Memoirs of Aaron Burr, Volume 2.

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"Arrived at Lexington on the 20th August, 1805. Left it for Frankfort,
distant twenty-two miles, on the 31st. I am magnificently lodged at
the house of John Brown, who married your old friend and neighbour
Miss Mason, who is, you know, the sister of _my friend_, the priest
(John Mason). She has two fine boys; the youngest, now four, I find
something like A.B.A., and, of course, amuse myself with him a great
deal. Mrs. Brown is still handsome, and speaks of you with attachment
and respect.

"My plans for the two next months are now made up, or rather imposed
on me by letters received since I last wrote you, and by my previous
engagements. On the 1st of September I leave this for St. Louis. My
route is to Louisville, 55 miles; Vincennes, on the Wabash, 150 miles;
Kaskaskias, on the Mississippi, 150 miles; St. Louis, 75 miles. These
distances are probably inaccurate, but St. Louis is called 450 miles
from this. I propose to be at Cincinnati on the 1st of October; at
Chilicothe and Marietta from the 7th to the 15th; at Pittsburg about
the 20th, and at Bedford till the 1st of November. If by that time I
should hear nothing from you, shall take measures for going by land or
water to Theoville, so that you see it must be late in November before
I can see you.

"Arrived at Louisville (Falls of the Ohio) on the 2d of September,
being sixty miles on my way to the Missouri. I have now again one
hundred and fifty miles of wilderness to encounter. I will be at
Berkeley Springs by the 20th of October, where I hope to meet you and
Mari. Address to me at the city of Washington."

TO JOSEPH ALSTON.

Washington, November 29, 1804.

I came to Berkeley as was proposed. You were not there; no letter from
you. I sent a messenger to Washington city for intelligence, and
waited his return in unpleasant suspense. At the termination of six
days my messenger returned with letters advising that you would be at
Hillsborough, whither I resolved immediately to go, but thought it
best to take Washington in my way, in the hope of other letters. You
were all at the Oaks, and no movement spoken of. You were to go alone
to the legislature. Wife and child to be left at the Oaks.

Though oppressed with important engagements, I would nevertheless set
off with the stage of this day for Georgetown and the Oaks if I could
have been assured of finding preparations ready made for the
contemplated journey of Theodosia and the boy; but as you may have
left home without attending to this point, it seemed probable that I
might make a fruitless journey of nine hundred miles; fruitless,
except the pleasure of passing one day at the Oaks, and even this with
the alloy of your absence. My course will, therefore, be now to
Philadelphia, where I have made appointments, and either at that place
or this shall wait your reply, and we must endeavour to arrange our
plans with precision. Address me at this place.

My solicitude about the health of Theodosia is no way relieved by the
sort of recovery of which she advises me. The boy, too, has a relapse
of the ague, a disease of all others the most fatal to the infant
constitution. Great God! what sacrifices do you make, and to what end?
These solicitudes poison all my enjoyments, and often unfit me for
business. Being apprized from recollection of our personal
communications last autumn, and of our correspondence last winter, of
the engagements and ties which will prevent you, at least for some
months, from leaving South Carolina, I determine, at any sacrifice, to
rescue Theodosia and son.

There will be no war with Spain unless we shall declare it, which is
not expected. England continues a course of malevolence, which will
still continue and be borne. France, more courteous in words, under
the pressure of her own affairs. Affectionately,

A. BURR.

The letters and extracts from the journal of Colonel Burr, which have
been given in the preceding part of this chapter, sufficiently
indicate that he was actively employed in travelling during the year
1805. From January, 1806, until August following, his time was
principally spent in the cities of Washington and Philadelphia. During
this period his correspondence [2] is voluminous, but in no manner
develops any other views than such as relate to land speculations.
Commodore Truxton, on the trial at Richmond, swore that Colonel Burr,
in the latter end of July, 1806, informed him that he was about
concluding a bargain for the Washita lands. In August Mr. Burr
commenced his western tour. In the summer and autumn, and during that
tour, he was brought before two different grand juries in Kentucky and
discharged. So far as any testimony was produced, it went to prove an
intention of settling the Washita lands. On the 3d of March, 1807, he
was arrested, by order of the government, on a charge of treason, in
the Tombigbee country, and transported to Richmond, Virginia, for
trial.

Footnotes:

1. There was something prophetic in this prediction; for a few hours
afterward, in the House of Representatives, Messrs. Nicholson and
Randolph were betrayed into a violence of conduct which was noticed in
our last.

_Editor of the Washington Federalist_.

2. Portions of the letters to and from Colonel Burr are interesting;
many highly amusing; but the space yet remaining in which these
memoirs are to be closed renders it absolutely necessary to exclude
them from the work.

CHAPTER XX.

A separation of the South American provinces from the government of
Spain had long been anticipated. As early as the year 1796, while John
Jay was governor, Colonel Burr had various conversations with him on
the subject of these provinces. In these conversations Colonel Burr
expressed his views in reference to South America, which, he said, he
could revolutionize and take possession of. Governor Jay replied that
the boldness of the project would contribute to its success;
expressing his opinion that it was not impracticable. From this period
until 1805, Mr. Burr's mind seemed to have been constantly engaged in
reflecting on the feasibility of the measure, and the proper period
for carrying it into operation.

As matter of history connected with this subject, but not generally
known, it may not be improper to refer to an occurrence as early as
the year 1797, 98. About this period General Miranda was in the United
States. He formed an acquaintance with Generals Hamilton, Knox, and
other distinguished Americans. To these gentlemen he communicated his
project of revolutionizing South America. From the United States he
proceeded to England, and presented himself to the British ministry.
They entered into his views. The proposition was, that the United
States should furnish ten thousand troops, and, in that event, the
British government agreed to supply the necessary funds and ships to
carry on an expedition. As soon as Miranda had completed his
arrangements with the British minister, he addressed a letter to
General Alexander Hamilton, dated April 6th, 1798, in which he
says:----

"This, my dear and respectable friend, will be handed to you by my
countryman Don -----, who is charged with despatches of the highest
importance for the President of the United States. He will tell you,
_confidentially_, all that you wish to know on this subject. It
appears that the moment of our emancipation approaches, and the
establishment of liberty on all the continent of the New World is
confided by Providence to us. The only danger which I foresee is the
introduction of French principles, which would poison our liberty in
its cradle, and would finish by destroying yours."

So far did these arrangements advance, that Miranda again wrote
General Hamilton, under date of the 19th of October, 1798:----

"Your wishes are, in some sort, already accomplished, seeing that it
has been agreed here on one side not to employ in the operations on
land English troops; seeing that the auxiliary land forces are to be
exclusively American, while the naval force shall be purely English.
Every thing is smooth, and we wait only for the fiat of your
illustrious president to depart like lightning."

On the same day (October 19th) General Miranda wrote General Knox as
follows:----

"I cannot express to you, my dear general, with what pleasure I heard
of your nomination [1] in the continental army of the United States of
America. It would appear that your _wishes_ are at length
_accomplished_, and that every possible circumstance is united, at
this moment, in our favour. Would to God that Providence would endow
us with sufficient wisdom to make the most advantageous use of these
circumstances."

At this time Mr. Adams, senior, was president of the United States,
and declined entering into the arrangement. It is believed that no
reply was made to the letter addressed to the president. Two questions
here present themselves to the inquiring mind.

Was there any connexion between this plan of Miranda for the invasion
of Mexico, and the raising of an army in the year 1798, under the
pretext of resisting an attack upon this country by France?

Was the policy adopted by President Adams on that occasion any way
connected with the imbittered warfare which subsequently ensued
between Mr. Adams and Mr. Hamilton? These are questions for the
consideration of speculative politicians, but not for discussion in
this place.

It has been seen that Mr. Burr was actively engaged during the years
1805 and 1806 in traversing the western country. In his latter days
Colonel Burr had no longer any motive for concealment; nor did he
evince the least desire to suppress the facts in relation to any of
his acts, even where the promulgation of those facts was calculated to
affect his moral character. According to his representations, repeated
at a time and under circumstances the most solemn [2] and impressive,
his views were twofold: viz., _First_. The revolutionizing of Mexico;
and, _Second_, A settlement on what was known as the Bastrop lands.
Burr, from early manhood, had a turn for speculation, and frequently
entered into large contracts for the purchase and sale of lands.

At this period (1806) the difficulties with Spain in relation to the
Mississippi and the right of deposite at New-Orleans created an
opinion that a Spanish war was inevitable. Such a war would have been
popular with the western people. Of these opinions and these feelings
Burr took advantage, and undoubtedly, by innuendoes or otherwise,
induced some to believe that his arrangements for the invasion of
Mexico were with the knowledge, if not the approbation of the
government.

Previous to the cession of Louisiana to the United States, Baron P.N.
Tut Bastrop contracted with the Spanish government for a tract of land
exceeding thirty miles square near Nachitoches. By the terms of the
contract he was, within a given period of time, to settle upon these
lands two hundred families. Subsequently Colonel Charles Lynch made an
arrangement with Bastrop for an interest in this contract. Burr
purchased from Lynch nearly four hundred thousand acres, and
Nachitoches. On the trial at Richmond this purchase was established,
and the actual payment to Lynch by Burr of five thousand dollars was
also proved.

General Adair possessed the confidence of Colonel Burr in relation to
his western movements in a greater degree than any other individual.
Burr was introduced to Adair by General Wilkinson. In a letter dated
March, 1807, General Adair says, and there is no doubt truly says--"So
far as I know or believe of the intentions of Colonel Burr (and my
enemies will agree I am not ignorant on this subject), they were to
prepare and lead an expedition into Mexico, predicated on a war
between the two governments; without a war he knew he could do
nothing. On this war taking place he calculated with certainty, as
well from the policy of the measure at this time as from the positive
assurances of Wilkinson, who seemed to have the power to force it in
his own hands. This continued to be the object of Colonel Burr until
he heard of the venal and shameful bargain made by Wilkinson at the
Sabine river; this information he received soon after the attempt to
arrest him in Frankfort. He then turned his attention altogether
towards strengthening himself on the Washita, and waiting a more
favourable crisis. I thought the first of these objects honourable and
worthy the attention of any man; but I was not engaged in it, my
political as well as private pursuits forbidding me from taking a part
until it was over; nor did I ever believe, notwithstanding Wilkinson's
swaggering letters to me on that subject, which may be seen, that a
war would take place."

The grant of the Spanish government to Bastrop amounted to 1,200,000
acres. Six tenths of this grant was conveyed to Colonel Lynch, and cost
him about one hundred thousand dollars. As the time within which two
hundred families were to be settled on the land was rapidly drawing to a
close, Lynch conveyed one half his right to Burr for fifty thousand
dollars. In this purchase many private citizens of worth and
respectability were interested. The two projects, however, became in
some degree blended. The great object of Burr was the conquest of
Mexico. With this view he conferred with General Wilkinson, who was
ardent in the cause. Wilkinson's regular force, about six hundred men,
was intended as a nucleus, around which the followers of Burr were to
form. They were the only disciplined corps that could be expected. As
Wilkinson was the American commander-in-chief, and stationed upon the
borders of Mexico, he possessed the power, and was pledged to strike the
blow whenever it should be deemed expedient. This commencement of the
war would thus have been apparently under the sanction and authority of
the American government, and would have drawn to the standard of Burr
numerous volunteers from the western states. Such, undoubtedly, was the
plan; and Burr entertained no suspicion of Wilkinson's treachery towards
him until his interview with Swartwout. As soon as he made that
discovery, in the language of General Adair, "he turned his attention
towards strengthening himself on the Washita, and waiting a more
favourable crisis."

Daniel Clarke, of New-Orleans, entered into the Mexican project. He
engaged to advance fifty thousand dollars; but subsequently, from
disappointments, he was unable to fulfil his contract. General
Wilkinson detailed to Colonel Burr all the information he possessed
respecting that country, and pointed out the facilities which would
probably be afforded by the inhabitants in effecting a revolution.
Without Wilkinson's troops, Burr declared most solemnly, a short time
before his death, that he would not have made the attempt on Mexico;
that he was perfectly aware the men he would collect, so far as it
respected military operations, would be at first little better than a
mob.

Colonel Burr had repeated conferences on the subject with Mr. Merry,
the British plenipotentiary resident in the United States. Mr. Merry
communicated to his government the project of Mr. Burr. Colonel
Charles Williamson, the brother of Lord Balgray, went to England on
the business, and, from the encouragement which he received, it was
hoped and believed that a British naval squadron would have been
furnished in aid of the expedition. At this juncture Mr. Pitt died.
Wilkinson must have heard of the death of the premier late in the
spring or early in the summer of 1806. From this moment, in Mr. Burr's
opinion, Wilkinson became alarmed, and resolved on an abandonment of
the enterprise at the sacrifice of his associates.

On the suggestion of Wilkinson, Mexico was twice visited by Daniel
Clark. He held conferences and effected arrangements with many of the
principal militia officers, who engaged to favour the revolution. The
Catholic bishop, resident at New-Orleans, was also consulted, and
prepared to promote the enterprise. He designated three priests, of
the order of Jesuits, as suitable agents, and they were accordingly
employed. The bishop was an intelligent and social man. He had been in
Mexico, and spoke with great freedom of the dissatisfaction of the
clergy in South America. The religious establishments of the country
were not to be molested. Madame Xavier Tarjcon, superior of the
convent of Ursuline nuns at New-Orleans, was in the secret. Some of
the sisterhood were also employed in Mexico. So far as any decision
had been formed, the landing was to have been effected at Tampico.

During the year 1806 Colonel Burr was at the house of General Andrew
Jackson for some days. Repeated and detailed conversations were held
between them in relation to the expedition. Subsequently, General
Jackson addressed a letter to Colonel Burr, in which he alluded to
rumours that were afloat of his having hostile designs against the
United States; adding that, if this were true, he would hold no
communication on the subject; but, if untrue, and his intentions were
to proceed to Mexico, he (Jackson) would join and accompany him with
his whole division. To this the proper answer was given.

About the same time Colonel Burr wrote Senator John Smith, of Ohio, on
the subject of these rumours, in which letter he says--"If Bonaparte,
with all his army, was in the western country for the purpose of
accomplishing that object, they would never again see salt water." It
may be proper to state here that Colonel Burr's whole force at no time
exceeded _one hundred and thirty men_.

This is a brief, but it is believed to be a true and faithful account
of Colonel Burr's views and projects during the years 1805 and 1806.
In the progress of these transactions many individuals were
implicated. While the promulgation of their names might tend to
gratify an idle curiosity, it could be productive of no possible good.
(The charge of treason, now that the storm has blown over, is so
perfectly ridiculous, that one who investigates the subject will be
astounded that it ever gained credence. It originated with the most
corrupt and unprincipled, and was countenanced, propagated, and
sustained by the most malignant.) When the charge of treason was first
spread abroad, Colonel Burr appeared to be deserted and abandoned by
his confidential and devoted friends. Even his son-in-law, Governor
Alston, seemed to shrink from the consequences of an intercourse with
him. All those who were in any manner connected with the contemplated
expedition disclaimed the idea of treasonable designs, averring that,
if such were the views of Colonel Burr, they had been deceived. And
what does all this prove? Does it not demonstrate that if his object
was a separation of the Union, that object was to be accomplished
without the knowledge or aid of his friends and associates? Can any
thing place the charge in a more ridiculous point of view?

Colonel Burr was arrested as a traitor on the Tombigbee river,
Mississippi territory, and transported to Richmond, where he arrived
on the 26th of March, 1807. He was bailed until the 22d of May, when
the court was to convene. A description of the outrages and cruelty
which he endured would fill volumes. A calm and dispassionate detail
of the means which were adopted by Mr. Jefferson to obtain an
opportunity of shedding his blood, under colour of law, would be
revolting to the philanthropist and the patriot, while it would not
change public opinion of this philosopher.

In October, 1806, Mr. Swartwout delivered to General Wilkinson a
letter from Burr, written in cipher. That letter Wilkinson _altered_,
and then deciphered it. The forgery was detected before the grand
jury, and he compelled to acknowledge the fact, although he had sworn
to the translation as being correct in all its parts. Notwithstanding
Mr. Jefferson's knowledge that Wilkinson was a Spanish pensioner,
which fact Mr. Derbigny had stated to Secretary Gallatin in a letter,
and subsequently swore to its truth; and notwithstanding his perjury
before the grand jury, yet did the president sustain and countenance
the general as a fit instrument for his purposes.

Other arrests were made during this military reign of terror, _viz._,
Generals Adair and Dayton, Blennerhassett, Swartwout, Alexander,
Smith, Bollman, Ogden, &c. Burr and Blennerhasset alone were brought
to trial. On the 22d of May, 1807, came on the cause of Aaron Burr
before the Circuit Court of the United States, Judge Marshall
presiding. No indictment was found by the grand jury until the 25th of
June, when two bills were presented against Burr; one for treason, and
the other for a misdemeanour. On the 30th of June he was committed to
the penitentiary for safe keeping until the third day of August. From
the 5th until the 17th of August the court was engaged in obtaining a
jury and discussing points of law. On that day the treason case was
opened, and an examination of witnesses on the part of the government
commenced. Colonel Burr had more than thirty witnesses in attendance,
but deemed it unnecessary to call any of them.

On the 1st day of September, 1807, the jury retired, and in a short
time returned with the following verdict, which was read by Colonel
Carrington, their foreman.

"We of the jury say that Aaron Burr is not proved to be guilty under
this indictment by any evidence submitted to us. We therefore find him
not guilty."

This verdict was objected to by Colonel Burr as informal. He observed
that, whenever a verdict is informal, the court will either send back
the jury to alter it, or correct it itself; that they had no right to
depart from the usual form, &c. Mr. Hay thought the verdict ought to
be recorded as found by the jury, which was substantially a verdict of
acquittal; and that no principle of humanity, policy, or law forbade
its being received in the very terms used by the jury.

Mr. Martin said that it was like the _whole play_, "Much ado about
Nothing;" that this was a verdict of acquittal; that there was nothing
to do but to answer the question of guilty or not guilty; that it was
the case with every jury in every instance; they had or had not
evidence before them.

Colonel Carrington, one of the jury, observed, that it was said among
themselves that, if the verdict was informal, they would alter it;
that it was, in fact, a verdict of acquittal.

The court then directed that the verdict should remain as found by the
jury; and that an entry should be made on the record of "_Not
Guilty_."

On the 9th of September a jury was empannelled to try Colonel Burr on
the indictment for misdemeanour, which consisted of seven counts; the
substance of which were, that Aaron Burr did set on foot a military
enterprise, to be carried on against the territory of a foreign
prince; _viz._, the province of Mexico, which was within the territory
of the King of Spain, with whom the United States were at peace.

After the prosecution had examined some of their witnesses, and the
court had decided that the testimony of others was not relevant, the
district attorney, Mr. Hay, made a motion that the jury be discharged.
To this motion Colonel Burr objected, insisting upon a verdict. This
was on the 15th of September. The court being of opinion that the jury
could not in this stage of the case be discharged without the consent
of the accused, and that they must give a verdict, they accordingly
retired, and very soon returned with a verdict of "_Not Guilty_."

Previous to the trial for treason it was industriously circulated that
Commodore Truxton had most honourably repelled Colonel Burr's
advances, and pointed out the infamy which awaited him. He was
subpoenaed on the part of the United States, and on his examination
said--"That Colonel Burr told him (some time in July, 1806) that he
contemplated an expedition to Mexico in the event of a war with Spain,
which he thought inevitable. He asked me if the Havannah could be
easily taken in the event of a war. I told him that it would require
the co-operation of a naval force. Mr. Burr observed to me that _that_
might be obtained. He asked me if I had any personal knowledge of
Carthagena and La Vera Cruz, and what would be the best mode of
attacking them by sea and land. I gave him my opinion very freely. Mr.
Burr then asked me if I would take the command of a naval expedition.
I asked him if the executive of the United States were privy to or
concerned in the project. He answered _emphatically_ that he was not:
I asked that question because the executive had been charged with a
knowledge of Miranda's expedition. I told Mr. Burr that I would have
nothing to do with it; that Miranda's project had been intimated to
me, but I declined to have any thing to do with such affairs. He
observed to me that, in the event of a war, he intended to establish
an independent government in Mexico; that Wilkinson, the army, and
many officers of the navy would join. I told Mr. Burr that I could not
see how any officer of the United States could join. He said that
General Wilkinson had projected the expedition, and he had matured it;
that many greater men than Wilkinson would join, and that thousands to
the westward would join. I told Colonel Burr that there would be no
war. He was sanguine there would be war. He said, however, that if he
was disappointed as to the event of a war, he was about to complete a
contract for a large quantity of land on the Washita; that he intended
to invite his friends to settle it; that in one year he would have a
thousand families of respectable and fashionable people, and some of
them of considerable property; that it was a fine country, and that
they would have a charming society, and in two years he would have
double the number of settlers; and, being on the frontier, he would be
ready to move whenever a war took place."

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