Memoirs of Aaron Burr Part 70

Baltimore, February 28, 1801.

Sir--Many of the citizens of Baltimore, who have just now heard of your arrival among them, beg leave to congratulate you and themselves upon the success of the late election of President and Vice-president of the United States. They, in a particular manner, appreciate that patriotism which disclaimed compet.i.tion for the presidential chair with that other eminent character who has finally been called to it--as setting a just value upon the will of the people.

By order of the meeting.

THOMAS McELDERRY.

To Aaron Burr, Vice-president elect of the United States of America.

Footnotes:

1. Mr. Tucker, in his life of Jefferson, ascribes the defeat of the federal party in South Carolina to General Hamilton's pamphlet. Its premature publication, no doubt, contributed largely to produce this result.

2. The effect of this letter upon public opinion may be judged of by the following, among other testimonials which might be inserted.

CHAPTER VI.

This contest in Congress produced, almost immediately, strong feelings of dissatisfaction between some of the friends of Mr. Jefferson and Colonel Burr. Jealousies and distrust had previously existed. Mr.

Jefferson was anxious that Mr. Madison should be his successor in office. The Clinton and Livingston families were prepared to unite in a crusade against Colonel Burr; the chieftains of each section hoping to fill the station from which he was to be expelled. General Hamilton was in favour of the election of Mr. Jefferson, as opposed to Colonel Burr. The result afforded him a triumph, and be was prepared, when opportunity should present, to prostrate his late successful opponent.

Such was the state of parties, and such the feelings of leading and distinguished partisans, when Colonel Burr entered upon the vice-presidency, on the fourth of March, 1801. He was hemmed in on every side by political adversaries, ready for the onset so soon as it should be deemed expedient to make it. Every movement, every expression at the convivial board or in the social circle, and every action, was carefully watched and noted for future use, if, by the exercise of ingenuity and misrepresentation, such expression or action could be so tortured as to operate injuriously to him. These several sections, each acting within its own sphere, impelled by conflicting motives, were untiring in their efforts to accomplish the great object--the ruin of the vice-president. They combined wealth, talents, and government patronage.

The following short extracts from letters, written as early as 1794 and 1795, will show what were the wishes of Mr. Jefferson (so far as any reliance can be placed on professions) in relation to Mr. Madison.

THOMAS JEFFERSON TO JAMES MADISON.

"Monticello, December 28, 1794.

"DEAR SIR,

"I do not see in the minds of those with whom I converse a greater affliction than the fear of your retirement; [1] but this must not be, _unless to a more splendid and more efficacious post_. [2]

There I should rejoice to see you; I hope I may say, I shall rejoice to see you. I have long had much in my mind to say to you on that subject; but double delicacies have kept me silent. I ought, perhaps, to say, _while I would not give up my own retirement for the empire of the universe_, how I can justify wis.h.i.+ng one, whose happiness I have so much at heart as yours, to take the front of the battle which is fighting for my security."

THOMAS JEFFERSON TO JAMES MADISON.

"Monticello, April 27, 1795.

"DEAR SIR,

"In mine, to which yours of March the twenty-third was an answer, I expressed my hope of the only change of position I ever wished to see you make, and I expressed it with entire sincerity, because there is not another person in the United States who, being placed at the helm of our affairs, my mind would be so completely at rest for the fortune of our political bark. The wish, too, was pure, and unmixed with any thing respecting myself personally. * * * * * *

"If these general considerations were sufficient to ground a firm resolution never to permit myself to think of the office (president), or be thought of for it, the special ones which have supervened on my retirement still more insuperably bar the door to it. My health is entirely broken down within the last eight months; _my age requires that I should place my affairs_ in a clear state; these are sound, if taken care of, but capable of considerable dangers if longer neglected; and, above all things, the delights I feel in the society of my family, and in the agricultural pursuits in which I am so eagerly engaged. _The little spice of ambition which I had in my younger days has long since evaporated, and I set still less store by a posthumous than present name_."

It is a remarkable fact, that, previous to the balloting in Congress, all parties and sections of parties concurred in the opinion that the election would finally be determined, as it was, by New-York, New-Jersey, and Maryland. These _three_ states would render the election of Colonel Burr certain; _two_ of them could elect Mr.

Jefferson. The vote, of New-York was to be decided by _Theodorus Bailey_, of Dutchess county, and _Edward Livingston_, of the city of New-York; the vote of New-Jersey by Mr. _Linn_, and the vote of Maryland by Mr. _Dent_ or Mr. _Baer_.

In the Commercial Advertiser of the thirteenth of February, 1801, a paper opposed to the election of Colonel Burr, there is published an extract of a letter from a member of Congress, dated Was.h.i.+ngton, February 10, which states that, upon the second ballot, it is expected that New-York, New-Jersey, and Maryland will vote for Mr. Burr.

On the sixth of February, 1801, a leading and influential republican member of Congress writes to his correspondent a letter, from which the following is extracted:--

"I have not time to answer your letter as fully as I could wish, as it would have been my desire to communicate to you not only facts, _but some of the reasons which have induced us to adopt the steps we have heretofore taken_. But, at all events, it is important that you should have an immediate knowledge of the present situation of affairs.

"It is reduced to moral certainty, so far as any reliance can be placed on the solemn determinations of men, that either Mr. Jefferson will be chosen, or that there will be no choice made. The republican majorities of eight states (including _Linn_ [3] of New-Jersey, and the New-York representation, [4] the republican half of Maryland, including Mr. Dent, [5] and Lyon of Vermont, are _pledged_ to persevere in voting for Mr. Jefferson to the end, be the consequence what it will."

Colonel Burr, soon after his election, gave his enemies an opportunity to cavil. It would be impossible to enter into all the details connected with this subject; but the princ.i.p.al charges which were made against the vice-president, and a.s.signed as reasons for opposing his renomination, will be briefly presented. The replies to or explanations of them, by the parties implicated, will also be given.

Late in November, 1801, when Mr. Burr was on his way to Was.h.i.+ngton to take his seat in Senate as vice-president, he was addressed by certain citizens of Baltimore, on which occasion he remarked, "Time will not allow me to return you a written answer, but I must be permitted to state my disapprobation of the mode of expressing public sentiment by addresses." This gave offence to some, and, by the artful and designing, was misrepresented. Mr. Burr, during the years 1798 and 1799, had beheld, with mortification and disgust, the adulatory, if not sycophantic addresses presented to President Adams. This reproof, therefore, of his friends, evinced his natural independence of character as well as the purest republican notions.

In the month of January, 1802, a bill to repeal what was termed by the republicans the federal midnight judiciary act, was pending before the Senate. On the 27th of January, a motion was made to refer the bill to a committee for the purpose of amendment. On this motion the votes were, _ayes_, 14; _noes_, 14. The vice-president, Colonel Burr, was in the chair. He said--"I am for the affirmative, because I never can resist the reference of a measure where the Senate is so nicely balanced, and when the object is to effect amendment that may accommodate it to the opinions of a large majority, and particularly when I can believe that gentlemen are sincere in wis.h.i.+ng a reference for this purpose. Should it, however, at any time appear that delay only is intended, my conduct will be different."

This decision afforded the enemies of Colonel Burr an opportunity to break ground more openly against him. He was now charged with aiding the federal party in their efforts to embarra.s.s the administration, and with the design of defeating the wishes of the American people. As yet, the charge of intriguing and negotiating with the federalists to obtain the presidency in opposition to Mr. Jefferson had not been made. The allies had not yet sufficiently poisoned the public mind against the vice-president, nor had they subsidized the requisite number of presses for carrying on the work of destruction. While the grand a.s.sault was meditating, and these _feints_ were carrying on against the vice-president, he was constantly receiving approbatory letters from intelligent and well-informed citizens, many of whom cowered beneath the storm when, in the height of its fury, it burst upon the victim. From among a number the following are selected:--

FROM A. J. DALLAS.

Philadelphia, 3d February, 1802.[6]

DEAR SIR,

On the judiciary question, I wrote my sentiments to Mr. Wilson Nicholas early in the session. I am sorry our friends have taken so peremptory a position, as the very circ.u.mstance of having taken it will render it difficult to move them. I cannot concur with them in the policy or expediency of the measure. The business of the court will not allow me to give my reasons in detail, but you shall have my brief.

1. There never was a case in which a party could be more justified in expressing their resentment, on account of the manner of pa.s.sing the act; the manner of organizing the courts; the nature of the opposition to the repeal, denying its const.i.tutionality, and menacing a civil war.

2. The repeal would be const.i.tutional, from a review of the principles, and terms of the const.i.tution itself; of the peculiar situation of the country ; its growing population ; its extending prospects; its increasing wants, pursuits, and refinements, &c.; of the a.n.a.logy to the Judiciary Inst.i.tution of England, where independent of the legislature is not within the policy or provision of the statutes relative to the commissions of the judges; of the a.n.a.logy to the Judiciary Inst.i.tutions of the sister states, which have all been subject to legislative interference occasionally. In Pennsylvania particularly, the const.i.tution declares that the judges shall hold their commissions during good behaviour; yet it expressly authorizes the legislature to abolish the Court of Common Pleas, &c.; and of the precedents in the existing act of Congress, which is an exercise of the power _sub modo_.

3. But notwithstanding the indignation I feel, in common with our friends, at the manner of pa.s.sing the Circuit Court act; and notwithstanding my perfect conviction that Congress has the power of repealing the act, I think the repeal would be impolitic and inexpedient. If it would be impolitic acting on party principles, it would be inexpedient of course; but I mean, also, that it would be inexpedient on account of the use that Pennsylvania (and I presume the same as to other states) has derived from the inst.i.tution:

1st. _It is impolitic_.

The republicans are not agreed on the const.i.tutionality of the repeal.

The people at large have imbibed strong prejudices on the subject of judicial independence. The repeal would be ascribed to party animosity; and if future amendments should be made, it would be considered as a personal proceeding, merely to remove the present judges: the hazard of loss in public opinion is greater than the hope of gain. There is a ma.s.s of the community that will not be fermented by the leaven of party pa.s.sions. By persons of this description, the motive and effect will be strictly a.n.a.lyzed and purified. The mere resuscitation of the old system will either expose the administration of justice to inconceivable embarra.s.sments, or demonstrate the motive to be abstractedly a party one, by calling for an immediate reform.

The clamour of the federalists will at least have a reasonable foundation.

2. _It is inexpedient_.

The mere repeal will reinstate a system which every man of common sense and candour must deprecate. It will entirely destroy inst.i.tutions susceptible of being modelled into a form economical as well as useful. It will deprive some states of tribunals which have been found highly advantageous, to the despatch of business. I allude particularly to Pennsylvania. In this state justice, as far as respects our state courts, is in a state of dissolution, from the excess of business and the parsimony of the legislature.