John Adair - Charged With Disloyalty

Charged With Disloyalty

Former Vice-President Aaron Burr visited Kentucky in 1805, reaching the city of Frankfort, Kentucky, on May 25 and lodging with former Senator John Brown. During the trip, he consulted with many prominent politicians, Adair among them, about the possibility of wresting Mexico from Spain. Most of those he spoke with believed he was acting on behalf of the federal government and intended to expand U.S. holdings in Mexico. Adair believed this too, having received letters from his former commander, James Wilkinson, that appeared to confirm it. In 1806, however, Burr was arrested in Frankfort on charges of treason; officials claimed he in fact intended to create a new, independent nation in Spanish lands.

Convinced of his innocence, Henry Clay represented Burr, while Joseph Hamilton Daveiss acted as prosecutor. Harry Innes presided over the trial, which commenced November 11. Daveiss had to ask for a postponement because Davis Floyd, one of his key witnesses, was then serving in the Indiana legislature and could not be present in court. The court next convened on December 2, and Daveiss again had to ask for a postponement, this time because Adair, another witness, was not present. Adair had traveled to Louisiana to inspect a tract of land he had recently purchased there. On his arrival in New Orleans, he was arrested on the order of his former commander, James Wilkinson, then serving as governor of the Louisiana Territory.

Clay had insisted that the trial proceed in Adair's absence, and, the next day, Daveiss presented indictments against Burr for treason and against Adair as a co-conspirator. After hearing testimony, the grand jury rejected the indictment against Adair as "not a true bill" and similarly dismissed the charges against Burr two days later. After his vindication by the grand jury, Adair counter-sued Wilkinson in federal court. Although the legal battle between the two spanned several years, the court found that Wilkinson had no solid evidence against Adair and ordered Wilkinson to issue a public apology and pay Adair $2,500 in damages. Adair's acquittal and successful countersuit came too late to prevent damage to his political career. Because of his association with Burr's scheme, he lost the election for a full term in the Senate in November 1806. Rather than wait for his partial term to expire, he resigned on November 18, 1806.