XIX. CHAPTER Son's having reached Claiborne about the time of Wilkinson's disclosures, made him pay the greater attention 1806. to them. Indeed, this letter was one of the documents, the name of the writer and some passages of it being suppressed, which had been read at the public meeting in New Orleans, at which the existence of the plot and the consequent danger of the city had been first publicly announced. In Kentucky, among the leading politicians, the imputations of criminal designs against Burr were very slow in finding credit. Those, indeed, who believed the charges in the Western World as to the old Spanish plot, looked also with very suspicious eyes on Burr's designs; but the adherents of those accused as Spanish pensioners were disposed, on the other hand, to treat both sets of rumors as alike futile and malicious. Daviess, the district attorney, naturally kept a watchful eye on Burr. He wrote several times to the president on the subject, but without eliciting any specific Nov. 5. directions. Finally, upon an affidavit sworn to by himself, that he had good reason to suspect Burr of medi tating an unlawful expedition against Mexico, and also a separation of the Western States from the Union, he applied to the Federal District Court for process of arrest, and to hold Burr to recognizances for his appearance to answer these charges, and for his good behavior in the mean time. The judge, Harry Innis, himself one of the old Spanish intriguers, after argument, refused to issue process, but directed a grand jury to be impanneled to inquire into the accusation, and witnesses to be sum moned. Immediately after the announcement of this Nov. 8. opinion, Burr appeared in court with his counsel, one of whom was Henry Clay, at that time a rising young lawyer and politician, just elected to the Senate of the XIX. United States to supply a vacancy of a single session oc- CHAPTER easioned by Adair's resignation. Great readiness was professed by Burr and his counsel for an immediate in- 1806. vestigation; but as the witness chiefly relied upon by the district attorney-David Floyd, an undoubted partisan of Burr, then at Vincennes in his capacity of a member of the Indiana Legislature-failed to appear, the grand jury was discharged without further proceedings. It was not long, however, before the district attorney made an application for a new grand jury. This time Nov. 25. he summoned General Adair as his principal witness; but as he too failed to appear at the appointed time, Dec. 2. the attorney was obliged to ask a little delay. Thereupon Burr, with his counsel, again appeared in court, and insisted that the business should proceed at once. The attorney denied Burr's right to appear at all in this stage. of the proceedings, as no bill had yet been found; but Burr's counsel pressed the matter with great zeal, and the judge finally told the attorney that, if he did not proceed, the grand jury would be dismissed. He also refused to allow the attorney to attend the grand jury and examine the witnesses. Thereupon, as the main witness was wanting, and those present were all unwilling ones, with nobody to draw them out, the jury not only failed to find a bill against Burr, but they even went so far as to sign a pa- Dec. 5. per, in which they declared their persuasion that nothing was intended by him injurious to the United States. Burr's triumph was celebrated by a ball at Frankfort; after which he suddenly departed for Nashville, in company with General Adair, against whom the district attorney had also presented a bill of indictment, which the jury refused to find. Steps, however, were already in progress at the North, XIX. CHAPTER as well as the South, fatal to Burr's projects, whatever they might be. In consequence of various communica1806. tions received from the West, the president had comOctober. missioned Graham, secretary of the Orleans Territory, career. then about to leave Washington on his way thither, to investigate the origin of the reports about Burr, and, if they appeared to be well founded, to apply to the governors of the Western States to take steps to cut short his The matter appeared to the president in a more serious light in consequence of his being put in possession now, for the first time, of the communications which had passed during the previous winter between Burr and Eaton, of which Eaton had made a statement to Granger, the post-master general, in consequence of having seen a letter from Ohio, in which it was stated that boats for Burr were building on the Muskingum. This was followed up by Wilkinson's dispatches from Natchitoches, Nov. 27. two days after receiving which the president issued a proclamation, declaring that he had been informed of an unlawful scheme set on foot for invading the Spanish dominions; warning all good citizens against any participation therein; and calling upon all in authority to exert themselves in suppressing the enterprise, and arresting all concerned in it. Already, before the issue of this proclamation, the agent Graham-from conversations with Blennerhasset, whom he met at Marietta, and who seemed to take him for one of the confederates, relying, apparently, on the statements of Burr to that effect, and expressing great surprise when the fact was denied-had thought it necessary to apply to the Governor of Ohio for the seizure of the boats building on the Muskingum, and by this Dec. 2. time about finished. The Legislature of Ohio was then sitting, and an act was at once passed, with closed doors, authorizing the seizure, which was immediately made. XIX. Two or three days after the president's proclamation CHAPTER reached Marietta, some four or five boats from the neighborhood of Beaver, in Pennsylvania, intended for Burr's 1806. expedition, led by Colonel Tyler, and with a number of men on board, reached Blennerhasset's island. Senti- Dec. 10. nels were posted to prevent any communication with the river banks. Blennerhasset, having received information that his own boats on the Muskingum had been seized, and that a body of militia were coming to seize those at the island, hastily embarked with a few of his followers, Dec. 13. and descended the river in Tyler's flotilla. The next day a mob of militia took possession of the island, committing great waste and destruction, and not even abstaining from insolence and insults toward Blennerhasset's accomplished wife, who presently succeeded, however, in obtaining a boat and following her husband down the river. From Chilicothe, the seat of government of Ohio, the agent Graham had hastened to Frankfort. The Kentucky Legislature was then in session, and an investigation, which had been ordered into Sebastian's conduct, had resulted in full proof that he had been for years a Spanish pensioner. Indeed, he had anticipated the report of the committee by a resignation. It was shown that Innis, the district judge, George Nicholas, deceased, and others, had been concerned in these Spanish intrigues, but no evidence appeared that any but Sebastian had been paid agents of the Spanish government. Upon the top of these startling disclosures, Graham easily prevailed upon the Kentucky Legislature to pass an act similar to Dec. 24. that of Ohio, and under it some seizures were made. Bodies of militia were also posted to intercept such as might be descending the river. Smith, the Ohio senator, made himself very busy in this business; but already Tyler's boats had succeeded in passing the Falls of the CHAPTER Ohio, where they had been joined by two or three othXIX. ers under David Floyd. 1806. Burr himself descended from Nashville with two boats -Adair having proceeded by land to New Orleans Dec. 24. and at the mouth of the Cumberland encountered those which had made good their escape down the Ohio. The whole flotilla did not exceed ten boats, with about a hundred men. They landed on an island at the mouth of the Cumberland, and waited for some days, apparently in the hope that other boats might yet join them. The men were drawn up in a sort of square, and Burr was introduced to them. He had intended, he said, to make here an exposition of his designs, but, from circumstances which had occurred, he should defer it to another opportunity. Nearly opposite the mouth of the Cumberland, on the north bank of the Ohio, stood Fort Massac, with a garrison of some forty men, but without cannon. The rumors of Burr's projects, so rife throughout the Western country, do not appear to have reached this secluded spot. Burr opened a communication with the officer in command, and, under pretense that he wanted to send a confidential express from New Madrid to St. Louis, obtained, under a furlough for twenty days, an orderly sergeant from the garrison; which, however, he took care to pass in the night. This orderly sergeant was persuaded to join in the enterprise; and, according to his own testimony, Burr urged him to endeavor to influence some of the soldiers to desert for the same purpose. The only other military post between the mouth of the 1807. Cumberland and Natchez was at Chickasaw Bluff, now Jan. 3. Memphis. The boats stopped there; and Burr made great efforts, and not altogether without success, to seduce the commanding officer into his service. He would |