CHAPTER XVIII.

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The preceding correspondence not only introduces the reader into the social circle of Colonel Burr, but into the bosom of his family. It develops his character, so far as the most sacred and confidential communications can develop it—as a friend—a husband—a parent—and a master. We are approaching a period, however, in his history when the scene is to be changed. In the spring of 1794 Mrs. Burr died; and in 1801 his daughter was married, and removed to South Carolina. Thus terminated, in a great measure, all those domestic relations and enjoyments which had afforded him so much pleasure, and connected with which be had indulged the best feelings of his heart.

Colonel Burr was a member of the Senate of the United States from the 4th of March, 1791, until the 4th of March, 1797. During this period he continued to practise the law. He was in that class of his profession to which belonged a Hamilton, a Harrison, and a Livingston. The partiality of some of his friends may have placed him at the head of the bar. His opponents ranked him second only to their particular favourite. As a speaker, Colonel Burr was calm and persuasive. He was most remarkable for the power which he possessed of condensation. His appeals, whether to a court or a jury, were sententious and lucid. His speeches, generally, were argumentative, short, and pithy. No flights of fancy, no metaphors, no parade of impassioned sentences, are to be found in them. When employed on the same side of a cause with General Hamilton, it was his uniform practice to permit that gentleman to select his own place in the cause.

It has often been remarked that Colonel Burr's character could not be better drawn than it is in a short sketch of his father, by Governor Livingston. "Though a person" (says the governor) "of a slender and delicate make, to encounter fatigue he has a heart of steel; and, for the despatch of business, the most amazing talents, joined to a constancy of mind that ensures success in spite of every obstacle. As long as an enterprise appears not absolutely impossible, he knows no discouragement; but, in proportion to its difficulty, augments his diligence; and, by an insuperable fortitude, frequently accomplishes what his friends and acquaintance conceive utterly impracticable."

In the year 1793 Albert Gallatin was appointed a senator of the United States by the State of Pennsylvania. On claiming his seat in January, 1794, a petition was presented against his admission into that body, on the ground that he had not been a citizen the requisite number of years. The subject was referred to a committee of seven. Their report elicited a warm debate, which continued for several days. Colonel Burr took an active part, and greatly distinguished himself in support of Mr. Gallatin's claim. His colleague, Mr. King, had taken the lead against the right of Mr. Gallatin to a seat. John Taylor, of Caroline, Virginia, addressed a note to Colonel Burr, in which he says—"We shall leave you to reply to King: first, because you desired it; second, all depends upon it; no one else can do it, and the audience will expect it."

On the 28th of February, 1794, the Senate "Resolved, That the election of Albert Gallatin to be a senator of the United States was void, he not having been a citizen of the United States the term of years required as a qualification to be a senator of the United States."—Ays 14, nays 12.

On the 20th of February, 1794, the Senate adopted a resolution, declaring that their galleries, at the commencement of the next session, should be opened while the Senate were "engaged in their legislative capacity." For this, or a similar resolution, Colonel Burr had voted at every previous session since he had been a member.

His personal respect for John Jay has been heretofore mentioned; but on no occasion did he permit such feelings to interfere with his political acts, when called upon to perform a public duty. On the 16th of April, 1794, the president nominated John Jay, then chief-justice of the United States, as envoy extraordinary to Great Britain. On the 19th, when the nomination was called up for consideration, Mr. Burr offered the following resolutions—

"Resolved, That any communications to be made to the court of Great Britain may be made through our minister now at that court with equal facility and effect, and at much less expense, than by an envoy extraordinary; and that such an appointment is at present inexpedient and unnecessary:

"That to permit judges of the Supreme Court to hold, at the same time, any other office or employment emanating from, and holden at the pleasure of, the executive, is contrary to the spirit of the constitution; and, as tending to expose them to the influence of the executive, is mischievous and impolitic." Ays 10, nays 17.

The nomination was then confirmed by a vote of 18 to 8, Mr. Burr voting in the negative. This vote, it was understood at the time, gave pain to Mr. Jay. In a letter to his lady, dated the 20th of April, the judge says—"Yesterday the Senate approved of the nomination by a great majority. Mr. Burr was among the few who opposed it."

About this period the democratic party were highly incensed against the president for continuing Gouverneur Morris as a minister to the French Republic. The Executive Provisory Council had requested his recall. He was considered a monarchist, and hostile to the revolution. Many of the opposition senators had spoken with great freedom of the policy of General Washington in this particular. These remarks having been communicated to the president, he expressed, informally, a willingness to recall Mr. Morris, and to nominate a member of the opposition, if they would designate a suitable person. In consequence of this suggestion, the democratic members of the Senate, and some of the most distinguished members of the House, had a conference, and resolved on recommending Colonel Burr. Mr. Madison, Mr. Monroe, and another member of Congress whose name is not recollected, were delegated to wait on the president and communicate the wishes of the party.

General Washington paused for a few moments, and then remarked, that he had made it a rule of life never to recommend or nominate any person for a high and responsible situation in whose integrity he had not confidence; that, wanting confidence in Colonel Burr, he could not nominate him; but that it would give him great pleasure to meet their wishes if they would designate an individual in whom he could confide. The committee returned and reported the result of their conference. The senators adhered unanimously to their first nomination, and the same delegates waited upon the president and reiterated the adherence of their friends to Colonel Burr. Whereupon General Washington, with some warmth, remarked that his decision was irrevocable; but immediately added, "I will nominate you, Mr. Madison, or you, Mr. Monroe." The former replied that he had long since made up his mind never to leave his country, and respectfully declined the offer. They retired, and reported the result of their second interview. The democratic gentlemen were not less inflexible, and instructed their delegates to say to the president that they would make no other recommendation. On the third visit they were received by Mr. Randolph, secretary of state, to whom they made the communication, but who considered it indecorous, knowing the president's feelings, to repeat the message.

This incident demonstrates, on the one hand, the strong and unchangeable prejudices of General Washington against Colonel Burr; and on the other, the firm and unbounded confidence reposed in him by the democracy of those days. The anecdote is not related on the authority exclusively of Colonel Burr. It is confirmed by the written statement of a gentleman of high standing, to whom Mr. Monroe repeated all the details. No other selection was made by the opposition senators; but, on the 27th of May, 1794, James Monroe was nominated as Minister Plenipotentiary to the French Republic.

On the 8th of June, 1795, the president submitted to the Senate of the United States the treaty negotiated with Great Britain by John Jay. This question called into operation all the powers of Mr. Burr's mind. He was opposed to it in the form it had been negotiated. His views and opinions may be distinctly understood by comparing the amendments which he proposed with the original treaty. On the 22d June the Senate resumed the consideration of it, whereupon he offered the following resolutions:—

"That the further consideration of the treaty concluded at London the 19th of November, 1794, be postponed, and that it be recommended to the President of the United States to proceed without delay to further friendly negotiation with his Britannic Majesty, in order to effect alterations in the said treaty in the following particulars:——

"That the 9th, 10th, and 24th articles, and so much of the 25th as relates to the shelter or refuge to be given to the armed vessels of states or sovereigns at war with either party, be expunged.

"2d Art. That no privilege or right be allowed to the settlers or traders mentioned in the 2d article, other than those which are secured to them by the treaty of 1783 and existing laws.

"3d. Art. That the 3d article be expunged, or be so modified that the citizens of the United States may have the use of all rivers, ports, and places within the territories of his Britannic Majesty in North America, in the same manner as his subjects may have of those of the United States.

"6th Art. That the value of the negroes and other property carried away contrary to the 7th article of the treaty of 1783, and the loss and damage sustained by the United States by the detention of the posts, be paid for by the British government—the amount to be ascertained by the commissioners who may be appointed to liquidate the claims of the British creditors.

"12th Art. That what relates to the West India trade, and the provisos and conditions thereof in the 12th article, be expunged, or be rendered much more favourable to the United States, and without any restraint on the exportation, in vessels of the United States, of any articles not the growth, produce, or manufacture of the said islands of his Britannic Majesty.

"15th Art. That no clause be admitted which may restrain the United States from reciprocating benefits by discriminating between foreign nations in their commercial arrangements, or prevent them from increasing the tonnage or other duties on British vessels on terms of reciprocity, or in a stipulated ratio.

"21st Art. That the subjects or citizens of either party be not restrained from accepting commissions in the army or navy of any foreign power."

In 1797, while Colonel Burr was yet a member of the United States Senate, his mind was occupied with the project of a bank, and he conferred with several of his personal friends on the subject. Among others, he wrote the honourable Thomas Morris, who was at the time a member of the state Senate.

TO THOMAS MORRIS.

New-York, 1st February, 1797.

SIR,

I have been informed that the present sheriff of Dutchess either has resigned or will decline a reappointment, and that Platt Smith is among the candidates. I have very little personal acquaintance with Mr. Smith—am not, indeed, certain that I should recognise him if I should meet him; but I have long known him by reputation, and can assure you that he is a man of irreproachable character, of independent property, and much above ordinary in point of intelligence. His connexions are very influential (perhaps the most so) in that county. He is, in short, a man, in my opinion, every way qualified to fill the office. Has always been of your party, and supported Jay's election. He is withal a generous, manly, independent fellow, of that cast which you like; one who will feel sensibly any favours or civilities which may be done him. If you should not be otherwise pledged, you will oblige several of your personal friends by supporting his pretensions.

I have drawn out a plan for a bank, but find that it will require so many explanations that I forbear to send it. I perceive that you are about selling our stock in the funds of the United States. We have already talked over this matter. The more I reflect, the stronger appear the objections. It will doubtless be urged in favour of an immediate sale, that our funds are in danger of seizure by the United States. This is a mere bugbear. Such a thing will never again be even proposed, and, if proposed, will never receive three votes in the Senate. I hope, therefore, our legislature will not suffer themselves to be precipitated into this sale from any such unfounded apprehensions.

Mr. Belasies, a gentleman, a man of education and fortune, by birth an Englishman, has come out with his family to reside in this country. If he should apply for leave to hold lands in this state, I hope he may be gratified; from the little I have seen, and the much I have heard of him, I am persuaded that he will be a valuable acquisition to any state and to any society. He is no politician.

I return to-morrow to Philadelphia, where I shall remain for this month. May l expect to see you here in the spring? Present me most respectfully to Williamson, and be assured of my esteem and attachment.

A. BURR.

In April, 1798, Colonel Burr was elected a member of Assembly for the city and county of New-York by the democratic party. This year was marked with more political virulence than any other year since the independence of the country. It was during the year 1798 that the alien and sedition laws were passed. In the autumn of 1798, Matthew Lyon, then a representative in Congress from Vermont, was endicted for harbouring an intention "to stir up sedition, and to bring the president and government of the United States into contempt," &c. He was convicted, and the sentence was—"Matthew Lyon, it is the pleasure of this court that you be imprisoned four months, pay costs, and a fine of one thousand dollars, and stand committed until the judgment be complied with." This year the celebrated mission to France, consisting of Messrs. Marshall, Pinckney, and Gerry, excited the attention not only of the American people, but of the civilized world. In short, this year the foundation was laid for the overthrow of federal power in the United States.

In no section of the country was there more political excitement than in New-York. Parties were nearly balanced. There were only two banks in the city; the Bank of New-York, and the branch of the United States Bank. They were charged with being influenced in their discounts by political considerations. At all events, they were under the management and control of federalists; and to counteract their alleged influence, Colonel Burr was anxious for the establishment of a democratic institution. With this view he proposed to obtain a charter for supplying the city with water; and as it was certain that if confined to that particular object the stock would not be subscribed, he caused the application to be made for two millions of dollars, and inserted a clause in that charter, that the "surplus capital might be employed in any way not inconsistent with the laws and constitution of the United States or of the State of New-York." It is under this clause that the Manhattan Company use and exercise all the privileges of a bank. The directors were named in the charter, and a majority of them were of the democratic party.

It has been said that the charter was obtained by trick and management; and that, if suspicion bad been entertained by any of the federal members, Colonel Burr could not have got the bill through the legislature. It is due to him, so far as it can be justly done, to rescue his memory from the imputation of having misrepresented or misstated to any member the object he had in view. The facts in reference to the passage of the charter of the Manhattan Company through the Senate will now be given. The statement is upon authority that cannot be contradicted.

When the bill had passed the Assembly and was sent to the Senate, Colonel Burr, during the hours of business, went into the Senate Chamber, and requested a federal senator (now living) from the western district to move a reference of that bill to a select committee, to report complete, which would supersede the necessity of its going to a committee of the whole. The senator replied, that though he had no objection to make the experiment, yet that he was persuaded the motion would not prevail, because the Senate, not having a press of business before them, uniformly refused thus committing bills to select committees instead of a committee of the whole. Colonel Burr then suggested, that perhaps if the mover would intimate, while on the floor, that the honourable Samuel Jones was contemplated as chairman of that committee, the confidence which the Senate was known to repose in him, and in his uniform attention to every thing relating to the city of New-York, would perhaps induce the Senate on this occasion to depart from its accustomed mode of proceeding. Accordingly the motion was made, and passed without opposition.

The committee named by the honourable Stephen Van Rensselaer, then lieutenant-governor, were Samuel Jones, Ambrose Spencer, and Thomas Morris. It was suggested to one of these gentlemen that the part of the bill authorizing the employment of the surplus capital had better be stricken out of it; in consequence of which that gentleman applied to Colonel Burr for an explanation on this point. Mr. Burr promptly and frankly informed the honourable member, that it not only did authorize, but that it was in tended the directors should use the surplus capital in any way they thought expedient and proper. That they might have a bank, an East India Company, or any thing else that they deemed profitable. That the mere supplying the city with water would not, of itself, remunerate the stockholders. Colonel Burr added, that the senator was at liberty to communicate this explanation to other members, and that be had no secrecy on the subject. The bill was subsequently reported by Mr. Jones and passed.

This view of the proceedings of the legislature is sustained by what occurred in the Council of Revision, from the minutes of which an extract has been made.

"At a meeting of the Council of Revision, held at the City Hall of the City of Albany, on Monday, the 1st of April, 1799.

"PRESENT—His Excellency the Governor, the Honourable the Chancellor, the Chief Justice, and Judge Benson.

"Mr. Reynolds and Mr. Robbins, from the honourable the Assembly, delivered to the council the bill entitled An act for the relief of John Lansing, the bill entitled An act for supplying the city of New-York with pure and wholesome water, and the bill entitled An act to amend the statute of limitation, and the bill entitled An act making provision to keep in repair the bridge over Schoharie Creek, at Fort Hunter, in the county of Montgomery.

"The council proceeded to take the said bills into consideration, and thereupon

"Resolved, That the bill entitled An act for supplying the city of New-York with pure and wholesome water be committed to the honourable the Chief Justice; that the bill entitled An act to amend the statute of limitation be committed to the honourable the Chancellor."

"At a meeting of the Council of Revision, held at the City Hall of the City of Albany, on Tuesday, the 2d of April, 1799.

"PRESENT—His Excellency the Governor, the Honourable the Chancellor, the Chief Justice, and Judge Benson.

"The honourable the Chief Justice, to whom was committed the bill entitled An act for supplying the city of New-York with pure and wholesome water, reported the following objections, to wit:

"Because the bill creates a corporation, with a capital of two millions of dollars, vested with the unusual power to divert its surplus capital to the purchase of public or other stock, or any other moneyed transactions or operations not inconsistent with the constitution and laws of this state or of the United States, and which surplus may be applied to the purposes of trade, or any other purpose which the very comprehensive terms in which the clause is conceived may warrant; this, in the opinion of the council as a novel experiment, the result whereof as to its influence on the community must be merely speculative and uncertain, peculiarly requires the application of the policy which has heretofore uniformly obtained, that the powers of corporations relative to their money operations should be of limited instead of perpetual duration."

"The council proceeded to take the preceding objections into consideration, which were overruled; it was thereupon

"Resolved, That it does not appear improper to the council that the said bill, entitled An act for supplying the city of New-York with pure and wholesome water, should become a law of this state.

"Ordered, That the honourable the Chancellor deliver a copy of the preceding resolution, signed by his excellency the Governor, to the honourable the Assembly."

"State of New-York, Secretary's Office.

"I certify the preceding to be true extracts from the minutes of the
Council of Revision of this state.

(Signed)

"ARCHD. CAMPBELL,

"Deputy Secretary.

"Albany, April 29th, 1836."

Of the correctness of the above statement, and the fairness of Mr. Burr's conduct in relation to the Manhattan Company, there cannot be the shadow of a doubt; but it is probable that a large portion of the members never attempted to examine into the extent of the powers granted to the Manhattan Company; while another portion considered the project of Colonel Burr, in reference to an East India Company or a bank, as chimerical and visionary. It is, however, evident that no trick or misrepresentation was practised to procure the passage of the bill; unless, indeed, his silence on the floor of the house as to his ulterior views may be so construed. His object was a bank; and when appealed to on this particular point, he admitted the fact. At all other times he remained silent on the subject. When the bill had passed he was lauded by the democratic party for his address, and they rejoiced in his success. Its political effect was considered highly important, as it tended to break down a system of pecuniary favouritism, which was made to operate in support of the party in power.

During the summer of 1799 vague rumours were privately circulated respecting certain transactions of Colonel Burr with the Holland Land Company. It was whispered that a bond, which the company held against him for twenty thousand dollars, had been given up for secret services rendered them. In other circles it was hinted that the compensation was for procuring the passage of a bill through the legislature authorizing aliens to hold lands, &c. Connected with these rumours, John B. Church, Esq. had spoken with so much freedom as to produce a challenge from Colonel Burr. On the 2d of September, 1799, the parties met at Hoboken, and having exchanged a shot without effect, Mr. Church made the amende honorable, and the affair was so satisfactorily adjusted as to restore the social intercourse of these gentlemen. Mr. Church was attended by Abijah Hammond, Esq., and Colonel Burr by Judge Edanus Burke, of South Carolina.

On the ground a most ludicrous incident occurred. Previous to leaving the city of New-York, Colonel Burr presented to Judge Burke his pistol-case. He explained to the Judge that the balls were cast intentionally too small; that chamois leather was cut to the proper size to put round them, but that the leather must be greased (for which purpose grease was placed in the case), or that there would be a difficulty in getting the ball home. After the parties had taken their stand, Colonel Burr noticed the judge hammering the ramrod with a stone, and immediately suspected the cause. When the pistol was handed him by his friend, he drew the ramrod, and ascertained that the ball was not home, and so informed the judge; to which Mr. Burke replied, "I forgot to grease the leather; but you see he is ready, don't keep him waiting; just take a crack as it is, and I'll grease the next!" Colonel Burr bowed courteously, but made no reply, and discharged his pistol in the state it had been given to him. The anecdote for some time after was the subject of merriment among those who had heard it.

No explanation was ever given, it is believed, of the transactions between Colonel Burr and the Holland Land Company. It was his practice to let his actions speak for themselves, and to let the world construe them as they pleased. This was a great error, and was the source in after life of much trouble and suffering to him, yet he would not depart from it. A few weeks subsequent to this duel, however, be received from a friend a kind letter, asking confidentially an explanation of these transactions, to which he replied,

COLONEL BURR TO ——-.

New-York, 6th October, 1799.

DEAR SIR,

I cannot refuse to the manner of your request, nor to the friendly motives which have produced it, to satisfy your inquiries with regard to Witbeck's bond and the Holland Company.

In December, 1795 or 1796, I forget which, I entered into a covenant with the Holland Company for the purchase of one hundred thousand acres of land, at twelve shillings per acre, payable by instalments. The covenant contained a penalty of twenty thousand dollars; as security on my part for this penalty, in case it should become due, I mortgaged to Cazenove, or the Holland Company, twenty thousand acres of land in Presque Isle, being one hundred shares of two hundred acres each in the Population Company, and I assigned to him Thomas L. Witbeck's bond, payable to me, for twenty thousand dollars, as further collateral security.

In the fall of 1797 Cazenove joined with me in a power of attorney to James Wadsworth, then in Europe, for the sale of one hundred thousand acres, and, until the summer or fall of the year following, we had reason to believe that they were or would be sold, which of course would have terminated all questions about the penalty. Some time in the year 1797 or 1798, it was noised in Albany that Thomas L. Witbeck had given a bond for twenty thousand dollars, and his credit at the bank and elsewhere became affected by it. He wrote me often on the subject. In reply, I begged him to explain that the bond was not for the payment of money, and that, even if it should become forfeited, the twenty thousand acres of Presque Isle lands were alone a sufficient security. Witbeck, however, continued to be uneasy for his credit, and teased me to take up his bond by giving other security. I thought this rather unkind, and did not trouble myself about it. Indeed, I was in hopes that the sale of the land in Europe would have closed the transaction. Not long after this, I think in November last, Cazenove informed me that be had been applied to by Witbeck to change that security, and added that he was willing to change it for one of equal solidity, provided it would not impair his rights.

Witbeck's importunities continued, and he became so very urgent and repeated that I was finally (November last), long after the passing of the alien bill, induced to offer A. I. Frederick Prevost's bond in the place of Witbeck's. Cazenove took time to consider and inquire; and finding, in fact, that Prevost's bond was a much better one than Witbeck's, agreed to take it. Prevost accordingly executed to me a bond for twenty thousand dollars, of which Harrison drew a special assignment to the Holland Company. We made a memorandum that this exchange should not vary the rights of the parties (viz., the Holland Company and Aaron Burr), and Thomas L. Witbeck's bond was given up. In this transaction I never suspected that Cazenove imagined that he was doing a favour either to me or Thomas L. Witbeck, and I am confident that he never entertained so absurd a belief. It was with great reluctance that I gave Prevost's bond. I had claims on Witbeck which justified me in exposing him to some hazard. Prevost had a family, a clear, independent estate, and did not owe a cent in the world; but he had better nerves than Witbeck, and would not tease me.

About this time we learned that all prospect of selling the land in Europe had failed, and as I never had an expectation of paying except from the land itself, it became necessary to close the transaction. It should be observed, that soon after my contract with Cazenove he received orders, as he informed me, to sell no more under sixteen shillings (two dollars), and afterward I understood that he had raised the price to twenty shillings. In December last we had several conferences for the purpose of settling this business. I offered to give back the land and cancel the covenants. He talked of the penalty. I replied that be would only recover the damages sustained, which, by his own account, were nothing; for, as the price of the land was raised to twenty shillings, the Holland Company would, by their own estimation, gain one hundred thousand dollars by taking back the land. He appeared to feel the unreasonableness of his demand, and finally evaded my proposal by questioning his own authority. This I considered as a pretence; some irritation ensued, and we parted without concluding any thing.

Thus the matter remained until May last (1799), when our negotiations were renewed. After various overtures and propositions on either side, it was at length agreed that I should convey to the Holland Company, absolutely, the twenty thousand acres Presque Isle lands. That this should be received in discharge of the advances that Cazenove had made thereon, and in full satisfaction of all damages claimed on the covenants; and that thereupon the covenants should be cancelled, the bond of I. A. Frederick Prevost be given up, and the Holland Company take back their lands. This was accordingly done a few days before Cazenove sailed for Europe, which was, I think, in June last.

I should have noted, that about the year 1792 or 1793, I became jointly concerned with the Holland Company and sundry individuals in the purchase from the State of Pennsylvania of the whole Presque Isle angle, and of other lands adjoining to the amount of a million of acres. The association was called the Population Company, and was under the management of directors, who had a right to assess on the proprietors or associates any sums they might think proper to promote the settlements required by the patents. My interest was one hundred shares, or twenty thousand acres, for which I had paid, at the time I mortgaged to Cazenove, upwards of seven thousand five hundred dollars. The thing was considered as extremely valuable, and I have no doubt but my interest would, if I could have retained it five years, have been worth to me more than one hundred thousand dollars. Lands within the angle were last year sold at twenty dollars per acre.

Though it be obvious that no damages were due or could have been recovered by the Holland Company on the penalty contained in the covenants, yet I had several motives to urge me to some sacrifice in order to get rid of the business. First. I could not repay the advances made by Cazenove, which amounted to several thousand dollars. Second. I could not bear to give any uneasiness to Frederick Prevost, which might have been the consequence of a legal proceeding. Third. I was a little apprehensive of being sued on the covenants for payment of the purchase money. Cazenove, on his part, had but a single motive, to wit—he found that these lands were all I had to give, and that a suit would have produced only expense.

The aforegoing facts are substantially known to Le Roy, Bayard, and McEvers, and to Harrison and Ogden. The two last were consulted on the closing of the business in May and June last (1799). The former of them, Harrison, several times on the exchange of the bonds. I have not spoken to either of those gentlemen on the subject since the transactions took place; but any person is at liberty to do it who may choose to take the trouble.

I have given you a summary of my whole concern with Cazenove and the Holland Company, not knowing what part of it might tend to elucidate your inquiries.

By those who know me, it will never be credited that any man on earth would have the hardiness even to propose to me dishonourable compensations; but this apart, the absurdity of the calumny you allude to is obvious from the following data, resulting from the deeds and known facts:

That at the time the Alien Bill was under consideration, and long after, the bond, the covenant, and the penalty were objects of no concern, as we had reason to believe that the lands were or would be sold in Europe, so as to leave me a profit:

That Witbeck's bond was never given up, but exchanged for one more safe and valuable:

That I had not, nor by possibility could have, any interest in this exchange, as it was relieving one friend to involve another still more dear to me:

That, so far from any understanding between Cazenove and me, we had controversies about the very bond and penalty for more than a year after the passing of the Alien Bill: That no part of the penalty was ever due from me to the Holland Company; and that of course, they could never have demanded the bond, which was expressly a security for the penalty, and not for the payments:

That nevertheless I did finally give Cazenove a valuable and exorbitant compensation to induce him to cancel the covenants and discharge the penalty.

This, sir, is the first time in my life that I have condescended (pardon the expression) to refute a calumny. I leave to my actions to speak for themselves, and to my character to confound the fictions of slander. And on this very subject I have not up to this hour given one word of explanation to any human being. All the explanation that can be given amounts to no more than this—That the thing is an absolute and abominable lie. I feel that the present detail is useless and trifling; but you have asked with good-nature, and I could not, with the appearance of good-nature, refuse. I pardon you the labour I have had in writing, and for that which you will have in reading no apology can be due from

Your friend and obedient servant,

A. BURR.

In January, 1801, Colonel Burr's daughter Theodosia was married to Joseph Alston, Esq., of South Carolina. Mr. Alston was in his twenty-second, Miss Burr in her eighteenth year. He was a gentleman of talents and fortune, and a few years after his marriage was chosen governor. Some opinion of his style of writing may be formed by his defence of early marriages; while that portion of his letter which relates to his native state cannot be uninteresting to South Carolinians.

THEODOSIA BURR TO JOSEPH ALSTON.

New-York, January 13th, 1801.

I have already written to you by the post to tell you that I shall be happy to see you whenever you choose; that I suppose is equivalent to very soon; and that you may no longer feel doubts or suspicions on my account, I repeat the invitation by a packet as less dilatory than the mail; but for all these doubts and suspicions I will take ample revenge when we meet.

I yesterday received your letter of the 26th of December, and am expecting your defence of early marriages to-day. My father laughs at my impatience to hear from you, and says I am in love; but I do not believe that to be a fair deduction, for the post is really very irregular and slow—enough so to provoke anybody.

We leave this for Albany on the 26th inst., and shall remain there till the 10th February. My movements will after that depend upon my father and you. I had intended not to marry this twelvemonth, and in that case thought it wrong to divert you from your present engagements in Carolina; but to your solicitations I yield my judgment. Adieu. I wish you many returns of the century.

14th January.

I have not yet received your promised letter; but I hope it may be long in proportion to the time I have been expecting it. The packet has been delayed by head-winds, but now that they are fair she will have a quick passage; at least such I wish it. Adieu, encore.

THEODOSIA.

JOSEPH ALSTON TO THEODOSIA BURR.

Charleston, S. C. December 28th, 1800.

Aristotle says "that a man should not marry before he is six-and-thirty:" pray, Mr. Alston, what arguments have you to oppose to such authority? Hear me, Miss Burr.

It has always been my practice, whether from a natural independence of mind, from pride, or what other cause I will not pretend to say, never to adopt the opinion of any one, however respectable his authority, unless thoroughly convinced by his arguments; the "ipse dixit," as logicians term it, even of Cicero, who stands higher in my estimation than any other author, would not have the least weight with me; you must therefore, till you offer better reasons in support of his opinion than the Grecian sage himself has done, excuse my differing from him.

Objections to early marriages can rationally only arise from want of discretion or want of fortune in the parties; now, as you very well observe, the age of discretion is wholly uncertain, some men reaching it at twenty, others at thirty, some again not till fifty, and many not at all; of course, to fix such or such a period as the proper one for marrying, is ridiculous. Even the want of fortune is to be considered differently, according to the country where the marriage is to take place; for though in some places a fortune is absolutely necessary to a man before he marries, there are others, as in the eastern states for example, where he marries expressly for the purpose of making a fortune.

But, allowing both these objections their full force, may there not be a single case that they do not reach? Suppose (for instance, merely) a young man nearly two-and-twenty, already of the greatest discretion, with an ample fortune, were to be passionately in love with a young lady almost eighteen, equally discreet with himself, and who had a "sincere friendship" for him, do you think it would be necessary to make him wait till thirty? particularly where the friends on both sides were pleased with the match.

Were I to consider the question personally, since you allow that "individual character" ought to be consulted, no objection clearly could be made to my marrying early.

From my father's plan of education for me, I may properly be called a hot-bed plant. Introduced from my infancy into the society of men, while yet a boy I was accustomed to think and act like a man. On every occasion, however important, I was left to decide for myself; I do not recollect a single instance where I was controlled even by advice; for it was my father's invariable maxim, that the best way of strengthening the judgment was to suffer it to be constantly exercised. Before seventeen I finished my college education; before twenty I was admitted to the bar. Since that time I have been constantly travelling through different parts of the United States; to what purpose I leave you to determine.

From this short account of myself you may judge whether my manners and sentiments are not, by this time, in some degree formed.

But let us treat the subject abstractedly; and, as we have shown that under particular circumstances no disadvantages result from early marriages, let us see if any positive advantages attend them.

Happiness in the marriage state, you will agree with me, can only be obtained from the most complete congeniality of mind and disposition, and the most exact similarity of habits and pursuits; now, though their natures may generally resemble, no two persons can be entirely of the same mind and disposition, the same habits and pursuits, unless after the most intimate and early association; I say early, for it is in youth only the mind and disposition receive the complexion we would give them; it is then only that our habits are moulded or our pursuits directed as we please; as we advance in life they become fixed and unchangeable, and instead of our governing them, govern us. Is it not therefore better, upon every principle of happiness, that persons should marry young, when, directed by mutual friendship, each might assimilate to the other, than wait till a period when their passions, their prejudices, their habits, &c. become so rooted that there neither exists an inclination nor power to correct them? Dr. Franklin, a very strong advocate for my system, and, I think, at least as good authority as Aristotle, very aptly compares those who marry early to two young trees joined together by the hand of the gardener; "Trunk knit with trunk, and branch with branch intwined, Advancing still, more closely they are join'd; At length, full grown, no difference we see, But, 'stead of two, behold a single tree!" [1]

Those, on the other hand, who do not marry till late, say "thirty," for example, he likens to two ancient oaks;

"Use all your force, they yield not to your hand,
But firmly in their usual stations stand;
While each, regardless of the other's views,
Stubborn and fix'd, it's natural bent pursues!" [2]

But this is not all; it is in youth that we are best fitted to enjoy that exquisite happiness which the marriage state is capable of affording, and the remembrance of which forms so pleasing a link in that chain of friendship that binds to each other two persons who have lived together any number of years. Our ideas are then more refined; every generous and disinterested sentiment beats higher; and our sensibility is far more alive to every emotion our associate may feel. Depend upon it, the man who does not love till "thirty" will never, never love; long before that period, he will become too much enamoured of his own dear self to think of transferring his affections to any other object. He may marry, but interest alone will direct him in the choice of his wife; far from regarding her as the sweetest friend and companion of his life, he will consider her but as an unavoidable encumbrance upon the estate she brings him. And can you really hope, my Theodosia, with all your ingenuity, to convince me that such a being will enjoy equal happiness in marriage with me? with me, about to enter into it with such rapture; who anticipate so perfect a heaven from our uniting in every study, improving our minds together, and informing each other by our mutual assistance and observations? No—I give you full credit for your talents, but there are some causes so bad that even you cannot support them.

Enough, however, of this topic till we meet; I have already given you a volume of nonsense upon it.

Now for the fable, I cannot call it description, your "dear friends" have given you of this state. "The country," they say, because of the marshy grounds, "is rendered continually unhealthy with fever and agues." One would really conclude from this that we were a good representation of a meeting of Shaking Quakers. Alas! beautiful and romantic hills of Carolina, which the delighted traveller so often stops to admire; fair and fertile plains interspersed with groves of the orange, the lemon, and the myrtle, which fling such healthful fragrance to the air, where are ye fled? Has some earthquake, some sudden and dreadful concussion of nature, ingulfed you? No! You still remain for the delight and ornament of our country; you have lost existence only in the imagination of some beau or belle of New-York; who, ignorant of the geography and appearance of the most celebrated states, believes every other place except the Park and the Battery a desert or a marsh. But let us proceed:—"As to Charleston, an annual epidemic, joined to the yells of whipped negroes, which assail your ears from every house, and the extreme heat, make it a perfect purgatory!" What! is Charleston, the most delightfully situated city in America, which, entirely open to the ocean, twice in every twenty-four hours is cooled by the refreshing seabreeze, the Montpelier of the south, which annually affords an asylum to the planter and the West-Indian from every disease, accused of heat and unhealthiness?—Island of Calypso, where reigned perpetual spring! may we not, after this, expect thy flower-enamelled fields to be metamorphosed into dreary wastes of snow, and the sweet concerts of the feathered choir, which elysionized thy woods, converted into the howling of the tiger, or the horrid bark of the wolf? But this is not all, unfortunate citizens of Charleston; your disposition has been even still more outraged than your climate. Your mildness, humanity, and benevolence, are no more; cruelty, barbarity, a sanguinary love of torture, are now your distinguishing characteristics; the scream, the yell of the miserable, unresisting African, bleeding under the scourge of relentless power, affords music to your ears! Ah! from what unfriendly cause does this arise? Has the God of heaven, in anger, here changed the order of nature? In every other region, without exception, in a similar degree of latitude, the same sun which ripens the tamarind and the anana, ameliorates the temper, and disposes it to gentleness and kindness. In India and other countries not very different in climate from the southern parts of the United States, the inhabitants are distinguished for a softness and inoffensiveness of manners, degenerating almost to effeminacy; it is here then, only, that we are exempt from the general influence of climate: here only that, in spite of it, we are cruel and ferocious! Poor Carolina!

"The state of society, too, is equally inviting. The men and women associate very little; the former employ themselves either in the business of life, or in hunting horse-racing, and gaming; while the latter meet in large parties, composed entirely of themselves, to sip tea and look prim!" Would a stranger who had been among us, who had witnessed the polished state of our society, the elegance of our parties, the case and sociability of manners which prevail there, the constant and agreeable intercourse between the sexes, the accomplishments of our ladies, that proud and elevated spirit among the men which would feel "a stain like a wound," believe the account you have written meant as a picture of South Carolina? Would he believe, still further, that it was drawn by an American? No. He would suppose it the production of some jaundiced foreigner, who had never visited us, and who set down every thing out of his own country as rude and Gothic. Now I recollect Morse gives a description something like this of North Carolina; and I suspect your "friends" stole their account, with a little exaggeration, from him, but mistook the state. I have now replied to the fable of your "dear friends" in a veritable style; but, setting aside rhapsody, if you have time to read it, I will give you a proper and impartial account of our country in a few words. Possibly it may serve to amuse you, if still confined by your ankle.

For about sixty or seventy miles from the seacoast, the land is, perhaps, more uninterruptedly level than any equal tract of territory in the United States; from that distance it gradually becomes more hilly, till, as you advance into the interior, you become entangled in that chain of mountains which, rising in the back parts of Pennsylvania, runs through that state, touches a corner of Maryland, and, extending through North Carolina, South Carolina, and Georgia, forms a line between the Atlantic and transatlantic states. In upper Carolina it is as healthy as anywhere on the continent. The people are robust, active, and have a colour as fine as those of Rhode Island. In the low country, it is true, we are visited by "the fevers and agues" you mention, but it is only at a particular season, and near the banks of the rivers. In this we are by no means singular; those who reside on the borders of the lakes, the Connecticut, the Delaware, and the Potomac, are equally exposed. On the seacoast we again find health; Charleston, till within a few years past, was remarkably healthy. Since '93 it has been afflicted, at different times, during the summer, with an epidemic, which has certainly proved extremely fatal; but ought it to be called an "annual visitant" here any more than at Boston, New-York, Philadelphia, Baltimore, &c., all of which places have been equally, and some of them more, afflicted by it?

With regard to our manners; if there is any state which has a claim to superior refinement, it is certainly South Carolina. Generally speaking, we are divided into but two classes, very rich and very poor; which, if no advantage in a political view, is undoubtedly favourable to a polished state of society. Our gentlemen having large fortunes, and being very little disposed by the climate to the drudgery of business or professions, have full leisure for the attainment of polite literature, and what are usually called accomplishments; you therefore meet with few of them who are not tolerably well informed, agreeable companions, and completely well bred. The possession of slaves renders them proud, impatient of restraint, and gives them a haughtiness of manner which, to those unaccustomed to them, is disagreeable; but we find among them a high sense of honour, a delicacy of sentiment, and a liberality of mind, which we look for in vain in the more commercial citizens of the northern states. The genius of the Carolinian, like the inhabitants of all southern countries, is quick, lively, and acute; in steadiness and perseverance he is naturally inferior to the native of the north; but this defect of climate is often overcome by his ambition or necessity; and, whenever this happens, he seldom fails to distinguish himself. In his temper he is gay and fond of company, open, generous, and unsuspicious; easily irritated, and quick to resent even the appearance of insult; but his passion, like the fire of the flint, is lighted up and extinguished in the same moment. I do not mention his hospitality and kindness to strangers, for they are so common they are no longer esteemed virtues; like common honesty, they are noticed only when not possessed. Nor is it for the elegance of their manners only that the South Carolinians are distinguished; sound morality is equally conspicuous among them. Gaming, so far from being a fashionable vice, is confined entirely to the lower class of people; among gentlemen it is deemed disgraceful. Many of them, it is true, are fond of the turf; but they pursue the sports of it merely as an amusement and recreation, not a business. As to hunting, the country gentlemen occasionally engage in it, but surely there is nothing criminal in this! From my education and other pursuits I have seldom participated in it myself; but I consider it, above all exercises, the most manly and healthful.

But come, let us dismiss the gentlemen and their amusements, and take up the female part of the community.

The ladies of Carolina, I confess, are not generally as handsome as those of the northern states; they want that bloom which, in the opinion of some, is so indispensable an ingredient in beauty; but their paleness gives them an appearance of delicacy and languor which is highly interesting. Their education is perhaps more attended to than anywhere else in the United States; many of them are well informed, all of them accomplished. For it would be far more unpardonable in a girl to enter a room or go through a congo ungracefully, than to be ignorant of the most common event in history or the first principles of arithmetic. They are perfectly easy and agreeable in their manners, and remarkably fond of company; no Charleston belle ever felt "ennui" in her life. In the richness of their dress and the splendour of their equipages they are unrivalled. From their early introduction into company, and their constant and unreserved intercourse with the other sex, they generally marry young; and if their husbands want only companions for the theatre or the concert-room, or some one to talk over the scandal of the day with when at home, they make tolerable wives. As we have now brought them to the "ne plus ultra" of human happiness, marriage, we will leave them there, and so finish our description.

The reason of your not hearing from me so long after your return to New-York was this: not knowing till you wrote me from Ballston how my letters would be received, I was really afraid to venture writing.

You ask how Miss P. walks? If it is your object, as you say, from knowing bow you stand with her in point of forces, to preserve better what you have won, receive a general lesson. "Continue in every respect exactly as you are, and you please me most."

You wish me to acquire French. I already understand something of it, and, with a little practice, would soon speak it. I promise you, therefore, if you become my instructress, in less than two months after our marriage to converse with you entirely in that language. I fix the period after our marriage, for I cannot think of being corrected in the mistakes I may make by any other person than my wife. Suppose, till then, you return to your Latin, and prepare to use that tongue with me, since you are averse to one understood by all the canaille. Adieu. I have literally given you a folio volume.

Yours, my dear Theodosia,

JOS. ALSTON.

P. S. The arrangement you speak of proposing in your letter for an interview has determined me. I shall there fore sail certainly in a few days. Winds be propitious!

Miss BURR.

In April, 1799, the federal party were triumphant in the State of New-York. The city was entitled to thirteen members of Assembly. They were federalists, and were elected by an average majority of 944; the whole number of votes being about 6000. Colonel Burr during this year was not in public life, but he was not an idle spectator of passing events. The year following a President of the United States was to be elected. It was now certain, that unless the vote of the State of New-York could be obtained for Mr. Jefferson, he could not be elected. It was equally certain, that unless the city could be carried by the democratic party, the state would remain in the bands of the federalists.

During the winter of 1799 and the spring of 1800, Colonel Burr commenced a system of party organization for the approaching contest. The presidential electors were at that time chosen by the legislature, meeting in joint ballot. His first object was to secure such a committee of nomination for the city and county of New-York as, in the selection of candidates for the assembly, would be influenced by his recommendation. His opinion, often expressed to his confidential friends during the winter of 1800, was, that without a most powerful ticket there was no prospect of success; with such a ticket and proper exertions it could be elected. He entertained no doubt (and the result proved that he was correct), that on the city and county of New-York were suspended the destinies of the country, whether for good or whether for ill. These views and these opinions were presented and enforced by him for days, and weeks, and months previous to the election upon all the young and ardent politicians of the city with whom he had any intercourse. The effect of which was, that when the crisis arrived, every member of the party seemed to feel the great responsibility which rested upon him.

The next object with Colonel Burr was to inculcate harmony in the party and concert in action. It was known that a most unconquerable jealousy existed between the Clinton and Livingston families and the adherents of those factions. The Clintons and their supporters were anti-federalists. The Livingstons were not less distinguished as federalists, until some time after the organization of the general government under the new constitution. Colonel Burr enforced, in mild and persuasive terms, the necessity of sacrificing all prejudices and partialities; of surrendering all personal and ambitious considerations; of standing shoulder to shoulder, and uniting in one great effort to rescue the country from misrule. By the most unceasing perseverance he succeeded in both these objects.

Every section of the democratic party felt the necessity of Colonel Burr's being a member of the legislature that was to choose the electors; but a difficulty arose. It was understood that General Hamilton would personally attend the several polls during the three days of election; that he would counsel and advise with his political friends, and that he would address the people. Here again all seemed to feel that Colonel Burr was the man, and perhaps the only man, to meet General Hamilton on such an occasion. But if his name was on the Assembly ticket as a candidate, his personal exertions during the election would be lost to the party. To place him in that situation appeared to many like abandoning the field without a struggle to the federalists. In this dilemma, the county of Orange patriotically came forward and nominated him as a candidate on their Assembly ticket, thus leaving him free to act in the city of New-York; and by the people of Orange Colonel Burr was elected a member of the legislature.

All the details connected with the formation of the Assembly ticket in April, 1800, for the city and county of New-York, will be given hereafter. The result is known. It succeeded. The legislature was democratic. Presidential electors of the democratic party were appointed. Colonel Burr's services were appreciated by the democracy in every section of the country, and he was nominated on the ticket with Mr. Jefferson for the offices of President and Vice President of the United States. By the constitution, as it was originally adopted, the person who had the greatest number of votes, provided they were a majority of the whole number given, was president; and the person having the next highest number, with the like proviso, was vice-president. When the ballots were examined, it appeared that Mr. Jefferson and Colonel Burr were the two highest candidates, and that their votes were equal. By the provisions of the constitution, it devolved upon the House of Representatives of the United States, voting by states, to designate which of these gentlemen should be president, and which vice-president.

On proceeding to the ballot a contest ensued, which lasted for several days, producing the most implacable and bitter animosities; a contest which terminated in the election of Mr. Jefferson and the ruin of Colonel Burr. Until within a few years that scene has been completely enveloped in mystery. A part of the incidents connected with it, however, in a fugitive form, are before the world. But the period has arrived when the question should be met with manly firmness; when the voice of history should announce to posterity the truth, the whole truth, and nothing but the truth, so far as it can be ascertained. The generation which were the actors in those scenes have passed away. The parties immediately interested are sleeping the sleep of death. Few, very few indeed now living, understand the nature of that contest. The curtain shall be drawn aside. The documents which develop its character, and which are scattered in fragments, will be brought together, and recorded (it is hoped) in a permanent and tangible form.

It will be seen that the immediate friends and advisers of Mr. Jefferson, until within a few hours of the balloting, had no confidence in certain leading and distinguished members of Congress, whose names shall be given, but who, on his coming into power, promptly received the most substantial evidence of his kind feelings by appointments to office. The clearest evidence will be presented that Mr. Jefferson entered into terms and conditions with the federal party or some of their leaders; that the honourable James A. Bayard, of Delaware, acted on the part of the federalists, and the honourable Samuel Smith, of Maryland, at present mayor of Baltimore, on the part of Mr. Jefferson; and that terms and conditions were agreed upon between them before Mr. Jefferson could be elected; while, on the other hand, it will be demonstrated that the charges which have been made against Colonel Burr of having intrigued and negotiated with the federal party to obtain the office of president were as unjust as they were groundless. But "I come to bury Cesar, not to praise him."

Footnotes:

1. Manuscript poem of my own.

2. From the same.

[Frontispiece: Theodosia]

MEMOIRS OF AARON BURR.

WITH MISCELLANEOUS SELECTIONS

FROM HIS CORRESPONDENCE.

BY MATTHEW L. DAVIS.

"I come to bury Caesar, not to praise him."

IN TWO VOLUMES

VOL. II.

* * * * *

Entered, according to Act of Congress, in the year 1836, by

MATTHEW L. DAVIS,

in the Clerk's Office of the Southern District of New-York.

* * * * *

CONTENTS OF THE SECOND VOLUME.

CHAPTER I.

Colonel Burr's study of the law; shortness of his study; different opinions respecting his law learning; his definition of law; his manner of preparing causes and of conducting suits; his maxim for sluggards; tendency to mystery in his practice; fondness for surprising an opponent; an illustration of this remark; his treatment of associate counsel; nice discrimination in the selection of professional agents; their various characteristics; the same acuteness displayed in politics; anecdote on this subject that occurred during the contested election in 1800; great coolness and presence of mind in civil as well as military life; an example in the death of Mr. P.; commenced practice at the close of the revolution under the most favourable auspices; multiplication of his papers; condensation a peculiar trait in his mind; never solicited a favour from an opponent; a strict practitioner; character of his mind; manner of speaking; accorded to General Hamilton eloquence; an incident in relation to Hamilton and Burr in the cause of Le Guen vs. Gouverneur and Kemble; letter from John Van Ness Yates explanatory of Chief Justice Yates's notes on that occasion; the effect he produced as a speaker; his display of extraordinary talents on his trial at Richmond; his legal opinions on various important occasions; a letter from him evincing his great perseverance when nearly eighty years of age

CHAPTER II.

A brief history of the rise of political parties in the state of New-York; the city of New-York the rendezvous of the tories, from which they communicated with the British ministry during the war; feelings of the whigs on this subject; Joseph Galloway, of Philadelphia, sails in 1778 for England; his correspondence with the loyalists extensive; extracts from various letters written during the war of the revolution, viz., from the Reverend Bishop Inglis, from Isaac Ogden, from Daniel Cox, during the year 1778; from John Potts, from Daniel Cox, from Isaac Ogden, from Daniel Cox, from Thomas Eddy, from Bishop Inglis, from John Potts, from Bishop Inglis, from Isaac Ogden, from Bishop Inglis, from Isaac Ogden, from Daniel Cox, during the year 1779; from Charles Stewart, David Sproat, and James Humphrey, Jun., printer, in 1779, in which General Arnold's tory sympathies are alluded to; from Bishop Inglis, John Potts, and Christopher Sower; from David Ogden, with the plan of a constitution for the government of the American colonies after the whigs are conquered

CHAPTER III.

Defeat of General Schuyler as a candidate for the office of governor of the state of New-York, in opposition to George Clinton, in 1777; commencement of the Clinton and Schuyler parties; defeat of General Schuyler as a candidate for Congress in 1780; "a supreme dictator" proposed; opposition of Hamilton to the project; the Clinton and Schuyler parties continued to exist until the adoption of the federal constitution; in 1779 a law passed disfranchising tories; in 1781 an act confirmatory of this law; first session of the legislature after the war held in the city of New-York, in 1784; petitions of the tories rejected; Robert R. Livingston's classification of parties in the state; suit of Mrs. Rutgers vs. Waddington for the recovery of the rent of a building occupied by Waddington in the city of New-York during the war; the mayor's court, James Duane and Richard Varick presiding, decide against Mrs. Rutgers; great excitement and public meetings; Waddington compromises the claim; in 1786 and 1787, sundry laws restricting the privileges of the tories, through the instrumentality of General Hamilton are repealed; the tories unite with the Schuyler party; the strength of the Schuyler party in the legislature elected from the tory counties; names of the members in 1788, 89; to which of the political parties Colonel Burr belonged; letters from John Jay on the subject of proscribing the tories

CHAPTER IV.

The Livingstons were of the Schuyler party; subsequently of the federal party; their change; reasons assigned; the federalists triumph in the city of New-York at the election of 1799; Mr. Jefferson's opinion as to the effect of the city election in 1800; the several factions of the democratic party unite in this contest, through the arrangements of Burr; the character of his friends; he is elected to represent Orange county; the manner in which the city ticket for 1800 was formed; great difficulty to obtain Governor Clinton's consent to use his name; interview of a sub-committee with the governor; his denunciation of Jefferson; Burr's and Hamilton's efforts at the election; success of the democratic party; apprehensions that the federalists intended to change the result by fraud; a federal caucus held on the evening of the 3d of May, 1800; letter to Duane, editor of the Aurora, stating that the caucus had decided to request Governor Jay to convene the legislature, and change the mode of choosing presidential electors; federal printers deny the charge; the letter to Jay, published in his works, thus proving the correctness of the Aurora's statement

CHAPTER V.

General Hamilton's pamphlet on the conduct of John Adams; Colonel Burr ascertains that it is in the press; as soon as printed, a copy obtained, and extracts sent to the Aurora and the New-London Bee; Hamilton thus compelled to make the publication prematurely; presidential electors chosen; letter from Jefferson to Burr; Jefferson to Madison; tie vote between Jefferson and Burr; rules for the government of the House of Representatives during the election; informality in the votes of Georgia; constitutional provision on the subject; statement of the case by Mr. Wells, of Delaware, and Mr. Nicholas, of Virginia; balloting commenced on the 11th, and continued until the 17th of February, 1801, when, on the 36th ballot, Mr. Jefferson was elected president; letter from Burr to General S. Smith, constituting him (Smith) his proxy to declare his sentiments in the event of a tie vote

CHAPTER VI.

Mr. Burr's political position on being elected vice-president; letters from Mr. Jefferson to Mr. Madison; the doubtful states in Congress on the presidential question; the doubtful persons; their appointment to office by Mr. Jefferson; address to Colonel Burr by certain republicans at Baltimore, on his way to Washington in 1801; his answer, disapproving of such addresses; casting vote, as vice-president, on the bill to repeal the midnight judiciary act; effects of this vote; letter from A. J. Dallas on the subject; from Nathaniel Niles; from A. J. Dallas; Wood's history of John Adams's administration; suppression by Burr; attacks upon Burr by Cheetham and Duane; private letters from Duane approving of Burr's conduct

CHAPTER VII.

Effect of Burr's silence under these attacks; allegation that Dr. Smith, of New-Jersey, as a presidential elector, was to have voted for Burr; denial of Dr. Smith; Timothy Green charged with going to South Carolina as the political agent of Burr; denial of Green; General John Swartwout charged with being concerned in the intrigue; denial of Swartwout; Burr charged with negotiating with the federalists; denial of Burr, in a letter to Governor Bloomfield; David A. Ogden said to have been the agent of the federal party or of Burr in this negotiation; letter from Peter Irving to Ogden, inquiring as to the fact; answer of Ogden, denying the charge; Edward Livingston represented as Burr's "confidential friend" on the occasion; denial of Livingston; Burr, in the year 1804, commences a suit against Cheetbam for a libel; wager-suit between James Gillespie and Abraham Smith, and a commission taken out to examine witnesses, April, 1806; transactions in the United States' Senate on the 18th January, 1830, in relation to Mr. Jefferson's charge against Mr. Bayard; letter from R. H. Bayard to Burr; from Burr to Bayard; from Burr to M. L. Davis; from Davis to Burr; from General S. Smith to R. H. and J. A. Bayard; from R. H. Bayard to Burr

CHAPTER VIII.

Letter from Judge Cooper to Thomas Morris; ditto; from James A. Bayard to Alexander Hamilton; from George Baer to R. H. Bayard; interrogatories to James A. Bayard, in Cheetham's suit; answers to said interrogatories by Mr. Bayard; interrogatories to Bayard in the suit of Gillespie vs. Smith; answers thereto; reasons why Mr. Latimer was not removed from the office of collector of Philadelphia; answer of Samuel Smith to interrogatories in the suit of Gillespie vs. Smith

CHAPTER IX.

Effect of the attacks upon Burr; power of the press in corrupt hands; Mr. Jefferson's malignity towards Burr; his hypocrisy; false entries in his Ana of conversations said to have been held with Burr; letter to Theodosia; ditto; ditto; to Joseph Alston; Theodosia to Joseph Alston; to Theodosia; ditto; to Joseph Alston; to Theodosia; to Thomas Morris; from P. Butler; to Joseph Alston; to Theodosia; from Thomas Jefferson; to Theodosia

CHAPTER X.

Letter to Joseph Alston; from D. Phelps, from Joseph Brandt (Indian chief); from William P. Van Ness; to Theodosia; to Barnabas Bidwell; to Joseph Alston; to Theodosia; from Charles Biddle; from Marinus Willett; from John M. Taylor; from Mrs. *****; to Theodosia; ditto

CHAPTER XI.

Letter to Theodosia; ditto; to Joseph Alston; from Charles Biddle;
from John Coats; to Theodosia; from C. A. Rodney; to Theodosia; ftom
C. A. Rodney; from Uriah Tracy; from General Horatio Gates; from David
Gelston; to Theodosia; ditto; from Midshipman James Biddle; from John
Taylor, of Caroline

CHAPTER XII.

Letter from Theodosia to Joseph Alston; ditto; from A. Burr to Joseph
Alston; to Natalie; Theodosia to Joseph Alston; to Joseph Alston;
ditto; to Theodosia; to Joseph Alston; ditto; to Theodosia; ditto; to
Dr. John Coats; from Theodosia; to Theodosia; from Theodosia; to
Theodosia; ditto; ditto

CHAPTER XIII.

Letter to Theodosia; ditto; from Theodosia; to Theodosia; from
Theodosia; from Charles Biddle; from John Taylor, of Caroline; from
Pierce Butler; to Theodosia; ditto; from Theodosia; from Theodosia;
ditto; to Theodosia; ditto; from Theodosia; to Theodosia; ditto; to
Charles Biddle; from Midshipman James Biddle

CHAPTER XIV.

Note from Mr. Madison; from J. Wagner to Mr. Madison; from Samuel A.
Otis; letter from George Davis; from Charles Biddle; from Robert
Smith; from Robert G. Harper; from J. Guillemard; from John Vaugham;
from John Dickinson; to Charles Biddle; to Theodosia; to Peggy (a
slave); to Theodosia; to Joseph Alston; to Charles Biddle; ditto; to
Natalie Delage Sumter; to Theodosia; to A. R. Ellery; to Theodosia; to
Thomas Sumter, Jun.; to Charles Biddle; to F. A. Vanderkemp; to W. P.
Van Ness; to Theodosia; to Mrs. *****; to Theodosia; to Miss ——; to
Theodosia

CHAPTER XV.

Letter from Charles D. Cooper, which produced the duel between General Hamilton and Colonel Burr; correspondence between the parties, with explanations by W. P. Van Ness, second of Colonel Burr; statement of what occurred on the ground as agreed upon by the seconds; explanations of the correspondence, &c., by Nathaniel Pendleton, second of General Hamilton; remarks on the letter which Mr. Van Ness refused to receive; account of General Hamilton's wound and death, by Dr. Hosack; remarks by General Hamilton on his motives and views in meeting Colonel Burr; death of Hamilton; oration by Gouverneur Morris; letter from Colonel Burr to Theodosia, dated the night before the duel; same date to Joseph Alston

CHAPTER XVI.

Letter to Joseph Alston; to Theodosia; from John Swartwout; to
Theodosia; ditto; to Joseph Alston; to Theodosia; ditto; journal for
Theodosia; to Joseph Alston; to Theodosia; to Joseph Alston; to
Theodosia; to Joseph Alston; to Theodosia

CHAPTER XVII.

Letter to Theodosia; ditto; trial of Judge Chace before the United States' Senate; Burr presides; acquittal; letter to Theodosia; ditto; an account of the effect of Burr's speech on taking leave of the Senate; letter to Joseph Alston; to Theodosia; journal of his tour in the Western country; letter to Joseph Alston

CHAPTER XVIII.

Burr's early views against Mexico; letter from General Miranda to
General Hamilton, in April, 1798 on the subject of an expedition, in
conjunction with Great Britain, against South America; from Miranda to
Hamilton, in October, 1798, announcing the arrangements made with the
British; from Miranda to General Knox, same date, on the same subject;
General Adair's statement of Burr's views; grant of lands by the
Spanish government to Baron Bastrop; transfer of part of said grant to
Colonel Lynch; purchase from Lynch by Burr; the views of Burr in his
Western expedition, as stated by himself; he is arrested on the
Tombigbee; the cipher letter; transported to Richmond; trial and
acquittal of Burr; testimony of Commodore Truxton; Dr. Bollman's
treatment by Mr. Jefferson

CHAPTER XIX.

Excitement produced against Burr by Jefferson, Eaton, and Wilkinson; Senate of the United States pass a bill suspending writ of Habeas Corpus; House rejects the bill on the first reading, ayes 113, nays 19; extracts from Blennerhassett's private journal; official Spanish documents, showing that General Wilkinson, after he had sworn to Burr's treasonable designs, despatched his aid, Captain Walter Burling, to Mexico, demanding from the viceroy for his service to Spain, in defeating Burr's expedition against Mexico, the sum of two hundred thousand dollars; sundry letters of Burr to Theodosia, while imprisoned in Richmond on the charge of treason

CHAPTER XX.

Burr sails for England on the 7th of June, 18O8; arrives in London on the 16th of July; makes various unsuccessful efforts to induce the British ministry to aid him in his enterprise against South America; receives great attention from Jeremy Bentham; continues his correspondence with Bentham after his return to the United States; visits Edinburgh; experiences great courtesy; introduced to M'Kenzie and Walter Scott; returns to London; the ministers become suspicious of him; his papers are seized, and his person taken into custody for two days, when he is released, but ordered to quit the kingdom; leaves England in a packet for Gottenburgh; travels through Sweden, Germany, &c.; Bourrienne's (French minister at Hamburgh) account of Burr, and Burr's account of Bourrienne; arrives in Paris on the 16th of February, 1810; endeavours to induce Napoleon to aid him in his contemplated expedition, but is unsuccessful; asks a passport to leave France, and is refused; presents a spirited memorial to the emperor on the subject; Russell, chargÉ d'affaires, and M'Rae, United States consul at Paris, refuse him the ordinary protection or passport of an American citizen; in July, 1811, obtains permission from the emperor to leave France; sails from Amsterdam on the 20th of September; is captured next day by an English frigate, and carried into Yarmouth; remains in England from the 9th of October, 1811, until the 6th of March, 1812; arrives in New-York, via Boston, on the 8th of June, after an absence of four years

CHAPTER XXI.

Colonel Burr, on his return to New-York in 1811, resumes the practice of law; prejudices against him; kindness of Colonel Troup; letter from Joseph Alston to Burr, announcing the death of Aaron Burr Alston; effect upon Burr; Theodosia's health precarious; Timothy Greene despatched to bring her to New-York; letter from Greene; letter from Greene, stating that he is to sail for New-York in a few days, on board a schooner with Theodosia; letter from Alston to Theodosia, expressing apprehensions for her safety; from Alston to Burr on the same subject; from Alston to Burr, abandoning all hope of his wife's safety; Theodosia supposed to have perished in a gale of wind early in January, 1813; from Burr to Alston in relation to his private affairs; Burr expresses his opinions on great, but not on minor political questions; letter from Burr to Alston, denouncing the nomination of Monroe for president, and recommending General Jackson; Alston replies, concurring in sentiment with Burr, but ill health prevents his acting; Alston's death; letter from William A. Alston to Burr, explanatory of his late brother's will so far as Burr is interested; from Theodosia to her husband, at a moment when she supposes that death is approaching; Burr's continued zeal in favour of the South American States; letter from General Toledo to Colonel Burr in 1816, soliciting him to take command of the Mexican forces; Burr commissioned by the Republic of Venezuela in 1819; Burr's pursuits after his return from Europe; superintends the education of the Misses Eden; his pecuniary situation; state of his health; paralytic; manner of receiving strangers; restive and impatient at the close of his life; death; conveyed to Princeton for interment; an account of his funeral; proceedings of the Cliosophic Society

MEMOIRS OF AARON BURR.

                                                                                                                                                                                                                                                                                                           

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