Voices; Birth-Marks; The Man and the Elephant

by Mathew Joseph Holt

“Rumor of this conversation reached Mr. Clay, who was also a member-elect of Congress, and he came to Mr. Rowan asking advice as to his employment. Rowan advised: ‘Since you have already appeared as counsel, I think you should continue; that is, if your client will give you written assurance of his innocence.’

“At Mr. Clay’s request Colonel Burr, on December 1, gave him this statement: ‘I have no design nor have I taken any measure to promote a dissolution of the Union, or a separation of any one or more states from the residue. I have neither published a line on this subject nor has any one through my agency or with my knowledge. I have no design to intermeddle with the government, or to disturb the tranquillity of the United States, nor of its territories, or any part of them. I have neither issued [pg 320] nor signed, nor promised a commission to any person for any purpose. I do not own a musket or bayonet or any single article of military stores nor does any person for me by my authority or my knowledge. My views have been explained to and approved by several of the principal officers of the government and I believe are well understood by the administration and seen by it with complacency; they are such as every man of honor and every good citizen must approve. Considering the high station you now fill in our national councils, I have thought these explanations proper, as well as to counteract the chimerical tales, which malevolent persons have industriously circulated, as to satisfy you that you have not espoused the cause of a man in any way unfriendly to the laws, the government or the interests of his country.’

“This statement Burr gave without hesitancy, though his guilt is now established. Some months prior to giving it, on July 29th, he wrote General Wilkinson:

“‘I have obtained funds and have actually commenced the enterprise. Detachments from different points and on different pretences, will rendezvous on the Ohio on the 1st of November. Everything internal and external favors views * * * Already are orders given to contractors to forward six months’ provisions to point Wilkinson may name. The project is brought to the point so long desired. Burr guarantees the result with his life and honor and with the lives and fortunes of hundreds—the best blood of the country. Wilkinson shall be second only to Burr. Wilkinson shall dictate the rank of his officers. Burr’s plan of operations is to move down rapidly from the falls by the 15th of November, with the first five or ten hundred men, in light boats now constructing, to be at Natches between the 5th and 15th of December, [pg 321] there to meet Wilkinson; there to determine whether it will be expedient in the first instance to seize on or pass by Baton-Rogue.’

“On the 25th of November Mr. Daviess announced to the Court that he could have Davis Floyd present on December 2nd and asked that a second grand jury be empaneled for that date; which was done.

“But on the 2nd Mr. Daviess was again forced to ask a postponement because of the absence of John Adair; though he asked that the grand jury be retained until he could enforce Adair’s attendance by attachment.

“This occasioned a lively and prolonged argument between Burr’s counsel and Daviess, to which all the overcrowded court room listened with marked attention.

“Clay had the sympathy of the majority of the audience. The proposed expedition and its leader were popular. Clay was a Democrat. Daviess was a Federalist, a decidedly minority party in Kentucky. The people believed in the innocence of the smiling and composed Burr. The judge was with him and refused to retain the grand jury after the disposition of pending business. It was up to Daviess to make business until Adair could be found. He asked an attachment for him, which the Court denied, holding he was not in contempt until the end of the day’s session. He drafted an indictment charging Adair with complicity in the Burr conspiracy; but the grand jury returned it, ‘not a true bill.’ As it was late, Daviess asked for and procured an adjournment until the next day.

“When the court reassembled, Daviess asked, as prosecuter, to go before the grand jury to examine his witnesses so they would understand and be able to piece together the detached evidence constituting the conspiracy. The request was resisted by counsel for Burr [pg 322] and refused by the court, though the judge himself had suggested it the evening before.

“The grand jury at the close of the hearing returned the indictment submitted against Col. Burr, ‘Not a true bill’—and further declared in their report, that the evidence submitted completely exonerated him from any designs against the peace and dignity of the United States.