Burr Conspiracy - Arrest

Arrest

In 1805 Joseph Hamilton Daviess, the federal District Attorney for Kentucky, brought charges against Burr, claiming that he intended to make war with Mexico. With the help of his young attorney, Henry Clay, Burr was able to have the case dismissed. In December 1805, President Thomas Jefferson was anonymously informed that Burr "is meditating the overthrow of your administration".

In February and March 1806, Jo Daviess, United States District Attorney for Kentucky, wrote Jefferson several letters warning him of possible conspiratorial activities by Burr. Daveiss’ July 14 letter to Jefferson stated flatly that Burr planned to provoke a rebellion in Spanish-held parts of the West, in order to join them to areas in the Southwest and form an independent nation under his rule. Similar accusations were published against local Democratic-Republicans in a Frankfort, Kentucky newspaper, Western World. Jefferson dismissed Daveiss’ accusations against Burr, a Democratic-Republican, as politically motivated.

By mid-1806 Jefferson and his cabinet began to take more notice of reports of political instability in the West. Their suspicions were confirmed when Wilkinson sent the president correspondence which he had received from Burr. The text of the letter that was used as the principal evidence against Burr is as follows:

"Yours postmarked 13th May is received. I have obtained funds, and have actually commenced the enterprise. Detachments from different points under different pretences will rendezvous on the Ohio, 1st November--everything internal and external favors views--protection of England is secured. T is gone to Jamaica to arrange with the admiral on that station, and will meet at the Mississippi--England---Navy of the United States are ready to join, and final orders are given to my friends and followers--it will be a host of choice spirits. Wilkinson shall be second to Burr only--Wilkinson shall dictate the rank and promotion of his officers. Burr will proceed westward 1st August, never to return: with him go his daughter--the husband will follow in October with a corps of worthies. Send forthwith an intelligent and confidential friend with whom Burr may confer. He shall return immediately with further interesting details--this is essential to concert and harmony of the movement. Send a list of all persons known to Wilkinson west of the mountains, who could be useful, with a note delineating their characters. Ny your messenger send me four or five of the commissions of your officers, which you can borrow under any pretence you please. They shall be returned faithfully. Already are orders to the contractor given to forward six months' provisions to points Wilkinson may name--this shall not be used until the last moment, and then under proper injunctions: the project is brought to the point so long desired: Burr guarantees the result with his life and honor--the lives, the honor and fortunes of hundreds, the best blood of our country. Burr's plan of operations is to move rapidly from the falls on the 15th of November, with the first five hundred or one thousand men, in light boats now constructing for that purpose--to be at Natchez between the 5th and 15th of December--then to meet Wilkinson--then to determine whether it will be expedient in the first instance to seize on or pass by Baton Rouge. On receipt of this send Burr an answer--draw on Burr for all expenses, &c. The people of the country to which we are going are prepared to receive us--their agents now with Burr say that if we will protect their religion, and will not subject them to a foreign power, that in three weeks all will be settled. The gods invite to glory and fortune--it remains to be seen whether we deserve the boon. The bearer of this goes express to you--he will hand a formal letter of introduction to you from Burr, a copy of which is hereunto subjoined. He is a man of inviolable honor and perfect discretion--formed to execute rather than project--capable of relating facts with fidelity, and incapable of relating them otherwise. He is thoroughly informed of the plans and intentions of Burr, and will disclose to you as far as you inquire, and no further--he has imbibed a reverence for your character, and may be embarrassed in your presence--put him at ease and he will satisfy you--29th July."

In an attempt to preserve his innocence and career, Wilkinson edited the letters. They had been sent to him in cypher, and he altered the letter to prove both his "innocence" and Burr's guilt. He warned Jefferson that Burr was “meditating the overthrow of administration” and “conspiring against the State.” Jefferson alerted Congress of the plan, and ordered the arrest of anyone who conspired to attack Spanish territory. He warned authorities in the West to be aware of suspicious activities. Convinced of Burr’s guilt, Jefferson ordered his arrest. Burr continued his excursion down the Mississippi with Blennerhasset and the small army of men which they had recruited in Ohio. They intended to reach New Orleans, but in Bayou Pierre, 30 miles north of New Orleans, they learned that a bounty was out for Burr's capture. Burr and his men surrendered at Bayou Pierre, and Burr was taken into custody. Charges were brought against him in the Louisiana Territory, but Burr escaped into the wilderness. He was recaptured on February 13, 1807, and was taken back to Virginia to stand trial.