It has been seen that the Livingstons were of the Schuyler party
during the revolutionary war, and that they continued so until the
year 1787, when, in common with their political friends, they were the
warm and ardent champions of the Federal Constitution. After its
adoption, and the organization of the government under it, they soon
became dissatisfied. The cause of that dissatisfaction has been
differently explained. On the one hand it was said that they were
alarmed at the doctrines of those who had been called to administer
the government, and at the assumption of powers not delegated by the
people. That they apprehended the government was verging towards a
_consolidated national_, instead of a _federal_ government of states.
On the other hand it was alleged that the family were disappointed and
disgusted at the neglect which they experienced from General
Washington. That, as Robert R. Livingston had been, in the state
convention which adopted the Constitution, one of its most splendid
and efficient supporters, he and his connexions anticipated his
appointment to some exalted station; but that, while he was passed by
unnoticed, his colleagues in that body, John Jay and Alexander
Hamilton, had both received distinguished appointments--the one as
Chief Justice of the United States, and the other as Secretary of the
Treasury. Whatever may have been the cause of this change, it is
certain that they soon abandoned the federal, and united their
political destiny with the anti-federal party. Although these
gentlemen, as politicians, were acting in concert with Mr. Burr, yet
there was no cordiality of feeling between them. In their social
intercourse, however, the most perfect comity was observed; and as
they were in a minority, struggling to break down a party haughty,
proscriptive, and intolerant beyond any thing that the American people
had beheld, they zealously united their efforts in effecting the
revolution of 1800.
Soon after the adoption of the new constitution, the anti-federal
party were recognised by a name more descriptive of their principles
and their views. They assumed the title of democrats. They considered
themselves anti-consolidationists, but not anti-federalists. They knew
that a section of the dominant party were the friends of a splendid
national government. That they were the advocates of a system, by
means of which all power would have concentrated in the general, and
the state governments been reduced to the level of mere corporations.
Against this system the democrats reasoned and contended with unabated
zeal. They were the early, unflinching, and faithful champions of
state rights_.
From the year 1790 until 1800, the democratic and federal parties were
alternately triumphant, both in the city and in the state of New-York.
In the former, the result of an election was frequently decided by the
operations of some local or exciting topic. No decisive contest took
place between the parties previous to 1800, founded on any great or
controlling principle of government. But, during the years 1798 and
1799, the whole country was agitated from one extreme to the other.
Revolutionary France was convulsed, and, in the midst of her
convulsions and sufferings, was daily committing the most cruel and
wanton excesses towards her own citizens, while she was offering
taunts and insults to foreign nations. The federal party seemed to
sigh for a war with France. Pretending that they apprehended a French
invasion, a large standing army was raised. At the head of this army,
second in command to General Washington, was placed General Alexander
Hamilton. To support the army and other useless extravagant
expenditures, a land tax and an _eight per cent._ loan was found
necessary. To silence the murmurs of an oppressed people, a sedition
law was enacted. Such were some of the fruits of the elder Mr. Adams's
administration.
In the autumn of 1799 and the winter of 1799-1800, the interesting and
vital question was presented to the American nation:--Will you sustain
this administration and these measures, and thus rivet chains upon
yourselves and your posterity? Or will you calmly, but firmly and in
union, resort to the constitutional remedy (the ballot-boxes) for
relief from wrongs and oppressions which, if permitted to endure, must
terminate in the horrors of intestine war? Here was a question of
principle; and, it is believed, a question which was to decide the
character of the government. Each party felt that it was a mighty
struggle, decisive of its future political influence, if not of its
existence.
The elections in the state of New-York were held in the month of
April. In the year 1799 the federalists had a majority in the city of
more than nine hundred. During the summer, it was universally conceded
that on the state of New-York the presidential election would depend,
and that the result in the city would decide the fate of the state.
That this opinion was as universal as it was true, cannot be more
distinctly exhibited than by the following extract of a letter from
Mr. Jefferson to Mr. Madison, dated 4th March, 1800.
"In New-York all depends on the success of the city election, which is
of twelve members, and of course makes a difference of twenty-four,
which is sufficient to make the two houses, joined together,
republican in their vote. * * * * * * Upon the whole, I consider it as
rather more doubtful than the last election (1796), in which I was not
deceived in more than a vote or two. * * * * * * In any event, we may
say, that if the city election of New-York is in favour of the
republican ticket, the issue will be republican; if the federal ticket
for the city of New-York prevails, the probabilities will be in favour
of a federal issue, because it would then require a republican vote
both from New-Jersey and Pennsylvania to preponderate against
New-York, on which we could not count with any confidence."
Reference has been made to the conflicting factions of which the
democratic party was now composed. The Clinton section, the Livingston
section, and the Burr section. The first and last were apparently the
same, but not so in reality. Colonel Burr's commanding talents had
acquired for him an influence in the ranks of the democratic party in
other states, which created some jealousy in the Clinton family, the
younger and collateral branches of which were extremely hostile to
him. The ambition of Burr, sustained by a daring spirit and
unconquerable perseverance, awakened the apprehensions of Governor
George Clinton lest he should be supplanted. The governor was a man of
great sagacity and shrewdness. But these two sections, or, perhaps,
more properly, the heads of them, united in their opposition to the
Livingstons.
During the winter of 1800, the efforts of Colonel Burr to bring about
a concert in action of these discordant materials were unceasing. With
his own personal friends he had no difficulty, for it was ever one of
his characteristics to secure inviolable the attachment of his
friends. They were of the most ardent and devoted kind. Confiding in
his patriotism and judgment, and feeling that he was incapable of
deceiving them, they seemed willing, at all times and under all
circumstances, to hazard their lives and fortunes in his support. They
were generally young men of gallant bearing and disinterested views.
No sordid calculations were made by them. No mercenary considerations
influenced their conduct. They beheld in Colonel Burr a patriot hero
of the revolution, who had commingled with their fathers in the
battle-field, and who had perilled every thing in his country's cause.
Such were his friends, and such their zeal in his behalf. It was here
that Colonel Burr was all-powerful, for he possessed, in a pre-eminent
degree, the art of fascinating the youthful. But with all this tact
and talent, he was credulous and easily deceived. He therefore often
became the dupe of the most worthless and unprincipled.
Mr. Burr held frequent private meetings with his most intimate and
confidential friends. At all these meetings it is believed the success
of the democratic party was the only question under consideration. No
local or personal interests were permitted to be discussed. The
triumph of the party, as a whole, was the great object. By his
adherents, it was deemed indispensable that he should be a member of
the legislature to be chosen in April, which body was to appoint the
presidential electors. While, on the other hand, it was considered not
less necessary that he should be free to act at the polls in the city
of New-York during the election. How was this to be effected? After
much conference and deliberation it was resolved that he should be
elected from Orange county, if the arrangement could be made, and the
execution of the plan was intrusted principally to Peter Townsend,
Esquire, of Chester, who, with the aid of other influential friends,
accomplished it.
The next question was, Of whom shall the assembly ticket for the city
be composed? On the suggestion of Colonel Burr, the names of certain
distinguished individuals, venerable in years, and respected for their
services, for months before the election were put in circulation as
candidates; and, among others, Governor George Clinton and General
Horatio Gates. At length the nominating committees were chosen; but so
general had been the conversations as to suitable candidates, that
very little diversity of opinion prevailed in the formation of the
ticket.
The following persons were nominated: George Clinton, Horatio Gates,
Samuel Osgood, Henry Rutgers, Elias Nexsen, Thomas Storm, George
Warner, Philip I. Arcularius, James Hunt, Ezekiel Robins, Brockholst
Livingston, and John Swartwout.
In this ticket the three sections of the democratic, but at this
election designated the _republican party,_ are fully represented.
Governor Clinton at the head of one section, Brockholst Livingston
representing another, and General Gates, well known to be the personal
and political friend of Colonel Burr. This ticket being nominated by
the committee, the difficulty was to procure their consent to stand as
candidates. A majority of them had no expectation of success. They
considered the contest as a forlorn hope, and shrank from being set up
as targets to be shot at. Governor Clinton, General Gates, Brockholst
Livingston, and others, had repeatedly declared their fixed
determination not to permit their names to be used.
A sub-committee was appointed to wait upon the candidates, and obtain
permission to present their names for approval to a general meeting of
citizens to be convened for that purpose. The sub-committee consisted
of Aaron Burr, David Gelston, John Swartwout, John Mills, and Matthew
L. Davis. After various communications and much persuasion, _nine_ of
the candidates consented, some of them conditionally. But Governor
Clinton, General Gates, and Brockholst Livingston were for a time
immoveable. At length Colonel Burr induced Judge Livingston to agree
that he would serve, if Governor Clinton and General Gates consented
to serve. The sub-committee next waited upon General Gates, and
Colonel Burr appealed to him in the most mild and persuasive language.
After much importunity he yielded, provided Governor Clinton was also
a candidate.
No terms can give a correct idea of the scenes between Governor
Clinton and the sub-committee, for they had an interview with him on
three different days. The last was at the house of Colonel Burr, where
Mr. Clinton met the committee by appointment. He never did consent to
stand, but pledged himself to Colonel Burr and the committee that he
would publish nothing in the newspapers, reserving to himself the
right (which he subsequently exercised) of stating in conversation
that his name was used without his authority or permission. Thus it is
evident, that but for the matchless perseverance of Colonel Burr, the
ticket, as it stood, never could have been formed, and, when formed,
would have been broken up, and the republican party discomfited and
beaten.
An imperfect sketch of the scene at the house of Colonel Burr was
published in the year 1802, in a pamphlet under the signature of
_Aristides_. The following is extracted from it. The note of reference
here given is also extracted. Its correctness was never publicly
denied by either of the gentlemen named. There exists no longer any
reason for concealment on the subject; and it is therefore now
admitted that this _note_ was written from memorandums made at the
time by the author of this volume.
EXTRACT,
"Governor Clinton, however, remained unmoved by the most earnest
solicitations; and, with matchless firmness, resisted the arguments of
Mr. Burr, who forcibly asserted that it was a right inherent in the
community to command the services of an individual when the nature of
public exigences seemed to require it. He was inflexible to the last,
and then was nominated and elected without a distinct expression of
his approbation. Justice, however, induces me to acknowledge, that the
reasons he assigned for the reluctance with which he acted were
plausible and potent.
"He explicitly declared that he had long entertained an unfavourable
opinion of Mr. Jefferson's talents as a statesman and his firmness as
a republican. That he conceived him an accommodating trimmer, who
would change with times, and bend to circumstances for the purposes of
personal promotion. Impressed with these sentiments, he could not,
with propriety, he said, acquiesce in the elevation of a man destitute
of the qualifications essential to the good administration of the
government; and added other expressions too vulgar to be here
repeated. 'But,' said he, with energy, 'if you, Mr. Burr, was the
candidate for the presidential chair, I would act with pleasure and
with vigour.'"
It is so notorious that these were Governor Clinton's sentiments, that
it is scarcely necessary to produce authority to prove it. To remove,
however, every doubt in the reader's mind, I will refer him to Mr.
David Gelston, Mr. John Mills, Mr. John Swartwout, or Mr. Matthew L.
Davis, in whose presence these sentiments, and many others more
disrespectful, if possible, were uttered. It was at the house of Mr.
Burr, who, anticipating the evil consequences that at that critical
moment would result from such conduct in Governor Clinton, insisted,
before he left the house, that he should promise his friends to desist
from using such language previous to or during the election. This was
very reluctantly complied with on the part of Mr. Clinton.
"Notwithstanding this, they were continually reiterated by his son,
who publicly and loudly animadverted upon the character of Mr.
Jefferson with the most vulgar severity. Similar sentiments were
certainly entertained by all Governor Clinton's connexions, as their
conduct during the election clearly evinced. Mr. Dewitt Clinton,
through the whole contest, never appeared at the poll, but observed
the most shameful indfference and inactivity."
The nomination of a ticket having been made and approved at a public
meeting over which Anthony Lispenard presided, its effect upon both
parties was tremendous. The character and standing of the candidates
seemed a presage of victory. It elated, and gave life and vigour to
the republicans, while it paralyzed and depressed the federalists.
Never before or since has a ticket been presented to the citizens of
New-York composed of men combining such talents, patriotism,
experience, and public services, as the republican assembly ticket for
the year 1800.
Those who possess a knowledge of the character of Colonel Burr know
what were his qualifications for execution. The plan of the campaign
having been opened, it only remained to be executed. In the
performance of this duty, all Mr. Burr's industry, perseverance, and
energy were called into operation. Nor were the federal party idle or
inactive. They possessed wealth and patronage. Led on to the contest
by their talented chieftain, General Hamilton, whose influence in
their ranks was unbounded, they made a desperate but ineffectual
resistance to the assaults upon their political citadel. If defeated
here, their power was gone, and the administration of the government
lost. Both General Hamilton and Colonel Burr exerted themselves
personally at the polls during the three days of election. They
repeatedly addressed the people, and did all that men could do. They
frequently met at the same polls, and argued, in the presence of large
assemblages, the debatable questions. Their deportment towards each
other and towards their opponents was such as comported with the
dignity of two of the most accomplished and courtly gentlemen of the
age in which they lived.
The polls of the election opened on the morning of the 29th of April,
and finally closed at sunset on the 1st of May. Immediately after, the
inspectors commenced counting and canvassing the ballots. Sufficient
progress was made during the night to render it, in a great measure,
certain that the republican ticket had succeeded; and on the 2d of May
this result was announced, the average majority being about 490. All
doubt as to the presidential vote of the state of New-York was now
removed, unless the federal party, in their expiring agonies, could
devise some plan by which the will of the people, thus clearly
expressed, should be defeated. Such apprehensions were entertained,
and, it was soon discovered, not entertained without good reason.
In both branches of the legislature elected in 1799 the federalists
had a majority. The time of service of the members would expire on the
1st of July, 1800. After the nomination of the republican assembly
ticket, but previous to the election in April, 1800, it was suspected
that certain federalists had in contemplation a project to render the
city election null and void if the republicans succeeded. When the
polls were closed, therefore, discreet and intelligent men were placed
at them to guard, if it should be found necessary, the inspectors from
committing, inadvertently, any errors, either in canvassing or making
their returns. Every movement, subsequently, of leading federal
gentlemen was narrowly and cautiously watched. The result of the
election was announced on the 2d of May. On the 3d of May, in the
evening, a select and confidential federal caucus was held. On the 4th
a letter was written to William Duane, editor of the Aurora, stating
that such a caucus had been held the preceding night, and that it was
determined by the caucus to solicit Governor Jay to convene the
existing legislature forthwith, for the purpose of changing the mode
of choosing electors for president, and placing it in the hands of the
people by districts. The effect of such a measure would have been to
neutralize the State of New-York, and, as the result finally proved,
would have secured to the federal party their president and
vice-president. This letter was published in the Aurora of the 6th of
May, and called forth the denunciations of those federal papers whose
conductors were not in the secret. The author of the letter was
assailed as a _Jacobin_ calumniator, and the whole story was
pronounced a vile fabrication. One of the New-York city papers
reprinted the letter, and thus closes its commentary on it:--"Where is
the American who _will not detest the author of this infamous lie_? If
there is a man to be found who will sanction this publication, he is
worse than the worst of Jacobins!"
What effect, if any, was produced by this immediate exposure of the
caucus proceedings, it is not necessary now to inquire. It is
sufficient to say that the development was, in all its parts,
literally correct, and the subject is here introduced for the twofold
purpose of showing, _first_, the vigilance, promptitude, and
arrangement of the republican party of that day; and, _second_, the
means to which certain desperate federalists were willing to resort
for the purpose of retaining power. That the representations contained
in the publication of the Aurora were strictly true, is now matter of
recorded history.
In the life of John Jay, vol. i., p. 412, the letter addressed to the
governor on this subject is published. It bears date _one day_ after
the publication in the Aurora, but before the paper reached the city
of New-York. The author of the work, after some preliminary remarks,
Says--"These details will explain the proposal made in the following
letter, which was received by the governor _from one of the most
distinguished federalists in the United States_." [1]
TO JOHN JAY.
New-York May 7, 1800.
DEAR SIR,
You have been informed of the loss of our election in this city. It is
also known that we have been unfortunate throughout Long Island and in
Westchester. According to the returns hitherto, it is too probable
that we lose our senator for this district.
The moral certainty, therefore, is, that there will be an anti-federal
majority in the ensuing legislature; and the very high probability is,
that this will bring Jefferson into the chief magistracy, unless it be
prevented by the measure which I shall now submit to your
consideration; namely, the immediate calling together of the existing
legislature.
I am aware that there are weighty objections to the measure; but the
reasons for it appear to me to outweigh the objections; and, in times
like these in which we live, it will not do to be over scrupulous. It
is easy to sacrifice the substantial interests of society by a strict
adherence to ordinary rules.
In observing this I shall not be supposed to mean that any thing ought
to be done which integrity will forbid; but merely that the scruples
of delicacy and propriety, as relative to a common course of things,
ought to yield to the extraordinary nature of the crisis. They ought
not to hinder the taking of a legal and constitutional step to prevent
an atheist in religion and a fanatic in politics from getting
possession of the helm of state.
You, sir, know in a great degree the anti-federal party; but I fear
you do not know them as well as I do. 'Tis a composition, indeed, of
very incongruous materials, but all tending to mischief--some of them
to the overthrow of the government, by stripping it of its due
energies; others of them to a revolution after the manner of
Bonaparte. I speak from indubitable facts, not from conjectures and
inferences. In proportion as the true character of the party is
understood, is the force of the considerations which urge to every
effort to disappoint it; and it seems to me that there is a very
solemn obligation to employ the means in our power.
The calling of the legislature will have for object the choosing of
electors by the people in districts; this (as Pennsylvania will do
nothing) will ensure a majority of votes in the United States for a
federal candidate. The measure will not fail to be approved by all the
federal party, while it will, no doubt, be condemned by the opposite.
As to its intrinsic nature, it is justified by unequivocal reasons of
_public safety_.
The reasonable part of the world will, I believe, approve it. They
will see it as a proceeding out of the common course, but warranted by
the particular nature of the crisis and the great cause of social
order.
If done, the motive ought to be frankly avowed. In your communication
to the legislature, they ought to be told that temporary circumstances
had rendered it probable that, without their interposition, the
executive authority of the general government would be transferred to
hands hostile to the system heretofore pursued with so much success,
and dangerous to the peace, happiness, and order of the country. That
under this impression, from facts convincing to your own mind, you had
thought it your duty to give the existing legislature an opportunity
of deliberating whether it would not be proper to interpose, and
endeavour to prevent so great an evil, by referring the choice of
electors to the people distributed into districts.
In weighing this suggestion, you will doubtless bear in mind that
popular governments must certainly be overturned; and, while they
endure, prove engines of mischief, if one party will call to its aid
all the resources which vice can give, and if the other (however
pressing the emergency) confines itself within all the ordinary forms
of delicacy and decorum.
The legislature can be brought together in three weeks, so that there
will be full time for the object; but none ought to be lost.
Think well, my dear sir, of this proposition; appreciate the extreme
danger of the crisis; and I am unusually mistaken in my view of the
matter if you do not see it right and expedient to adopt the measure.
Respectfully and affectionately yours.
Mr. Jay's biographer adds--"On this letter is the following
endorsement in the governor's hand, _Proposing a measure for party
purposes which I think it would not become me to adopt_."
Footnotes:
1. As there were but _few_ of "the most distinguished federalists in
the United States" residing at that time in the city of New-York, the
intelligent reader will form his own conclusions as to the source from
whence it emanated.