him to go at the end of November to Chillicothe, where the Legislature was in session, and where he caused a law to be passed, December 2, empowering the governor to use the militia against the conspirators. Had this measure, or one equally energetic, been taken by the President three months earlier, it would have put an end to Burr's projects before they were under way, would have saved many deluded men from ruin, and would have prevented much trouble at New Orleans; but Graham's progress was not quite so rapid, even though late, as it should have been.
Burr had ample warning. November 25 District-Attorney Daveiss renewed his motion in court at Frankfort, and the court appointed December 2 as the day for hearing evidence. Henry Clay became uneasy, and exacted from Burr a written denial of the projects imputed to him. Fortified with this evidence to his own credulity, Clay again went into court with Burr, "for whose honor and innocence," he said, "he could pledge his own," and assailed the district- attorney. A second time the scene of outraged virtue was acted. Once more the witnesses vanished. Senator Smith saddled his horse and fled; Adair would not appear; and the judge lent his weight to the criminal. To crown all, December 5 the grand-jury of twenty-two persons signed a paper declaring that they could discover nothing improper or injurious to the interests of the United States government in the conduct of Burr and Adair. Burr was discharged,
