Leander, the Marquis did not lose an instant in protesting against the American breach of neutralitythrough General Turreau, the French Minister, since the Marquis had retired to Philadelphia immediately after the confession by Congress that he was absolutely within his rights in remaining at Washington as long as he pleased! And General Turreau reported that Mr. Madison "was in a state of extraordinary prostration. It was with an effort that he broke silence." The Marquis Yrujo had put him in the wrong twice in succession. But Mr. Madison did manage to explain that the President was moving against the culprits in New York. As for Mr. Jefferson, "although [Miranda's] measures were many days in preparation at New York," he was still writing in 1809, "we never had the least intimation or suspicion of his engaging men in his enterprise until he was gone." Anything to the contrary was "impudent falsehoods and calumnies."

And so Colonel Smith was removed from office, and he and Mr. Ogden were indicted for breach of the neutrality laws, after testifying voluntarily to their activities-which was all perfectly proper, unless it was true that the administration had winked at their participation. And this was what the defendants claimed at once-they were tried separately, but both procedures and defences were identical-and issued memorials to Congress, which were tabled, and subpoenas to the Vice President, the Secretary of State, the Secretary of the Treasury, the Secretary of War, the Secretary of the Navy, the Postmaster General, the Spanish Minister, Senator Bradley of Vermont, Rufus King and the

VOL. II-5

President's son-in-law, Thomas Eppes. Colonel Smith filed an affidavit stating that with Mr. Madison's testimony he would prove that the expedition "was begun, prepared and set forth with the knowledge and approbation of the President

and

of the Secretary of State of the United States."

But, Mr. Jefferson ordered the subpoenas to be ignored, on the grounds that attendance in court would interfere with the performance of official duties—a decision strikingly prophetic of his conduct at the time of the trial of Colonel Burr-and the Secretary of State did not appear to explain his dealings with General Miranda, which was perhaps very fortunate for the Secretary of State. But the lawyers for the accused were not slow to take advantage of his absence. "We did expect," Mr. Colden informed the court, "to show you by the most conclusive evidence that the acts of the defendant which are now . . . charged upon him, were done with the sanction and approbation of the President of the United States. . . Had our affairs with Spain taken the course that was expected when Miranda was at Washington, this would have been called a glorious and generous enterprise; and the executive officers of our country would have challenged the approbation and applause of the world for having given it their sanction and encouragement."

And Mr. Hoffman had something to say. "The President countenancing the offence for which Colonel Smith was indicted-the President precipitately removing Colonel Smith from office

ordering the prosecu

tion

the President

interdicting the attendance of witnesses essential to the justification of the defendant. In vain do we seek, in judicial records, for a parallel to such conduct"-but he was to be furnished one not many months later, in the treason suit against Colonel Burr at Richmond. "Did the President . and the Secretary of State approve of and countenance this expedition the man who can doubt it, after hearing this trial, must be obstinate indeed in prejudice. Colonel Smith was willing . . to assist an enterprise which, had it succeeded, would have drawn down the blessings of a rescued nation, and the plaudits of an admiring world. He facilitated it under the express knowledge, unequivocal countenance, and implied authority of Government."

The thing was a matter of considerable public scandal and indignation, and seemed to corroborate John Randolph's recent opinion that Mr. Jefferson and men like him were "whimsicals" who "advocated the leading measures of their party until they were nearly ripe for execution, when they hung back, condemned the step after it was taken, and on most occasions affected a glorious neutrality." And Colonel Smith and Mr. Ogden were acquitted; inevitably in any case, since United States Marshal Swartwout had taken pains to summon "a panel of jurors the greater part of which were of the bitterest Federalists"-a precaution which, in connection with his earlier championing of the "Aristides" pamphlet, eventually lost him his post.

So the Miranda fiasco passed into oblivion; but there would appear to have been concerned in it cer

tain official states of mind such as caused Andrew Jackson to tell his friend Judge Overton-while riding with him to his duel with Mr. Dickinson, in May, 1806-that Colonel Burr would never succeed in his scheme "with Jefferson in the presidency," because the Federalists would assail the venture "tooth and toenail," and then Mr. Jefferson would "run like a cotton tail rabbit.'

CHAPTER V

THE PROMOTER

1

THROUGHOUT the winter of 1805 and 1806 Colonel Burr spent his whole time in the effort to raise men and funds for his western enterprise-in various places, from many different people and in an infinity of ways. One has seen his financial intrigues with Mr. Merry and the Marquis Yrujo; among his personal friends he was no less active and persistent. Matthew Davis, Marinus Willett, the Swartwouts, the Van Nesses, the Edwards relatives, they were all solicited and persuaded to contribute. Commodores Decatur and Truxtun were invited to join the expedition; Charles Biddle was consulted; in the South, during a brief visit to Theodosia in February, Joseph Alston was induced to subscribe.

In the case of Mr. Alston, as in that of most of the private sources which the Colonel approached, the plea for money was made on the basis of western land speculation. Colonel Burr was planning to establish a colony on the great Bastrop Grant-a million acre tract on the Washita River in Louisiana, ceded by the Spaniards to the Baron Bastrop, and