Virginia Argus

Evidence of Gen. Wilkinson.

Mr. Hay. Will you be so good as to state the written communications made to you by Col Burr, and the oral communications of Mr. Swartwout?

Gen. Wilkinson: On or about the 15th of October of the last year. (1806) I was sitting, in the evening, with Col. Cushing, at his quarters, and with him alone, when a gentleman entered [Mr. Hay. At what place? A. At Natchitoches.] The gentleman enquired for Col. Cushing. who rose and received him. He presented a letter to the Col. who broke the seal, and read it. The gentleman then announced himself to be the Mr. Swartwout referred to in that letter: and Col. Cushing introduced him to me as the friend of Gen. Dayton: handing me at the same time the letter, a copy of which I have, and the contents of which I well recollect.

[The General then produced a paper, said to be the deposition of Col. Cushing, which comprehended this letter. Mr. Botts said, when you are about to shew a paper, you will please to submit it to our inspection. Gen. Wilkinson. I shall be governed by the Judge in that respect. Mr. Botts Then we shall request the Judge to govern you in that respect. Gen. Wilkinson. I shall endeavour to conduct myself with propriety, and in the most decorous manner to the court. Here Gen. Wilkinson recapitulated the contents of the letter; which may be seen in the annexed deposition of Col. Cushing, marked A.]

Mr. Swartwout took a seat, and informed us that, being on his way down the Mississippi for New Orleans, in company with a Mr. Ogden, they had heard at Fort Adams of the impending operation against the Spaniards, which had induced him to ascend the Red River, in order to join me, and volunteer his services in the Campaign; and that Mr. Ogden had proceeded on his journey to New-Orleans. Col. Cushing retired for a few minutes; and pending that interval, Mr. Swartwout slipped from his side pocket a letter and packet or envelope, which he said he was charged by Col. Burr to deliver to me. I hold the letter in my hand; and it is a formal letter of introduction of Mr Swartwout by Col. Burr. [Mr. Martin observed that, if any letters were produced, they should be lodged with the clerk, where both parties might have an opportunity of inspecting them. Chief Justice. Not unless they are read. The letter was laid upon the Clerk's table.] I enquired of Mr. Swartwout where Col. Burr was. He answered that he was in Philadelphia; or that he had left him there. " Col. Cushing returned, and the conversation took a general course. After some time, Mr. Swartwout withdrew; and I retired to my chamber; and in the packet or envelope I found a letter addressed to me in cypher from Col. Burr. [Chief Justice. I did not understand you. How did you get that letter? A. It was in the packet, or envelope.] This letter was principally in cypher; the closing paragraph, however. was in the ordinary script. I resorted to the key, and attempted an interpretation of the letter. I did not complete it: but discovered enough in the course of the evening to satisfy me, that there was some illicit project on foot. I arose early in the morning, and called on Col Cushing my second in command, and adjutant and inspector to the army. I stated to him that Mr. Swartwout had borne me a letter from Col Burr, the nature of which I explained; and observed to him, that Mr. Swartwout's declarations, that he had come with a view to volunteer his services in the campaign against the Spaniards, were merely intended to cover his real design. I then communicated to Colonel Cushing the measures which I should pursue; enjoining on him, at the same time, to observe the strictest secrecy. Were it permissible to be read, here is a statement of the facts sworn to by Colonel Cushing. [The General held, at this time, in his hand, the paper marked A. Mr. Wirt. This statement is signed by Col. Cushing, with a certificate of his qualification, in legal form, annexed. Mr. Wickham. An affidavit forming no part of the Case before the Court cannot be introduced. Mr Hay. Gen Wilkinson states that, on the morning after the letter was partly decyphered, he stated to Col. Cushing it's contents, and communicated to him the measures which he should pursue. These are facts detailed in that deposition; and, if the gentlemen do not wish to see them there is an end of the controversy. The Genl. proceeded One paragraph of the letter, I have observed, was in the ordinary script. [Here the Paragraph was read by Gen. Wilkinson, in the following words. "He is a man of invincible courage & perfect discretion,—formed to execute rather than to project,—capable of setting facts with fidelity, & incapable of relating them otherwise. He is thoroughly informed of the plans and intentions of . --, and will disclose to you as far as you enquired, and no farther. He has imbibed a reverence for your character, and may be embarrassed in your presence.—Put him at ease, and he will satisfy you."] I determined to avail myself of this reference to obtain from Mr Swartwout that information which I could not discover from the letter: that is the object to which Col. Burr expressly directed his views: and, in the course of several days, I obtained from him substantially, the following facts; That he had left Col. Burr at Philadelphia, occupied, day and night almost, on some enterprize which he had in contemplation; that he lived in a retired part of the City, to a small house with several rooms, where he received persons with whom he had to transact business and that he saw no visitors at the same time. he observed to me that Col. Burr
Doctor Truxton was frequently with him, & zealously engaged in his enterprize. He observed, at the same time, that a man who superintended the public buildings at Washington was also zealously engaged. He did not recollect his name: but on my mentioning the name of Latrobe, he said, that was the man. He said that he had been dispatched by Col. Burr from Philadelphia, and had traversed the states of Ohio & Kentucky. I so understood the gentleman at that time; but have since discovered that he descended the river. [Mr. Botts. By whom did you understand that he had descended the river? A. By a man who informed me that he had rowed him down from Pittsburgh.] Another reason why I may have been mistaken was this. He informed me that he had passed to Frankfort in quest of Gen. Blair, for whom he had dispatches from Col. Burr; and, not hearing of him there, had returned back to Lexington in pursuit of him; where he was informed by Maj. Haggoner that Gen. Blair (being in ill health) had gone to some medical spring: and that, if he would wait a few days, he might see him: that he did so, and thus had an interview with him without incurring any suspicion: at which time he delivered his dispatches. He said Gen. Blair was zealously engaged in the enterprize: and observed to him thus. "I will not write to him, but that I expect to meet him at the place; that he may depend I will meet him at the spot;" or words to that effect.

Mr. Swartwout proceeded to inform me that he came to Louisville, and felt himself at a loss how he should reach me with the most certainty: that a rumor had prevailed there that I had descended the river. Finally, on the advice of Mr. Floyd, he determined to go across the country, under an expectation of finding me at St. Louis. Accompanied by Mr. Ogden, he prosecuted his journey to Kaskaskias. Finding that I had descended the river, he determined to alter his route; he purchased a skiff, employed hands, and followed me down to Fort Adams. At this point, I asked him whether this sudden change of route might not expose him to suspicions. He said that, to guard against this, he had wounded his horse with his pen-knife, and informed the people that his intentions were to have visited St. Louis; but, having experienced this accident, he should pursue his original destination, which was to descend the river to New-Orleans. On arriving at Fort Adams, and discovering that I had proceeded to Natchitoches, he determined to follow me; and his friend Mr. Ogden (pursuing his route) went on with dispatches from Col. Burr to his friends in New-Orleans. Mr. Swartwout informed me that Col. Burr, supported by a numerous and powerful association extending from New-York to New-Orleans, was about to levy an armed force of seven thousand men, with a view to carry an expedition against the Mexican provinces; that five hundred men would descend the Alleghany river with Colonel Swartwout, and a Major or Col. Tyler: that the boats were already built. He observed that this territory would be revolutionized, where the people were ready to join; and that some seizing, he supposed, would be necessary at New-Orleans: that they expected to make their embarkation about the 1st of February; that they proposed landing at La Vera Cruz, & marching from thence to Mexico. I observed to him that there were large sums of money in the bank of New-Orleans. He replied that he knew that full well. I observed, "surely you will not violate private property." He said, "we mean only to borrow and will return it;" that they must equip themselves at New-Orleans: that naval protection would be had from Great Britain; that Commodore Truxton and the officers of the navy were so disgusted with the government that they were ready to join; and that pilot boat schooners were contracted for on the Atlantic coast of the U. S. for the service.

He enquired of me whether I had heard of Doctor Bollman; and, on my replying in the negative, he expressed some surprize; observed that Doctor Bollman and a Mr. Alexander had been dispatched from Philadelphia, by sea, to New-Orleans, with dispatches from Col. Burr to me, and that they must have arrived. Mr. Swartwout informed me that he was obliged to go to New-Orleans; & was also under engagements to meet Col. Burr and Gen. Dayton at Nashville, on the 20th of November. I think Mr. Swartwout left Natchitoches, about 15th of October, for New-Orleans, as I understood.

It may be proper, in this stage of my testimony, to say that the envelope, which contained the cyphered letter from Colonel Burr, covered also two other letters. To save misapprehension, it may also be proper to say, that when I speak of an envelope, it is in contradistinction to a sealed packet. It occurs to my recollection that a letter addressed to John Peters, Esq. of Nashville was enclosed in the envelope, as well as another letter, from Gen. Dayton, in cypher. (See Dayton's letter, Note C.)

Mr. Baker. Do you say that the letter from Gen. Dayton was inclosed in another cyphered letter? A. No. I say expressly to the reverse. It came with it.

Mr. Wickham objected to reading the letter from Gen. Dayton. He said that, Gen. Dayton being absent, he had no opportunity of consulting him, or of ascertaining his wishes respecting it. If there be no other evidence that the letter was from General Dayton, except that a letter was received by General Wilkinson purporting to be a letter of General Dayton's, it was not evidence. Mr. Hay. The fact stated by General Wilkinson is that he received this letter. It may have had a considerable influence with him, as to the course which he pursued. He received the letter together with another cyphered letter from Col. Burr; and, the fact being that he received this letter purporting to be a letter from Gen. Dayton, it surely may be read. Mr. Wickham. If the letter by itself would not be evidence, its being connected with others would not make it so. Mr. Hay. Of that distinction, I mean to offer it. If Gen. Dayton were before the Court, he might require some other evidence as to the authenticity of the letter. Gen. Wilkinson is telling his whole story; he is to give his whole narrative; and all the circumstances will bear upon each other. The Chief Justice at first said, that, if General Wilkinson could say that the letter influenced his conduct, it might be read: but, finally, he observed, that, on the motion now before the court, it might be improper to read it. If it be the intention of Gen. Wilkinson to state that certain conduct of his was produced by that letter, he may state that such conduct was produced.

Gen. Wilkinson. I must say this letter materially influenced the measures which I pursued. Mr. Hay. There is certainly a wide difference between this case, a mere examination before a Judge, and a trial before a jury. This letter may identify Gen. Dayton with the meeting at the mouth of Cumberland.

Gen. Wilkinson. Here is the letter, addressed to J. Peters Esq. signed "A. Stephens" It appears to be in a disguised hand; but I have no doubt of it's being the hand writing of Col. Burr. (See Note D.) I returned from the operations against the Spaniards the 5th of November; and, on the next morning [Chief Justice. To what place did you return? Ans. To Natchitoches] On the morning of the 6th November, a small Frenchman (whom I had never seen before, nor have I ever seen him since) presented a packet to me, and took his leave. This I found to be a letter from Doctor Bollman covering a letter from Col. Burr. The letter from Doctor Bollman, in his proper hand writing, bears date September 27th, 1806, from New Orleans (See Note **). Here is the cyphered letter enclosed by Doctor Bollman: and I find it is an exact duplicate, as it professes to be, of the one received by Mr. Swartwout: with this variation.--"Doctor Bollman, equally confidential better informed on the subject, and more intelligent, will hand this duplicate." This letter was laid upon the clerk's table.] That letter also enclosed one from General Dayton. [Mr. McRae. Of the same tenor of the former? Ans. No: quite different.] This letter of General Dayton is partly in cypher, and partly in the common script. (See Note E.) [Mr. Wirt. Are you acquainted with General Dayton's hand writing? Ans. Perfectly. Mr. Hay. How did you become acquainted with it? Ans. From a long and familiar correspondence. Here is a letter from General Dayton to me, introducing his son, which will shew the similarity of the hand writing. [Here the General produced the letter of introduction.]] On the same morning I received the following information from Natchez, in a letter from James L. Donaldson, dated the 5th of November, 1806. [Here General Wilkinson offered to read the letter: but it was rejected by the court. See Note F.] In consequence of the receipt of this letter from Mr. Donaldson, and my reflections on the letters from Col. Burr, I determined to concentrate my whole force at New Orleans, as soon as possible. [Mr. Hay said that he was willing in order to save time, to wave every thing which related to the operations of the army; and requested that General Wilkinson would proceed to relate what occurred at New Orleans.] I proceeded from Natchitoches to Natchez and descending from that place reached Fort Adams on the 18th of November; where I found Mr. Swartwout, who had been taken ill on his route from Natchitoches to New Orleans, and, for his accommodation, was invited by some one of the officers to that place. He informed me that Mr. Ogden had reached that place, on his way to Tennessee: but, being alarmed by the rumors which prevailed in that part of the country; he was afraid to proceed, and had halted there. I enquired of Mr. Swartwout whether Mr. Ogden had borne any letters. He said that he had not; but that Lieutenant Spence of the navy had been sent, sometime before, from New Orleans, through the country, with letters from Col. Burr. I proceeded on, and reached New Orleans on the 25th of November, in the evening; and, on the 26th, in the morning, I received this letter from Doctor Bollman. [Here General Wilkinson produced the letter. See note G.] This letter reminds me of a circumstance which I had omitted. The morning after I had received the letter of Doctor Bollman at Natchitoches, I acknowledged the receipt of it in a short note, and informed him that I should be in New Orleans about the 20th. I did not call on Doctor Bollman 'til the 30th. After the ordinary salutations, I enquired whether he had heard of Col. Burr, since his arrival. He informed me that he had not. I asked him whether he had heard of Lieutenant Spence's arrival in Tennessee. He enquired how I came to know any thing of Lieutenant Spence. I informed him that it was through Mr. Swartwout. He assured me that he had sent dispatches for Col. Burr by Lieutenant Spence, and that he had heard of his arrival at Nashville. He then enquired what part I meant to take? I observed that I felt myself delicately situated. It was impossible that I could take any part, while I held my commission; and I was so circumstanced that I could not get rid of it. He asked me what I thought of the competency of the force of the undertaking. I observed that it depended upon a variety of circumstances; such as winds, weather, composition and appointment of the troops, skill in conduct, the resistance of their opponents, and other causes on which the success of military operations depend. But I gave it as my opinion, that I thought the force insufficient. He said that Col. Burr had gone too far to retract; that he had numerous and powerful friends in the United States, who stood pledged to support him with their fortunes; and that he must succeed. He then enquired of me my opinion as to the state of the magazines of provisions in New Orleans. I observed that, if Col. Burr descended with the force proposed, they would starve, unless he brought provisions along with him; for I had before ascertained precisely the quantity then on hand. He said that it was his opinion, also, that there would be a scarcity of provisions; that he had written to Col. Burr on the subject; and that he expected a supply from New York and Norfolk, where Col. Burr had many friends. He said that he had noticed in the public prints the sailing of some vessels with flour; and supposed that they might be destined for that place. I did not see Doctor Bollman, afterwards, 'til the 5th of December, the day after the arrival of the mail; and I called on him to enquire the news. He said that he had seen a letter from Colonel Burr, of the 20th of October, in which he stated that he should be at Natchez, on the 20th of December, with two thousand men; to be followed by four thousand more; and that he could have raised or levied twelve thousand men, as easily as six, if he had thought them necessary. I then informed Doctor Bollman, that, if Col. Burr came to New Orleans, I should oppose him. He replied, they must come there for provisions and equipments. He observed that Col. Burr had great confidence in me; but he did not know what had passed between us; and asked, if I could not make such a defence as would cover my reputation, and still permit him to come. I replied in the negative; and we then parted. Some few mornings afterwards, he called at my quarters: there was a gentleman in the room; and I took him into the Piazza. He said, that he wanted to know my determination. I expressed my surprize; and told him that he knew my determination.

Mr. Hay. While you were thus extracting from Doctor Bollman the secrets of his party, were you taking any measures for the security of New Orleans? Ans. Yes. My orders and instructions will shew what measures I deemed it my duty to pursue. For these I am responsible to the executive of the United States.

Mr. Martin. Are the cyphered letters filed? Ans. Yes. Q. Are the keys furnished? Ans. Here it is.

[Mr. Botts mentioned the situation of Mr. Tazewell who was summoned as a witness on the part of Col. Burr. He said that Mr. Tazewell had represented his family to be such as to require his immediate return home. Mr. Botts observed that, although he had introduced the request of Mr. Tazewell to be discharged, he should be compelled to oppose it. Mr. Tazewell stated that he had been unexpectedly summoned, he well knew, to answer interrogatories as to certain proceedings before the grand jury; that he had just been informed of an occurrence in his domestic affairs, which made it indispensably necessary for him to return immediately; that there were many gentlemen, in this place and its vicinity, of the grand jury, who were as competent to give evidence on the points to which he should be called upon to depose, as he possibly could be; and who would be subjected to no kind of inconvenience in attending. If he were to be examined at all, he requested that it might be immediately done; for the situation of his family was such that he should be compelled to return. The Chief Justice said to Mr. Tazewell, that he knew full well that it was not in the power of the court to discharge him. Mr. Botts said it was impossible to examine Mr. Tazewell 'till General Wilkinson had gone through his testimony. It was not possible to know the importance of his evidence till General Wilkinson was cross-examined. Mr. Hay observed that it was an unprecedented measure to introduce any member of the grand jury to prove what had passed in the jury room. Mr. Botts. We have not said for what purpose we mean to introduce him. Mr. Hay. I presume that I may be permitted to presume for what purpose. Mr. Baker said that he meant to speak generally of the propriety and convenience of giving testimony as to what passed in the grand jury room. One good effect, at least, would result from it: that by introducing witnesses to prove what had passed there, it would prevent people from giving information to the grand jury, which they could not support elsewhere. Mr. Botts called for the key to the cyphered letters of Col. Burr. Gen. Wilkinson handed him a small pocket dictionary, and a paper containing certain hieroglyphics. Mr. Botts. In the duplicate received by Dr. Bollman, there is an erasure. Will you be so good as to explain the cause of it? Gen. Wilkinson. That erasure was made by myself, and the words afterwards introduced by me. I have a deposition which will be more satisfactory than my own explanation. Mr. Botts. Whose deposition? Ans. Mr. Duncan's. [Mr. Wirt read the deposition of Mr. Duncan, for which see note H.] Mr. Botts. When was the erasure made? A. During the sitting of the Legislature in New-Orleans. Q. When were the words restored? A. I cannot now state with certainty. Q. Was the letter exhibited to the Legislature? A. It was introduced: but I confined myself to oral communications. Q. What was the occasion of the erasure? A. To put it out of the power of a certain faction in the Legislature, to whom, at that time, I intended to submit the paper; to conceal it from that faction who were opposed to my measures, and who, I believed, were inimical to the true interests of their country, and were laboring to excite suspicions that I was connected with Col. Burr, in order to destroy the public confidence in me, and thus to defeat my measures. At the head of this faction I considered John Watkins, Esq. the Speaker. Having determined not to submit the letter, I restored the words. Q. Did you prepare any translation to submit to the Legislature? A. No. I only made notes. Q. Did you make a translation for any other purpose? A. Only a partial and imperfect one. Q. For what purpose? A. To understand it. Q. Was there any other occasion for which a translation was made? A. No. Q. Did you make any translation for the executive? A. No. Q. Were those words, "yours post-marked 13th of May is received," erased? A. Yes. Q. Where is the copy of your letter, covering a copy of that of Col. Burr, and your deposition to the President of the United States? A. It is among my papers. Mr. Hay. Do I understand you correctly, when I suppose you say, that the translation intended for the Legislature of New-Orleans, was sent to the President? A. No. [Mr. Hay immediately observed that, on recollecting dates, he perceived that he had misunderstood Gen. Wilkinson: that the letter was sent to the President before the session of the Legislature of New-Orleans.] Mr. Botts. Do I understand you to say that this was your translation of the letter which was intended for the Legislature of New-Orleans? A. No. It was Mr. Duncan's. Mr. Botts. Have you ever sworn that this was a true translation? A. No. Only substantially so. [Gen. Wilkinson. May I be permitted to offer a few words of explanation? When Dr. Bollman was arrested, I will confess to you that I was so little acquainted with judicial proceedings, that I did not know it was necessary to do more than accompany him with a letter of advice. I was about to send him off in this way, when Mr. Duncan suggested to me the propriety of sending forward a deposition to justify his commitment. I put the letter into the hands of Mr. Duncan, with the key; and he made out the interpretation. When Mr. Duncan presented the translation to me, I stated my objections to the omissions. He urged me to sign the deposition. The time was urgent; the express waiting; and I confess that I feared a rescue. This did not give me much time to consult my understanding. If I had; it is probable that I should have resisted the signing of the deposition, with those omissions, notwithstanding my confidence in the judgment and integrity of my counsel. I was, also, at the time, oppressed by domestic afflictions; and my mind was hurried and agitated by the painful and interesting scenes which surrounded me. Mr. Botts. Were there variations between this original letter in cypher, and that sent on to the President? A. Yes. Mr. Botts. Were they noticed by you, or by Mr. Duncan in your presence? A. I suppose so; because I objected generally to the omissions. Mr. Botts. How was the cypher formed? A. It consisted of an American edition of Entick's dictionary, & of Hieroglyphics. Mr. Botts. Which was formed first? A. The Dictionary. Mr. Botts. When was that formed? [Here Gen. Wilkinson referred to a letter, without a signature, dated in 1800; and said he presumed it must have been formed about that time.] Mr. Botts. Do you know the time of the year? A. I presume it was October. Mr. Baker. To whom was that letter addressed? A. To myself. Q. By whom was it written? A. By Col. Burr. [Gen. Wilkinson observed that it was a private letter, to which he had referred merely to refresh his memory, the concluding paragraph of which is, "when I receive your cypher and your address, you shall hear from me." Mr. Wickham insisted upon seeing the letter. Gen. Wilkinson refused; but said it was at the disposal of Col. Burr, and handed it to him.] Mr. Botts. With whom was the cypher formed? A. Col. Burr and myself. Mr. Botts. When were the Hieroglyphics agreed upon? A. To the best of my recollection, the Hieroglyphics which refer to the Alphabet were formed about the change of the administration, after the induction of the President. The Hieroglyphics are divided into two parts; one part relates to the alphabet and figures, & the other part to arbitrary names or designations. Mr. Botts. When were the arbitrary names established? A. I think in the year 1795 or 1796, but not delivered to Col. Burr at that time. Mr. Botts. Who originally devised the cypher? A. That you hold in your hand (the Hieroglyphics) was devised partly by myself and partly by Capt. Campbell Smith. Mr. Botts. Are you sure it was in 1796, in which that part was devised? A. I think I said in 1795 or 1796, but could not ascertain which. But, adverting to the motives which induced me to form it, I think it was in 1794. Mr. Botts. Are there no circumstances which can enable you to ascertain the time? A. I could have proved with certainty, the time, if a witness whom I had summoned had attended. Here is another cypher made by Capt. Smith in 1794: and the Hieroglyphics representing the President and Vice-President are the same with those used in the cypher with Col. Burr. Col. Burr. What was the mode adopted by you of sending round the prisoners? By public vessels? A. No. My plan was to engage passages on board private vessels, and to lay in a double stock of stores for their accommodation. Col. Burr. When did your dispatches go on board the vessel? Can you ascertain the time? A. Not without recurring to my correspondence. Mr. Wirt. You had been for many years in habits of intimate correspondence with Col. Burr? A. Yes.

(To be continued in the next Argus.)