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GEN. JAMES WILKINSON AND OF HIS CONNEXION WITH AARON BURR. [“Proofs” Pages 1-20] Daniel Clark  1766-1813 |
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GEN. JAMES WILKINSON AND OF HIS CONNEXION WITH AARON BURR. [“Proofs” Pages 1-20] Daniel Clark 1766-1813 |
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Each section below reflects a true page of this historical publication. Note links refer to the letters and documents that Daniel Clark used as evidence of his former friend's treachery. People and place-name links are to biographical and geographical pages in Encyclopedia Louisiana. Time links are to the Encyclopedia Louisiana Timeline. |
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PROOFS
OF THE CORRUPTION OF GEN. JAMES WILKINSON. AND OF HIS CONNEXION WITH AARON BURR, WITH A FULL REFUTATION OF HIS SLANDEROUS ALLEGATIONS IN RELATION TO THE CHARACTER OF THE PRIN- CIPAL WITNESS AGAINST HIM. BY DANIEL CLARK, OF THE CITY OF NEW ORLEANS Itard antecedentem scelestum Deseruit pede paena claudo HOR. Justice, tho' slow is sure: vengeance O'ertakes the swiftest villain's guilt. WM. HALL, JUN. & GEO. W. PIERIE, PRINTERS, NO. 51, MAR KET-STREET, PHILADELPHIA. 1809. |
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Advertisement. THE originals of all documents, cited as such in the following work, except the copies from the records of the Supreme Court in the affair of the Grand Sachem, which are of course in the office, and the papers laid before Congress, which are in the hands of the Clerk, are lodged with Mr. D. W. Coxe, in Philadelphia, who will shew them to any person desiring an inspection of them. The Reader will find the English translations immediately following the French and Spanish documents contained in the Appendix. |
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WHATEVER pleasure is derived from the punishment of crimes, it is always
painful to become the instrument of inflicting it. It was therefore
with regret that I found myself called on to lay before the house of
representatives the information I possessed of General Wilkinson's treachery
and corruption. This regret was heightened by the idea that a part at
least of my information had been acquired from the voluntary confession
of the party accused, and a breach of confidence was so repugnant to
my feelings that although the confidence was unsought, but rather pressed
upon me to prevent, I believe, a disclosure of facts I knew before knew,
yet a strong sense of duty alone could have induced me to obey the call
of the house. I complied with it; and my evidence established a direct
confession of guilt. Little foresight was necessary to discover that
this would expose me to every attack that could be made upon my reputation
- it was verified by the event; every crime on the catalogue of human
depravity was immediately imputed to me, and the basest and most contemptible
arts were used to procure evidence to support them; they were used,
however, with so little success, that although in a moment of warmth
I had thought it necessary to promise the public a refutation of the
charges, I yet. On a cooler consideration of their absurdity, had nearly
determined to treat them with silent contempt. I thought that the motives
of my calumniator would be plainly perceived, and that a character,
which was found- |
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ed in a virtuous education, and formed by the habitual attention to
its precepts, could not be injured by the unsupported accusations of
a wretch weighed down still more by profligacy and crimes than by years,
and sinking under a pressure of public abhorrence and contempt. I was
moreover convinced that in vindicating myself I should be obliged to
undertake the disgusting task of pursuing my accuser through all the
mire of speculation and vice in which he had endeavored to conceal his
treason and corruption. My aversion to this office would have induced
me to remain silent, if I had not reflected that the unaccountable favor
granted to general Wilkinson by the executive might, among the partisans
of the president, outweigh the strong proof of his guilt, and that every
doubt on that subject must create one of my veracity. |
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pleting his treason. At the moment I write this, James Wilkinson's arrival is hourly expected; by special direction of the government preparations are making to receive him with a pomp and splendour which the United States have heretofore shown only to a saviour of his country. He comes as a commander in chief of the place, where but a few years since he arrived, first to sign the pact of his dishonour, and afterwards to receive the yearly wages of infamy—where the notoriety of his guilt will make him fear a witness in every inhabitant of the country—where he may with facility renew his ancient engagements, or make others that will be more efficacious for the success of his schemes. The important province of Louisiana will in a few days be at the disposal of a man who by a close, long laboured system of corruption is known to have bargained for the sale of the western states. I say at his disposal, for the civil power of this territory, as now administered is worse than nothing in the scale; the little force it has will be immediately surrendered and forced to operate its own destruction; and there is no salvation for the country, but such an appeal to the people as will force conviction on the government; such a demonstration of his guilt as must drive the most prejudiced to abandon his defense, and such an exposition of his treachery, as will deprive him of the means, now strangely afforded him, of renewing it. A few weeks will place at the head of the executive a man whose mind will, I trust be open to conviction, and who will not suffer his country to be degraded by continuing a traitor in |
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office, or her soldiers any longer to be led by the pensioner of a foreign power. This is my object in the present publication; to attain it I shall show, 1st. That general Wilkinson, from the year 1794 to 1803, certainly was, and probably is yet a pensioner of the Spanish government. 2nd. That his object was a treasonable attempt to sever the union of these states. 3rd. That he knew, favored and advised the enterprises of colonel Burr, and never resolved to be treacherous to his accomplice, until he could no longer with safety be so to his country. It is possible that my personal knowledge of his treason and corruption induces me to suppose the other proof more conclusive than it is; but unless I err greatly err, there will be no occasion to recur to my own testimony to establish his guilt. Much of the evidence now offered has already appeared before the public, but with out order and at considerable intervals of time, frequently without such remarks as were necessary to make it intelligible, and never accompanied by any that would show the manner in which the different documents elucidated each other and supported the testimony of the witnesses. My objective not to supply this defect, to give the evidence at one view, to show how it applies to the different charges, and then let an enlightened and impartial public decide whether the testimony I was forced to give was a malicious calumny, or a simple narration of the facts as they occurred—whether I am a false accuser, or he a hired betrayer of his country. I submit to this alternative, although I cannot |
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but lament, that the strong presumptions if not the positive proof long since in the hands of the executive power, were not deemed sufficient to have precluded the necessity of this task being performed by an individual. Let be remembered that the man I accuse is commander in chief of the Armies of the United States—that he is supported by the strongest marks of presidential favor—that after he was openly accused, and after my testimony and that of others was heard, he was continued in command, and that more forcibly to express contempt for the accusation and confidence in the accused, he is sent to the very scene of his alleged corruption—is placed with the fullest powers in that very country which it is alleged he wished to sever from the union, and where the freest intercourse is afforded with his former corrupters; a private individual carries on a very unequal warfare against a man thus supported, thus invested with the power to screen himself and assail his accusers. Witnesses are with difficulty persuaded to appear; documents are withheld; and in this country particularly, where the laws have been so grossly violated by this very man with impunity, the fear of military execution has I know, prevented my obtaining much evidence which would have supported a prosecution, carried on under the sanction of the government. If therefore under these disadvantages I should do no more than raise such violent presumptions of guilt as to throw the burden on the accused, it would be enough in so serious a charge to justify the active researches of government. More has been done |
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and yet all is quiet; no investigation is made by the proper officers: corruption rides triumphant in the car of office—treason rears its head adorned with the trappings of command, But the pageant is nearly past. Unaided as I have been, abandoned as I am by those whose duty it was to take the lead in the inquiry, I have fortunately for my country succeeded; and when this evidence is published, not a doubt will remain—conviction will flash on every mind. But the arrogant offender will not engross the public indignation. A strict account will be demanded of those who have thus trifled with the dignity of the nation and endangered its existence. Previous to 1787, the Port of New Orleans was shut against the settlers on the Ohio; their crops were more than sufficient for their own supply, but agriculture could not long flourish without a vent for its productions. The greatest discontent began to prevail, and little relief was then expected from a government then too feeble to effect it. General Wilkinson had migrated, as he says, to that country some years before, being then, as we learn from the dame source, in moderate if not indigent circumstances in the year 1787 he planned and executed the project of opening a trade between the western country and New-Orleans, seconded by some merchants in that city. He impressed the government with a high idea of his influence in Kentucky, and used means (which in his own language it would not be necessary nor obligatory nor honourable to detail) in order to procure for himself the exclusive trade between Kentucky and New-Orleans. On this mono- |
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poly the general does not scruple to found the assertion, “that at his own risk and expense he had procured for his fellow citizens in the west the invaluable privileges of a free trade with New-Orleans.” I prove these facts by a publication called PLAIN TALE, and signed A KENTUCKIAN, which is found in Note No. 1. This pamphlet is acknowledged to be the general's by a letter in which he enclosed it to me (Note No. 2). But it wanted no acknowledgment, the general's style is imitable and sets forgery at defiance. My account of his first expedition, which is annexed to his justification, is referred to by him as a true statement, and that account expressly states the privilege he obtained to have an exclusive one. This transaction was in 1787. For some time previous to this period general Wilkinson had been trading in partnership with Isaac B, Dunn, in Kentucky. He continued unconnected as is believed with any person until the 8th of August 1788, when a partnership was formed between Wilkinson and Dunn of the one part and Daniel Clark the elder of the other part. These articles will be found at length, (No. 3,) and they established a community of interest between the parties in a trade to be carried on between Kentucky and New-Orleans. Mr. Clark was my near relation and residing at New Orleans, and of course had the disposal of all the produce that was sent down by his partners in Kentucky. I was then his clerk, and had an intimate knowledge of the affairs of the concern—the books are now in my possession, |
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and important extracts from them will be hereafter referred to. This partnership was dissolved by mutual consent on the 18th of September, 1789, as appears by gen. Wilkinson's declaration of that date (Note 4). The connexion between Wilkinson and Dun was also dissolved about the same time by the death of the latter. Wilkinson then connected himself with Mr. Peyton Short, and their enterprises having proved unfortunate, Wilkinson in 1791 resumed his military career. Unable to brook a superior, or more probably afraid that the nature of his Spanish connexions would be discovered by his vigilance - the whole period of general Wayne's command was marked by conduct on the part of Wilkinson which was in the language of gen, Knox considered as “tarnishing the military reputation of our country.” (Vide extracts annexed to the Plain Tale). In 1797 he attained the object of his intrigues and was placed at the head of the army. Here he has continued ever since, and in 1803 had the office of commissioner for receiving the transfer added to his former trust. In this character he visited New Orleans and resided some months among his old acquaintances and friends. His subsequent appointment to the government of Upper Louisiana, his Sabine campaign, his meritorious services at New Orleans, and his later movements, are too notorious to need repetition. It was necessary, however, to give this short sketch of his commercial and military life during the last twenty years, in order to take a distinct view of the testimony as applicable to the different periods of his history. |
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The precise period at which gen. Wilkinson was enrolled among the pensioners of Spain I cannot designate by any positive testimony - a strong presumption, however, may be drawn from the confession contained in the pamphlet before quoted. He tells us that the monopoly of the trade was acquired by means which it would not be honourable to detail. The general seems to think, however, that dishonour would be attached to the disclosure, but none to the act: The world will be of a different opinion, and stamp corruption with the mark of infamy by whatever means it may be discovered. It cannot be imagined that he meant by this phrase to say he had sold himself to obtain the monopoly; he only wishes the world to understand that the privilege was gained by bribing the governor of Louisiana, and that his delicacy was too great to betray him. The general stands much in need of this kind of indulgence, and wishes to set an example of discretion to the Spanish officers—a want of it on their part he knows would ruin him forever. But let any one consider the circumstances of the transaction, and then ask himself what kind of bribe was offered—what equivalent was paid for this treaty of commerce and navigation? The Spanish government at that time refused to acknowledge the slightest pretext of the right in the U. S. to navigation of the Mississippi. Our government considered their own pretensions, or their means of enforcing them, so weak that it was proposed in their counsels to abandon the exercise of the right for 25 years, in order to have it acknowledged after that period. This was a favorite point with the |
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Spanish government. Their minister was intriguing in the U. S.—their cabinet was at work in Europe, and while every engine was set at work to block up the navigation of the Mississippi, it can be supposed that a few thousand dollars paid to a governor of New Orleans would have counteracted these important projects, or that he would have dared to hazard his office and his life for any pecuniary consideration an individual has to offer? By his own story he came poor to Kentucky in the latter part of the year 1783, in the beginning of 1787 he went to New Orleans. Three years of the most favourable on a very small capital, in a country professedly poor, and having no outlet for its produce, could not have put Mr. Wilkinson in a situation to offer an equivalent in money to a Spanish governor for the risk of his place, his fortune and his fame. But his commerce was not favourable, his “hopes” were, by his own confession, “jeopardized, and he determined to look abroad for what he had not found at home;” which I suppose in English means that he was bankrupt, and that being afraid of his creditors in Kentucky he went down the Mississippi to seek his fortune and avoid their suits. It is clear, then, from these circumstances, that Wilkinson could not offer, nor could the Spanish officers have received money; what then were the respective considerations of this bargain, this grant of the whole trade of the Ohio to New Orleans? Plainly, then, that the trade of the country should be libera- |
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ted at the expense of the allegiance of the inhabitants—and as Wilkinson was represented as a man of great influence, the monopoly was put in his hands; and probably the pension was then given and paid in advance as a capital to commerce trade. No other explanation can reconcile the caution of the Spanish character, especially in affairs of state, with the decisive step taken by Miro and persevered in by his successors, of yielding the object of national contention without orders and without struggle, At this period too the cypher was formed. We have it from the general himself; and by a fatality of expression he calls this “his first engagement.” (b) It must be confessed, that whether he intended to express a connection in contraband or treason, this was the kind of engagement with which the general was most familiar. The manner in which this cypher is spoken shows that it was for some purpose of corruption. It was formed, says Wilkinson, at the time of "his first engagement" that is, in 1787, with a Spanish governor, and is transmitted four years afterwards among the arcane of the office, to his successor it is used by him and again delivered with the archives. For what purpose was this cipher formed? "More for the security of the communications or my friend than my own," says gen. Wilkinson. But why did those communications require secrecy? If only the connection was that which arose out of the permission to trade, it would have required, no subsequent communication |
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whatever. The permission once given, the monopoly once settled, the bribe as is insinuated once paid, the thing was at an end; no further correspondence was necessary, at least none in cipher. It would have been a superfluous trouble for the Baron de Carondelet to pore over a pocket dictionary for three hours in order to decypher the important intelligence, that on such a day a scow filled with hogs or a boat load of tobacco might be expected in town. If the object were mere friendly correspondence, there might be some reasons for the precaution, and it might not be improper to hide the delicate effusions of these congenial souls from the indiscreet eye of the public. But why then was the little dictionary handed over to the successor, when the "general's friend left the country?" This friendship, however, was probably an appendage to the office, and the little dictionary a talisman that kept the general's affections always fixed upon its possessor. The connection was thus formed, and the means of continuing it thus secured, Mr. Wilkinson returned through the Atlantic States to the Ohio. He probably laboured zealously in his new mission, for in spite of the monopoly his own affairs went to wreck, and those of his newly adopted country flourished. The seeds of disaffection were sown bay a skillful hand, and men who then stood high in the estimation of their country, are now discovered to have been hirelings of Spain. Hitherto my proofs have been presumptive, and such only as might be expected from secret na- |
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ture of the crime. I come now to tread on surer ground, and will clearly prove the payment of five different sums of money to gen. Wilkinson by the late Spanish government, amounting to 34,563 dollars. I will prove negatively, that no part of this was on account of tobacco or any other commercial speculation, and then affirmatively, that they were the wages of his treason. In 1789, he visited New-Orleans a second time, and returned by land, carrying with him a sum of about 6000 dollars in silver, loaded on two mules, and accompanied by Mr. Philip Nolan, and preceded, I believe, as far as Natchez, by Mr. Joseph Ballinger, both of them his confidential agents, as will appear by a number of documents referred to in the course of this inquiry. But before their arrival in the American Settlements, the general thought it prudent no longer to accompany his treasure, It was therefore confided to Ballinger, who carried it to his own house, while the general and his faithful Nolan rode on to Frankfort, Joseph Ballinger having fallen sick was obliged to transfer his trust to his brother John, who after some days of anxious expectation on the part of the general, arrived in Frankfort, delivered the money to Wilkinson and took his receipt, which is still in existence, and will probably be printed in an appendix to this work. The arrival of Joseph Ballinger at his own house with the money, and the subsequent delivery of it to Wilkinson, are proved by the testimony of John Ballinger, (Note No. 5.) His being accompanied by Nolan is added, and the other circumstances corroborated by the letter of Evan Jones, Esq. (No. 6.) |
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From 1794 to 1794, if any remittances were made they have eluded detection. But in that year, we have the clearest evidence that a sum of 6ooo dollars was sent to be delivered to him, and though it was lost on the route, yet from a complaint in one of his letters we should judge that the shipment was on his account and risk. Finding the means of transmitting the money difficult. Or the agents unfaithful, or the suspicions of Wayne awkward, or from some other cause, the general found it necessary to dispatch a special messenger to receive the subsidy, It pitched upon Mr. Owens, a gentleman who had been driven by disappointment from society and who was pursued by poverty in his retreat. His wants induced him to undertake the mission and from his character Wilkinson knew that he might rely on his fidelity. He deserved a better employment and a better fate: for having received the sum of 6000 dollars he was sent up the river in a public galley to the mouth of the Ohio, he there embarked in a perogue with six Spanish sailors, furnished by the commandant of the galley to go up the Ohio, and was a few days afterwards robbed and murdered by his crew. The whole of this transaction is circumstantially related by Mons. Francois Langlois, now an inhabitant of this territory, then the commander of the galley in which Owens was conveyed. (No. 7.) To corroborate his testimony are added extracts of two letters from the Baron de Carondelet to Mr. Langlois, relative to this transaction and to the capture of the murderers. One or more of them wee tried for this crime, and |
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the trial gave publicity to the object of Owen's voyage, which, by the affidavit of Mr. Bouligny (a planter of this province, formerly adjutant major of the Louisiana regiment, and now a member of the territorial legislature,) appears to have been very publicly known, and the general's character duly appreciated.—(See No. 8.) Grieved for the loss of his money, and alarmed lest the trial of the murderers in the United States should lead to disagreeable investigations, general Wilkinson determined to use every exertion to apprehend and deliver them to the Spanish government, One named Vexerano was taken, tried and condemned at New-Orleans. Another escaped, but was afterwards taken near the same place, and underwent the same fate. One who had not participated in the crime, immediately after it was committed left his companions and fled to New-Madrid. The other three, after wandering some time in Kentucky, were taken and confined, but were enlisted by lieutenant Smith, and as there was no evidence against them, they were suffered to join the army; but general Wayne hearing their history, ordered them to be discharged, and reprimanded the officer for enlisting them; after this Wilkinson, by means which are not known, procured them to be transferred to Fort Washington, where he engaged Mr. Charles Smith, of Kentucky, to convey them to New-Madrid. They were chained and put on board a boat for that purpose, but on his way down Smith attempted to pass Fort Massac at night, but was stopped by major Doyle, who commanded there, |
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and who not knowing by what authority Wilkinson sent his men in irons to a Spanish commandant, refused to let them proceed—but sent an officer with Smith to major Portal, at New-Madrid, requesting to be furnished with an interpreter to examine the prisoners, and to furnish such proofs as might be necessary to convict them on their trial in the American territory. Smith bore an order from Wilkinson on the commandant for 500 dollars, for the conveyance of the prisoners. This however was protested but Mr. Power was sent as an interpreter to examine them. It not being the interest of the Spanish government that the affair should be investigated, no proof was sent on, and, and the men, after some months' confinement, were discharged for want of evidence. Most of these facts subsequent to the murder of Owens, are of public notoriety. The whole is detailed circumstantially in the affidavit of Mr. Powers, (No. 9,) and the names of the persons having an agency in the business being mentioned, reference may be had to them in case the charge is more seriously investigated. In the same year, to divide the risk, another remittance was made by sea, amounting to 6333 dollars and entrusted to Mr. Joseph Collins, another of the general's confidential agents. On this point it must be confessed that the proof is not such as would be received in a court of justice, but it carries with it internal evidence of its truth, and may be rendered certain whenever government shall be seriously disposed to ascertain the truth of these charges. |
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Mr. Collins lives at Pascagoula in the Spanish territory. He was applied to for an affidavit stating his agency in the business, but refused through fear of offending the officers of his government, to whom at the request of Wilkinson he had already given a declaration under oath of the whole transaction. Though taken evidently for the purpose of favouring Wilkinson, this declaration would throw light on the subject, but it will never appear; for Collins has declared that, as far as it went, it contains the truth. The gentleman who called in Collins, obtained from him verbally a statement of the following facts—That he was sent by Wilkinson in the year 1794, with Owens to New-Orleans, with a sealed packet for governor Carondelet. That in its consequence of the orders contained in this letter, 6000 dollars were delivered to Owens, and 6333 to him (Collins,) with which he embarked at the Bayou St. John's, went to Charleston, and in August, 1795 delivered his charge to general Wilkinson at Cincinnati on the Ohio. He asked for a receipt. This was refused but he called on Mr. John Brown, of Kentucky, who happened to be there, to witness that he had settled his accounts with Collins, and that he owed him nothing, These facts are stated in a letter from general Adair to me, (No. 10,) and the evidence is corroborated by a copy of the receipt which Collins gave for the money, to the contedor of the Spanish territory, in these words: "Received from Gilbert Leonard, 6333 dollars, for the use of general James Wilkinson, which I promise to deliver to him, the risk of the seas, &c. excepted," It may be objected that this is only hearsay |
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testimony. It is so, but it may be rendered authentic whenever general Wilkinson shall please to publish the affidavit taken at his request before governor Folch, or whenever our government takes measures to compel the attendance of witness. In the mean time, it is corroborated by the fact, that Collins was the known agent of Wilkinson; by the positive testimony which has already detailed in that part of the story which relates to the division of the sum between him and Owens; and by the following statements: First the deposition of Mr. Miller, a very respectable and intelligent planter on the Red river, who in his deposition (No. 11.) states, that he saw Collins at the time of his embarkation from New-Orleans, who had then just returned from the OHIO; that he saw the money put on board; that Collins mentioned the sum and told him it was for Wilkinson, and that by a very extraordinary favour of government it was suffered to be embarked openly. Secondly, by the certificate of captain Sterrett, late of the U. S. Army, who states that Collins gave him, at another period, the most minute details of the of the difficulties he had to encounter in the transportation of this sum. (See No. 12.) Here is then positive of the delivery of this sum to an agent of general Wilkinson, and the strongest circumstantial presumptive evidence of its being for his use. The evidence on which the next payment rests, would I confess, be weak in any other case. It is that of the general himself. In a letter dated August the 7th, 1795, to general Adair, (No. 13,) he says, “of the 6590 dollars received for me in New-Or- |
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