FOOTNOTES:

FOOTNOTES:[752]"We were all deeply affected, and many shed tears." (Plumer to his wife, March 2, 1805, Plumer, 331; and seeMemoirs, J. Q. A.: Adams,i, 367.)"Tears did flow abundantly." (Burr to his daughter, March 13, 1805, Davis,ii, 360.)[753]"There was nothing written or prepared.... It was the solemnity, the anxiety, the expectation, and the interest which I saw strongly painted in the countenances of the auditors, that inspired whatever was said." (Ib.360.)[754]The speech, records theWashington Federalist, which had been extremely abusive of Burr, "was said to be the most dignified, sublime and impressive that ever was uttered.""His address ... was delivered with great force and propriety." (Plumer to his wife, March 2, 1805, Plumer, 331.)"His speech ... was delivered with great dignity.... It was listened to with the most earnest and universal attention." (Memoirs, J. Q. A.: Adams,i, 367.) Burr made a profound impression on John Quincy Adams. "There was not a member present but felt the force of this solemn appeal to his sense of duty." (J. Q. Adams to his father, March 14, 1805,Writings, J. Q. A.: Ford,iii, 119.)The franking privilege was given Burr for life, a courtesy never before extended except to a President of the United States and Mrs. Washington. (See Hillhouse's speech,Annals, 10th Cong. 1st Sess. 272.)[755]His father was the President of Princeton. His maternal grandfather was Jonathan Edwards.[756]Hamilton's pursuit of Burr was lifelong and increasingly venomous. It seems incredible that a man so transcendently great as Hamilton—easily the foremost creative mind in American statesmanship—should have succumbed to personal animosities such as he displayed toward John Adams, and toward Aaron Burr.The rivalry of Hamilton and Burr began as young attorneys at the New York bar, where Burr was the only lawyer considered the equal of Hamilton. Hamilton's open hostility, however, first showed itself when Burr, then but thirty-five years of age, defeated Hamilton's father-in-law, Philip Schuyler, for the United States Senate. The very next year Hamilton prevented Burr from being nominated and elected Governor of New York. Then Burr was seriously considered for Vice-President, but Hamilton also thwarted this project.When Burr was in the Senate, the anti-Federalists in Congress unanimously recommended him for the French Mission; and Madison and Monroe, on behalf of their colleagues, twice formally urged Burr's appointment. Hamilton used his influence against it, and the appointment was not made. At the expiration of Burr's term in the Senate, Hamilton saw to it that he should not be chosen again and Hamilton's father-in-law this time succeeded.President Adams, in 1798, earnestly desired to appoint Burr to the office of Brigadier-General under Washington in the provisional army raised for the expected war with France. Hamilton objected so strenuously that the President was forced to give up his design. (See Adams to Rush, Aug. 25, 1805,Old Family Letters, 77; and same to same, June 23, 1807,ib.150.)In the Presidential contest in the House in 1801 (see vol.ii, 533-38, of this work), Burr, notwithstanding his refusal to do anything in his own behalf (ib.539-47), would probably have been elected instead of Jefferson, had not Hamilton savagely opposed him. (Ib.)When, in 1804, Burr ran for Governor of New York, Hamilton again attacked him. It was for one of Hamilton's assaults upon him during this campaign that Burr challenged him. (See Parton:Life and Times of Aaron Burr, 339et seq.; also Adams:U.S.ii, 185et seq.; andPrivate Journal of Aaron Burr, reprinted from manuscript in the library of W. K. Bixby, Introduction, iv-vi.) So prevalent was dueling that, but for Hamilton's incalculable services in founding the Nation and the lack of similar constructive work by Burr, the hatred of Burr's political enemies and the fatal result of the duel, there certainly would have been no greater outcry over the encounter than over any of the similar meetings between public men during that period.[757]Dueling continued for more than half a century. Many of the most eminent of Americans, such as Clay, Randolph, Jackson, and Benton, fought on "the field of honor." In 1820 a resolution against dueling, offered in the Senate by Senator Morrill of New Hampshire, was laid on the table. (Annals, 16th Cong. 1st Sess. 630, 636.)[758]McCaleb:Aaron Burr Conspiracy, 19; Parton:Burr, 382.[759]Vol.ii, 545, of this work.[760]Adams:U.S.i, 331.[761]"His official conduct in the Senate ... has fully met my approbation," testifies the super-critical Plumer in a letter to his wife March 2, 1805. (Plumer, 331.)[762]"Burr is completely an insulated man." (Sedgwick to King, Feb. 20, 1802, King,iv, 74.)"Burr has lost ground very much with Jefferson's sect during the present session of Congress.... He has been not a little abused ... in the democratic prints." (Troup to King, April 9, 1802, King,iv, 103.)Also seesupra, chap.ii; Adams:U.S.i, 280; and Parton:Burr, 309.[763]Adams:U.S.i, 230-33; Channing:Jeff. System, 17-19.[764]"Burr is a gone man; ... Jefferson is really in the dust in point of character, but notwithstanding this, he is looked up to ... as the Gog and Magog of his party." (Troup to King, Dec. 12, 1802, King,iv, 192-93.) See also Adams:U.S.i, 282.[765]Channing:Jeff. System, 18-19.[766]Adams:U.S.i, 332.[767]Adams:U.S.ii, 185."He was accused of this and that, through all of which he maintained a resolute silence. It was a characteristic of his never to refute charges against his name.... It is not shown that Burr ever lamented or grieved over the course of things, however severely and painfully it pressed upon him." (McCaleb, 19.) See also Parton:Burr, 336.[768]"Burr ... is acting a little and skulking part. Although Jefferson hates him as much as one demagogue can possibly hate another who is aiming to rival him, yet Burr does not come forward in an open and manly way agt. him.... Burr is ruined in politics as well as in fortune." (Troup to King, Aug. 24, 1802, King,iv, 160.)[769]Davis,ii, 89et seq.; Adams:U.S.i, 332-33; McCaleb, 20; Parton:Burr, 327et seq.[770]Seesupra, 150-52, and vol.iv, chap.i, of this work.[771]Plumer, 295.[772]It appears that some of the New England Federalists urged upon the British Minister the rejection of the articles of the Boundary Treaty in retaliation for the Senate's striking out one article of that Convention. They did this, records the British Minister, because, as they urged, such action by the British Government "would prove to be a great exciting cause to them [the New England Secessionists] to go forward rapidly in the steps which they have already commenced toward a separation from the Southern part of the Union."The [Federalist] members of the Senate," continues Merry, "have availed themselves of the opportunity of their being collected here to hold private meetings on this subject, and ... their plans and calculations respecting the event have been long seriously resolved.... They naturally look forward to Great Britain for support and assistance whenever the occasion shall arrive." (Merry to Hawkesbury, March 1, 1804, as quoted in Adams:U.S.ii, 392.)[773]As early as 1784, Washington declared that he feared the effect on the Western people "if the Spaniards on their right, and Great Britain on their left, instead of throwing impediments in their way as they now do, should hold out lures for their trade and alliance.... The western settlers (I speak now from my own observations) stand as it were, upon a pivot. The touch of a feather would turn them any way.... It is by the cement of interest alone we can be held together." (Washington to the Governor of Virginia, 1784, as quoted in Marshall,v, 15-16.)[774]Marshall,v, 179.[775]Jefferson to Breckenridge, Aug. 12, 1803,Works: Ford,x, footnotes to 5-6.[776]See Shepherd inAm. Hist. Rev.viii, 501et seq.; alsoib.ix, 748et seq.[777]Clark:Proofs of the Corruption of Gen. James Wilkinson, 11-12, 16, 18-24, and documents therein referred to and printed in the appendix to Clark's volume.[778]"Wilkinson is entirely devoted to us. He enjoys a considerable pension from the King." (Casa Yrujo, Spanish Minister, to Cevallos, Jan. 28, 1807, as quoted in Adams:U.S.iii, 342.) And see affidavits of Mercier and Derbigny,Blennerhassett Papers: Safford, footnotes to 429, 432."He [Wilkinson] had acted conformably as suited the true interests of Spain, and so I assured him for his satisfaction." (Folch, Spanish Governor of Florida, to the Governor-General of Cuba, June 25, 1807, as quoted by Cox inAm. Hist. Rev.x, 839.)[779]Parton:Burr, 383; see also McCaleb, 4-9.It should be borne in mind that this was the same Wilkinson who took so unworthy a part in the "Conway Cabal" against Washington during the Revolution. (See vol.i, 121-23, of this work.)For further treatment of the Spanish intrigue, see Cox inAm. Hist Rev.xix, 794-812; also Cox inSouthwestern Historical Quarterly,xvii, 140-87.[780]Annual Message, Dec. 3, 1805, and Special Message, Dec. 6, 1805, Richardson,i, 384-85, 388-89.[781]SeeMemoirs, J. Q. A.: Adams,i, 314-15.Burr wrote: "In New-York I am to be disfranchised, and in New-Jersey hanged" but "you will not ... conclude that I have become disposed to submit tamely to the machinations of a banditti." Burr to his son-in-law, March 22, 1805, Davis,ii, 365.[782]1797-98.[783]Lodge:Alexander Hamilton, 212-15; and see Turner inAm. Hist. Rev.x, 276.[784]Davis,ii, 376-79.[785]Only one previous incident in Burr's public life can even be faintly criticized from the point of view of honesty. In 1799 there were in New York City but two banking institutions, and both were controlled by Federalists. These banks aided business men of the Federalist Party and refused accommodation to Republican business men. The Federalists controlled the Legislature and no State charter for another bank in New York could be had.Burr, as a member of the State Senate, secured from the Legislature a charter for the Manhattan Company to supply pure water to the city; but this charter authorized the use by the company of its surplus capital in any lawful way it pleased. Thus was established a new bank where Republican business men could get loans. Burr, in committee, frankly declared that the surplus was to establish a bank, and Governor Jay signed the bill. Although the whole project appears to have been open and aboveboard as far as Burr was concerned, yet when the bank began business, a violent attack was made on him. (Parton:Burr, 237-40.) For charter seeLaws of New York(Webster and Skinner's edition), 1799, chap. 84.[786]Merry to Harrowby, Aug. 6, 1804, as quoted in Adams:U.S.ii, 395.[787]McCaleb, viii-ix, 20-23.[788]Merry to Harrowby (No. 15), "most secret," March 29, 1805, as quoted in Adams:U.S.ii, 403.[789]Adams:U.S.ii, 394.[790]Davis,ii, 381; also Parton:Burr, 412.[791]Henry Adams, in his researches in the British and Spanish archives, discovered and for the first time made public, in 1890, the dispatches of the British, Spanish, and French Ministers to their Governments. (See Adams:U.S.iii, chaps.xiiiandxiv.)[792]Professor Walter Flavius McCaleb has exploded the myth as to Burr's treasonable purposes, which hitherto has been accepted as history. His book, theAaron Burr Conspiracy, may be said to be the last word on the subject. The lines which Professor McCaleb has therein so firmly established have been followed in this chapter.[793]Pitt died and Burr did not get any money from the British. (See Davis,ii, 381.)[794]"Burr's intrigue with Merry and Casa Yrujo was but a consummate piece of imposture." (McCaleb, viii.)[795]Up to this time Dayton had had an honorable career. He had been a gallant officer of the Revolution; a member of the New Jersey Legislature for several years and finally Speaker of the House; a delegate to the Constitutional Convention; a Representative in Congress for four terms, during the last two of which he was chosen Speaker of that body; and finally Senator of the United States. He came of a distinguished family, was a graduate of Princeton, and a man of high standing politically and socially.[796]See Cox inAm. Hist. Rev.xix, 801; also inSouthwestern Hist. Quarterly,xvii, 174.[797]That Burr, Dayton, and others seriously thought of building a canal around the falls of the Ohio on the Indiana side, is proved by an act passed by the Legislature of Indiana Territory in August, 1805, and approved by Governor William Henry Harrison on the 24th of that month. The act—entitled "An Act to Incorporate the Indiana Canal Company"—is very elaborate, authorizes a capital of one million dollars, and names as directors George Rogers Clark, John Brown, Jonathan Dayton, Aaron Burr, Benjamin Hovey, Davis Floyd, and six others. (SeeLaws of the Indiana Territory, 1801-1806, 94-108.) The author is indebted to Hon. Merrill Moores, M.C., of Indianapolis, for the reference to this statute.[798]Hildreth,V.597.[799]Adair had been a soldier in the Revolutionary War, an Indian fighter in the West, a member of the Kentucky Constitutional Convention, Speaker of the House of Representatives of that State, Registrar of the United States Land Office, and was one of the ablest, most trusted, and best beloved of Kentuckians.Adair afterward declared that "the intentions of Colonel Burr ... were to prepare and lead an expedition into Mexico, predicated on a war" between Spain and the United States; "without a war he knew he could do nothing." If war did not come he expected to settle the Washita lands. (Davis,ii, 380.)[800]See McCaleb, 25; Parton:Burr, 385-86.[801]McCaleb, 26; Parton:Life of Andrew Jackson,i, 307-10.[802]Parton:Jackson,i, 309.[803]Burr to his daughter, May 23,1805. This letter is delightful. "I will ask Saint A. to pray for thee too. I believe much in the efficacy of her prayers." (Davis,ii, 372.)[804]McCaleb, 27; Parton:Burr, 393.[805]McCaleb, 29.[806]Davies, Parton, and McCaleb state that the Catholic Bishop appointed three Jesuits, but there was no bishop in New Orleans at that time and the Jesuits had been suppressed.[807]Burr to his daughter, May 23, 1805, Davis,ii, 372.[808]"No one equalled Andrew Jackson in warmth of devotion to Colonel Burr." (Adams:U.S.iii, 221.)[809]Parton:Jackson,i, 311-12; and McCaleb, 81.[810]McCaleb, 32-33. Minor was probably directed to do this by Casa Yrujo himself. (See Cox:West Florida Controversy, 189.)[811]Clark to Wilkinson, Sept. 7, 1805, Wilkinson:Memoirs of My Own Times,ii, Appendixxxxiii.[812]Testimony of Major James Bruff,Annals, 10th Cong. 1st Sess. 589-609, 616-22.[813]Except, of course, Wilkinson's story that Burr urged Western revolution, during the conference of these two men at St. Louis.[814]McCaleb, 34.[815]Wilkinson's testimony,Annals, 10th Cong. 1st Sess. 611.[816]McCaleb, 35; Parton:Burr, 401.[817]McCaleb, 36-37.[818]Cox, 190; and McCaleb, 39.[819]McCaleb, 38.[820]Pitt died January 6, 1806. The news reached America late in the winter and Wilkinson learned of it some time in the spring. This fed his alarm, first awakened by the rumors set afloat by Spanish agents of which Clark had advised him. According to Davis and Parton, Wilkinson's resolve to sacrifice Burr was now taken. (See Davis,ii, 381-82; also Parton:Burr, 412.)[821]This was that Burr with his desperadoes would seize the President and other officers of the National Government, together with the public money, arsenals, and ships. If, thereafter, he could not reconcile the States to the new arrangement, the bandit chief and his followers would sail for New Orleans and proclaim the independence of Louisiana.Professor McCaleb says that this tale was a ruse to throw Casa Yrujo off his guard as to the now widespread reports in Florida and Texas, as well as America, of Burr's intended descent upon Mexico. (See McCaleb, 54-58.) It should be repeated that the proposals of Burr and Dayton to Merry and Casa Yrujo were not publicly known for many years afterward.Wilkinson had coached Dayton and Burr in the art of getting money by falsehood and intrigue. (Ib.54.)[822]Adams:U.S.iii, 189-91.[823]Blennerhassett Papers: Safford, 115.[824]Blennerhassett to Burr, Dec. 21, 1805,ib.118; and see Davis,ii, 392.[825]McCaleb, 50-53.[826]Plumer, 348; Parton:Burr, 403-04.[827]Eaton assumed this title during his African career. He had no legal right to it.[828]Eaton had done good work as American Consul to Algiers, a post to which he was appointed by President Adams. In 1804, Jefferson appointed him United States Naval Agent to the Barbary States. With the approval of the Administration, Eaton undertook to overthrow the reigning Pasha of Tripoli and restore to the throne the Pasha's brother, whom the former had deposed. In executing this project Eaton showed a resourcefulness, persistence, and courage as striking as the means he adopted were bizarre and the adventure itself fantastic. (Allen:Our Navy and the Barbary Corsairs, 227et seq.)Eaton charged that the enterprise failed because the American fleet did not properly coöperate with him, and because Tobias Lear, American Consul-General to Algiers, compromised the dispute with the reigning Bey whom Eaton's nondescript "army" was then heroically fighting. (Eaton to the Secretary of the Navy, Aug. 9, 1805,Eaton: Prentiss, 376.)Full of wrath he returned to the United States, openly denouncing all whom he considered in any way responsible for the Africandébâcle, and demanding payment of large sums which he alleged had been paid by him in advancing American interests in Africa. (Ib.393, 406; also see Allen, 265.)[829]See Truxtun's testimony,infra, 459-60.[830]The talks between Burr and Eaton took place at the house of Sergeant-at-Arms Wheaton, where Burr boarded. (Annals, 10th Cong. 1st Sess. 510.)[831]See Eaton's deposition,Eaton: Prentiss, 396-403; 4 Cranch, 462-67. (Italics are Eaton's.)[832]Samuel Dana and John Cotton Smith. (See Eaton's testimony,Annals, 10th Cong. 1st Sess. 512; andEaton: Prentiss, 396-403.)That part of Eaton's account of Burr's conversation which differs from those with Truxtun and Decatur is simply unaccountable. That Burr was capable of anything may be granted; but his mind was highly practical and he was uncommonly reserved in speech. Undoubtedly Eaton had heard the common talk about the timidity and supineness of the Government under Jefferson and had himself used language such as he ascribed to Burr.Whichever way one turns, no path out of the confusion appears. But for Burr's abstemious habits (he was the most temperate of all the leading men of that period) an explanation might be that he and Eaton were very drunk—Burr recklessly so—if he indulged in this uncharacteristic outburst of loquacity.[833]Eaton: Prentiss, 402.[834]McCaleb, 62.[835]Burr to Jackson, March 24, 1806, Parton:Jackson,i, 313-14.Burr also told Jackson of John Randolph's denunciation of Jefferson's "duplicity and imbecility," and of small politics receiving "more of public attention than all our collisions with foreign powers, or than all the great events on the theatre of Europe." He closed with the statement, then so common, that such "things begin to make reflecting men think, many good patriots to doubt, and some to despond." (See McCaleb, 51.)[836]This man, then thirty-five years of age, and "engaging in ... appearance" (Blennerhassett Papers: Safford, 434), had had a picturesque career. A graduate of Göttingen, he lived in Paris during the Revolution, went to London for a time, and from there to Vienna, where he practiced medicine as a cover for his real design, which was to discover the prison where Lafayette was confined and to rescue him from it. This he succeeded in doing, but both were taken soon afterward. Bollmann was imprisoned for many months, and then released on condition that he leave Austria forever. He came to the United States and entered into Burr's enterprise with unbounded enthusiasm. His name often appears as "Erick Bolman" in American records.[837]Dayton to Wilkinson, July 24, 1806,Annals, 10th Cong. 1st sess. 560.[838]See testimony of Littleton W. Tazewell, John Brokenbrough, and Joseph C. Cabell. (Annals, 10th Cong. 1st Sess. 630, 675, 676).[839]For Burr's cipher dispatch see Appendix D.[840]Annals, 10th Cong. 1st sess. 424-28 and see McCaleb, 77.Professor McCaleb evidently doubts the disinterestedness of Morgan and his sons. He shows that they had been in questionable land transactions and, at this moment, were asking Congress to grant them a doubtful land claim. (See McCaleb, footnote to 77.)[841]Testimony of Morgan's son,Annals, 10th Cong. 1st Sess. 424.[842]"Colonel Burr, on this occasion as on others, comported himself precisely as a man having 'treasonable' designs wouldnotcomport himself, unless he were mad or intoxicated." (Parton:Burr, 415.) Professor McCaleb's analysis of the Morgan incident is thorough and convincing. (See McCaleb, 76-78.)[843]Nevill and Roberts to Jefferson, Oct. 7, 1806, "Letters in Relation to Burr Conspiracy," MSS. Lib. Cong. This important letter set out that "to give a correct written statement of those [Burr's] conversations [with the Morgans] ... would be difficult ... and indeed, according to our informant, much more was to be collected, from themannerin which certain things were said, and hints given than from words used."[844]McCaleb, 78-79; Parton:Burr, 411.[845]McCaleb, 83-84; Parton:Burr, 412-13.At this time Burr also wrote to William Wilkins and B. H. Latrobe calling their attention to his Bastrop speculation. (Miscellaneous MSS. N.Y. Pub. Lib.)[846]See testimony of Dudley Woodbridge,infra, 489.[847]McCaleb, 80.[848]Parton:Burr, 415-16.[849]McCaleb, 81.[850]Ib.; and see Parton:Jackson,i, 318.[851]"There were not a thousand persons in the United States who did not think war with Spain inevitable, impending, begun!" (Parton:Burr, 407; McCaleb, 110.)[852]See Jefferson to Jackson, Dec. 3,1806, as quoted in McCaleb, 82.[853]See testimony of Colonel Charles Lynch,Annals, 10th Cong. 1st Sess. 656-58; and that of Thomas Bodley, Clerk of the Circuit Court,ib.655-56. The statements of these men are also very important as showing Burr's plans and preparations at this time.[854]McCaleb, 84-85.[855]The Bastrop grant was accessible to the markets of New Orleans; it was surrounded by Indian tribes whose trade was valuable; its forests were wholly unexplored; it was on the Spanish border, and therefore an admirable point for foray or retreat. (See McCaleb, 83; and Cox inSouthwestern Hist. Quarterly,xvii, 150.)[856]Wilkinson to Adair, Sept. 28, 1806, as quoted in open letter of Adair to theOrleans Gazette, May 16, 1807, "Letters in Relation," MSS. Lib. Cong.[857]Wilkinson to Adair, Sept. 28, 1806, as quoted by Plumer, Feb. 20, 1807, "Register," Plumer MSS. Lib. Cong.[858]Adair to Wilkinson, Oct. or Nov. 1806, as quoted by Plumer, Feb. 20, 1807, "Register," Plumer MSS. Lib. Cong.[859]Wilkinson to Smith, Sept. 28, 1806, "Letters in Relation," MSS. Lib. Cong.[860]See vol.ii, 560, of this work.[861]TheWestern World, edited by the notorious John Wood, author of theHistory of the Administration of John Adams, which was suppressed by Burr. (See vol.ii, 380, of this work.) Wood was of the same type of irresponsible pamphleteer and newspaper hack as Callender and Cheetham. His so-called "history" was a dull, untruthful, scandalous diatribe; and it is to Burr's credit that he bought the plates and suppressed the book. Yet this action was one of the reasons given for the remorseless pursuit of him, after it had been determined to destroy him.[862]McCaleb, 172-75.[863]Adams:U.S.iii, 276. This was a falsehood, since Burr had proposed Western secession to the British Minister. But he knew that no one else could have knowledge of his plot with Merry. It is both interesting and important that to the end of his life Burr steadily maintained that he never harbored a thought of dismembering the Nation.[864](Clay to Pindell, Oct. 15, 1828,Works of Henry Clay: Colton,iv, 206; alsoPrivate Correspondence of Henry Clay: Colton, 206-08.)So strong was his devotion to Hamilton, that "after he had attained full age," Daveiss adopted the name of his hero as part of his own, thereafter signing himself Joseph Hamilton Daveiss and requiring everybody so to address him. "Chiefly moved ... by his admiration of Colonel Hamilton and his hatred of Colonel Burr," testifies Henry Clay, Daveiss took the first step in the series of prosecutions that ended in the trial of Burr for treason. (Ib.)[865]Adams:U.S.iii, 278.[866]"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, or of its territories, or any part of them."I have neither issued, nor signed, nor promised a commission to any person for any purpose. I do not own a musket nor a bayonet, nor any single article of military stores, nor does any person for me, by my authority or with my knowledge."My views have been fully explained to, and approved by, several of the principal officers of 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." (Burr to Clay, Dec. 1, 1806,Priv. Corres.: Colton, 13-14.)Parton says that this was substantially true: "Jefferson and his cabinet undoubtedly knew ... that he was going to settle in the western country, and that if the expected war should break out, he would head an onslaught upon the Dons."Hisulteriorviews may have been known to one, or even two, members of Jefferson's cabinet, for anything that cannowbe ascertained. The moment the tide really turned against this fated man, a surprising ignorance overspread many minds that had before been extremely well-informed respecting his plans." (Parton:Burr, 422-23; see also McCaleb, 191.)[867]"When the grand jury returned the bill of indictment not true, a scene was presented in the Court-room which I had never before witnessed in Kentucky. There were shouts of applause from an audience, not one of whom ... would have hesitated to level a rifle against Colonel Burr, if he believed that he aimed to dismember the Union, or sought to violate its peace, or overturn its Constitution." (Clay to Pindell, Oct. 15, 1828,Priv. Corres.: Colton, 207.)[868]Adams:U.S.iii, 282-83; McCaleb, 192-93; Parton:Burr, 418-22.[869]Burr to Smith, as quoted in McCaleb, 183.[870]Parton:Burr, 423.[871]The Spanish Minister accurately explained to his home Government the motives that now animated the commander of the American Army:"Wilkinson is entirely devoted to us. He enjoys a considerable pension from the King.... He anticipated ... the failure of an expedition of this nature [Burr's invasion of Mexico]. Doubtless he foresaw from the first that the improbability of success in case of making the attempt would leave him like the dog in the fable with the piece of meat in his mouth; that is, that he would lose [both] the honorable employment ... [as American Commander] and the generous pension he enjoys from the King. These considerations, secret in their nature, he could not explain to Burr; and when the latter persisted in an idea so fatal to Wilkinson's interests, nothing remained but to take the course adopted."By this means he assures his pension; and will allege his conduct on this occasion as an extraordinary service, either for getting it increased, or for some generous compensation."On the other hand this proceeding secures his distinguished rank in the military service of the United States, and covers him with a popularity which may perhaps result in pecuniary advantages, and in any case will flatter his vanity."In such an alternative he has acted as was to be expected; that is, he has sacrificed Burr in order to obtain, on the ruins of Burr's reputation, the advantages I have pointed out." (Casa Yrujo to Cevallos, Jan. 28, 1807, as quoted in Adams:U.S.iii, 342-43.)[872]Swartwout, under oath, denied that he had told Wilkinson this story. Swartwout's affidavit is important. He swears that he never heard of the revolutionizing of "the N[ew] O[rleans] Territory" until Wilkinson mentioned it—"I first heard of such a project from Wilkinson"; that Burr never had spoken of attacking Mexico except "in case of war with Spain"; that if there were no war, Burr intended to settle the Washita lands. (See Henshaw inQuarterly Pub. Hist, and Phil. Soc. Ohio,ix, Nos. 1 and 2, 53-54.)This young man made a deep impression of honesty and straightforwardness on all who came in contact with him. (See testimony of Tazewell, Cabell, and Brokenbrough,Annals, 10th Cong. 1st Sess. 633.) "Swartwout is a fine genteel intelligible young man." (Plumer to Mason, Jan. 30, 1807, Plumer MSS. Lib. Cong.)Notwithstanding his frank and engaging manner, Swartwout was at heart a basely dishonest person. Thirty years later, when Collector of the Port of New York, he embezzled a million and a quarter dollars of the public funds. (Bassett:Life of Andrew Jackson,ii, 452-53.)[873]Wilkinson's dispatch, Oct. 20, 1806, "Letters in Relation," MSS. Lib. Cong. Wilkinson's dispatch to Jefferson was based on the revelations which he pretended to have drawn from Swartwout.[874]The dispatch would go on file in the War Department; the "personal and confidential" communication to Jefferson would remain in the President's hands.[875]Wilkinson to Jefferson, Oct. 21, 1806, "Letters in Relation," MSS. Lib. Cong.[876]Seeinfra, chap.viii.[877]Jefferson's Cabinet Memorandum, Oct. 22, 1806, as quoted in Adams:U.S.iii, 278-80.[878]Ib.Oct. 25, 1806, as quoted in Adams:U.S.iii, 281.[879]Jefferson's Proclamation, Nov. 27, 1806,Works, Ford,x, 301-02; Wilkinson:Memoirs,ii, Appendixxcvi.[880]Tyler had been in the New York Legislature with Burr and there became strongly attached to him. (See Clark:Onondaga.) He went to Beaver, Pennsylvania, in the interests of Burr's enterprise, and from there made his way to Blennerhassett's island. Tyler always maintained that the sole object of the expedition was to settle the Washita lands. (See his pathetic letter asserting this to Lieutenant Horatio Stark, Jan. 23, 1807, "Letters in Relation," MSS. Lib. Cong.)[881]Hildreth,v, 619; Parton:Burr, 436-38.[882]Jackson to Claiborne, Nov. 12, 1806, Parton:Jackson,i, 319; and see McCaleb, 253.[883]Adams:U.S.iii, 287; Parton:Jackson,i, 320-21.[884]Parton inaccurately says that the Proclamation reached Nashville after Burr's departure. (Parton:Jackson,i, 322.)[885]Adams:U.S.iii, 288; Parton:Jackson,i, 321.[886]For instance, at Nashville, Burr was burnt in effigy in the public square. (Parton:Jackson,i, 322.) At Cincinnati an amusing panic occurred: three merchant scows loaded with dry goods were believed to be a part of Burr's flotilla of war vessels about to attack the town. The militia was called out, citizens organized for defense, the adjacent country was appealed to for aid. (See McCaleb, 248-49.)[887]Wilkinson to Jefferson, Nov. 12, 1806, Wilkinson:Memoirs,ii, AppendixC.[888]Iturrigaray to Cevallos, March 12, 1807, as quoted in McCaleb, 169; and see Shepherd inAm. Hist. Rev.ix, 533et seq.The thrifty General furnished Burling with a passport through the posts he must pass. ("Letters in Relation," as quoted in McCaleb, 166.)Credentials to the Spanish official were also given Burling by one of Wilkinson's friends, Stephen Minor of Natchez, the man who had first set on foot the rumor of Burr's secession intentions. He was also in the pay of Spain. (Ib.166-67.)The Spaniards aided Burling on his journey in every way possible. (Herrera to Cordero, Dec. 1, 1806, as quoted inib.167-68.)[889]Iturrigaray to Cevallos, March 12, 1807, as quoted in McCaleb, 168-69.[890]Ib.171.[891]Wilkinson to Jefferson, March 12, 1807, "Letters in Relation," MSS. Lib. Cong.[892]Wilkinson to Cushing, Nov. 7, 1806, Wilkinson:Memoirs,ii, Appendixxcix.[893]Wilkinson to Freeman, Wilkinson:Memoirs,ii, Appendixxcix.[894]Wilkinson to Claiborne, Nov. 12, 1806,ib.328.[895]Wilkinson to Claiborne, Dec. 6 and 7, 1806, as quoted in McCaleb, 205-06.[896]Ib.209-10.[897]Wilkinson to Clark, Dec. 10, 1806, Clark:Proofs, 150; also McCaleb, 212; and see Wilkinson to Claiborne, Dec. 15, 1806, as quoted in McCaleb, 213-14.[898]Swartwout was treated in a manner peculiarly outrageous. Before his arrest Wilkinson had borrowed his gold watch, and afterward refused to return it. When the soldiers seized Swartwout they "hurried" him across the river, lodged him "for several days & nights in a poor inhospitable shed—& deprived of the necessaries of life."Finally, when ordered to march with his guard—and being refused any information as to where he was to be taken—the prisoner declared that he was to be murdered and leapt into the river, crying, "I had as well die here as in the woods," whereupon "the Ltdrew up his file of six men & ordered them to shoot him. The soldiers directed their guns at him & snapt them, but owing to the great rain, 3 of the guns flashed in the pan, & the other's would not take fire. The men pursued & took him. But for the wetness of the powder this unfortunate young man must have be[en] murdered in very deed."Swartwout was not permitted to take his clothing with him on the ship that carried him to Baltimore; and the officer in charge of him was under orders from Wilkinson to put his prisoner in chains during the voyage. (Plumer, Feb. 21, 1807, "Register," Plumer MSS. Lib. Cong.)[899]Wilkinson's return reported in theOrleans Gazette, Dec. 18, 1806, as quoted in McCaleb, 217. It does not appear what return was made in the matter of the application for a writ of habeas corpus in favor of Swartwout.[900]Wilkinson to Jefferson, printed inNational Intelligencer, Jan. 23, 1807, as quoted in McCaleb, 218.[901]This was one cause of Jefferson's hatred of Livingston. For the celebrated litigation between these men and the effect of it on Marshall and Jefferson, see vol.iv, chap.ii, of this work.[902]McCaleb, 219-21.[903]Hildreth,v, 613.[904]Plumer's résumé of a letter from Adair to Clay. (Feb. 20, 1807, "Register," Plumer MSS. Lib. Cong.)For this outrage Adair, within a year, brought suit against Wilkinson for false imprisonment. This was bitterly fought for ten years, but finally Adair secured judgment for $2500, "against which Wilkinson was indemnified by Congress." (Hildreth, V, 627.)For three or four years Adair continued in public disfavor solely because of his supposed criminal connection with Burr, of which his arrest by Wilkinson convinced the inflamed public mind. He slowly recovered, however, rendered excellent service as an officer in the War of 1812, and under Jackson commanded the Kentucky troops at the battle of New Orleans with distinguished gallantry. In 1820 the old veteran was elected Governor of Kentucky. Afterward he was chosen Representative in Congress from his district.[905]Plumer's résumé of Adair's letter to Clay,supra, note 1. Every word of Adair's startling account of his arrest was true. It was never even denied. John Watkins told Wilkinson of a conversation with Adair immediately after the latter's arrival which showed that nobody had reason to fear Burr: "He [Adair] observed ... that the bubble would soon burst & signified that the claims were without foundation & that he had seen nothing like an armament or preparations for a warlike expedition." (Watkins to Wilkinson, Jan. 14, 1807, Wilkinson MSS. Chicago Hist. Soc.)Professor Cox has suggested to the author that Wilkinson's summary arrest of Adair was to prevent the further circulation of his statement.[906]"During the disturbances of Burr the aforesaid general [Wilkinson] has, by means of a person in his confidence, constantly maintained a correspondence with me, in which he has laid before me not only the information which he acquired, but also his intentions for the various exigencies in which he might find himself." (Folch to the Governor-General of Cuba, June 25, 1807, as quoted by Cox inAm. Hist. Rev.x, 839.)[907]Jefferson's Message, Dec. 2, 1806,Annals, 9th Cong. 2d Sess. 12; Richardson,i, 406.[908]"We have been, & still are, both amused & perplexed with the rumours, reports, & conjectures respecting Aaron Burr. They are numerous, various, & contradictory.... I must have plenary evidence before I believe him capable of committing the hundredth part of the absurd & foolish things that are ascribed to him.... The president of the United States, a day or two since, informed me that he knew of no evidence sufficient to convict him of either high crimes or misdemeanors." (Plumer to Jeremiah Mason, Jan. 4, 1807, Plumer MSS. Lib. Cong.) See also Plumer to Langdon, Dec. 1806, and to Livermore, Jan. 19, 1807, Plumer MSS.loc. cit.These letters of Plumer's are most important. They state the general opinion of public men, especially Federalists, as expressed in their private conversations."I never believed him to be a Fool," wrote John Adams to his most intimate friend. "But he must be an Idiot or a Lunatick if he has really planned and attempted to execute such a Project as is imputed to him." Politicians have "no more regard to Truth than the Devil.... I suspect that this Lying Spirit has been at Work concerning Burr.... But if his guilt is as clear as the Noon day Sun, the first Magistrate ought not to have pronounced it so before a Jury had tryed him." (Adams to Rush, Feb. 2, 1807,Old Family Letters, 128-29.) See also Adams to Pickering, Jan. 1, 1807, Pickering MSS. Mass. Hist. Soc.; and Peters to Pickering, Feb. 1807, Pickering MSS.loc. cit.Marshall undoubtedly shared the common judgment, as his conduct at Burr's trial abundantly shows.[909]Annals, 9th Cong. 2d Sess. 336.[910]Ib.347.[911]Ib.357-58.[912]Annals, 9th Cong. 2d Sess. 39-41. Jefferson's Message, Jan. 22, 1807, Richardson,i, 412-17.[913]Annals, 9th Cong. 2d Sess. 43; Richardson,i, 416.[914]Annals, 9th Cong. 2d Sess. 40. (Italics the author's.)[915]"Wilkinson's letter is a curiosity.... Tis Don Adriano de Armado the second." (J. Q. Adams to L. C. Adams, Dec. 8, 1806,Writings, J. Q. A.: Ford,iii, footnote to 157.)[916]Plumer, Jan. 22, 1807, "Diary," Plumer MSS. Lib. Cong.Senator Plumer wrote his son, concerning Wilkinson's account of Burr's letter: "I am satisfied he has not accurately decyphered it. There is more of Wilkinsonism than of Burrism in it." (Plumer to his son, Jan. 24, 1807, Plumer MSS. Lib. Cong.)

[752]"We were all deeply affected, and many shed tears." (Plumer to his wife, March 2, 1805, Plumer, 331; and seeMemoirs, J. Q. A.: Adams,i, 367.)"Tears did flow abundantly." (Burr to his daughter, March 13, 1805, Davis,ii, 360.)

[752]"We were all deeply affected, and many shed tears." (Plumer to his wife, March 2, 1805, Plumer, 331; and seeMemoirs, J. Q. A.: Adams,i, 367.)

"Tears did flow abundantly." (Burr to his daughter, March 13, 1805, Davis,ii, 360.)

[753]"There was nothing written or prepared.... It was the solemnity, the anxiety, the expectation, and the interest which I saw strongly painted in the countenances of the auditors, that inspired whatever was said." (Ib.360.)

[754]The speech, records theWashington Federalist, which had been extremely abusive of Burr, "was said to be the most dignified, sublime and impressive that ever was uttered.""His address ... was delivered with great force and propriety." (Plumer to his wife, March 2, 1805, Plumer, 331.)"His speech ... was delivered with great dignity.... It was listened to with the most earnest and universal attention." (Memoirs, J. Q. A.: Adams,i, 367.) Burr made a profound impression on John Quincy Adams. "There was not a member present but felt the force of this solemn appeal to his sense of duty." (J. Q. Adams to his father, March 14, 1805,Writings, J. Q. A.: Ford,iii, 119.)The franking privilege was given Burr for life, a courtesy never before extended except to a President of the United States and Mrs. Washington. (See Hillhouse's speech,Annals, 10th Cong. 1st Sess. 272.)

[754]The speech, records theWashington Federalist, which had been extremely abusive of Burr, "was said to be the most dignified, sublime and impressive that ever was uttered."

"His address ... was delivered with great force and propriety." (Plumer to his wife, March 2, 1805, Plumer, 331.)

"His speech ... was delivered with great dignity.... It was listened to with the most earnest and universal attention." (Memoirs, J. Q. A.: Adams,i, 367.) Burr made a profound impression on John Quincy Adams. "There was not a member present but felt the force of this solemn appeal to his sense of duty." (J. Q. Adams to his father, March 14, 1805,Writings, J. Q. A.: Ford,iii, 119.)

The franking privilege was given Burr for life, a courtesy never before extended except to a President of the United States and Mrs. Washington. (See Hillhouse's speech,Annals, 10th Cong. 1st Sess. 272.)

[755]His father was the President of Princeton. His maternal grandfather was Jonathan Edwards.

[756]Hamilton's pursuit of Burr was lifelong and increasingly venomous. It seems incredible that a man so transcendently great as Hamilton—easily the foremost creative mind in American statesmanship—should have succumbed to personal animosities such as he displayed toward John Adams, and toward Aaron Burr.The rivalry of Hamilton and Burr began as young attorneys at the New York bar, where Burr was the only lawyer considered the equal of Hamilton. Hamilton's open hostility, however, first showed itself when Burr, then but thirty-five years of age, defeated Hamilton's father-in-law, Philip Schuyler, for the United States Senate. The very next year Hamilton prevented Burr from being nominated and elected Governor of New York. Then Burr was seriously considered for Vice-President, but Hamilton also thwarted this project.When Burr was in the Senate, the anti-Federalists in Congress unanimously recommended him for the French Mission; and Madison and Monroe, on behalf of their colleagues, twice formally urged Burr's appointment. Hamilton used his influence against it, and the appointment was not made. At the expiration of Burr's term in the Senate, Hamilton saw to it that he should not be chosen again and Hamilton's father-in-law this time succeeded.President Adams, in 1798, earnestly desired to appoint Burr to the office of Brigadier-General under Washington in the provisional army raised for the expected war with France. Hamilton objected so strenuously that the President was forced to give up his design. (See Adams to Rush, Aug. 25, 1805,Old Family Letters, 77; and same to same, June 23, 1807,ib.150.)In the Presidential contest in the House in 1801 (see vol.ii, 533-38, of this work), Burr, notwithstanding his refusal to do anything in his own behalf (ib.539-47), would probably have been elected instead of Jefferson, had not Hamilton savagely opposed him. (Ib.)When, in 1804, Burr ran for Governor of New York, Hamilton again attacked him. It was for one of Hamilton's assaults upon him during this campaign that Burr challenged him. (See Parton:Life and Times of Aaron Burr, 339et seq.; also Adams:U.S.ii, 185et seq.; andPrivate Journal of Aaron Burr, reprinted from manuscript in the library of W. K. Bixby, Introduction, iv-vi.) So prevalent was dueling that, but for Hamilton's incalculable services in founding the Nation and the lack of similar constructive work by Burr, the hatred of Burr's political enemies and the fatal result of the duel, there certainly would have been no greater outcry over the encounter than over any of the similar meetings between public men during that period.

The rivalry of Hamilton and Burr began as young attorneys at the New York bar, where Burr was the only lawyer considered the equal of Hamilton. Hamilton's open hostility, however, first showed itself when Burr, then but thirty-five years of age, defeated Hamilton's father-in-law, Philip Schuyler, for the United States Senate. The very next year Hamilton prevented Burr from being nominated and elected Governor of New York. Then Burr was seriously considered for Vice-President, but Hamilton also thwarted this project.

When Burr was in the Senate, the anti-Federalists in Congress unanimously recommended him for the French Mission; and Madison and Monroe, on behalf of their colleagues, twice formally urged Burr's appointment. Hamilton used his influence against it, and the appointment was not made. At the expiration of Burr's term in the Senate, Hamilton saw to it that he should not be chosen again and Hamilton's father-in-law this time succeeded.

President Adams, in 1798, earnestly desired to appoint Burr to the office of Brigadier-General under Washington in the provisional army raised for the expected war with France. Hamilton objected so strenuously that the President was forced to give up his design. (See Adams to Rush, Aug. 25, 1805,Old Family Letters, 77; and same to same, June 23, 1807,ib.150.)

In the Presidential contest in the House in 1801 (see vol.ii, 533-38, of this work), Burr, notwithstanding his refusal to do anything in his own behalf (ib.539-47), would probably have been elected instead of Jefferson, had not Hamilton savagely opposed him. (Ib.)

When, in 1804, Burr ran for Governor of New York, Hamilton again attacked him. It was for one of Hamilton's assaults upon him during this campaign that Burr challenged him. (See Parton:Life and Times of Aaron Burr, 339et seq.; also Adams:U.S.ii, 185et seq.; andPrivate Journal of Aaron Burr, reprinted from manuscript in the library of W. K. Bixby, Introduction, iv-vi.) So prevalent was dueling that, but for Hamilton's incalculable services in founding the Nation and the lack of similar constructive work by Burr, the hatred of Burr's political enemies and the fatal result of the duel, there certainly would have been no greater outcry over the encounter than over any of the similar meetings between public men during that period.

[757]Dueling continued for more than half a century. Many of the most eminent of Americans, such as Clay, Randolph, Jackson, and Benton, fought on "the field of honor." In 1820 a resolution against dueling, offered in the Senate by Senator Morrill of New Hampshire, was laid on the table. (Annals, 16th Cong. 1st Sess. 630, 636.)

[758]McCaleb:Aaron Burr Conspiracy, 19; Parton:Burr, 382.

[759]Vol.ii, 545, of this work.

[760]Adams:U.S.i, 331.

[761]"His official conduct in the Senate ... has fully met my approbation," testifies the super-critical Plumer in a letter to his wife March 2, 1805. (Plumer, 331.)

[762]"Burr is completely an insulated man." (Sedgwick to King, Feb. 20, 1802, King,iv, 74.)"Burr has lost ground very much with Jefferson's sect during the present session of Congress.... He has been not a little abused ... in the democratic prints." (Troup to King, April 9, 1802, King,iv, 103.)Also seesupra, chap.ii; Adams:U.S.i, 280; and Parton:Burr, 309.

[762]"Burr is completely an insulated man." (Sedgwick to King, Feb. 20, 1802, King,iv, 74.)

"Burr has lost ground very much with Jefferson's sect during the present session of Congress.... He has been not a little abused ... in the democratic prints." (Troup to King, April 9, 1802, King,iv, 103.)

Also seesupra, chap.ii; Adams:U.S.i, 280; and Parton:Burr, 309.

[763]Adams:U.S.i, 230-33; Channing:Jeff. System, 17-19.

[764]"Burr is a gone man; ... Jefferson is really in the dust in point of character, but notwithstanding this, he is looked up to ... as the Gog and Magog of his party." (Troup to King, Dec. 12, 1802, King,iv, 192-93.) See also Adams:U.S.i, 282.

[765]Channing:Jeff. System, 18-19.

[766]Adams:U.S.i, 332.

[767]Adams:U.S.ii, 185."He was accused of this and that, through all of which he maintained a resolute silence. It was a characteristic of his never to refute charges against his name.... It is not shown that Burr ever lamented or grieved over the course of things, however severely and painfully it pressed upon him." (McCaleb, 19.) See also Parton:Burr, 336.

[767]Adams:U.S.ii, 185.

"He was accused of this and that, through all of which he maintained a resolute silence. It was a characteristic of his never to refute charges against his name.... It is not shown that Burr ever lamented or grieved over the course of things, however severely and painfully it pressed upon him." (McCaleb, 19.) See also Parton:Burr, 336.

[768]"Burr ... is acting a little and skulking part. Although Jefferson hates him as much as one demagogue can possibly hate another who is aiming to rival him, yet Burr does not come forward in an open and manly way agt. him.... Burr is ruined in politics as well as in fortune." (Troup to King, Aug. 24, 1802, King,iv, 160.)

[769]Davis,ii, 89et seq.; Adams:U.S.i, 332-33; McCaleb, 20; Parton:Burr, 327et seq.

[770]Seesupra, 150-52, and vol.iv, chap.i, of this work.

[771]Plumer, 295.

[772]It appears that some of the New England Federalists urged upon the British Minister the rejection of the articles of the Boundary Treaty in retaliation for the Senate's striking out one article of that Convention. They did this, records the British Minister, because, as they urged, such action by the British Government "would prove to be a great exciting cause to them [the New England Secessionists] to go forward rapidly in the steps which they have already commenced toward a separation from the Southern part of the Union."The [Federalist] members of the Senate," continues Merry, "have availed themselves of the opportunity of their being collected here to hold private meetings on this subject, and ... their plans and calculations respecting the event have been long seriously resolved.... They naturally look forward to Great Britain for support and assistance whenever the occasion shall arrive." (Merry to Hawkesbury, March 1, 1804, as quoted in Adams:U.S.ii, 392.)

"The [Federalist] members of the Senate," continues Merry, "have availed themselves of the opportunity of their being collected here to hold private meetings on this subject, and ... their plans and calculations respecting the event have been long seriously resolved.... They naturally look forward to Great Britain for support and assistance whenever the occasion shall arrive." (Merry to Hawkesbury, March 1, 1804, as quoted in Adams:U.S.ii, 392.)

[773]As early as 1784, Washington declared that he feared the effect on the Western people "if the Spaniards on their right, and Great Britain on their left, instead of throwing impediments in their way as they now do, should hold out lures for their trade and alliance.... The western settlers (I speak now from my own observations) stand as it were, upon a pivot. The touch of a feather would turn them any way.... It is by the cement of interest alone we can be held together." (Washington to the Governor of Virginia, 1784, as quoted in Marshall,v, 15-16.)

[774]Marshall,v, 179.

[775]Jefferson to Breckenridge, Aug. 12, 1803,Works: Ford,x, footnotes to 5-6.

[776]See Shepherd inAm. Hist. Rev.viii, 501et seq.; alsoib.ix, 748et seq.

[777]Clark:Proofs of the Corruption of Gen. James Wilkinson, 11-12, 16, 18-24, and documents therein referred to and printed in the appendix to Clark's volume.

[778]"Wilkinson is entirely devoted to us. He enjoys a considerable pension from the King." (Casa Yrujo, Spanish Minister, to Cevallos, Jan. 28, 1807, as quoted in Adams:U.S.iii, 342.) And see affidavits of Mercier and Derbigny,Blennerhassett Papers: Safford, footnotes to 429, 432."He [Wilkinson] had acted conformably as suited the true interests of Spain, and so I assured him for his satisfaction." (Folch, Spanish Governor of Florida, to the Governor-General of Cuba, June 25, 1807, as quoted by Cox inAm. Hist. Rev.x, 839.)

"He [Wilkinson] had acted conformably as suited the true interests of Spain, and so I assured him for his satisfaction." (Folch, Spanish Governor of Florida, to the Governor-General of Cuba, June 25, 1807, as quoted by Cox inAm. Hist. Rev.x, 839.)

[779]Parton:Burr, 383; see also McCaleb, 4-9.It should be borne in mind that this was the same Wilkinson who took so unworthy a part in the "Conway Cabal" against Washington during the Revolution. (See vol.i, 121-23, of this work.)For further treatment of the Spanish intrigue, see Cox inAm. Hist Rev.xix, 794-812; also Cox inSouthwestern Historical Quarterly,xvii, 140-87.

[779]Parton:Burr, 383; see also McCaleb, 4-9.

It should be borne in mind that this was the same Wilkinson who took so unworthy a part in the "Conway Cabal" against Washington during the Revolution. (See vol.i, 121-23, of this work.)

For further treatment of the Spanish intrigue, see Cox inAm. Hist Rev.xix, 794-812; also Cox inSouthwestern Historical Quarterly,xvii, 140-87.

[780]Annual Message, Dec. 3, 1805, and Special Message, Dec. 6, 1805, Richardson,i, 384-85, 388-89.

[781]SeeMemoirs, J. Q. A.: Adams,i, 314-15.Burr wrote: "In New-York I am to be disfranchised, and in New-Jersey hanged" but "you will not ... conclude that I have become disposed to submit tamely to the machinations of a banditti." Burr to his son-in-law, March 22, 1805, Davis,ii, 365.

[781]SeeMemoirs, J. Q. A.: Adams,i, 314-15.

Burr wrote: "In New-York I am to be disfranchised, and in New-Jersey hanged" but "you will not ... conclude that I have become disposed to submit tamely to the machinations of a banditti." Burr to his son-in-law, March 22, 1805, Davis,ii, 365.

[782]1797-98.

[783]Lodge:Alexander Hamilton, 212-15; and see Turner inAm. Hist. Rev.x, 276.

[784]Davis,ii, 376-79.

[785]Only one previous incident in Burr's public life can even be faintly criticized from the point of view of honesty. In 1799 there were in New York City but two banking institutions, and both were controlled by Federalists. These banks aided business men of the Federalist Party and refused accommodation to Republican business men. The Federalists controlled the Legislature and no State charter for another bank in New York could be had.Burr, as a member of the State Senate, secured from the Legislature a charter for the Manhattan Company to supply pure water to the city; but this charter authorized the use by the company of its surplus capital in any lawful way it pleased. Thus was established a new bank where Republican business men could get loans. Burr, in committee, frankly declared that the surplus was to establish a bank, and Governor Jay signed the bill. Although the whole project appears to have been open and aboveboard as far as Burr was concerned, yet when the bank began business, a violent attack was made on him. (Parton:Burr, 237-40.) For charter seeLaws of New York(Webster and Skinner's edition), 1799, chap. 84.

Burr, as a member of the State Senate, secured from the Legislature a charter for the Manhattan Company to supply pure water to the city; but this charter authorized the use by the company of its surplus capital in any lawful way it pleased. Thus was established a new bank where Republican business men could get loans. Burr, in committee, frankly declared that the surplus was to establish a bank, and Governor Jay signed the bill. Although the whole project appears to have been open and aboveboard as far as Burr was concerned, yet when the bank began business, a violent attack was made on him. (Parton:Burr, 237-40.) For charter seeLaws of New York(Webster and Skinner's edition), 1799, chap. 84.

[786]Merry to Harrowby, Aug. 6, 1804, as quoted in Adams:U.S.ii, 395.

[787]McCaleb, viii-ix, 20-23.

[788]Merry to Harrowby (No. 15), "most secret," March 29, 1805, as quoted in Adams:U.S.ii, 403.

[789]Adams:U.S.ii, 394.

[790]Davis,ii, 381; also Parton:Burr, 412.

[791]Henry Adams, in his researches in the British and Spanish archives, discovered and for the first time made public, in 1890, the dispatches of the British, Spanish, and French Ministers to their Governments. (See Adams:U.S.iii, chaps.xiiiandxiv.)

[792]Professor Walter Flavius McCaleb has exploded the myth as to Burr's treasonable purposes, which hitherto has been accepted as history. His book, theAaron Burr Conspiracy, may be said to be the last word on the subject. The lines which Professor McCaleb has therein so firmly established have been followed in this chapter.

[793]Pitt died and Burr did not get any money from the British. (See Davis,ii, 381.)

[794]"Burr's intrigue with Merry and Casa Yrujo was but a consummate piece of imposture." (McCaleb, viii.)

[795]Up to this time Dayton had had an honorable career. He had been a gallant officer of the Revolution; a member of the New Jersey Legislature for several years and finally Speaker of the House; a delegate to the Constitutional Convention; a Representative in Congress for four terms, during the last two of which he was chosen Speaker of that body; and finally Senator of the United States. He came of a distinguished family, was a graduate of Princeton, and a man of high standing politically and socially.

[796]See Cox inAm. Hist. Rev.xix, 801; also inSouthwestern Hist. Quarterly,xvii, 174.

[797]That Burr, Dayton, and others seriously thought of building a canal around the falls of the Ohio on the Indiana side, is proved by an act passed by the Legislature of Indiana Territory in August, 1805, and approved by Governor William Henry Harrison on the 24th of that month. The act—entitled "An Act to Incorporate the Indiana Canal Company"—is very elaborate, authorizes a capital of one million dollars, and names as directors George Rogers Clark, John Brown, Jonathan Dayton, Aaron Burr, Benjamin Hovey, Davis Floyd, and six others. (SeeLaws of the Indiana Territory, 1801-1806, 94-108.) The author is indebted to Hon. Merrill Moores, M.C., of Indianapolis, for the reference to this statute.

[798]Hildreth,V.597.

[799]Adair had been a soldier in the Revolutionary War, an Indian fighter in the West, a member of the Kentucky Constitutional Convention, Speaker of the House of Representatives of that State, Registrar of the United States Land Office, and was one of the ablest, most trusted, and best beloved of Kentuckians.Adair afterward declared that "the intentions of Colonel Burr ... were to prepare and lead an expedition into Mexico, predicated on a war" between Spain and the United States; "without a war he knew he could do nothing." If war did not come he expected to settle the Washita lands. (Davis,ii, 380.)

Adair afterward declared that "the intentions of Colonel Burr ... were to prepare and lead an expedition into Mexico, predicated on a war" between Spain and the United States; "without a war he knew he could do nothing." If war did not come he expected to settle the Washita lands. (Davis,ii, 380.)

[800]See McCaleb, 25; Parton:Burr, 385-86.

[801]McCaleb, 26; Parton:Life of Andrew Jackson,i, 307-10.

[802]Parton:Jackson,i, 309.

[803]Burr to his daughter, May 23,1805. This letter is delightful. "I will ask Saint A. to pray for thee too. I believe much in the efficacy of her prayers." (Davis,ii, 372.)

[804]McCaleb, 27; Parton:Burr, 393.

[805]McCaleb, 29.

[806]Davies, Parton, and McCaleb state that the Catholic Bishop appointed three Jesuits, but there was no bishop in New Orleans at that time and the Jesuits had been suppressed.

[807]Burr to his daughter, May 23, 1805, Davis,ii, 372.

[808]"No one equalled Andrew Jackson in warmth of devotion to Colonel Burr." (Adams:U.S.iii, 221.)

[809]Parton:Jackson,i, 311-12; and McCaleb, 81.

[810]McCaleb, 32-33. Minor was probably directed to do this by Casa Yrujo himself. (See Cox:West Florida Controversy, 189.)

[811]Clark to Wilkinson, Sept. 7, 1805, Wilkinson:Memoirs of My Own Times,ii, Appendixxxxiii.

[812]Testimony of Major James Bruff,Annals, 10th Cong. 1st Sess. 589-609, 616-22.

[813]Except, of course, Wilkinson's story that Burr urged Western revolution, during the conference of these two men at St. Louis.

[814]McCaleb, 34.

[815]Wilkinson's testimony,Annals, 10th Cong. 1st Sess. 611.

[816]McCaleb, 35; Parton:Burr, 401.

[817]McCaleb, 36-37.

[818]Cox, 190; and McCaleb, 39.

[819]McCaleb, 38.

[820]Pitt died January 6, 1806. The news reached America late in the winter and Wilkinson learned of it some time in the spring. This fed his alarm, first awakened by the rumors set afloat by Spanish agents of which Clark had advised him. According to Davis and Parton, Wilkinson's resolve to sacrifice Burr was now taken. (See Davis,ii, 381-82; also Parton:Burr, 412.)

[821]This was that Burr with his desperadoes would seize the President and other officers of the National Government, together with the public money, arsenals, and ships. If, thereafter, he could not reconcile the States to the new arrangement, the bandit chief and his followers would sail for New Orleans and proclaim the independence of Louisiana.Professor McCaleb says that this tale was a ruse to throw Casa Yrujo off his guard as to the now widespread reports in Florida and Texas, as well as America, of Burr's intended descent upon Mexico. (See McCaleb, 54-58.) It should be repeated that the proposals of Burr and Dayton to Merry and Casa Yrujo were not publicly known for many years afterward.Wilkinson had coached Dayton and Burr in the art of getting money by falsehood and intrigue. (Ib.54.)

Professor McCaleb says that this tale was a ruse to throw Casa Yrujo off his guard as to the now widespread reports in Florida and Texas, as well as America, of Burr's intended descent upon Mexico. (See McCaleb, 54-58.) It should be repeated that the proposals of Burr and Dayton to Merry and Casa Yrujo were not publicly known for many years afterward.

Wilkinson had coached Dayton and Burr in the art of getting money by falsehood and intrigue. (Ib.54.)

[822]Adams:U.S.iii, 189-91.

[823]Blennerhassett Papers: Safford, 115.

[824]Blennerhassett to Burr, Dec. 21, 1805,ib.118; and see Davis,ii, 392.

[825]McCaleb, 50-53.

[826]Plumer, 348; Parton:Burr, 403-04.

[827]Eaton assumed this title during his African career. He had no legal right to it.

[828]Eaton had done good work as American Consul to Algiers, a post to which he was appointed by President Adams. In 1804, Jefferson appointed him United States Naval Agent to the Barbary States. With the approval of the Administration, Eaton undertook to overthrow the reigning Pasha of Tripoli and restore to the throne the Pasha's brother, whom the former had deposed. In executing this project Eaton showed a resourcefulness, persistence, and courage as striking as the means he adopted were bizarre and the adventure itself fantastic. (Allen:Our Navy and the Barbary Corsairs, 227et seq.)Eaton charged that the enterprise failed because the American fleet did not properly coöperate with him, and because Tobias Lear, American Consul-General to Algiers, compromised the dispute with the reigning Bey whom Eaton's nondescript "army" was then heroically fighting. (Eaton to the Secretary of the Navy, Aug. 9, 1805,Eaton: Prentiss, 376.)Full of wrath he returned to the United States, openly denouncing all whom he considered in any way responsible for the Africandébâcle, and demanding payment of large sums which he alleged had been paid by him in advancing American interests in Africa. (Ib.393, 406; also see Allen, 265.)

Eaton charged that the enterprise failed because the American fleet did not properly coöperate with him, and because Tobias Lear, American Consul-General to Algiers, compromised the dispute with the reigning Bey whom Eaton's nondescript "army" was then heroically fighting. (Eaton to the Secretary of the Navy, Aug. 9, 1805,Eaton: Prentiss, 376.)

Full of wrath he returned to the United States, openly denouncing all whom he considered in any way responsible for the Africandébâcle, and demanding payment of large sums which he alleged had been paid by him in advancing American interests in Africa. (Ib.393, 406; also see Allen, 265.)

[829]See Truxtun's testimony,infra, 459-60.

[830]The talks between Burr and Eaton took place at the house of Sergeant-at-Arms Wheaton, where Burr boarded. (Annals, 10th Cong. 1st Sess. 510.)

[831]See Eaton's deposition,Eaton: Prentiss, 396-403; 4 Cranch, 462-67. (Italics are Eaton's.)

[832]Samuel Dana and John Cotton Smith. (See Eaton's testimony,Annals, 10th Cong. 1st Sess. 512; andEaton: Prentiss, 396-403.)That part of Eaton's account of Burr's conversation which differs from those with Truxtun and Decatur is simply unaccountable. That Burr was capable of anything may be granted; but his mind was highly practical and he was uncommonly reserved in speech. Undoubtedly Eaton had heard the common talk about the timidity and supineness of the Government under Jefferson and had himself used language such as he ascribed to Burr.Whichever way one turns, no path out of the confusion appears. But for Burr's abstemious habits (he was the most temperate of all the leading men of that period) an explanation might be that he and Eaton were very drunk—Burr recklessly so—if he indulged in this uncharacteristic outburst of loquacity.

[832]Samuel Dana and John Cotton Smith. (See Eaton's testimony,Annals, 10th Cong. 1st Sess. 512; andEaton: Prentiss, 396-403.)

That part of Eaton's account of Burr's conversation which differs from those with Truxtun and Decatur is simply unaccountable. That Burr was capable of anything may be granted; but his mind was highly practical and he was uncommonly reserved in speech. Undoubtedly Eaton had heard the common talk about the timidity and supineness of the Government under Jefferson and had himself used language such as he ascribed to Burr.

Whichever way one turns, no path out of the confusion appears. But for Burr's abstemious habits (he was the most temperate of all the leading men of that period) an explanation might be that he and Eaton were very drunk—Burr recklessly so—if he indulged in this uncharacteristic outburst of loquacity.

[833]Eaton: Prentiss, 402.

[834]McCaleb, 62.

[835]Burr to Jackson, March 24, 1806, Parton:Jackson,i, 313-14.Burr also told Jackson of John Randolph's denunciation of Jefferson's "duplicity and imbecility," and of small politics receiving "more of public attention than all our collisions with foreign powers, or than all the great events on the theatre of Europe." He closed with the statement, then so common, that such "things begin to make reflecting men think, many good patriots to doubt, and some to despond." (See McCaleb, 51.)

[835]Burr to Jackson, March 24, 1806, Parton:Jackson,i, 313-14.

Burr also told Jackson of John Randolph's denunciation of Jefferson's "duplicity and imbecility," and of small politics receiving "more of public attention than all our collisions with foreign powers, or than all the great events on the theatre of Europe." He closed with the statement, then so common, that such "things begin to make reflecting men think, many good patriots to doubt, and some to despond." (See McCaleb, 51.)

[836]This man, then thirty-five years of age, and "engaging in ... appearance" (Blennerhassett Papers: Safford, 434), had had a picturesque career. A graduate of Göttingen, he lived in Paris during the Revolution, went to London for a time, and from there to Vienna, where he practiced medicine as a cover for his real design, which was to discover the prison where Lafayette was confined and to rescue him from it. This he succeeded in doing, but both were taken soon afterward. Bollmann was imprisoned for many months, and then released on condition that he leave Austria forever. He came to the United States and entered into Burr's enterprise with unbounded enthusiasm. His name often appears as "Erick Bolman" in American records.

[837]Dayton to Wilkinson, July 24, 1806,Annals, 10th Cong. 1st sess. 560.

[838]See testimony of Littleton W. Tazewell, John Brokenbrough, and Joseph C. Cabell. (Annals, 10th Cong. 1st Sess. 630, 675, 676).

[839]For Burr's cipher dispatch see Appendix D.

[840]Annals, 10th Cong. 1st sess. 424-28 and see McCaleb, 77.Professor McCaleb evidently doubts the disinterestedness of Morgan and his sons. He shows that they had been in questionable land transactions and, at this moment, were asking Congress to grant them a doubtful land claim. (See McCaleb, footnote to 77.)

[840]Annals, 10th Cong. 1st sess. 424-28 and see McCaleb, 77.

Professor McCaleb evidently doubts the disinterestedness of Morgan and his sons. He shows that they had been in questionable land transactions and, at this moment, were asking Congress to grant them a doubtful land claim. (See McCaleb, footnote to 77.)

[841]Testimony of Morgan's son,Annals, 10th Cong. 1st Sess. 424.

[842]"Colonel Burr, on this occasion as on others, comported himself precisely as a man having 'treasonable' designs wouldnotcomport himself, unless he were mad or intoxicated." (Parton:Burr, 415.) Professor McCaleb's analysis of the Morgan incident is thorough and convincing. (See McCaleb, 76-78.)

[843]Nevill and Roberts to Jefferson, Oct. 7, 1806, "Letters in Relation to Burr Conspiracy," MSS. Lib. Cong. This important letter set out that "to give a correct written statement of those [Burr's] conversations [with the Morgans] ... would be difficult ... and indeed, according to our informant, much more was to be collected, from themannerin which certain things were said, and hints given than from words used."

[844]McCaleb, 78-79; Parton:Burr, 411.

[845]McCaleb, 83-84; Parton:Burr, 412-13.At this time Burr also wrote to William Wilkins and B. H. Latrobe calling their attention to his Bastrop speculation. (Miscellaneous MSS. N.Y. Pub. Lib.)

[845]McCaleb, 83-84; Parton:Burr, 412-13.

At this time Burr also wrote to William Wilkins and B. H. Latrobe calling their attention to his Bastrop speculation. (Miscellaneous MSS. N.Y. Pub. Lib.)

[846]See testimony of Dudley Woodbridge,infra, 489.

[847]McCaleb, 80.

[848]Parton:Burr, 415-16.

[849]McCaleb, 81.

[850]Ib.; and see Parton:Jackson,i, 318.

[851]"There were not a thousand persons in the United States who did not think war with Spain inevitable, impending, begun!" (Parton:Burr, 407; McCaleb, 110.)

[852]See Jefferson to Jackson, Dec. 3,1806, as quoted in McCaleb, 82.

[853]See testimony of Colonel Charles Lynch,Annals, 10th Cong. 1st Sess. 656-58; and that of Thomas Bodley, Clerk of the Circuit Court,ib.655-56. The statements of these men are also very important as showing Burr's plans and preparations at this time.

[854]McCaleb, 84-85.

[855]The Bastrop grant was accessible to the markets of New Orleans; it was surrounded by Indian tribes whose trade was valuable; its forests were wholly unexplored; it was on the Spanish border, and therefore an admirable point for foray or retreat. (See McCaleb, 83; and Cox inSouthwestern Hist. Quarterly,xvii, 150.)

[856]Wilkinson to Adair, Sept. 28, 1806, as quoted in open letter of Adair to theOrleans Gazette, May 16, 1807, "Letters in Relation," MSS. Lib. Cong.

[857]Wilkinson to Adair, Sept. 28, 1806, as quoted by Plumer, Feb. 20, 1807, "Register," Plumer MSS. Lib. Cong.

[858]Adair to Wilkinson, Oct. or Nov. 1806, as quoted by Plumer, Feb. 20, 1807, "Register," Plumer MSS. Lib. Cong.

[859]Wilkinson to Smith, Sept. 28, 1806, "Letters in Relation," MSS. Lib. Cong.

[860]See vol.ii, 560, of this work.

[861]TheWestern World, edited by the notorious John Wood, author of theHistory of the Administration of John Adams, which was suppressed by Burr. (See vol.ii, 380, of this work.) Wood was of the same type of irresponsible pamphleteer and newspaper hack as Callender and Cheetham. His so-called "history" was a dull, untruthful, scandalous diatribe; and it is to Burr's credit that he bought the plates and suppressed the book. Yet this action was one of the reasons given for the remorseless pursuit of him, after it had been determined to destroy him.

[862]McCaleb, 172-75.

[863]Adams:U.S.iii, 276. This was a falsehood, since Burr had proposed Western secession to the British Minister. But he knew that no one else could have knowledge of his plot with Merry. It is both interesting and important that to the end of his life Burr steadily maintained that he never harbored a thought of dismembering the Nation.

[864](Clay to Pindell, Oct. 15, 1828,Works of Henry Clay: Colton,iv, 206; alsoPrivate Correspondence of Henry Clay: Colton, 206-08.)So strong was his devotion to Hamilton, that "after he had attained full age," Daveiss adopted the name of his hero as part of his own, thereafter signing himself Joseph Hamilton Daveiss and requiring everybody so to address him. "Chiefly moved ... by his admiration of Colonel Hamilton and his hatred of Colonel Burr," testifies Henry Clay, Daveiss took the first step in the series of prosecutions that ended in the trial of Burr for treason. (Ib.)

[864](Clay to Pindell, Oct. 15, 1828,Works of Henry Clay: Colton,iv, 206; alsoPrivate Correspondence of Henry Clay: Colton, 206-08.)

So strong was his devotion to Hamilton, that "after he had attained full age," Daveiss adopted the name of his hero as part of his own, thereafter signing himself Joseph Hamilton Daveiss and requiring everybody so to address him. "Chiefly moved ... by his admiration of Colonel Hamilton and his hatred of Colonel Burr," testifies Henry Clay, Daveiss took the first step in the series of prosecutions that ended in the trial of Burr for treason. (Ib.)

[865]Adams:U.S.iii, 278.

[866]"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, or of its territories, or any part of them."I have neither issued, nor signed, nor promised a commission to any person for any purpose. I do not own a musket nor a bayonet, nor any single article of military stores, nor does any person for me, by my authority or with my knowledge."My views have been fully explained to, and approved by, several of the principal officers of 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." (Burr to Clay, Dec. 1, 1806,Priv. Corres.: Colton, 13-14.)Parton says that this was substantially true: "Jefferson and his cabinet undoubtedly knew ... that he was going to settle in the western country, and that if the expected war should break out, he would head an onslaught upon the Dons."Hisulteriorviews may have been known to one, or even two, members of Jefferson's cabinet, for anything that cannowbe ascertained. The moment the tide really turned against this fated man, a surprising ignorance overspread many minds that had before been extremely well-informed respecting his plans." (Parton:Burr, 422-23; see also McCaleb, 191.)

"I have neither issued, nor signed, nor promised a commission to any person for any purpose. I do not own a musket nor a bayonet, nor any single article of military stores, nor does any person for me, by my authority or with my knowledge.

"My views have been fully explained to, and approved by, several of the principal officers of 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." (Burr to Clay, Dec. 1, 1806,Priv. Corres.: Colton, 13-14.)

Parton says that this was substantially true: "Jefferson and his cabinet undoubtedly knew ... that he was going to settle in the western country, and that if the expected war should break out, he would head an onslaught upon the Dons.

"Hisulteriorviews may have been known to one, or even two, members of Jefferson's cabinet, for anything that cannowbe ascertained. The moment the tide really turned against this fated man, a surprising ignorance overspread many minds that had before been extremely well-informed respecting his plans." (Parton:Burr, 422-23; see also McCaleb, 191.)

[867]"When the grand jury returned the bill of indictment not true, a scene was presented in the Court-room which I had never before witnessed in Kentucky. There were shouts of applause from an audience, not one of whom ... would have hesitated to level a rifle against Colonel Burr, if he believed that he aimed to dismember the Union, or sought to violate its peace, or overturn its Constitution." (Clay to Pindell, Oct. 15, 1828,Priv. Corres.: Colton, 207.)

[868]Adams:U.S.iii, 282-83; McCaleb, 192-93; Parton:Burr, 418-22.

[869]Burr to Smith, as quoted in McCaleb, 183.

[870]Parton:Burr, 423.

[871]The Spanish Minister accurately explained to his home Government the motives that now animated the commander of the American Army:"Wilkinson is entirely devoted to us. He enjoys a considerable pension from the King.... He anticipated ... the failure of an expedition of this nature [Burr's invasion of Mexico]. Doubtless he foresaw from the first that the improbability of success in case of making the attempt would leave him like the dog in the fable with the piece of meat in his mouth; that is, that he would lose [both] the honorable employment ... [as American Commander] and the generous pension he enjoys from the King. These considerations, secret in their nature, he could not explain to Burr; and when the latter persisted in an idea so fatal to Wilkinson's interests, nothing remained but to take the course adopted."By this means he assures his pension; and will allege his conduct on this occasion as an extraordinary service, either for getting it increased, or for some generous compensation."On the other hand this proceeding secures his distinguished rank in the military service of the United States, and covers him with a popularity which may perhaps result in pecuniary advantages, and in any case will flatter his vanity."In such an alternative he has acted as was to be expected; that is, he has sacrificed Burr in order to obtain, on the ruins of Burr's reputation, the advantages I have pointed out." (Casa Yrujo to Cevallos, Jan. 28, 1807, as quoted in Adams:U.S.iii, 342-43.)

[871]The Spanish Minister accurately explained to his home Government the motives that now animated the commander of the American Army:

"Wilkinson is entirely devoted to us. He enjoys a considerable pension from the King.... He anticipated ... the failure of an expedition of this nature [Burr's invasion of Mexico]. Doubtless he foresaw from the first that the improbability of success in case of making the attempt would leave him like the dog in the fable with the piece of meat in his mouth; that is, that he would lose [both] the honorable employment ... [as American Commander] and the generous pension he enjoys from the King. These considerations, secret in their nature, he could not explain to Burr; and when the latter persisted in an idea so fatal to Wilkinson's interests, nothing remained but to take the course adopted.

"By this means he assures his pension; and will allege his conduct on this occasion as an extraordinary service, either for getting it increased, or for some generous compensation.

"On the other hand this proceeding secures his distinguished rank in the military service of the United States, and covers him with a popularity which may perhaps result in pecuniary advantages, and in any case will flatter his vanity.

"In such an alternative he has acted as was to be expected; that is, he has sacrificed Burr in order to obtain, on the ruins of Burr's reputation, the advantages I have pointed out." (Casa Yrujo to Cevallos, Jan. 28, 1807, as quoted in Adams:U.S.iii, 342-43.)

[872]Swartwout, under oath, denied that he had told Wilkinson this story. Swartwout's affidavit is important. He swears that he never heard of the revolutionizing of "the N[ew] O[rleans] Territory" until Wilkinson mentioned it—"I first heard of such a project from Wilkinson"; that Burr never had spoken of attacking Mexico except "in case of war with Spain"; that if there were no war, Burr intended to settle the Washita lands. (See Henshaw inQuarterly Pub. Hist, and Phil. Soc. Ohio,ix, Nos. 1 and 2, 53-54.)This young man made a deep impression of honesty and straightforwardness on all who came in contact with him. (See testimony of Tazewell, Cabell, and Brokenbrough,Annals, 10th Cong. 1st Sess. 633.) "Swartwout is a fine genteel intelligible young man." (Plumer to Mason, Jan. 30, 1807, Plumer MSS. Lib. Cong.)Notwithstanding his frank and engaging manner, Swartwout was at heart a basely dishonest person. Thirty years later, when Collector of the Port of New York, he embezzled a million and a quarter dollars of the public funds. (Bassett:Life of Andrew Jackson,ii, 452-53.)

This young man made a deep impression of honesty and straightforwardness on all who came in contact with him. (See testimony of Tazewell, Cabell, and Brokenbrough,Annals, 10th Cong. 1st Sess. 633.) "Swartwout is a fine genteel intelligible young man." (Plumer to Mason, Jan. 30, 1807, Plumer MSS. Lib. Cong.)

Notwithstanding his frank and engaging manner, Swartwout was at heart a basely dishonest person. Thirty years later, when Collector of the Port of New York, he embezzled a million and a quarter dollars of the public funds. (Bassett:Life of Andrew Jackson,ii, 452-53.)

[873]Wilkinson's dispatch, Oct. 20, 1806, "Letters in Relation," MSS. Lib. Cong. Wilkinson's dispatch to Jefferson was based on the revelations which he pretended to have drawn from Swartwout.

[874]The dispatch would go on file in the War Department; the "personal and confidential" communication to Jefferson would remain in the President's hands.

[875]Wilkinson to Jefferson, Oct. 21, 1806, "Letters in Relation," MSS. Lib. Cong.

[876]Seeinfra, chap.viii.

[877]Jefferson's Cabinet Memorandum, Oct. 22, 1806, as quoted in Adams:U.S.iii, 278-80.

[878]Ib.Oct. 25, 1806, as quoted in Adams:U.S.iii, 281.

[879]Jefferson's Proclamation, Nov. 27, 1806,Works, Ford,x, 301-02; Wilkinson:Memoirs,ii, Appendixxcvi.

[880]Tyler had been in the New York Legislature with Burr and there became strongly attached to him. (See Clark:Onondaga.) He went to Beaver, Pennsylvania, in the interests of Burr's enterprise, and from there made his way to Blennerhassett's island. Tyler always maintained that the sole object of the expedition was to settle the Washita lands. (See his pathetic letter asserting this to Lieutenant Horatio Stark, Jan. 23, 1807, "Letters in Relation," MSS. Lib. Cong.)

[881]Hildreth,v, 619; Parton:Burr, 436-38.

[882]Jackson to Claiborne, Nov. 12, 1806, Parton:Jackson,i, 319; and see McCaleb, 253.

[883]Adams:U.S.iii, 287; Parton:Jackson,i, 320-21.

[884]Parton inaccurately says that the Proclamation reached Nashville after Burr's departure. (Parton:Jackson,i, 322.)

[885]Adams:U.S.iii, 288; Parton:Jackson,i, 321.

[886]For instance, at Nashville, Burr was burnt in effigy in the public square. (Parton:Jackson,i, 322.) At Cincinnati an amusing panic occurred: three merchant scows loaded with dry goods were believed to be a part of Burr's flotilla of war vessels about to attack the town. The militia was called out, citizens organized for defense, the adjacent country was appealed to for aid. (See McCaleb, 248-49.)

[887]Wilkinson to Jefferson, Nov. 12, 1806, Wilkinson:Memoirs,ii, AppendixC.

[888]Iturrigaray to Cevallos, March 12, 1807, as quoted in McCaleb, 169; and see Shepherd inAm. Hist. Rev.ix, 533et seq.The thrifty General furnished Burling with a passport through the posts he must pass. ("Letters in Relation," as quoted in McCaleb, 166.)Credentials to the Spanish official were also given Burling by one of Wilkinson's friends, Stephen Minor of Natchez, the man who had first set on foot the rumor of Burr's secession intentions. He was also in the pay of Spain. (Ib.166-67.)The Spaniards aided Burling on his journey in every way possible. (Herrera to Cordero, Dec. 1, 1806, as quoted inib.167-68.)

[888]Iturrigaray to Cevallos, March 12, 1807, as quoted in McCaleb, 169; and see Shepherd inAm. Hist. Rev.ix, 533et seq.

The thrifty General furnished Burling with a passport through the posts he must pass. ("Letters in Relation," as quoted in McCaleb, 166.)

Credentials to the Spanish official were also given Burling by one of Wilkinson's friends, Stephen Minor of Natchez, the man who had first set on foot the rumor of Burr's secession intentions. He was also in the pay of Spain. (Ib.166-67.)

The Spaniards aided Burling on his journey in every way possible. (Herrera to Cordero, Dec. 1, 1806, as quoted inib.167-68.)

[889]Iturrigaray to Cevallos, March 12, 1807, as quoted in McCaleb, 168-69.

[890]Ib.171.

[891]Wilkinson to Jefferson, March 12, 1807, "Letters in Relation," MSS. Lib. Cong.

[892]Wilkinson to Cushing, Nov. 7, 1806, Wilkinson:Memoirs,ii, Appendixxcix.

[893]Wilkinson to Freeman, Wilkinson:Memoirs,ii, Appendixxcix.

[894]Wilkinson to Claiborne, Nov. 12, 1806,ib.328.

[895]Wilkinson to Claiborne, Dec. 6 and 7, 1806, as quoted in McCaleb, 205-06.

[896]Ib.209-10.

[897]Wilkinson to Clark, Dec. 10, 1806, Clark:Proofs, 150; also McCaleb, 212; and see Wilkinson to Claiborne, Dec. 15, 1806, as quoted in McCaleb, 213-14.

[898]Swartwout was treated in a manner peculiarly outrageous. Before his arrest Wilkinson had borrowed his gold watch, and afterward refused to return it. When the soldiers seized Swartwout they "hurried" him across the river, lodged him "for several days & nights in a poor inhospitable shed—& deprived of the necessaries of life."Finally, when ordered to march with his guard—and being refused any information as to where he was to be taken—the prisoner declared that he was to be murdered and leapt into the river, crying, "I had as well die here as in the woods," whereupon "the Ltdrew up his file of six men & ordered them to shoot him. The soldiers directed their guns at him & snapt them, but owing to the great rain, 3 of the guns flashed in the pan, & the other's would not take fire. The men pursued & took him. But for the wetness of the powder this unfortunate young man must have be[en] murdered in very deed."Swartwout was not permitted to take his clothing with him on the ship that carried him to Baltimore; and the officer in charge of him was under orders from Wilkinson to put his prisoner in chains during the voyage. (Plumer, Feb. 21, 1807, "Register," Plumer MSS. Lib. Cong.)

Finally, when ordered to march with his guard—and being refused any information as to where he was to be taken—the prisoner declared that he was to be murdered and leapt into the river, crying, "I had as well die here as in the woods," whereupon "the Ltdrew up his file of six men & ordered them to shoot him. The soldiers directed their guns at him & snapt them, but owing to the great rain, 3 of the guns flashed in the pan, & the other's would not take fire. The men pursued & took him. But for the wetness of the powder this unfortunate young man must have be[en] murdered in very deed."

Swartwout was not permitted to take his clothing with him on the ship that carried him to Baltimore; and the officer in charge of him was under orders from Wilkinson to put his prisoner in chains during the voyage. (Plumer, Feb. 21, 1807, "Register," Plumer MSS. Lib. Cong.)

[899]Wilkinson's return reported in theOrleans Gazette, Dec. 18, 1806, as quoted in McCaleb, 217. It does not appear what return was made in the matter of the application for a writ of habeas corpus in favor of Swartwout.

[900]Wilkinson to Jefferson, printed inNational Intelligencer, Jan. 23, 1807, as quoted in McCaleb, 218.

[901]This was one cause of Jefferson's hatred of Livingston. For the celebrated litigation between these men and the effect of it on Marshall and Jefferson, see vol.iv, chap.ii, of this work.

[902]McCaleb, 219-21.

[903]Hildreth,v, 613.

[904]Plumer's résumé of a letter from Adair to Clay. (Feb. 20, 1807, "Register," Plumer MSS. Lib. Cong.)For this outrage Adair, within a year, brought suit against Wilkinson for false imprisonment. This was bitterly fought for ten years, but finally Adair secured judgment for $2500, "against which Wilkinson was indemnified by Congress." (Hildreth, V, 627.)For three or four years Adair continued in public disfavor solely because of his supposed criminal connection with Burr, of which his arrest by Wilkinson convinced the inflamed public mind. He slowly recovered, however, rendered excellent service as an officer in the War of 1812, and under Jackson commanded the Kentucky troops at the battle of New Orleans with distinguished gallantry. In 1820 the old veteran was elected Governor of Kentucky. Afterward he was chosen Representative in Congress from his district.

[904]Plumer's résumé of a letter from Adair to Clay. (Feb. 20, 1807, "Register," Plumer MSS. Lib. Cong.)

For this outrage Adair, within a year, brought suit against Wilkinson for false imprisonment. This was bitterly fought for ten years, but finally Adair secured judgment for $2500, "against which Wilkinson was indemnified by Congress." (Hildreth, V, 627.)

For three or four years Adair continued in public disfavor solely because of his supposed criminal connection with Burr, of which his arrest by Wilkinson convinced the inflamed public mind. He slowly recovered, however, rendered excellent service as an officer in the War of 1812, and under Jackson commanded the Kentucky troops at the battle of New Orleans with distinguished gallantry. In 1820 the old veteran was elected Governor of Kentucky. Afterward he was chosen Representative in Congress from his district.

[905]Plumer's résumé of Adair's letter to Clay,supra, note 1. Every word of Adair's startling account of his arrest was true. It was never even denied. John Watkins told Wilkinson of a conversation with Adair immediately after the latter's arrival which showed that nobody had reason to fear Burr: "He [Adair] observed ... that the bubble would soon burst & signified that the claims were without foundation & that he had seen nothing like an armament or preparations for a warlike expedition." (Watkins to Wilkinson, Jan. 14, 1807, Wilkinson MSS. Chicago Hist. Soc.)Professor Cox has suggested to the author that Wilkinson's summary arrest of Adair was to prevent the further circulation of his statement.

Professor Cox has suggested to the author that Wilkinson's summary arrest of Adair was to prevent the further circulation of his statement.

[906]"During the disturbances of Burr the aforesaid general [Wilkinson] has, by means of a person in his confidence, constantly maintained a correspondence with me, in which he has laid before me not only the information which he acquired, but also his intentions for the various exigencies in which he might find himself." (Folch to the Governor-General of Cuba, June 25, 1807, as quoted by Cox inAm. Hist. Rev.x, 839.)

[907]Jefferson's Message, Dec. 2, 1806,Annals, 9th Cong. 2d Sess. 12; Richardson,i, 406.

[908]"We have been, & still are, both amused & perplexed with the rumours, reports, & conjectures respecting Aaron Burr. They are numerous, various, & contradictory.... I must have plenary evidence before I believe him capable of committing the hundredth part of the absurd & foolish things that are ascribed to him.... The president of the United States, a day or two since, informed me that he knew of no evidence sufficient to convict him of either high crimes or misdemeanors." (Plumer to Jeremiah Mason, Jan. 4, 1807, Plumer MSS. Lib. Cong.) See also Plumer to Langdon, Dec. 1806, and to Livermore, Jan. 19, 1807, Plumer MSS.loc. cit.These letters of Plumer's are most important. They state the general opinion of public men, especially Federalists, as expressed in their private conversations."I never believed him to be a Fool," wrote John Adams to his most intimate friend. "But he must be an Idiot or a Lunatick if he has really planned and attempted to execute such a Project as is imputed to him." Politicians have "no more regard to Truth than the Devil.... I suspect that this Lying Spirit has been at Work concerning Burr.... But if his guilt is as clear as the Noon day Sun, the first Magistrate ought not to have pronounced it so before a Jury had tryed him." (Adams to Rush, Feb. 2, 1807,Old Family Letters, 128-29.) See also Adams to Pickering, Jan. 1, 1807, Pickering MSS. Mass. Hist. Soc.; and Peters to Pickering, Feb. 1807, Pickering MSS.loc. cit.Marshall undoubtedly shared the common judgment, as his conduct at Burr's trial abundantly shows.

These letters of Plumer's are most important. They state the general opinion of public men, especially Federalists, as expressed in their private conversations.

"I never believed him to be a Fool," wrote John Adams to his most intimate friend. "But he must be an Idiot or a Lunatick if he has really planned and attempted to execute such a Project as is imputed to him." Politicians have "no more regard to Truth than the Devil.... I suspect that this Lying Spirit has been at Work concerning Burr.... But if his guilt is as clear as the Noon day Sun, the first Magistrate ought not to have pronounced it so before a Jury had tryed him." (Adams to Rush, Feb. 2, 1807,Old Family Letters, 128-29.) See also Adams to Pickering, Jan. 1, 1807, Pickering MSS. Mass. Hist. Soc.; and Peters to Pickering, Feb. 1807, Pickering MSS.loc. cit.

Marshall undoubtedly shared the common judgment, as his conduct at Burr's trial abundantly shows.

[909]Annals, 9th Cong. 2d Sess. 336.

[910]Ib.347.

[911]Ib.357-58.

[912]Annals, 9th Cong. 2d Sess. 39-41. Jefferson's Message, Jan. 22, 1807, Richardson,i, 412-17.

[913]Annals, 9th Cong. 2d Sess. 43; Richardson,i, 416.

[914]Annals, 9th Cong. 2d Sess. 40. (Italics the author's.)

[915]"Wilkinson's letter is a curiosity.... Tis Don Adriano de Armado the second." (J. Q. Adams to L. C. Adams, Dec. 8, 1806,Writings, J. Q. A.: Ford,iii, footnote to 157.)

[916]Plumer, Jan. 22, 1807, "Diary," Plumer MSS. Lib. Cong.Senator Plumer wrote his son, concerning Wilkinson's account of Burr's letter: "I am satisfied he has not accurately decyphered it. There is more of Wilkinsonism than of Burrism in it." (Plumer to his son, Jan. 24, 1807, Plumer MSS. Lib. Cong.)

[916]Plumer, Jan. 22, 1807, "Diary," Plumer MSS. Lib. Cong.

Senator Plumer wrote his son, concerning Wilkinson's account of Burr's letter: "I am satisfied he has not accurately decyphered it. There is more of Wilkinsonism than of Burrism in it." (Plumer to his son, Jan. 24, 1807, Plumer MSS. Lib. Cong.)

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