Memoirs of Aaron Burr, Volume 2.

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With this view of the subject you will perceive that I think--_First_,
There ought not to be a total repeal. _Second_, There ought to be
amendments.

If, however, a repeal should take place, I am clearly of opinion that
it would be unjustifiable to make any provision for the ex-judges. On
this point and on the introduction of amendments I will, if you desire
it, amplify by a future post.

The zealous republicans are exciting some intemperance here, in
opposition to a memorial from our bar, which, you will perceive, is
confined to the operation of the law in this state as a matter of
fact, and not to any controversy of a constitutional or political
nature.

I shall be anxious to hear from you as often as you can spare a
moment, and particularly while the judiciary bill is pending.

Yours, with great regard,

A. J. DALLAS.

FROM NATHANIEL NILES.

February 17, 1802.

DEAR SIR,

Permit me to thank you most sincerely for the vote you gave in favour
of Mr. Dayton's motion to refer the judiciary bill to a select
committee; not because I am by any means satisfied it is not best that
bill should pass, but because I earnestly desire that republicanism
should on every occasion display the spirit of conciliation, as far as
can be done without the destruction of principle. I am every day more
and more satisfied that the cause is more endangered by the want of
such displays than by every thing besides. The fate of parties in and
about Congress will ultimately be determined by the great body of the
well informed in the middle walks of life. It is happy, in some
respects, that these are generally so far from the scene of action as
to be tolerably free from the blinding influence of those passions
which the scene itself is calculated to excite. They wish for every
thing that tends to convince the great public that republicanism,
instead of being hostile, is friendly to moderation and harmony. Shall
we not do well to mark with great care and precision the sunken rocks
and shoals on which self-denominated federalism has dashed itself to
pieces? Among these I would enumerate their too eager and violent
pursuit of their object. Had they been patient and accommodating, the
eyes of the public would have been still hoodwinked, until habit,
gradually acquired, would have rendered an expensive monarchy the most
agreeable government. But, thank Heaven, they, by overacting, exposed
their own feelings and designs. Will not the same pertinacity and
precipitation endanger the better--the opposite cause? It is a
prevalent idea among us middling people, that a good government must
be a moderate one; and we are exceedingly apt to judge of the spirit
of the government from the spirit of our rulers. Every thing
non-conciliating bears in its very front strong symptoms of a
tyrannical spirit.

I am, sir, the more gratified by your moderation because (though I am
ashamed to avow it) I have heard you was too impetuous. Pardon my
mistake; and suffer me to entreat you to encourage a steady pursuit of
republican measures in that way which will convince the bystanders
that the actors are uniformly and irresistibly urged to pursue them by
cool conviction, resulting from a candid, extensive, and philanthropic
survey of the great object. Passion and caprice very illy become so
awfully sublime an object as that for which well-informed republicans
contend.

With sentiments of respect, your obedient servant,

NATHANIEL NILES.

FROM A. J. DALLAS.

Philadelphia, 3d April, 1802.

DEAR SIR,

The judiciary storm has passed away for the present. I perceive,
however, that an effort is making to improve the old system without
increasing the number of judges; and we are once more unanimous at the
bar of Philadelphia in rejoicing that Paterson, and not Chase,
presides in our circuit. I had begun an outline of courts and
jurisdictions agreeably to your wish; but I lost the hope of its being
adopted when finished, so I abandoned the labour. Perhaps it may be
worth while to renew the scheme, with a view to a future session.

There are some rumours of jealousy and dissatisfaction prevailing
among the republican leaders, in the executive as well as the
legislative departments of the federal as well as of our state
government. It will be disgraceful, indeed, if the rumours axe true.
Very sincerely yours,

A. J. DALLAS.

Such were the sentiments and views of many of the most pure and
intelligent of the republican party in relation to a repeal of the
judiciary act of 1800. The preceding letters express the opinions
entertained by thousands who were opposed to federal men and federal
measures, but who wanted time for reflection; and yet, when Colonel
Burr voted to recommit the repealing bill for the purpose of
ascertaining whether it could not be rendered more satisfactory, the
conspirators cried aloud, _Crucify him--crucify him_.

The plot now began to thicken. During the year 1801, a Scotchman by
the name of Wood was employed to write "_A History of John Adams's
Administration_." Ward & Barlas, booksellers in New-York, were the
proprietors of the copyright, and printed 1250 copies. William Duane,
editor of the Aurora, furnished the author a portion of his materials,
and became the agent to negotiate with a London bookseller for the
publication of an edition in England. In the summer or autumn of 1801
Colonel Burr was informed of the progress of the work, and procured a
copy before it was ready for publication. On examining it, he came to
the conclusion that it was calculated to do the republican party more
injury than good. It abounded with misrepresentations, errors, and
libels. Mr. Burr, through a friend, agreed to pay a stipulated sum for
the suppression of the work, under the most solemn assurance that no
copy or copies would be permitted to go into the hands of any third
person, but that the whole edition should be delivered to the agent
who was to pay the money. Before the time of payment arrived, it was
ascertained that a copy or copies had been parted with, and would not
be returned. The contract was, therefore, never carried into effect.
Pending this negotiation, Mr. Duane, through Wood or Ward & Barlas,
was made acquainted with the arrangements which were in progress.
Cheetham, the editor of the American Citizen, was also informed of
what was doing. This was considered a most favourable opportunity for
assailing the vice-president, and charging him with the design of
suppressing the History of John Adams's Administration for the purpose
of keeping the people in ignorance of the wrong doings of the federal
party. Although the assailants had a full view of the whole ground,
yet the attack was commenced by innuendoes, indicating ignorance of
the true state of facts. The charge operated most injuriously upon the
republican character of Colonel Burr. The injury was irreparable, and
the attacks continued with unexampled malignity.

This brief statement, it is hoped, will be found sufficiently explicit
to be intelligible. And now for the conduct of Mr. Duane on the
occasion. His object, and the object of his employers, was
accomplished; but whether a short development of the whole case will
or will not add to his fame, the reader must determine.

On or about the 27th of February, 1802, the editor of the Aurora, in
his paper, states that a curious fact has lately been brought to light
in New-York; that Wood had completed his engagement with Ward & Barlas
to furnish a history of John Adams's Administration, and that 1250
copies were printed, but suppressed at the desire of some person. Mr.
Duane then animadverts with harshness, and expresses a wish to get a
clew to the names of the person or persons who suppressed the work.

On the 31st of May, 1802, the Aurora states that the American Citizen
and the Evening Post have commenced a warfare, of which Mr. Burr is
the object; that the principal matter of charge is the suppression of
Wood's History of John Adams's Administration; and then adds--"We are
fully possessed of one side of the subject, and have perused the
suppressed book attentively."

On the 12th of July, 1802, the Aurora says--"So far as it relates to
Mr. Burr, my opinions have been uniform and reiterated to his
particular friends, that if the motives for the suppression of the
book were not _satisfactorily explained to the public_, his standing
with the republican interest was gone."

During the period between February and July, 1802, the Aurora
reprinted the slanders of Cheetham against Mr. Burr in relation to the
suppressed book, and continued, from time to time, his own attacks
upon the vice-president. While thus _publicly_ giving currency to
these calumnies, would it be believed (if asserted) that Mr. Duane was
_privately_ writing Colonel Burr, and approving of his conduct in
suppressing the work? One of his letters on this subject is deemed
sufficient to a right understanding of the case. It will now be given
without comment. * * * * *

FROM WILLIAM DUANE.

Thursday, April 15, 1802.

DEAR SIR,

I think it fortunate that the pamphlet of Mr. Wood has not yet been
published, and that it would be much more so if it were not ever to
see the light. It has disappointed my expectations of finding in it at
least some useful reflections and reasonings, however little novelty
there might be in the facts. But, even in the narration of facts, I
find numerous errors, and not a few misrepresentations of things
notorious to every man who has attended with understanding to the
course of public affairs. There is in it a _something_, too, of a
character very different from what was represented to me; the adoption
of the story of Hamilton [7] and Lafayette, if it is not the effect of
an indifference to accuracy, or a coldness in pursuit of truth, is
something much worse, and at least is suspicious: there is more of the
same kind of matter, and less attention to the influence and views of
such characters, than the subject required. I consider it, upon the
whole, as a hasty, crude, and inconsistent production, calculated
rather to produce evil than the least good--as it would be attributed
to the republicans, with all its faults and inconsistencies, and a
credit assumed from it as a party confession of merit, in a particular
character, which is not founded, at least in the way stated in the
pamphlet. Were some parts of it omitted, and false statements
rectified, it might not do any harm; and perhaps it might be found
advisable to adopt some plan of that kind, making a careful _record of
the omissions_ to insert any future _misrepresentations_, and a like
record of such _additions_ or _alterations_. This might be very easily
done by printing the pages anew which contain the exceptionable parts,
and, if necessary, substituting reflections or anecdotes, founded in
fact, in their places. This might be done at a small expense. The
thing, thus corrected, published; and, if any effort should be made to
misrepresent, credit would be derived even by the defence, and the
exposure of the motives for suppressing the misstatements.

This I have thought proper to write you, and I hope will, in its
object and motives, find with you an excuse for doing so.

I am, with respect, your obedient servant,

WILLIAM DUANE.

Footnotes:

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

2. President of the United States.

3. Appointed by Mr. Jefferson supervisor of internal revenue for the
state of New-Jersey.

4. Edward Livingston and Theodorus Bailey; the former appointed United
States district attorney for the district of New-York; the latter
subsequently appointed postmaster of the city of New-York, and removed
from the country, a distance of nearly one hundred miles, to take
charge of the office. Cheetham, editor of the _American Citizen,_ some
time after Mr. Livingston's appointment, in referring to him,
says--"Should Mr. Burr's _confidential friend ever become dangerous,
we will show what he has been and what he is_."

5. Appointed United States marshal for the Potomac district of
Maryland.

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

7. The story here referred to is thus related by Wood in his history:
"In the year 1780, he (Hamilton) was promoted to the rank of colonel,
and at the siege of Yorktown commanded the attack on one of the
redoubts, the capture of which decided the fate of Lord Cornwallis and
his army. The conduct of Mr. Hamilton on this occasion was truly
honourable, and, in the history of his life, ought to weigh against
several of those scars that have since stained his character. Previous
to the attack, the Marquis de Lafayette proposed to General Washington
to put to death all the British troops that should be found in the
redoubts, as a retaliation for several acts of barbarity committed by
the royal army. The steady and nervous mind of Washington, which was
ever known to yield to the virtuous prejudice of compassion, gave his
assent to the bloody order. But Mr. Hamilton (the tenderness of whose
feelings has led him into error), after the redoubts were subdued,
took the conquered under his protection, and proved to his enemies
that Americans know how to fight, but not to murder." [General
Hamilton, in a letter referring to this same story, says--"Positively
and unequivocally, I declare that no such or similar order, or any
intimation or hint resembling it, was ever by me received or
understood to have been given."

CHAPTER VII.

Colonel Burr's silence under these reiterated attacks, with such means
of defence as his enemies knew that he possessed, encouraged and
imboldened them to make other and more daring assaults. He was now
charged, in general terms, with intriguing for the presidency, in
opposition to Mr. Jefferson; with endeavouring to obtain federal
electoral votes, and thus to defeat Mr. Jefferson and promote his own
elevation; with having entered into terms and conditions with federal
members of Congress in the winter of 1800; and with having committed
himself to, that party, in the event of success through their
instrumentality. These slanders were countenanced and circulated in
whispers by men high in authority, until the political integrity of
Colonel Burr was so far ruined as to render any defence, on his part
or on the part of his friends, useless and unavailing. The hireling
press now boldly entered upon specific charges; naming the parties
with whom Colonel Burr or his friends had negotiated, and the agents
whom the vice-president had employed to effect his purposes. These
details were given in a manner so circumstantial, as, by their
audacity, seemingly to command confidence. The slanders were
circulated with industry and rapidity, while the contradictions rarely
met the public eye, except through the medium of a federal press,
which publication, with the already prejudiced republican, was
construed as evidence of the truth of the charge. The principal
instances of specific cases will now be presented as briefly as
practicable.

The presidential electors of the state of New-Jersey were federal. Dr.
Samuel S. Smith, president of Princeton College, was an elector. The
Hon. Jno. B. Prevost, son of Mrs. Burr by her first husband, was
married to the daughter of Dr. Smith. This circumstance rendered
plausible a story invented and propagated by the calumniators of
Colonel Burr. They boldly charged that "_Dr. Smith, of New-Jersey, was
secretly to have voted for Mr. Burr, and thus made him President of
the United States_." To this charge Dr. Smith replied as follows :--

TO THE EDITOR OF THE EVENING POST.

Princeton, July 29, 1802.

SIR,

In your paper of Monday, July 26, under the article entitled _A View
of the Political Conduct of Aaron Burr, Esq_., by the author of the
_Narrative_, I observe some very gross misrepresentations, which I
conceive it to be a duty that I owe to Mr. Burr, the New-Jersey
electors, and myself, to declare to be absolutely false. Mr. Burr
never visited me on the subject of the late election for president and
vice-president--Mr. Burr never conversed with me a single second on
the subject of that election, either before or since the event. No
project or plan of the kind mentioned in that paper was proposed or
hinted at among the electors of New-Jersey. I am assured that Mr. Burr
held no intrigue with them on that occasion, either collectively or
individually. They were men above intrigue; and I do not know that he
was disposed to use it. At their meeting, they unanimously declared
that a fair and manly vote, according to their sentiments, was the
only conduct which was worthy of their own characters or of their
cause.

"SAMUEL. S. SMITH."

It was next charged that Colonel Burr had sent, at his own expense,
special agents to different states, previous to the choice of
electors, with the view of influencing their selection, and to promote
his own elevation to the exclusion of Mr. Jefferson. The agents named
were Mr. Abraham Bishop, of New-Haven, and Mr. Timothy Green, of
New-York. It was asserted that Mr. Bishop was Mr. Burr's agent at
Lancaster, Pennsylvania, during the session of the legislature that
appointed the presidential electors.

In August, 1802, Mr. Bishop published a full and explicit refutation
of the charge. He denied that Mr. Burr sent him to Lancaster, or that
he went there for any purposes personally or politically regarding
that gentleman. The publication of Mr. Bishop is not readily to be
found; but he is still living, and subsequently was appointed by Mr.
Jefferson collector of the port of New-Haven.

In relation to Mr. Green, it was alleged that he was sent to Columbia,
South Carolina, for similar purposes, and that he "_corresponded with
the vice-president on the subject of the then approaching election,
under cover to John Swartwout_." The replies of Mr. Green and Mr.
Swartwout were as follows:--

"New-York, October 11, 1802,

"MESSRS. DENNISTON AND CHEETHAM,

"In the _American Citizen_ of this day you have made a publication, to
which you have affixed your names. In this you have stated, 1st, That
Timothy Green, of this city, was despatched as an agent to Columbia,
the seat of government of the state of South Carolina, by the
vice-president. 2dly, That he was the eulogist and intercessor for the
vice-president. 3dly, That he sent the vice-president despatches
regularly, addressed to Mr. John Swartwout, of this city, under cover.

"Now, as you have been most egregiously imposed upon by some
disorganizing person, it is your duty and mine that the public be
immediately furnished with both what were and what were not my
inducements and motives in making a journey in November, 1800, to
Columbia, and of my conduct while there. For this purpose you will
please to insert in your paper of to-morrow the following corrections
to your statement:--

"1st, I aver that I never went on any message of a political nature to
Columbia, in South Carolina, or to any other place for the
vice-president or any other person; neither was I ever requested or
desired by the vice- president or by any other person to go to
Columbia, in South Carolina, or any other place, on any political or
electioneering mission, of any name or nature whatsoever. On the
contrary, my journey to Columbia, in South Carolina, in the year of
our Lord 1800, and my engagements until my return in 1801, was wholly
unsolicited by any person (except my debtors in South Carolina), and
were solely of a commercial nature, and for which I had been preparing
eight months before.

"2dly, That I never wrote a letter to the vice-president of a
political nature; neither did I write him any information relative to
the presidential election in South Carolina, neither did I ever
enclose a letter, directed to the vice-president, in a letter or cover
directed to Mr. John Swartwout.

"3dly, That my letters to Mr. Swartwout while in South Carolina were
unsolicited, and written solely with the motive to relieve the minds
of my friends from the anxiety necessarily attendant on a state of
suspense, while an important event is hourly expected to take place.

"4thly, That I never was in the habit of eulogizing public men,
neither did I vary from my usual manners while in South Carolina. I
had no occasion to intercede for the election of Colonel Burr: all the
fear I had while there was lest a compromise should take place, as the
political parties were nearly balanced in the state legislature. This
I did, as far as in my power, conscientiously endeavour to prevent;
knowing that, if union and good faith were not inviolably preserved
among the constitutional republicans, our past, present, and future
exertions would be unavailing.

"TIMOTHY GREEN."

FOR THE AMERICAN CITIZEN.

"New-York, October 13, 1802.

"MESSRS. DENNISTON AND CHEETHAM,

"In your seventh letter addressed to Aaron Burr, Esq., Vice-president
of the United States, published in the American Citizen of the 11th
instant, I notice the following paragraph, viz.:--

"Meantime, Sir, you had your eye on South Carolina; you despatched an
agent, Mr. Timothy Green, of this city, to Columbia, the seat of
government of that state. It was questionable whether South Carolina
would give you a single vote. At that period you were scarcely known
in the state. Mr. Green was at Columbia at least two months. He, was
your eulogist; your intercessor; he sent you despatches regularly;
they were addressed to Mr. John Swartwout, of this city, under cover,
and by him communicated to you.

"You will please to inform the public, through the medium of your
paper, that the above paragraph, so far as relates to my receiving
letters under cover, or communications from Timothy Green for Aaron
Burr, is utterly destitute of truth.

"JOHN SWARTWOUT."

In a pamphlet entitled "A View of Aaron Burr's Political Conduct," it
was charged that "Mr. Burr, while in the city of New-York, carried on
a negotiation with the heads of the federal party at Washington with a
view to his election as President of the United States. A person was
authorized by them to confer with him on the subject, who accordingly
did so. Mr. Burr assented to the propositions of the negotiator, and
referred him to his confidential friend to complete the negotiation.
Mr. Burr stated that, after the first vote taken in the House of
Representatives, New-York and Tennessee would give in to the
federalists."

To this Colonel Burr replied, in a letter to _Governor Bloomfield_, of
New-Jersey, under date September 21, 1802:--

"You are at liberty to declare from me that all those charges and
insinuations which aver or intimate that I advised or countenanced the
opposition made to Mr. Jefferson pending the late election and
balloting for president; that I proposed or agreed to any terms with
the federal party; that I assented to be held up in opposition to him,
or attempted to withdraw from him the vote or support of any man,
whether in or out of Congress; THAT ALL SUCH ASSERTIONS AND
INTIMATIONS ARE FALSE AND GROUNDLESS."

In the pamphlet already referred to, and various newspaper
publications, it was alleged that General Hamilton had personal
knowledge of Colonel Burr's negotiations with the federalists. On the
13th of October, 1802, the editor of the New-York Evening Post
(William Coleman) states that he is authorized to say that General
Hamilton, at a dinner at Edward Livingston's, declared that he had no
personal knowledge of any negotiation in reference to the presidency
between Colonel Burr and any person whatever.

It will be recollected that Colonel Burr, in his letter to Governor
Bloomfield, denied the charge of "having proposed or agreed to any
terms with the federal party." The person named as being the agent of
the federalists, with authority to confer with Colonel Burr, was David
A. Ogden, Esq., of the city of New-York, who was intimately connected
with General Hamilton in professional business. Dr. Peter Irving was
at that time the proprietor and editor of a highly respectable daily
journal (Morning Chronicle) published in the city of New-York. The
facts in relation to this charge are developed in the following
letters.

P. IRVING TO DANIEL A. OGDEN.

"New-York, November 24, 1802.

"SIR,

"Though I have not the pleasure of a personal acquaintance with you, I
flatter myself that the contents of this letter will preclude the
necessity of an apology for addressing you.

"It has been asserted in various publications that Mr. Burr, during
the late election for president and vice-president, entered into
negotiations and agreed to terms with the federal party, or with
certain individuals of that party, with a view to advance himself to
the office of president to the exclusion of Mr. Jefferson. Mr. Burr,
in a letter to Governor Bloomfield, dated the 21st of September last,
declared that all such allegations were false and groundless; and the
charges have been renewed in more recent publications, which point to
you by name as the person through whom such negotiations were carried
on and terms concluded. It has now become interesting to a great
portion of the community to be informed how far these assertions and
charges have been authorized by you, or are warranted by your
knowledge of facts.

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