States for the district of Kentucky, published a pamphlet to show what he did to detect Burr. His pamphlet gives copies of the letters which he wrote to Mr. Jefferson, in the months of January and February of that year. In these letters, Daveiss discloses a very intimate connection between the celebrated General Wilkinson (Mr. Jefferson's military chief at New Orleans) and Mr. Burr. He also mentions, that two men of distinction in the western country were under an annual stipend to promote the views of Spain. It seems to have been intended by Spain, to detach all the country west of the mountains from the United States, a very natural consequence of the purchase of Louisiana.

The first letter of Daveiss is dated the 10th of January, 1806. The first acknowledgment of it by Mr. Jefferson is dated the 15th of February following. Although Mr. Daveiss appears to have devoted himself most faithfully to the investigation of the designs going on in the western country, and wrote eight very circumstantial letters to Mr. Jefferson, the next communication from Mr. Jefferson was a short letter under date of September 12, 1806, merely acknowledging the receipt of Mr. Daveiss's disclosures. What motives Mr. Jefferson had for taking no part in defeating Mr. Burr's purposes at an earlier period, can only be conjectured. He might have intended to let Burr, like Miranda, do all the injury to Spain, which he could do, and, in his own time, to disavow these acts, and to have the gratification of punishing a man, who had dared to be a competitor with him for the presidency.

It appears, that towards the close of 1806, Colonel Burr did engage in some expedition to proceed down the Ohio and the the Mississippi; that he had procured some boats, and that a small number of men were to accompany him. On the night of the 10th of December, 1806, there were assembled at Blannerhasset's Island, in Ohio river, a few men, who had two or three boats, on board of which some arms are said to have been laden. These boats departed that night, and arrived at the mouth of Cumberland river. Burr was not of this party, but descended the Cum

berland with some boats, and there joined the Blannerhasset party; and the whole force proceeded down the Ohio, and into the Mississippi. The number of boats, after Blannerhasset united with Burr, was said to be not more than eight, and the number of men not exceeding sixty. Before this time Burr had been twice accused by grand juries in Kentucky; but there was no sufficient ground to proceed against him. On hearing of the second accusation, he voluntarily presented himself at court and was discharged.

An extensive combination had undoubtedly been contemplated; and in part effected for some purpose. General James Wilkinson, then at New Orleans, was in some way connected with this affair, but in what manner and to what extent seems to be questionable. There was a communication in cipher between him and Burr. The only letter so written seems to have had relation to an invasion of Spanish territory. It is hardly doubtful whether the administration were ignorant of this. If they were not, it is difficult to account for continued confidence in Wilkinson to the close of his life. Some persons had gone by sea to New Orleans in expectation of Burr's arrival, and among others, Mr. Swartwout, of New York, and the famous Dr. Bollman. Whatever the plot may have been, it was entirely defeated. At the time which best suited the purposes of the administration, the western country was awakened; orders were issued to the naval and military force of the United States, to take Burr and his party while descending the river, and "if it shall become necessary for that purpose, to destroy his boats." Apprised of these measures, Burr thought proper to be landed somewhere on the shores of the Mississippi, and thence found his way to the Tombigbee river, in the Mississippi territory, on the 19th of February, 1807, accompanied by one person.

It appears that Burr was in advance of his companion thirty or forty yards, in passing a settlement called Washington Court House, at about eleven o'clock at night. Burr passed on without halting or speaking; but his companion inquired of one standing at the door of a public house for the dwelling of a Major Hinson,

and, on being answered, followed Burr. The person inquired of, suspecting the first traveller to be Burr, followed with a sheriff to Hinson's, and there having his suspicions confirmed, went to Fort Stoddard, and obtained a military officer and four soldiers, who took Burr into their custody. He was thence conducted as a prisoner to Richmond, where he arrived towards the close of the month of March.

LETTER XLVII.

SEPTEMBER 21, 1833.

On the 30th of March, 1807, George Hay, Esq., Attorney of the United States for Virginia, applied to Chief Justice Marshall to commit Colonel Burr on the charge of treason. A preliminary examination was had of the evidence, and the judge was of opinion that it did not authorize a commitment for that crime, but only for a misdemeanor; and Burr was, therefore, allowed to find bail for his appearance at the next Circuit Court at Richmond; bail was given.

On the 22d of May, the Circuit Court was opened. The counsel for the prosecution were George Hay, Alexander McRae and William Wirt. For Burr, John Baker, Benjamin Botts, John Wickham, Edmund Randolph and Luther Martin appeared. At a subsequent day, Charles Lee also appeared. To these may be added Burr himself, who had been a lawyer of great eminence. Many days were passed in selecting a grand jury. Among others William B. Giles had been summoned, who had been informed by Mr. Jefferson of the certainty of Burr's guilt. This gentleman, no doubt at Mr. Jefferson's suggestion, had moved the Senate to suspend the writ of habeas corpus, which motion, if successful in both branches, would have given Mr. Jefferson

unlimited control over the personal liberty of every citizen in the United States. The motion was rejected even by that Congress. Mr. Giles seems to have had little doubt of his fitness to serve as grand-juror. But after examination and discussion he withdrew. John Randolph (the same who was sent recently as minister to Russia) was foreman of the grand jury.

There appears to have been much discussion in court on the evidence which should go to the grand jury. Among other persons called as witnesses for the government, was Dr. Erick Bollman, for whom Mr. Jefferson had prepared a certificate of pardon, which Mr. Hay presented to Bollman in court, and which Bollman peremptorily refused to accept. He was, however, sworn and sent to the jury.

While the jury were deliberating, the court were engaged in a long argument on a motion to punish General Wilkinson for contempt of court, in having unlawfully caused one Knox to be arrested, imprisoned, and forcibly conducted on board a United States vessel, called the Revenge, at New Orleans, and thence brought to Richmond as a witness against Burr. The proceedings of Wilkinson appear to have been arbitrary and oppressive, and enforced by his military authority; but the Chief Justice decided, that he was not chargeable with contempt. Wilkinson came from New Orleans in the same vessel. The precise charge against him was, that he had used illegal means; and had invaded the privilege of witnesses, tending to the corruption of evidence; and materially to affect the justice and dignity of the court, so as to subject him to process of contempt. But, as before stated, the charge was not sustained.

On the 24th of June, the grand jury came in with charges of treason and misdemeanor against Burr; and with like charges against Herman Blannerhasset. Afterwards similar charges were found against General Jonathan Dayton and one Smith. Great difficulties occurred in selecting a jury for trial; party feelings had taken so strong a hold, that almost every person called seemed

to have made up his mind from rumors and newspaper statements. The selection of a jury occasioned a long delay.

On the 17th of August, Burr was put on trial, charged with having excited insurrection, rebellion and war, on the 10th of December, 1806, at Blannerhasset's Island, in Virginia. Secondly, the same charge was repeated, with the addition of a traitorous intention of taking possession of the city of New Orleans with force and arms. To all which he pleaded not guilty. Many witnesses were examined, to show in what manner Colonel Burr had employed himself in the western country, in 1805 and 1806; and to show that he had contracted for boats and provisions; and had conferred with divers persons, to some of whom he had disclosed one purpose, and to some another, according to the expectation of operating on them through different motives. The probability is, that Burr was then a desperate man. He was an exile from the state of New York, in consequence of the pendency there of the indictment for the murder of Colonel Hamilton; he had lost the popular favor; his means had been much reduced; he held the administration in contempt; he had insatiable ambition; and appears to have thirsted for opportunity to distinguish himself, and to retrieve his standing at all hazards. Yet, as circumstances now appear, one cannot but think, that a man of Burr's sagacity must have had some assurances and encouragement from the government, or from its military chief, Wilkinson, that he might move against the Spanish territories, whatever other designs he may have had. If Burr had no such reliance on government, it is improbable so intelligent a person should have imagined, that he could proceed successfully with his few boats and men, even if permitted to do as he pleased. If his object was to seize New Orleans, he must have been deranged to think his armament sufficient for his purpose, if he had not been assured of Wilkinson's co-operation. If Wilkinson can be supposed to have favored Burr's design, he may have changed his mind at a convenient time; or he may have accepted Burr's confidence, with the intention of defeating his projects, when this