Voices; Birth-Marks; The Man and the Elephant

by Mathew Joseph Holt

  CHAPTER XX.--Another Conspiracy.

  On Saturday, March 2, 1805, at the close of the administration,Vice-President Burr took formal leave of the United States Senate. TheWashington Federalist referring to his farewell address, declared it "** * the most dignified, sublime and impressive ever uttered. * * * Thewhole Senate was in tears and so unmanned that it was half an hourbefore they could recover themselves sufficiently to come to order andchoose a vice-president pro tem."

  Yet his great abilities were marred by an instinct for traitorousintrigue and an unconscionable untrustworthiness which made his life afailure.

  Upon retirement, he felt forced to shift his residence and at thesuggestion of his friend, General James Wilkinson, a man much moredangerous and less trustworthy than Burr and at the time chief officerof the United States Army, he traveled westward with the presumed intentof establishing his domicile at Nashville.

  Many who know Wilkinson's secret history, now believe that even then hehad instigated Burr to the adoption of his traitorous plot to driveSpain from North America and establish a great empire; which in duecourse was to take over the Western Country and if expedient, by forceof arms, would then spread its dominion eastward to the Atlantic.

  On April 10, Burr left Philadelphia for Pittsburgh, where he arrived onthe 29th, and the next day purchasing an ark or house boat, left forKentucky.

  As illustrating the purchasing power of the dollar in those days, theark, which was sixty feet long, fourteen wide and had four rooms orcompartments with glass windows, cost one hundred and thirty-threedollars.

  Fourteen miles below Marietta the boat tied up at Blannerhassett'sIsland; and it was then he made the acquaintance of ColonelBlannerhassett and his very charming wife, who was the daughter ofGovernor Agnew of the Isle of Mann and the granddaughter of GeneralAgnew, who had been killed at Germantown.

  At Cincinnati he was the guest over-night of John Smith, United StatesSenator from Ohio and at his home met an old friend, Jonathan Dayton.These men with Blannerhassett became partners in his designs and wereindicted and arrested when the details of the Burr conspiracy becamepublic property.

  Upon Burr's arrival at Louisville, he instructed his boatmen to floatdown the river and await him at the mouth of the Cumberland, and rodethrough to Nashville on horseback.

  There he remained four days, the distinguished guest of General Jackson;then in a small boat was paddled to the mouth of the Cumberland, wherehe re-embarked in his ark and floated down to Fort Massic. At FortMassic he and Wilkinson perfected plans incident to the conspiracy. Whenhe left it was in Wilkinson's own barge and in a style more befittingthe head of a proposed scheme of conquest. He traveled to New Orleans in"an elegant barge, sails, colors and ten oars, with a sergeant and tenable and faithful hands;" bearing letters of introduction to Wilkinson'sfriends, by whom he was received with great honor and entertained in amost lavish style. The letter of introduction to Mr. Clark read:

  "My Dear Sir:

  "This will be delivered to you by Colonel Burr, whose worth you knowwell how to estimate. If the persecution of a great and honorable mancan give title to generous attentions he has claim to all yourcivilities and all your services. You can not oblige me more than bysuch conduct; and I pledge my life to you it will not be misapplied.

  "To him I refer you to many things _improper for letter_ and which hewill not say to any other. I shall be at St. Louis in two weeks and ifyou were there we could open a gold mine, a commercial one at least. Letme hear from you. Farewell, do well, and believe me always your friend."

  Colonel Burr's engagements, social and otherwise, kept him three weeksin New Orleans. He then returned to Nashville, traveling horsebackthrough the wilderness, where he arrived on August 6th. After a fewdays' rest he visited Louisville and other Kentucky towns, then went toSt. Louis to talk over matters with General Wilkinson.

  In October he returned to Philadelphia, where he spent the greater partof the winter soliciting funds to finance his designs.

  In August, 1806, with plans matured and money to finance them, he cameto Pittsburgh, accompanied by his daughter and Colonel Dupiester. Whilethere he confided his plans to Colonel Morgan, of Washington County, whoas a patriot felt bound to give the information to President Jefferson.This was probably the first notice the government had of Burr'sconspiracy. Here he also met Comfort Taylor and arranged for recruitingmen and building and outfitting several barges for the expedition; andas he voyaged down the Ohio made similar arrangements withBlannerhassett, Floyd Smith, of Indiana Territory, and others.

  Upon his arrival in Kentucky every thing seemed propitious. Recruits inplenty offered their services and many prominent men, among them GeneralAdair, though not openly joining in, favored his scheme.

  At Nashville he arranged with General Jackson to build and equip severalbarges and gave him four thousand dollars to be applied to the purpose.

  In October, The Western World, a Frankfort newspaper, made attacks onInnes and Sebastian, the one United States Judge for the District ofKentucky and the other a judge of the Court of Appeals of Kentucky,charging their connection with the old Spanish Conspiracy and theireffort to renew it. In an uncertain and confused way they connected Burrwith the conspiracy and charged that the three, with others, weretraitors to the United States government. The articles createdconsiderable excitement and led Joseph H. Daviess, then the UnitedStates District Attorney for Kentucky, to investigate Burr's purpose andthe cause of his extensive and repeated visits to Kentucky.

  Learning his intent, he sent warning to President Jefferson; and onNovember 3rd, in the United States Court at Frankfort, made motion andapplication for his apprehension supported by his affidavit charging himwith recruiting men with the design to attack the Spanish dominions andthereby endanger the peace of the United States.

  Judge Innes denied the motion as unprecedented and illegal.

  In the papers of Fleming Campbell, a descendant of Rev. Calvin Campbell,was found a letter written by him to his wife, Dorothy, giving adetailed account of Burr's trial at Frankfort; and as when possible, itis always better to have an account from an eye witness the author hasseen fit to quote at length from that letter.

  "* * * As only at infrequent intervals, can a messenger be found to bearmy letters to you, you will readily understand why they are occasionallycontinued as a diary from day to day over a considerable period. Thistime I have more important and as I believe more interesting news thanusual.

  "As you know, I came to Frankfort the first of November to attend theUnited States Court in reference to our church property case; and sincecoming have been subpoenaed as a witness in the case of the UnitedStates against Burr; though that trial is now finished, I am forced toremain as a witness before the committee of the Legislatureinvestigating the charges preferred against Judge Sebastian, who isdeclared to have been a pensioner of Spain for years. It seems as thoughthe old Spanish Conspiracy follows me like a shadow. In the meanwhile Iam conducting a series of meetings in the Presbyterian Church which arewell attended and which the people are kind enough to say are bearingfruit for the Master. This first page of my letter was in fact the lastwritten--chronologically, now begins the first page.

  "I have today for the first time seen Colonel Burr and at his best--inaction, pretending to address Judge Innes, but in fact talking to thebenches. To me he appears the most perfect model of the fashionablegentleman. When he speaks it is with animation, apparent frankness andguilelessness; yet something inside warns against him, saying: 'Beware,that is not the man. The real man is reserved, secretive, inscrutable.'His face to me gives the same warning. At first blush it pleases, butupon closer scrutiny lines are seen which suggest that he would toss thesettled things of life about as the wind scatters dried leaves.

  "I may be prejudiced because I know he has been associating withWilkinson, whom no man can touch without contamination unless the fearof God is in his heart. He is said to be a friend of Wilkinson, butWilkinson knows no friends. Burr is a m
ore gifted man than he, but hasnot his satanic poise and patience. Burr suggests a general who wouldcut himself off from his base and risk all in one fierce attack.

  "The Court having denied Mr. Daviess' motion to apprehend Colonel Burr,the latter was under no obligation to answer, yet he presented himselfand demanded a trial, declaring his innocence.

  "Pleased at the great audience, which from curiosity and excitement hadgathered, though he faced the court, he talked to the benches; and thejudge perceiving his purpose became an accomplice to it, by leaving thebench and taking a seat in the jury box, so that while talking to him hefaced the crowd. He closed by saying: 'Your Honor has treated theapplication as it deserved, but it may be renewed by Mr. Daviess in myabsence; therefore, voluntarily I have appeared and demand a speedytrial upon the charge.'

  "Burr misread Daviess if he believed such tactics would intimidate orembarrass him. He arose and in turn--and I believe for the first time inthe discharge of his duties--seemed to talk to the benches; and thecourt perceiving it, moved his seat from the jury box to the bench--butDaviess continuing to face the audience, made a Federalist speech insupport of the Union and the constitution and revealed at some lengththe conspiracy of Burr and his followers. What he said pleased megreatly and was not without effect upon the audience, though themajority were Democrats and in sympathy with Burr. He announced: 'I amready to proceed as soon as the attendance of the government's witnessescan be procured.' The Court asked him to fix a day and conferring withthe United States marshal he named the following Wednesday, which,proving satisfactory to Colonel Burr, was named for the hearing.

  "Burr, until Wednesday, appeared to pass the time in easy tranquillity.On Wednesday, the court room was filled to suffocation. Mr. Daviess,calling his witnesses, discovered that Davis Floyd, the most importantone, was absent; but Judge Innes, who, all the while, has shownpartiality for the accused, discharged the grand jury.

  "Colonel Burr, accompanied by his counsel, Henry Clay and Col. Allen,came forward, expressed regret that the grand jury had been dischargedand asked the reason.

  "(Daviess) 'The Government's witness, Davis Floyd, is a member of theIndiana Territorial Legislature and as it is in session he cannotattend.'

  "(Burr) 'Will the Court have noted of record the reason forpostponement.' Then bowing to the Court, he addressed the audience uponthe subject of the accusation and with such power, fervor and air ofinjured innocence, that the majority present looked upon Daviess as apersecutor for political reasons. Burr said: 'I assure you good peopleof Kentucky of my innocence and beg you will dismiss your apprehensionof danger from me, if such you have. I am a man of peace and feel hurtthat your able district attorney is striving so zealously to connect mewith schemes and rumors of war. I am engaged in no enterprise that canendanger the peace or tranquillity of our country as you will mostcertainly learn, when the district attorney shall be ready, which Isurmise will never be. Though pressing business demands my presenceelsewhere, I feel compelled to give your zealous official one moreopportunity of proving his charge; or acknowledging my innocence andadmitting that it is persecution.'

  "Nevertheless, watching Burr day by day, I notice he is slowly losinghis tranquillity; even his face, when at rest, has a nervous expression.

  "I learn that he has sought to engage my friend, John Rowan, as one ofhis counsel; but Mr. Rowan declined, saying: 'My position as acongressman-elect precludes the employment, as the charge involvesfidelity to the Government.'

  "This reason did not satisfy Burr, who offered him a thousand dollars(what I earn in three years by preaching) and began arguing against hisobjection; but Mr. Rowan interrupted him: 'Pardon me, Colonel Burr, butI have been taught from earliest childhood not to reason on subjectswhich my conscience in the first instance condemns.'

  "Rumor of this conversation reached Mr. Clay, who was also amember-elect of Congress, and he came to Mr. Rowan asking advice as tohis employment. Rowan advised: 'Since you have already appeared ascounsel, I think you should continue; that is, if your client will giveyou written assurance of his innocence.'

  "At Mr. Clay's request Colonel Burr, on December 1, gave him thisstatement: 'I have no design nor have I taken any measure to promote adissolution of the Union, or a separation of any one or more states fromthe residue. I have neither published a line on this subject nor has anyone through my agency or with my knowledge. I have no design tointermeddle with the government, or to disturb the tranquillity of theUnited States, nor of its territories, or any part of them. I haveneither issued nor signed, nor promised a commission to any person forany purpose. I do not own a musket or bayonet or any single article ofmilitary stores nor does any person for me by my authority or myknowledge. My views have been explained to and approved by several ofthe principal officers of the government and I believe are wellunderstood by the administration and seen by it with complacency; theyare such as every man of honor and every good citizen must approve.Considering the high station you now fill in our national councils, Ihave thought these explanations proper, as well as to counteract thechimerical tales, which malevolent persons have industriouslycirculated, as to satisfy you that you have not espoused the cause of aman in any way unfriendly to the laws, the government or the interestsof his country.'

  "This statement Burr gave without hesitancy, though his guilt is nowestablished. Some months prior to giving it, on July 29th, he wroteGeneral Wilkinson:

  "'I have obtained funds and have actually commenced the enterprise.Detachments from different points and on different pretences, willrendezvous on the Ohio on the 1st of November. Everything internal andexternal favors views * * * Already are orders given to contractors toforward six months' provisions to point Wilkinson may name. The projectis brought to the point so long desired. Burr guarantees the result withhis life and honor and with the lives and fortunes of hundreds--the bestblood of the country. Wilkinson shall be second only to Burr. Wilkinsonshall dictate the rank of his officers. Burr's plan of operations is tomove down rapidly from the falls by the 15th of November, with the firstfive or ten hundred men, in light boats now constructing, to be atNatches between the 5th and 15th of December, there to meet Wilkinson;there to determine whether it will be expedient in the first instance toseize on or pass by Baton-Rogue.'

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

  "But on the 2nd Mr. Daviess was again forced to ask a postponementbecause of the absence of John Adair; though he asked that the grandjury be retained until he could enforce Adair's attendance byattachment.

  "This occasioned a lively and prolonged argument between Burr's counseland Daviess, to which all the overcrowded court room listened withmarked attention.

  "Clay had the sympathy of the majority of the audience. The proposedexpedition and its leader were popular. Clay was a Democrat. Daviess wasa Federalist, a decidedly minority party in Kentucky. The peoplebelieved in the innocence of the smiling and composed Burr. The judgewas with him and refused to retain the grand jury after the dispositionof pending business. It was up to Daviess to make business until Adaircould be found. He asked an attachment for him, which the Court denied,holding he was not in contempt until the end of the day's session. Hedrafted an indictment charging Adair with complicity in the Burrconspiracy; but the grand jury returned it, 'not a true bill.' As it waslate, Daviess asked for and procured an adjournment until the next day.

  "When the court reassembled, Daviess asked, as prosecuter, to go beforethe grand jury to examine his witnesses so they would understand and beable to piece together the detached evidence constituting theconspiracy. The request was resisted by counsel for Burr and refused bythe court, though the judge himself had suggested it the evening before.

  "The grand jury at the close of the hearing returned the indictmentsubmitted against Col. Burr, 'Not a true bill'--and further declared intheir report, that the evidence subm
itted completely exonerated him fromany designs against the peace and dignity of the United States.

  "Burr's acquittal was celebrated by a great ball given by his friends;and was followed by another given in honor of the defeated districtattorney--and privately, I felt very much inclined to attend the Daviessball; and if I had, would have been tempted to dance, as I was at my ownwedding to my Dear Dorothy.

  "On November 27th the President by proclamation denounced the Burrenterprise and warned the people of the Western country againstparticipation in it.

  "In the meantime preparations for the enterprise continued until thearrival of the proclamation, which in conjunction with the efforts ofMr. Graham, the government's special agent, effectively scotched it.

  "The way this came about, Blannerhassett, under the impression thatGraham was a friend of Col. Burr, disclosed the details of theexpedition. Graham informed Blannerhassett to the contrary and sought topersuade him from participation, but without avail; then he proceeded toChillicothe, where the Ohio legislature was in session and interviewedGovernor Tiffin. The governor sent a message to the legislature and thatbody, in secret session, passed an act to suppress the expedition.Thereupon the Ohio authorities seized the boats and provisions on theOhio shore and the Ohio recruits abandoned the expedition.

  "Graham then hastened to Kentucky, where the legislature, then insession, passed a similar law; and orders were given to apprehend allboats in Kentucky waters. Several days before Graham's arrival, Burr haddeparted for Nashville.

  "Graham, following after him, induced the governor of Tennessee to orderall boats in Tennessee waters seized and all persons implicatedarrested. Burr and his confederates were informed and made their escapein two small boats, paddling to the mouth of the Cumberland.

  "There they joined the remnant of the great flotilla, eleven boats andsixty men and proceeded down the Ohio to the Mississippi and down thatstream towards the trap which Wilkinson had prepared for his formerco-conspirator.

  "Wilkinson had always been a careful and calculating conspirator;disregarding all connections and shifting about as self interestdictated. He was the servant of the highest bidder and in the Burrconspiracy doubtless the instigator; as also the first to recognize thatthe scheme was chimerical. Soon learning the real Kentucky spirit, hemade up his mind to abandon Burr and at the first opportunitytraitorously disclosed the plans to President Jefferson; and towards theend did everything in his power to frustrate Burr's designs.

  "When Burr, visiting Wilkinson in St. Louis, spoke of discontent inKentucky, he replied: 'If you have not profited more by your journey inother respects than this, you would better have staid in Washington. TheWestern people dissatisfied to the government! They are bigoted toJefferson and Democracy.'

  "When the enterprise collapsed, Wilkinson, like many others who had beenloudest in Burr's praise and deepest in his schemes, was now the loudestin denouncing the conspiracy and the most zealous with suggestions toapprehend him.

  "I understand that Burr, blaming its failure upon Wilkinson, denouncedhim: 'As to any prospects which may have been formed between GeneralWilkinson and myself heretofore; they are now completely frustrated byhis perfidious conduct, and the world must pronounce him a perfidiousvillain. If I am sacrificed my portfolio will prove him to be such.'

  "One can readily understand why his expedition appealed to a great manyKentuckians. The people are hardy and adventurous. There are yet manyamong us who lived through the most heroic era of our history; and theyounger generation, fired by their tales, are ready for any adventurousenterprise. Spain is an old enemy, the State is growing rapidly, manyfeel crowded if they live within sight of a neighbor; the enterpriseoffered great opportunities for adventure, for a new pioneer life; andland was to be had for the taking.

  "Even the longest letter must have an ending, and I have found a friendgoing to Powell's Valley, who has promised to deliver mine. I shall comehome in January. My heart bleeds because I will not be able to spendChristmas with you and the boy. I feel I have no home, but my Master hadnot a place to lay his head, nor a wife and son. I pray daily for yoursafety and good health. The Lord bless and keep both of you.

  "Your husband, "Calvin."

  The Kentucky Legislature was petitioned in December, 1806, to makeinquiry into the conduct of Judge Sebastian, a member of the Court ofAppeals, as an intriguer with Spain in an effort to bring aboutKentucky's secession from the Union. In an effort to stifle the inquiry,Sebastian resigned, but the inquiry continued. Evidence submitted,including his confession, disclosed that he had been a pensioner ofSpain for many years, receiving $2,000.00 per annum. Many believed JudgeInnes implicated; and at the session of the succeeding legislature, aresolution was passed recommending that Congress inquire into hisconduct, as being United States judge for the district of Kentucky itwas beyond the province of Kentucky authority. This was done andresulted in his acquittal.

  The disclosures of the Sebastian investigation, and the Burr conspiracy,resulted in a renewal by the Atlantic states of the old and oft-repeatedcharge that Kentucky was disloyal to the Union. The people of Kentuckyresented the charge.

  A great mass meeting was held in Lexington when the people of the Stateunderstood the charges made by the eastern states. After a patrioticspeech by Rev. Calvin Campbell, which Henry Clay declared the smoothestargument he had ever heard in support of centralized power against staterights, the meeting unanimously adopted a resolution:

  "* * * That all charges or insinuations against the people of this Stateof disaffection to the Union or Government of the United States aregross misapprehensions and without foundation." This resolution waspublished in the Palladium on January 7, 1807.

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  On January 14, 1807, Burr, a fugitive in the then great SouthwestWilderness, was apprehended on the Tombigbee river by Captain Gaines, ofthe United States army, and carried to Richmond for trial.