USA > Kentucky > A history of the commonwealth of Kentucky > Part 29
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On the 20th December, 1803, William C. Claiborne, Gov- ernor of the Mississippi Territory, and General Wilkinson re- ceived possession of the province of Louisiana, from the French commissioner, M. Loussat. Thus were new and incalculable commercial advantages opened to Kentucky, in common with the whole country; advantages, the want of which, more than once seemed to threaten the stability of the Union. Now a career of every kind of profitable exchange, unobstructed
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by a foreign power, from the heads of the Ohio, the Mississippi, and the Missouri, to the ocean, was laid open to the industry, and the enterprise of the west. Under the smiles of this golden commerce, aided by the mighty powers of Fulton's almost magic invention, the wilderness is indeed blossoming as the rose, and countless regions, and innumerable millions are subjecting to the mild and glorious sway of religion, liberty and learning.
How fearful is the moral responsibility of our countrymen, lavishly endowed as they are, with the bounties of Divine Providence; that they execute the high trust confided to them, for the good of mankind, in faith and in honesty! How bitter will be the maledictions of future generations, if they shall pervert these fair and lovely benefactions of Divine goodness, and thus deprive posterity of their just and rightful expecta- tions! It behooves every American, and more imperatively every inhabitant of this most highly favored west, that he should be deeply impressed with the great obligations he owes to futurity; to transmit the noble legacy of our freedom, and its glorious fruits unimpaired; and rather enriched by our efforts to increase the social happiness, and continue the improvement for long enduring ages.
The year 1803, is commemorated by the first public ser- vices of Henry Clay, in the government of the State. The history of the commonwealth owes her tribute of honor to one, whose discharge of the highest political trusts of the republic have since enrolled his name, indelibly among her first and most honored statesmen.
An ardent love of liberty, high intellect, and an oratory as brilliant and impetuous as his spirit is free and unfettered, have formed a halo of intellectual and moral glory around the great Kentuckian, as imperishable as the records of patriotism, of talent and eloquence in any age.
The sphere of Mr. Clay's activity, has generally been above the scenes of this history, yet his domestic services often form the subject of its humble pages. Kentucky is, indeed, well entitled to the honor of merits, exhibited in higher
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trusts than her own, for which she first selected this favorite son of her ambition.
Henry Clay was first elected a member of the House of Representatives of Kentucky, in the session of 1803, under most flattering circumstances .* It was during his absence at a watering place known as the Olympian Springs, in the county of Bath, that he was unexpectedly brought forward as a can- didate, by his friends, and elected triumphantly.
At the gubernatorial election of 1804, Christopher Greenup succeeded governor Garrard, and he appointed John Rowan, since so honorably distinguished at the bar and in the legisla- tive councils of his country, as Secretary of State.
In the session acts of this year. is one conferring a pension on Clarinda Allington. "She had been a prisoner with the Cherokee Indians, and, as she alleged, compelled by a chief to marry him." This lady had three children by her marriage, when she escaped from the Indian towns, and took refuge in Kentucky. On application to the General Assembly for as- sistance, she was allowed an annuity for three years." This is remarkable as the first instance of a pension under the gov- ernment of Kentucky.
An act to incorporate the Ohio Canal Company originated at this time, although it produced no effect; the promulgation of the opinions of the court of Appeals was likewise provided for at this session, by directing the Clerk of the court to furnish the public printer with a copy of them for publication. They were therefore newspaper reports at first, though they soon assumed a more dignified and durable shape.
On the 4th of March, 1805, the second term of Mr. Jeffer- son's presidency commenced, after an election of unanimity, unexampled since the government of the great Washington. Out of one hundred and seventy-five electoral votes, he received one hundred and sixty-two. This was the first presidential election after the amendment of the constitution, which re- quired the electors to distinguish the person voted for as Presi- dent, and the one voted for as Vice President.
* Biography of Henry Clay, by George D. Prentice, Esq .- page 25.
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During the summer of this year, Colonel Burr, the late Vice President, who by his intrigues of over-reaching ambition had lost the confidence of the country, visited Kentucky; and after making some stay at Frankfort, in a retired manner, proceeded on his way through all the principal points of the western country, from St. Louis to New Orleans. In the en- suing August, Colonel Burr returned to Lexington, in Ken- tucky, on his way eastward of the mountains. The desperate consequences of these visits, will appear in the succeeding year. They may, without much violence, be compared to Milton's immortal fancy of the visits of Lucifer to the newly created Eden; before he planned his machinations against the parents of our race.
Among the simple and effective amendments of judicial proceedings, for the accommodation of the people, may be ranked an act of this session; "providing a summary mode of recovering debts on bond or note." It is usually termed the petition and summons law. By this law, a simple form of declaration, in which the note or bond evidencing the debt, was to be substantially set out; with an averment that the debt remained unpaid; if the note had been assigned, that also was to be stated, and judgment prayed. This was to be lodged with the clerk of the proper court; who issued a summons, to which he annexed a copy of the complaint, for the defendant, which were to be delivered ten days before the court met; and in that case, judgment was to be rendered on the third day of the court; unless it should be suspended by good cause shown to the court, and an order obtained for that purpose: bail was, however, not to be taken under this act.
The year IS06, was one of foreign and domestic menace. On the Sabine, the Spanish forces had advanced to the eastern side of that stream, when General Wilkinson, with his troops, was ordered to repel them. While the troops are left on the Mexican frontier, the movements of Colonel Burr, which sub- sequently had such an influence on these military measures, will be resumed.
In the summer of 1806, this gentleman, whose rapid and
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mysterious changes of place seemed like the agitations of some evil spirit, ill at peace with itself, again appeared in the western country. His head quarters seem to have been the ill fated mansion of Mr. Blannerhassett, on the island bearing his name, in the Ohio river. Rumours of desperate schemes and mad enterprises increased rapidly upon one another. Boats were known to be building in the States of Kentucky and Ohio in considerable numbers; provisions were contracted for; and numbers of the young and the ardent, with some of graver character, were engaged in some military expedition, whose character could not be precisely ascertained. Many asserted that the expedition was against Mexico, and was undertaken with the connivance, if not with the concurrence of the Presi- dent of the United States .* Artifices to produce this impres sion were afterwards known to have been employed, to inveigle those whose principles could not otherwise be overpowered. The difficulties of the United States with Spain confirmed the above representations. These various kinds of proof were communicated by Joseph H. Daviess, the distinguished attorney for the United States, to the President, early in January of this year. They were necessarily limited, at that time, to general probabilities and presumptions; and the President desired fur- ther particulars, and the names of the persons concerned in the unlawful enterprise.
It, indeed, seems, that it was not until the communications of Burr, through Samuel Swartwout, to Wilkinson, in his camp at Natchitoches, and forwarded to President Jefferson; that the latter had exact intelligence of the plan, or the parties. This letter was dated at Philadelphia, on the 29th of July, 1806; but was not delivered, (owing to Wilkinson's rapid change of move- ments from St. Louis to Natchitoches, where the messenger followed him,) until the 8th of the ensuing October. Still the letter was couched in such mystified and obscure language, as to bear no precise interpretation, without the verbal explana- tions of the bearer, to which Wilkinson was referred. It an- nounced the enterprise in these dark terms: "I (Aaron Burr)
· Jefferson's Correspondence.
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have obtained funds, and have actually commenced the enter- prise. Detachments from different points, under different pre- tences, will rendezvous on Ohio, Ist November-every thing, internal and external, favors views: protection of England is secured: T. (meaning the gallant and faithful Truxton,) is going to Jamaica, to arrange with the admiral on that station; it will meet on the Miss .- England .- Navy of the U. S. are ready to join, and final orders are given to my friends and fol- lowers: it will be a host of choice spirits. Wilkinson shall be second to Burr only: Wilkinson shall dictate the rank and pro- motion of his officers-Burr will proceed westward Ist August, never to return." In another part of the letter he writes :- "Already are orders to the contractors given, to forward six months' provisions to points Wilkinson may name: this shall not be used until the last moment, and then under proper injunctions: the project is brought to the point so long desired. Burr guaranties the result with his life and honor, with the lives, the honor, the fortunes of hundreds, the best blood of our country. Burr's plan of operations is, to move down rapidly from the Falls on the 15th November, with the first 500 or 1,000 men, in light boats, now constructing for that purpose, to be at Natchez between the 5th and 15th December; there to meet Wilkinson; there to determine whether it will be expe- dient in the first instance to seize on Baton Rouge!"* This letter contains the most explicit details from Burr himself, in writing, destitute, as it no doubt purposely was left, of clear meaning, independent of other circumstances. To General Eaton, however, in the winter of 1805-6, "Aaron Burr signi- fied that he was organizing a military expedition, to be moved against the Spanish provinces on the southwestern frontiers of the United States."t This was represented to be "under the authority of the general government." In additional conversa- tions, he "laid open his project of revolutionizing the territory west of the Alleghaney, and establishing an independent empire there: New Orleans to be the capital, and he himself to be the chief: organizing a military force on the waters of the Missis-
+ Wilkinson's Memoirs, 2 voi., p. 216. { Burr's Trial, p. 474.
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sippi, and carrying conquest to Mexico." Other projects of revolutionizing the eastern states, and overthrowing the popular government, were likewise communicated; but they appear to be so extravagant, as to imply a state of mind little short of insanity. Well might Mr. Jefferson tell General Eaton, when he communicated a project " of an insurrection, if not a revolu- tion, on the waters of the Mississippi," that "he had too much confidence in the information, the integrity, and attachment to the Union, of the citizens of that country, to admit any appre- hensions of that kind." When the mind soberly reflects on the intrinsic impracticability of such a scheme; the utter absurdity of supposing that the solid sense, the high spirit, and devoted- ness to liberty in the western country generally, or indeed in any other portion of this noble republic, could be base and degraded enough to enslave themselves, to a discarded public officer, like Aaron Burr, with all his mystery and intrigue; it seems too palpably absurd for admission into any sound mind. These projects were enlarged upon in the oral conferences between Mr. Swartwout and General Wilkinson, so as to repre- sent that "Colonel Burr, with the support of a powerful asso- ciation extending from New York to New Orleans, was levying an armed body of 7,000 men from the state of New York and the western states and territories, with a view to carry an expe- dition to the Mexican territories."
Moreover this emissary stated to General Wilkinson on enquiry, that this territory, (meaning it is to be presumed the territory of Louisiana, where Swartwout then was,) would be revolutionized, where the people were ready to join; and that there would be some seizing, he supposed, at New Orleans."
Anterior to these developments, Burr as has been inti- mated, had returned to Kentucky in August, 1806. Here he effected the negotiation of bills of exchange, to the amount of 825,000, through the Kentucky insurance company; these notes were afterwards known to have been paid for tavern expenses at Washington city, by some of the associates of Burr, after the explosion of the scheme.
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Colonel Daviess, after having made the most laudable exer- tions to penetrate the mystery of Burr's plans, even by go- ing to St. Louis,* where Wilkinson was Governor, to scru- tinize the movements of the General; obtaining no instruc- tions from the Executive, on the meeting of the District court of the United States, in November, 1806, made oath, "that he was informed, and did verily believe, that Aaron Burr for several months past hath been, and now is engaged, in preparing and setting on foot, and in providing and preparing the means for a military expedition and enterprise within this district, for the purpose of descending the Ohio and Mississippi there- with; and making war upon the subjects of the king of Spain." After having read this affidavit, the attorney added, "I have information, on which I can rely, that all the western ter- ritories are the next object of the scheme-and finally all the region of the Ohio, is calculated, as falling into the vor- tex of the newly proposed revolution."
The motion for process against Burr, was however over- ruled, as "unprecedented and illegal;" yet the daring intriguer hearing of the intended prosecution, had the politic auda- city to present himself before the court, "and demand an investigation of his conduct, for which," as he said, "he was always ready, and therefore had attended." The attorney replied to this counterfeit of innocence, that he only wanted his witnesses to be ready for trial; which, after conversing with the marshall, he said, might be on Wednesday, the 11th of November. This day was then appointed for the meeting of a grand jury, and officers were despatched with subpænas to different parts of Kentucky, as well as of Indiana.
On the assembly of the court. upon the stated day, amidst the most intense excitement, produced by the serious mag- nitude of the charge, and the former dignity of the accu- sed; it was found, that a material witness, Davis Floyd, was absent, attending a meeting of the Indiana legislature, of
. Complen with this attempt of Colony Davies, a pretended resignation of the 1st for was designedly published at Louisville, in order to decay Wilkinson into more confidence; but the artifice was met by Wilkinson, showing Davies a letter from Kentucky, which dischord the whole ruse de guerre. Wilkinson treated Daviess in his usual winning manner, gave him every information in his power, and er- tender every attention to ins distinguished visitor.
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which he was a member. Upon this, the court discharged the grand jury. Immediately afterwards, Burr, accompanied by his counsel, Mr. Henry Clay and Mr. John Allen, came into court, and on learning the dismission of the jury, gravely asked the reason, and expressed his regret at the step. On being informed of the cause which had led to this result, he desired that the cause of the postponement should be en- tered of record; and also the reason of the non-attendance of Mr. Floyd. This was done with the consent of Colonel Daviess. The arch conspirator then addressed the people through the court by saying, that,* "the good people of Ken- tucky might, and he hoped they would, dismiss their fears for the present; that in fact there was no ground for them, whatever efforts had been made to excite them; that he had un- derstood some bad been made to apprehend that he was pur- suing means inimical to their peace-but they were misin- formed, as they would find, if Mr. Attorney should ever get ready, and open his investigation-that in the mean time, they would be in no manner of danger from him; that he had to act on the defensive only; that he should expect an- other attack, and hold himself ready for it."
After the information that is now possessed, and which has been narrated out of the chronological order in which is was known, could professional impudence have been car- ried to a higher climax? During these proceedings, the con- duct of this adroit and most insinuating man, is represented to have been "grave, polite and dignified." It required some- thing of Roman sternness to withstand the blandishments of the winning and fascinating address of this extraordinary character. Those who saw him presiding in the Senate of the United States, and most particularly during the embar- rassing trial of judge Chase, may estimate the graceful dig- nity, the polished decision and the silent firmness, which so strikingly characterized this modern Cataline.
Yet there was more than one man, beside the fearless Daviess, who had the firmness amidst the general delusion,
· Maraball, vol. 2, p. 397.
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to turn a deaf ear to the syren song of peace and of farming, which was so artfully sung by Colonel Burr. It was John Rowan, then acting as Secretary of State for Kentucky, and a member of Congress elect. He, at the desire of Mr. Burr, was asked to engage in his second defence, in conjunction with Mr. Clay. Mr. Rowan objected to it, on account of his late congressional election, which bound him as he thought, not to engage in a controversy, possibly involving fidelity to the general government. Mr. Clay, who had now also been elected a member of Congress, on reflection, concur- red in this opinion; and asked the advice of Mr. J. Rowan. The latter candidly concurred with Mr. Clay, in the impro- priety of retiring from his professional engagement, at the existing stage; and suggested the expediency of requiring from Colonel Burr, a declaration upon his honor, that he was engaged in no schemes hostile to the peace or union of the country. The pledge was manfully required, and as treacherously and dishonorably given.
The reply of Mr. Burr, dated December 1st, was,* "I have no design, nor have I taken any measure to promote a disso- lution 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, nor of its territories, or any part of them. I have neither issued, nor signed, nor promised a commission to any per- son, for any purpose. I do not own a musket, nor bayonet, nor any single article of military stores, nor does any person for me, by my authority, or my knowledge. My views have been explained to, and approved by, several of the princi- pal officers of government, and, I believe are well under- stood by the administration, and seen by it with compla- cency; they are such as every man of honor and every good citizen must approve. Considering the high station you now fill in our national councils, I have thought these ex-
* Prentice's Biography of H. Clay, p. 33
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planations proper, as well to counteract the chimerical tales, which malevolent persons have industriously circulated, as to satisfy you that you have not espoused the cause of a man in any way unfriendly to the laws, the government or the interests of his country."
Perfidious as these assurances were, they sheltered Mr. Clay from all animadversion on his professional defence of Burr. On a subsequent occasion, Mr. Rowan had an interview with Colonel Burr, when the latter attempting to remove some objections which were understood to be felt by the former to engaging in his defence, Mr. Rowan arrested this strain of remark, by observing, that "he had been taught from early childhood not to reason on subjects which his feelings in the first instance condemned."
Still, for a time, was guilt, dressed in the trappings of former dignity, destined to triumph over the zeal of Daviess, which might well have been more openly imitated by the President of the United States and the Governor of Kentucky. Obscure as the testimony might be, the warning of a proclamation did not require the most precise intelligence; and yet its solemn voice might have arrested the timid, confirmed the wavering, and animated the good citizen. To show how strong the reaction of public sympathy was, owing to the failure of these prema- ture, though patriotic attempts to punish the guilty, the follow- ing paragraph is selected from the Palladium, the official paper of that day: "Colonel Burr, throughout this business, has evinced an earnest desire for a full and speedy investigation; free from irritation or emotion; he excited the strongest sensa- tion of respect and friendship in the breast of every person present." On the 2d of December, another grand jury was assembled, by order of the District judge, at the instance of the attorney for the United States. Indictments were laid before it against John Adair and Aaron Burr, for instituting unlawful expeditions against the dominions of the King of Spain; but the jury, "having carefully examined and scrutinized all the testi- mony which has come before them," said, "there has been" none "which does in the smallest degree criminate either of
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the above persons; nor can we, from all the enquiries and investigations on the subject, discover that any thing improper, or injurious to the interest of the government of the United States, or contrary to the laws thereof, is designed or contem- plated by either of them."
This decision of the grand jury was received by a burst of applause from the spectators; so intense was the popular sym- pathy for Barr. Thus did the wily arts of this consummate intriguer hoodwink, not only confiding friends, but the judicial tribunals of the country; and convert what should have been the instruments of his detection and punishment, into trumpets of praise and vehicles of confidence, in his treachery and in his treason.
A public ball was given in honor of Burr's triumph; which provoked another in honor of the Union and Colonel Daviess, for the consolation of the intrepid officer.
While this judicial farce was acting at Frankfort, and that unavoidably too, after submitting the indictments to the jury, the President's proclamation had been issued, and was on the road; to arouse the people of the western country from the stupor produced by the Machiavelian arts of the consummate deceiver. On the 27th of November, the proclamation was published; and on the 18th of December was known at Frank- fort. On the 2d of the same month, Governor Tiffin, of Ohio, at the suggestion of Mr. Graham, (a gentleman deputed by the President of the United States to investigate this desperate conspiracy, and bring its agents to punishment,) submitted the subject to the legislature of that enterprising State. This body, with most patriotic promptitude, passed an act arming the government with powers adequate to the emergency. They were energetically put into execution; and a flotilla of ten boats, loaded with provisions, was seized and secured in the Muskingum river. On the 16th, the persevering Daviess, foiled as he had been in all his legal efforts to arrest this con- spiracy, still not despairing in his patriotic course, wrote the Governor from Louisville, communicating the passage at that place of Blannerhassett, with eight flat boats and three keel 2 D *
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boats, having some boxes of arms and ammunition on board, and some men. On the confidential communication of this letter, the legislature resolved that the Governor "be, and he is hereby requested to use, with all possible expedition, the means within his power to execute the duties required by the proclamation of the President of the United States, bearing date the 27th November last." A similar application of the presidential agent, to the legislature of Kentucky, procured an extraordinary act to "prevent unlawful enterprises," on the 23d December. Under this law, measures were immediately taken to order out portions of the militia; but before they assembled at their posts, all the boats of Colonel Burr, not intercepted by the authorities of the State of Ohio, effected their passage to the mouth of Cumberland. There the guilty spirits, disconcerted by the late, but unexpected vigor of the state governments, assembled with Colonel Burr, to brood over their blasted hopes of aggrandizement, on the ruins of their country.
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