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."