The Life of John Marshall Volume III Part 42

[886] For instance, at Nashville, Burr was burnt in effigy in the public square. (Parton: _Jackson_, I, 322.) At Cincinnati an amusing panic occurred: three merchant scows loaded with dry goods were believed to be a part of Burr's flotilla of war vessels about to attack the town. The militia was called out, citizens organized for defense, the adjacent country was appealed to for aid. (See McCaleb, 248-49.)

[887] Wilkinson to Jefferson, Nov. 12, 1806, Wilkinson: _Memoirs_, II, Appendix C.

[888] Iturrigaray to Cevallos, March 12, 1807, as quoted in McCaleb, 169; and see Shepherd in _Am. Hist. Rev._ IX, 533 _et seq._

The thrifty General furnished Burling with a pa.s.sport through the posts he must pa.s.s. ("Letters in Relation," as quoted in McCaleb, 166.)

Credentials to the Spanish official were also given Burling by one of Wilkinson's friends, Stephen Minor of Natchez, the man who had first set on foot the rumor of Burr's secession intentions. He was also in the pay of Spain. (_Ib._ 166-67.)

The Spaniards aided Burling on his journey in every way possible.

(Herrera to Cordero, Dec. 1, 1806, as quoted in _ib._ 167-68.)

[889] Iturrigaray to Cevallos, March 12, 1807, as quoted in McCaleb, 168-69.

[890] _Ib._ 171.

[891] Wilkinson to Jefferson, March 12, 1807, "Letters in Relation,"

MSS. Lib. Cong.

[892] Wilkinson to Cushing, Nov. 7, 1806, Wilkinson: _Memoirs_, II, Appendix XCIX.

[893] Wilkinson to Freeman, Wilkinson: _Memoirs_, II, Appendix XCIX.

[894] Wilkinson to Claiborne, Nov. 12, 1806, _ib._ 328.

[895] Wilkinson to Claiborne, Dec. 6 and 7, 1806, as quoted in McCaleb, 205-06.

[896] _Ib._ 209-10.

[897] Wilkinson to Clark, Dec. 10, 1806, Clark: _Proofs_, 150; also McCaleb, 212; and see Wilkinson to Claiborne, Dec. 15, 1806, as quoted in McCaleb, 213-14.

[898] Swartwout was treated in a manner peculiarly outrageous. Before his arrest Wilkinson had borrowed his gold watch, and afterward refused to return it. When the soldiers seized Swartwout they "hurried" him across the river, lodged him "for several days & nights in a poor inhospitable shed--& deprived of the necessaries of life."

Finally, when ordered to march with his guard--and being refused any information as to where he was to be taken--the prisoner declared that he was to be murdered and leapt into the river, crying, "I had as well die here as in the woods," whereupon "the L^t drew up his file of six men & ordered them to shoot him. The soldiers directed their guns at him & snapt them, but owing to the great rain, 3 of the guns flashed in the pan, & the other's would not take fire. The men pursued & took him. But for the wetness of the powder this unfortunate young man must have be[en] murdered in very deed."

Swartwout was not permitted to take his clothing with him on the ship that carried him to Baltimore; and the officer in charge of him was under orders from Wilkinson to put his prisoner in chains during the voyage. (Plumer, Feb. 21, 1807, "Register," Plumer MSS. Lib. Cong.)

[899] Wilkinson's return reported in the _Orleans Gazette_, Dec. 18, 1806, as quoted in McCaleb, 217. It does not appear what return was made in the matter of the application for a writ of habeas corpus in favor of Swartwout.

[900] Wilkinson to Jefferson, printed in _National Intelligencer_, Jan.

23, 1807, as quoted in McCaleb, 218.

[901] This was one cause of Jefferson's hatred of Livingston. For the celebrated litigation between these men and the effect of it on Marshall and Jefferson, see vol. IV, chap. II, of this work.

[902] McCaleb, 219-21.

[903] Hildreth, V, 613.

[904] Plumer's resume of a letter from Adair to Clay. (Feb. 20, 1807, "Register," Plumer MSS. Lib. Cong.)

For this outrage Adair, within a year, brought suit against Wilkinson for false imprisonment. This was bitterly fought for ten years, but finally Adair secured judgment for $2500, "against which Wilkinson was indemnified by Congress." (Hildreth, V, 627.)

For three or four years Adair continued in public disfavor solely because of his supposed criminal connection with Burr, of which his arrest by Wilkinson convinced the inflamed public mind. He slowly recovered, however, rendered excellent service as an officer in the War of 1812, and under Jackson commanded the Kentucky troops at the battle of New Orleans with distinguished gallantry. In 1820 the old veteran was elected Governor of Kentucky. Afterward he was chosen Representative in Congress from his district.

[905] Plumer's resume of Adair's letter to Clay, _supra_, note 1. Every word of Adair's startling account of his arrest was true. It was never even denied. John Watkins told Wilkinson of a conversation with Adair immediately after the latter's arrival which showed that n.o.body had reason to fear Burr: "He [Adair] observed ... that the bubble would soon burst & signified that the claims were without foundation & that he had seen nothing like an armament or preparations for a warlike expedition."

(Watkins to Wilkinson, Jan. 14, 1807, Wilkinson MSS. Chicago Hist. Soc.)

Professor c.o.x has suggested to the author that Wilkinson's summary arrest of Adair was to prevent the further circulation of his statement.

[906] "During the disturbances of Burr the aforesaid general [Wilkinson]

has, by means of a person in his confidence, constantly maintained a correspondence with me, in which he has laid before me not only the information which he acquired, but also his intentions for the various exigencies in which he might find himself." (Folch to the Governor-General of Cuba, June 25, 1807, as quoted by c.o.x in _Am. Hist.

Rev._ X, 839.)

[907] Jefferson's Message, Dec. 2, 1806, _Annals_, 9th Cong. 2d Sess.

12; Richardson, I, 406.

[908] "We have been, & still are, both amused & perplexed with the rumours, reports, & conjectures respecting Aaron Burr. They are numerous, various, & contradictory.... I must have plenary evidence before I believe him capable of committing the hundredth part of the absurd & foolish things that are ascribed to him.... The president of the United States, a day or two since, informed me that he knew of no evidence sufficient to convict him of either high crimes or misdemeanors." (Plumer to Jeremiah Mason, Jan. 4, 1807, Plumer MSS. Lib.

Cong.) See also Plumer to Langdon, Dec. 1806, and to Livermore, Jan. 19, 1807, Plumer MSS. _loc. cit._

These letters of Plumer's are most important. They state the general opinion of public men, especially Federalists, as expressed in their private conversations.

"I never believed him to be a Fool," wrote John Adams to his most intimate friend. "But he must be an Idiot or a Lunatick if he has really planned and attempted to execute such a Project as is imputed to him."

Politicians have "no more regard to Truth than the Devil.... I suspect that this Lying Spirit has been at Work concerning Burr.... But if his guilt is as clear as the Noon day Sun, the first Magistrate ought not to have p.r.o.nounced it so before a Jury had tryed him." (Adams to Rush, Feb.

2, 1807, _Old Family Letters_, 128-29.) See also Adams to Pickering, Jan. 1, 1807, Pickering MSS. Ma.s.s. Hist. Soc.; and Peters to Pickering, Feb. 1807, Pickering MSS. _loc. cit._

Marshall undoubtedly shared the common judgment, as his conduct at Burr's trial abundantly shows.

[909] _Annals_, 9th Cong. 2d Sess. 336.

[910] _Ib._ 347.

[911] _Ib._ 357-58.

[912] _Annals_, 9th Cong. 2d Sess. 39-41. Jefferson's Message, Jan. 22, 1807, Richardson, I, 412-17.

[913] _Annals_, 9th Cong. 2d Sess. 43; Richardson, I, 416.

[914] _Annals_, 9th Cong. 2d Sess. 40. (Italics the author's.)

[915] "Wilkinson's letter is a curiosity.... Tis Don Adriano de Armado the second." (J. Q. Adams to L. C. Adams, Dec. 8, 1806, _Writings, J. Q.

A._: Ford, III, footnote to 157.)

[916] Plumer, Jan. 22, 1807, "Diary," Plumer MSS. Lib. Cong.

Senator Plumer wrote his son, concerning Wilkinson's account of Burr's letter: "I am satisfied he has not accurately decyphered it. There is more of Wilkinsonism than of Burrism in it." (Plumer to his son, Jan.

24, 1807, Plumer MSS. Lib. Cong.)