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them to the seat of government, when the written law gave them a right to trial in the territory? The danger of their correspondence with Burr; the certainty of their continuing their machinations; the tardiness and weakness of the law; apathy of the judges, who insisted that the traitors could not be imprisoned while they could find security; active patronage of the whole tribe of lawyers, with two or three exceptions; unknown disposition of the juries; an hourly expectation of the enemy; salvation of the city, and of the Union itself, which would have been convulsed to its center, had that conspiracy succeeded. These considerations constituted a law of necessity and of self-preservation, and rendered the salus populi supreme over the written law. Wilkinson was reduced to the necessity of putting down the conspirators, or of being himself put down. The officer who is called to act on this exalted ground, does indeed risk himself on the justice of the controlling powers of the constitution, and his station makes it his duty to incur that risk. But these controlling powers and his fellow citizens generally, are bound to judge according to the circumstances under which he acted. They are not to transfer the information of this place or moment, to the time and place of his actions, but must put themselves in his situation. It was known at Washington, that there never was danger of a British fleet from below, and that Burr's band was crushed before it reached the Mississippi. But general Wilkinson's information was very different, and he could act on no other.

In offering these principles and illustrations to our readers, we pretend not to invade the general rule, but to contend for the exception only; our doctrines apply to extreme cases and not to ordinary occasions, in which the written law may take its undisturbed course with safety to the community. In such instances, the example of overleaping the law is of greater evil than a strict adherence to its imperfect provisions. It is incumbent on those only who accept of great charges, to risk themselves on great occasions, when the safety of the nation, or some of its very high interests, are at stake. An officer is bound to obey his orders, yet he would be a very bad one who should do so in cases, when, from a change of circumstances, the execution would produce mischievous consequences. The line of discrimination may be difficult, but the good officer is bound to draw it at his own peril, and must depend for

justification on the soundness of his judgment, the recti tude of his motives, snd the justice of his country.*

But why need Wilkinson discuss the question at all? with respect to him, it is decided in his favor. "We were pleased to see," (says President Jefferson,) “ that without waiting for our orders, you adopted nearly the same plan yourself, and acted on it with promptitude." This was on the 3d of February, 1807; and in the same letter, Mr. Jefferson says, "We do approve of the defensive operations for New Orleans." This is explicit; it is an honorable disinterested proof of the correctness of the general's proceedings, and will live after the motley tribe of his enemies, their names, their vices and vindictive pursuits are consigned to oblivion.

Having vindicated general Wilkinson directly, we shall now proceed to corroborate that vindication indirectly, by demonstrating the feebleness and fallacy, of what Mr. Clark considers proofs of Wilkinson's guilt. These proofs which are numerically arranged, will be examined and refuted in due order. The following is the proper classifi cation of them.

1. The closest intimacy for a series of years.

2. A confidential correspondence kept up in cypher. 3. Visits paid at the distance of many thousand miles. 4. That the intercourse was broken off between Burr and Wilkinson, precisely at the period when it was demonstrated that the scheme must fail.

5. Concealment of Burr's letters to Wilkinson, which the latter refused to expose, on the trial at Richmond, without Burr's consent.

6. Wilkinson's letter to Clark by Burr.

7. Wilkinson's letter to Adair dated Rapids of Ohio, May 28th, 1805, 11 o'clock, and which contained these expressions: "I was to have introduced my friend Burr to you, but in this I failed by accident. He understands your merits, and reckons on you. Prepare to meet me and I will tell you all. We must have a peep at the unknown world beyond me."

* Wilkinson will regret, to the last moment of his life, that he did not disobey the imperious order, for the movement of the troops from his camp, at Terre au Boeuf, to Natchez; because, although it might have sealed his own ruin, it would have saved the lives of five hundred of those citizens, who were intrusted to his command; but his natural independence and decision had been impaired by the deluge of calumnies which poured in upon him from all quarters, and his resolution, in this instance, failed him. Testimonies irrefragable will be offered in the fourth volume of these memoirs, to sustain this fact: yet it is Wilkinson's purpose to defend himself only, and not to attach blame elsewhere.

8. Bruff's evidence.

9. The letter postmarked 13th May, and Burr's cyphered letter.

As a brief preliminary to an examination of the force of this circumstantial evidence, it is necessary to remark, that the proofs of Wilkinson's guilt are facts, and letters which he himself has made public, and that this circumstance alone affords a fair presumption of innocence. He exposed them voluntarily, which adds to the force of the presumption.

The first in the series of testimony, to wit: Wilkinson's close intimacy with Burr for a series of years, has been answered already. That intimacy originated during the American revolution; it grew in the contact of official situations under the federal government; and it was continued after Burr's exclusion from office, from sympathy for an old friend; a desire to restore him to his former political standing; and to render him serviceable to his country.

The second, relating to a confidential correspondence kept up in cypher. It has been shewn that this was designed, on the part of Wilkinson, merely to prevent the prying eye of impertinent curiosity, with respect to familiar conversation, when the parties were at a considerable distance; and that it existed at a time, when Burr's views to legitimate power forbid the slightest notion of the severance of the Union.

The third, as to visits paid at a distance, is unsupported by a shadow of truth. Doctor and Mrs. Brown, the sister and brother in law of colonel Burr, with a charming niece and half a dozen fine boys, had, on his recommendation, removed to the territory of Louisiania, from the city of New York. [See appendix, No. 5.] He felt, or professed to feel, himself somewhat responsible, for the fortunes which might attend their migration; and the ostensible object of his visit to St. Louis in September, 1805, was to see those relatives. Subsequent occurrences have proved that he had other views, which he glanced at, but did not unfold to Wilkinson, who, penetrating the impatience and disgusts of his mind, endeavoured to sooth them, by promoting his election to Congress from the Indiana territory. Burr never paid Wilkinson a distant visit in his whole life, nor did Wilkinson ever seek Burr at the distance of a league.

The fourth, respecting the period when the intercourse

between Burr and Wilkinson was broken off, completely fails. Wilkinson, at the period he received the last letter in cypher from Burr, was at Natchitoches. This celebrated letter, so far from even hinting at a failure, held out the most sanguine assurances of success; arms, men and money had been all secured by Burr, and his ingenious pupil, Mr. Swartwout, magnified his numbers and resources tenfold, embracing the southern, middle and western states, and comprehending all classes and ranks of society. Wilkinson was at too great a distance from Burr to ascertain the truth of his statement, and if he had any confidence in Burr at all, (which would have been the case, if he had been associated with the traitor,) he must have given credit to his report, and believed the success of the scheme infallible; yet Wilkinson apprized colonel Cushing of the conspiracy, and exposed the name of Burr as being at the head of it: So far, then, from Wilkinson's breaking off the correspondence, when he thought the scheme would fail, he broke it off precisely at that point of time, when every thing induced him to think it would succeed, and when, in fact, he considered the event inevitable.

The state of general Wilkinson's mind, on the 7th of November, the day he left Natchitoches for Natchez, cannot be so justly pourtrayed, as by reference to the subjoined letters of the same date, to colonel Cushing and Lieutenant colonel Freeman: He had received the day

* Yet this conspirator escaped the notice of those gentlemen, who on the grand Jury at Richmond, labored to indict Wilkinson, as has been said, for concealing information from the President, which he had furnished him by letter, six months before. The spirit which dictated that cruel attempt, has since pursued Wilkinson with unrelenting fury; and but for a Cabell and the mass of honor and justice, which went with him on the occasion, the vengeance of Wilkinson's enemies might have been satiated at that period.

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Copy. General Wilkinson to Colonel Cushing Natchitoches Nov. 7th 1806. MY DEAR SIR,

By letters tound here I perceive the plot thickens; yet all but those concerned, sleep profoundly My God! what a situation has our country reached. Let us save it if we can. You must instruct Strong by my authority, and therefore leaving the minutia to you, I will barely suggest the propriety of calling his incessant attention to the repair and preservation of the arms, ammunition and ordnance deposited wth him; and also to every appurtenant of the quarter-master's department. He must keep a strict eye to the conduct of the Spaniards, on the side of Texhas, and is to advise me by express, at New Orleans, of every casualty which may occur or any change which may be made by them.

I have nothing more to add, but to intreat you to accelerate your movementby every practicable means.

before, on his return from the Sabine, the information of James L. Donaldson, esquire, [No. 71.] derived from Mr. Michael Myers, a most respectable merchant of Montreal, who had descended the Mississippi directly from St. Louis, He could not doubt the report: He was shocked at what he thought the supineness of government, and although he believed every thing lost, he determined to discharge his duty at every peril. Come then, said he, to his faithful second Cushing, "hurry, hurry after me, and if necessary, let us be buried together in the ruins of the place we shall defend.”

The fifth, namely the concealment of Burr's letters, which Wilkinson refused to expose without Burr's permission, is of as little avail to Mr. Clark, whose fine spun

I think the officers, who have families at Fort Adams, should be advised to leave them there, for if I mistake not we shall have an insurrection of blacks as well as whites to combat.

It is this moment reported you will not be able to get your boats over a shoal of several miles, just above Black river. I pray you to scrutinize the subject and to surmount the difficulty without a pause. You have an admirable resort by marching your main body through the apalousa, should the river be found actually impracticable.

You must leave Strong a suit of clothes for his company, from those brought up, by exchange. No consideration, my friend, of family or personal inconvenience must detain the troops a moment longer than can be avoided, either by land or by water; they must come, and rapidly. On the 15th of this month Burr's declaration is to be made in Tennessee and Kentucky; hurry, hurry after me, and if necessary, let us be buried together in the ruins of the place we shall defend.

COL. T. H. CUSHING,

Copy. Gen. Wilkinson to Lt. Col. Freeman, Natchitoches, Nov. 7th, 1806. SIR,

This will be delivered to you by major Porter, who descends with a body of artificers and laboratory men to aid your operations. The major carries with him specific instructions which you are to respect and sup. port promptly. We must repair the old defences of the city; it is our only resort, as we shall not have time to do more Look to this cbject and make the necessary prompt exertions; we shall want I expect ten thousand pickets for palisades, fraisings, &c. Contract for them, or as many of them as you can on the best terms, deliverable as speedily as possible, but at all events before January. Plank and scantling also will be wanted for platforms, sleepers, braces, &c. Let your measures be taken as if by order from the secretary of war; but profess utter ignorance of motives. Manifest no hurry or emotion, for you are surrounded by secret agents, yet use every exertion in your power. Quarters for the troops from this place, (excepting Strong's co.) those at Fort Adams, and point Coupee, and one hundred from Fort Stoddert, must be provided and prepared. Contracts will be made for wood as we descend the river.

I shall be with you by the 20th instant, in the mean time be you as silent as the grave.

With great consideration and respect, I am, Sir, your obedient servant, LIEUT. COL. C. FREEMAN.

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