Collins historical sketches of Kentucky. History of Kentucky: Vol. I, Part 64

Author: Collins, Lewis, 1797-1870. cn; Collins, Richard H., 1824-1889. cn
Publication date: 1874
Publisher: Covington, Ky., Collins & Co.
Number of Pages: 1452

USA > Kentucky > Collins historical sketches of Kentucky. History of Kentucky: Vol. I > Part 64

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At length a paper entitled the " Western World," published in Frankfort, by Wood & Street, came out with a series of articles, in which the old intrigue of Sebastian with Power, and the pre- sent project of Burr, were blended, in a somewhat confused man- ner, and some round assertions of facts were made, and some names implicated which created no small sensation. Sebastian, then a judge of the supreme court, was boldly asserted to be an intriguer with Spain, and a pensioner of the Spanish crown. Innes, then a judge of the federal court ; Brown, a senator in Con- gress from Kentucky ; Wilkinson, a general in the regular army, were all implicated. Burr was plainly denounced as a traitor, and the whole of his scheme was unfolded. There was a mix- ture of truth and error in these articles, which no one was then able to separate, and the public mind was completely bewil- dered at the number of atrocious plots which were exposed, and at the great names implicated. The friends of some of the par- ties violently resented the articles, and pistols and dirks were re- sorted to, to silence the accusation. But the paper sturdily ad- hered to its charges, and an address was prepared and published, to the legislature elected in 1806, praying an inquiry into the conduct of Sebastian, which was circulated among the people for signatures, and was signed by a great number, particularly in the county of Woodford.

In the meantime Colonel Joseph Hamilton Daveiss, the attor- ney for the United States, appeared in open court, before Judge Innes on the 3d of November, and moved for process to compel the attendance of Burr, before the court, to answer to a charge of a high misdemeanor, in organizing a military expedition against a friendly power, from within the territory and jurisdic- tion of the United States. This motion was grounded upon the oath of the attorney, setting forth with great accuracy the prepa- rations then being made by Burr, and imputing to him designs which subsequent events proved to have been well understood by the attorney. This startling affidavit created immense sen- sation at the time. Burr was then popular in Kentucky, and was caressed and countenanced by her most eminent citizens. Da- veiss was greatly admired, for those splendid powers of eloquence which he possessed, in a degree rarely if ever surpassed, but la- bored under the odium of being an incurable federalist, and equally bold and eloquent in expressing his opinions. Nine- tenths of the public at the time, were startled at the boldness of the accusation, and seem to have attributed it to the well known hatred of the federalists to Colonel Burr. Be the cause, how- ever, what it might, the public feeling was strong in favor of Burr, and against the attorney, who was boldly and manfully discharging his duty. Judge Innes took time to consider the ap- plication, and after two days, overruled the motion

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Colonel Burr was in Lexington at the time, and was informed of the motion made by Daveiss, in an incredibly short space of time after it was made. He entered the court-house shortly after Innis had over-ruled the motion, and addressed the judge with a grave and calm dignity of manner, which increased if pos- sible the general prepossession in his favor. He spoke of the late motion as one which had greatly surprised him, insinuated that Daveiss had reason to believe that he was absent, upon business of a private but pressing nature, which it was well known re- quired his immediate attention, that the judge had treated the ap- plication as it deserved, but as it might be renewed by the attor- ney in his absence, he preferred that the judge should entertain the motion now, and he had voluntarily appeared in order to give the gentleman an opportunity of proving his charge. Nowise disconcerted by the lofty tranquillity of Burr's manner, than which nothing could be more imposing, Daveiss promptly ac- cepted the challenge, and declared himself ready to proceed as soon as he could procure the attendance of his witnesses. After consulting with the marshal, Daveiss announced his opinion that his witnesses could attend on the ensuing Wednesday, and with the acquiescence of Burr, that day was fixed upon by the court for the investigation.

Burr awaited the day of trial with an easy tranquillity, which seemed to fear no danger, and on Wednesday the court-house was crowded to suffocation. Daveiss upon counting his wit- nesses, discovered that Davis Floyd, one of the most important, was absent, and with great reluctance, asked a postponement of the case. The judge instantly discharged the grand jury. Colo- nel Burr then appeared at the bar, accompanied by his counsel, Henry Clay and Colonel Allen. The first of these gentlemen had emigrated to Kentucky from Virginia, in 1797, and had early attracted attention by the boldness with which he had advocated a provision in the new constitution for the gradual emancipation of slaves in Kentucky, then as now a subject of great delicacy. He had already given indications of those extraordinary powers of eloquence, and that daring boldness of character, which have since shone out with such surpassing splendor. Allen was a lawyer of character and celebrity, whose early and lamentable death, in the war with Great Britain, we shall have occasion hereafter to notice. Colonel Burr arose in court, expressed his regret that the grand jury had been discharged, and inquired the reason. Colonel Daveiss replied, and added that Floyd was then in Indiana, attending a session of the territorial legislature. Burr calmly desired that the cause of the postponement might be entered upon the record, as well as the reason why Floyd did not attend. He then with great self-possession, and with an air of candor difficult to be resisted, addressed the court and crowded audience, upon the subject of the accusation. His style was without ornament, passion or fervor; but the spell of a great mind, and daring but calm spirit, was felt with singular power

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by all who heard him. He hoped that the good people of Ken tucky would dismiss their apprehensions of danger from him, if any such really existed. There was really no ground for them, however zealously the attorney might strive to awaken them He was engaged in no project, inimical to the peace or tran- quillity of the country, as they would certainly learn, whenever the attorney should be ready, which he greatly apprehended would never be. In the mean time, although private business urgently demanded his presence elsewhere, he felt compelled to give the attorney one more opportunity of proving his charge, and would patiently await another attack.

Upon the 25th of November, Colonel Daveiss informed the court, that Floyd would attend on the 2d December following, and another grand jury was summoned to attend on that day. Colonel Burr came into court, attended by the same counsel as on the former occasion, and coolly awaited the expected attack. Daveiss, with evident chagrin, again announced that he was not ready to proceed, that John Adair had been summoned and was not in attendance, and that his testimony was indispensable to the prosecution. He again asked a postponement of the case, for a few days, and that the grand jury should be kept empannelled until he could compel the attendance of Adair by attachment.

Burr upon the present occasion remained silent, and entirely unmoved by any thing which occurred. Not so his counsel. A most animated and impassioned debate sprung up, intermin- gled with sharp and flashing personalities between Clay and Da- veiss. Never did two more illustrious orators encounter each other in debate. The enormous mass which crowded to suffocation the floor, the galleries, the windows, the plat-form of the judge, remained still and breathless for hours, while these renowned, and immortal champions, stimulated by mutual rivalry and each glowing with the ardent conviction of right, encoun- tered each other in splendid intellectual combat. Clay had the sympathies of the audience on his side, and was the leader of the popular party in Kentucky. Daveiss was a federalist, and was regarded as persecuting an innocent and unfortunate man, from motives of political hate. But he was buoyed up by the full conviction of Burr's guilt, and the delusion of the people on the subject, and the very infatuation which he beheld around him, and the smiling security of the traitor, who sat before him, stirred his great spirit to one of its most brilliant efforts. All, however, was in vain. Judge Innes refused to retain the grand jury, unless somne business was brought before them; and Daveiss, in order to gain time, sent up to them an indictment against John Adair, which was pronounced by the grand jury "not a true bill." The hour being late, Daveiss then moved for an attachment to com- pel the attendance of Adair, which was resisted by Burr's coun- sel, and refused by the court, on the ground that Adair was not in contempt until the day had expired. Upon the motion of Da- veiss the court then adjourned until the ensuing day.

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In the interval, Daveiss had a private interview with the judge, and obtained from him an expression of the opinion that it would be allowable for him as prosecutor to attend the grand jury in their room, and examine the witnesses, in order to explain to them the connexion of the detached particles of evidence, which his intimate acquaintance with the plot would enable him to do, and without which the grand jury would scarcely be able to comprehend their bearing. When the court resumed its sit- ting on the following morning, Daveiss moved to be permitted to attend the grand jury in their room. This was resisted by Burr's counsel as novel and unprecedented, and refused by the court. The grand jury then retired, witnesses were sworn and sent up to them, and on the fifth of the month they returned, as Daveiss had expected " not a true bill." In addition to this, the grand jury returned into court a written declaration, signed by the whole of them, in which from all the evidence before them they completely exonerated Burr from any design inimical to the peace or well being of the country. Colonel Allen instantly moved the court that a copy of the report of the grand jury should be taken and published in the newspapers, which was granted. The po- pular current ran with great strength in his favor, and the United States' attorney for the time was overwhelmed with obloquy.

The acquittal of Burr was celebrated in Frankfort, by a bril- liant ball, numerously attended; which was followed by another ball, given in honor of the baffled attorney, by those friends who believed the charge to be just, and that truth for the time had been baffled by boldness, eloquence, and delusion. At one of these parties the editor of the " Western World," who had boldly sounded the alarm, was violently attacked, with the view of driv- ing him from the ball room, and was rescued with difficulty.

These events are given as striking indications of the tone of public feeling at the time. Before Mr. Clay took any active part as the counsel of Burr, he required of him an explicit disavowal, upon his honor, that he was engaged in no design contrary to the laws and peace of the country. This pledge was promptly given by Burr, in language the most broad, comprehensive and particular. " He had no design," he said, "to intermeddle with, or dis- turb the tranquillity of the United States, nor its territories, nor any part of them. He had neither issued nor signed, nor promised a com- mission, to any person, for any purpose. He did not own a single musket, nor bayonet, nor any single article of military stores, nor did any other person for him, by his authority or knowledge. His views had been explained to several distinguished members of the administra- tion, were well understood and approved by the government. They were such as every man of honor, and every good citizen, must approve. He considered this declaration proper as well to counteract the chimerical tales circulated by the malevolence of his enemies, as to satisfy Mr. Clay, : that he had not become the counsel of a man in any way unfriendly to the laws, the government, or the well being of his country."

Thoroughly to appreciate the daring coolness and effrontery

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of this extraordinary man, as well as the fearful risk, which he faced with such imperturbable self-possession, the reader should understand, what was the real attitude in which he then stood. This declaration was made on the 1st December, 1806, at Frank- fort. On the 29th of July preceding, he had written to Wilkin- son, " I have obtained funds, and have actually commenced the enterprise. Detachments from different points and on different pretences will rendezvous on the Ohio on the 1st November. Every thing internal and external favors views Al- ready are orders given to contractors to forward six months provi- sions to any point Wilkinson may name. The project is brought to the point so long desired. Burr guarantees the result with his life and honor, with the lives, the fortunes, of hundreds-the best blood of the country. Wilkinson shall be second only to Burr. Wilkinson shall dictate the rank of his officers. Burr's plan of operations is to move down rapidly from the Falls by the 15th November, with the first five or ten hundred men, in light boats now constructing, to be at Natchez between the 5th and 15th of December, there to meet Wilkinson, (G there to determine, whether it will be expedient in the first instance, to SEIZE on, or pass by Baton Rouge !! "

Before the date of this letter he had fully unfolded his project to General Eaton, which was to revolutionize the western coun- try, establish an empire, with New Orleans as the capital, and himself the chief. On the 24th July, 1806, General Dayton, one of Burr's firmest adherents, wrote to General Wilkinson in cy- pher, " Are you ready ? Are your numerous associates ready ? Wealth and Glory ! Louisiana and Mexico !! " So much for Burr's intentions. Now for the risk of detection, . which he braved with such undaunted composure.

On the 25th of November, one week before his declaration to Mr. Clay, President Jefferson issued his proclamation, denouncing the enterprise, and warning the west against it. On the 1st of December, a messenger from the President arrived at the seat of government of Ohio, and instantly procured the passage of a law. by which ten of Colonel Burr's boats, laden with provisions and military stores, were seized on the Muskingum, before they could reach the Ohio. At the very moment that he appeared in court, an armed force in his service occupied Blannerhasset's island, and boats laden with provisions and military stores, were commencing their voyage down the river, and passed Louisville, on the 16th of December. Scarcely was the grand jury dis- charged, and the ball which celebrated his acquittal, concluded, when the President's proclamation reached Kentucky, and a law was passed in hot haste, for seizing the boats which had escaped the militia of Ohio, and were then descending the river. Burr had left Frankfort about the 7th, and had gone to Nashville. The conclusion of his enterprise belongs to the history of the United States. But that portion of the drama which was enacted in Kentucky has been detailed with some minuteness, as affording

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a rich and rare example, of cool and calculating impudence, and of truth, loyalty and eloquence most signally baffled and put to shame, by the consummate art and self-possession, of this daring intriguer.

The Kentucky legislature assembled, and the petition for an inquiry into the conduct of Sebastian was presented. A vigorous effort was made to stifle the inquiry, but in vain. The film had fallen from the public eye, and the people were not to be deluded twice, in such rapid succession. The inquiry was sturdily pressed. Sebastian resigned his office, hoping thus to stifle further examination; but the legislature refused to notice his re- signation, and the examination proceeded. Judge Innes was the principal witness, and apparently with great reluctance disclosed what has already been detailed as to the secret intrigue with Power. Other evidence made it evident, that he had enjoyed a pension of two thousand dollars per annum, from Spain, since 1795. The public mind was violently agitated, by the sudden disclosure of these plots and conspiracies, and in the minds of many Judge Innes was deeply implicated .. Being a judge of the federal court, however, the legislature of Kentucky had no authority to investigate his conduct. At the succeeding session, however, it passed a resolution recommending an inquiry into the conduct of the judge, by the Congress of the United States, which was had, and resulted in his acquittal.

The foreign relations of the United States were now becom- ing critical. The attack of the English frigate Leopard, upon the Chesapeake, exasperated the American people almost beyond control, and was nowhere more fiercely resented than in Ken- tucky. Mr. Madison succeeded Mr. Jefferson, in 1808, and Gen- eral Scott was elected governor of Kentucky. The breach be- tween the United States and Great Britain grew daily wider, and Kentucky became deeply engrossed in national politics. Great numbers of resolutions, replete with patriotism, and not a little marked by passion, were adopted by her legislature.

The only act of a purely domestic nature which deserves at- tention, is the charter of the Bank of Kentucky, with a capital of $1,000,000, which was passed at the session of 1807. In the session of 1808-9, the limitation in actions of ejectment, was changed from twenty to seven years, where the defendant actu- ally resided upon the land, and claimed under an adverse entry or patent, and the new limitation was made available in all suits at law, or in equity for the recovery of land. This celebrated act has quieted all litigation upon original conflicting claims, and was introduced by Humphrey Marshall.

No circumstances of domestic interest claim the attention of the historian, in a brief outline like the present, until the war which broke out between the United States and Great Britain in 1812. The general history of that war belongs to the historian of the United States, but no history of Kentucky, however brief and general, can pass unnoticed, those stirring incidents in the

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north-west and south-west, in which Kentucky acted so proni nent a part. The principal causes of the war should also be briefly and generally adverted to. As has been repeatedly stated, the angry feelings occasioned by the war of Independence, were not quieted by the peace of 1783. Mortification and resentment rankled in the breasts of the parties long after the war had ter- minated, and the convulsions of the French revolution so vio- lently agitated the civilized world, that it became very difficult for a nation like the United States to remain undisturbed by the terrible struggle, of which the earth and the ocean were made the theatre.

Being the second maritime power in the world, the United States became the carrier on the ocean, of a large portion of the commerce of Europe. Many English seamen, tempted by the high wages given by American merchants, were employed in our commercial marine; and England claimed and exercised the right of impressing her own seamen wherever they might be found. The enormous navy which she maintained, required to be sup- ported by constant impressment; and under color of seizing her own citizens, she was constantly in the habit of stopping Ameri- can merchantmen, and selecting from the crew such men, as her subordinate officers chose to consider English, Irish or Scotch, and who were, frequently, native American citizens. Redress could seldom be obtained, and never except after interminable delay and vexation. All Americans upon the ocean thus became liable to be seized at the discretion of any British officer, and forced, under the discipline of the lash, to waste their lives in the most unhealthy climates, and in the most degraded stations. This grievance was the subject of protracted and bitter remon- strance, from the administration of Washington to the opening of the war; but Great Britain constantly refused to abandon the right, or rather the exercise of the power. In truth her extraor- dinary efforts by land and sea, called for all the resources of men and money, which could be made available, in any part of the world; and the sixty thousand splendid and unequaled seamen, which manned the American marine, totally unprotected, save by diplomatic remonstrance, afforded too rich a resource to be aban- doned.

To the embittering grievance of impressment, was added in 1806 and 1807, a series of paper blockades, by means of which, not only American seamen, but American merchandize afloat, became subject to seizure and confiscation upon the high seas, under circumstances, which left the American government no choice but to abandon the ocean entirely, or submit to a whole- sale plunder upon the seas, destructive to their prosperity, and intolerable to national pride. By these orders in council the whole French empire, with its allies and dependencies, then embracing nearly all of Europe, were declared in a state of blockade. Any American vessel bound to, or returning from any port in any of these countries, without first stopping at an English port and ob-

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taining a license to prosecute the voyage, was declared a lawful prize. This was in retaliation of Napoleon's Berlin and Milan de- crees, wherein he had declared the British islands, their depen- dencies and allies in a state of blockade, and had rendered every vessel liable to confiscation, which either touched at a British port, or was laden in whole or in part with British produce. This decree, however, was in retaliation of a previous decree, passed by the English government in 1806, whereby the whole imperial coast, from Brest to the Elbe, was declared in a state of blockade.

All these decrees were haughty and high handed violations of national law, which allows of no mere paper blockades, and re- quires the presence of a sufficient force, to render them legal. Between these haughty belligerents, no American vessel could be free from liability to confiscation. If they were bound on a voyage to any European port, they must touch at an English port, and obtain a license, or become a lawful prize to some one of the thousand British cruisers which vexed the ocean. If they touched at an English port, or were laden in whole or in part with British merchandise, they were confiscated by the imperial edict, as soon as they reached a continental port. Both decrees were equally hostile to American commerce; but the English had set the first example, and the practical operation of their orders in council was far more destructive than Napoleon's decree. One thousand American vessels, richly laden, became the prize of the British cruisers; irritating cases of impressment were constantly occurring; the language of American diplomacy became daily more angry and impatient, that of England daily more cold and haughty, and in June, 1812, the American Congress declared war.

By engaging in war, at that time, the United States unavoida- bly became the ally of Napoleon Bonaparte, who at that time governed Europe with a rod of iron, repressing all freedom, and grinding the hearts of the people, by a system of plunder, and violence, which had already begun to react. The federalists, since the days of Washington, had regarded the French revolu- tion with aversion, and looked upon Bonaparte with undisguised horror. The great strength of this party lay in the New Eng- land States, where the strict religious principles of the Old Puri- tans had taken deep root, and where revolutionary France was regarded as a power equally hostile to religion, to freedom and morality. They looked upon the war with deep aversion, and opposed it by all means in their power. Such is the force of passion, that this party, composed perhaps of the great mass of intelligence and property, and embracing a majority of the reli- gious and moral strength of the country, were so far blinded by their hatred to Napoleon, and French principles, as to become al- most insensible to the equally lawless, and intolerable despotism, with which Great Britain scourged the ocean. While it cannot be denied that the love of the democratic party for France, which originally sprung from gratitude, and a love of liberty, was so far blind and perverted, that they heartily sympathised with Napo-

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leon, and rejoiced in his triumphs. Both claimed to be entirely independent and American, yet the affections of the one leaned strongly to England, and those of the other to France.

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Collins historical sketches of Kentucky. History of Kentucky: Vol. I, Part 64

Author: Collins, Lewis, 1797-1870. cn; Collins, Richard H., 1824-1889. cn Publication date: 1874 Publisher: Covington, Ky., Collins & Co. Number of Pages: 1452

Author: Collins, Lewis, 1797-1870. cn; Collins, Richard H., 1824-1889. cn
Publication date: 1874
Publisher: Covington, Ky., Collins & Co.
Number of Pages: 1452