Leon de Tinseau - "Ma Cousine Pot Au Feu"

W. D. Howells - "Annie Kilburn"

Thorstein Veblen - "An Inquiry Into The Nature Of Peace And The Terms Of Its Perpetuation"

Gertrude W. Morrison - "The Girls of Central High Aiding the Red Cross"

Editorial
This paper argues that discourses of love in Ghanaian market literature for youth offer a view into complex negotiations of agency and empowerment. Drawing on Deborah Durham's notion of youth as "social `shifters'" and Francis Nyamnjoh's conception of the "interconnectedness" of agency, I take Ghanaian market literature as one specific case of how African literature for youth foregrounds questions of continuity and change as African societies enter into increasingly complex global relations. In this literature for youth, received notions of love, often constructed out of impressions from American pop and hip hop music, carry new notions of agency that compete with existing "domesticated" forms. Authors like Ike Tandoh and Evelyn Tay employ discourses of love to offer youth alternative avenues for empowerment in a context of socio-economic disenfranchizement. In a creative process of "straddling", this writing both reveals and reproduces the contradictions that obtain in youth configurations of agency.

Memoirs of Aaron Burr, Volume 2.

M >> Matthew L. Davis >> Memoirs of Aaron Burr, Volume 2.



Produced by Marvin Hodges, Stan Goodman,
and the Online Distributed Proofreading Team





[Frontispiece: Theodosia]

MEMOIRS OF AARON BURR.

WITH MISCELLANEOUS SELECTIONS

FROM HIS CORRESPONDENCE.

BY MATTHEW L. DAVIS.



"I come to bury Caesar, not to praise him."


IN TWO VOLUMES

VOL. II.

* * * * *

Entered, according to Act of Congress, in the year 1836, by

MATTHEW L. DAVIS,

in the Clerk's Office of the Southern District of New-York.

* * * * *





CONTENTS OF THE SECOND VOLUME.


CHAPTER I.


Colonel Burr's study of the law; shortness of his study; different
opinions respecting his law learning; his definition of law; his
manner of preparing causes and of conducting suits; his maxim for
sluggards; tendency to mystery in his practice; fondness for
surprising an opponent; an illustration of this remark; his treatment
of associate counsel; nice discrimination in the selection of
professional agents; their various characteristics; the same acuteness
displayed in politics; anecdote on this subject that occurred during
the contested election in 1800; great coolness and presence of mind in
civil as well as military life; an example in the death of Mr. P.;
commenced practice at the close of the revolution under the most
favourable auspices; multiplication of his papers; condensation a
peculiar trait in his mind; never solicited a favour from an opponent;
a strict practitioner; character of his mind; manner of speaking;
accorded to General Hamilton eloquence; an incident in relation to
Hamilton and Burr in the cause of Le Guen _vs_. Gouverneur and Kemble;
letter from John Van Ness Yates explanatory of Chief Justice Yates's
notes on that occasion; the effect he produced as a speaker; his
display of extraordinary talents on his trial at Richmond; his legal
opinions on various important occasions; a letter from him evincing
his great perseverance when nearly eighty years of age


CHAPTER II.


A brief history of the rise of political parties in the state of
New-York; the city of New-York the rendezvous of the tories, from
which they communicated with the British ministry during the war;
feelings of the whigs on this subject; Joseph Galloway, of
Philadelphia, sails in 1778 for England; his correspondence with the
loyalists extensive; extracts from various letters written during the
war of the revolution, viz., from the Reverend Bishop Inglis, from
Isaac Ogden, from Daniel Cox, during the year 1778; from John Potts,
from Daniel Cox, from Isaac Ogden, from Daniel Cox, from Thomas Eddy,
from Bishop Inglis, from John Potts, from Bishop Inglis, from Isaac
Ogden, from Bishop Inglis, from Isaac Ogden, from Daniel Cox, during
the year 1779; from Charles Stewart, David Sproat, and James Humphrey,
Jun., printer, in 1779, in which General Arnold's _tory sympathies_
are alluded to; from Bishop Inglis, John Potts, and Christopher Sower;
from David Ogden, with the plan of a constitution for the government
of the American colonies after the whigs are conquered


CHAPTER III.


Defeat of General Schuyler as a candidate for the office of governor
of the state of New-York, in opposition to George Clinton, in 1777;
commencement of the Clinton and Schuyler parties; defeat of General
Schuyler as a candidate for Congress in 1780; "a supreme dictator"
proposed; opposition of Hamilton to the project; the Clinton and
Schuyler parties continued to exist until the adoption of the federal
constitution; in 1779 a law passed disfranchising tories; in 1781 an
act confirmatory of this law; first session of the legislature after
the war held in the city of New-York, in 1784; petitions of the tories
rejected; Robert R. Livingston's classification of parties in the
state; suit of Mrs. Rutgers vs. Waddington for the recovery of the
rent of a building occupied by Waddington in the city of New-York
during the war; the mayor's court, James Duane and Richard Varick
presiding, decide against Mrs. Rutgers; great excitement and public
meetings; Waddington compromises the claim; in 1786 and 1787, sundry
laws restricting the privileges of the tories, through the
instrumentality of General Hamilton are repealed; the tories unite
with the Schuyler party; the strength of the Schuyler party in the
legislature elected from the tory counties; names of the members in
1788, 89; to which of the political parties Colonel Burr belonged;
letters from John Jay on the subject of proscribing the tories


CHAPTER IV.


The Livingstons were of the Schuyler party; subsequently of the
federal party; their change; reasons assigned; the federalists triumph
in the city of New-York at the election of 1799; Mr. Jefferson's
opinion as to the effect of the city election in 1800; the several
factions of the democratic party unite in this contest, through the
arrangements of Burr; the character of his friends; he is elected to
represent Orange county; the manner in which the city ticket for 1800
was formed; great difficulty to obtain Governor Clinton's consent to
use his name; interview of a sub-committee with the governor; his
denunciation of Jefferson; Burr's and Hamilton's efforts at the
election; success of the democratic party; apprehensions that the
federalists intended to change the result by fraud; a federal caucus
held on the evening of the 3d of May, 1800; letter to Duane, editor of
the Aurora, stating that the caucus had decided to request Governor
Jay to convene the legislature, and change the mode of choosing
presidential electors; federal printers deny the charge; the letter to
Jay, published in his works, thus proving the correctness of the
Aurora's statement


CHAPTER V.


General Hamilton's pamphlet on the conduct of John Adams; Colonel Burr
ascertains that it is in the press; as soon as printed, a copy
obtained, and extracts sent to the Aurora and the New-London Bee;
Hamilton thus compelled to make the publication prematurely;
presidential electors chosen; letter from Jefferson to Burr; Jefferson
to Madison; tie vote between Jefferson and Burr; rules for the
government of the House of Representatives during the election;
informality in the votes of Georgia; constitutional provision on the
subject; statement of the case by Mr. Wells, of Delaware, and Mr.
Nicholas, of Virginia; balloting commenced on the 11th, and continued
until the 17th of February, 1801, when, on the 36th ballot, Mr.
Jefferson was elected president; letter from Burr to General S. Smith,
constituting him (Smith) his proxy to declare his sentiments in the
event of a tie vote


CHAPTER VI.


Mr. Burr's political position on being elected vice-president; letters
from Mr. Jefferson to Mr. Madison; the doubtful states in Congress on
the presidential question; the doubtful persons; their appointment to
office by Mr. Jefferson; address to Colonel Burr by certain
republicans at Baltimore, on his way to Washington in 1801; his
answer, disapproving of such addresses; casting vote, as
vice-president, on the bill to repeal the midnight judiciary act;
effects of this vote; letter from A. J. Dallas on the subject; from
Nathaniel Niles; from A. J. Dallas; Wood's history of John Adams's
administration; suppression by Burr; attacks upon Burr by Cheetham and
Duane; private letters from Duane approving of Burr's conduct


CHAPTER VII.


Effect of Burr's silence under these attacks; allegation that Dr.
Smith, of New-Jersey, as a presidential elector, was to have voted for
Burr; denial of Dr. Smith; Timothy Green charged with going to South
Carolina as the political agent of Burr; denial of Green; General John
Swartwout charged with being concerned in the intrigue; denial of
Swartwout; Burr charged with negotiating with the federalists; denial
of Burr, in a letter to Governor Bloomfield; David A. Ogden said to
have been the agent of the federal party or of Burr in this
negotiation; letter from Peter Irving to Ogden, inquiring as to the
fact; answer of Ogden, denying the charge; Edward Livingston
represented as Burr's "confidential friend" on the occasion; denial of
Livingston; Burr, in the year 1804, commences a suit against Cheetbam
for a libel; wager-suit between James Gillespie and Abraham Smith, and
a commission taken out to examine witnesses, April, 1806; transactions
in the United States' Senate on the 18th January, 1830, in relation to
Mr. Jefferson's charge against Mr. Bayard; letter from R. H. Bayard to
Burr; from Burr to Bayard; from Burr to M. L. Davis; from Davis to
Burr; from General S. Smith to R. H. and J. A. Bayard; from R. H.
Bayard to Burr


CHAPTER VIII.


Letter from Judge Cooper to Thomas Morris; ditto; from James A. Bayard
to Alexander Hamilton; from George Baer to R. H. Bayard;
interrogatories to James A. Bayard, in Cheetham's suit; answers to
said interrogatories by Mr. Bayard; interrogatories to Bayard in the
suit of Gillespie _vs_. Smith; answers thereto; reasons why Mr.
Latimer was not removed from the office of collector of Philadelphia;
answer of Samuel Smith to interrogatories in the suit of Gillespie
_vs_. Smith


CHAPTER IX.


Effect of the attacks upon Burr; power of the press in corrupt hands;
Mr. Jefferson's malignity towards Burr; his hypocrisy; false entries
in his Ana of conversations said to have been held with Burr; letter
to Theodosia; ditto; ditto; to Joseph Alston; Theodosia to Joseph
Alston; to Theodosia; ditto; to Joseph Alston; to Theodosia; to Thomas
Morris; from P. Butler; to Joseph Alston; to Theodosia; from Thomas
Jefferson; to Theodosia


CHAPTER X.


Letter to Joseph Alston; from D. Phelps, from Joseph Brandt (Indian
chief); from William P. Van Ness; to Theodosia; to Barnabas Bidwell;
to Joseph Alston; to Theodosia; from Charles Biddle; from Marinus
Willett; from John M. Taylor; from Mrs. *****; to Theodosia; ditto


CHAPTER XI.


Letter to Theodosia; ditto; to Joseph Alston; from Charles Biddle;
from John Coats; to Theodosia; from C. A. Rodney; to Theodosia; ftom
C. A. Rodney; from Uriah Tracy; from General Horatio Gates; from David
Gelston; to Theodosia; ditto; from Midshipman James Biddle; from John
Taylor, of Caroline


CHAPTER XII.


Letter from Theodosia to Joseph Alston; ditto; from A. Burr to Joseph
Alston; to Natalie; Theodosia to Joseph Alston; to Joseph Alston;
ditto; to Theodosia; to Joseph Alston; ditto; to Theodosia; ditto; to
Dr. John Coats; from Theodosia; to Theodosia; from Theodosia; to
Theodosia; ditto; ditto


CHAPTER XIII.


Letter to Theodosia; ditto; from Theodosia; to Theodosia; from
Theodosia; from Charles Biddle; from John Taylor, of Caroline; from
Pierce Butler; to Theodosia; ditto; from Theodosia; from Theodosia;
ditto; to Theodosia; ditto; from Theodosia; to Theodosia; ditto; to
Charles Biddle; from Midshipman James Biddle


CHAPTER XIV.


Note from Mr. Madison; from J. Wagner to Mr. Madison; from Samuel A.
Otis; letter from George Davis; from Charles Biddle; from Robert
Smith; from Robert G. Harper; from J. Guillemard; from John Vaugham;
from John Dickinson; to Charles Biddle; to Theodosia; to Peggy (a
slave); to Theodosia; to Joseph Alston; to Charles Biddle; ditto; to
Natalie Delage Sumter; to Theodosia; to A. R. Ellery; to Theodosia; to
Thomas Sumter, Jun.; to Charles Biddle; to F. A. Vanderkemp; to W. P.
Van Ness; to Theodosia; to Mrs. *****; to Theodosia; to Miss ----; to
Theodosia


CHAPTER XV.


Letter from Charles D. Cooper, which produced the duel between General
Hamilton and Colonel Burr; correspondence between the parties, with
explanations by W. P. Van Ness, second of Colonel Burr; statement of
what occurred on the ground as agreed upon by the seconds;
explanations of the correspondence, &c., by Nathaniel Pendleton,
second of General Hamilton; remarks on the letter which Mr. Van Ness
refused to receive; account of General Hamilton's wound and death, by
Dr. Hosack; remarks by General Hamilton on his motives and views in
meeting Colonel Burr; death of Hamilton; oration by Gouverneur Morris;
letter from Colonel Burr to Theodosia, dated the night before the
duel; same date to Joseph Alston


CHAPTER XVI.


Letter to Joseph Alston; to Theodosia; from John Swartwout; to
Theodosia; ditto; to Joseph Alston; to Theodosia; ditto; journal for
Theodosia; to Joseph Alston; to Theodosia; to Joseph Alston; to
Theodosia; to Joseph Alston; to Theodosia


CHAPTER XVII.


Letter to Theodosia; ditto; trial of Judge Chace before the United
States' Senate; Burr presides; acquittal; letter to Theodosia; ditto;
an account of the effect of Burr's speech on taking leave of the
Senate; letter to Joseph Alston; to Theodosia; journal of his tour in
the Western country; letter to Joseph Alston


CHAPTER XVIII.


Burr's early views against Mexico; letter from General Miranda to
General Hamilton, in April, 1798 on the subject of an expedition, in
conjunction with Great Britain, against South America; from Miranda to
Hamilton, in October, 1798, announcing the arrangements made with the
British; from Miranda to General Knox, same date, on the same subject;
General Adair's statement of Burr's views; grant of lands by the
Spanish government to Baron Bastrop; transfer of part of said grant to
Colonel Lynch; purchase from Lynch by Burr; the views of Burr in his
Western expedition, as stated by himself; he is arrested on the
Tombigbee; the cipher letter; transported to Richmond; trial and
acquittal of Burr; testimony of Commodore Truxton; Dr. Bollman's
treatment by Mr. Jefferson


CHAPTER XIX.


Excitement produced against Burr by Jefferson, Eaton, and Wilkinson;
Senate of the United States pass a bill suspending writ of Habeas
Corpus; House rejects the bill on the first reading, _ayes_ 113, nays
19; extracts from Blennerhassett's private journal; official Spanish
documents, showing that General Wilkinson, after he had sworn to
Burr's treasonable designs, despatched his aid, Captain Walter
Burling, to Mexico, demanding from the viceroy for his service to
Spain, in defeating Burr's expedition against Mexico, the sum of _two
hundred thousand dollars_; sundry letters of Burr to Theodosia, while
imprisoned in Richmond on the charge of treason


CHAPTER XX.


Burr sails for England on the 7th of June, 18O8; arrives in London on
the 16th of July; makes various unsuccessful efforts to induce the
British ministry to aid him in his enterprise against South America;
receives great attention from Jeremy Bentham; continues his
correspondence with Bentham after his return to the United States;
visits Edinburgh; experiences great courtesy; introduced to M'Kenzie
and Walter Scott; returns to London; the ministers become suspicious
of him; his papers are seized, and his person taken into custody for
two days, when he is released, but ordered to quit the kingdom; leaves
England in a packet for Gottenburgh; travels through Sweden, Germany,
&c.; Bourrienne's (French minister at Hamburgh) account of Burr, and
Burr's account of Bourrienne; arrives in Paris on the 16th of
February, 1810; endeavours to induce Napoleon to aid him in his
contemplated expedition, but is unsuccessful; asks a passport to leave
France, and is refused; presents a spirited memorial to the emperor on
the subject; Russell, charge d'affaires, and M'Rae, United States
consul at Paris, refuse him the ordinary protection or passport of an
American citizen; in July, 1811, obtains permission from the emperor
to leave France; sails from Amsterdam on the 20th of September; is
captured next day by an English frigate, and carried into Yarmouth;
remains in England from the 9th of October, 1811, until the 6th of
March, 1812; arrives in New-York, via Boston, on the 8th of June,
after an absence of four years


CHAPTER XXI.


Colonel Burr, on his return to New-York in 1811, resumes the practice
of law; prejudices against him; kindness of Colonel Troup; letter from
Joseph Alston to Burr, announcing the death of Aaron Burr Alston;
effect upon Burr; Theodosia's health precarious; Timothy Greene
despatched to bring her to New-York; letter from Greene; letter from
Greene, stating that he is to sail for New-York in a few days, on
board a schooner with Theodosia; letter from Alston to Theodosia,
expressing apprehensions for her safety; from Alston to Burr on the
same subject; from Alston to Burr, abandoning all hope of his wife's
safety; Theodosia supposed to have perished in a gale of wind early in
January, 1813; from Burr to Alston in relation to his private affairs;
Burr expresses his opinions on great, but not on minor political
questions; letter from Burr to Alston, denouncing the nomination of
Monroe for president, and recommending General Jackson; Alston
replies, concurring in sentiment with Burr, but ill health prevents
his acting; Alston's death; letter from William A. Alston to Burr,
explanatory of his late brother's will so far as Burr is interested;
from Theodosia to her husband, at a moment when she supposes that
death is approaching; Burr's continued zeal in favour of the South
American States; letter from General Toledo to Colonel Burr in 1816,
soliciting him to take command of the Mexican forces; Burr
commissioned by the Republic of Venezuela in 1819; Burr's pursuits
after his return from Europe; superintends the education of the Misses
Eden; his pecuniary situation; state of his health; paralytic; manner
of receiving strangers; restive and impatient at the close of his
life; death; conveyed to Princeton for interment; an account of his
funeral; proceedings of the Cliosophic Society






MEMOIRS OF AARON BURR.




CHAPTER I.


Colonel Burr's study of the law [1] has been already briefly noticed.
He brought to that study a classic education as complete as could, at
that time, be acquired in our country; and to this was added a
knowledge of the world, perhaps nowhere better taught than in the
camp, as well as a firmness and hardihood of character which military
life usually confers, and which is indispensable to the success of the
forensic lawyer. He was connected in the family circle with _two[2]
eminent jurists, who were at hand to stimulate his young ambition, and
to pour, in an almost perpetual stream, legal knowledge into his mind,
by conversation and by epistolary correspondence. The time he spent in
his studies preparatory to his admission would be considered short at
the present day; but (to use the language of another) "it is to be
recollected that at that time there were no voluminous treatises upon
the mere routine of practice to be committed to memory, without adding
a single legal principle or useful idea to the mind, and which only
teach the law student, as has been said of the art of the rhetorician,
'how to name his tools.' Burr, fortunately for his future professional
eminence, was not destined to graze upon this barren moor. He spent
his clerkship in reading and abstracting, with pen in hand, Coke and
the elementary writers, instead of Sellon and Tidd; and learnt law as
a science, and not as a mechanical art."

On the other hand, it has been said "that Colonel Burr was not a
deep-read lawyer; that he showed himself abundantly conversant with
the general knowledge of the profession, and that he was skilful in
suggesting doubts and questions; but that he exhibited no indications
of a fondness for the science, nor of researches into its abstruse
doctrines; that he seemed, indeed, to hold it and its administration
in slight estimation. The best definition of law, he said, was
'_whatever is boldly asserted and plausibly maintained_.' This sarcasm
was intended full as much for the courts as for the law administered
by them."

If Colonel Burr may have been surpassed in legal erudition, he
possessed other qualifications for successful practice at the bar
which were seldom equalled. He prepared his trials with an industry
and forethought that were most surprising. He spared no labour or
expense in attaining every piece of evidence that would be useful in
his attacks, or guard him against his antagonist. He was absolutely
indefatigable in the conduct of his suits. "He pursued (says a legal
friend) the opposite party with notices, and motions, and
applications, and appeals, and rearguments, never despairing himself,
nor allowing to his adversary confidence, nor comfort, nor repose.
Always vigilant and always urgent, until a proposition for compromise
or a negotiation between the parties ensued. 'Now move slow (he would
say); never negotiate in a hurry.' I remember a remark he made on this
subject, which appeared to be original and wise. There is a saying,
'Never put off till tomorrow what you can do to-day.' 'This is a
maxim,' said he, 'for sluggards. A better reading of the maxim
is--_Never do to-day what you can as well do to-morrow_; because
something may occur to make you regret your premature action.'"

I was struck, says the same friend, in his legal practice, with that
tendency to mystery which was so remarkable in his conduct in other
respects. He delighted in surprising his opponents, and in laying, as
it were, ambuscades for them. A suit, in which I was not counsel, but
which has since passed professionally under my observation, will
illustrate this point in his practice. It was an ejectment suit,
brought by him to recover a valuable tenement in the lower part of the
city, and in which it was supposed, by the able lawyers retained on
the part of the defendant, that the only question would, be on the
construction of the will. On the trial they were surprised to find the
whole force of the plainfiff's case brought against the authenticity
of an ancient deed, forming a link in their title, and of which, as it
had never, been questioned nor suspected, they had prepared merely
formal proof; and a verdict of the jury, obtained by a sort, of
_coup-de-main_, pronounced the deed a forgery. Two tribunals have
subsequently established the deed as authentic; but the plaintiff
lived and died in the possession of the land in consequence of the
verdict, while the law doubts, which form the only real questions in
the case, are still proceeding, at the customary snail's pace, through
our courts to their final solution.

To be employed as an assistant by Mr. Burr was not to receive a
sinecure. He commanded and obtained the constant and unremitted
exertions of his counsel. It was one of the most remarkable
exhibitions of the force of his character, this bending every one who
approached him to his use, and compelling their unremitted, though
often unwilling, labours in his behalf. His counsel would receive
notes from him at midnight, with questions which were sent for
immediate replies.

He showed nice discrimination in his selection of his professional
assistants. When learning was required, he selected the most erudite.
If political influence could be suspected of having effect, he chose
his lawyers to meet or _improve_ the supposed prejudice or
predilection. Eloquence was bought when it was wanted; and the cheaper
substitute of brow-beating, and vehemence used when they were
equivalent or superior. In nothing did he show greater skill than in
his measurement and application of his agents; and it was amusing to
hear his cool discussion of the obstacles of prejudice, or ignorance,
or interest, or political feeling to be encountered in various
tribunals, and of the appropriate remedies and antidotes to be
employed, and by what persons they should be applied.

Equal discrimination and acuteness was displayed in his political
movements. An anecdote which occurred in the contested election of
1800 will exemplify this remark. Funds were required for printing, for
committee-rooms, &c. The finance committee took down the names of
leading democrats, and attached to each the sum they proposed to
solicit from him. Before attempting the collection, the list, at
Colonel Burr's request, was presented for his inspection. An
individual, an active partisan of wealth, but proverbially
parsimonious, was assessed one hundred dollars. Burr directed that his
name should be struck from the list; for, said he, you will not get
the money, and from the moment the demand is made upon him, his
exertions will cease, and you will not see him at the polls during the
election. The request was complied with. On proceeding with the
examination, the name of another wealthy individual was presented; he
was liberal, but indolent; he also was assessed one hundred dollars.
Burr requested that this sum should be _doubled_, and that be should
be informed that no labour would be expected from him except an
occasional attendance at the committee-rooms to assist in folding
tickets. He will pay you the two hundred dollars, and thank you for
letting him off so easy. The result proved the correctness of these
opinions. On that occasion Colonel Burr remarked, _that the knowledge
and use of men consisted in placing each in his appropriate position_.

His imperturbable coolness and presence of mind were displayed in his
civil as well as in his military life. Against most of the
vicissitudes of a trial he guarded by his forethought and minuteness
of preparation. I was present myself, says the legal friend already
referred to, when he received with great composure a communication
which would have startled most men. Mr. P. had long been an inmate of
his house; he had been connected with him in many respects and for
many years. Colonel Burr and two other lawyers were discussing a
proposed motion in a chancery suit in which P. was the plaintiff, the
colonel himself having, an interest in the result. P. was then out of
town. A letter was brought in and handed to the colonel, which,
telling us to proceed with our debate, he carefully read, and then
placed it, in his customary manner, on the table, with the address
downwards. Our discussion proceeded earnestly for ten minutes at
least, when the colonel, who had listened with great attention, asked,
in his gentlest tone, "What effect would the death of P. have on the
suit?" We started, and asked eagerly why he put the question. "P. is
dead," he replied, "as this letter informs me; _will the suit abate?_"
The colonel was himself ill at the time, and unable to leave his sofa;
and even if there was some affectation in his demeanour, there was
certainly remarkable collectedness.

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