On the suggestion of Wilkinson, Mexico was twice visited by Daniel Clark. He held conferences and effected arrangements with many of the principal militia officers, who engaged to favour the revolution. The Catholic bishop, resident at New-Orleans, was also consulted, and prepared to promote the enterprise. He designated three priests, of the order of Jesuits, as suitable agents, and they were accordingly employed. The bishop was an intelligent and social man. He had been in Mexico, and spoke with great freedom of the dissatisfaction of the clergy in South America. The religious establishments of the country were not to be molested. Madame Xavier Tarjcon, superior of the convent of Ursuline nuns at New-Orleans, was in the secret. Some of the sisterhood were also employed in Mexico. So far as any decision had been formed, the landing was to have been effected at Tampico.
During the year 1806 Colonel Burr was at the house of General Andrew Jackson for some days. Repeated and detailed conversations were held between them in relation to the expedition. Subsequently, General Jackson addressed a letter to Colonel Burr, in which he alluded to rumours that were afloat of his having hostile designs against the United States; adding that, if this were true, he would hold no communication on the subject; but, if untrue, and his intentions were to proceed to Mexico, he (Jackson) would join and accompany him with his whole division. To this the proper answer was given.
About the same time Colonel Burr wrote Senator John Smith, of Ohio, on the subject of these rumours, in which letter he says—"If Bonaparte, with all his army, was in the western country for the purpose of accomplishing that object, they would never again see salt water." It may be proper to state here that Colonel Burr's whole force at no time exceeded one hundred and thirty men.
This is a brief, but it is believed to be a true and faithful account of Colonel Burr's views and projects during the years 1805 and 1806. In the progress of these transactions many individuals were implicated. While the promulgation of their names might tend to gratify an idle curiosity, it could be productive of no possible good. (The charge of treason, now that the storm has blown over, is so perfectly ridiculous, that one who investigates the subject will be astounded that it ever gained credence. It originated with the most corrupt and unprincipled, and was countenanced, propagated, and sustained by the most malignant.) When the charge of treason was first spread abroad, Colonel Burr appeared to be deserted and abandoned by his confidential and devoted friends. Even his son-in-law, Governor Alston, seemed to shrink from the consequences of an intercourse with him. All those who were in any manner connected with the contemplated expedition disclaimed the idea of treasonable designs, averring that, if such were the views of Colonel Burr, they had been deceived. And what does all this prove? Does it not demonstrate that if his object was a separation of the Union, that object was to be accomplished without the knowledge or aid of his friends and associates? Can any thing place the charge in a more ridiculous point of view?
Colonel Burr was arrested as a traitor on the Tombigbee river, Mississippi territory, and transported to Richmond, where he arrived on the 26th of March, 1807. He was bailed until the 22d of May, when the court was to convene. A description of the outrages and cruelty which he endured would fill volumes. A calm and dispassionate detail of the means which were adopted by Mr. Jefferson to obtain an opportunity of shedding his blood, under colour of law, would be revolting to the philanthropist and the patriot, while it would not change public opinion of this philosopher.
In October, 1806, Mr. Swartwout delivered to General Wilkinson a letter from Burr, written in cipher. That letter Wilkinson altered, and then deciphered it. The forgery was detected before the grand jury, and he compelled to acknowledge the fact, although he had sworn to the translation as being correct in all its parts. Notwithstanding Mr. Jefferson's knowledge that Wilkinson was a Spanish pensioner, which fact Mr. Derbigny had stated to Secretary Gallatin in a letter, and subsequently swore to its truth; and notwithstanding his perjury before the grand jury, yet did the president sustain and countenance the general as a fit instrument for his purposes.
Other arrests were made during this military reign of terror, viz., Generals Adair and Dayton, Blennerhassett, Swartwout, Alexander, Smith, Bollman, Ogden, &c. Burr and Blennerhasset alone were brought to trial. On the 22d of May, 1807, came on the cause of Aaron Burr 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, and the other for a misdemeanour. On the 30th of June he was committed to the penitentiary for safe keeping until the third 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. Colonel Burr had more than thirty witnesses in attendance, but deemed it unnecessary to call any of them.
On the 1st day of September, 1807, the jury retired, and in a short time returned with the following verdict, which was read by Colonel Carrington, their foreman.
"We of the jury say that Aaron Burr is not proved to be guilty under this indictment by any evidence submitted to us. We therefore find him not guilty."
This verdict was objected to by Colonel Burr as informal. He observed that, whenever a verdict is informal, the court will either send back the jury to alter it, or correct it itself; that they had no right to depart from the usual form, &c. Mr. Hay thought the verdict ought to be recorded as found by the jury, which was substantially a verdict of acquittal; and that no principle of humanity, policy, or law forbade its being received in the very terms used by the jury.