  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 "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." On his cross examination Commodore Truxton added "that he was very intimate with Colonel Burr; that in their conversations there appeared to be no reserve; that he never heard Colonel Burr speak of a division of the Union; that Burr said his Mexican expedition would be beneficial to the United States; that, so far from doubting Burr's intention to settle the Washita lands, he was astonished at hearing he had different views, which accounts were contained in newspapers received from the western country." From among numerous instances of Mr. Jefferson's idea of honour and morality, as practised by him and by his order pending that trial, only one will be selected as a sample. Dr. Erick Bollman, the friend of Lafayette, was arrested by the order of Wilkinson as a co-conspirator with Burr. He was called as a witness on the part of the United States; and in open court, the district attorney, Mr. Hay, by order of Mr. Jefferson, tendered him a pardon, which he indignantly refused, asserting his innocence of any act requiring a pardon. Immediately after the trial, he published, under his own signature, an account of what occurred between himself and the president. From that publication, which was never controverted, sufficient will be extracted to show Mr. Jefferson's feelings and principles. Bollman says, "In the month of December, 1806, I was seized and arrested at New-Orleans by order of General Wilkinson, but in the name of the United States. When I arrived at Charleston, Annapolis, and Washington, the newspapers represented Colonel Burr as being at the head of two thousand men, and they were ringing at the same time with reports of his pretended treason. "These circumstances occasioned in my mind great indignation with regard to the reports just mentioned, and great solicitude lest General Wilkinson's conduct and Burr's situation might lead to occurrences which Colonel Burr would deprecate, and which involuntarily would put him in the wrong. "I therefore requested an interview with the president of the United States for two decided objects. 1st, To remove from his mind the false impressions he had received with regard to treason. 2d, To endeavour to convince him that the interests of the United States would be best consulted by going to war with Spain, and giving countenance to the expedition which Colonel Burr had planned. "It appeared to me that this step might do some good, could do no harm, and, in my situation, ought to be attempted. I saw the president, together with Mr. Madison; and having first, when questioned on that point, declared to the former that I had no personal motives for this interview, spoke to them to the effect just mentioned. The day after the interview I received the following note from the president, the original of which, in his own handwriting, now remains in my possession:— "'The communications which Doctor Bollman made yesterday to Thomas Jefferson were certainly interesting; but they were too much for his memory. From their complexion and tendency, he presumes that Doctor Bollman would have no objection to commit them to writing, in all the details into which he went yesterday, and such others as he may have then omitted, Thomas Jefferson giving him his word of honour that they shall never be used against himself, and that the paper shall never go out of his hand.' January 25, 1807. "I immediately complied with the president's request; and considering the communication, in conformity with the tenour of his note, as strictly confidential, I had no motive to be unusually guarded, or to weigh every expression with more than ordinary care. The paper, containing nearly twenty pages, was hardly finished, when I immediately sent it to the president. I borrowed it from him some time afterward when in prison, in order to take a copy, and then returned it. "The whole of it goes to the two points above mentioned, viz., to disprove treason, and to show the expediency of war. It can give no other ideas to an unbiased reader, unless one or two expressions, improperly used, and for which the allowance ought to be made, that the English is not my native tongue, are singled out, are considered disconnectedly with what precedes and follows, and construed in a hostile manner. "The president had given 'his word of honour' that this paper should not be used against myself; and yet on it was predicated the pretended necessity of a pardon for my personal safety. The attorney for the district (Mr. Hay), in open court, when offering me the patent pardon, referred to it. Nay, when I indignantly refused that pardon, he reminded me of the horrors of an ignominious fate, in order, if possible, to change my determination. Is a paper not used against me when, on account of its contents being misunderstood, I am thus assailed with the tender of a badge of infamy? Is life, in Mr. Jefferson's opinion, all; and character and reputation, which alone can render it desirable, nothing? The great inquest of the nation, after hearing a great variety of testimony, and particularly that of General Wilkinson, by an opinion nearly unanimous on my subject, have absolved me from guilt! No indictment has been preferred against me, though they have indicted various gentlemen in different parts of the United States. Was it, then, becoming the first magistrate of the Union, whom I had approached with some degree of confidence, and with regard to whom neither my conduct nor my language have ever been unfriendly—was it becoming in him, in a measure, to forestall the opinion of the grand jury, and to stigmatize me as a pardoned criminal? "The paper was never to get out of the president's hands, but it is now in the hands of the attorney for the Virginia district. On the 23d of June, an occurrence of which the prints have taken no notice, the grand jury came into court. Their foreman stated that one of the witnesses had mentioned to him an important paper, written by another witness, which was in the possession of Mr. Hay, and of which they wished the delivery. Mr. Hay replied, that this referred to my letter to the president, which was in his possession, but that he did not consider himself warranted to give it to the grand jury. He also declared it to be his firm persuasion that the paper was written in my own handwriting; it has further appeared that he had occasioned General Wilkinson to read it. Through him he had brought what is falsely stated to be its contents insidiously before the grand jury. General Wilkinson, when before that body, and, of course, on his oath, did assert that he knew the paper in Mr. Hay's hands; that it was my handwriting and my signature. |
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