] Turreau to Talleyrand, Feb. 13, 1806; Archives des Aff. Étr., MSS.

[160] Wilkinson’s Evidence, Burr’s Trial; Annals of Congress,

1807–1808, p. 611.

[161] Wilkinson’s Memoirs, ii. 303.

[162] Merry to Lord Mulgrave, Nov. 25, 1805; MSS. British Archives.

[163] Yrujo to Cevallos, Dec. 5, 1805; MSS. Spanish Archives.

[164] Yrujo to Cevallos, Jan. 1, 1806; MSS. Spanish Archives.

[165] Deposition of General Eaton; Life of William Eaton, p. 396.

[166] Burr to Wilkinson, Dec. 12, 1806; Wilkinson’s Memoirs, ii.

Appendix, lxxxiv.

[167] Evidence of Major Bruff, Burr’s Trial; Annals of Congress,

1807–1808, p. 597.

[168] Evidence of William Eaton, Burr’s Trial; Annals of Congress,

1807–1808, pp. 511, 512.

[169] Deposition of Jan. 26, 1807; Life of Eaton, p. 401.

[170] Wilkinson’s Memoirs, ii. Appendix, lxxxiii.

[171] Yrujo to Cevallos, May 14, 1806; MSS. Spanish Archives.

[172] Yrujo to Cevallos, June 9, 1806; MSS. Spanish Archives.

[173] Cevallos to Casa Yrujo, March 28, 1806; MSS. Spanish Archives.

[174] Cevallos to Casa Yrujo, July 12, 1806; MSS. Spanish Archives.

[175] Merry to C. J. Fox, June 1, 1806; MSS. British Archives.

[176] Blennerhassett Papers, p. 351.

[177] Blennerhassett Papers, p. 333; Blennerhassett to Allston, March

2, 1811.

[178] Blennerhassett Papers, pp. 397, 535.

[179] Yrujo to Cevallos, Nov. 10, 1806; MSS. Spanish Archives.

[180] Yrujo to Cevallos, Dec. 16, 1806; MSS. Spanish Archives.

[181] Merry to C. J. Fox, Nov. 2, 1806; MSS. British Archives.

[182] Gayarré’s Louisiana; Spanish Domination, pp. 192–199.

[183] See History of First Administration, p. 240.

[184] Marshall’s History of Kentucky, ii. 376–384.

[185] Daveiss to Jefferson, Jan. 10, 1806; View of the President’s

Conduct, by J. H. Daveiss, 1807. Clark’s Proofs, pp. 177–179.

[186] Daveiss to Jefferson, Feb. 10, 1806; View, etc. Cf. Marshall’s

History of Kentucky, ii. 401.

[187] See p. 278.

[188] Jefferson to Daveiss, Feb. 15, 1806; View, etc. Clark’s Proofs,

p. 179.

[189] Burr to John Smith, Oct. 26, 1806; Senate Report, p. 33.

[190] Marshall’s History of Kentucky, ii. 396.

[191] Cabinet Memoranda; Writings (Ford), i. 318.

[192] National Intelligencer, Jan. 12, 1807.

[193] Dearborn to Wilkinson, Nov. 27, 1806; Report of Committee, Feb.

26, 1811; 3 Sess. 11 Cong. p. 408.

[194] See Cabinet Memoranda of October 22, p. 278.

[195] Proclamation of Nov. 27, 1806; Wilkinson’s Memoirs, ii. Appendix,

xcvii.

[196] Jackson to Claiborne, Nov. 12, 1806; Burr’s Trial. Annals of

Congress, 1807–1808, p. 571.

[197] Letters of General Adair and General Jackson, 1817.

[198] Parton’s Burr, ii. 87.

[199] Parton’s Jackson, i. 322.

[200] Bissell to Andrew Jackson, Jan. 5, 1807; Annals of Congress,

1806–1807, p. 1017.

[201] Jefferson to Wilkinson, Jan. 3, 1807; Burr’s Trial. Annals of

Congress, 1807–1808, p. 580.

[202] Report of the Select Committee to the Kentucky Legislature, Dec.

2, 1806; National Intelligencer, Jan. 7, 1807.

[203] Wilkinson’s Evidence, Burr’s Trial; Annals of Congress,

1807–1808, p. 515.

[204] Wilkinson to Daniel Clark, Oct. 5, 1807; Clark’s Proofs, p. 154.

[205] Laussat to Decrès, 18 Germinal, An xii. (April 8, 1804); Archives

de la Marine, MSS. Gayarré’s Louisiana, iii. 10.

[206] Gayarré, Spanish Domination, p. 627.

[207] Laussat to Decrès, 18 Germinal, An xii. (April 8, 1804); Archives

de la Marine, MSS.

[208] Gayarré’s Louisiana, iii. 35.

[209] Gayarré’s Louisiana, iii. 161.

[210] Report of the Committee to inquire into the Conduct of General

Wilkinson, Feb. 26, 1811; 3 Sess. 11 Cong. p. 320.

[211] Gayarré’s Louisiana, iii. 151.

[212] Gayarré’s Louisiana, iii. 153.

[213] Gayarré’s Louisiana, iii. 154.

[214] Clark’s Proofs, p. 145.

[215] Clark to Wilkinson, Oct. 2, 1806; Clark’s Proofs, p. 157.

[216] Wilkinson’s Evidence, Burr’s Trial; Annals of Congress,

1807–1808, p. 518. Evidence of Lieutenant Spence, Report of House

Committee, Feb. 26, 1811; 3 Sess. 11 Cong., p. 312.

[217] Wilkinson to Smith, Sept. 28, 1806; Senate Report, Dec. 31, 1807,

p. 41.

[218] See p. 253.

[219] Wilkinson to Jefferson, Oct. 20 and 21, 1806; Wilkinson’s

Memoirs, ii. Appendix, xcv.

[220] Wilkinson to Freeman, Oct. 23, 1806; Wilkinson’s Memoirs, ii.

Appendix, ci.

[221] Wilkinson’s Evidence, Burr’s Trial; Annals of Congress,

1807–1808, p. 541.

[222] Wilkinson to Cushing, Nov. 7, 1806; Memoirs, ii. Appendix, xcix.

[223] Ibid.

[224] Ibid.

[225] Wilkinson to Jefferson, Nov. 12, 1806; Memoirs, ii. Appendix, c.

[226] Wilkinson to Claiborne, Nov. 12, 1806; Memoirs, ii. 328.

[227] Jackson to Claiborne, Nov. 12, 1806; Burr’s Trial. Annals of

Congress, 1807–1808, p. 571.

[228] Gayarré’s Louisiana, iii. 163.

[229] President’s Message of Jan· 22, 1807. Annals of Congress,

1806–1807, p. 43.

[230] Wilkinson to Daniel Clark, Dec. 10, 1806; Clark’s Proofs, p. 150.

[231] Clark’s Proofs, p. 151.

[232] Wilkinson to Daniel Clark, March 20, 1807; Clark’s Proofs, p. 151.

[233] Wilkinson to Daniel Clark, Oct. 5, 1807; Clark’s Proofs, p. 154.

[234] Deposition of John Shaw, Burr’s Trial; Annals of Congress,

1807–1808, p. 573.

[235] Evidence of Lieutenant Jacob Jackson, Burr’s Trial; Annals of

Congress, 1807–1808, p. 683.

[236] Blennerhassett Papers, p. 426.

[237] Blennerhassett Papers, p. 206.

[238] Robert Smith to Jefferson, Dec. 22, 1806; Jefferson MSS.

[239] Jefferson’s Writings (Ford), viii. 504.

[240] Randolph to Monroe, Jan. 2, 1807; Monroe MSS.

[241] Samuel Smith to W. C. Nicholas, Jan. 9, 1807; Nicholas MSS.

[242] Wilkinson to Jefferson, Dec. 14, 1806; Annals of Congress,

1806–1807, p. 1009.

[243] Diary of J. Q. Adams (Jan. 23, 1807), i. 445.

[244] Diary of J. Q. Adams (Feb. 21, 1807), i. 459.

[245] Yrujo to Cevallos, Jan. 28, 1807: MSS. Spanish Archives.

[246] Clark’s Proofs against Wilkinson, 1809.

[247] Jefferson’s Writings (Ford), viii. 502.

[248] Adams’s Randolph, p. 206.

[249] Adams’s Randolph, p. 208.

[250] Annals of Congress, 1806–1807, p. 389.

[251] Annals of Congress, 1806–1807, p. 598.

[252] Annals of Congress, 1806–1807, p. 610.

[253] Annals of Congress, 1806–1807, p. 398.

[254] Annals of Congress, 1806–1807, p. 400.

[255] Annals of Congress, 1806–1807, p. 168.

[256] Annals of Congress, 1806–1807, p. 183.

[257] Annals of Congress, 1806–1807, p. 238.

[258] Annals of Congress, 1806–1807, p. 267.

[259] Annals of Congress, 1806–1807, p. 477.

[260] Annals of Congress, 1806–1807, p. 626.

[261] Annals of Congress, 1806–1807, p. 635.

[262] Annals of Congress, 1806–1807, p. 635.

[263] Diary of J. Q. Adams, i. 464.

[264] Thiers, Consulat et Empire, vi. 30.

[265] Armstrong to Madison, Feb. 17, 1806; MSS. State Department

Archives.

[266] Armstrong to Madison, March 9, 1806; MSS. State Department

Archives.

[267] Madison to Armstrong and Bowdoin, March 13, 1806; MSS. State

Department Archives.

[268] Armstrong to Madison (private), May 4, 1806; MSS. State

Department Archives.

[269] Bowdoin to Jefferson, May 20, 1806; Jefferson MSS.

[270] Bowdoin to Jefferson, Oct. 20, 1806; Jefferson MSS.

[271] Armstrong to Madison, Oct. 10, 1806; MSS. State Department

Archives.

[272] Talleyrand to Vandeul, May 21, 1806; Archives, des Aff. Étr., MSS.

[273] Vandeul to Talleyrand, June 19, 1806; Archives des Aff. Étr., MSS.

[274] Vandeul to Talleyrand, June 23, 1806; Archives des Aff. Étr., MSS.

[275] Armstrong to Madison, Oct. 10, 1806; MSS. State Department

Archives.

[276] Talleyrand to Vandeul, July 3, 1806; Archives des Aff. Étr., MSS.

[277] Talleyrand to Vandeul, July 12, 1806; Archives des Aff. Étr., MSS.

[278] Talleyrand to Turreau, July 31, 1806; Archives des Aff. Étr., MSS.

[279] Armstrong to Madison, Dec. 24, 1806; State Papers ii. 805.

[280] Monroe to Madison, Feb. 12, 1806; MSS. State Department Archives.

[281] Monroe to Madison, April 3, 1806; State Papers, iii. 115.

[282] Monroe to Madison, April 18, 1806; State Papers, iii. 116.

[283] Monroe to Madison, May 17, 1806; State Papers, iii. 124.

[284] Madison to Monroe and Pinkney, May 17, 1806; State Papers, iii.

119.

[285] Jefferson to Monroe, May 4, 1806; Works, v. 12.

[286] Memoirs of Lord Holland, ii. 98–103.

[287] Oil without Vinegar, Medford, London, 1807.

[288] Monroe and Pinkney to Madison, Jan. 3, 1807; State Papers, iii.

145.

[289] American State Papers, iii. 151.

[290] Monroe to Colonel Taylor, 10 Sept., 1810; Monroe MSS., State

Department Archives.

[291] Order in Council, of Jan. 7, 1807; American State Papers, iii.

267.

[292] Cobbett’s Debates, viii. 632.

[293] Cobbett’s Debates, viii. 635.

[294] Howick to Erskine, Jan. 8, 1807; Cobbett’s Debates, x. 558.

Erskine to Madison, March 12, 1807; American State Papers, iii. 158.

[295] Edinburgh Review, xxii. 485.

[296] T. P. Courtney’s Additional Observations on the American Treaty,

London, 1808, p. 89.

[297] Madison to Monroe and Pinkney, Feb. 3, 1807; State Papers, iii.

153.

[298] Turreau to Talleyrand, Dec. 12, 1806; Archives des Aff. Étr., MSS.

[299] Turreau to Talleyrand, Jan. 12, 1807; Archives des Aff. Étr., MSS.

[300] Turreau to Talleyrand, Feb. 23, 1807; Archives des Aff. Étr., MSS.

[301] Turreau to Talleyrand, April 1, 1807; Archives des Aff. Étr., MSS.

[302] Turreau to Talleyrand, May 15, 1807; Archives des Aff. Étr., MSS.

[303] Erskine to Howick, March 6, 1807; MSS. British Archives.

[304] Diary of J. Q. Adams, i. 495.

[305] S. Smith to W. C. Nicholas, March 4, 1807; Nicholas MSS.

[306] S. Smith to W. C. Nicholas, March 4, 1807; Nicholas MSS.

[307] Madison to Erskine, March 20, 1807; State Papers, iii. 158.

[308] Same to same, March 29, 1807; Ibid., 159.

[309] Jefferson to Monroe, March 21, 1807; Works, v. 52.

[310] Jefferson to Bowdoin, April 2, 1807; Works, v. 63.

[311] Madison to Jefferson, April 20, 1807; Jefferson MSS.

[312] Madison to Jefferson, April 24, 1807; Jefferson MSS.

[313] Jefferson to Madison, April 21, 1807; Works, v. 69.

[314] Jefferson to Madison, April 21, 1807; Works, v. 74.

[315] Jefferson to W. B. Giles, April 20, 1807; Works, v. 65.

[316] Jefferson to Hay, June 20, 1807; Works, v. 102.

[317] U. S. _vs._ Kendall, Cranch’s Circuit Court Reports, v. 385.

[318] Jefferson to William Short, June 12, 1807; Works, v. 93. Cf.

Jefferson MSS.

[319] Jefferson to Hay, June 19, 1807; Works, v. 98.

[320] Jefferson to Rodney, June 19, 1807; Jefferson MSS.

[321] Major Bruff’s Testimony, Burr’s Trial; Annals of Congress,

1807–1808, pp. 598–600.

[322] Jefferson to Wilkinson, June 21, 1807; Works, v. 109.

[323] Wilkinson’s Memoirs, ii. 6.

[324] Randolph to Nicholson, June 28, 1807; Nicholson MSS.

[325] Randolph to Nicholson, June 25, 1807; Nicholson MSS.

[326] Annals of Congress, Jan. 11, 1808; Session of 1807–1808, p. 1397.

[327] Report of the Committee appointed to inquire into the Conduct

of General Wilkinson, Feb. 26, 1811, pp. 281, 298. Cf. National

Intelligencer, Aug. 3, 1807.

[328] Parton’s Life of Burr, ii. 107.

[329] Hay to Jefferson, June 14, 1807; Jefferson MSS.

[330] Randolph to Nicholson, June 25, 1807; Adams’s Randolph, p. 221.

[331] Hay to Jefferson, Aug. 11, 1807; Jefferson MSS.

[332] Blennerhassett Papers, p. 315.

[333] Blennerhassett Papers, p. 397.

[334] Blennerhassett Papers, p. 422.

[335] Blennerhassett Papers, p. 373.

[336] Blennerhassett Papers, p. 343.

[337] Jefferson to Hay, Aug. 20. 1807; Works, v. 174.

[338] Blennerhassett Papers, p. 356.

[339] Grigsby’s Tazewell, p. 73.

[340] Burr’s Trial, ii. 193.

[341] Burr’s Trial, ii. 238.

[342] Burr’s Trial, ii. 369.

[343] Hay to Jefferson, Sept. 1, 1807; Jefferson MSS.

[344] Jefferson to Hay, Sept. 4, 1807; Works, v. 187. Cf. Jefferson MSS.

[345] Hay to Jefferson, Oct. 15, 1807; Jefferson MSS.

Transcriber’s Notes:

1. Obvious printers’, punctuation and spelling errors have been

corrected silently.

2. Some hyphenated and non-hyphenated versions of the same words have

been retained as in the original.

3. Where hyphenation is in doubt, it has been retained as in the

original.

4. Italics are shown as _xxx_.

History of the United States of America, Volume 3 (of 9) · 第 19 / 19 章