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, chargé 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. Colonel Burr commenced the practice of his profession at the close of the revolution, under the most favourable auspices; and may be said at one bound to have taken rank among the first lawyers of the day, and to have sustained it until he became vice president, at which time, it is believed, he had no superior at the bar, either in this state or in the Union, nor even an equal, except General Hamilton. The eclat which Burr, yet a beardless boy, had acquired by his adventurous march under Arnold to Canada, through our northeastern wilds, then a trackless desert; his gallant bearing at Quebec and Monalouth; his efficient services in the retreat of our army from Long Island and New-York; and his difficult and delicate command on the lines of Westchester, followed him to private life, gathered around him hosts of admirers and friends among our early patriots, particularly the youthful portion of them, and no doubt essentially aided him in making his successful professional _debut_. The name of the chivalrous aid-de-camp who supported in his youthful arms the dying hero of Quebec was familiar in the mouths of men, and from one end of the continent to the other he was eulogized for his military prowess. Such were the cheering auspices under which he sheathed his sword when his physical energies would permit him no longer to wield it. "He was indefatigable," says another legal friend, "in business, as he had been in his previous studies, and no lawyer ever appeared before our tribunals with his cause better prepared for trial, his facts and legal points being marshalled for combat with all the regularity and precision of a consummate military tactician. No professional adversary, it is believed, has ever boasted of having broken or thrown into confusion the solid columns into which he had formed them, or having found void spaces in their lengthened line, or to have beaten him by a _ruse de guerre_ or a surprise. "He never heeded expense in completing his preparations for trial; and, while laborious himself to an uncommon degree, he did not stint the labours of others, so far as he could command or procure them. Every pleading or necessary paper connected with his causes was in tile first place to be multiplied into numerous copies, and then abstracted or condensed into the smallest possible limits, but no material point or idea was by any means to be omitted. His propensity to concision or condensation was a peculiar trait in his mind. He would reduce an elaborate argument, extending over many sheets of paper, to a single page. Had he written the history of our revolution, which he once commenced, he would probably have compressed the whole of it in a single volume." In his professional practice, he never solicited from an opponent any favour or indulgence any more than he would have done from an armed foe; but, at the same time, rarely withheld any courtesy that was asked of him, not inconsistent with the interest of his clients. He was a strict practitioner, almost a legal _martinet_, and so fond of legal technicalities, that he never omitted an opportunity of trying his own skill and that of opposite counsel in special pleas, demurrers, and exceptions in chancery, notwithstanding the risk of paying costs sometimes, though rarely incurred, and of protracting a cause. The labour of drawing his pleadings and briefs, however, at least after his return from Europe in 1812, always devolved upon others; and, with marginal notes of all the authorities which had been consulted, from the year books downward, which were sometimes in law French and law Latin, to the last reports in England and some half a dozen of our states, in which may be properly called law English, were submitted to his critical acumen; his thousand doubts, suggestions, hints, and queries, which would start from his mind like a flash, and for a moment seem to throw into inextricable confusion what had been laboriously, and perhaps profoundly studied, at last would most generally be adopted without material alterations or additions. Colonel Burr's mind cannot be said to have been a comprehensive one. It was acute, analytical, perspicacious, discriminating, unimaginative, quick to conceive things in detail, but not calculated to entertain masses of ideas. He would never have gained celebrity as an author; but as a critic, upon whatever subject, his qualifications have rarely been surpassed, though in literary matters and the fine arts they were only exhibited in conversation. His colloquial powers were impressive and fascinating, though he generally seemed a listener rather than a talker; but never failed to say a proper thing in the proper place." As a public speaker, his ideas were not diffuse enough; or rather, he appeared to lack fluency to make a long, and what is called an elaborate argument upon any matter, however grave or momentous. In a cause in which he was employed as associate counsel with General Hamilton, an incident occurred, in relation to Chief Justice Yates, not unworthy recording. It speaks a language that cannot he misunderstood, and is demonstrative of the influence which he had over the feelings as well as the minds of his hearers. It was the celebrated case of Le Guen vs. Gouverneur and Kemble, one of the most important, in regard to the legal questions and amount of property involved, which at that day had been brought before our tribunals, and in which case he completely triumphed. Only a short period previous to his decease Colonel Burr remarked, that on this occasion he had acquired more money and more reputation as a lawyer than on any other during his long practice at the bar. A letter was addressed to Thurlow Weed, Esq., requesting him to apply to the Hon. John Van Ness Yates, son of the late chief justice, and ascertain whether the incident, as reported, was founded on fact. To that letter Mr. Weed received the following answer. JOHN VAN NESS YATES TO THURLOW WEED. Albany, July 8th, 1837. DEAR SIR, After some difficulty in finding my father's notes of the argument in the case of Le Guen vs. Gouverneur and Kemble, I have ascertained that the account you showed me, given in the letter of M. L. Davis, Esq., is in the main correct. My father's notes of General Hamilton's argument are _very copious_. Those of Colonel Burr's are _limited_, in this way--"Burr for plaintiff, I. The great principles of commercial law which apply to this case are"--then follows a hiatus of some lines. After which, as follows:-- "II. The plaintiff"--another _hiatus_. "III. !!!!!" and this concludes all I can find. Hamilton's eloquence was (if I may be allowed the expression) _argumentative_, and induced no great elevation or depression of mind, consequently could be easily followed by a note taker. Burr's was more _persuasive_ and _imaginative_. He first enslaved the _heart_, and then led captive the, _head_. Hamilton addressed himself to the _head_ only. I do not, therefore, wonder that Burr engrossed all the faculties of the hearer. Indeed, I have heard him often at the bar myself, and always with the same effect. I do not recollect, in conversation, any particular allusion of my father's to Burr's argument in the case of Le Guen _vs_. Gouverneur and Kemble; but I have frequently heard him say, that of all lawyers at the bar, Burr was the most difficult to follow in the way of taking notes. Yet Burr was very _concise_ in his language. He had no pleonasms or expletives. Every word was in its proper place, and seemed to be the only one suited to the place. He made few or no repetitions. If what he said had been immediately committed to the press, it would want no correction. Yours respectfully, J. V. N. YATES. Colonel Burr's style of speaking at the bar was unique, or peculiarly his own; always brief; never loud, vehement, or impassioned, but conciliating, persuasive, and impressive; and when his subject called for gravity or seriousness, his manner was stern and peremptory. He was too dignified ever to be a trifler; and his sarcasm, sometimes indulged in, rarely created a laugh, but powerfully told upon those who had provoked it. His enunciation was slow, distinct, and emphatic; perhaps too emphatic; and this was pronounced, by his early and devoted friend, Judge Paterson, [3] a fault in his mode of speaking while a youth, and seems never to have been fully corrected, as he did that of rapid utterance, attaining the true medium for public speaking in this respect. He spoke with great apparent ease, but could not be called fluent, although he never appeared at a loss for words, which were always so chaste and appropriate that they seemed to, have been as carefully selected before they fell from his lips as if they had been written down in a prepared speech and committed to memory. His manner was dignified and courteous; his self-possession never for an instant forsook him. He never appeared hurried or confused, or betrayed the slightest embarrassment for want of ideas to support his argument, or language in which to clothe it; and possessed a memory so well disciplined as never to forget any thing in the excitement of the legal forum which in the retirement of his study he had intended to use. He has frequently been heard to say that he possessed no oratorical talents; that he never spoke with pleasure, or even self-satisfaction, and seemed unconscious of the effect which he produced upon the minds of his audience. Colonel Burr accorded the palm of eloquence to General Hamilton, whom he frequently characterized as a man of strong and fertile imagination, of rhetorical and even poetical genius, and a powerful declaimer. Burr's ruling passion was an ardent love for military glory. Next to the career of arms, diplomacy, no doubt, would have been his choice, for which not only his courtly and fascinating manners, but every characteristic of his mind peculiarly adapted him. It is idle now to speculate upon what he might have been had Washington yielded to the importunities of Madison, Monroe, and others, and appointed him minister to the French republic. Our country, before which he then stood in the original brightness of his character, would have been honoured in the choice, both at home and abroad, and his own destiny, at least, would have been widely different. Notwithstanding oratory was not his forte, and he never spoke in public with satisfaction to himself, still many anecdotes are told of him which would show that the effect of his speeches were sometimes of unequalled power. It is said, that at the close of his farewell address to the Senate of the United States on his retirement from the vice-presidency, there was scarcely a dry eye to be seen among his grave auditors, many of whom were his bitter political adversaries. His manner of speaking was any thing but declamatory, and more resembled an elevated tone of conversation, by which a man, without any seeming intention, pours his ideas in measured and beautiful language into the minds of some small select circle, dislodging all which they may have previously entertained upon a particular subject, and fixing his own there, by the power of a seeming magical fascination, which he could render, when he chose, almost irresistible. To judge him by his success as a public speaker, few men could be called more eloquent. As a monument of his legal knowledge and talents, his trial at Richmond may be referred to. The two volumes of Reports which contain it exhibit on almost every page the impress of his great mind, in its singular acuteness and perspicacity, and great powers of analysis and argument. On that trial were engaged some of the ablest lawyers of our country, and he manifestly took the lead of them all. But the abilities which he displayed, hour by hour, and day by day, through that long protracted contest, in which the verdict sought for by those who then wielded the political destinies of our country was an ignominious death, were no less remarkable than his unshaken firmness and high moral elevation of deportment, struggling as he was for honour and for life. _Fiat Justicia ruat coelum_, was the motto of Chief Justice Marshall on the trial of Colonel Burr. He was acquitted, but his acquittal was not owing to the clemency or partiality of his judges. His acuteness as a lawyer, and the adroitness with which he managed his defence, contributed greatly, no doubt, in saving him from becoming a victim, though his innocence of the charge of treason which had been brought against him could hardly have effected that acquittal. Here, then, his talents have done some good to his country, even if it be of a negative character. They saved it from a stain of blood, which would have been as indelible as is that of Admiral Byng upon the escutcheon of England. After Colonel Burr's return from Europe in 1812, he was engaged in several important causes, in which he was preeminently successful. His legal opinion in the great steam-boat cause aided in breaking up that monopoly. He was originally employed in the important land trial of Mrs. Bradstreet, and in the Eden causes, involving a large amount of property in the city of New-York, and turning upon some of the nicest points of the most difficult branch of the law of real property: he triumphed over almost the entire force of the New-York bar, backed by powerful corporations and individuals of great wealth, which they profusely lavished in a long-protracted contest. He commenced the Eden suits in opposition to an opinion which bad been given by General Hamilton, Richard Harrison, and other members of the profession of high standing, and on the faith of which opinions the parties in possession of the lands had purchased and held them at the time the suits were commenced. Had Colonel Burr assiduously pursued the study of law through life, like Marshall, Kent, and others, it is not easy to conjecture to what elevated point he might have risen; but such was not his destiny; the bent of his genius, which had received its inclination at the stirring period of the world when he entered into active life, was military. But to show his persevering industry in his practice as a lawyer, and his power of enduring fatigue, even when almost an octogenarian, the following letter, written by him, is inserted. Albany, March, 1834. Germond's, Wednesday Evening. Arrived this evening between 6 and 7 o'clock, having been _forty-five_ hours in the stage without intermission, except to eat a hearty meal. Stages in very bad order--roads excellent for wheels to Peekskill, and thence very good sleighing to this city. The night was uncomfortable; the curtains torn and flying all about, so that we had plenty of fresh air. The term was closed this day. Nelson will hold the Special Court to-morrow morning--have seen both Wendell and O'Connor this evening--all ready--came neither fatigued nor sleepy. A. B. Footnotes: 1. For the remarks which I am now about to present to the reader I am principally indebted to two highly intelligent members of the bar. _Either_ of whom is fully competent to a development of Colonel Burr's legal character; and _neither_ of whom would be disqualified by any prejudices in his _favour_. These gentlemen, it is believed, entertained different views as to the Practical value of that species of reading which is necessary to form what is by some termed "a truly learned lawyer." 2. Colonel Burr's brother-in-law, Judge _Tappan Reeve_, and his uncle, _Pierpont Edwards_. 3. see Vol. I., Ch. III. CHAPTER II. Before entering upon the details connected with the election of 1800, a brief history of the rise and progress of political parties in the State of New-York is deemed necessary. By the Constitution adopted during the revolutionary war, the state was divided into four districts, viz., The Southern, the Middle, the Eastern, and the Western. In the Southern District was included the counties of Richmond (_Staten Island_), Kings, Queens, and Suffolk (_Long Island_), New-York (_Manhattan Island_), and Westchester. These six counties, from the autumn of 1776 until the summer of 1783, were in a great measure in the possession of the British forces, and those portions of them which were nominally within the American lines were generally inhabited by tories and refugees. Lord North, or the most unrelenting of his followers, were not as much opposed to American independence as were the tories of the united provinces. The city of New-York became the rendezvous of the most intelligent and influential of this class. From this point they communicated with the British premier, through their correspondents in London. Many of them that were in exile from their late homes in Pennsylvania, New Jersey, and Connecticut, left their families behind them, under the protection of the whigs. By this arrangement facilities were afforded for ascertaining the position, resources, and movements of the rebel armies. These facilities were not neglected, and the information thus obtained was promptly communicated to the British commander-in-chief in New-York, and to the ministry in England. The whigs felt that ingratitude was returned for their hospitality, and, in consequence, they became daily more incensed against the tories. It is believed that the war would have terminated in 1780 or 1781, if the British minister and his military commanders in America had not been constantly led into errors by the opinions and advice of the refugees, but especially those residing in the city of New-York. Entertaining such views, the suffering whigs, in their most trying hours, consoled themselves with the hope and belief that, when the struggle should terminate and the country become independent, their oppressors and persecutors would no longer be permitted to remain among them. These were the predominant feelings of the men who were perilling their lives and enduring every species of privation and hardship for the freedom of their native land. During the year 1778, Joseph Galloway, formerly of Philadelphia, sailed for England. His correspondence was extensive, and he became the depository of all the grievances of the American loyalists. He was the medium of communication between them, Lord North, and Lord George Germain. He possessed, in a high degree, the confidence of those who were the conscience keepers of the king. Among the correspondents of Mr. Galloway may be enumerated William Franklin, former governor of New-Jersey, Daniel Cox, and David Ogden, members of his majesty's council in New-Jersey, the Rev. Dr. Inglis, subsequently bishop of Nova Scotia, and Isaac Ogden, counsellor at law of New-York, John Potts, a judge of the Common Pleas in Philadelphia, John Foxcroft, postmaster general of North America, &c., &c. None of Mr. Galloway's correspondents exhibited a more vindictive spirit than the Rev. Bishop Inglis. These letters were private and confidential, excepting so far as, the ministry were concerned, for whose use most of them were intended. None of them, it is believed, have ever heretofore found their way into print. They are now matters of history. They are well calculated to develop the secret designs of the tories, and, at the same time, they afford the strongest view that could be given of the patriotism, the sufferings, and the untiring perseverance of the sons of liberty in those days. Some extracts will now be made from the original manuscripts, for the purpose of showing, in a limited degree, the cause, and thus far justifying the hostile feelings of the whigs towards the refugees. The _Rev. Bishop Inglis_, under date of the 12th December, 1778, says--"Not less than sixty thousand of the rebels have perished by sickness and the sword since the war began, and these chiefly farmers and labourers. I consider it certain that a famine is inevitable if the war continues two years longer; nay, one year war more will bring inexpressible distress on the country with regard to provisions, and this will affect the rebellion not less than the depreciation of their pasteboard dollars. The rebellion, be assured, is on the decline. Its vigour and resources are nearly spent, and nothing but a little perseverance and exertion on the part of Britain is necessary to supress it totally. Butler and Brandt's forces, Indians and loyalists, I am told, amount to five or six thousand men. They have distressed and terrified the rebels more since last spring than the whole royal army. _Isaac Ogden_, under date 22d November, 1778, says--"Thus has ended a campaign (if it deserve the appellation) without anything capital being done or even attempted. How will the historian gain credit who shall relate, that _at least_ twenty-four thousand of the best troops in the world were shut up within their own lines by fifteen thousand, _at most_, of poor wretches, who were illy paid, badly fed, and worse clothed, and scarce, at best, deserved the name of soldiers?" _Daniel Cox_, under date of 17th December, 1778, says--"Ned Biddle has declined his seat in Congress. The truth is, he means to do more essential service in the assembly, which has ordered the general sense of the people to be taken respecting the present constitution of Pennsylvania. Joe Reed is elected, and accepted the honour of being president and commander-in-chief of the state." _John Potts_, under date 1st March, 1779, says--"An opinion prevails here that government (the British) will adopt the mode of devastation. If that should really take place, adieu to all the hopes of the friends of government ever again living in America. Be assured that, should government be restored by such means, her friends would find it impossible to travel this country without a guard to prevent assassination. This is not only my opinion, but the real sentiments of every friend to government. I have conversed with none, except some of the violent tories, indeed, of New England, _who seem to partake of the savage temper of our countrymen_." G---- N----[1] has said, in a confidential letter to a friend of his, "that government wish to get rid of this country, and is only at a loss how to do it without leaving it in a situation to injure her." _Daniel Cox_, 28th February, 1779, says--"At any rate, I see absolute ruin attend us poor attainted loyalists should the colonies be given up, or this place (New-York) be evacuated. I once fondly imagined neither would happen. I wish that our old friend, the Black Prince, [2] could have the direction here again, and have the glory of conducting the future operations to a happy conclusion. I think he is more calculated for it than somebody [3] else, who, though he may possess zeal and honesty, wants head." _Isaac Ogden_, 8th March, 1779, says--"Admiral Gambier is ordered from this station, to the universal joy of all ranks and conditions. I believe no person was ever more generally detested by navy, army, and citizen, than this penurious old reptile." _Daniel Cox_, 10th April, 1779, says--"In an open letter to me, Mrs. Cox speaks of the increasing depreciation of the continental money, under the allegory of an old acquaintance of mine lying in a deep consumption. Should Great Britain be really treating, and give us up, there must be an end to her glory. But such a misfortune I can never believe her subject to, unless from her own folly and internal factions of the accursed opposition." _Thomas Eddy_, under date 5th month, 3d, 1779, says--"From accounts received by last packet of the determined resolution of
{'title': 'Memoirs of Aaron Burr, Volume 2. by Aaron Burr', 'source': 'Project Gutenberg', 'lang': 'en'}