USA > Kentucky > A history of the commonwealth of Kentucky > Part 30
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"On the 22d of December, Burr descended the Cumberland river, from Nashville, with two boats of accommodation merely." On reaching Bayou Pierre, in the Mississippi terri- tory, he surrendered himself to the civil authority.
After this, he attempted to fice into Florida; but on being intercepted by the military force, he was conveyed to Rich- mond, Virginia, on the 26th of March, 1807. Legal difficulties, arising from his absence at the military musters on Blanner- hassett's island, shielded this high offender from the justice of the law of treason. But nothing could shield him from the withering blast of public indignation. Burr no longer lives the erect and fiery spirit, whom fine endowments and full cultiva- tion had enabled to cope with Hamilton at his heyday. He rather walks the earth, a guilty thing, too ignoble for manly notice.
My young countrymen, when false and perverted ambition, when disappointments in public favor tempt you to wander from the paths of honor and devotion to your noble country, may you turn to the fate of Arnold and of Burr; and bless
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your God for the warning voice of their scowling examples. May they ever be viewed by the virtuous youth of our country, as beacons on the quicksands and rocks of political navigation, warning off the honest sailor.
Still there is a magnanimity in the heroic silence of Colonel Burr, amidst a host of revilers, which commands respect from those who detest his perverted ambition. He has had the severe trial of anticipating posterity, and of reading his "bad notoriety" in a nation's eyes. Yet while Colonel Burr bas been lashed with worse than furies' whips of scorpions, through the land, and coupled, in the public mind, with the vilest of traitors; he has reviled not again; he has retaliated on nobody; no man can say of Colonel Burr, under the most trying scenes of life, and the agonies of a proud mind, he has betrayed the confidence reposed in him. He has preserved an unbroken silence for seven and twenty years; and whatever shall be his future disclosures; for the purpose of gratifying his personal feelings, they will as well have descended to the tomb with their author. Not that Colonel Burr may be inditfe- rent to the award of history; while her present verdict, amidst the conflicting passions and excited feelings of the times, he has so stoically supported. To the admirers of the vulgar greatness displayed by military ascendency; it may be observed, that Colonel Burr is, at the worst, only what Cæsar and Cromwell might have been, under less auspicious fortunes. And those, whose principles can be so easily dazzled by the guilty splendor of success, as to see no criminality in its tri- umphs; may well extend a compassionate feeling for the unsuccessful aspirations of Colonel Burr after their favorite species of merit. No superiority of principle supports the fame of the first Cæsar, or the English Protector, that does not extend itself to Napoleon at St. Helena, or Aaron Burr* as a counsellor in the city of New York.
* A belief in the connection of General Wilkinson with Aaron Burr still a.theres to the minds of many ; they regard the latter as a traitor in a double sense,-first, to his country, and secondly, to his friend. Vet on this confessedly conjecturat matter, it may he well to mention, in addition to the prompt and decisive measures which Wilkinson "ook to defeat the conspiracy; the slight and uncondding manner Burr employed in speaking about Wilkinson.
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The objects of this mad enterprise might have succeeded in the restless, distempered masses of some European countries; but they were utterly desperate amid the steady attachment of a people for a government of their own choice and work- manship; and for their own protection.
The results of this conspiracy, with all the artful boastings of Burr, never amounted to more than from one, to four hundred persons. They finely illustrate the beautiful remark of Mr. Jefferson, that this is "the strongest government on earth"; "the only one where every man, at the command of the law, will repair to the standard of the law, as his own personal con- cern."
After the time which has elapsed since this audacious con- spiracy, nothing further has transpired to determine whether its object was to dissever the Union, or to attack the Spanish provinces and plunder New-Orleans, as a means of executing either. Desperate and piratical as the whole scheme was, under either aspect, it may well be concluded; that the project of aggrandizement which promised most plunder, would have been most readily pursued. If the rich galleon, loaded with a nation's treasures, should have been too manfully guarded to justify attack, then the humble shallop would not have been too low for their rapacity.
The year 1806 was still fruitful in conspiracies and their developments. It was during the session of the legislature in 1806, that, on motion of Mr. M'Kee, and then of Mr John Pope, an inquiry was ordered into the conduct of judge
Although the former may have counted upon winning over Wilkinson to his schemes; yet to Gov. Harrison he spoke severely of Wilkinson's neprudence of falk, and incavarity to keep a acict. The Governor repetled all confidence, by expressing his belief in Colonel Burr's integrity and patriotism, as too high to adimit of the truth of the suspicions afloat about his intenuona.
At a subsequent perunt, Captain Wescott, a relation and emissary of Colonel Burr, was sent to make proposals; which Harrison aomin repellent, by declaring, that if Burr's schemes were Humiral to the government of the United States, he would exert his utmost endeavors to have him hunx It has been suggested, that iesa mystery, and avoiding all military preparation. would have been more polite. Find Bure assembled his follow- ery somewhere on the Mexican frontiers, even on the scene of his own suggestion-the Washita, a position might have been secured, from which he might have assailed either New Orleans, or the spanish provinces, was fatal freddy. Once lodged in these weak and variable regions. Bare "might have played conqueror or Jacobin, or roth, as might have best suited his purpose." Certainly a Spanish campaign would have attracted many of "the choire spirits above the dull pursuits of civil life ." and if Burr might not have anticipated Iturbide, the late Emperor of Mexico, in our own times ; he would have, in all probability, effected the establishment of a military colony in our neighborhood.
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Sebastian. The resolution of inquiry was in the following words: "whereas, this House has been informed and given to understand that, Benjamin Sebastian, one of the judges of the court of Appeals of this Commonwealth, has been, during his continuance in office, a pensioner of the Spanish government. Wherefore, resolved, that a committee be appointed to inquire into the facts, and such other facts relating thereto, as may be deemed proper for investigation." A committee was accor- dingly appointed with full power "to send for persons, papers and records for their information." The disclosures produced by this committee established the disgraceful fact, that judge Sebastian, while a high judicial officer of Kentucky, had been for years in the receipt of a pension from the court of Spain of two thousand dollars a year. This amount had been received for him by Mr. Thomas Bulllitt, of Louisville, in 1801 and 1802: and a draft for the "pension," on the Spanish Governor of New Orleans, had been found by Mr. Charles Wilkins, in the papers of John A. Sitz, deceased, of Natchez. In the course of this inves- tigation, judge Innes was summoned before the committee, and detailed of his own honorable frankness, the successive visits of Thomas Power, as the agent of the Baron De Carondelet, the governor of Louisiana, in 1795, and again in 1797; to nego- tiate for commercial privileges, and finally for forcible separa- tion from the rest of the confederacy, with Messrs. Sebastian, Innes, Nicholas and Murray. On this evidence the previous statement of the Spanish conspiracy has been mainly founded. The conclusion of the committee was, that Judge Sebastian had been guilty as charged, and his conduct in doing so was "subver- sive of every duty he owed to the constituted authorities of our country, and highly derogatory to the character of Ken- tucky." This report was unanimously agreed to by the House. The judge having resigned, no further measures were taken.
The testimony in regard to judge Sebastian having fixed on him the odious charges of bribery and foreign pension, though confined to him alone, and though the offer of two hundred thousand dollars had been rejected by his high-minded asso
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ciates, Innes and Nicholas, yet it fastened an obloquy upon the latter gentleman, which in this instance he did not deserve, and which distressed him through the remainder of his life.
The memory of Innes and Nicholas is free from all suspi- cion of being tainted with foreign money; however, party feeling in times of high excitement, may have misled them in concealing from their own government those tamperings of a for- eign one Apprehensions of political consequences to Kentucky, should not, it is admitted, for a moment have been allowed to interfere with their direct duty, as citizens, and one, as an officer of the United States,
But it is only fair to let these distinguished and faithful public men speak for themselves. Their services, and those of judge Innes, so particularly laborious and devoted to his country, may well be allowed to extenuate a theoretical fault, which worked no practical mischief. "The reasons," says judge · Innes, "why himself and Colonel Nicholas did not communicate the subject to the Executive of the United States, were these: Ist, it was known that neither of us approved of Mr. Adams' administration, and that we believed he kept a watchful eye over our actions; that the communication must depend upon his opinion of our veracity; and it would have the appear- ance of courting his favor; 2dly, that we both had reason, and did believe that the then administration were disposed, upon the slightest pretext, to send an army to this State, which we considered would be a grievance upon the people, and therefore declined making any communication on the subject, as we apprehended no danger from the Spanish government"*
At this session, the dissatisfaction of the country with the court of Appeals, led to the introduction of a resolution into the House of Representatives, expressive of the fact. This par- ticularly reflected on the age of George Muter, the venerable chief justice, and offered a compensation for his retirement. The terms of the resolution, affected the feelings of the old gentleman so much, that he requested their withdrawal, and intimated his determinatian to resign. The withdrawal was
. Journal of 1806-7.
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made, and the high-minded and generous old man fulfilled his intimation, in a letter addressed to the Governor, December 9th, 1806. This resignation was followed by the appointment of Thomas Todd to the chief justiceship.
Nor can this signal instance of patriotic devotion be recorded, without paying a tribute of public gratitude to the disinterested sense of duty in an aged officer; thus in poverty resigning incontestable claims on the public treasury, and throwing him- self on the justice of his country, when he was worn out in her service.
In February, 1807, Kentucky, at the instance of Henry Clay, then in the Senate of the United States, was erected. with the states of Ohio and Tennessee, into a seventh circuit, to be presided over by an additional judge of the Supreme court of the United States, whose office was created for that purpose. To this high judicial situation, Thomas Todd was appointed, who had recently been elected to the chief justice- ship of Kentucky, and who had been the soul of business in the conventions and the House of Representatives of Kentucky, for twenty years.
In relation to the appointment of this old and faithful servant of Kentucky, there is this honorable fact, he received the office without any solicitation, on his part. When shall these golden times of the republic return, and the freemen of the United States again wait for offices to seek them, as the most fitting servants of the public, instead of seeking the offices, as so much private property. To test the public sentiment of the west, President Jefferson required the members from all the three western States, to make a recommendation of a suitable character to fill this high office, separately from each other, and likewise, to communicate their second choice. On the lists of each, Judge Todd was either first or second; a proud criterion of high estimation.
At this session of the legislature, resolutions were introduced by Mr. H. Marshall, violently condemning the conduct of judge Innes, in the conferences with Sebastian and Power, and recom- mending an inquiry "to be instituted into it by the constituted
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authorities;" "to which he may answer, and on which judgment may be pronounced." These resolutions produced a letter to the Speaker, from judge Innes, "informing the House that he had, during the last session of Congress, written to several members of that body, requesting through them, that an inquiry might be made into his conduct. From this, however, they dissuaded me, because in their judgment, there was no suffi- cient ground to justify, or authorize such an inquiry. Con- scious, however, of my own innocence of any criminal intention or acts, and that in spite of all the malevolence of my enemies, upon a free examination, my life would only manifest errors of the head, and not of the heart; nothing is more desired by me than an investigation into my conduct, governed by temper, moderation and justice. The result of which investigation (to which I would invite your honorable body) will be as honorable to me, as mortifying to those who prosecuted me." After several days' discussion, Mr. Clay moved a substitute for the resolutions of Mr. Marshall in the following words: "Whereas the General Assembly did, at their last session, order transcripts of the evidence taken before the committee appointed to examine into the conduct of Benjamin Sebastian, to be transmitted to the President of the United States, and to the senators and repre- sentatives from this State, in Congress; and as the present as- sembly has entire confidence in the general administration, and in the Congress of the United States, among whose duties, is that of arraigning the public officer, or private citizen, who may have violared the constitution, or the laws of the Union; and whereas the legitimate objects, which call for the attention of this legislature, are themselves sufficiently important to require the exercise of all their wisdom and time, without engaging in pursuit of others, thereby consuming the public treasure, and the time of the representatives of the people, in investigating subjects not strictly within the sphere of their duty; and inas- much as the expression of an opinion by the general assembly, upon the guilt or innocence of Harry Innes, Esq., in relation to certain charges made against him, would be a prejudication of his case-if in one way, would fix an indelible stigma upon the
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‹ character of the judge, without the forms of trial, or judicial : proceeding, and if' in the other, might embarrass and prevent a free and full investigation into those charges: Wherefore,
"Resolved by the General Assembly, That it is improper in them to prescribe to Congress any course to be taken by that body, in relation to the said charges, or to indicate any opinion upon their truth or falsehood.
"Resolved, That the constitution and laws of the land, secu- ring to each citizen, whether in or out of office, a fair and im- partial trial, whether by impeachment or at common law, the example of a legislative body, before the commencement of any prosecution, expressing an opinion upon the guilt or inno- cence of an implicated individual, would tend to subvert the fundamental principles of justice."
This substitute, temperate and just as it appears to be, re- spectful to the sacred rights of every private citizen, to enjoy an impartial trial without the denunciation of influential bodies of men in office, was negatived. The resolutions of Mr. Mar- : shall, deprived of their severely criminatory character, by an amendment of Mr. Blackburn, were then adopted by the House, and concurred in by the Senate. They were as follows:
"Inasmuch as it has been deemed expedient to express the public opinion on subjects of general concern, as the means of union among members of the same community, or as indica- tions of the public will, serving as guides to public servants in · their official conduct, and whereas from representations made to the General Assembly by the introduction of a resolution, and upon the application of Harry Innes, Esq., by letter directed to the Speaker of the House of Representatives, and by him laid before that House, praying an examination into the charges ex- hibited against him in said resolution, and from evidence to them exhibited, it appears that the said Harry Innes, Esq., while sole judge of the federal court for the Kentucky district, had knowledge of various intrigues, and secret negotiations having been at different times carried on by the agents and emissaries of a foreign government with citizens of this State, hostile to the peace and tranquillity of the Union; particularly in the case
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of the Baron de Carondelet, and in the case of Thomas Power, agents and emissaries of the king of Spain: and the said Harry Innes, Esq., possessing a complete knowledge of propositions having been made to himself and others, citizens of the western country, by the said Carondelet and Power, which had for their object the dismemberment of the Union; and having failed to communicate to the federal executive, or to take any measures of prevention, as by the duties of his office he was bound to do; and the conduct of the said Harry Innes, Esq., in this particular having been such as to excite great public discontent, and a suspicion that he participated in the intrigues and secret nego- tiations aforesaid :
"The legislature deem those circumstances in the conduct of the said Harry Innes, Esq., as furnishing an occasion of suffi- cient magnitude to interest the attention of the representatives of the people of Kentucky, and to call forth the expression of their opinion. Therefore,
"Resolred by the Senate and House of Representatives, That the conduct of the said Harry Innes, Esq., relative to the secret negotiations of the said Carondelet and Power, ought to be in- quired into by the constituted authorities of the United States.
"Also resolved, That the Governor of this State be requested to transmit a copy of the foregoing resolutions to each of the representatives of this State in the Congress of the United States."
These resolutions were transmitted as desired by the legis- lature, and committed to a select committee in the House of Re- presentatives of the United States, upon which, after a report of a committee by their chairman, Mr. John Rowan, nothing was done .*
If facts were necessary to be stated, after the transcripts of evidence, which had been already ordered to be communicated; constructions of those facts, and inferences of motives from them, by public bodies, cannot be too much reprehended. It would be throwing the weight of government, worse than the
* See Appendix.
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sword of Brennus, into the scales of justice, against private citizens.
The year 1808 brought along with it a change in the presi- dency. The great Jefferson, who had generally, with pre-emi- nent success, administered the affairs of the country; after serving two presidencies, abiding by the example of his first and illustrious predecessor, declined a re-election. Thus, it is to be hoped, limiting by the prescription of example, too sacred to be departed from; a limitation on the duration of this office, which is almost too powerful for the safety of the public liberties.
Mr. Madison succeeded President Jefferson in March, 1808: of all our statesmen, the most generally admired for the virtues and the chastity of his public character. With August, 1808, Governor Greenup's administration terminated, and Col. John Allen, of most amiable character and as eminent abilities, en- tered the canvass for the gubernatorial office, with Gen. Charles Scott. But the people of Kentucky have been too military a people themselves, and there are of course too many soldiers amongst them, not to feel an irresistible passion for those, who participated with them in the dangers of the "tented field." Accordingly a hero of the revolution, and a leader of various efficient expeditions against the Indian enemy, received a ma- jority of votes, greater than all the votes given to his antagonist. On his election, he appointed Jesse Bledsoe Secretary of State, a gentleman highly distinguished at the bar, and in the legisla- tive assemblies of his country. During this year our exaspera- ting difficulties with Great Britain, and particularly the stinging insult to the Chesapeake frigate, induced a call upon the militia of the United States. The quota of Kentucky was five thou- sand and five.
These circumstances were noticed in the Governor's commu- nication to the legislature, in the following terms. "The wan- ton and continued violation of our plainest rights by both Great Britain and France, who appear determined to sacrifice them alternately, as convenience or resentment, in their mutual and destructive conflicts for empire may suggest, seems to leave us
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but one alternative, to submit to be the passive instruments of " their pleasure, at the expense of all we hold dear, or to make that resistance, which the God of nature has put into our power. . On our own soil, if we are united and vigilant, we have nothing to fear." In regard to the operation of these foreign difficulties on our domestic interests, the Governor likewise remarks, that "it will also be with you, gentlemen, to say whether, from the" present posture of our public affairs, and the "afflicting privations experienced by all, in consequence of the necessary restraints imposed by the embargo; it will not be just nor politic to give debtors some respite by prolonging the time of replevy, or otherwise, in the recovery of debts due from them. From infor- mation this has been done in some of our sister States. It is a great impediment to legislative indulgence of this kind, that creditors, who may be delayed by such provisions, may also be debtors, and subject under the now existing laws, to be coerced for payment, while their means are thus withheld. For it is not presumable that any law on this subject can be made to act retrospectively."
In the course of the session, resolutions approbatory of the late administration of the general government, and especially of its policy with foreign powers, and the adoption of the em- bargo were offered by Mr. Scroggin; on discussion, an amend- ment was proposed by Mr. Clay. This produced a motion to strike out the matter offered by Mr. Clay, and insert the following :
"3d. That the United States of America have for several years experienced from the governments of Great Britain and of France, repeated usurpations on their sovereignty and inde- pendeuc ... and manifold injuries to their rights of navigation and commerce; and that, having, in the spirit of amicable negotiation, employed in vain and exhausted the means of friendly adjustment, without obtaining from either of those governments the reparations due to their just claims for past injury, imposing in the mean time on themselves a rigorous embargo, the better to avoid new causes of irritation and of conflict, it now remains only, for these States, to continue this .
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self-immolating restriction on their rights, submit their com- merce and navigation, unarmed to the insults and depredations of the unfriendly belligerents, or authorizing the armament of merchant ships and their convoys, and disclaiming all inter- course with the aforesaid belligerents, so long as they continue their unjust decrees, orders, or aggressions, assert their national independence, with the spirit of freemen, in the practical exer- cise of their undoubted rights of navigation and commerce. In this choice of difficulties, difficulties insuperable to the eye of despondence and to the heart of timidity, there is one course open to honor and to patriotism; it is worthy the American character, it is suitable to the rights and to the dignity of a sovereign and independent nation : it is, to resume the practical exercise of those just rights of navigation and of commerce, which have been suspended, to the universal distress of the nation, and to defend them with all the energies of a people determined to be free and independent.
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