“The dangers,” said he,[228] “which impend over this city and menace the laws and government of the United States from an unauthorized and formidable association must be successfully opposed at this point, or the fair fabric of our independence, purchased by the best blood of our country, will be prostrated, and the Goddess of Liberty will take her flight from this globe forever. Under circumstances so imperious, extraordinary measures must be resorted to, and the ordinary forms of our civil institutions must for a short period yield to the strong arm of military law.”
Claiborne mildly resisted the pressure, with much good temper refusing to sanction either the impressment of seamen, the suspension of the writ of habeas corpus, the declaration of martial law, or the illegal arrest of suspected persons, while he insisted on meeting the emergency with the ordinary legal means at his disposal. Wilkinson was obliged to act in defiance of his advice.
Sunday, December 14, arrests at New Orleans began. Bollman was first to be seized. Swartwout and Ogden had been arrested at Fort Adams. These seizures, together with that of Bollman’s companion, Alexander, and Wilkinson’s wild talk, spread panic through the city. The courts tried to interpose, and applied for support to Governor Claiborne. The Governor advised Wilkinson to yield to the civil authorities; but Wilkinson refused, thus establishing in the city something equivalent to martial law. He knew, or believed, that both Judge Workman and Judge Prevost were engaged in the conspiracy with Burr, and he was obliged to defy them, or to risk his own success. The only effect of the attempt to enforce the writ of habeas corpus in favor of the prisoners was to draw out what had been hitherto concealed,—Burr’s letter of July 29. Not until December 18 did Wilkinson send a written version of that letter to the President.[229] In order to warrant the arrests of Swartwout and Ogden, Wilkinson, December 26, swore to an affidavit which embodied Burr’s letter.
This step brought the panic in New Orleans to a climax. Wilkinson’s military measures were evidently directed rather against the city than against Burr. His previous complicity in the projects of Burr was evident. His power of life and death was undisputed. Every important man in New Orleans was a silent accomplice of Burr, afraid of denunciation, and at Wilkinson’s mercy. He avowed publicly that he would act with the same energy, without regard to standing or station, against all individuals who might be participants in Burr’s combination; and it would have been difficult for the best people in New Orleans to prove that they had no knowledge of the plot, or had given it no encouragement. The creole gentlemen began to regret the mild sway of Claiborne when they saw that their own factiousness had brought them face to face with the chances of a drumhead court-martial.
Wilkinson’s violence might have provoked an outbreak from the mere terror it caused, had he not taken care to show that he meant in reality to protect and not to punish the chief men of the city. After the first shock, his arrests were in truth reassuring. The people could afford to look on while he seized only strangers, like Bollman and Alexander; even in Swartwout and Ogden few citizens of New Orleans took much personal interest. Only in case the General had arrested men like Derbigny or Edward Livingston or Bellechasse would the people be likely to resist; and Wilkinson showed that he meant to make no arrests among the residents, and to close his eyes against evidence that could compromise any citizen of the place. “Thank God!” he wrote to Daniel Clark, December 10,[230] “your advice to Bellechasse, if your character was not a sufficient guaranty, would vindicate you against any foul imputation.” In another letter, written early in January, he added,[231]—
“It is a fact that our fool [Claiborne] has written to his contemptible fabricator [Jefferson], that you had declared if you had children you would teach them to curse the United States as soon as they were able to lisp.”
Claiborne had brought such a charge only a few weeks before, and Wilkinson must have heard it from Claiborne himself, who had already written to withdraw it on learning Clark’s advice to Bellechasse. Nevertheless Wilkinson continued,—
“Cet bête [Claiborne] is at present up to the chin in folly and vanity. He cannot be supported much longer, for Burr or no Burr we shall have a revolt if he is not removed speedily. The moment Bonaparte compromises with Great Britain will be the signal for a general rising of French and Spaniards; and if the Americans do not join, they will not oppose. Take care! Suspicion is abroad; but you have a friend worth having.”
Clark’s business correspondents in New Orleans delivered to Wilkinson a letter which came to them from Burr without address, but which was intended for Bollman.[232] “For your own sake,” said the General, “take that letter away! Destroy, and say nothing of it!” A year later, when the frightened crew of conspirators recovered from their panic and began to turn upon him with ferocity on account of his treason to them and to Burr, Wilkinson wrote to Daniel Clark a last letter, mentioning in semi-threatening language the written evidence in his possession against Clark himself, and adding,[233]—
“Much pains were taken by Bollman to induce me to believe you were concerned. Swartwout assured me Ogden had gone to New Orleans with despatches for you from Burr, and that you were to furnish provisions, etc. Many other names were mentioned to me which I have not exposed, nor will I ever expose them unless compelled by self-defence....”