Memoirs of Aaron Burr, Volume 2.

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

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Sunday morning, November 6.

DEAR SIR,

Although I could not see Mr. Canning yesterday, from his being gone
into the country, to stay till Tuesday morning, for the recovery of
his health, I conversed with another person of nearly equal authority,
who told me he was sure that what you proposed to me yesterday could
never be consented to, pointing it out in every way to be
impracticable. I beg you to excuse the haste in which I write, and
believe me to be, dear sir,

Your most faithful humble servant,

A. MERRY.

In private life in England Colonel Burr received much attention, and
from no one more than _Jeremy Bentham_, with whom he formed a warm and
intimate friendship. In a letter to his daughter of the 8th September,
1808, he speaks of Mr. Bentham:--"I hasten to make you acquainted with
Jeremy Bentham, author of a work entitled 'Principles of Morals and
Legislation' (edited in French by Dumont), and of many other works of
less labour and research. You will well recollect to have heard me
place this man second to no one, ancient or modern, in profound
thinking, in logical and analytic reasoning. On the 8th of August I
received a letter from him, containing a most friendly invitation to
come and pass some days with him at a farm (where he passes the
summer) called Barrowgreen, near Gadstone, and twenty miles from
London. I was not tardy in profiting of this invitation. He met me at
the gate with the frankness and affection of an old friend. Mr.
Bentham's countenance has all that character of intense thought which
you would expect to find; but it is impossible to conceive a
physiognomy more strongly marked with ingenuousness and philanthropy.
I have passed twelve days there, and shall return to-morrow, to stay
most probably till he returns to town. His house in the city, which I
now occupy solely and exclusively--[N. B. Three servants in the house
at my command]--is most beautifully situated on St. James's Park, with
extensive gardens, and built and fitted up more to my taste than any
one I ever saw. In his library I am now writing."

The friendship of Mr. Bentham was uniform and constant; and if it did
not preserve his friend from severe pecuniary privations and distress
in Colonel Burr's second residence in England, it was because the
extent of these privations was industriously and ingeniously concealed
from him. "The benevolent heart of J. B." (Burr remarks in his diary,
when apprehending an arrest for debt) "shall never be pained by the
exhibition of my distress." Bentham, long after Burr's return to the
United States, continued to correspond with him.

With William Godwin Mr. Burr also formed an intimate and friendly
acquaintance. In a visit to Edinburgh in the winter of 1809, he seems
to have been treated with great distinction; and his diary is
sprinkled with the names of visitors the most distinguished in rank,
fashion, and letters of the Scottish metropolis. He writes to his
daughter 12th February, 1809: "Among the literary men of Edinburgh I
have met M'Kenzie, author of the Man of Feeling, and Scott, author of
the Minstrel. I met both frequently, and from both received civilities
and hospitality. M'Kenzie has twelve children--six daughters, all very
interesting and handsome. He is remarkably sprightly in company,
amiable, witty--might pass for forty-two, though certainly much older.
Scott, with less softness than M'Kenzie, has still more animation;
talks much, and very agreeably."

While in Edinburgh Colonel Burr was informed by Lord Justice Clarke
that Lord Melville had mentioned in a letter that it would be
necessary for Mr. Burr to return to London. The government began now
to evince great distrust of him. He seems at one time, and before he
had abandoned all hope of receiving assistance in his political
schemes, to have resolved to resist the operation of the alien bill,
by claiming the rights of a British subject. He probably suggested
this singular claim at the instance of his friend Reeves. The ground
he took was that, having been born a British subject, he had a right
to reassume his allegiance at pleasure; or rather that it was
indefeasible, and never could be parted with. The claim appears to
have caused some sensation among the crown lawyers. It was certainly
unfounded and injudiciously asserted. Lord Liverpool pronounced it
monstrous; and it probably increased the suspicion and distrust
already existing.

On the 4th April, 1809, the government took active measures against
him. He writes in his journal of that day--"Having a confused
presentiment that something was wrong, I packed up my papers and
clothes with intent to go out and seek other lodgings. At one o'clock
came in without knocking four coarse-looking men, who said they had a
state warrant for seizing me and my papers, but refused to show the
warrant. I was peremptory, and the warrant was produced, signed
'Liverpool,' but I was not permitted to read the whole. They took
possession of my trunks, searched every part of the rooms for papers,
threw all the loose articles into a sack, called a coach, and away we
went to the alien office. Before going I wrote a note to Reeves, and
on our arrival sent it in--waited one hour in the coach--very cold,
but I refused to go in. Wrote in pencil to Reeves another note. He
came out. We had a little conversation. He could not then explain, but
said I must have patience. After half an hour more orders were that I
must go with one of the messengers to his house. On this order I first
went into the office to see Brooks, the under secretary, whom I knew
[you may recollect the transaction in July, which must have fixed me
in his memory]. He did not know me--none of them knew me--though every
devil of them knew me as well as I know you. Seeing the measure was
resolved on, and having inquired of the sort of restraint to which I
was doomed, I wrote a note to Koe, which Brooks took to show to Lord
Liverpool for his approbation to forward it--arrived at my prison, 31
Stafford Place, at four." In two days, however, he was released, and
his papers returned unopened; but he was informed he must leave the
kingdom. Some days afterward, as he still lingered, a message was
conveyed to him:--"Lord Liverpool expects you to leave London
to-morrow, and the kingdom in forty-eight hours." And on the 24th
April, 1809, he sailed from Harwich in his B. M. packet Diana for
Gottenburgh.

On leaving England Mr. Burr seems to have been undetermined as to his
future movements. He was unwilling to renounce the projects which had
carried him to Europe; and all hope of assistance from England being
ended, he looked next for aid to Napoleon, whose policy, from the
resistance of Spain and the preponderancy of the British navy, was now
in favour of the independence of the Spanish American colonies. He
finally resolved to wait in Sweden till he received advices from
America, and then proceed to Paris to communicate with the emperor.

We must pass over his residence in Sweden, and his subsequent tour
through Germany to Paris, during the whole of which period he kept a
journal. He visited Hamburgh, Hanover, Saxe-Gotha, Weimar, and
Frankfort; and, though travelling without letters or introduction, it
appears from his itinerary that he was everywhere treated with
distinction and attention. At Hamburg, where he arrived the 20th
November, 1809, De Bourrienne, since known as the author of the
Memoirs of Bonaparte, was the French minister. It will be amusing,
perhaps, to compare the following extracts from De Bourrienne's work
with a brief memorandum from Colonel Burr's diary, showing in what
light they reciprocally regarded each other.

"At the height of his glory and power, Bonaparte was so suspicious
that the veriest trifle sufficed to alarm him. I recollect that about
the time the complaints were made respecting the _Minerva_
(newspaper), Colonel Burr, formerly vice-president of the United
States, who had recently arrived at Altona, was pointed out to me as a
dangerous man, and I received orders to watch him very closely, and to
arrest him on the slightest ground of suspicion if he should come to
Hamburgh. Colonel Burr was one of those in favour of whom I ventured
to disobey the orders I received from the restless police of Paris. As
soon as the minister of the police heard of his arrival at Altona, he
directed me to adopt towards him those violent measures which are
equivalent to persecution. In answer to these instructions, I stated
that Colonel Burr conducted himself at Altona with much prudence and
propriety; that he kept but little company, and that he was scarcely
spoken of. Far from regarding him as a man who required watching;
having learned that he wished to go to Paris, I caused a passport to
be procured for him, which he was to receive at Frankfort; and I never
heard that this dangerous citizen had compromised the safety of the
state in any way." _Bourrienne's Memoirs of Napoleon,_ vol. iv., p.
108.

In his journal of November 24, Burr writes:--

"I learn that A. B. is announced in the Paris papers in a manner no
way auspicious. Resolved to go direct to the French minister, to see
if he had any orders to give or refuse me passports. Sent in my name,
but did not get out of my carriage; after some minutes the servant
returned, saying his excellency was then much engaged, but would be
glad to see me at three. At three, to minister's; begged to call
tomorrow at twelve. November 25. At twelve, the minister's; was at
once received; he is the transcript of our _Mari_, [2] only fifteen
years older, but marked with the same characters. His reception was
courteous, but with a mixture of surprise and curiosity. At once
offered me passports to any frontier town, but has no authority to do
more. Passports to go to Paris must come from Paris, and to that end I
must write. Advises that I direct reply to be transmitted to Mayence.
Asked me to dine, at his country-house tomorrow."

At Mayence, however, he found no passport; and he was detained in
suspense there and at Frankfort for a month, before permission could
be obtained to go to Paris.

On the 16th February, 1810, he arrived in Paris.

He commenced here a long and most vexatious and wearisome course of
attendance on the minister of foreign relations and other high
officers of state, endeavouring in vain, by personal solicitations and
memorials, to obtain an audience of the emperor and an answer to his
propositions. He attended the levees of the Duc de Cadore, the Duc de
Rovigo, Jerome Bonaparte, King of Westphalia; but uniformly failed in
his efforts, and was turned off with unmeaning professions. He records
in his diary, with gratitude, the friendly attentions of Volney,
Denon, and the Duc de Bassano; but, with these exceptions, he seems to
have been treated with great coolness, even by those to whom his
hospitality had been freely tendered in America. He always suspected
that the alienation and immutable discountenance of the emperor were
to be ascribed to the representations of _Talleyrand_ and the
representatives of the United States in France.

Several months neglect and inattention at length discouraged him, and
he resolved to return home; but, on applying for a passport to the
United States, he was informed by the police that he could not have a
passport to go out of the empire. "Me voila [he writes in his
journal], prisonier d'Etat! et presque sans sous." This event changed
the course of his solicitations; and for the next year we find him,
having abandoned all projects of ambition, limiting himself to
solicitation for permission to go home, and without success. A
memorial which he addressed to Napoleon sets forth in these manly
terms the harshness and injustice of his treatment.

"While in Germany last winter I saw in the _Moniteur_ an expression of
your majesty's assent to the independence of the Spanish American
colonies. Believing that I could be useful in the execution of that
object, I hastened to Frankfort, and there addressed myself to your
majesty's minister, Monsieur Hedouville, who, at my request, wrote to
the minister of exterior relations, stating my views, and asking a
passport if those views should be deemed worthy of your majesty's
attention. A passport was transmitted to me. On the day of my arrival
in Paris I announced myself to the Duc de Cadore, and on the day
following had an audience, in which I explained, as fully as the time
would admit, the nature of my projects and the means of execution.
Further details were added in subsequent conversations had with one of
the chiefs of that department. Afterward, at the request of the Duc de
Cadore, they were reduced to writing, of which memoir one copy was
delivered to the Duc de Cadore and another to the Duc de Rovigo, to be
submitted to your majesty's perusal. After the lapse of some weeks,
having received no reply, nor any intimation that my views accorded
with those of your majesty, being here without occupation and without
the means of support, I asked a passport to return to the United
States, where not only the state of the country, but my personal
concerns, demand my presence. This passport has been refused; for
nearly four months I have in vain solicited. The only answer I receive
is--'His majesty has not signified his assent.'

"After conduct so frank and loyal on my part, it is with reason that I
am hurt and surprised at this refusal. Not only did the motives of my
visit and my conduct since my residence in France deserve a different
return; at all times I have deserved well of your majesty and of the
French nation. My home in the United States has been always open to
French citizens, and few of any note who have visited the United
States have not experienced my hospitalities. At a period when the
administration of the government of the United States was hostile to
France and Frenchmen, they received from me efficient protection.
These, sire, are my crimes against France!

"Presuming that a proceeding so distressing and unmerited--so contrary
to the laws of hospitality, to the fame of your majesty's magnanimity
and justice, and to that of the courtesy of the French nation, must be
without your majesty's knowledge, and that, amid the mighty concerns
which weigh on your majesty's mind, those of an individual so humble
as myself may have escaped your notice, I venture to intrude into your
presence, and to ask either a passport to return to the United States,
or, if in fact your majesty, with the expectation of rendering me
useful to you, should wish a further delay, that I may be informed of
the period of that delay, that I may take measures accordingly for my
subsistence."

This memorial passed without notice.

The following correspondence between Colonel Burr and Mr. Jonathan
Russell, then Charge d'Affaires at Paris, and Mr. M'Rae, American
Consul at Paris, will show the conduct of representatives of the
United States to an American citizen in want and in a foreign land.

TO MR. RUSSELL.

Paris, October 25, 1810.

Mr. Burr presents respectful compliments. As a citizen of the United
States, he requests of Mr. Russell an official certificate to that
effect, and will have the honour of calling for the purpose at any
hour which he may be pleased to name. The fact of Mr. Burr's
citizenship being sufficiently known to Mr. Russell, it is presumed
that other proof will be deemed unnecessary.

FROM MR. RUSSELL.

Paris, October 25, 1810.

In reply to Mr. Burr's note of this morning, Mr. Russell begs leave to
inform him that the province of granting passports to citizens of the
United States belongs to the consul, to whom all wishing for that
protection must apply.

TO MR. M'RAE.

Paris, October 29, 1810.

Mr. Burr presents compliments. Having addressed himself to Mr. Russell
for a certificate of citizenship, has been informed by him that the
business of granting certificates was transferred to the consul. He
therefore repeats the request to Mr. M'Rae. If a personal attendance
be deemed necessary, Mr. Burr will wait on Mr. M'Rae for the purpose
at any hour he may be pleased to appoint.

FROM MR. M'RAE.

Paris, October 29, 1810.

Mr. M'Rae answers to Mr. Burr's note of this morning, that his
knowledge of the circumstances under which Mr. Burr left the United
States renders it his duty to decline giving Mr. Burr either a
passport or a permis de sejour. If, however, the opinion Mr. M'Rae has
formed and the determination he has adopted on this subject be
erroneous, there is a remedy at hand.

Although the business of granting passports and permis de sejour
generally is confided to the consul, the charge des affaires
unquestionably possesses full authority to grant protection in either
of those forms to any person to whom it may be improperly denied by
the consul.

TO MR. RUSSELL.

Paris, November 1, 1810.

On receipt of Mr. Russell's note, Mr. Burr applied to the consul; a
copy of his reply is herewith enclosed. It cannot be material to
inquire what are the _"circumstances"_ referred to by the consul, nor
whether true or false. Mr. Burr is ignorant of any statute or
instruction which authorizes a foreign minister or agent to inquire
into any circumstances other than those which tend to establish the
fact of citizen or not. If, however, Mr. Russell should be of a
different opinion, Mr. Burr is ready to satisfy him that no
circumstances exist which can, by any construction, in the slightest
degree impair his rights as a citizen, and that the conclusions of the
consul are founded in error, either in point of fact or of inference.
Yet, conceiving that every citizen has a right to demand a certificate
or passport, Mr. Burr is constrained to renew his application to Mr.
Russell, to whom the consul has been pleased to refer the decision.

FROM MR. RUSSELL.

Paris, November 4, 1810.

Without subscribing to the opinion of Mr. M'Rae with regard to the
appeal that lays from the erroneous decisions of the consul to the
charge d'affaires, Mr. Russell has no objection to judging the case
which Mr. Burr has presented to him.

The man who evades the offended laws of his country, abandons, for the
time, the right to their protection. This fugitive from justice,
during his voluntary exile, has a claim to no other passport than one
which shall enable him to surrender himself for trial for the offences
with which he stands charged. Such a passport Mr. Russell will furnish
to Mr. Burr, but no other.

In the winter of 1810 and 1811, being cut off from remittances from
America, it appears from his journal that he suffered sad privations
from the want of money.

In his diary of November 23, he writes--"Nothing from America, and
really I shall starve. Borrowed three francs to-day. Four or five
little debts keep me in constant alarm; all together, about two
Louis."

December 1, 1810. "----- came in upon me this morning, just as I was
out of bed, for twenty-seven livres. Paid him, which took literally my
last sous. When at Denon's, thought I might as well go to St.
Pelasgie; set off, but recollected I owed the woman who sits in the
passage two sous for a segar, so turned about to pursue my way by Pont
des Arts, which was within fifty paces; remembered I had not wherewith
to pay the toll, being one sous; had to go all the way round by the
Pont Royal, more than half a mile."

His journal for a year is filled with similar details, and would be a
melancholy narration were it not that it exhibits him under every
vicissitude, suspected and watched by the French government,
misrepresented by the representatives of his own country, treated with
almost universal coldness and neglect, cut off from all communication
with America, without money, without occupation, and without any
reasonable hope of a termination of his troubles, uniformly composed,
firm, and cheerful. Not a discontented or fretful expression is to be
found in his voluminous memoranda.

At length, in July, 1811, a ship being about sailing in ballast for
America, with Napoleon's permission, Colonel Burr, through the
influence of the Duc de Bassano, received permission to leave Paris.
He arrived at Amsterdam on the 3d of August; and after a month's
delay, apparently from the capricious tyranny of the French
authorities, he sailed for America in the ship Vigilant on the 20th of
September; and, escaping from the toils of one of the great
belligerants, he fell into the power of the other, and was on the next
day captured by an English frigate and carried into Yarmouth.

The Vigilant and the effects of her passengers were taken possession
of by the government for trial in the admiralty; and as Burr had paid
for passage to America, and was reduced very low in funds, he was
obliged to remain in England. He continued in England from the 9th of
October, 1811, till the 6th of March, 1812, when he sailed for America
in the ship Aurora, and arrived in New-York, via Boston, on the 8th of
June, 1812, just four years after his departure from America. During
his second sojourn in England he enjoyed the society and friendship of
Bentham and Godwin; but the latter could not alleviate his pecuniary
distress, and the former was probably never fully aware of it. The
diary contains a protracted record of privations, sometimes
threatening absolute and hopeless want, but endured throughout with
undisturbed and characteristic fortitude and gayety. He seems to have
missed the attentions and society which he found on his first visit to
London, and the following extract from his journal of 26th March,
1812, shows that he left England without feeling affection or regret.

"I shake the dust off my feet. Adieu, John Bull! Insula
inhospitabilis, as you were truly called 1800 years ago."

Footnotes:

1. It is highly probable that portions of Colonel Burr's journal, with
his correspondence while in Europe, may hereafter be published in a
single volume, as a separate and distinct work.

2. Joseph Alston, son-in-law of Colonel Burr.

CHAPTER XXIII.

Immediately after Colonel Burr's arrival in the city of New-York, he
opened an office and commenced the practice of law. The high and
distinguished reputation with which he had retired from the bar in
1801 secured to him, on his return, an extensive and profitable
business. A few individuals of the profession, under the influence of
former prejudices, some of them hereditary, and as ancient as the 4th
of July, 1776, endeavoured to throw impediments in his way; but these
efforts were of short duration, and productive of but little effect.
In general, he was courteously, if not kindly received, by gentlemen
of the profession. In reference to this subject it was his request,
that while no individual should be censured, the name of his friend,
Colonel Robert Troup, should be recorded as meriting and receiving his
most grateful acknowledgments. It has been seen that their intimacy
was formed while they were yet but boys, at a period and under
circumstances "that tried men's souls." On Burr's opening his office,
Colonel Troup, having abandoned the practice of law, generously
tendered him the use of his library until it should be required for
his (Troup's) own son; which, to Burr, was a most acceptable kindness,
as he was destitute of the means of supplying even his most pressing
wants. His prospects, for the moment, were cheering and auspicious.
But they were soon "o'er-clouded with wo."

In his daughter (Mrs. Alston) and her son were centred all his hopes,
all his affections, all the ties that bound him to this life. The
following appears to have been the first letter, after his arrival in
the United States, that Burr received from his son-in-law Alston.

FROM JOSEPH ALSTON.

July 26, 1812.

A few miserable weeks since, my dear sir, and in spite of all the
embarrassments, the troubles, and disappointments which have fallen to
our lot since we parted, I would have congratulated you on your return
in the language of happiness. With my wife on one side and my boy on
the other, I felt myself superior to depression. The present was
enjoyed, the future was anticipated with enthusiasm. One dreadful blow
has destroyed us; reduced us to the veriest, the most sublimated
wretchedness. That boy, on whom all rested; our companion, our
friend--he who was to have transmitted down the mingled blood of
Theodosia and myself--he who was to have redeemed all your glory, and
shed new lustre upon our families--that boy, at once our happiness and
our pride, is taken from us--_is dead_. We saw him dead. My own hand
surrendered him to the grave; yet we are alive. But it is past. I will
not conceal from you that life is a burden, which, heavy as it is, we
shall both support, if not with dignity, at least with decency and
firmness. Theodosia has endured all that a human being could endure;
but her admirable mind will triumph. She supports herself in a manner
worthy of your daughter.

We have not yet been able to form any definite plan of life. My
present wish is that Theodosia should join you, with or without me, as
soon as possible. My command here, as brigadier-general, embarrasses
me a good deal in the disposal of _myself._ I would part with
Theodosia reluctantly; but if I find myself detained here, I shall
certainly do so. I not only recognise your claim to her after such a
separation, but change of scene and your society will aid her, I am
conscious, in recovering at least that tone of mind which we are
destined to carry through life with us.

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