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.