CHAPTER VI.

This contest in Congress produced, almost immediately, strong feelings

of dissatisfaction between some of the friends of Mr. Jefferson and

Colonel Burr. Jealousies and distrust had previously existed. Mr.

Jefferson was anxious that Mr. Madison should be his successor in

office. The Clinton and Livingston families were prepared to unite in

a crusade against Colonel Burr; the chieftains of each section hoping

to fill the station from which he was to be expelled. General Hamilton

was in favour of the election of Mr. Jefferson, as opposed to Colonel

Burr. The result afforded him a triumph, and be was prepared, when

opportunity should present, to prostrate his late successful opponent.

Such was the state of parties, and such the feelings of leading and

distinguished partisans, when Colonel Burr entered upon the

vice-presidency, on the fourth of March, 1801. He was hemmed in on

every side by political adversaries, ready for the onset so soon as it

should be deemed expedient to make it. Every movement, every

expression at the convivial board or in the social circle, and every

action, was carefully watched and noted for future use, if, by the

exercise of ingenuity and misrepresentation, such expression or action

could be so tortured as to operate injuriously to him. These several

sections, each acting within its own sphere, impelled by conflicting

motives, were untiring in their efforts to accomplish the great

object--the ruin of the vice-president. They combined wealth, talents,

and government patronage.

The following short extracts from letters, written as early as 1794

and 1795, will show what were the wishes of Mr. Jefferson (so far as

any reliance can be placed on professions) in relation to Mr. Madison.

THOMAS JEFFERSON TO JAMES MADISON.

"Monticello, December 28, 1794.

"DEAR SIR,

"I do not see in the minds of those with whom I converse a greater

affliction than the fear of your retirement; [1] but this must not be,

_unless to a more splendid and more efficacious post_. [2]

There I should rejoice to see you; I hope I may say, I shall rejoice

to see you. I have long had much in my mind to say to you on that

subject; but double delicacies have kept me silent. I ought, perhaps,

to say, _while I would not give up my own retirement for the empire of

the universe_, how I can justify wishing one, whose happiness I have

so much at heart as yours, to take the front of the battle which is

fighting for my security."

THOMAS JEFFERSON TO JAMES MADISON.

"Monticello, April 27, 1795.

"DEAR SIR,

"In mine, to which yours of March the twenty-third was an answer, I

expressed my hope of the only change of position I ever wished to see

you make, and I expressed it with entire sincerity, because there is

not another person in the United States who, being placed at the helm

of our affairs, my mind would be so completely at rest for the fortune

of our political bark. The wish, too, was pure, and unmixed with any

thing respecting myself personally. * * * * * *

"If these general considerations were sufficient to ground a firm

resolution never to permit myself to think of the office (president),

or be thought of for it, the special ones which have supervened on my

retirement still more insuperably bar the door to it. My health is

entirely broken down within the last eight months; _my age requires

that I should place my affairs_ in a clear state; these are sound, if

taken care of, but capable of considerable dangers if longer

neglected; and, above all things, the delights I feel in the society

of my family, and in the agricultural pursuits in which I am so

eagerly engaged. _The little spice of ambition which I had in my

younger days has long since evaporated, and I set still less store by

a posthumous than present name_."

It is a remarkable fact, that, previous to the balloting in Congress,

all parties and sections of parties concurred in the opinion that the

election would finally be determined, as it was, by New-York,

New-Jersey, and Maryland. These _three_ states would render the

election of Colonel Burr certain; _two_ of them could elect Mr.

Jefferson. The vote, of New-York was to be decided by _Theodorus

Bailey_, of Dutchess county, and _Edward Livingston_, of the city of

New-York; the vote of New-Jersey by Mr. _Linn_, and the vote of

Maryland by Mr. _Dent_ or Mr. _Baer_.

In the Commercial Advertiser of the thirteenth of February, 1801, a

paper opposed to the election of Colonel Burr, there is published an

extract of a letter from a member of Congress, dated Washington,

February 10, which states that, upon the second ballot, it is expected

that New-York, New-Jersey, and Maryland will vote for Mr. Burr.

On the sixth of February, 1801, a leading and influential republican

member of Congress writes to his correspondent a letter, from which

the following is extracted:--

"I have not time to answer your letter as fully as I could wish, as it

would have been my desire to communicate to you not only facts, _but

some of the reasons which have induced us to adopt the steps we have

heretofore taken_. But, at all events, it is important that you should

have an immediate knowledge of the present situation of affairs.

"It is reduced to moral certainty, so far as any reliance can be

placed on the solemn determinations of men, that either Mr. Jefferson

will be chosen, or that there will be no choice made. The republican

majorities of eight states (including _Linn_ [3] of New-Jersey, and

the New-York representation, [4] the republican half of Maryland,

including Mr. Dent, [5] and Lyon of Vermont, are _pledged_ to

persevere in voting for Mr. Jefferson to the end, be the consequence

what it will."

Colonel Burr, soon after his election, gave his enemies an opportunity

to cavil. It would be impossible to enter into all the details

connected with this subject; but the principal charges which were made

against the vice-president, and assigned as reasons for opposing his

renomination, will be briefly presented. The replies to or

explanations of them, by the parties implicated, will also be given.

Late in November, 1801, when Mr. Burr was on his way to Washington to

take his seat in Senate as vice-president, he was addressed by certain

citizens of Baltimore, on which occasion he remarked, "Time will not

allow me to return you a written answer, but I must be permitted to

state my disapprobation of the mode of expressing public sentiment by

addresses." This gave offence to some, and, by the artful and

designing, was misrepresented. Mr. Burr, during the years 1798 and

1799, had beheld, with mortification and disgust, the adulatory, if

not sycophantic addresses presented to President Adams. This reproof,

therefore, of his friends, evinced his natural independence of

character as well as the purest republican notions.

In the month of January, 1802, a bill to repeal what was termed by the

republicans the federal midnight judiciary act, was pending before the

Senate. On the 27th of January, a motion was made to refer the bill to

a committee for the purpose of amendment. On this motion the votes

were, _ayes_, 14; _noes_, 14. The vice-president, Colonel Burr, was in

the chair. He said--"I am for the affirmative, because I never can

resist the reference of a measure where the Senate is so nicely

balanced, and when the object is to effect amendment that may

accommodate it to the opinions of a large majority, and particularly

when I can believe that gentlemen are sincere in wishing a reference

for this purpose. Should it, however, at any time appear that delay

only is intended, my conduct will be different."

This decision afforded the enemies of Colonel Burr an opportunity to

break ground more openly against him. He was now charged with aiding

the federal party in their efforts to embarrass the administration,

and with the design of defeating the wishes of the American people. As

yet, the charge of intriguing and negotiating with the federalists to

obtain the presidency in opposition to Mr. Jefferson had not been

made. The allies had not yet sufficiently poisoned the public mind

against the vice-president, nor had they subsidized the requisite

number of presses for carrying on the work of destruction. While the

grand assault was meditating, and these _feints_ were carrying on

against the vice-president, he was constantly receiving approbatory

letters from intelligent and well-informed citizens, many of whom

cowered beneath the storm when, in the height of its fury, it burst

upon the victim. From among a number the following are selected:--

FROM A. J. DALLAS.

Philadelphia, 3d February, 1802.[6]

DEAR SIR,

On the judiciary question, I wrote my sentiments to Mr. Wilson

Nicholas early in the session. I am sorry our friends have taken so

peremptory a position, as the very circumstance of having taken it

will render it difficult to move them. I cannot concur with them in

the policy or expediency of the measure. The business of the court

will not allow me to give my reasons in detail, but you shall have my

brief.

1. There never was a case in which a party could be more justified in

expressing their resentment, on account of the manner of passing the

act; the manner of organizing the courts; the nature of the opposition

to the repeal, denying its constitutionality, and menacing a civil

war.

2. The repeal would be constitutional, from a review of the

principles, and terms of the constitution itself; of the peculiar

situation of the country ; its growing population ; its extending

prospects; its increasing wants, pursuits, and refinements, &c.; of

the analogy to the Judiciary Institution of England, where independent

of the legislature is not within the policy or provision of the

statutes relative to the commissions of the judges; of the analogy to

the Judiciary Institutions of the sister states, which have all been

subject to legislative interference occasionally. In Pennsylvania

particularly, the constitution declares that the judges shall hold

their commissions during good behaviour; yet it expressly authorizes

the legislature to abolish the Court of Common Pleas, &c.; and of the

precedents in the existing act of Congress, which is an exercise of

the power _sub modo_.

3. But notwithstanding the indignation I feel, in common with our

friends, at the manner of passing the Circuit Court act; and

notwithstanding my perfect conviction that Congress has the power of

repealing the act, I think the repeal would be impolitic and

inexpedient. If it would be impolitic acting on party principles, it

would be inexpedient of course; but I mean, also, that it would be

inexpedient on account of the use that Pennsylvania (and I presume the

same as to other states) has derived from the institution:

1st. _It is impolitic_.

The republicans are not agreed on the constitutionality of the repeal.

The people at large have imbibed strong prejudices on the subject of

judicial independence. The repeal would be ascribed to party

animosity; and if future amendments should be made, it would be

considered as a personal proceeding, merely to remove the present

judges: the hazard of loss in public opinion is greater than the hope

of gain. There is a mass of the community that will not be fermented

by the leaven of party passions. By persons of this description, the

motive and effect will be strictly analyzed and purified. The mere

resuscitation of the old system will either expose the administration

of justice to inconceivable embarrassments, or demonstrate the motive

to be abstractedly a party one, by calling for an immediate reform.

The clamour of the federalists will at least have a reasonable

foundation.

2. _It is inexpedient_.

The mere repeal will reinstate a system which every man of common

sense and candour must deprecate. It will entirely destroy

institutions susceptible of being modelled into a form economical as

well as useful. It will deprive some states of tribunals which have

been found highly advantageous, to the despatch of business. I allude

particularly to Pennsylvania. In this state justice, as far as

respects our state courts, is in a state of dissolution, from the

excess of business and the parsimony of the legislature.

With this view of the subject you will perceive that I think--_First_,

There ought not to be a total repeal. _Second_, There ought to be

amendments.

If, however, a repeal should take place, I am clearly of opinion that

it would be unjustifiable to make any provision for the ex-judges. On

this point and on the introduction of amendments I will, if you desire

it, amplify by a future post.

The zealous republicans are exciting some intemperance here, in

opposition to a memorial from our bar, which, you will perceive, is

confined to the operation of the law in this state as a matter of

fact, and not to any controversy of a constitutional or political

nature.

I shall be anxious to hear from you as often as you can spare a

moment, and particularly while the judiciary bill is pending.

Yours, with great regard,

A. J. DALLAS.

FROM NATHANIEL NILES.

February 17, 1802.

DEAR SIR,

Permit me to thank you most sincerely for the vote you gave in favour

of Mr. Dayton's motion to refer the judiciary bill to a select

committee; not because I am by any means satisfied it is not best that

bill should pass, but because I earnestly desire that republicanism

should on every occasion display the spirit of conciliation, as far as

can be done without the destruction of principle. I am every day more

and more satisfied that the cause is more endangered by the want of

such displays than by every thing besides. The fate of parties in and

about Congress will ultimately be determined by the great body of the

well informed in the middle walks of life. It is happy, in some

respects, that these are generally so far from the scene of action as

to be tolerably free from the blinding influence of those passions

which the scene itself is calculated to excite. They wish for every

thing that tends to convince the great public that republicanism,

instead of being hostile, is friendly to moderation and harmony. Shall

we not do well to mark with great care and precision the sunken rocks

and shoals on which self-denominated federalism has dashed itself to

pieces? Among these I would enumerate their too eager and violent

pursuit of their object. Had they been patient and accommodating, the

eyes of the public would have been still hoodwinked, until habit,

gradually acquired, would have rendered an expensive monarchy the most

agreeable government. But, thank Heaven, they, by overacting, exposed

their own feelings and designs. Will not the same pertinacity and

precipitation endanger the better--the opposite cause? It is a

prevalent idea among us middling people, that a good government must

be a moderate one; and we are exceedingly apt to judge of the spirit

of the government from the spirit of our rulers. Every thing

non-conciliating bears in its very front strong symptoms of a

tyrannical spirit.

I am, sir, the more gratified by your moderation because (though I am

ashamed to avow it) I have heard you was too impetuous. Pardon my

mistake; and suffer me to entreat you to encourage a steady pursuit of

republican measures in that way which will convince the bystanders

that the actors are uniformly and irresistibly urged to pursue them by

cool conviction, resulting from a candid, extensive, and philanthropic

survey of the great object. Passion and caprice very illy become so

awfully sublime an object as that for which well-informed republicans

contend.

With sentiments of respect, your obedient servant,

NATHANIEL NILES.

FROM A. J. DALLAS.

Philadelphia, 3d April, 1802.

DEAR SIR,

The judiciary storm has passed away for the present. I perceive,

however, that an effort is making to improve the old system without

increasing the number of judges; and we are once more unanimous at the

bar of Philadelphia in rejoicing that Paterson, and not Chase,

presides in our circuit. I had begun an outline of courts and

jurisdictions agreeably to your wish; but I lost the hope of its being

adopted when finished, so I abandoned the labour. Perhaps it may be

worth while to renew the scheme, with a view to a future session.

There are some rumours of jealousy and dissatisfaction prevailing

among the republican leaders, in the executive as well as the

legislative departments of the federal as well as of our state

government. It will be disgraceful, indeed, if the rumours axe true.

Very sincerely yours,

A. J. DALLAS.

Such were the sentiments and views of many of the most pure and

intelligent of the republican party in relation to a repeal of the

judiciary act of 1800. The preceding letters express the opinions

entertained by thousands who were opposed to federal men and federal

measures, but who wanted time for reflection; and yet, when Colonel

Burr voted to recommit the repealing bill for the purpose of

ascertaining whether it could not be rendered more satisfactory, the

conspirators cried aloud, _Crucify him--crucify him_.

The plot now began to thicken. During the year 1801, a Scotchman by

the name of Wood was employed to write "_A History of John Adams's

Administration_." Ward & Barlas, booksellers in New-York, were the

proprietors of the copyright, and printed 1250 copies. William Duane,

editor of the Aurora, furnished the author a portion of his materials,

and became the agent to negotiate with a London bookseller for the

publication of an edition in England. In the summer or autumn of 1801

Colonel Burr was informed of the progress of the work, and procured a

copy before it was ready for publication. On examining it, he came to

the conclusion that it was calculated to do the republican party more

injury than good. It abounded with misrepresentations, errors, and

libels. Mr. Burr, through a friend, agreed to pay a stipulated sum for

the suppression of the work, under the most solemn assurance that no

copy or copies would be permitted to go into the hands of any third

person, but that the whole edition should be delivered to the agent

who was to pay the money. Before the time of payment arrived, it was

ascertained that a copy or copies had been parted with, and would not

be returned. The contract was, therefore, never carried into effect.

Pending this negotiation, Mr. Duane, through Wood or Ward & Barlas,

was made acquainted with the arrangements which were in progress.

Cheetham, the editor of the American Citizen, was also informed of

what was doing. This was considered a most favourable opportunity for

assailing the vice-president, and charging him with the design of

suppressing the History of John Adams's Administration for the purpose

of keeping the people in ignorance of the wrong doings of the federal

party. Although the assailants had a full view of the whole ground,

yet the attack was commenced by innuendoes, indicating ignorance of

the true state of facts. The charge operated most injuriously upon the

republican character of Colonel Burr. The injury was irreparable, and

the attacks continued with unexampled malignity.

This brief statement, it is hoped, will be found sufficiently explicit

to be intelligible. And now for the conduct of Mr. Duane on the

occasion. His object, and the object of his employers, was

accomplished; but whether a short development of the whole case will

or will not add to his fame, the reader must determine.

On or about the 27th of February, 1802, the editor of the Aurora, in

his paper, states that a curious fact has lately been brought to light

in New-York; that Wood had completed his engagement with Ward & Barlas

to furnish a history of John Adams's Administration, and that 1250

copies were printed, but suppressed at the desire of some person. Mr.

Duane then animadverts with harshness, and expresses a wish to get a

clew to the names of the person or persons who suppressed the work.

On the 31st of May, 1802, the Aurora states that the American Citizen

and the Evening Post have commenced a warfare, of which Mr. Burr is

the object; that the principal matter of charge is the suppression of

Wood's History of John Adams's Administration; and then adds--"We are

fully possessed of one side of the subject, and have perused the

suppressed book attentively."

On the 12th of July, 1802, the Aurora says--"So far as it relates to

Mr. Burr, my opinions have been uniform and reiterated to his

particular friends, that if the motives for the suppression of the

book were not _satisfactorily explained to the public_, his standing

with the republican interest was gone."

During the period between February and July, 1802, the Aurora

reprinted the slanders of Cheetham against Mr. Burr in relation to the

suppressed book, and continued, from time to time, his own attacks

upon the vice-president. While thus _publicly_ giving currency to

these calumnies, would it be believed (if asserted) that Mr. Duane was

_privately_ writing Colonel Burr, and approving of his conduct in

suppressing the work? One of his letters on this subject is deemed

sufficient to a right understanding of the case. It will now be given

without comment. * * * * *

FROM WILLIAM DUANE.

Thursday, April 15, 1802.

DEAR SIR,

I think it fortunate that the pamphlet of Mr. Wood has not yet been

published, and that it would be much more so if it were not ever to

see the light. It has disappointed my expectations of finding in it at

least some useful reflections and reasonings, however little novelty

there might be in the facts. But, even in the narration of facts, I

find numerous errors, and not a few misrepresentations of things

notorious to every man who has attended with understanding to the

course of public affairs. There is in it a _something_, too, of a

character very different from what was represented to me; the adoption

of the story of Hamilton [7] and Lafayette, if it is not the effect of

an indifference to accuracy, or a coldness in pursuit of truth, is

something much worse, and at least is suspicious: there is more of the

same kind of matter, and less attention to the influence and views of

such characters, than the subject required. I consider it, upon the

whole, as a hasty, crude, and inconsistent production, calculated

rather to produce evil than the least good--as it would be attributed

to the republicans, with all its faults and inconsistencies, and a

credit assumed from it as a party confession of merit, in a particular

character, which is not founded, at least in the way stated in the

pamphlet. Were some parts of it omitted, and false statements

rectified, it might not do any harm; and perhaps it might be found

advisable to adopt some plan of that kind, making a careful _record of

the omissions_ to insert any future _misrepresentations_, and a like

record of such _additions_ or _alterations_. This might be very easily

done by printing the pages anew which contain the exceptionable parts,

and, if necessary, substituting reflections or anecdotes, founded in

fact, in their places. This might be done at a small expense. The

thing, thus corrected, published; and, if any effort should be made to

misrepresent, credit would be derived even by the defence, and the

exposure of the motives for suppressing the misstatements.

This I have thought proper to write you, and I hope will, in its

object and motives, find with you an excuse for doing so.

I am, with respect, your obedient servant,

WILLIAM DUANE.

Footnotes:

1. Mr. Madison was then a member of Congress.

2. President of the United States.

3. Appointed by Mr. Jefferson supervisor of internal revenue for the

state of New-Jersey.

4. Edward Livingston and Theodorus Bailey; the former appointed United

States district attorney for the district of New-York; the latter

subsequently appointed postmaster of the city of New-York, and removed

from the country, a distance of nearly one hundred miles, to take

charge of the office. Cheetham, editor of the _American Citizen,_ some

time after Mr. Livingston's appointment, in referring to him,

says--"Should Mr. Burr's _confidential friend ever become dangerous,

we will show what he has been and what he is_."

5. Appointed United States marshal for the Potomac district of

Maryland.

6. This letter is dated _seven_ days after Mr. Burr's casting vote in

the Senate.

7. The story here referred to is thus related by Wood in his history:

"In the year 1780, he (Hamilton) was promoted to the rank of colonel,

and at the siege of Yorktown commanded the attack on one of the

redoubts, the capture of which decided the fate of Lord Cornwallis and

his army. The conduct of Mr. Hamilton on this occasion was truly

honourable, and, in the history of his life, ought to weigh against

several of those scars that have since stained his character. Previous

to the attack, the Marquis de Lafayette proposed to General Washington

to put to death all the British troops that should be found in the

redoubts, as a retaliation for several acts of barbarity committed by

the royal army. The steady and nervous mind of Washington, which was

ever known to yield to the virtuous prejudice of compassion, gave his

assent to the bloody order. But Mr. Hamilton (the tenderness of whose

feelings has led him into error), after the redoubts were subdued,

took the conquered under his protection, and proved to his enemies

that Americans know how to fight, but not to murder." [General

Hamilton, in a letter referring to this same story, says--"Positively

and unequivocally, I declare that no such or similar order, or any

intimation or hint resembling it, was ever by me received or

understood to have been given."

Memoirs of Aaron Burr, Complete · 第 6 / 21 章