The Life of John Marshall, Volume 3: Conflict and construction, 1800-1815

by Albert J. Beveridge

THE BURR CONSPIRACY

My views are such as every man of honor and every good citizen must approve. (Aaron Burr.)

His guilt is placed beyond question. (Jefferson.)

I never believed him to be a Fool. But he must be an Idiot or a Lunatic if he has really planned and attempted to execute such a Project as is imputed to him. But if his guilt is as clear as the Noonday Sun, the first Magistrate ought not to have pronounced it so before a Jury had tryed him. (John Adams.)

On March 2, 1805, not long after the hour of noon, every Senator of the United States was in his seat in the Senate Chamber. All of them were emotionally affected—some were weeping.[752] Aaron Burr had just finished his brief extemporaneous address[753] of farewell. He had spoken with that grave earnestness so characteristic of him.[754] His remarks produced a curious impression upon the seasoned politicians and statesmen, over whose deliberations he had presided for four years. The explanation is found in Burr's personality quite as much as in the substance of his speech. From the unprecedented scene in the Senate Chamber when the Vice-President closed, a stranger would have judged that this gifted personage held in his hands the certainty of a great and brilliant career. Yet from the moment he left the Capital, Aaron Burr marched steadily toward his doom.

An understanding of the trial of Aaron Burr and of the proceedings against his agents, Bollmann and Swartwout, is impossible without a knowledge of the events that led up to them; while the opinions and rulings of Chief Justice Marshall in those memorable controversies are robbed of their color and much of their meaning when considered apart from the picturesque circumstances that produced them. This chapter, therefore, is an attempt to narrate and condense the facts of the Burr conspiracy in the light of present knowledge of them.

Although in a biography of John Marshall it seems a far cry to give so much space to that episode, the import of the greatest criminal trial in American history is not to be fully grasped without a summary of the events preceding it. Moreover, the fact that in the Burr trial Marshall destroyed the law of "constructive treason" requires that the circumstances of the Burr adventure, as they appeared to Marshall, be here set forth.

AARON BURR

A strong, brave man who, until then, had served his country well, Aaron Burr was in desperate plight when on the afternoon of March 2 he walked along the muddy Washington streets toward his lodging. He was a ruined man, financially, politically, and in reputation. Fourteen years of politics had destroyed his once extensive law practice and plunged him hopelessly into debt. The very men whose political victory he had secured had combined to drive him from the Republican Party.

The result of his encounter with Hamilton had been as fatal to his standing with the Federalists, who had but recently fawned upon him, as it was to the physical being of his antagonist. What now followed was as if Aaron Burr had been the predestined victim of some sinister astrology, so utterly did the destruction of his fortunes appear to be the purpose of a malign fate.

His fine ancestry now counted for nothing with the reigning politicians of either party. None of them cared that he came of a family which, on both sides, was among the worthiest in all the country.[755] His superb education went for naught. His brilliant services as one of the youngest Revolutionary officers were no longer considered—his heroism at Quebec, his resourcefulness on Putnam's staff, his valor at Monmouth, his daring and tireless efficiency at West Point and on the Westchester lines, were, to these men, as if no such record had ever been written.

Nor, with those then in power, did Burr's notable public services in civil life weigh so much as a feather in his behalf. They no longer remembered that only a few years earlier he had been the leader of his party in the National Senate, and that his appointment to the then critically important post of Minister to France had been urged by the unanimous caucus of his political associates in Congress. None of the notable honors that admirers had asserted to be his due, nor yet his effective work for his party, were now recalled. The years of provocation[756] which had led, in an age of dueling,[757] to a challenge of his remorseless personal, professional, and political enemy were now unconsidered in the hue and cry raised when his shot, instead of that of his foe, proved mortal.

Yet his spirit was not broken. His personal friends stood true; his strange charm was as potent as ever over most of those whom he met face to face; and throughout the country there were thousands who still admired and believed in Aaron Burr. Particularly in the West and in the South the general sentiment was cordial to him; many Western Senators were strongly attached to him; and most of his brother officers of the Revolution who had settled beyond the Alleghanies were his friends.[758] Also, he was still in vigorous middle life, and though delicate of frame and slight of stature, was capable of greater physical exertion than most men of fewer years.

What now should the dethroned political leader do? Events answered that question for him, and, beckoned forward by an untimely ambition, he followed the path that ended amid dramatic scenes in Richmond, Virginia, where John Marshall presided over the Circuit Court of the United States.

Although at the time Jefferson had praised what he called Burr's "honorable and decisive conduct"[759] during the Presidential contest in the House in February of 1801, he had never forgiven his associate for having received the votes of the Federalists, nor for having missed, by the merest chance, election as Chief Magistrate.[760] Notwithstanding that Burr's course as Vice-President had won the admiration even of enemies,[761] his political fall was decreed from the moment he cast his vote on the Judiciary Bill in disregard of the rigid party discipline that Jefferson and the Republican leaders then exacted.[762]

Even before this, the constantly increasing frigidity of the President toward him, and the refusal of the Administration to recognize by appointment any one recommended by him for office in New York,[763] had made it plain to all that the most Burr could expect was Jefferson's passive hostility. Under these circumstances, and soon after his judiciary vote, the spirited Vice-President committed another imprudence. He attended a banquet given by the Federalists in honor of Washington's birthday. There he proposed this impolitic toast: "To the union of all honest men." Everybody considered this a blow at Jefferson. It was even more offensive to the Administration than his judiciary vote had been.[764]

From that moment all those peculiar weapons which politicians so well know how to use for the ruin of an opponent were employed for the destruction of Aaron Burr. Moreover, Jefferson had decided not only that Burr should not again be Vice-President, but that his bitterest enemy from his own State, George Clinton, should be the Republican candidate for that office; and, in view of Burr's strength and resourcefulness, this made necessary the latter's political annihilation.[765] "Never in the history of the United States did so powerful a combination of rival politicians unite to break down a single man as that which arrayed itself against Burr."[766]

Nevertheless, Burr, who "was not a vindictive man,"[767] did not retaliate for a long time.[768] But at last to retrieve himself,[769] he determined to appeal to the people—at whose hands he had never suffered defeat—and, in 1804, he became a candidate for the office of Governor of New York. The New York Federalists, now reduced to a little more than a strong faction, wished to support him, and were urged to do so by many Federalist leaders of other States. Undoubtedly Burr would have been elected but for the attacks of Hamilton.

At this period the idea of secession was stirring in the minds of the New England Federalist leaders. Such men as Timothy Pickering, Roger Griswold, Uriah Tracy, and James Hillhouse had even avowed separation from the Union to be desirable and certain; and talk of it was general.[770] All these men were warm and insistent in their support of Burr for Governor, and at least two of them, Pickering and Griswold, had a conference with him in New York while the campaign was in progress.

Plumer notes in his diary that during the winter of 1804, at a dinner given in Washington attended by himself, Pickering, Hillhouse, Burr, and other public men, Hillhouse "unequivocally declared that ... the United States would soon form two distinct and separate governments."[771] More than nine months before, certain of the most distinguished New England Federalists had gone to the extreme length of laying their object of national dismemberment before the British Minister, Anthony Merry, and had asked and received his promise to aid them in their project of secession.[772]

There was nothing new in the idea of dismembering the Union. Indeed, no one subject was more familiar to all parts of the country. Since before the adoption of the Constitution, it had been rife in the settlements west of the Alleghanies.[773] The very year the National Government was organized under the Constitution, the settlers beyond the Alleghanies were much inclined to withdraw from the Union because the Mississippi River had not been secured to them.[774] For many years this disunion sentiment grew in strength. When, however, the Louisiana Purchase gave the pioneers on the Ohio and the Mississippi a free water-way to the Gulf and the markets of the world, the Western secessionist tendency disappeared. But after the happy accident that bestowed upon us most of the great West as well as the mouth of the Mississippi, there was in the Eastern States a widely accepted opinion that this very fact made necessary the partitioning of the Republic.

Even Jefferson, as late as 1803, did not think that outcome unlikely, and he was prepared to accept it with his blessing: "If they see their interest in separation, why should we take sides with our Atlantic rather than our Mississippi descendants? It is the elder and the younger brother differing. God bless them both, and keep them in union, if it be for their good, but separate them, if it be better."[775]

Neither Spain nor Great Britain had ever given over the hope of dividing the young Republic and of acquiring for themselves portions of its territory. The Spanish especially had been active and unceasing in their intrigues to this end, their efforts being directed, of course, to the acquisition of the lands adjacent to them and bordering on the Mississippi and the Ohio.[776] In this work more than one American was in their pay. Chief of these Spanish agents was James Wilkinson, who had been a pensioner of Spain from 1787,[777] and so continued until at least 1807, the bribe money coming into his hands for several years after he had been placed in command of the armies of the United States.[778]

None of these plots influenced the pioneers to wish to become Spanish subjects; the most that they ever desired, even at the height of their dissatisfaction with the American Government, was independence from what they felt to be the domination of the East. In 1796 this feeling reached its climax in the Kentucky secession movement, one of its most active leaders being Wilkinson, who declared his purpose of becoming "the Washington of the West."[779]

By 1805, however, the allegiance of the pioneers to the Nation was as firm as that of any other part of the Republic. They had become exasperated to the point of violence against Spanish officials, Spanish soldiers, and the Spanish Government. They regarded the Spanish provinces of the Floridas and of Mexico as mere satrapies of a hated foreign autocracy; and this indeed was the case. Everywhere west of the Alleghanies the feeling was universal that these lands on the south and southwest, held in subjection by an ancient despotism, should be "revolutionized" and "liberated"; and this feeling was shared by great numbers of people of the Eastern States.

Moreover, that spirit of expansion—of taking and occupying the unused and misused lands upon our borders—which has been so marked through American history, was then burning fiercely in every Western breast. The depredations of the Spaniards had finally lashed almost to a frenzy the resentment which had for years been increasing in the States bordering upon the Mississippi. All were anxious to descend with fire and sword upon the offending Spaniards.

Indeed, all over the Nation the conviction was strong that war with Spain was inevitable. Even the ultra-pacific Jefferson was driven to this conclusion; and, in less than ten months after Aaron Burr ceased to be Vice-President, and while he was making his first journey through the West and Southwest, the President, in two Messages to Congress, scathingly arraigned Spanish misdeeds and all but avowed that a state of war actually existed.[780]

Such, in broad outline, was the general state of things when Aaron Burr, his political and personal fortunes wrecked, cast about for a place to go and for work to do. He could not return to his practice in New York; there his enemies were in absolute control and he was under indictment for having challenged Hamilton. The coroner's jury also returned an inquest of murder against Burr and two of his friends, and warrants for their arrest were issued. In New Jersey, too, an indictment for murder hung over him.[781]

Only in the fresh and undeveloped West did a new life and a new career seem possible. Many projects filled his mind—everything was possible in that inviting region beyond the mountains. He thought of forming a company to dig a canal around the falls of the Ohio and to build a bridge over that river, connecting Louisville with the Indiana shore. He considered settling lands in the vast dominions beyond the Mississippi which the Nation had newly acquired from Spain. A return to public life as Representative in Congress from Tennessee passed through his mind.

But one plan in particular fitted the situation which the apparently certain war with Spain created. Nearly ten years earlier,[782] Hamilton had conceived the idea of the conquest of the Spanish possessions adjacent to us, and he had sought to enlist the Government in support of the project of Miranda to revolutionize Venezuela.[783] Aaron Burr had proposed the invasion and capture of the Floridas, Louisiana, and Mexico two years before Hamilton embraced the project,[784] and the desire to carry out the plan continued strong within him. Circumstances seemed to make the accomplishment of it feasible. At all events, a journey through the West would enlighten him, as well as make clearer the practicability of his other schemes.

Now occurred the most unfortunate and disgraceful incident of Burr's life. In order to get money for his Mexican adventure, Burr played upon the British Minister's hostile feelings toward America and, in doing so, used downright falsehood. Although it was unknown at the time and not out of keeping with the unwritten rules of the game called diplomacy as then played, and although it had no effect upon the thrilling events that brought Burr before Marshall, so inextricably has this shameful circumstance been woven into the story of the Burr conspiracy, that mention of it must be made. It was the first thoroughly dishonorable act of Burr's tempestuous career.[785]

Five months after Pickering, Griswold, and other New England Federalists had approached Anthony Merry with their plan to divide the Union, Burr prepared to follow their example. He first sounded that diplomat through a British officer, one Colonel Charles Williamson. The object of the New England Senators and Representatives had been to separate their own and other Northern States from the Union; the proposition that Williamson now made to the British Minister was that Burr might do the same thing for the Western States.[786] It was well known that the break-up of the Republic was expected and hoped for by the British Government, as well as by the Spaniards, and Williamson was not surprised when he found Merry as favorably disposed toward a scheme for separation of the States beyond the Alleghanies as he had been hospitable to the plan for the secession of New England.

Of the results of this conference Burr was advised; and when he had finished his preparations for his journey down the Ohio, he personally called upon Merry. This time a part of his real purpose was revealed; it was to secure funds.[787] Burr asked that half a million dollars be supplied him[788] for the revolutionizing of the Western States, but he did not tell of his dream about Mexico, for the realization of which the money was probably to be employed. In short, Burr lied; and in order to persuade Merry to secure for him financial aid he proposed to commit treason. Henry Adams declares that, so far as the proposal of treason was concerned, there was no difference between the moral delinquency of Pickering, Griswold, Hillhouse, and other Federalists and that of Aaron Burr.[789]

The eager and credulous British diplomat promised to do his best and sent Colonel Williamson on a special mission to London to induce Pitt's Ministry to make the investment.[790] It should be repeated that Burr's consultations with the shallow and easily deceived Merry were not known at the time. Indeed, they never were fully revealed until more than three quarters of a century afterward.[791] Moreover, it has been demonstrated that they had little or no bearing upon the adventure which Burr finally tried to carry out.[792] He was, as has been said, audaciously and dishonestly playing upon Merry's well-known hostility to this country in order to extract money from the British Treasury.[793] This attempt and the later one upon the Spanish Minister, who was equally antagonistic to the United States, were revolting exhibitions of that base cunning and duplicity which, at that period, formed so large a part of secret international intrigue.[794]

On April 10, 1805, Burr left Philadelphia on horseback for Pittsburgh, where he arrived after a nineteen days' journey. Before starting he had talked over his plans with several friends, among them former Senator Jonathan Dayton of New Jersey, who thereafter was a partner and fellow "conspirator."[795]

Another man with whom Burr had conferred was General James Wilkinson. Burr expected to meet him at Pittsburgh, but the General was delayed and the meeting was deferred. Wilkinson had just been appointed Governor of Upper Louisiana—one of the favors granted Burr during the Chase impeachment—and was the intimate associate of the fallen politician in his Mexican plan until, in a welter of falsehood and corruption, he betrayed him. Indeed, it was Wilkinson who, during the winter of 1804-05, when Burr was considering his future, proposed to him the invasion of Mexico and thus gave new life to Burr's old but never abandoned hope.[796]

On May 2, Burr started down the Ohio. When he reached Marietta, Ohio, he was heartily welcomed. He next stopped at an island owned by Harman Blennerhassett, who happened to be away. While inspecting the grounds Burr was invited by Mrs. Blennerhassett to remain for dinner. Thus did chance lay the foundations for that acquaintance which, later, led to a partnership in the enterprise that was ended so disastrously for both.

At Cincinnati, then a town of some fifteen hundred inhabitants, the attentions of the leading citizens were markedly cordial. There Burr was the guest of John Smith, then a Senator from Ohio, who had become attached to Burr while the latter was Vice-President, and who was now one of his associates in the plans under consideration. At Smith's house he met Dayton, and with these friends and partners he held a long conversation on the various schemes they were developing.[797]

A week later found him at the "unhealthy and inconsiderable village"[798] of Louisville and from there he traveled by horseback to Frankfort and Lexington. While in Kentucky he conferred with General John Adair, then a member of the National Senate, who, like Smith and Dayton, had in Washington formed a strong friendship for Burr, and was his confidant.[799] Another eminent man with whom he consulted was John Brown, then a member of the United States Senate from Kentucky, also an admirer of Burr.

It would appear that the wanderer was then seriously considering the proposal, previously made by Matthew Lyon, now a Representative in Congress from Kentucky, that Burr should try to go to the National House from Tennessee,[800] for Burr asked and received from Senator Brown letters to friends in that State who could help to accomplish that design. But not one word did Burr speak to General Adair, to Senator Brown, or to any one else of his purpose to dismember the Nation.

Burr arrived at Nashville at the end of the month. The popular greeting had grown warmer with each stage of his journey, and at the Tennessee Capital it rose to noisy enthusiasm. Andrew Jackson, then Major-General of the State Militia, was especially fervent and entertained Burr at his great log house. A "magnificent parade" was organized in his honor. From miles around the pioneers thronged into the frontier Capital. Flags waved, fifes shrilled, drums rolled, cannon thundered. A great feast was spread and Burr addressed the picturesque gathering.[801] Never in the brightest days of his political success had he been so acclaimed. Jackson, nine years before, when pleading with Congress to admit Tennessee into the Union, had met and liked Burr, who had then advocated statehood for that vigorous and aggressive Southern Territory. Jackson's gratitude for Burr's services to the State in championing its admission,[802] together with his admiration for the man, now ripened into an ardent friendship.

His support of Burr well reflected that of the people among whom the latter now found himself. Accounts of Burr's conduct as presiding officer at the trial of Chase had crept through the wilderness; the frontier newspapers were just printing Burr's farewell speech to the Senate, and descriptions of the effect of it upon the great men in Washington were passing from tongue to tongue. All this gilded the story of Burr's encounter with Hamilton, which, from the beginning, had been applauded by the people of the West and South.

Burr was now in a land of fighting men, where dueling was considered a matter of honor rather than disgrace. He was in a rugged democracy which regarded as a badge of distinction, instead of shame, the killing in fair fight of the man it had been taught to believe to be democracy's greatest foe. Here, said these sturdy frontiersmen, was the captain so long sought for, who could lead them in the winning of Texas and Mexico for America; and this Burr now declared himself ready to do—a purpose which added the final influence toward the conquest of the mind and heart of Andrew Jackson.

Floating down the Cumberland River in a boat provided by Jackson, Burr encountered nothing but friendliness and encouragement. At Fort Massac he was the guest of Wilkinson, with whom he remained for four days, talking over the Mexican project. Soon afterward he was on his way down the Mississippi from St. Louis in a larger boat with colored sails, manned by six soldiers—all furnished by Wilkinson. After Burr's departure Wilkinson wrote to Adair, with whom he had served in the Indian wars, that "we must have a peep at the unknown world beyond me."

On June 25, 1805, Burr landed at New Orleans, then the largest city west of the Alleghanies. There the ovation to the "hero" surpassed even the demonstration at Nashville. Again came dinners, balls, fêtes, and every form of public and private favor. So perfervid was the welcome to him that the Sisters of the largest nunnery in Louisiana invited Burr to visit their convent, and this he did, under the conduct of the bishop.[803] Wilkinson had given him a letter of introduction to Daniel Clark, the leading merchant of the city and the most influential man in Louisiana. The letter contained this cryptic sentence: "To him [Burr] I refer you for many things improper to letter, and which he will not say to any other."[804]

The notables of the city were eager to befriend Burr and to enter into his plans. Among them were John Watkins, Mayor of New Orleans, and James Workman, Judge of the Court of Orleans County. These men were also the leading members of the Mexican Association, a body of three hundred Americans devoted to effecting the "liberation" of Mexico—a design in which they accurately expressed the general sentiment of Louisiana. The invasion of Mexico had become Burr's overmastering purpose, and it gathered strength the farther he journeyed among the people of the West and South. To effect it, definite plans were now made.[805]

The Catholic authorities of New Orleans approved Burr's project, and appointed three priests to act as agents for the revolutionists in Mexico.[806] Burr's vision of Spanish conquest seemed likely of realization. The invasion of Mexico was in every heart, on every tongue. All that was yet lacking to make it certain was war between Spain and the United States, and every Western or Southern man believed that war was at hand.

Late in July, Burr, with justifiably high hope, left New Orleans by the overland route for Nashville, riding on horses supplied by Daniel Clark. Everywhere he found the pioneers eager for hostilities. At Natchez the people were demonstrative. By August 6, Burr was again with Andrew Jackson, having ridden over Indian trails four hundred and fifty miles through the swampy wilderness.[807]

The citizens of Nashville surpassed even their first welcome. At the largest public dinner ever given in the West up to that time, Burr entered the hall on Jackson's arm and was received with cheers. Men and women vied with one another in doing him honor. The news Burr brought from New Orleans of the headway that was being made regarding the projected descent upon the Spanish possessions, thrilled Jackson; and his devotion to the man whom all Westerners and Southerners had now come to look upon as their leader knew no bounds.[808] For days Jackson and Burr talked of the war with Spain which the bellicose Tennessee militia general passionately desired, and of the invasion of Mexico which Burr would lead when hostilities began.[809] At Lexington, at Frankfort, everywhere, Burr was received in similar fashion. While in Kentucky he met Henry Clay, who at once yielded to his fascination.

But soon strange, dark rumors, starting from Natchez, were sent flying over the route Burr had just traveled with such acclaim. They were set on foot by an American, one Stephen Minor, who was a paid spy of Spain.[810] Burr, it was said, was about to raise the standard of revolution in the Western and Southern States. Daniel Clark wished to advise Burr of these reports and of the origin of them, but did not know where to reach him. So he hastened to write Wilkinson that Burr might be informed of the Spanish canard: "Kentucky, Tennessee, the State of Ohio, ... with part of Georgia and Carolina, are to be bribed with the plunder of the Spanish countries west of us, to separate from the Union." And Clark added: "Amuse Mr. Burr with an account of it."[811]

Wilkinson himself had long contemplated the idea of dismembering the Nation; he had even sounded some of his officers upon that subject.[812] As we have seen, he had been the leader of the secession movement in Kentucky in 1796. But if Burr ever really considered, as a practical matter, the separation of the Western country from the Union, his intimate contact with the people of that region had driven such a scheme from his mind and had renewed and strengthened his long-cherished wish to invade Mexico. For throughout his travels he had heard loud demands for the expulsion of Spanish rule from America; but never, except perhaps at New Orleans, a hint of secession. And if, during his journey, Burr so much as intimated to anybody the dismemberment of the Republic, no evidence of it ever has been produced.[813]

Ignorant of the sinister reports now on their way behind him, Burr reached the little frontier town of St. Louis early in September and again conferred with Wilkinson, assuring him that the whole South and West were impatient to attack the Spaniards, and that in a short time an army could be raised to invade Mexico.[814] According to the story which the General told nearly two years afterward, Burr informed him that the South and West were ripe for secession, and that Wilkinson responded that Burr was sadly mistaken because "the Western people ... are bigoted to Jefferson and democracy."[815]

Whatever the truth of this may be, it is certain that the rumors put forth by his fellow Spanish agent had shaken Wilkinson's nerve for proceeding further with the enterprise which he himself had suggested to Burr. Also, as we shall see, the avaricious General had begun to doubt the financial wisdom of giving up his profitable connection with the Spanish Government. At all events, he there and then began to lay plans to desert his associate. Accordingly, he gave Burr a letter of introduction to William Henry Harrison, Governor of Indiana Territory, in which he urged Harrison to have Burr sent to Congress from Indiana, since upon this "perhaps ... the Union may much depend."[816]

Mythical accounts of Burr's doings and intentions had now sprung up in the East. The universally known wish of New England Federalist leaders for a division of the country, the common talk east of the Alleghanies that this was inevitable, the vivid memory of a like sentiment formerly prevailing in Kentucky, and the belief in the seaboard States that it still continued—all rendered probable, to those, living in that section, the schemes now attributed to Burr.

Of these tales the Eastern newspapers made sensations. A separate government, they said, was to be set up by Burr in the Western States; the public lands were to be taken over and divided among Burr's followers; bounties, in the form of broad acres, were to be offered as inducements for young men to leave the Atlantic section of the country for the land of promise toward the sunset; Burr's new government was to repudiate its share of the public debt; with the aid of British ships and gold Burr was to conquer Mexico and establish a vast empire by uniting that imperial domain to the revolutionized Western and Southern States.[817] The Western press truthfully denied that any secession sentiment now existed among the pioneers.

The rumors from the South and West met those from the North and East midway; but Burr having departed for Washington, they subsided for the time being. The brushwood, however, had been gathered—to burst into a raging conflagration a year later, when lighted by the torch of Executive authority in the hands of Thomas Jefferson.

During these months the Spanish officials in Mexico and in the Floridas, who had long known of the hostility of American feeling toward them, learned of Burr's plan to seize the Spanish possessions, and magnified the accounts they received of the preparations he was making.[818]

The British Minister in Washington was also in spasms of nervous anxiety.[819] When Burr reached the Capital he at once called on that slow-witted diplomat and repeated his overtures. But Pitt had died; the prospect of British financial assistance had ended;[820] and Burr sent Dayton to the Spanish Minister with a weird tale[821] in order to induce that diplomat to furnish money.

Almost at the same time the South American adventurer, Miranda, again arrived in America, his zeal more fiery than ever, for the "liberation" of Venezuela. He was welcomed by the Administration, and Secretary of State Madison gave him a dinner. Jefferson himself invited the revolutionist to dine at the Executive Mansion. Burr's hopes were strengthened, since he intended doing in Mexico precisely what Miranda was setting out to do in Venezuela.

In February, 1806, Miranda sailed from New York upon his Venezuelan undertaking. His openly avowed purpose of forcibly expelling the Spanish Government from that country had been explained to Jefferson and Madison by the revolutionist personally. Before his departure, the Spanish filibuster wrote to Madison, cautioning him to keep "in the deepest secret" the "important matters" which he (Miranda) had laid before him.[822] The object of his expedition was a matter of public notoriety. In New York, in the full light of day, he had bought arms and provisions and had enlisted men for his enterprise.

Excepting for Burr's failure to secure funds from the British Government, events seemed propitious for the execution of his grand design. He had written to Blennerhassett a polite and suggestive letter, not inviting him, however, to engage in the adventure;[823] the eager Irishman promptly responded, begging to be admitted as a partner in Burr's enterprises, and pledging the services of himself and his friends.[824] Burr, to his surprise, was cordially received by Jefferson at the White House where he had a private conference of two hours with the President.

The West openly demanded war with Spain; the whole country was aroused; in the House, Randolph offered a resolution to declare hostilities; everywhere the President was denounced for weakness and delay.[825] If only Jefferson would act—if only the people's earnest desire for war with Spain were granted—Burr could go forward. But the President would make no hostile move—instead, he proposed to buy the Floridas. Burr, lacking funds, thought for a moment of abandoning his plans against Mexico, and actually asked Jefferson for a diplomatic appointment, which was, of course, refused.[826]

The rumor had reached Spain that the Americans had actually begun war. On the other hand, the report now came to Washington that the Spaniards had invaded American soil. The Secretary of War ordered General Wilkinson to drive the Spaniards back. The demand for war throughout the country grew louder. If ever Burr's plan of Mexican conquest was to be carried out, the moment had come to strike the blow. His confederate, Wilkinson, in command of the American Army and in direct contact with the Spaniards, had only to act.

The swirl of intrigue continued. Burr tried to get the support of men disaffected toward the Administration. Among them were Commodore Truxtun, Commodore Stephen Decatur, and "General"[827] William Eaton. Truxtun and Decatur were writhing under that shameful treatment by which each of these heroes had been separated, in effect removed, from the Navy. Eaton was cursing the Administration for deserting him in his African exploits, and even more for refusing to pay several thousand dollars which he claimed to have expended in his Barbary transactions.[828]

Truxtun and Burr were intimate friends, and the Commodore was fully told of the design to invade Mexico in the event of war with Spain; should that not come to pass, Burr advised Truxtun that he meant to settle lands he had arranged to purchase beyond the Mississippi. He tried to induce Truxtun to join him, suggesting that he would be put in command of a naval force to capture Havana, Vera Cruz, and Cartagena. When Burr "positively" informed him that the President was not a party to his enterprise, Truxtun declined to associate himself with it. Not an intimation did Burr give Truxtun of any purpose hostile to the United States. The two agreed in their contemptuous opinion of Jefferson and his Administration.[829] To Commodore Decatur, Burr talked in similar fashion, using substantially the same language.

But to "General" Eaton, whom he had never before met, Burr unfolded plans more far-reaching and bloody, according to the Barbary hero's account of the revelations.[830] At first Burr had made to Eaton the same statements he had detailed to Truxtun and Decatur, with the notable difference that he had assured Eaton that the proposed expedition was "under the authority of the general government." Notwithstanding his familiarity with intrigue, the suddenly guileless Eaton agreed to lead a division of the invading army under Wilkinson who, Burr assured him, would be "Chief in Command."

But after a while Eaton's sleeping perception was aroused. Becoming as sly as a detective, he resolved to "draw Burr out," and "listened with seeming acquiescence" while the villain "unveiled himself" by confidences which grew ever wilder and more irrational: Burr would establish an empire in Mexico and divide the Union; he even "meditated overthrowing the present Government"—if he could secure Truxtun, Decatur, and others, he "would turn Congress neck and heels out of doors, assassinate the President, seize the treasury and Navy; and declare himself the protector of an energetic government."

Eaton at last was "shocked" and "dropped the mask," declaring that the one word, "Usurper, would destroy" Burr. Thereupon Eaton went to Jefferson and urged the President to appoint Burr American Minister to some European government and thus get him out of the country, declaring that "if Burr were not in some way disposed of we should within eighteen months have an insurrection if not a revolution on the waters of the Mississippi." The President was not perturbed—he had too much confidence in the Western people, he said, "to admit an apprehension of that kind." But of the horrid details of the murderous and treasonable villain's plans, never a word said Eaton to Jefferson.[831]

However, the African hero did "detail the whole projects of Mr. Burr" to certain members of Congress.[832] "They believed Col. Burr capable of anything—and agreed that the fellow ought to be hanged"; but they refused to be alarmed—Burr's schemes were "too chimerical and his circumstances too desperate to ... merit of serious consideration."[833] So for twelve long months Eaton said nothing more about Burr's proposed deviltry. During this time he continued alternately to belabor Congress and the Administration for the payment of the expenses of his Barbary exploits.[834]

Andrew Jackson, while entertaining Burr on his first Western journey, had become the most promising, in practical support, of all who avowed themselves ready to follow Burr's invading standard into Mexico; and with Jackson he had freely consulted about that adventure. From Washington, Burr now wrote the Tennessee leader of the beclouding of their mutually cherished prospects of war with Spain.

But hope of war was not dead, wrote Burr—indeed, Miranda's armed expedition "composed of American citizens, and openly fitted out in an American port," made it probable. Jackson ought to be attending to something more than his militia offices, Burr admonished him: "Your country is full of fine materials for an army, and I have often said a brigade could be raised in West Tennessee which would drive double their number of Frenchmen off the earth." From such men let Jackson make out and send to Burr "a list of officers from colonel down to ensign for one or two regiments, composed of fellows fit for business, and with whom you would trust your life and your honor." Burr himself would, "in case troops should be called for, recommend it to the Department of War"; he had "reason to believe that on such an occasion" that department would listen to his advice.[835]

At last Burr, oblivious to the danger that Eaton might disclose the deadly secrets which he had so imprudently confided to a dissipated stranger, resolved to act and set out on his fateful journey. Before doing so, he sent two copies of a cipher letter to Wilkinson. This was in answer to a letter which Burr had just received from Wilkinson, dated May 13, 1806, the contents of which never have been revealed. Burr chose, as the messenger to carry overland one of the copies, Samuel Swartwout, a youth then twenty-two years of age, and brother of Colonel John Swartwout whom Jefferson had removed from the office of United States Marshal for the District of New York largely because of the Colonel's lifelong friendship for Burr. The other copy was sent by sea to New Orleans by Dr. Justus Erich Bollmann.[836]

No thought had Burr that Wilkinson, his ancient army friend and the arch conspirator of the whole plot, would reveal his dispatch. He and Wilkinson were united too deeply in the adventure for that to be thinkable. Moreover, the imminence of war appeared to make it certain that when the General received Burr's cipher, the two men would be comrades in arms against Spain in a war which, it cannot be too often repeated, it was believed Wilkinson could bring on at any moment.

Nevertheless, Burr and Dayton had misgivings that the timorous General might not attack the Spaniards. They bolstered him up by hopeful letters, appealing to his cupidity, his ambition, his vanity, his fear. Dayton wrote that Jefferson was about to displace him and appoint another head of the army; let Wilkinson, therefore, precipitate hostilities—"You know the rest.... Are you ready? Are your numerous associates ready? Wealth and glory! Louisiana and Mexico!"[837]

In his cipher dispatch to Wilkinson, Burr went to even greater lengths and with reason, for the impatient General had written him another letter, urging him to hurry: "I fancy Miranda has taken the bread out of your mouth; and I shall be ready for the grand expedition before you are."[838] Burr then assured Wilkinson that he was not only ready but on his way, and tried to strengthen the resolution of the shifty General by falsehood. He told of tremendous aid secured in far-off Washington and New York, and intimated that England would help. He was coming himself with money and men, and details were given. Bombastic sentences—entirely unlike any language appearing in Burr's voluminous correspondence and papers—were well chosen for their effect on Wilkinson's vainglorious mind: "The gods invite us to glory and fortune; it remains to be seen whether we deserve the boon.... Burr guarantees the result with his life and honor, with the lives and honor and the fortunes of hundreds, the best blood of our country."[839]

Fatal error! The sending of that dispatch was to give Wilkinson his opportunity to save himself by assuming the disguise of patriotism and of fealty to Jefferson, and, clad in these habiliments, to denounce his associates in the Mexican adventure as traitors to America. Soon, very soon, Wilkinson was to use Burr's letter in a fashion to bring his friend and many honest men to the very edge of execution—a fate from which only the fearlessness and penetrating mind of John Marshall was to save them.

But this black future Burr could not foresee. Certain, as were most men, that war with Spain could not be delayed much longer, and knowing that Wilkinson could precipitate it at any moment, Burr's mind was at rest. At the beginning of August, 1806, he once more journeyed down the Ohio. On the way he stopped at a settlement on the Monongahela, not far from Pittsburgh, where he visited one Colonel George Morgan. This man afterward declared that Burr talked mysteriously—the Administration was contemptible, two hundred men could drive the Government into the Potomac, five hundred could take New York; and, Burr added laughingly, even the Western States could be detached from the Union. Most of this was said "in the presence of a considerable company."[840]

The elder Morgan, who was aged and garrulous,[841] pieced together his inferences from Burr's meaning looks, jocular innuendoes, and mysterious statements,[842] and detected a purpose to divide the Nation. Deeply moved, he laid his deductions before the Chief Justice of Pennsylvania and two other gentlemen from Pittsburgh, a town close at hand; and a letter was written to Jefferson, advising him of the threatened danger.[843]

From Pittsburgh, Burr for the second time landed on the island of Harman Blennerhassett, who was eager for any adventure that would restore his declining fortunes. If war with Spain should, after all, not come to pass, Burr's other plan was the purchase of the enormous Bastrop land grant on the Washita River. Blennerhassett avidly seized upon both projects.[844] From that moment forward, the settlement of this rich and extensive domain in the then untouched and almost unexplored West became the alternative purpose of Aaron Burr in case the desire of his heart, the seizure of Mexico, should fail.[845]

Unfortunately Blennerhassett who, as his friends declared, "had all kinds of sense, except common sense,"[846] now wrote a series of letters for an Ohio country newspaper in answer to the articles appearing in the Kentucky organ of Daveiss and Humphrey Marshall, the Western World. The Irish enthusiast tried to show that a separation of the Western States from "Eastern domination" would be a good thing. These foolish communications were merely repetitions of similar articles then appearing in the Federalist press of New England, and of effusions printed in Southern newspapers a few years before. Nobody, it seems, paid much attention to these vagaries of Blennerhassett. It is possible that Burr knew of them, but proof of this was never adduced. When the explosion came, however, Blennerhassett's maunderings were recalled, and they became another one of those evidences of Burr's guilt which, to the public mind, were "confirmation strong as proofs of holy writ."

Burr and his newly made partner contracted for the building of fifteen boats, to be delivered in four months; and pork, meal, and other provisions were purchased. The island became the center of operations. Soon a few young men from Pittsburgh joined the enterprise, some of them sons of Revolutionary officers, and all of them of undoubted loyalty to the Nation. To each of these one hundred acres of land on the Washita were promised, as part of their compensation for participating in the expedition, the entire purpose of which was not then explained to them.[847]

Burr again visited Marietta, where the local militia were assembled for their annual drill, and put these rural soldiers through their evolutions, again fascinating the whole community.[848] At Cincinnati, Burr held another long conference with his partner, Senator John Smith, who was a contractor and general storekeeper. The place which the Washita land speculation had already come to hold in his mind is shown by the conversation—Burr talked as much of that project as he did of war with Spain and his great ambition to invade Mexico;[849] but of secession, not a syllable.

Next Burr hurried to Nashville and once more became the honored guest of Andrew Jackson, whom he frankly told of the modification of his plans. His immediate purpose, Burr said, now was to settle the Washita lands. Of course, if war should break out he would lead a force into Texas and Mexico. Burr kept back only the part Wilkinson was to play in precipitating hostilities; and he said nothing of his efforts to bolster up that frail warrior's resolution.[850]

In Tennessee and Kentucky the talk was again of war with Spain. Indeed, it was now the only talk.[851] For the third time in the Tennessee Capital a public banquet was given to the hero by whom the people expected to be led against the enemy. Soon afterward Jackson issued his proclamation to the Tennessee militia calling them to arms against the hated Spaniards, and volunteered his services to the National Government. Jefferson answered in a letter provoking in its vagueness.[852]

At Lexington, Kentucky, Burr and Blennerhassett now purchased from Colonel Charles Lynch, the owner of the Bastrop grant, several hundred thousand acres on the Washita River in Northern Louisiana.[853]

To many to whom Burr had spoken of his scheme to invade Mexico he gave the impression that his designs had the approval of the Administration; to some he actually stated this to be the fact. In case war was declared, the Administration, of course, would necessarily support Burr's attack upon the enemy; if hostilities did not occur, the "Government might overlook the preparations as in the case of Miranda."[854] It is hard to determine whether the project to invade Mexico—of which Burr did not inform them, but which they knew to be his purpose—or the plan to settle the Washita lands, was the more attractive to the young men who wished to join him. Certainly, the Bastrop grant was so placed as to afford every possible lure to the youthful, enterprising, and adventurous.[855]

At this moment Wilkinson, apparently recovered from the panic into which Clark's letter had thrown him a year before, seemed resolved at last to strike. He even wrote with enthusiasm to General John Adair: "The time long looked for by many & wished for by more has now arrived, for subverting the Spanish government in Mexico—be ready & join me; we will want little more than light armed troops.... More will be done by marching than by fighting.... We cannot fail of success.[856] Your military talents are requisite. Unless you fear to join a Spanish intriguer [Wilkinson] come immediately—without your aid I can do nothing."[857] In reply Adair wrote Wilkinson that "the United States had not declared war against Spain and he did not believe they would." If not, Adair would not violate the law by joining Wilkinson's projected attack on Spain.[858]

By the same post Wilkinson wrote to Senator John Smith a letter bristling with italics: "I shall assuredly push them [the Spaniards] over the Sabine ... as that you are alive.... You must speedily send me a force to support our pretensions ... 5000 mounted infantry ... may suffice to carry us forward as far as Grand River [the Rio Grande], there we shall require 5000 more to conduct us to Mount el Rey ... after which from 20 to 30,000 will be necessary to carry our conquests to California and the Isthmus of Darien. I write in haste, freely and confidentially, being ever your friend."[859]

In Kentucky once more the rumors sprang up that Burr meant to dismember the Union, and these were now put forward as definite charges. For months Joseph Hamilton Daveiss, a brother-in-law of John Marshall—appointed at the latter's instance by President Adams as United States Attorney for the District of Kentucky[860]—had been writing Jefferson exciting letters about some kind of conspiracy in which he was sure Burr was engaged. The President considered lightly these tales written him by one of his bitterest enemies.

With the idea of embarrassing the Republican President, by connecting him, through the Administration's seeming acquiescence in Burr's projects as in the case of the Miranda expedition, Daveiss and his relative, former Senator Humphrey Marshall—both leaders of the few Federalists now remaining in Kentucky—welded together the rumors of Burr's Mexican designs and those of his treasonable plot to separate the Western States from the Union. These they published in a newspaper which they controlled at Frankfort.[861]

The moss was removed from the ancient Spanish intrigues; Wilkinson was truthfully denounced as a pensioner of Spain; but the plot, it was charged, had veered from a union of the West with the Spanish dominions, to the establishment, by force of arms, of an independent trans-Alleghany Government.[862] The Federalist organs in the East adopted the stories related in the Western World, and laid especial emphasis on the disloyalty of the Western States, particularly of Kentucky.

The rumors had so aroused the people living near Blennerhassett's island that Mrs. Blennerhassett sent a messenger to warn Burr that he could not, in safety, appear there again. Learning this from the bearer of these tidings, Burr's partner, Senator John Smith, demanded of his associate an explanation. Burr promptly answered that he was "greatly surprised and really hurt" by Smith's letter. "If," said Burr, "there exists any design to separate the Western from the Eastern States, I am totally ignorant of it. I never harbored or expressed any such intention to any one, nor did any person ever intimate such design to me."[863]

Daveiss and Humphrey Marshall now resolved to stay the progress of the plot at which they were convinced that the Republican Administration was winking. If Jefferson was complacent, Daveiss would act and act officially; thus the President, by contrast, would be fatally embarrassed. Another motive, personal in its nature, inspired Daveiss. He was an able, fearless, passionate man, and he hated Burr violently for having killed Hamilton whom Daveiss had all but worshiped.[864]

Early in November the District Attorney moved the United States Court at Frankfort to issue compulsory process for Burr's apprehension and for the attendance of witnesses. Burr heard of this at Lexington and sent word that he would appear voluntarily. This he did, and, the court having denied Daveiss's motion because of the irregularity of it, the accused demanded that a public and official investigation be made of his plans and activities. Accordingly, the grand jury was summoned and Daveiss given time to secure witnesses.

On the day appointed Burr was in court. By his side was his attorney, a tall, slender, sandy-haired young man of twenty-nine who had just been appointed to the National Senate. Thus Henry Clay entered the drama. Daveiss failed to produce a single witness, and Burr, "after a dignified and grave harangue," was discharged, to the tumultuous delight of the people.[865]

Two weeks later the discomfited but persistent and undaunted District Attorney again demanded of Judge Innes the apprehension of the "traitor." Clay requested of Burr a written denial of the charges so incessantly made against him. This Burr promptly furnished.[866] Clay was so convinced of Burr's integrity that he declared in court that he "could pledge his own honor and innocence" for those of his client. Once more no witnesses were produced; once more the grand jury could not return an indictment; once more Burr was discharged. The crowd that packed the court-room burst into cheers.[867] That night a ball, given in Burr's honor, crowned this second of his triumphs in the United States Court.[868]

Thereafter Burr continued his preparations as if nothing had happened. To all he calmly stated the propriety of his enterprise. To his fellow adventurer, Senator John Smith, he was again particularly explicit and clear: "If there should be a war between the United States and Spain, I shall head a corps of volunteers and be the first to march into the Mexican provinces. If peace should be proffered, which I do not expect, I shall settle my Washita lands, and make society as pleasant as possible.... I have been persecuted, shamefully persecuted."[869] As to dividing the Union, Burr told Smith that "if Bonaparte with all his army were in the western country with the object ... he would never see salt water again."[870]

While Burr was writing this letter, Jefferson was signing a document that, when sent forth, as it immediately was, ignited all the rumors, reports, accusations, and suspicions that had been accumulating, and set the country on fire with wrath against the disturber of our national bliss.

When Wilkinson received Burr's cipher dispatch, he took time to consider the best methods for saving himself, filling his purse, and brightening his tarnished reputation.[871] The faithful and unsuspecting young Swartwout, Burr's messenger, was persuaded to remain in Wilkinson's camp for a week after the delivery of the fatal letter. He was treated with marked friendliness, and from him the General afterward pretended to have extracted frightful details of Burr's undertaking.[872]

Seven more days passed, and at last, two weeks after he had received Burr's cipher dispatch, Wilkinson wrote Jefferson that "a Numerous and powerful Association, extending from New York to ... the Mississippi had been formed to levy & rendezvous eight or Ten Thousand Men in New Orleans ... & from thence ... to carry an Expedition against Vera Cruz." Wilkinson gave details—dates and places of assembling troops, methods of invasion, etc., and added: "It is unknown under what Authority this Enterprize has been projected, from where the means of its support are derived, or what may be the intentions of its leaders in relation to the Territory of Orleans."[873]

Surprising as this was, the General supported it by a "confidential" and personal letter to Jefferson[874] still more mysterious and disquieting: "The magnitude of the Enterprize, the desperation of the Place, and the stupendous consequences with which it seems pregnant, stagger my belief & excite doubts of the reality, against the conviction of my Senses; & it is for this reason I shall forbear to commit Names.... I have never in my whole Life found myself in such circumstances of perplexity and Embarrassment as at present; for I am not only uninformed of the prime mover and Ultimate Objects of this daring Enterprize, but am ignorant of the foundation on which it rests."

Wilkinson went on to say that, as an inducement for him to take part in it, he had been told that "you [Jefferson] connive at the combination and that our country will justify it." If this were not true, "then I have no doubt the revolt of this Territory will be made an auxiliary step to the main design of attacking Mexico." So he thought he ought to compromise with the Spaniards and throw himself with his "little Band into New Orleans, to be ready to defend that Capitol against Usurpation and violence."

He wrote more to the same effect, and added this postscript: "Should Spain be disposed to War seriously with us, might not some plan be adopted to correct the delirium of the associates, and by a pitiable appeal to their patriotism to engage them in the service of their Country. I merely offer the suggestion as a possible expedient to prevent the Horrors of a civil contest, and I do believe that, with competent authority I could accomplish the object."[875]

This was the letter which a few months later caused Chief Justice John Marshall to issue a subpœna duces tecum directed to President Thomas Jefferson in order to have it produced in court.[876]

Jefferson had known of the rumors about Burr—George Morgan, Joseph H. Daveiss, and William Eaton had put him on the track of the "traitor." Others had told of the American Catiline's treasonable plans; and the newspapers, of which he was a studious reader, had advised the President of every sensation that had appeared. Jefferson and his Cabinet had nervously debated the situation, decided on plans to forestall the conspiracy, and then hurriedly abandoned them;[877] evidently they had no faith in the lurid stories of Burr's treasonable purposes and preparations.

Letters to Jefferson from the West, arriving October 24, 1806, bore out the disbelief of the President and his Cabinet in Burr's lawless activities; for these advices from the President's friends who, on the ground, were closely watching Burr, contained "not one word ... of any movements by Colonel Burr. This total silence of the officers of the Government, of the members of Congress, of the newspapers, proves he is committing no overt act against law," Jefferson wrote in his Cabinet Memorandum.[878] So the President and his Cabinet decided to do nothing further at that time than to order John Graham, while on his way to assume the office of Secretary of the Orleans Territory, to investigate Burr's activities.

But when the mysterious warnings from Wilkinson reached Jefferson, he again called his Cabinet into consultation and precipitate action was taken. Orders were dispatched to military commanders to take measures against Burr's expedition; Wilkinson was directed to withdraw his troops confronting the Spaniards and dispose of them for the defense of New Orleans and other endangered points.

Most important of all, a Presidential Proclamation was issued to all officials and citizens, declaring that a conspiracy had been discovered, warning all persons engaged in it to withdraw, and directing the ferreting out and seizure of the conspirators' "vessels, arms and military stores."[879] Graham preceded the Proclamation and induced Governor Tiffin and the Ohio Legislature to take action for the seizure of Burr's boats and supplies at Marietta; and this was done.

On December 10, 1806, Comfort Tyler of Onondaga County, New York, one of the minor leaders of the Burr expedition,[880] arrived at Blennerhassett's island with a few boats and some twenty young men who had joined the adventure. There were a half-dozen rifles among them, and a few fowling pieces. With these the youths went hunting in the Ohio forests. Blennerhassett, too, had his pistols. This was the whole of the warlike equipment of that militant throng—all that constituted that "overt act of treason by levying war against the United States" which soon brought Burr within the shadow of the gallows.

Jefferson's Proclamation had now reached Western Virginia, and it so kindled the patriotism of the militia of Wood County, within the boundaries of which the island lay, that that heroic host resolved to descend in its armed might upon the embattled "traitors," capture and deliver them to the vengeance of the law. The Wood County men, unlike those of Ohio, needed no act of legislature to set their loyalty in motion. The Presidential Proclamation, and the sight of the enemies of the Nation gathered in such threatening and formidable array on Blennerhassett's island, were more than enough to cause them to spring to arms in behalf of their imperiled country.

Badly frightened, Blennerhassett and Tyler, leaving Mrs. Blennerhassett behind, fled down the river with thirty men in six half-equipped boats. They passed the sentries of the Wood County militia only because those ministers of vigilance had got thoroughly drunk and were sound asleep. Next day, however, the militia invaded the deserted island and, finding the generously stocked wine cellar, restored their strength by drinking all the wine and whiskey on the place. They then demonstrated their abhorrence of treason by breaking the windows, demolishing the furniture, tearing the pictures, trampling the flower-beds, burning the fences, and insulting Mrs. Blennerhassett.[881]

Graham procured the authorities of Kentucky to take action similar to that adopted in Ohio. Burr, still ignorant of Jefferson's Proclamation, proceeded to Nashville, there to embark in the boats Jackson was building for him, to go on the last river voyage of his adventure.

Jackson, like Smith and Clay, had been made uneasy by the rumors of Burr's treasonable designs. He had written Governor Claiborne at New Orleans a letter of warning, particularly against Wilkinson, and not mentioning Burr by name.[882] When Burr arrived at the Tennessee Capital, Jackson, his manner now cold, demanded an explanation. Burr, "with his usual dignified courtesy, instantly complied."[883] It would seem that Jackson was satisfied by his reassurance, in spite of the President's Proclamation which reached Nashville three days before Burr's departure;[884] for not only did Jackson permit him to proceed, but, when the adventurer started down the Cumberland in two of the six boats which he had built on Burr's previous orders, consented that a nephew of his wife should make one of the ten or fifteen young men who accompanied the expedition. He even gave the boy a letter of introduction to Governor Claiborne at New Orleans.[885]

After the people had recovered from the shock of astonishment that Jefferson's Proclamation gave them, the change in them was instantaneous and extreme.[886] The President, to be sure, had not mentioned Burr's name or so much as hinted at treason; all that Jefferson charged was a conspiracy to attack the hated Spaniards, and this was the hope and desire of every Westerner. Nevertheless, the public intelligence penetrated what it believed to be the terrible meaning behind the President's cautious words; the atrocious purpose to dismember the Union, reports of which had pursued Burr since a Spanish agent had first set the rumor afoot a year before, was established in the minds of the people.

Surely the President would not hunt down an American seeking to overthrow Spanish power in North America, when a Spanish "liberator" had been permitted to fit out in the United States an expedition to do the same thing in South America. Surely Jefferson would not visit his wrath on one whose only crime was the gathering of men to strike at Spain with which power, up to that very moment, everybody supposed war to be impending and, indeed, almost begun. This was unthinkable. Burr must be guilty of a greater crime—the greatest of crimes. In such fashion was public opinion made ready to demand the execution of the "traitor" who had so outrageously deceived the people; and that popular outcry began for the blood of Aaron Burr by which John Marshall was assailed while presiding over the court to which the accused was finally taken.

From the moment that Wilkinson decided to denounce Burr to the President, his language became that of a Bombastes Furioso, his actions those of a military ruffian, his secret movements matched the cunning of a bribe-taking criminal. By swiftest dispatch another message was sent to Jefferson. "My doubts have ceased," wrote Wilkinson, concerning "this deep, dark, wicked, and wide-spread conspiracy, embracing the young and the old, the democrat and the federalist, the native and the foreigner, the patriot of '76 and the exotic of yesterday, the opulent and the needy, the ins and the outs."

Wilkinson assured Jefferson, however, that he would meet the awful emergency with "indefatigable industry, incessant vigilance and hardy courage"; indeed, declared he, "I shall glory to give my life" to defeat the devilish plot. But the numbers of the desperadoes were so great that, unless Jefferson heavily reinforced him with men and ships, he and the American army under his command would probably perish.[887]

As the horse bearing the messenger to Jefferson disappeared in the forests, another, upon which rode a very different agent, left Wilkinson's camp and galloped toward the Southwest. The latter agent was Walter Burling, a corrupt factotum of Wilkinson's, whom that martial patriot sent to the Spanish Viceroy at Mexico City to advise him of Wilkinson's latest service to Spain in thwarting Burr's attack upon the royal possessions, and in averting war between the United States and His Catholic Majesty. For these noble performances Wilkinson demanded of the Spanish Viceroy more than one hundred and ten thousand dollars in cash, together with other sums which "he [had] been obliged to spend in order to sustain the cause of good government, order and humanity."[888]

Wilkinson had asked the Viceroy to destroy the letter and this was accordingly done in Burling's presence. The Royal representative then told Burling that he knew all about Burr's plans to invade Mexico, and had long been ready to repel a much larger force than Wilkinson stated Burr to be leading. "I thanked him for his martial zeal and insinuated that I wished him happiness in the pursuit of his righteous intentions," wrote the disgusted and sarcastic Viceroy in his report to the Government at Madrid.[889] With this Wilkinson had to be content, for the Viceroy refused to pay him a peso.

Upon Burling's return, the vigilant American Commander-in-Chief forwarded to Jefferson a report of conditions in Mexico, as represented by Burling, together with a request for fifteen hundred dollars to pay that investigator's expenses.[890] The sole object of Burling's journey was, Wilkinson informed the President, to observe and report upon the situation in the great Spanish Vice-royalty as recent events had affected it, with respect to the interests of the United States; and Jefferson was assured by the General that his agent was the soundest and most devoted of patriots.[891]

To back up the character he was now playing, Wilkinson showered warnings upon the officers of the Army and upon government officials in New Orleans. "The plot thickens.... My God! what a situation has our country reached. Let us save it if we can.... On the 15th of this month [November], Burr's declaration is to be made in Tennessee and Kentucky; hurry, hurry after me, and, if necessary, let us be buried together, in the ruins of the place we shall defend." This was a typical message to Colonel Cushing.[892]

Wilkinson dispatched orders to Colonel Freeman at New Orleans to repair the defenses of the city; but "be you as silent as the grave.... You are surrounded by secret agents."[893] He informed Governor Claiborne that "the storm will probably burst in New Orleans, where I shall meet it and triumph or perish."[894] Otherwise "the fair fabric of our independence ... will be prostrated, and the Goddess of Liberty will take her flight from the globe forever." Again and again, Wilkinson sounded the alarm. "Burr with rebellious bands may soon be at hand." Therefore, "civil institutions must ... yield to the strong arm of military law."[895] But Claiborne must "not breathe or even hint" that catastrophe was approaching.

At last, however, Wilkinson unbosomed himself to the merchants of New Orleans whom he assembled for that purpose. Agents of the bandit chief were all around them, he said—he would have arrested them long since had he possessed the power. The desperadoes were in larger force than he had at first believed—"by all advices the enemy, at least 2000 strong," would soon reach Natchez. They meant, first, to sack New Orleans and then to attack Mexico by land and sea. If successful in that invasion, "the Western States were then to be separated from the Union." But Wilkinson would "pledge his life in the defense of the city and his country."[896]

At that moment Burr had not even started down the Mississippi with his nine boats manned by sixty young men.

For a time the city was thrown into a panic.[897] But Wilkinson had overblustered. The people, recovered from their fright, began to laugh. Thousands of fierce Vandals, brandishing their arms, on their way to take New Orleans, capture Mexico, destroy the Union! And this mighty force not now far away! How could that be and no tidings of it except from Wilkinson? That hero witnessed with dismay this turn of public sentiment. Ruthless action, then, or all his complicated performances would go for naught. Ridicule would be fatal to his plans.

So General James Wilkinson, as head of the Army of the United States, began a reign of lawless violence that has no parallel in American history. To such base uses can authority be put—with such peril to life and liberty is it invested—when unchecked by Constitutional limitation enforced by fearless and unprejudiced judges! Men were arrested and thrown into prison on Wilkinson's orders, wholly without warrant of law. The first thus to be seized were Samuel Swartwout and Dr. Justus Erich Bollmann. Their papers were confiscated; they were refused counsel, were even denied access to the courts. Soldiers carried them to a warship in the river which at once set sail with orders from Wilkinson for the delivery of the prisoners to the President at Washington.[898]

Another man similarly arrested was Peter V. Ogden of New York, nephew of Jonathan Dayton, who had been the companion of Swartwout in his long overland journey in quest of Wilkinson. Public-spirited lawyers swore out writs of habeas corpus for these three men. Not a syllable of evidence was adduced against Ogden, who by some mischance had not been transported with Bollmann and Swartwout, and the court discharged him.

In response to the order of the court to produce the bodies of Bollmann and Swartwout, Wilkinson sent his aide with the General's return to the process. As the "Commander of the Army of the United States," he said, he took on himself "all responsibility ... resulting from the arrest of Erick Bollmann, who is accused of being guilty of the crime of treason against the government and the laws of the United States," and he had "taken opportune measures to warrant his safe delivery into the hands of the President."

This had been done, avowed Wilkinson, solely in order "to secure the nation which is menaced to its foundations by a band of traitors associated with Aaron Burr." To that end he would, he defiantly informed the court, "arrest, without respect to class or station, all those against whom [he had] positive proof of being accomplices in the machinations against the state."[899] This defiance of the courts was accompanied by a copy of Wilkinson's version of Burr's cipher letter and some memoranda by Bollmann, together with Wilkinson's assertion that he had certain evidence which he would not, at that time, disclose.

Jefferson had long demanded of Wilkinson a copy of the incriminating Burr letter, and this was now forwarded, together with the General's account of the arrest of Bollmann, Swartwout, and Ogden. In his report to the President, Wilkinson accused the judge who had released Ogden of being an associate of Burr in his "treasonable combinations," and characteristically added that he would "look to our country for protection" in case suit for damages was brought against him by Bollmann and Swartwout.[900]

While Bollmann and Swartwout, in close confinement on the warship, were tossing on the winter seas, the saturnalia of defiance of the law continued in New Orleans. Ogden was again seized and incarcerated. So was his friend, James Alexander of New York, who had displeased Wilkinson by suing out the writs of habeas corpus. Both were shortly taken to a military prison. Judges, leading lawyers, prominent citizens—all protested in vain. New writs of habeas corpus were issued and ignored. Edward Livingston sued out a writ of attachment[901] against Wilkinson. It was defied. The civil governor was appealed to; he was cowed and declined to act in this "delicate as well as dangerous" state of things. In despair and disgust Judge James Workman adjourned the Orleans County Court sine die and resigned from the Bench;[902] he too was seized by Wilkinson's soldiers, and recovered his liberty only by the return of the Judge of the United States District Court, who dared the wrath of the military tyrant in order to release his imprisoned fellow judge.[903]

In the midst of this debauch of military lawlessness, General John Adair, late one afternoon, rode into New Orleans. He had come on business, having sent three thousand gallons of whiskey and two boatloads of provisions to be sold in the city, and expecting also to collect a debt of fifteen hundred dollars due him at that place; he had also intended to make some land deals.

The moment Wilkinson heard of the arrival of his old friend and comrade, the General ordered "a captain and one hundred soldiers" to seize Adair. This was done so peremptorily that he was not allowed to dine, "altho the provision was ready on the table"; he was denied medicine, which on account of illness he wished to take with him; he was refused extra clothing and was not even allowed "to give directions respecting his horses which cost him $700 in Kentucky." Then the bewildered Adair was hurried on board a schooner and taken "down the river 25 miles, landed on the other side ... and placed under a tent in a swamp."

After he had been kept six days under guard in this situation, Adair "was shipped aboard the schooner Thatcher for Baltimore ... in the custody of Lt. Luckett." Wilkinson ordered the lieutenant to keep Adair in close confinement and to resist "with force and arms" any civil officer who might attempt to take Adair "by a writ of habeas corpus."[904]

The reason for this particular atrocity was that Wilkinson had written Adair the letters quoted above, and unless his correspondent were discredited and disgraced, he could convict Wilkinson of the very conspiracy with which Burr was being charged.[905] During his reign of terror to put down "treason," the General was in secret communication with the Spaniards, earning the bribe money which he was, and long had been, receiving from them.[906]

While Wilkinson at New Orleans was thus openly playing despot and secretly serving Spain, the President's Annual Message was read to Congress.

In this document Jefferson informed the National Legislature of the advance of the Spaniards toward American territory, the alarming posture of affairs, the quick response of the pioneers to the call of the Government for volunteers. "Having received information," he said, "that, in another part of the United States, a great number of private individuals were combining together, arming and organizing themselves contrary to law, to carry on a military expedition against the territories of Spain [he] thought it necessary to take measures ... for suppressing this enterprise ... and bringing to justice its authors and abettors."[907] Such was the slight reference made to the Burr "conspiracy." Thanks to the President's Proclamation, the "treasonable" plot of Aaron Burr was already on every tongue; but here, indeed, was an anti-climax.

The Senate referred the brief paragraph of the President's Message relating to the conspiracy to a special committee. The committee took no action. Everybody was in suspense. What were the facts? Nobody knew. But the air was thick with surmise, rumor, conjecture, and strange fancies—none of them bearing the color of truth.[908] Marshall was then in Washington and must have heard all these tales which were on every tongue.

In two weeks from the time Jefferson's Message was read to Congress, John Randolph rose in his place in the House, and in a speech of sharp criticism both of Spain and of the President, demanded that the President lay before Congress any information in his possession concerning the conspiracy and the measures taken to suppress it.[909]

A heated debate followed. Jefferson's personal supporters opposed the resolution. It was, however, generally agreed, as stated by George W. Campbell of Tennessee, that "this conspiracy has been painted in stronger colors than there is reason to think it deserves." There was no real evidence, said Campbell; nothing but "newspaper evidence."[910] Finally that part of the resolution calling for the facts as to the conspiracy was passed by a vote of 109 yeas to 14 nays; while the clause demanding information as to the measures Jefferson had taken was carried by 67 yeas to 52 nays.[911]

A week later the President responded in a Special Message. His information as to the conspiracy was, he said, a "voluminous mass," but there was in it "little to constitute legal evidence." It was "chiefly in the form of letters, often containing such a mixture of rumors, conjectures, and suspicions, as renders it difficult to sift out the real facts." On November 25, said Jefferson, he had received Wilkinson's letter exposing Burr's evil designs which the General, "with the honor of a soldier and fidelity of a good citizen," had sent him, and which, "when brought together" with some other information, "developed Burr's general designs."[912]

The President assured Congress that "one of these was the severance of the Union of these States beyond the Alleghany mountains; the other, an attack on Mexico. A third object was provided ... the settlement of a pretended purchase of a tract of country on the Washita." But "this was merely a pretext." Burr had soon found that the Western settlers were not to be seduced into secession; and thereupon, said Jefferson, the desperado "determined to seize upon New Orleans, plunder the bank there, possess himself of the military and naval stores, and proceed on his expedition to Mexico." For this purpose Burr had "collected ... all the ardent, restless, desperate, and disaffected persons" within his reach.

Therefore the President made his Proclamation of November 27, which had thwarted Burr's purposes. In New Orleans, however, General Wilkinson had been forced to take extreme measures for the defense of the country against the oncoming plunderers. Among these was the seizure of Bollmann and Swartwout who were "particularly employed in the endeavor to corrupt the General and the Army of the United States," and who had been sent oversea by Wilkinson for "ports in the Atlantic states, probably on the consideration that an impartial trial could not be expected ... in New Orleans, and that the city was not as yet a safe place of confinement."[913]

As to Burr, Jefferson assured Congress that his "guilt is placed beyond question."[914]

With this amazing Message the President sent an affidavit of Wilkinson's, as well as two letters from that veracious officer,[915] and a copy of Wilkinson's version of Burr's letter to him from which the General had carefully omitted the fact that the imprudent message was in answer to a dispatch from himself. But Jefferson did not transmit to Congress the letter, dated October 21, 1806, which he had received from Wilkinson.

Thoughtful men, who had personally studied Burr for years and who were unfriendly to him, doubted the accuracy of Wilkinson's version of the Burr dispatch: "It sounds more like Wilkinson's letter than Burr's," Senator Plumer records in his diary. "There are ... some things in it quite irrelevant.... Burr's habits have been never to trust himself on paper, if he could avoid it—when he wrote, it was with great caution.... Wilkinson is not an accurate correct man."[916]

No such doubts, however, assailed the eager multitude. The awful charge of treason had now been formally made against Burr by the President of the United States. This, the most sensational part of Jefferson's Message, at once caught and held the attention of the public, which took for granted the truth of it. From that moment the popular mind was made up, and the popular voice demanded the life of Aaron Burr. No mere trial in court, no adherence to rules of evidence, no such insignificant fact as the American Constitution, must be permitted to stand between the people's aroused loyalty and the miscreant whom the Chief Executive of the Nation had pronounced guilty of treason.