Burr was arrested on the Tombigbee river, Mississippi territory, on a
charge of treason against the United States; and was conveyed to
Richmond, Virginia, for trial. Other arrests were made of persons
supposed to be concerned with him in his treasonable scheme--among
them were Generals Adair and Dayton, Blannerhasset, Swartwout,
Alexander, Smith, Bollman, Ogden, &c. Burr and Blannerhasset alone
were brought to trial. The trial of the former took place in May,
1807, before the circuit court of the United States, Judge Marshall
presiding. No indictment was found by the grand jury until the 25th of
June, when two bills were presented against Burr--one for treason, the
other for a misdemeanor. On the 30th of June, he was committed to the
penitentiary for safe keeping until the 3d day of August. From the 5th
until the 17th of August, the court was engaged in obtaining a jury
and discussing points of law. On that day, the treason case was
opened, and an examination of witnesses on the part of the government
commenced. On the 1st of September, the case was given to the jury,
and as no overt act was proved against Colonel Burr to sustain the
charge of treason committed within the state of Virginia, the jury
rendered a verdict of "Not guilty."
On the 9th of September, a jury was empaneled to try Colonel Burr on
the indictment for misdemeanor, which consisted of seven counts; the
substance of which was, that Aaron Burr did set on foot a military
enterprise, to be carried on against the territory of a foreign
prince, viz: the province of Mexico, which was within the territory of
the king of Spain, with whom the United States were at peace. After
proceeding in the trial at some length, the district attorney himself
moved that the jury should be discharged--the evidence of the guilt of
the accused not appearing, sufficient. To a discharge of the jury
without the rendition of a verdict, Burr objected; whereupon the jury
retired, and soon returned with a verdict of "Not guilty."
The distinguished talents of Colonel Burr, his well-known cunning and
intrigue, and the eminent station he had occupied in the United States,
together with the grave charges against him of a contemplated
dismemberment of the Union, with other projects--all combined to attach
interest and importance to his trial. In his message to congress,
developing the designs of Burr, as the government understood them,
President Jefferson accused him of designing to revolutionize the
territory west of the Alleganies, and of establishing an independent
government, of which New Orleans was to be the capital, and himself the
chief. In addition to this project, Colonel Burr, it was alleged, had
formed another, which, in case of the failure of the first, might be
carried on independent of it, viz: an attack on Mexico, and an
establishment of an empire there. To serve as a pretext for all his
preparations, and an allurement for such followers as really wished to
acquire settlements in that country, it was stated that a third object
was provided--the settlement of the pretended purchase of a tract of
land on the Washita, claimed by a Baron Bastrop.
Such were the plans of Burr, according to intelligence communicated
from time to time to the government of the United States. On the
belief of the guilt of Burr, or through utter hostility to him,
Jefferson acted; and with an evident design to prevent his escape, he
succeeded in procuring the passage of a bill in the senate for
suspending the writ of habeas corpus; but it was rejected by the
house, by the strong vote of one hundred and thirteen to nineteen.
Burr, to his dying day, denied any intention of dismembering the
Union; but avowed the projects which did not involve the charge of
treason. "In his latter days," says his biographer, "Colonel Burr had
no longer any motive for concealment; nor did he evince the least
desire to suppress the facts in relation to any of his acts, even
where the promulgation of those facts was calculated to effect his
moral character. According to his representation, repeated at a time,
and under circumstances the most solemn and impressive, (Burr at this
time was expected to survive but a short time,) his views were
twofold, viz: _First_, The revolutionizing of Mexico; and, _Second_, A
settlement on what was known as the Bastrop lands."
It is further added by his biographer, that "during the years 1806 and
1807, Herman Blennerhasset 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 the particular statements of Truxton, Bollman,[69] and others,
and repudiate the idea of treasonable designs. It appears that in
December, 1805, Blennerhasset 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 Blennerhasset proposed to join Burr in any expedition
that might be undertaken against the Spanish dominions.
"In August, 1806, in consequence of this overture, Burr visited
Blannerhasset at his home on the Ohio, and the next day rode with him
to Marietta, and then separated, Burr being on his way to Chilicothe.
From Marietta to Blannerhasset's was about fifteen miles. Some time
after, Burr returned to Blannerhasset, to whom he 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."
We have thus given such a statement of this subject as our limits
permit, and as seems due to the respective parties engaged in it.
Different opinions will doubtless be entertained with reference to
Burr's real designs. That he contemplated the dismemberment of the
Union, and the founding of an empire, of which New Orleans was to be
the centre, and himself the head, will be questioned by some. That he
was capable of devising such a project, and would have accomplished
it, if in his power, no one acquainted with the deep designing
character of the murderer of Hamilton, can doubt. With exalted
talents--with an early education and parental counsel, as liberal and
watchful as ever, perhaps, fell to the lot of mortal to enjoy--with
the favor and patronage of a people, seldom so generously conferred,
or so long and uniformly enjoyed--Burr proved himself a selfish,
unprincipled man. One thing is certain, and this he admitted--that he
designed the invasion and overthrow of the Mexican government, and the
erection of an independent power in its place. And to further his
views, he induced not a few, by "inuendoes and otherwise," to believe
that his arrangements for the accomplishment of this were with the
knowledge, if not the approbation, of the United States' government.
_France and England, 1806._--A contest between these two powers, which
had been waging for some time, and which had involved the whole of
Europe, began now seriously to affect the commercial interests of
America. It being the obvious policy of the latter to preserve a strict
neutrality in respect to these belligerent powers, every act of the
American government had respect to maintaining the same. Being neutral,
her vessels carried from port to port the productions of France and her
dependent kingdoms; and also to the ports of those kingdoms, the
manufactures of England, bringing, by means of this "carrying trade,"
vast wealth to the nation. These advantages were, however, too great to
be long enjoyed unmolested. American ships, carrying to Europe the
produce of French colonies, were captured by British cruisers, and
condemned by their courts as lawful prizes; and now, several European
ports, under the control of France, were, by British orders in council,
May 16, 1806, declared to be in a state of blockade, although not
invested with a British fleet; and American vessels, attempting to enter
those ports, were also captured and condemned. France and her allies
suffered from these proceedings, but far less than the United States. By
way of retaliation, in November of the same year, Buonaparte issued a
decree at _Berlin_, declaring the British islands to be in a state of
blockade, and of course authorizing the capture and condemnation of all
neutral vessels attempting to trade with them. Thus, from the
retaliatory measures of these two rival powers, the commerce of the
United States was seriously injured.
Although the relations of Great Britain and America were at this time
ostensibly pacific, yet there existed, and had long existed, a claim
on the part of Great Britain, and a pretence under that claim, which
was denied by the several presidents during their administrations.
This was what was denominated "the right of search"--founded upon the
English principle, that no act of a subject can change his allegiance
to the government under which he was born. Upon this principle, Great
Britain, soon after the peace of 1783, claimed the right to board and
search neutral vessels, and take therefrom all British seamen found
therein. In the exercise of this pretended right, citizens of the
United States had been seized, and, being transported to a distant
part of the world, had been compelled to perform the degrading part of
British sailors. Notwithstanding the remonstrances of Washington,
Adams, and Jefferson, the odious practice was still continued, and
every year was adding to its aggravations.
_Attack on the Chesapeake._--At length, an event occurred, growing out
of this pretended "right of search," which roused the indignation of
the American people.
A British armed ship, called the Melampus, while lying in Hampton roads,
lost, by desertion, several of her crew, viz: William Ware, Daniel
Martin, John Strachan, John Little, and Ambrose Watts. Not long after,
the first three offered themselves for enlistment on board the
Chesapeake, then at Norfolk, Virginia, preparing for the Mediterranean.
The British consul at Norfolk; being apprised of this circumstance,
wrote a letter to the American naval officer, requesting these men to
be returned. With this request the officer refusing to comply, the
British agent requested an order from government for their surrender.
An examination, however, into the characters and claims of the men in
question, resulted in proof that Ware, Martin, and Strachan, were
natives of America. The two former had _protections_, or notarial
certificates of their being American citizens. Strachan had no
_protection_, but asserted that he lost it previously to his escape.
Such being the circumstances of the men, the government refused to
surrender them.
On the 22d of June, the Chesapeake weighed anchor, and proceeded to
sea. She passed the British ships Bellona and Melampus, lying in
Lynnhaven bay. There were two ships lying off Cape Henry, one of
which, the Leopard, Captain Humphreys, weighed anchor, and, in a few
hours, came alongside the Chesapeake.
A British officer immediately came on board, and demanded the
deserters. To this, Captain Barron replied, that he did not know of
any being there, and that his duty forbade him to allow of any muster
of his crew, except by their own officers.
During this interview, Barron, noticing some proceedings of a hostile
nature on board the adverse ship, gave orders, on the departure of the
officer, to clear his gun-deck, and, after some time, directed his men
to their quarters secretly, and without beat of drum; still, however,
without any serious apprehensions of an attack.
Before these orders could be executed, the Leopard commenced a heavy
fire, which proved very destructive. In thirty minutes, the hull,
rigging, and spars of the Chesapeake were greatly damaged; three men
were killed and sixteen wounded; among the latter, was the captain
himself. Such was the previous disorder, that, during this time, the
utmost exertions were insufficient to prepare the ship for action, and
the captain thought proper to strike his colors.
The British captain refused to accept the surrender of the Chesapeake,
but took from her crew Ware, Martin, and Strachan, the three men
formerly demanded as deserters, and a fourth, John Wilson, claimed as
a runaway from a merchant ship.
"On receiving information of this outrage, the president, by
proclamation, interdicted the harbors and waters of the United States
to all armed British vessels, forbade intercourse with them, and
ordered a sufficient force for the protection of Norfolk, and such
other preparations as the occasion appeared to require. An armed
vessel of the United States was dispatched, with instructions to the
American minister at London, to call on the British government for the
satisfaction and security which the outrage required."
Pursuant to these instructions, Mr. Monroe, then minister resident at
the court of St. James, demanded reparation; and, as an essential part
of that reparation, security against future impressments from American
ships. But Mr. Canning, the British minister, objected to uniting
these subjects, and Mr. Monroe not being authorized to treat them
separately, Mr. Rose was dispatched, by the English government, as
envoy extraordinary to the United States, to adjust the difficulty
which had arisen on account of the Chesapeake.[70]
_Orders in Council._--In November, Great Britain issued her orders in
council, which measure she declared to be in retaliation of the French
decree of November, 1806. By these orders, all neutral nations were
prohibited from trading with France or her allies, excepting upon the
payment of a tribute to England.
_Milan Decree._--Scarcely had the news of the adoption of the above
orders reached Milan, where Buonaparte then was, than he issued,
December 17th, a retaliatory decree, called the "Milan Decree," which
confiscated any and every vessel found in any of his ports, which had
allowed herself to be searched by an English ship, or had paid the
tribute demanded.
_Embargo._--Congress had been summoned, by proclamation of the
president, to meet as early as the 27th of October. The wanton attack
upon the Chesapeake had filled the country with indignation--all
parties felt the national honor insulted; forgetting, for the time,
political jealousies and animosities, all concurred in demanding
satisfaction for the outrage.
There were other subjects, also, which, in the opinion of the
executive, required the thoughtful consideration of the national
legislature. The conduct of the continental belligerents was preying
upon the vital interests of America. Great Britain was asserting
rights which could never be allowed, and assuming a lofty tone which
would excite no other feelings but indignation.
In view of the circumstances of the country, the president recommended
to congress to lay an embargo--by which measure he designed to detain
seamen, ships, and merchandise in port, to preserve them from the
dangers to which they were exposed on the ocean; but the higher
motive for recommending such a measure, probably, was the hope of
thereby inducing--coercing, we might with more truth say--the
belligerent powers to respect the laws of nations. In accordance with
the recommendation of the president, an embargo was laid.
This measure was not without its commercial and political effects. The
large shipping interest then in the United States was locked up by
means of it, and vessels abroad, which were obliged to come in, could
go out no more. To the New England states, which were prëeminently
commercial, the embargo was highly obnoxious. They believed the
measure both impolitic and oppressive.
A rapid change in the political opinions of the people of New England
was the consequence. A large majority, embracing many who had supported
the administration, now united with the federal party, and opposed its
measures with zeal. Thus pressed by public sentiment, the government
felt the necessity of repealing the embargo, which it was the more
willing to do, from the consideration that it had failed to effect its
principal object; but, at the same time, another law was passed,
prohibiting all intercourse with France and Great Britain for one year.
"Provision was made in this law, that, should either of the hostile
nations revoke her edict, so that the neutral commerce of the United
States should be no longer violated, the president should immediately
make it known by proclamation, and, from that time, the non-intercourse
law should cease to be enforced as it regarded that nation."
_Election of Mr. Madison._--In this critical posture of affairs, the
period having again arrived for the election of president, Mr.
Jefferson signified his determination to follow and confirm the
example of Washington, by retiring to private life at the expiration
of his second term. "Never did a prisoner," said he, "released from
his chains, feel such relief as I shall, on shaking off the shackles
of power. I thank God for the opportunity of retiring from them
without censure, and carrying with me the most constant proofs of
public approbation. I leave every thing in the hands of men so able to
take care of them, that, if we are destined to meet misfortunes, it
will be because no human wisdom could avert them." James Madison was
chosen his successor, and George Clinton rëelected vice-president. The
following table presents the result of the official canvass:
Key: A. James Madison, of Virginia.
B. George Clinton, of New York.
C. C. C. Pinckney, of S. Carolina.
D. George Clinton, of New York.
E. James Madison, of Virginia.
F. James Monroe, of Virginia.
G. John Langdon, N Hampshire.
H. Rufus King, of New York.
---------+-----------------+--------------+------------------------
No. of | | PRESIDENT. | VICE-PRESIDENT.
Electors | STATES. |--------------+------------------------
from each| | A. | B. | C. | D. | E. | F. | G. | H.
State. | | | | | | | | |
---------+-----------------+----+----+----+----+----+----+----+----
7 | New Hampshire, | | | 7 | | | | | 7
19 | Massachusetts, | | | 19 | | | | | 19
4 | Rhode Island, | | | 4 | | | | | 4
9 | Connecticut, | | | 9 | | | | | 9
6 | Vermont, | 6 | | | | | | 6 |
19 | New York, | 13 | 6 | | 13 | 3 | 3 | |
8 | New Jersey, | 8 | | | 8 | | | |
20 | Pennsylvania, | 20 | | | 20 | | | |
3 | Delaware, | | | 3 | | | | | 3
11 | Maryland, | 9 | | 2 | 9 | | | | 2
24 | Virginia, | 24 | | | 24 | | | |
14 | North Carolina, | 11 | | 3 | 11 | | | | 3
10 | South Carolina, | 10 | | | 10 | | | |
6 | Georgia, | 6 | | | 6 | | | |
7 | Kentucky, | 7 | | | 7 | | | |
5 | Tennessee, | 5 | | | 5 | | | |
3 | Ohio, | 3 | | | | | | 3 |
---------+-----------------+----+----+----+----+----+----+----+----
175 | Whole No. of | | | | | | | |
| electors, |122 | 6 | 47 |113 | 3 | 3 | 9 | 47
| Majority, 88 | | | | | | | |
FOOTNOTES:
[69] Commodore Truxton and Doctor Bollman testified before the court,
that they were both intimate with Colonel Burr; that in their
conversation with him, there had been no reserve; and that they had
never heard him speak of a dissolution of the Union.
[70] This unhappy difficulty was not finally adjusted till 1811. Mr.
Rose reached America December 25th. But, having no authority to
negotiate until the president should rëcall his proclamation of July
2d, and the president declining to accede to such a preliminary, the
negotiations, for the time, closed. In November, 1811, the British
minister communicated to the secretary of state, that the attack on
the Chesapeake was unauthorized by his majesty's government; that the
officer at that time in command on the American coast, had been
rëcalled; that the men, taken from the Chesapeake, should be restored,
and that suitable pecuniary provision should be made for those who
suffered in the attack, and for the families of the seamen that fell.
To these propositions the president acceded. But the question,
touching the right of search, was left undecided.
IX. JAMES MADISON, PRESIDENT
[Illustration]
INAUGURATED AT WASHINGTON, MARCH 4, 1809.
GEORGE CLINTON AND ELBRIDGE GERRY, VICE-PRESIDENTS
HEADS OF THE DEPARTMENTS.
Robert Smith, Maryland, March 6, 1809,} Secretaries
James Monroe, Virginia, November 25, 1811,} of State.
Albert Gallatin, Pennsylvania, (_continued in_ }
_office_), } Secretaries
George W. Campbell, Tennessee, February 9, 1814,} of Treasury.
Alexander J. Dallas, Pennsylvania, October 6, 1814,}
William Eustis, Massachusetts, March 7, 1809,}
John Armstrong, New York, January 13, 1813,} Secretaries
James Monroe, Virginia, September 27, 1814,} of War.
William H. Crawford, Georgia, March 3, 1815,}
Paul Hamilton, South Carolina, March 7, 1809,}
William Jones, Pennsylvania, January 12, 1813,} Secretaries
Benjamin W. } of the
Crowninshield, Massachusetts, December 17, 1814,} Navy.
Gideon Granger, Connecticut, (_continued in_ } Postmasters
_office_), } General.
Return J. Meigs, Ohio, March 17, 1814,}
Cæsar A. Rodney, Delaware, (_continued in_ }
_office_), } Attorneys
William Pinkney, Maryland, December 11, 1811,} General.
Richard Rush, Pennsylvania, February 10, 1814,}
SPEAKERS OF THE HOUSE OF REPRESENTATIVES.
Joseph B. Varnum, Massachusetts, Eleventh Congress, 1809.
Henry Clay, Kentucky, Twelfth do. 1811.
Henry Clay, Kentucky, Thirteenth do. 1813.
Langdon Cheves, South Carolina, Thirteenth do. 1814.
Henry Clay, Kentucky, Fourteenth do. 1815.
In his address, delivered on the occasion of his inauguration, Mr.
Madison alluded to "the present situation of the world as without a
parallel, and that of the United States as full of difficulties." The
two leading powers of Europe, France and England, were still engaged
in arraying against each other commercial edicts, which tended
directly to destroy the commerce of nations disposed to pursue a
neutral policy. The United States, moreover, were suffering by means
of restrictions upon their commerce, imposed by the federal
government. The condition of the people, especially the commercial
portion of it, was gloomy and depressing. A vast amount of capital,
invested in shipping, was lying idle, and rapidly diminishing in
value. Neither the embargo nor non-intercourse had had the effect to
induce either of the belligerent powers to pause in their wanton and
unjust restrictions and decrees. On the contrary, their obnoxious
measures were growing oppressive every month. The patience of the
United States' government was nearly exhausted. Every thing betokened
a speedy resort to arms.
The principal events and measures which subsequently signalized the
administration of Mr. Madison, were as follows:
Battle of Tippecanoe, Rëelection of Mr. Madison,
Early Session of Congress, Capture of York,
Declaration of War, Siege of Fort Meigs,
Surrender of Hull, Perry's Victory,
Capture of the Guerriere, Battle of the Thames,
Battle of Queenstown, Creek War,
Capture of the Frolic, Battle of Chippewa and Bridgewater,
Capture of the Macedonian, Capture of Washington,
Capture of the Java, Engagement on Lake Champlain,
Battle of Frenchtown, Battle of New Orleans,
Capture of the Peacock, Treaty of Ghent,
Close of Mr. Madison's Administration.
_Battle of Tippecanoe._--This battle, fought on the 7th of November,
1811, was doubtless one of the most spirited and best-fought actions
recorded in the annals of Indian warfare.
For several years, the Indian tribes on our Western frontier had
exhibited a restless and hostile spirit, engendered by the intrigues
of two twin-brothers of the Shawnee tribe, Tecumseh, the _Crouching
Panther_, and Ol-li-wa-chi-ca, the _Open Door_, generally known as the
Prophet. The former was a bold and skillful warrior, sagacious in
council, and formidable in battle; the latter was cunning, cruel,
cowardly, and treacherous.
One important object of these brothers, was to form a general
combination of the north-western and south-western Indians, for the
purpose of preventing the whites from extending their settlements west
of those already existing, and perhaps of recovering the valley of the
Mississippi--a territory which, from its great fertility, they
naturally and strongly desired to possess.