USA > Ohio > History of Ohio; the rise and progress of an American state, Volume Three > Part 18
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Edward Tiffin.
Chillicothe, Dec. 15th, 1806.
The joint resolution against Senator Smith (which was instigated by his enemies without notice to him, and while he was at Cincinnati doing all that he could to intercept Burr's boats) was in the following words:
FACSIMILE OF COMMISSION OF GOVERNOR TIFFIN TO MATHEW NIMMO OF CINCINNATI
Authorizing him to act as the Governor's agent in the military movement against Aaron Burr. From the original in possession of the Ohio State Archaeological and His- torical Society, Columbus.
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THE RISE AND PROGRES
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each omnany in thePRIMIESATe Uni
ITANNIONIS TO OMMINtWaHTAMIOTOWITHITietta, wal ort ni togs e'romevdDontles om of rfid puikiodtud prevent Isrigiro odt moTH ITUa noiSA tenisgs tromsvom vistilim
removed orders. from prestilent But finding thatdmblod ,fofoo& isohors in pm effected, I have ventured, from the necessity of LM tue, to vary in some degree from these instruction and which I hope will meet the approbation of Bewiral goremment and also yours. , I have undert Luf sight. to Manetta, to raise one company lunes.ellecompol of one major, one captain, alors als was commissioned officers, prin Save thought sufficient to the Rodilla and stores already arro il Mo tivo dipatelied an express to Cincinin w moers lo raise two companies as above, As I thought the most force wanted there to malin Lo militia previously ordered out, and to secure Co fort Tyler's flotilla while descending the Ohio, was not already done. I have no doubt that three companies will be instantly under arms, and this hitherto mysterious enterprise frustrated, and intended evil leveled at the peace and tranquilliry the United States, will fall with all its weight
Edward Tiffin.
Chot -the. Dec. 15th, 1806.
The joint resolution against Senator Smith (which was instigated by his enemies without notice to him, and while he was at Cincinnati doing all that he could to intercept Burr's boats) was in the following words:
Edward Juffen bremer in the name and by the authority of the tale of Theo, Je all. all who shall see their presents meeting
know you that we have appointed, and constitution, and do bey there presents constitute and appoint Mathews Nemme Enquire an agent agreally with the provisions of an act of the General A fremfly haped the swell day of december in the year of ane Land one thousand eight hundred and six in tattled an act, At parents center acts hostile to thepeace and tranquillity of the United States &" with full authority to Save his vernant or Warrants , and to call out the power of the State to enforce their due execution and to all other such matters of things as by the provisions of the betere recited a it, he an Agent for the Governor is therely authorized to do,
. In Witney Whereby the said Edward suffer Governo of the said tale of Ohio hath caused the great deal of the said state to be herevents affixed, dane at Chillicothe in the said state the H: day of december in the year of ou Lard One thousand eight hundred six und of the morgondamon maps they Hate the 6th +
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au ry . edward Jugen
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"Whereas, It is the opinion of the General Assembly that in the present interesting crisis it is necessary, that every public officer should be at his post, and that all public functionaries should possess the confidence of their constituents, and
"Whereas, It appears that John Smith, Esq., Senator in the Congress of the United States from this State, has not, from certain considerations to us unknown, attended to the duties of that important office, there- fore,
"Resolved, by the General Assembly of the State of Ohio, That it be, and is hereby recommended to John Smith, Esq., that he resign his seat in the Senate of the United States, unless he proceed immediately to his post, and that the Governor be, and he is hereby requested to forward a copy of this resolution to the said John Smith, Esq.".
To read this official narrative with its solemn mes- sages, dignified letters and high-sounding resolution, one is led to believe that the State was in a dire crisis, and that at Marietta and Cincinnati all the "pride, pomp and circumstance of glorious war" held sway. As a matter of fact the proceedings at both places approached nearly to farcical. Under command of Major General Buell of Marietta, on December 9th, the boats, stores and possessions in the Muskingum River were forcibly seized. An array of raw and undisciplined militia, composed of hardy young pioneers out more for a frolic than war, stationed themselves with cannon along the Ohio River to wait for the dread forces expected from above.
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The general public refused to take the situation seriously, and many amusing tricks were played off at the expense of the militia. One night when the sentries were watching for the enemy, an empty tar barrel was placed on an old boat, fired, and set adrift to float down the river. Consternation was spread among the military, and all were sure that the expedi- tion was moving down the stream. Shots were fired and an attack made, but only to find the movement was a hoax.
A waggish rhymester, said to be General E. W. Tupper, one of the commanding officers, wrote a mock-heroic ballad commemorating the humors and absurdities of the campaign. It was entitled "The Battle of Muskingum, or the Defeat of the Burrites," and was sung for many years afterward up and down the river.
Whatever seriousness there was to this military campaign was at Blennerhassett's Island. A few nights before the seizure of the boats on the Mus- kingum, Comfort Tyler, one of Burr's trusty lieutenants arrived from Pittsburg with four boats and twenty young men claiming to be settlers bound for the Washita; as Tupper's ballad said,
"A few young boys, their mother's joys, And five men there were found, sirs, Floating at ease-each little sees Or dreams of death and wound, sirs."
When Tyler met Blennerhassett on his arrival he found him much discouraged at the turn things had taken and almost resolved to give up the project. How- ever, with the firm and persuasive attitude of his wife,
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who had taken hold of matters with heroic enthusiasm, and the arrival of Tyler's "forces" he regained his vigor and cast his fame and fortune with Burr. It is not to the credit of the militia that Blennerhassett and Tyler escaped. It is probably explainable by a verse in the ballad:
"This band so bold, the night being cold, And a blacksmith's shop being handy; Around the forge they drink and gorge On whiskey and peach brandy."
At any rate, at midnight of December 10, the four boats with their occupants, when everything was quiet, slipped into the rapid current of the Ohio and sped downward on their way to meet Aaron Burr.
The next day the Virginia militia invaded the island. A few days after a party of fourteen young men on their way to join the expedition were arrested and taken to Blennerhassett's house for trial before three justices of the peace. Mrs. Blennerhassett was at Marietta, and the commanding officer of the militia was absent. The soldiers were tired of warfare; the young men were all discharged for lack of evidence against them. With nothing to do, the soldiers turned to looting the magnificent home. They found wine and brandy in the cellar, and thereupon proceeded to convert themselves into drunken vandals. The beautiful home that had been the wonder and pride of the West, with its elegant furnishings and surround- ing shrubbery and gardens, was wrecked. When Mrs. Blennerhassett returned from Marietta, she viewed the ruins with indifference. She wanted to join the expedition, and with the party of young men she ob-
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tained a boat, and leaving a reckless soldiery in pos- session of her home, on December 17, she started to join her husband and his associates.
It was now apparent, even amid the exaggerated rumors of the time and the ridiculous events occurring, that the Burr movement was on the eve of a collapse. This was due to the fact that the proclamation of President Jefferson and the messages of Governor Tiffin had practically made Burr an outlaw, and no enterprise, however honorable or peaceable, could succeed with that condemnation. So the question now became one of successful flight and escape.
Cincinnati at the time of these exciting movements was likewise the center of great agitation. Express messengers were riding rapidly and frequently between that point and Chillicothe, as we can well infer from the Governor's correspondence. The Western Spy, of December 23, published the news that Comfort Tyler, Blennerhassett and their boats had quietly passed the city, and The Liberty Hall ridiculed the people for being tumultuous with fear. Every pub- lication, rumor, and letter from the Governor added to the increasing excitement.
In the midst of this danger it was discovered by General John S. Gano and General James Findlay, the commanding officers of the militia, that there were not sufficient arms to meet the enemy when the invasion should occur. Accordingly they called on Major Thomas Martin, commandant of the United States barracks across the river at Newport. Major Martin refused to permit any arms or ammunition to leave the barracks except by orders of the Secretary
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of War. Generals Gano and Findlay in despair called upon Senator Smith and asked him to help them under the pressing circumstances. That night, December 16, Senator Smith called upon Major Mar- tin and endeavored to persuade him of the propriety and necessity of furnishing the arms. What happened is interestingly told in Senator Smith's own words in his testimony subsequently given to the United States Senate.
Referring to the Commandant's refusal and the result, Senator Smith said:
"Like a faithful soldier, I found him unwilling to do an act without an order, and in the hurry of business the war department had omitted to issue this order, without which, unless Major Martin would consent to yield the necessaries, it was ridiculous to call the militia of Ohio into service.
"In this situation, I urged him to yield the necessary supplies; he refused; again I pressed, and again was refused. At length, influenced by the importance of the occasion, and by the ardent desire which I felt to enforce every order of government, I came forward and offered to indemnify him by my obligation for ten thousand dollars, that he should not be injured by their delivery. Still he paused; and objected that he was an old man, trained only to arms, and worn down in the service of his country, and by doing this act he might incur the displeasure of the war depart- ment, and be removed from office. It was at this moment that an increasing ardor for the service of the nation induced me to assure him, that if he was for this act dismissed from service, I, from my own
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private funds, would afford him a higher and better support than he received from the government. He yielded, and the arms and ammunition were procured; he relied on my honor for his support, and in conse- quence of my representations to the President and to the war department, his salary was increased one hundred dollars per annum. This fact speaks for itself. For the arms and ammunition I had to give a receipt and obligation for ten thousand dollars, which is now outstanding against me. In the dead of night, these necessary supplies were furnished, and early the next day an effective force was established at Cincinnati."
This is what Senator Smith was engaged in while his enemies were requesting his resignation at Chilli- cothe.
It is needless to say that there was but little use for the militia. The local papers give information of one occasion when the force was called out as the result of the pranks of a town wag. It appears that late one day during the "war" three boats anchored in the river to lay to for the night. Immediately the rumor spread that they were a part of the Burr expedition. When the shades of night fell, bombs were heard exploding, and the whole town was in an uproar. The night was passed in expectancy and terror. The next day it was discovered that the firing was by a fun-loving joker, and that the boats were loaded with dry goods bound for Louisville.
When Mrs. Blennerhassett with her two children left the island, it was in the flatboat of Morgan Neville and others of Pittsburg, all young men of
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good standing and character, bound to join the Burr expedition in the Mississippi River. It will be remem- bered that they had been subjected to arrest and dis- charged upon examination. In their boat, rooms had been fitted up for their fair refugee companion, her family and servants, with all the comfort and elegance that could be transferred from the island home. This made it homelike to the point of luxury. They arrived without interruption at Cincinnati. At this point their boat was detained by the author- ities for search and seizure, but the most careful scrutiny failed to find the slightest evidence of mili- tary intent, and the boat was permitted to proceed on its journey.
With this departure there disappeared from Ohio Waters the last tangible evidence of Aaron Burr's vision of a Mexican invasion. To complete the story the final days of his plans may be written. At Bayou Pierre, thirty miles above Natchez, he was arrested by the Mississippi militia. He was turned over to a Grand Jury, which, after hearing all the evidence against him, refused to bring in an indictment. On the contrary, they presented as a grievance, "the late military expedition unnecessarily, as they conceive, fitted out against the person and property of the said Aaron Burr, when no resistance had been made to the civil authorities." Notwithstanding this, the court refused to discharge him, and Burr fled, only to be arrested later and conveyed to Richmond for further prosecution and trial.
With all the power of Jefferson's administration against him, there could not be found sufficient evidence
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to find him guilty of treason and for the fourth time he was acquitted of that charge. Blennerhassett having also been discharged in Mississippi Territory, was afterwards arrested and taken to Richmond where an indictment was found against him which was afterwards abandoned.
President Jefferson was bitterly disappointed at the outcome of the Richmond trial. But there was one quarter that he had turned to with an expectancy in the crisis and it had never failed him. That was Ohio. He was more than gratified at the loyal support given him by the Jeffersonian Democracy of that State. This he publicly expressed in a letter to Governor Tiffin written February 2, 1807:
"Sir: The pressing business, during a session of the Legislature, has rendered me more tardy in address- ing you than it was my wish to have been. That our fellow-citizens of the West would need only to be informed of criminal machinations against the public safety, to crush them at once, I never entertained a doubt.
"I have seen with the greatest satisfaction that among those who have distinguished themselves by their fidelity to their country on the occasion of the enterprise of Mr. Burr, yourself and the Legislature of Ohio have been the most eminent.
"The promptitude and energy displayed by your State has been as honorable to itself as salutary to its sister States, and in declaring that you have de- served well of your country I do but express the grate- ful sentiment of every faithful citizen in it.
"The hand of the people has given the mortal blow
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to a conspiracy which, in other countries, would have called for an appeal to armies, and has proved that government to be the strongest of which every man feels himself to be a part.
"It is a happy illustration, too, of the importance of preserving to the State authorities all that vigor which the Constitution foresaw would be necessary, not only for their own safety, but for that of the whole.
"In making these acknowledgments of the merit of having set this illustrious example of exertion for the common safety, I pray that they may be considered as addressed to yourself and the Legislature particu- arly, and generally to every citizen who has availed himself of the opportunity given of proving his devotion to the country.
"Accept my salutation, and assurances of great consideration and esteem."
Thomas Jefferson.
In Ohio there was an aftermath to the exciting work just ended. The bitter feeling engendered against all who were in the least suspected as being friends or associates of Burr was typified by the persecution of Senator Smith. From the time of the iction of the Legislature requesting, conditionally, his resignation, he was pursued relentlessly by his political enemies. And this, too, notwithstanding that he had lent all of his influence and fortune toward carrying into effect the President's proclamation.
That the President approved the movement against Senator Smith can safely be inferred from the fact that
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the promoters of it in Ohio were the old Virginia contingent led by Governor Tiffin, and Nathaniel Massie in the Legislature. The latter was made chairman of the committee to which was referred the Governor's special message relative to the Burr ex- pedition, and which promptly reported the legislation by which it was broken up. In "The Life and Times of Lewis Cass," by W. L. G. Smith, it is stated that Jefferson gave to Governor Tiffin authority "to remove every postmaster west of the mountains who should be reasonably suspected of being unfriendly to the unity of the nation." That is, in any way being under his suspicion as an associate or friend of Burr.
The bitterest of all political controversies is that of factions within a party. Where partisan opponents refuse to lead in slander, cruelty and unfairness, the faction fighter will go with the deadliest intent. He spares neither honor, reputation nor gray hairs. This was the character of the fight against Smith; it was waged against him by his own party associates and by men who knew him to be honest and patriotic. He was not the politician that his enemies were. His political honors came from sheer personal popularity and not through intrigue or power. His place was wanted by others, and the Burr excitement offered the opportunity. The plan to unseat him was developed in the Ohio Legislature and soon transferred to the United States Senate. Governor Tiffin was elected to this body January 1, 1807, and took his seat as Senator at the extra session of the Tenth Congress October 26 of the same year.
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The Senate, without division, adopted, on November 27, a resolution providing for the appointment of a committee "to inquire whether it be compatible with the honor and privileges of this House that John Smith, a senator from the State of Ohio, against whom bills of indictment were found at the Circuit Court of Virginia, held at Richmond in August last, for reason and misdemeanor, should be permitted any onger to have a seat therein; and that the committee lo inquire into all the facts regarding the conduct of Mr. Smith as an alleged associate of Aaron Burr, and eport the same to the Senate." John Quincy Adams of Massachusetts was made chairman of the committee, ind on the same day Senator Smith through his colleague, Edward Tiffin, notified the Senate that he was ready or a public examination of the charge against him, and sked an opportunity to vindicate his innocence.
The investigation was long and far-reaching, con- isting of much documentary evidence and oral testi- nony. Francis Scott Key, the author of the immortal 'Star Spangled Banner," was one of Senator Smith's ounsel. The testimony most relied on by the com- nittee, for it was organized to convict, was that of ne Elias Glover of Cincinnati, a fugitive from justice n the State of Connecticut, and at one time a great riend and admirer of Burr. The veracity of this witness was completely broken down. All of these pro- eedings with the testimony are extant in the "Report f the Committee appointed to inquire into the facts elating to the conduct of John Smith, a Senator of he United States from the State of Ohio, an alleged ssociate of Aaron Burr," printed by order of the
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Senate, December 31, 1807. In this also will be foun a full statement by Mr. Smith of his own defense It is frank and manly and clearly answers all th charges made against him. The debates on th subject may be found in the "Abridgment of th Debates of Congress," Volume III. These burie documents reveal to the student of to-day the contrc versy, and he will be forced from fair play to conclud that the whole affair was a political persecution fror first to last.
The report made by Mr. Adams concluded by resolution expelling John Smith from the Senate He took the ground therein that the Senate was no bound by any rules of investigation on a motion t expel, as courts were, to establish guilt, but that onl; such evidence as raised a strong presumption of guil was necessary. At the time of this proceeding, Bur had been acquitted and nolle prosequis had been entere on the indictments against John Smith and others Therefore the guilt of Burr or any of the others coule not be established on legal grounds. So Mr. Adam in his report creates a fiction and assumes that Burr' expedition was treasonable, contrary to Chief Justic Marshall's decision at Richmond, and also that connection with this treasonable act could be estab lished against John Smith so far as necessary t satisfy the Senate, by evidence which had been prc nounced insufficient in a court of law.
This rule left Senator Smith at the mercy of hi enemies, and every act of his and every piece of rumo and gossip testified to by unfriendly witnesses, wer construed to establish his connection with Aaro
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Burr. Even his efforts to arrest the expedition by procuring arms for the militia were considered evidences of guilt, though one Senator admitted that had he taken no such part, and stood idle after the President's proclamation, it would have been stronger evidence against him.
The administration did its utmost to procure the hecessary votes for expulsion. Nor was Senator Smith without strong friends and defenders. Senators Hillhouse of Connecticut, Giles of Virginia and Pope of Kentucky all made able arguments dissecting the evidence produced against him. They showed that he evidence of Smith's principal accusers was not only unworthy of credence, but they themselves were nterested with Burr. After considering and debating he subject for more than three months, the vote was aken April 9, 1808, nineteen Senators voting for xpulsion and ten against. As it required a two- hirds vote to expel a Senator, the resolution of ex- bulsion failed to pass. It was a party vote, the friends of President Jefferson, without exception, voting against Senator Smith. While Senator Tiffin took ho part in the discussion he voted for the expulsion of his colleague.
Senator Smith, realizing that his usefulness as a nember of the Senate was gone, resigned in a letter o Governor Kirker. On December 10, 1808, Return onathan Meigs, Jr., was elected to fill the unexpired portion of the term of John Smith, and on the next lay he was also elected for the full term commencing March 4, 1809. Returning to Ohio, Mr. Smith after losing up his business affairs, removed to St. Francis-
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ville, Louisiana, where he died in 1824. In his latter days he resumed the preaching of the Gospel, and free from the turmoil and intrigue of politics, he closed his life in peace and contentment.
CHAPTER VIII. OHIO AND THE WAR OF 1812 THE ARMY AT DAYTON THE SIEGE OF FORT MEIGS DUDLEY'S DEFEAT AND MASSACRE
T HE second war with England, usually called the "War of 1812," was declared by the United States, June 18, 1812. It grew out of a long series of aggressions on the part of Great Britain that were a provocation to, and an attack on our national pride and independence. In her arrogance England assumed the right to search American ships and impress therefrom into her service all seamen who had at any time been British subjects, claiming that "once an Englishman, always an Englishman." In doing this, many American born citizens were impressed, as well as duly naturalized citizens who were entitled to the protection guaranteed by the Constitution of the United States. The most outrageous instance of this practice occurred in 1807; the American frigate, "Chesapeake," commanded by Commodore Barron, was fired on by the British frigate, "Leopard," and compelled to deliver four American seamen. This event greatly angered the American people, and aided in the formation of a war sentiment.
In violation of former treaties Great Britain main- tained forts and posts on American soil, and encouraged numerous barbarities by Indian tribes, even going to the extent of paying the savages for American scalps. Everything that could be done to exasperate this country England tried. One event in particular created intense indignation among the American people. Some of the retaliatory legislation of Congress against England created much dissatisfaction in New England, and it was reported that the Eastern States
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