CHAPTER XVIII.

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.

Memoirs of Aaron Burr, Volume 1. · 第 18 / 18 章