CHAPTER VIII.

The necessary information having been given to Mr. Bayard to enable

him to procure the depositions of his father and General Smith, they

were accordingly obtained from Mr. Bradley, of Vermont. Before

presenting them, it may not be improper to give the letters of two

members of Congress, one of which enters somewhat into a history of

the case, and _both_ of which negatives, in the most positive manner,

any attempt of Colonel Burr, or any person acting in his behalf, to

negotiate, bargain, or intrigue with the federal party for the office

of president.

WILLIAM COOPER TO THOMAS MORRIS. [1]

Washington, February 10, 1801.

DEAR SIR,

We have this day locked ourselves up by a rule to proceed to choose a

president before we adjourn. * * * * * * * We shall run Burr

perseveringly. You shall hear of the result instantly after the fact

is ascertained. _A little good management would have secured our

object on the first vote_, but now it is too late for any operations

to be gone into, except that of adhering to Burr, and leave the

consequences to those who have heretofore been his friends. If we

succeed, a faithful support must, on our part, be given to his

administration, which, I hope, will be wise and energetic.

Your friend,

W. COOPER.

WILLIAM COOPER TO THOMAS MORRIS.

February 13, 1801.

DEAR SIR,

We have postponed, until to-morrow 11 o'clock, the voting for

president. All stand firm. Jefferson eight--Burr six--divided two.

_Had Burr done any thing for himself, he would long ere this have been

president._ If a majority would answer, he would have it on every

vote.

FROM JAMES A. BAYARD TO ALEXANDER HAMILTON.

Washington, January 7, 1801.

DEAR SIR,

I have been but a few days in this city; but, since my arrival, have

had the pleasure to receive the letter which you did me the honour to

write on the 27th ult. I am fully sensible of the great importance of

the subject to which it relates, and am, therefore, extremely obliged

by the information you have been so good as to communicate.

* * * * *

It is considered that at least, in the first instance, Georgia, North

Carolina, Virginia, Tennessee, Kentucky, Pennsylvania, New-Jersey, and

New-York will vote for Mr. Jefferson. It is probable that Maryland and

Vermont will be divided. It is therefore counted, that upon the first

ballot it would be possible to give to Mr. Burr six votes. It is

calculated, however, and strongly insisted by some gentlemen, that a

persevering opposition to Mr. Jefferson would bring over _New-York,

New-Jersey, and Maryland._ What is the probability relative to

New-York?--your means enable you to form the most correct opinion. As

to New-Jersey and Maryland, it would depend on Mr. Linn of the former

and Mr. Dent of the latter state.

I assure you, sir, there appears to be a strong inclination in a

majority of the federal party to support Mr. Burr. The current has

already acquired considerable force, and is manifestly increasing. The

vote which the representation of a state enables me to give would

decide the question in favour of Mr. Jefferson. At present I am by no

means decided as to the object of preference. If the federal party

should take up Mr. Burr, I ought certainly to be impressed with the

most undoubting conviction before I separated myself from them. I

cannot, however, deny that there are strong considerations which give

a preference to Mr. Jefferson. The subject admits of many and very

doubtful views; and, before I resolve on the part I shall take, I will

await the approach of the crisis, which may probably bring with it

circumstances decisive of the event.

The federal party meet on Friday for the purpose of forming a

resolution as to their line of conduct. I have not the least doubt of

their agreeing to support Colonel Burr. Their determination will not

bind me; for though it might cost me a painful struggle to disappoint

the views and wishes of many gentlemen with whom I have been

accustomed to act, yet the magnitude of the subject forbids the

sacrifice of a strong conviction.

I cannot answer for the coherence of my letter, as I have undertaken

to write to you from the chamber of representatives, with an attention

divided by the debate which occupies the house. I have not considered

myself at liberty to show your letter to any one, though I think it

would be serviceable, if you could trust my discretion in the

communication of it.

With great consideration,

Your obedient servant,

JAMES A. BAYARD.

GEORGE BAER TO RICHARD H. BAYARD.

Frederick, April 19, 1830

SIR,

In compliance with your request, I now communicate to you my

recollections of the events of the presidential election by the House

of Representatives in 1801. There has been no period of our political

history more misunderstood and more grossly misrepresented. The course

adopted by the federal party was one of principle, and not of faction;

and I think the present a suitable occasion for explaining the views

and motives at least of those gentlemen who, having it in their power

to decide the election at any moment, were induced to protract it for

a time, but ultimately to withdraw their opposition to Mr. Jefferson.

I have no hesitation in saying that the facts stated in the deposition

of your father, the late James A. Bayard, so far as they came to my

knowledge, are substantially correct; and although nearly thirty years

have elapsed since that eventful period, my recollection is vivid as

to the principal circumstances, which, from the part I was called upon

to act, were deeply graven on my memory. As soon as it was generally

known that the two democratic candidates, Jefferson and Burr, had the

highest and an equal number of votes, and that the election would

consequently devolve on the House of Representatives, Mr. Dent, who

had hitherto acted with the federal party, declared his intention to

vote for Mr. Jefferson, in consequence of which determination the vote

of Maryland was divided.

It was soon ascertained that there were six individuals, the vote of

any one of whom could at any moment decide the election. These were,

your father, the late James A. Bayard, who held the vote of the state

of Delaware; General Morris, of Vermont, who held the divided vote of

that state; and Mr. Craik, Mr. Thomas, Mr. Dennis, and myself, who

held the divided vote of Maryland. Much anxiety was shown by the

friends of Mr. Jefferson, and much ingenuity used to discover the line

of conduct which would be pursued by them. Deeply impressed with the

responsibility which attached to their peculiar situation, and

conscious that the American people looked to them for a president,

they could not rashly determine either to surrender their

constitutional discretion, or disappoint the expectations of their

fellow-citizens.

Your father, Mr. Craik, and myself having compared ideas upon the

subject, and finding that we entertained the same views and opinions,

resolved to act together, and accordingly entered into a solemn and

mutual pledge that we would in the first instance yield to the wishes

of the great majority of the party with whom we acted, and vote for

Mr. Burr, but that no consideration should induce us to protract the

contest beyond a reasonable period for the purpose of ascertaining

whether he could be elected. We determined that a president should be

chosen, but were willing thus far to defer to the opinions of our

political friends, whose preference of Mr. Burr was founded upon a

belief that he was less hostile to federal men and federal measures

than Mr. Jefferson. General Morris and Mr. Dennis concurred in this

arrangement.

The views by which the federal party were governed were these:--They

held that the Constitution had vested in the House of Representatives

a high discretion in a case like the present, to be exercised for the

benefit of the nation; and that, in the execution of this delegated

power, an honest and unbiased judgment was the measure of their

responsibility. They were less certain of the hostility of Mr. Burr to

federal policy than of that of Mr. Jefferson, which was known and

decided. Mr. Jefferson had identified himself with, and was at the

head of the party in Congress who had opposed every measure deemed

necessary by the federalists for putting the country in a posture of

defence; such as fortifying the harbours and seaports, establishing

manufactories of arms; erecting arsenals, and filling them with arms

and ammunition; erecting a navy for the defence of commerce, &c. His

speculative opinions were known to be hostile to the independence of

the judiciary, to the financial system of the country, and to internal

improvements. All these matters the federalists believed to be

intimately blended with the prosperity of the nation, and they

deprecated, therefore, the elevation of a man to the head of the

government whose hostility to them was open and avowed. It was feared,

too, from his prejudices against the party which supported them, that

he would dismiss all public officers who differed with him in

sentiment, without regard to their qualifications and honesty, but on

the ground only of political character. The House of Representatives

adopted certain resolutions for their government during the election,

one of which was that there should be no adjournment till it was

decided.

On the 11th February, 1801, being the day appointed by law for

counting the votes of the electoral colleges, the House of

Representatives proceeded in a body to the Senate chamber, where the

vice-president, in view of both houses of Congress, opened the

certificates of the electors of the different states; and, as the

votes were read, the tellers on the part of each house counted and

took lists of them, which, being compared and delivered to him, he

announced to both houses the state of the votes; which was, for Thomas

Jefferson 73 votes, for Aaron Burr 73 votes, for John Adams 65 votes,

for Charles Pinckney 64 votes, for John Jay one vote; and then

declared that the greatest number and majority of votes being equal,

the choice had devolved on the House of Representatives. The members

of the house then withdrew to their own chamber, and proceeded to

ballot for a president. On the first ballot it was found that Thomas

Jefferson had the votes of eight states, Aaron Burr of six states, and

that two were divided. As there were sixteen states, and a majority

was necessary to determine the election, Mr. Jefferson wanted the vote

of one state. Thus the result which had been anticipated was realized.

The balloting continued throughout that day and the following night,

at short intervals, with the same result, the 26th ballot being taken

at 8 o'clock on the morning of the 12th of February. The balloting

continued with the same result from day to day till the 17th of

February, without any adjournment of the house. On the previous day

(February 16), a consultation was held by the gentlemen I have

mentioned, when, being satisfied that Mr. Burr could not be elected,

as no change had taken place in his favour, and there was no evidence

of any effort on the part of himself or his personal friends to

procure his election, it was resolved to abandon the contest. This

determination was made known to the federal members generally, and

excited some discontent among the violent of the party, who thought it

better to go without a president than to elect Mr. Jefferson. A

general meeting, however, of the federal members was called, and the

subject explained, when it was admitted that Mr. Burr could not be

elected. A few individuals persisted in their resolution not to vote

for Mr. Jefferson, but the great majority wished the election

terminated and a president chosen. _Having also received assurances

from a source on which we placed reliance that our wishes with regard

to certain points of federal policy in which we felt a deep interest

would be observed in case Mr. Jefferson was elected_, the opposition

of Vermont, Delaware, and Maryland was withdrawn, and on the 36th

ballot your father, the late James A. Bayard, put in a blank ballot,

myself and my colleagues did the same, and General Morris absented

himself. The South Carolina federalists also put in blank ballots.

Thus terminated that memorable contest.

Previous to and pending the election, rumours were industriously

circulated, and letters written to different parts of the country,

charging the federalists with the design to prevent the election of a

president, and to usurp the government by an act of legislative power.

Great anxiety and apprehensions were created in the minds of all, and

of none more than the federalists generally, who were not apprized of

the determination of those gentlemen who held the power, and were

resolved to terminate the contest when the proper period arrived. But

neither these rumours, nor the excitement produced by them, nor the

threats made by their opponents to resist by force such a measure, had

the least influence on the conduct of those gentlemen. They knew the

power which they possessed, and were conscious of the uprightness of

their views, and of the safety and constitutional character of the

course they had adopted. I was privy to all the arrangements made, and

attended all the meetings of the federal party when consulting on the

course to be pursued in relation to the election; and I pledge my most

solemn asseveration that no such measure was ever for a moment

contemplated by that party; that no such proposition was ever made;

and that, if it had ever been, it would not only have been

discouraged, but instantly put down by those gentlemen who possessed

the power, and were pledged to each other to elect a president before

the close of the session.

I am respectfully, Sir,

Your most obedient servant,

GEORGE BAER.

INTERROGATORIES to be administered to James A. Bayard, Esq., of the

state of Delaware, late a member of Congress for the United States

from the said state of Delaware, a witness to be produced, sworn, and

examined in a cause now depending in the Supreme Court of Judicature

of the state of New-York, between Aaron Burr, plaintiff, and James

Cheetham, defendant, on the part of the defendant.

1st. Do you know the parties, plaintiff and defendant, or either and

which of them, and how long have you known them respectively?

2d. Were you a member of the House of Representatives, in Congress of

the United States, from the state of Delaware, in the sessions holden

in the months of January and February, in the year 1801?

3d. Was there not an equal number of votes for Thomas Jefferson and

Aaron Burr, as president and vice-president of the said United States,

at the election for those officers in the December preceding, and did

not the choice of a president consequently devolve on the said House

of Representatives?

4th. Did not the said house ballot for the president several times

before a choice was made? if so, how many times? Was not the frequency

of balloting occasioned by an attempt on the part of several members

of Congress to elect the said plaintiff, Aaron Burr, as president? Do

you know who such members were? if so, what were their names?

5th. Do you know that any measures were suggested or pursued by any

person or persons to secure the election of Aaron Burr to the

presidency? if so, who were such person or persons? Did _he_, the said

Aaron Burr, know thereof? Were there any letter or letters written

communicating such an intention? if so, were such letter or letters

forwarded to him through the postoffice by any person, and who? Has he

not informed you, or have you not understood (and if so, how?) that he

was apprized that an attempt would be made to secure his election?

6th. Did he or any other person (and if so, who?) ever communicate to

you, by writing or otherwise, or to any other person or persons to

your knowledge, that any measure had been suggested or would be

pursued to secure his election? When were these communications made?

7th. Had not some of the federal members of Congress a meeting at

Washington, in the month of December, 1800, or of January or of

February, 1801, at which it was determined to support Aaron Burr for

the presidency? Or if there were any meeting or meetings to your

knowledge, in respect to the ensuing election for a president of the

United States in the said House of Representatives, what was advised

or concluded upon, to the best of your remembrance or belief? Was not

David A. Ogden, of the city of New-York, attorney at law, authorized

or requested by you, or some other member or members of Congress, or

some other person, and who in particular, to call upon the plaintiff

and inquire of him--

1st. What conduct he would pursue in respect to certain cardinal

points of federal policy?

2d. What co-operation or aid the plaintiff could or would afford

towards securing his own election to the presidency? or if you or some

other person did not authorize or request the said David A. Ogden to

make such communication to the plaintiff in exact terms, what, in

substance, was such authority or request? Do you know, or were you

informed by the said David A. Ogden or otherwise, that he or any other

person had made the said communication to the plaintiff, or the same

in substance? Do you know, or have you been informed (and if so, how?)

that the plaintiff declared, as to the first question, it would not be

expedient to enter into explanations, or words to that effect? That,

as to the second question, New-York and Tennessee would vote for him

on a second ballot, and New-Jersey might be induced to do the same, or

words to that effect? Did you ever communicate with the plaintiff, or

he with you, on the subject? Do you know any person who did

communicate with him? and if so, what did he say?

Did you not receive a letter or letters from Alexander Hamilton, of

New-York, and late Secretary of the Treasury of the United States, now

deceased, in the month of January or February, 1801, or at some other

time, and when, respecting the election of a president of the United

States? Did he not communicate to you that the said David A. Ogden had

been requested to see the plaintiff for the purposes aforesaid? And

what in particular were the contents of such letters or letter, or

communication? Do you know that any, and if so, what measures were

suggested or pursued to secure the election of said plaintiff as

president; and did the said plaintiff know, or was he informed

thereof, or what did he know, or of what was he informed? Had you any

reason or reasons to believe that any of the states would relinquish

Thomas Jefferson and vote for Aaron Burr as president in the said

election in the said House of Representatives, or that the said Aaron

Burr calculated on such relinquishment? If so, which state or states,

and what was the reason or reasons of such belief?

8th. Do you know any matter, circumstance, or thing which can be

material to the defendant in this cause? If yea, set the same forth

fully and particularly.

_Interrogatory on the part of the plaintiff_.--Do you know of any

matter or thing that may be beneficial to the plaintiff on the trial

of this cause? If so, declare the same fully and at length, in the

same manner as if you had been particularly interrogated thereto.

Miller & Van Wyck, Attorneys for Defendant.

Approved, March 6, 1805.

B. Livingston.

The deposition of James A. Bayard, sworn and examined on the twenty

---- day of ----, in the year of our Lord 1805, at Wilmington, in the

state of Delaware, by virtue of a commission issuing out of the

Supreme Court of Judicature of the state of New-York, to John Vaughan,

---- or any two of them, directed for the examination of the said

James A. Bayard, in a cause there depending between Aaron Burr,

plaintiff, and James Cheetham, defendant, on the part and behalf of

the defendant.

1st. To the first interrogatory this deponent answers and says, As a

member of the House of Representatives, I paid a visit of ceremony to

the plaintiff on the fourth of March, in the year 1801, and was

introduced to him. I had no acquaintance with him before that period.

I had no knowledge of the defendant but what was derived from his

general reputation before the last session of Congress, when a

personal acquaintance commenced upon my becoming a member of the

Senate.

2d. To the second interrogatory, this deponent saith, I was.

3d. To the third interrogatory this deponent saith, There was an

equality of electoral votes for Mr. Jefferson and Mr. Burr, and the

choice of one of them did, of consequence, devolve on the House of

Representatives.

4th. To the fourth interrogatory this deponent saith, The house

resolved into states, balloted for a president a number of times, the

exact number is not at present in my recollection, before a choice was

made. The frequency of balloting was occasioned by the preference

given by the federal side of the house to Mr. Burr. With the exception

of Mr. Huger, of South Carolina, I recollect no federal member who did

not concur in the general course of balloting for Mr. Burr. I cannot

name each member. The federal members at that time composed a majority

of the house, though not of the states. Their names can be ascertained

by the journals of the House of Representatives.

5th. To the fifth interrogatory this deponent saith, I know of no

measures but those of argument and persuasion which were used to

secure the election of Mr. Burr to the presidency. Several gentlemen

of the federal party doubted the practicability of electing Mr. Burr,

and the policy of attempting it. Before the election came on there

were several meetings of the party to consider the subject. It was

frequently debated, and most of the gentlemen who had adopted a

decided opinion in favour of his election employed their influence and

address to convince those who doubted of the propriety of the measure.

I cannot tell whether Mr. Burr was acquainted with what passed at our

meetings. But I neither knew nor heard of any letter being written to

him on the subject. He never informed me, nor have I reason to

believe, further than inference, from the open professions and public

course pursued by the federal party, that he was apprized that an

attempt would be made to secure his election.

6th. To the sixth interrogatory the deponent saith, Mr. Burr, or any

person on his behalf, never did communicate to me in writing or

otherwise, or to any other persons of which I have any knowledge, that

any measures had been suggested or would be pursued to secure his

election. Preceding the day of the election, in the course of the

session, the federal members of Congress had a number of general

meetings, the professed and sole purpose of which was to consider the

propriety of giving their support to the election of Mr. Burr. The

general sentiment of the party was strongly in his favour. Mr. Huger,

I think, could not be brought to vote for him. Mr. Craik and Mr. Baer,

of Maryland, and myself, were those who acquiesced with the greatest

difficulty and hesitation. I did not believe Mr. Burr could be

elected, and thought it vain to make the attempt; but I was chiefly

influenced by the current of public sentiment, which I thought it

neither safe nor politic to counteract. It was, however, determined by

the party, without consulting Mr. Burr, to make the experiment whether

he could be elected. Mr. Ogden never was authorized or requested by

me, nor any member of the house to my knowledge, to call upon Mr.

Burr, and to make any propositions to him of any kind or nature. I

remember Mr. Ogden's being at Washington while the election was

depending. I spent one or two evenings in his company at Stiller's

hotel, in small parties, and we recalled an acquaintance of very early

life, which had been suspended by a separation of eighteen or twenty

years. I spent not a moment with Mr. Ogden in private. It was reported

that he was an agent for Mr. Burr, or it was understood that he was in

possession of declarations of Mr. Burr that he would serve as

president if elected. I never questioned him on the subject. Although

I considered Mr. Burr personally better qualified to fill the office

of president than Mr. Jefferson, yet, for a reason above suggested, I

felt no anxiety for his election, and I presumed if Mr. Ogden came on

any errand from Mr. Burr, or was desirous of making any disclosures

relative to his election, he would do it without any application from

me. But Mr. Ogden or any other person never did make any communication

to me from Mr. Burr, nor do I remember having any conversation with

him relative to the election. I never had any communication, directly

or indirectly, with Mr. Burr in relation to his election to the

presidency. I was one of those who thought from the beginning that the

election of Mr. Burr was not practicable. The sentiment was frequently

and openly expressed. I remember it was generally said by those who

wished a perseverance in the opposition to Mr. Jefferson, that several

democratic states were more disposed to vote for Mr. Burr than for Mr.

Jefferson; that, out of complaisance to the known intention of the

party, they would vote a decent length of time for Mr. Jefferson, and,

as soon as they could excuse themselves by the imperious situation of

affairs, would give their votes for Mr. Burr, the man they really

preferred. The states relied upon for this change were New-York,

New-Jersey, Vermont, and Tennessee. I never, however, understood that

any assurance to this effect came from Mr. Burr. Early in the election

it was reported that Mr. Edward Livingston, the representative of the

city of New-York, was the confidential agent for Mr. Burr, and that

Mr. Burr had committed himself entirely to the discretion of Mr.

Livingston, having agreed to adopt all his acts. I took an occasion to

sound Mr. Livingston on the subject, and intimated that, having it in

my power to terminate the contest, I should do so, unless he could

give me some assurance that we might calculate upon a change in the

votes of some of the members of his party. Mr. Livingston stated that

he felt no great concern as to the event of the election, but he

disclaimed any agency from Mr. Burr, or any connexion with him on the

subject, and any knowledge of Mr. Burr's designing to co-operate in

support of his election.

7th. The deponent, answering that part of the seventh interrogatory

which relates to letters received from the late Alexander Hamilton,

says, I did receive, in the course of the winter of 1801, several

letters from General Hamilton on the subject of the election, but the

name of David A. Ogden is not mentioned in any of them. The general

design and effect of these letters was to persuade me to vote for Mr.

Jefferson, and not for Mr. Burr. The letters contain very strong

reasons; and a very earnest opinion against the election of Mr. Burr.

In answer to the residue of the same interrogatory, the deponent

saith, I repeat that I know of no means used to promote the election

of Mr. Burr but persuasion. I am wholly ignorant of what the plaintiff

was apprized of in relation to the election, as I had no communication

with him directly or indirectly; and as to the expectation of a change

of votes from Mr. Jefferson to Mr. Burr, I never knew a better ground

for it than the opinions and calculations of a number of members.

8th. In answer to the eighth interrogatory the deponent saith, I know

of nothing which, in my opinion, can be of service to the defendant in

the cause.

To the interrogatory on the part of the plaintiff the deponent

answers, Having yielded, with Messrs. Craik and Baer, of Maryland, to

the strong desire of the great body of the party with whom we usually

acted, and agreed to vote for Mr. Burr, and those gentlemen and myself

being governed by the same views and motives, we pledged ourselves to

each other to pursue the same line of conduct and act together. We

felt that _some concession_ was due to the judgment of the great

majority of our political friends who differed with us in opinion, but

we determined that no consideration should make us lose sight for a

moment of the necessity of a president being chosen. We therefore

resolved, that as soon as it was fairly ascertained that Mr. Burr

could not be elected, to give our votes to Mr. Jefferson. General

Morris, of Vermont, shortly after acceded to this arrangement. The

result of the ballot of the states had uniformly been eight states for

Mr. Jefferson, six for Mr. Burr, and two divided. Mr. Jefferson wanted

the vote of one state only; those three gentlemen belonged to the

divided states; I held the vote of the state of Delaware; it was

therefore in the power of either of us to terminate the election.

These gentlemen, knowing the strong interest of my state to have a

president, and knowing the sincerity of my determination to make one,

left it to me to fix the time when the opposition should cease, and to

make terms, if any could be accomplished, with the friends of Mr.

Jefferson. I took pains to disclose this state of things in such a

manner that it might be known to the friends of Mr. Burr, and to those

gentlemen who were believed to be most disposed to change their votes

in his favour. I repeatedly stated to many gentlemen with whom I was

acting that it was a vain thing to protract the election, as it had

become manifest that Mr. Burr would not assist us, and as we could do

nothing without his aid. I expected, under these circumstances, if

there were any latent engines at work in Mr. Burr's favour, the plan

of operations would be disclosed to me; but, although I had the power,

and threatened to terminate the election, I had not even an intimation

from any friend of Mr. Burr's that it would be desirable to them to

protract it. I never did discover that Mr. Burr used the least

influence to promote the object we had in view. And being completely

persuaded that Mr. Burr would not co-operate with us, I determined to

end the contest by voting for Mr. Jefferson. I publicly announced the

intention, which I designed to carry into effect the next day. In the

morning of the day there was a general meeting of the party, where it

was generally admitted Mr. Burr could not be elected; but some thought

it was better to persist in our vote, and to go without a president

rather than to elect Mr. Jefferson. The greater number, however,

wished the election terminated, and a president made; and in the

course of the day the manner was settled, which was afterward adopted,

to end the business.

Mr. Burr probably might have put an end sooner to the election by

coming forward and declaring that he would not serve if chosen; but I

have no reason to believe, and never did think that he interfered,

even to the point of personal influence, to obstruct the election of

Mr. Jefferson or to promote his own.

Interrogatories to be administered to witnesses to be produced, sworn,

and examined in a certain cause now depending and at issue in the

Supreme Court of Judicature of the people of the state of New-York,

wherein James Gillespie is plaintiff, and Abraham Smith defendant, on

the behalf of the defendant.

1st. Do you or do you not know Thomas Jefferson, president of the

United States? If yea, declare the same, together with the time when

you first became acquainted with him.

2d. Was you a member of the House of Representatives of the United

States, at Washington, in the session of 1800 and 1801? If yea, state

the time particularly.

3d. Do you or do you not know that in the years 1800 and 1801, Thomas

Jefferson and Aaron Burr had each an equal number of votes given by

the electors for president and vice-president of the United States,

and that consequently the right of electing a president devolved upon

the House of Representatives of the United States? State your

knowledge herein particularly.

4th. Do you or do you not know, or have you heard so that you believe,

of any negotiations, bargains, or agreements, in the year 1800 or

1801, after the said equality became known and before the choice of

the president, by or on behalf of any person, and whom, with the

parties called federal or republican, or either of them, or with any

individual or individuals, and whom, of either of the said parties,

relative to the office of president of the United States? If yea,

declare the particulars thereof, and the reasons of such your belief.

5th. Do you or do you not know Aaron Burr, late vice-president of the

United States? If yea, declare the same, with the time when your

acquaintance commenced.

6th. Do you know, or have you heard so that you believe, of any

negotiations, bargains, or agreements in the year 1800 or 1801, by or

on behalf of the said Aaron Burr, or by or on behalf of any other

person, and whom, with the parties called federal or republican, or

either of them, or with any individual, and whom, of the said parties,

relative to the office of president of the United States? If yea,

declare the same, with all the particulars thereof, and the reasons of

such your belief.

7th. Did you receive any letters from the said Aaron Burr after the

said equality of votes was known and before the final choice of a

president? If yea, what was the tenour of such letter? Did the conduct

of the said Aaron Burr correspond with the declarations contained in

the said letter? Declare your knowledge and belief, together with the

grounds and reasons thereof.

Deposition of the Honourable James A. Bayard, a witness produced,

sworn, and examined in a cause depending in the Supreme Court of the

state of New-York, between James Gillespie, plaintiff, and Abraham

Smith, defendant, on the part of the plaintiff, follows.

To the first interrogatory deponent answers and says, I do not know

either the plaintiff or defendant.

To the second interrogatory he answers and says, I was personally

acquainted with Thomas Jefferson before he became president of the

United States, the precise length of time I do not recollect. The

acquaintance did not extend beyond the common salutation upon meeting,

and accidental conversation upon such meetings.

To the third interrogatory he answers and says, I was a member of the

House of Representatives of the United States, during the fifth,

sixth, and seventh Congresses, from the 3d of March, 1797, to the 3d

of May, 1803.

To the fourth interrogatory he answers and says, The electoral votes

for Thomas Jefferson and Aaron Burr for president of the United States

were equal, and that the choice of one of them as president did

devolve on the House of Representatives.

To the fifth interrogatory he answers and says, I presume this

interrogatory points to an occurrence which took place before the

choice of president was made, and after the balloting had continued

for several days, of which I have often publicly spoken. My memory

enables me to state the transaction in substance correctly, but not to

be answerable for the precise words which were used upon the occasion.

Messrs. Baer and Craik, members of the House of Representatives from

Maryland, and General Morris, a member of the house from Vermont, and

myself, having the power to determine the votes of the states from

similarity of views and opinions during the pendency of the election,

made an agreement to vote together. We foresaw that a crisis was

approaching which might probably force us to separate in our votes

from the party with whom we usually acted. We were determined to make

a president, and the period of Mr. Adams's administration was rapidly

approaching.

In determining to recede from the opposition to Mr. Jefferson, it

occurred to us that probably, instead of being obliged to surrender at

discretion, we might obtain terms of capitulation. The gentlemen whose

names I have mentioned authorized me to declare their concurrence with

me upon the best terms that could be procured. The vote of either of

us was sufficient to decide the choice. With a view to the end

mentioned, I applied to Mr. John Nicholas, a member of the house from

Virginia, who was a particular friend of Mr. Jefferson. I stated to

Mr. Nicholas that if certain points of the future administration could

be understood and arranged with Mr. Jefferson, I was authorized to say

that three states would withdraw from an opposition to his election.

He asked me what those points were: I answered, First, sir, the

support of the public credit; secondly, the maintenance of the naval

system; and, lastly, that subordinate public officers employed only in

the execution of details established by law shall not be removed from

office on the ground of their political character, nor without

complaint against their conduct. I explained myself that I considered

it not only reasonable, but necessary, that offices of high discretion

and confidence should be filled by men of Mr. Jefferson's choice. I

exemplified by mentioning, on the one hand, the offices of the

secretaries of state, treasury, foreign ministers, &c., and, on the

other, the collectors of ports, &c. Mr. Nicholas answered me that he

considered the points as very reasonable; that he was satisfied that

they corresponded with the views and intentions of Mr. Jefferson, and

knew him well. That he was acquainted with most of the gentlemen who

would probably be about him and enjoying his confidence in case he

became president, and that, if I would be satisfied with his

assurance, he could solemnly declare it as his opinion that Mr.

Jefferson, in his administration, would not depart from the points I

had proposed. I replied to Mr. Nicholas that I had not the least doubt

of the sincerity of his declaration, and that his opinion was

perfectly correct; but that I wanted an engagement, and that, if the

points could in any form be understood as conceded by Mr. Jefferson,

the election should be ended; and proposed to him to consult Mr.

Jefferson. This he declined, and said he could do no more than give me

the assurance of his own opinion as to the sentiments and designs of

Mr. Jefferson and his friends. I told him that was not

sufficient--that we should not surrender without better terms. Upon

this we separated; and I shortly after met with General Smith, to whom

I unfolded myself in the same manner that I had done to Mr. Nicholas.

In explaining myself to him in relation to the nature of the offices

alluded to, I mentioned the offices of George Latimer, [2] collector

of the port of Philadelphia, and Allen M'Lane, collector of

Wilmington. General Smith gave me the same assurances as to the

observance by Mr. Jefferson of the points which I had stated which Mr.

Nicholas had done. I told him I should not be satisfied or agree to

yield till I had the assurance of Mr. Jefferson himself; but that, if

he would consult Mr. Jefferson, and bring the assurance from him, the

election should be ended. The general made no difficulty in consulting

Mr. Jefferson, and proposed giving me his answer the next morning. The

next day, upon our meeting, General Smith informed me that he had seen

Mr. Jefferson, and stated to him the points mentioned, and was

authorized by him to say that they corresponded with his views and

intentions, and that we might confide in him accordingly. The

opposition of Vermont, Maryland, and Delaware was immediately

withdrawn, and Mr. Jefferson was made president by the votes of ten

states.

To the sixth interrogatory the deponent answers and says, I was

introduced to Mr. Burr the day of Mr. Jefferson's inauguration as

president. I had no acquaintance with him before, and very little

afterward, till the last winter of his vice-presidency, when I became

a member of the Senate of the United States.

To the seventh interrogatory the deponent answers and says, I do not

know, nor did I ever believe, from any information I received, that

Mr. Burr entered into any negotiation or agreement with any member of

either party in relation to the presidential election which depended

before the House of Representatives.

To the eighth interrogotary the deponent answers and says, Upon the

subject of this interrogatory I can express only a loose opinion,

founded upon the conjectures at the time of what could be effected by

Mr. Burr by mortgaging the patronage of the executive. I can only say,

generally, that I did believe at the time that he had the means of

making himself president. But this opinion has no other ground than

conjecture, derived from a knowledge of means which existed, and, if

applied, their probable operation on individual characters. In answer

to the last part of the interrogatory, deponent says, I know of

nothing of which Mr. Burr was apprized which related to the election.

(Signed) J. A. Bayard.

_District of Columbia, Washington_.

The deposition of the Honourable James A. Bayard, consisting of six

pages, was taken and sworn to before us, this 3d day of April, A. D.

1806.

STEPHEN R. BRADLEY.

GEORGE LOGAN.

Deposition of the Honourable Samuel Smith, Senator of the United

States for the state of Maryland, a witness produced, sworn, and

examined in a cause depending in the Supreme Court of the state of

New-York, between James Gillespie, plaintiff, and Abraham Smith,

defendant, on the part and behalf of the defendant, as follows:

1st. I knew Thomas Jefferson some years previous to 1800; the precise

time when our acquaintance commenced I do not recollect.

2d and 3d. I was a member of the House of Representatives of the

United States in 1800 and 1801, and know that Thomas Jefferson and

Aaron Burr had an equal number of the votes given by the electors of

president and vice-president of the United States.

4th. Presuming that this question may have reference to conversations

(for I know of no bargains or agreements) which took place at the time

of the balloting, I will relate those which I well recollect to have

had with three gentlemen, separately, of the federal party. On the

Wednesday preceding the termination of the election, Colonel Josiah

Parker asked a conversation with me in private. He said that many

gentlemen were desirous of putting an end to the election; that they

only wanted to know what would be the conduct of Mr. Jefferson in case

he should be elected president, particularly as it related to the

public debt, to commerce, and the navy. I had heard Mr. Jefferson

converse on all those subjects lately, and informed him what, I

understood were the opinions of that gentleman. I lived in the house

with Mr. Jefferson, and, that I might be certain that what I bad said

was correct, I sought and had a conversation that evening with him on

those points, and, I presume, though I do not precisely recollect,

that I communicated to him the conversation which I had with Colonel

Parker.

The next day General Dayton (a senator), after some jesting

conversation, asked me to converse with him in private. We retired. He

said that he, with some other gentlemen, wished to have a termination

put to the pending election; but be wished to know what were the

opinions or conversations of Mr. Jefferson respecting the navy,

commerce, and the public debt. In answer, I said that I had last night

had conversation with Mr. Jefferson on all those subjects; that be had

told me that any opinion be should give at this time might be

attributed to improper motives; that to me he had no hesitation in

saying that, as to the public debt, he had been averse to the manner

of funding it, but that he did not believe there was any man who

respected his own character who would or could think of injuring its

credit at this time; that, on commerce, he thought that a correct idea

of his opinions on that subject might be derived from his writings,

and particularly from his conduct while he was minister at Paris, when

be thought he had evinced his attention to the commercial interest of

his country; that he had not changed opinion, and still did consider

the prosperity of our commerce as essential to the true interest of

the nation; that on the navy he had fully expressed his opinions in

his Notes on Virginia; that he adhered still to his ideas then given;

that he believed our growing commerce would call for protection; that

he had been averse to a too rapid increase of our navy; that he

believed a navy must naturally grow out of our commerce, but thought

prudence would advise its increase to progress with the increase of

the nation, and that in this way he was friendly to the establishment.

General Dayton appeared pleased with the conversation, and (I think)

said, that if this conversation had taken place earlier, much trouble

might have been saved, or words to that effect.

At the funeral of Mr. Jones (of Georgia) I walked with Mr. Bayard (of

Delaware). The approaching election became the subject of

conversation. I recollect no part of that conversation except his

saying that he thought that a half hour's conversation between us

might settle the business. That idea was not again repeated. On the

day after I had held the conversation with General Dayton, I was asked

by Mr. Bayard to go into the committee-room. He then stated that he

had it in his power (and was so disposed) to terminate the election,

but he wished information as to Mr. Jefferson's opinions on certain

subjects, and mentioned, I think, the same three points already

alluded to as asked by Colonel Parker and General Dayton, and received

from me the same answer in substance (if not in words) that I have

given to General Dayton. He added a fourth, to wit: What would be Mr.

Jefferson's conduct as to the public officers? He said he did not mean

confidential officers, but, by elucidating his question, he added,

such as Mr. Latimer, of Philadelphia, and Mr. M'Lane, of Delaware. I

answered, that I never had heard Mr. Jefferson say any thing on that

subject. He requested that I would inquire, and inform him the next

day. I did so. _And the next day (Saturday) told him that Mr.

Jefferson had said that he did not think that such officers ought to

be dismissed on political grounds only, except in cases where they had

made improper use of their offices to force the officers under them to

vote contrary to their judgment. That, as to Mr. M'Lane, he had

already been spoken to in his behalf by Major Eccleston, and, from the

character given him by that gentleman, he considered him a meritorious

officer; of course, that he would not be displaced, or ought not to be

displaced. I further added, that Mr. Bayard might rest assured (or

words to that effect) that Mr. Jefferson would conduct, as to those

points, agreeably to the opinions I had stated as his_. Mr. Bayard

then said, We will give the vote on Monday; and then separated. Early

in the election my colleague, Mr. Baer, told me that we should have a

president; that they would not get up without electing one or the

other of the gentlemen. Mr. Baer had voted against Mr. Jefferson until

the final vote, when I believe he withdrew, or voted blank, but do not

perfectly recollect.

5th. I became acquainted with Colonel Burr some time in the

revolutionary war.

6th. I know of no agreement or bargain in the years 1800 and 1801 with

any person or persons whatsoever respecting the office of president in

behalf of Aaron Burr, nor have I any reason to believe that any such

existed.

7th. I received a letter from Colonel Burr, dated, I believe, 16th

December, 1800, in reply to one which I had just before written him.

The letter of Colonel Burr is as follows:--

"It is highly improbable that I shall have an equal number of votes

with Mr. Jefferson; but, if such should be the result, every man who

knows me ought to know that I would utterly disclaim all competition.

Be assured that the federal party can entertain no wish for such an

exchange. As to my friends, they would dishonour my views and insult

my feelings by a suspicion that I would submit to be instrumental in

counteracting the wishes and expectations of the people of the United

States. And I now constitute you my proxy to declare these sentiments

if the occasion shall require."

I have not now that letter by me, nor any other letter from him to

refer to; the preceding is taken from a printed copy, which

corresponds with my recollection, and which I believe to be correct.

My correspondence with him continued till the close of the election.

In none of his letters to me, or to any other person that I saw, was

there any thing that contradicted the sentiments contained in that

letter.

(Signed) S. SMITH.

_City of Washington, in the District of Columbia_.

The deposition of the Honourable Samuel Smith, written upon five

pages, was duly taken and sworn to before us, two of the commissioners

named in the annexed commission, at the capitol in the said city of

Washington, on the fifteenth day of April, in the year of our Lord one

thousand eight hundred and six, and of the independence of the United

States the thirtieth.

(Signed) GEORGE LOGAN.

DAVID STONE.

Footnotes:

1. Judge Cooper, of Cooperstown, state of New-York.

2. During the year 1802 unsuccessful efforts were made by the

democracy of Philadelphia to have Mr. Latimer removed from the office

of collector. The federal party complained of the number of removals

which had already been made. The Aurora of June 29, 1802, referring to

this subject, says--"We can tell them (the federalists) that the most

lucrative office under the government of the United States in this

commonwealth, the emoluments of which amount to triple the salary of

the governor of this commonwealth, is now held by _George Latimer,

collector of the customs;" and on the 29th September, he adds, "Let

any man of candour say if Latimer ought not long since to have been

discharged from his office." Mr. Duane had not then read the

depositions of Messrs. Bayard and Smith, and perhaps was ignorant of

the _arrangements_ by virtue of which this gentleman and Mr. M'Lane,

of Delaware, were retained in office.

Memoirs of Aaron Burr, Complete · 第 8 / 21 章