THE 
 
 LIFE 
 
 OF 
 
 AARON BURR 
 
 BY SAMUEL L. KNAPP. 
 
 Populumque falsis dedocet uti 
 
 Vocibus. 
 
 NEW- YORK I 
 PUBLISHED BY WILEY & LONG 
 
 No. 161 Broadway. 
 
 1835. 
 
305 
 
 Entered according to Act of Congress, in the year 1835, by SAMUEL 
 L. KNAPP, in the Clerk s Office of the District Court of the Southern 
 District of JNew-York. 
 
 JAS. VAN NORDEN, PRINTER, 
 49 WILLIAM-STREET. 
 

 INTRODUCTION 
 
 ANCIENT history informs us that Osapho, a Lybian 
 king, was anxious to have divine honours paid to him 
 by his subjects, being surfeited by such as were mere 
 ly human. This wish of his heart occupied his atten 
 tion night and day ; at last, he hit upon a stratagem 
 to secure the homage due the gods for himself. He 
 established an extensive aviary of those numerous talk 
 ing birds found in warm climates. His slaves, in se 
 cret, taught these birds, whenever they were fed, or 
 wanted food, to cry aloud, " Osapho is a god S" 
 When all his birds were thoroughly instructed in this 
 language, the whole flock were allowed to fly from 
 their cages to the thickest groves, and when the shep 
 herds and hinds came to repose in the shade, in the 
 heat of the day, the whole Sylvan train were astonish 
 ed to hear the birds pronounce distinctly the words 
 " Osapho is a god." The inspired birds were tame, 
 and had no fears of men ; this increased their credit 
 with their audience. The words were repeated from 
 tree to tree, until the whole grove was vocal with the 
 sound. The wonder-struck listeners hurried from the 
 groves to the palace of the king, and fell down and 
 worshipped him. The language of the birds was 
 taken as oracular, when it only arose from a trick to 
 gull the Lybians. 
 1 
 
IV INTRODUCTION. 
 
 How easily might the scene have been reversed, if 
 some enemy of the king had taught a flock of these 
 talking birds, by the same art, to have said, " Osapho is 
 a demon!" In all probability the ingenious monarch 
 would have been massacred by his subjects, or have 
 been driven into the desert, as hated by man, and for 
 saken by the gods. 
 
 In every age and nation there have been attempts, 
 perhaps less harmless than this, to elevate the charac 
 ter of one, and to depress that of another. Demos 
 thenes made use of all the thunder of his eloquence to 
 drive ^Eschines from Athens, for he could not bear a 
 rival ; and from Cicero s orations, read by us in child 
 hood, we have formed erroneous opinions of Anthony. 
 He was represented by the great orator as not only 
 profligate, but without genius, or eloquence, possessing 
 only brute courage. This was false, for Anthony, 
 with all his profligacy, had a noble nature. The bold 
 attack of Chatham a more justifiable case lessened 
 the weight of the Walpoles, and for more than three 
 quarters of a century, caused them to be misrepresent 
 ed, and their characters misunderstood. It is only 
 within a year or two past that we have fairly seen the 
 truth. History is now beginning to do the Walpoles 
 justice. 
 
 In our time, we have seen these instructed parrots 
 who have been taught to declare this one a god, and 
 another a demon. Not only has the parrot and the 
 mocking-bird been so instructed, but birds also of a 
 less honourable character. The vulture, and the raven, 
 after his kind, have been taught to flap their wings and 
 to croak on the left, to give some political soothsayers 
 an opportunity of returning bad omens to the people, 
 
INTRODUCTION. V 
 
 against the election of certain men to office ; and, even 
 more unkind still, the little songsters whose flight was 
 not high enough to be within the circle of divination, 
 were made to flutter and scream at a particular name. 
 I leave the application of these remarks to my saga 
 cious readers, while I make one or two observations 
 on the inducements I have to write and publish this 
 work. From my earliest view of men and their deeds, 
 I have not unfrequently found that the maxim, " vox 
 populi vox dei, " was only true when that voice had 
 been long considered, often reasoned upon, and patient 
 ly corrected. The first opinions of a people, like 
 those of an individual, require cautious revision. The 
 first sounds from lips that are honest are generally the 
 voice of feeling, not of reasoning. There is hardly a 
 valuable opinion that any man possesses, that has not 
 passed the ordeal of mental examination many times. 
 Knowledge, to be of value, like the fine linen of Egypt, 
 must go through several severe processes, before it is 
 fit for the purchasers. After the tiller of the ground 
 has done his duty, the flax must be pulled, rotted, man 
 gled by the break, scourged by the sharp knife, 
 combed through the hatchel again and again, before it 
 is fit for the distaff, in order to pass to the loom ; and 
 even when woven, must be bleached, before it is used 
 by the tasteful or the fair. The mass of mankind 
 often go through life with crude opinions, hastily form 
 ed, and pertinaciously adhered to, for want of the 
 energy of character necessary to examine them. As 
 long as base coin passes current, no one will assay the 
 metals he possesses for permanent wealth or conve 
 nient currency. The scrutiny only takes place when 
 the fineness of the metal begins to be doubted. Some- 
 
VI INTRODUCTION. 
 
 times, perhaps, there is no advantage in examining too 
 closely. We lose by it frequently. Would the Eng 
 lish gain airy thing if they were to war with the pre 
 judices of their sailors, or endeavour to make them 
 believe that Frenchmen were sailors, as well as Eng 
 lishmen ? Prejudice is a tyrant of no ordinary power ; 
 he reigns long, and with an iron sceptre. 
 
 I have seen, too, that the tyranny of the many was 
 greater than the tyranny of the most powerful and 
 most ill-disposed individual. The single despot may 
 be softened, or his rod broken, while many-headed 
 error grows more hoary every day, and his wizard 
 beard becomes more difficult to pluck. The errors 
 of history are often cured by subsequent historians, 
 but when once an individual is slandered, the slanders 
 last long, and become a part of his name. The ma 
 lignant exaggerate them, the careless repeat them, and 
 some who have put them on paper, believing them at 
 the time, will not be convinced of the truth afterwards ; 
 for it would injure the appearance of their record to 
 correct their statements ; and not a few are like the 
 divine, who was convinced by the German biographer 
 that the sweet poetess, Sappho, never was a courtezan, 
 nor ever took the leap of Lucate, declared that he 
 never would promulgate his belief, as it would spoil 
 one of the best pages in his work on Greece. It re 
 quires but a short life to discover that the opinions of 
 the mass of mankind are incorrect, and that the great 
 er part of our impressions are not exactly honest, for 
 they frequently take their hues from party spirit, in re 
 ligion as well as in politics. Then, too, a writer gets 
 credit for talents and acquirements much sooner by 
 satire, than by eulogy. 
 
INTRODUCTION. Vll 
 
 The sarcastic lines of Pope and Young are remem 
 bered by thousands, when not a hundred can quote 
 the sublimest portions of their higher and sweeter 
 verse. It is the nature of man to love to look at the 
 dark side of things, as well as to form incorrect opin 
 ions of events. They see a persecuted man 
 
 " Through the dim shade his fate casts o er him ; 
 
 A shade that spreads its evening darkness o er 
 His brightest virtues; while it shows his foibles 
 Crowding and obvious as the midnight stars, 
 Which in the sunshine of prosperity 
 Never had been descried. " 
 
 Long before I had any personal acquaintance with 
 the subject of the following memoir, my attention had 
 been directed to him, as among the highest minds of 
 our country ; and I had, too, seen the : baleful effects 
 of party spirit on the minds of mankind. No man 
 can make men his study long, without the discovery 
 of that important truth. The biographer should ex 
 amine all the opinions that have been expressed upon 
 his subject ; and he will almost invariably find, that 
 some are overrated, some underrated, and not a few 
 grossly misrepresented by all parties. When I be 
 came personally acquainted with Colonel Burr, I felt 
 more anxious still to obtain further information in re 
 lation to some passages of his eventful life. 
 
 I had known, also, many acts of noble generosity, 
 in his intercourse with men, and this formed another 
 inducement for me to make inquiries about him. In 
 every inquiry I have made of him, he has given me a 
 manly answer, and, as I firmly believe, such a one as 
 he honestly believed to be true. I would not attempt 
 to defend any man s whole mass of opinions, impres- 
 1* 
 
Vlll INTRODUCTION. 
 
 sions and reasonings, nor acts, and least of all a poli 
 tician s, from childhood to the verge of life ; but, in one 
 word, I can say that I think he has formed as sound 
 opinions of the rise, progress, and administration of our 
 national government, as any one of his compeers ; and 
 I have conversed with many of them upon these mat 
 ters within the last thirty years. The facts stated in 
 this volume are well authenticated by documents in 
 my possession, and from personal conversations. The 
 opinions are such as I have formed by my own 
 reasoning and reflection, and by examining those of 
 judicious men. The late intelligent Major Fairlie, a 
 soldier and scholar, was often heard to say, that Co 
 lonel Burr was the only politician that was never for 
 given by those he once acted with or against* 
 
 Colonel Burr is still living, making his remarks upon 
 men as well as passing events. Some of these I hope 
 to preserve in this short memoir. 
 
 It is necessary that the memoirs of Colonel Burr 
 should be written in his lifetime, as a great portion of 
 his papers were lost with his daughter, on her passage 
 from Charleston, South Carolina, to New- York, to 
 visit her father, who had lately returned from his Eu 
 ropean tour. These papers would have thrown much 
 light on the proceedings in this country, in bringing 
 about the revolution, and in building up our institu 
 tions : for he was always a shrewd observer of men, 
 in and out of power. 
 
 If a man is misrepresented by his biographer while 
 lie is living, the error may be corrected, or a false 
 judgment may be reversed ; whatever is omitted may 
 be supplied, and all redundancies pruned. The best 
 biographies of the distinguished men of all nations, 
 
INTRODUCTION. IX 
 
 have been written by materials furnished by the sub 
 jects themselves or families. From the letters and 
 papers of Washington, and to the conversations of 
 Napoleon, their lives have been written in the most 
 acceptable manner. The accuracy of papers, and the 
 spirit there is in conversation, should be united, to 
 give a just conception of a high-souled portrait. The 
 painter should see the smile, and hear the pleasant 
 remarks of the man whose semblance he wishes to 
 catch, and hand down to posterity. 
 
 If any man, or body of men, shall feel wounded by 
 any remarks which he or they may find in this vo 
 lume, the writer has only to say, that there was no in 
 tention of giving pain to any one, by any thing he 
 might write. He is aware of the impartiality and 
 delicacy requisite in touching upon some passages in 
 the life of Colonel Burr ; but, at the same time, he is 
 also impressed with the opinion that this is the proper 
 time to remove many mountains of prejudice which 
 have been heaped upon the veteran. If in doing jus 
 tice the writer should offend, he must take the respon 
 sibility. Every pen should have a moral courage 
 about it ; (and it generally has, when guided by pure 
 motives ;) but if this virtue should be lost from timidity, 
 the pen should be snatched from the historian, as the 
 soldier s sword is taken from him if he disgraces it by 
 cowardice. 
 
 It is impossible for any writer to satisfy the tastes 
 of all readers : some admire the wonderful, in a life ; 
 others are better pleased with historical events, and 
 their connexion with the subject of the biographer ; 
 some love the facetious, others must have the ravings 
 
INTRODUCTION. 
 
 of the hustings, or the tattle of the social circle, to 
 satisfy them. There is always diversity enough in an 
 eventful life for the judicious, and for them should all 
 things be done, whoever else may read and comment. 
 
LIFE OF COLONEL BURR. 
 
 IP the lives of ordinary men, when fairly written 
 out, are of use and interest to the world, as wise men 
 tell us they are, most certainly the memoir of one who 
 has lived in a momentous period of our national his 
 tory, and borne his part in all the memorable things 
 of his day, must be acceptable to his fellow citizens. 
 Some of the great men of every age and nation have 
 written their own biographies and epitaphs, in order 
 to give the world some facts and opinions which they 
 feared might be overlooked when they were unable 
 to correct errors or state facts. Among those of mo 
 dern times were Franklin, Sir William Jones, Richard 
 Cumberland, and a host of others since they have 
 gone. There are some men who have been too ac 
 tive and busy in life to think of keeping a record of 
 their doings or sayings ; and if some one does not ga 
 ther up the scattered reminiscences of them before 
 their death, which may be corrected by inspection, 
 however cursory, their biographies are, in general, 
 scanty and unsatisfactory. 
 
 When an old statesman and warrior has passed to 
 the confines of life, and all ambition with him is for 
 
12 LIFE OF COLONEL BURR. 
 
 ever gone, he is the best historian of his time, for he 
 gives his narratives without envy or dislike, and cor 
 rects the errors of those who have gone before him, 
 having an opportunity of comparing the different views 
 they have given, and of more distinctly forming his 
 own. It is from the lips of such men, more than from 
 all the volumes in the world, that human nature is to be 
 made known. They have seen the events as they pass 
 ed on, and in this calm hour of the setting sun of life, 
 a thousand reflections, that were hid in the recesses of 
 the mind while actively engaged in the affairs of the 
 world, seem to come forth without bidding, and to 
 speak eloquently of the past. No man in this country 
 has done more, seen more, or said more to the pur 
 pose, than the subject of this short memoir. I have 
 selected those passages for publication in the life of 
 Aaron Burr, which I thought would give his country 
 men the most correct idea of the man, and of his 
 deeds. 
 
 Aaron Burr was born at Newark, in the state of 
 New- Jersey, on the fifth day of February, 1756. He 
 was the son of Aaron Burr, president of Nassau Hall, 
 the only college at that time in New-Jersey. President 
 Burr was a descendant from Jonathan Burr, a clergy 
 man of Roxbury, in the commonwealth of Massachu 
 setts, and colleague of Richard Mather, the father of 
 Increase Mather, and giiandfather of the well-known 
 Cotton Mather, who caused the death of witches, and 
 wrote upon comets, and gave the world wonderful 
 biographical sketches of all those who had worship 
 ped him. 
 
 The ancestor of Colonel Burr was indeed an extra 
 ordinary man. He was a pattern to all his bre- 
 
LIFE OF COLONEL BURR. 13 
 
 thren, in piety, in zeal, and in purity of conduct. 
 He was most fortunate in his biographers, a rare thing 
 in this gossiping world. Winthrop and Mather, in 
 early times, gave the d world some account^of him, wor 
 thy of his virtues, and their pens. In later times the 
 learned and pious Harris, and the indefatigable anti 
 quarian and historian, Savage, have exerted themselves 
 to do justice to this meek and holy man. The eldest 
 son of the elder Burr was graduated at Cambridge, 
 in 1651. He was educated a physician and surgeon, 
 and died of the lake fever, in the expedition against 
 Canada in 1690, being attached to the army in his 
 professional capacity. The father of the subject of 
 this memoir, President Burr, was born in Fairfield, in 
 the state of Connecticut, in 1714, and graduated at 
 Yale College, in 1735. In 1742 he was invited to take 
 charge of the first Presbyterian church in Newark. 
 In 1748 he was elected president of the college of 
 New- Jersey, which was removed from Elizabethtown, 
 just before, to Newark, and which was removed to 
 Princeton in 1757, where it has remained ever since. 
 President Burr was a learned divine, and an eloquent 
 preacher, and held a high character for purity 
 and virtue, as well as for eloquence and fervour in 
 the cause of religion. He continued to preach while 
 engaged in the duties of instruction. He was called 
 to take charge of the college before the first class had 
 graduated. His acceptance of the office made it a 
 popular institution. He was good tempered, apt to 
 teach, an enthusiastic lover of letters, and spread that 
 enthusiasm throughout the whole college. In 1752, 
 President Burr married Easter Edwards, daughter of 
 the celebrated metaphysician, Jonathan Edwards, by 
 
14 LIFE OF COLONEK BURR. 
 
 \vhom he had two children, a daughter, who married 
 Judge Rives, of Connecticut, and the subject of this 
 memoir. The mother was a woman of fine talents, 
 and had received an excellent education in the house 
 of her father, from the extraordinary attention of both 
 her distinguished parents. President Burr was an 
 admirer of genius, oratory, and glowing piety ; and 
 when George Whitfield visited this country for the 
 first time, President Burr received him with open 
 arms, and accompanied him on his tour through New- 
 England, and shared in his labours of love in Connec 
 ticut, Massachusetts, and New-Hampshire, to the 
 great edification of the people. 
 
 By many, President Burr was more admired than 
 Whitfield himself. Among the first pieces of eccle 
 siastical history the writer of this work recollects, is 
 a eulogy pronounced by his grandfather upon these 
 two great preachers, as the good old man remembered 
 them as they passed through the country together. 
 Whitfield was indeed a singular man. He had 
 the zeal in religion that suited the mercurial tempera 
 ment of the New-England people. His figures 
 were all drawn from common life, and went directly 
 to the heart of that primitive race. Every stirring 
 accident, every melancholy death, even every joyous 
 occasion, he turned to his purpose in the great cause 
 of his Master. The good people of that day were 
 full of comparisons ; they likened Whitfield to the 
 mountain torrent, and President Burr to the flowing 
 of his own Connecticut river, as she meandered along 
 through rich meadows, skirted by romantic highlands. 
 One of the most distinguishing traits of our ancestors, 
 was their love of great minds, and their freedom in dis- 
 
LIFE OP COLONEL BURft* 15 
 
 cussing their respective merits. From the first hours 
 of our national existence until the present day, all the 
 talent and virtue of the country has, by common con 
 sent, belonged to the people, and they have spoken of 
 them as they chose ; and if their opinions were not 
 always exactly correct, in general they were pretty 
 fair. President Burr died in J^ST^jnuch lamented by 
 the lovers of letters and religion. It was the fate of 
 Colonel Burr to be deprived of his father and mother, 
 grandfather and grandmother, all before he was three 
 years of age. He was an orphan in the cradle. His 
 maternal uncle was his guardian, and superintended 
 his education ; but guardians, however kind or intel 
 lectual, never form the minds of their wards : this 
 alone can be done by parental care, or by extraordi 
 nary efforts of friendship. In infancy, young Burr was 
 dipped into the waters of knowledge. At the age of 
 eleven years he was prepared for college, but was not 
 permitted to enter so young ; but the next year, by 
 special favour, he was entered. Even at that tender 
 age he was in advance of his class, and had but little 
 to do to keep up with them ; and of course, like other 
 boys, played and laughed much of his time away. 
 Samuel Spring, D. D., late of Newburyport, was in 
 college with Colonel Burr, and, part of their college 
 life, was his chum. The doctor was a student of ma 
 ture age, and had a provisitorial power over Burr in 
 his daily duties. He has often spoken of his young- 
 friend with more than ordinary feeling. He, in fact, 
 prophesied his future genius, from the early proofs he 
 gave of intellectual power in the course of his college 
 life. Young Burr, after frolicking for awhile, saw his 
 error, and seized his book with avidity, and pushed 
 2 
 
16 LIFE OF COLONEL BURR, 
 
 onward to the head of his class, and obtained the 
 highest academic honours the faculty had to bestow. 
 He graduated at the early age of sixteen. His friends 
 intended him for the pulpit, but he was allowed to 
 pursue the charming wanderings of general literature, 
 at Princeton and Elizabethtown, in his native state. 
 Afterwards they sent him to Connecticut, to pursue 
 his theological studies, with Joseph Bellamy, then the 
 most popular preacher and instructor in divinity in 
 that state, renowned for rearing great theologians, 
 Dr. Bellamy had been intimate with young Burr s 
 father and grandfather, and had conceived a high idea 
 of the talents of his pupil. The doctor had stirred up the 
 winds in Connecticut, and his piety, which burned 
 with a holy ardour, seared with a flame every repent 
 ant sinner. No one could withstand him. He was 
 naturally a liberal man, and tested the powers of his 
 scholars by the Socratic method of instruction, taking 
 special care that they should be taught to think as 
 well as to read. His reputation as a preacher, his 
 commanding eloquence, and his celebrity as an author, 
 for he had written well on many subjects, made him 
 irresistible to most minds, and what he advanced was 
 taken for the profoundest philosophy and theology ; 
 but, to his mortification, he failed to inspire the de 
 scendant of the Edwardses and the Burrs with any 
 enthusiasm for his creed. The pupil, with great 
 adroitness, broke in upon the guard and fences of the 
 divine, and proposed such singular questions, and met 
 their ordinary answers with such acuteness, that Bella 
 my soon found that his pupil had a mind that could 
 not be put into the trammels and fetters of the schools, 
 and he intimated to Burr s friends that his residence in 
 his school would be no longer agreeable. The stud* 1 * 1 * 
 
LIFE OF COLONEL BURR. 17 
 
 \vlio had given the sage teacher so much trouble to 
 answer his inquiries, returned to New-Jersey, and 
 while reviewing his classical studies had leisure for 
 other matters. The colonies were at this time agita 
 ted with the great questions of taxation and all the 
 rights of a free people, and the young philosopher 
 seized the opportunity, and read all that could be 
 found on these subjects of constitutional law, in com 
 pany with Matthias Ogden, and others, who had been 
 his college friends. Of Ogden, we shall have, here 
 after, an occasion to speak. Burr s progress. in these 
 grave subjects was great, for to an active mind, he 
 added a youthful ardour, that subdued difficulties with 
 ease ; and every thing conspired to make the young 
 men of that day patriots. As the clouds threatened, 
 and war became apparent to the visions of the politi 
 cal seer, the ardent youths of that age soon caught the 
 forebodings in his prophetic face, and at once turned 
 their attention to the arts of w T ar and military science. 
 Young Burr was not behind any of his peers in the 
 acquisition of this necessary knowledge. He ran 
 sacked history for the description of battles, from Mil- 
 tiades to Wolfe, and if he did not get much of military 
 tactics from the historians, he imbibed no small share 
 of military ardour from contemplating such heroic 
 deeds and godlike actions of great men. When the 
 first act of the great drama of the revolution was 
 opened at Lexington, he was eager to be on the 
 ground that had drank the blood of freemen, but was 
 restrained by his careful guardian from commencing 
 his military career at that time. When the battle of 
 Bunker Hill was announced, and Washington had ac 
 cepted the command of the army, and had repaired to 
 
18 LIFE OF COLONEL BURR. 
 
 Cambridge, young Burr would not be restrained any 
 longer, and, in company of his friend Ogden, he 
 mounted his horse, slung his carbine over his shoulder, 
 and set out for the seat of war. The spirit of liberty 
 was abroad. Thousands of young men voluntarily 
 flocked to head quarters, panting for the fight. Such 
 an hour of enthusiasm may never again return, and 
 should not be forgotten. A large army had been col 
 lected at Cambridge, in the vicinity of Boston a 
 brave and patriotic body of men, accustomed to hard 
 ships, patient of fatigue, and ready to risk their lives 
 in defence of their rights as freemen ; but their disci 
 pline was lax, and the men were idle, probably owing 
 to several causes. One, unquestionably, was the igno 
 rance of a large part of the officers, who had lately 
 been selected for the occasion, and the other an appre 
 hension that too strict a course of discipline would 
 offend those unaccustomed to military or any other 
 restraint. The several corps were not intimately ac 
 quainted with each other, for many years had elapsed 
 since there had been any necessity of their acting to 
 gether. Some jealousies had been excited among 
 these troops, which required the address of all the in 
 telligent officers to counteract. Mr. Burr was then a 
 young volunteer, attached to no particular regiment or 
 company, and had leisure to survey the whole, as well 
 as the parts of the organization of the army. He had 
 come to the seat of war with great expectations, for 
 his imagination was inflamed with the deeds of valour 
 which his countrymen had achieved, and with those 
 in prospect in which he wished to share ; but his mor 
 tification knew no bounds at the want of discipline in 
 the camp. In this state of things, while prophesying 
 
LIFE OF COLONEL BURR. 19 
 
 all the evils which happened in the next summer s 
 campaign, he fell into a slow nervous fever, and was 
 confined to his bed, when he heard it whispered that 
 an expedition to Canada had been determined upon in 
 Congress, by way of the Kennebeck river, through 
 the woods to Quebec. There was something so bold 
 and romantic in this, that it soon had a salutary effect 
 on his disease, and he at once volunteered for the ser 
 vice. This was readily accepted, for although he had 
 been modest and unobtrusive, his talents were known 
 to many, and particularly to General Arnold, to whom 
 the command of the forces destined for this duty had 
 been given. The friends of Mr. Burr took every 
 method to dissuade him from so rash an enterprise, as 
 they deemed it, especially in his state of health ; but 
 all their efforts were unavailing ; he shouldered his gun 
 and marched. The place fixed upon for the embarka 
 tion of the troops was at the town of Newburyport, 
 on the Merrimack, at the distance of forty miles from 
 Boston, and quite out of the range of British observa 
 tion. 
 
 On his arrival at this place, he had some leisure to 
 visit the people, who had been acquainted with his fa 
 ther and grandfather, and took delight in paying at 
 tentions to the youthful soldier, who had relinquished 
 the brightest prospects the country had to offer to su- 
 perior talents, to take up arms in the defence of the 
 cause of freedom. There were, a few years ago, se 
 veral of the inhabitants of Newburyport, and the 
 neighbouring towns, who well remembered his ap 
 pearance, and his spirited conversation upon the great 
 topics which at that time engrossed the attention of 
 every one, 
 2* 
 
20 LIFE OF COLONEL BURR. 
 
 While at Newburyport, his guardian sent two men 
 to conduct the volunteer home. The detachment 
 showed their order, and intimated that they must, 
 however unpleasant the office, do their duty in con 
 ducting him to his guardian. This was met with such 
 coolness and decision of character that, hardy as they 
 were, and they had been selected for their determina 
 tion, they shrunk from the execution of their plan. 
 They then produced a letter from his guardian, full 
 of entreaties and arguments for his return, pointing out 
 the dangers of the enterprise, and the folly of his ad 
 venture ; but he was firm in his purpose, and the men 
 departed, finding that persuasion and threats were 
 alike unavailing. He had determined to take a de 
 cided part in the cause, and to make himself acquaint 
 ed with the duties of a soldier. He thought that it 
 might answer for the aged to stay at home, and urge 
 others onward to the fields of danger, while they 
 remained in safety, but this would not do for him. 
 He was constitutionally as well as morally brave, 
 and fight he must, and fight he would, if there was 
 any fighting to be done. 
 
 He sailed with the expedition, and when they reach 
 ed the headwaters of navigation on the Kennebunk, he 
 shouldered his gun, and shared the hardships of the 
 march. They were six weeks in making their way 
 to Canada, and no army ever suffered more in that 
 time from hunger, wet, and cold, than this daring little 
 band. A portion of the army returned for want of 
 provisions ; but Burr kept on with those determined 
 to reach Canada, if they laid their bones under the 
 walls of Quebec. He did not, however, suffer as 
 much from hunger as others, as he had from child- 
 
LIFE OF COLONEL BURR. 21 
 
 hood brought himself to a most abstemious diet, and 
 therefore felt less from hunger than any one in the 
 camp ; but he saw and commiserated their sufferings, 
 which he had no power to relieve. He has always 
 borne testimony to the fortitude, firmness, and pat 
 riotism of those hardy troops. He gives Arnold no 
 great credit for his part in this extraordinary expedi 
 tion. He was always in advance of the troops, with 
 his Indian guides, and Colonel Burr believes that he 
 did not participate in the sufferings of his soldiers ; for 
 on entering his tent when the troops arrived at Point 
 Levi, he found all the luxuries of tea, coffee, loaf su 
 gar, wine, and other matters of good living, at the 
 table of the commander in chief of the expedition. 
 There can be no more doubt of Arnold s selfishness, 
 and love of self indulgence, than there can be of his 
 bravery. 
 
 On one of the rivers which fall into the St. Law 
 rence, Burr was in a boat with several of his friends, 
 and some soldiers, in a rapid current ; they observed 
 men on the banks of the river making most animated 
 signs to those in their boat, but which they did not 
 understand, and kept on, until at length they had no 
 choice in the matter, for they were precipitated over 
 a fall of more than twenty feet. Their baggage was 
 all lost, one man was drowned, and the others reached 
 the shore with no small difficulty. It was on a cold 
 day. This he met as only an incident in the life of a 
 soldier, who must expect to suffer, and if he escapes 
 with life, must be thankful. 
 
 When the troops reached the point of St. Levi, it 
 was necessary to make Montgomery, who, with his 
 
22 LIFE OF COLONEL BURR. 
 
 army, was at Montreal, acquainted with the fact ; and 
 Burr was selected as the messenger on this expedi 
 tion. He knew something of the French language, 
 and his Latin was all fresh from the school. Assum 
 ing the garb of a young priest of the Catholic church, 
 he commenced his journey. He knew that the priests 
 of this order had never been reconciled to the treaty 
 of 1763, and were ready to do any thing that would 
 not commit themselves, to aid the colonists in getting 
 possession of the country. He made himself known 
 to the priests by his French and Latin, and was guid 
 ed by them from one religious house to another, in per 
 fect good faith. He had to conceal himself a few 
 days, from a rumour that a messenger was on his 
 way from Arnold to join Montgomery. The rumour 
 blew over, and he proceeded in safety to Montgome 
 ry s camp. For this service he was made an aid to 
 that general, and entered fully into Jiis feelings and 
 his fame. At the suggestions of the young soldier, the 
 general gave him fifty men for extraordinary service. 
 These he formed into a company, and causing them 
 to make ladders that would reach the highest parts of 
 the wall which surrounded the city of Quebec, he 
 exercised them every day in some remote place, to 
 prepare them to scale the walls when required. At 
 length he fixed on his spot, the farthest from the 
 citadel, for a trial of his plan ; but the general had 
 shrewd fears of the success of such an underta 
 king. On the day of the attack, a feint was made 
 at the very place Burr had fixed on, and it was near 
 ly an hour before the besieged took the alarm at 
 this point ; which proves the wisdom of the plan. 
 
LIFE OF COLONEL BURR. 23 
 
 Burr had for several nights perambulated the walls, 
 and knew where to commence his operations, when 
 he should be permitted so to do ; but such a course, 
 on the whole, was too much out of the regular rou 
 tine of military manoeuvres at that day, to be pre 
 cisely in taste with a commander bred in a regular 
 military school, as Montgomery was. Early in the 
 morning of the last day of the year 1775, the attack 
 on Quebec was made. Two feigned attacks were 
 made on the upper town by Majors Brown and Li 
 vingston ; by two other divisions under Mongomery 
 and Arnold. The several divisions moved to the as 
 sault jn the midst of a heavy fall of snow, which in 
 that region makes an almost impenetrable screen for 
 those at a short distance. The enemy, in the storm, 
 could not see their assailants until they were within 
 a few rods of them. Montgomery, at the head of the 
 New- York troops, advanced along the St. Lawrence 
 by Aunce de Mere, under Cape Diamond. The first 
 barrier on this side to be surmounted was defended 
 by a battery, in which were mounted a few pieces 
 of artillery, and in front of which were a block-house 
 and picket. The troops at the block house made a 
 few random fires, and then threw down their arms in 
 consternation, and fled to the barrier ; and for a time 
 this battery was entirely deserted. Great masses of ice, 
 thrown up by the previous higher elevation of the wa 
 ters of the river, for a while impeded the progress of the 
 American troops, but who, pressing into a narrow de 
 file, pushed on to the block-house and picket. Montgo 
 mery, who was in front, assisted in cutting down or in 
 pulling up the pickets, and advanced most boldly and 
 rapidly, at the head of about two hundred men, to 
 
24 LIFE OF COLONEL BURR. 
 
 force the barrier. By this time, one or two soldiers 
 of the enemy had ventured to return to the battery, 
 and seizing a[match, discharged one of the guns. The 
 Americans were within forty paces of the piece. Se 
 veral persons were killed on the spot ; General Mont 
 gomery, Captain M Pherson, his aid, and Captain 
 Cheeseman, a sergeant and private were among them. 
 Major Burr was within six feet of Montgomery when 
 he fell. The major now assumed the command, 
 and called on Colonel Campbell to aid him. This 
 the colonel refused, any further than to make a precipi 
 tate retreat with the division. Colonel Burr, always 
 speaks of M Pherson, who fell by his side, as one of the 
 most accomplished and gallant officers he ever knew. 
 His education was of a high order ; to letters he add 
 ed science, and had acquired by travel a good know 
 ledge of the world. He had espoused the cause of 
 liberty with enthusiasm, and if he had lived would, 
 undoubtedly, have been an ornament, not only to the 
 army, but to his country also. In the mean time, Co 
 lonel Arnold, at the head of his corps, consisting of 
 about 350, made a bold attack on the opposite side of 
 the city. Advancing along the St. Charles, with his 
 natural intrepidity, he was wounded in the leg by a 
 musket ball, and was carried from the field of battle. 
 Morgan, at the head of his Virginia riflemen, now 
 took the command. The barricade was mounted by 
 ladders, when the battery was instantly deserted. 
 The captain of the guard, and his men, were made 
 prisoners. The snow still fell abundantly, and the 
 morning was dark. Morgan formed his men ; but 
 as he knew but little of the map of the city, and was, 
 without a guide, he thought it unadvisable to pro-, 
 
LIFE OF COLONEL BURR. 25 
 
 ceed. While in this situation, he was joined by Lieute 
 nant Colonel Green and Majors Bigelow and Meigs, 
 with the remnants of several companies that had been 
 dragged through the wilderness ; but the whole body 
 did not amount to more than 350 men, but no braver 
 men were ever found on any battle-field. A s soon as they 
 could fairly see, they were formed ; but after a fierce 
 engagement, which lasted three hours, in which many 
 on both sides were slain ; their retreat being cut ofF, 
 they surrendered themselves prisoners of war. And 
 although from Carleton they expected every indigni 
 ty, they were kindly treated. The sick were attend 
 ed by the best of physicians and surgeons, and many 
 of those supposed to have been mortally wounded 
 were cured, and returned in safety to their friends. 
 Some of these prisoners were so penetrated with grati 
 tude at such kind treatment, that they called their 
 sons, in after times, Guy Carleton, in honour of his 
 name. The feelings that existed between Montgome 
 ry and Carleton previous to the assault on the city, 
 may be understood by Montgomery s letter to Carle- 
 ton, twenty- five days before the battle. This shows 
 a high degree of excitement on the part of theAmeri- 
 can commander. 
 
 Copy of General Montgomery s last Letter to General 
 Carleton. 
 
 " Holland House, December 6, 1775. 
 " SIR, 
 
 "Notwithstanding the personal ill treatment I 
 have received at your hands, notwithstanding the 
 cruelty you have shown to the unhappy prisoners you 
 
26 LIFE OF COLONEL BURR. 
 
 have taken, the feelings of humanity induce me to 
 have recourse to this expedient, to save you from the 
 destruction that hangs over your wretched garrison. 
 Give me leave to inform you, that I am well acquaint 
 ed with your situation : a great extent of works, in 
 their nature incapable of defence, manned with a mot 
 ley crew of sailors, most of them our friends and citi 
 zens, who wish to see us within their walls ; a few of 
 the worst troops that call themselves soldiers, the 
 impossibility of relief, and the certain prospect of 
 wanting every necessary of life should your oppo 
 nents confine their operations to a single blockade, 
 point out the absurdity of resistance. Such is your 
 situation. 
 
 " I am at the head of troops accustomed to success, 
 confident of the righteous cause they are engaged in, 
 inured to danger and fatigue, and so highly incensed 
 at your inhumanity, illiberal abuse, and the ungene 
 rous means employed to prejudice them in the minds 
 of the Canadians, that it is with difficulty I re 
 strain them till my batteries are ready, from assaulting 
 your works, which would afford them the fair oppor 
 tunity of ample vengeance and just retaliation. Firing 
 upon a flag of truce, hitherto unprecedented, even 
 among savages, prevents my following the ordinary 
 mode of conveying my sentiments ; however, I will, 
 at any rate, acquit my conscience. Should you per 
 sist in an unwarrantable defence, the consequence be 
 upon your own head. Beware of destroying stores 
 of any sort, public or private, as you did at Montreal, 
 or on the river : if you do, by Heaven, there will be 
 no mercy shown."* 
 
 * From Mrs. Warren s History of the American Revolution. 
 
LIFE OF COLONEL BURK. 27 
 
 History has been contradictory in regard to the 
 treatment of the body of Montgomery. Mrs. War 
 ren, the historian of the American revolution, has sta 
 ted, that the body of Montgomery was treated with 
 great indignity, having been thrown on a sledge, with 
 out a coffin, and conveyed to a burial place ; and 
 adds, that by the persuasion of a lady, who afterwards 
 married the Lieutenant Governor of Quebec, the 
 body was taken up, and again interred in a rough cof 
 fin, but without any particular marks of respect, and 
 that the other officers who fell, were indiscriminately 
 thrown, with their clothes on, into the same grave 
 with their soldiers. This account she had from an 
 American officer, from Captain Dearborn, afterwards 
 Major Dearborn, of the continental army, and in later 
 times, secretary at war for the United States, and a 
 major general in the second contest with Great Bri 
 tain. On the other hand, Dr. Holmes, in his Ameri 
 can Annals, the very best authority, in most cases, 
 that can be had in our history, says, " that all enmity 
 to Montgomery, on the part of the British, ceased 
 with his life ; and respect to his private character 
 prevailed over all other considerations. His body 
 was taken up the next day. An elegant coffin was 
 prepared, and he was afterward decently interred." In 
 conversing upon this topic with the subject of these 
 memoirs, he says, that the first rumour, which Mrs. 
 Warren has stated, was the one that was prevalent 
 among the prisoners, who could not get any thing be 
 yond hearsay, and that of but little credit ; and the lat 
 ter was told by the friends of Carleton, who wished to 
 make as favourable an impression of him as possible. 
 From all he could gather at the time, he believes that 
 3 
 
28 LIFE OF COLONEL BURR. 
 
 Montgomery was buried with that decency and re 
 spect which belonged to the remains of a captain, the 
 highest rank that Carleton could consider Montgome 
 ry as ever having held in the British service. His 
 provincial rank of course could not be acknowledg 
 ed by an officer of his majesty s army. 
 
 The failure of the great objects of this expedition 
 was regretted by the nation, and contemplated as a 
 subject of mortification by those of that army who sur 
 vived the conflict, and not one of them was more cha 
 grined at the bad luck of the enterprise than Major 
 Burr ; but the historian of the present day does not 
 so consider it. The daring attempt excited the won 
 der of nations ; and enough was effected to show what 
 such men would be capable of doing when they had 
 learned wisdom by experience. If England had been 
 mortified by the loss of Quebec, wrested from her by 
 a handful of revolutionists, the utmost exertion would 
 have been made to recover it ; and having the com 
 mand of the St. Lawrence, they could have made it 
 difficult for the American army to have sustained it 
 self in Quebec. If they could have held it, a still 
 greater force than did arrive the next year would 
 have taken possession of our sea-board, and committed 
 greater ravages than they did ; and if Canada had 
 been closed to the British, our armies would not have 
 had an opportunity of encircling Burgoyne, and fight- 
 ing"a regular force to so much advantage as we did 
 that under him from Canada. 
 
 The battles of Lexington and Bunker-hill awakened 
 the martial spirit of the country, and taught the peo 
 ple something of war ; but it required such a hazard 
 ous campaign as that of Canada, to give our officers 
 
LIFE OF COLONEL BURR. 29 
 
 a knowledge of military tactics. The old soldiers had a 
 little too much of systematic warfare for the character 
 of our people, and the situation of our country, and 
 the new ones had not enough. Both acquired much 
 information in the campaign, as ^disastrous as they 
 considered it. 
 
 Montgomery, a gallant and regular officer, had 
 fallen. He had been regarded as one of the most pro 
 mising of the generals in the American service ; but 
 the blood of the brave is necessary at times to rouse a 
 country s feelings, and to infuse a martial ardour 
 throughout an army. The shades of Warren and 
 Montgomery were invoked by every recruiting offi 
 cer in the spring of 1776. The pulpits teemed with 
 their virtues, and even holy men compared the mar 
 tyrs of freedom to the martyrs of the church. In the 
 halls of congress their names were mentioned with 
 profound reverence. Monuments were ordered to 
 be erected to their memories, and the best scholars of 
 that body were set about writing epitaphs for those 
 heroes, to transmit their names and virtues, as exam 
 ples truly worthy of imitation. Every man under 
 stands a sacrifice, but few the force of a principle. The 
 blood of those who fell on the 5th of March, 1770, in 
 the streets of Boston, had more influence in ripening 
 the fruits of patriotism than all the previous acts of po 
 litical oppression. The acts, as long as they were on 
 paper, were not understood by all ; nor directly felt 
 by all : but a bleeding corse and funeral obsequies 
 are subjects of eye and ear, and of feeling to all ; they 
 are painted in the imagination, ancl long keep posses 
 sion of the heart. Lucius Junius Brutus did not make 
 more of the blood of Lucretia, than Warren and other 
 
SO LIFE OF COLONEL BURR. 
 
 orators of the revolution did with the deaths of Mave 
 rick, Gray, Caldwell and A tucks, and the wounds of 
 Monk. The most impassioned changes were ringing 
 upon those events until the cause of freedom was safe. 
 
 The forces under the command of Arnold were all 
 volunteers, and of course it might be expected that 
 they were brave men. They were fully aware of the 
 difficulties of penetrating the wilderness at such a dis 
 tance, but this did not appal them. It was too late 
 in the year when they commenced their march. At 
 that time, however, the Indian summer, a pleasant 
 season of our climate, made the first part of the way 
 cheerful ; but soon the autumnal rains began to fall, 
 and the exposure to them was fatal to many of the 
 officers and soldiers, and others who recovered suffer 
 ed much. 
 
 In this little army there were many who afterward 
 earned a glorious reputation. History, we trust, will 
 do justice to all of them. A few of them are fresh in 
 our recollection. Major Return Jonathan Meigs, a 
 name that bears no affinity with the names of the 
 heroes of the classical ages, but which a reputation 
 per se, was living in Connecticut when the revolution 
 ary war broke out, and on hearing of the battle of 
 Lexington, marched with his company to head 
 quarters. 
 
 When this expedition was fixed upon, he, with the 
 rank of major, engaged in it. He was an enterprising 
 man, intelligent and cautious as brave and perse 
 vering, and every way fitted for the occasion. In this 
 adventure he gained imperishable laurels, which were 
 not tarnished by any after conduct. When exchang 
 ed, he was made a Colonel, and engaged heart and 
 
LIFE OP COLONEL BURR. 31 
 
 mind in the warfare. He conducted an expedition to 
 Long Island, in 1777, which redounded to his honour 
 as a man of bravery and intelligence. In 1779, under 
 Wayne, he was distinguished at Stony Point, and for 
 these actions received the notice of congress. In the 
 whole conflict he was consi dered as a man of the 
 highest character and prowess, and at the close of it 
 received the acknowledgment of Washington, that he 
 deserved his country s rewards and* honours. When 
 the storm of war was passed, he was not satisfied with 
 living in the old and thickly settled part of the country 
 in which he was born, but emigrated to the West, 
 then a new world. There he became a lawgiver in 
 the forest, fixing his own regulations for emigrants on 
 the trees at the crossing paths in the forest, which 
 were obeyed with more than the ordinary regard paid 
 to the most solemnly enacted laws. His was a code 
 of the most equitable kind, without discrimination of 
 parties or classes. The spirit of the pioneer, the 
 honour of the soldier, and the sagacity of the states 
 man were discovered in them. There was no party in 
 his creed, nor in his code of laws. All were tinged 
 with the wildness of primitive man, and the feelings of 
 well-intentioned patriots. Such men have an influ 
 ence in forming society that can hardly be realized by 
 those who live in the cities and towns in a dense popu 
 lation. Colonel Meigs published his journal, kept in 
 the Canada campaign, from which much that is to be 
 found in the general history of that march through the 
 wilderness was taken. He lived to a good old age ; 
 and many travellers in the West often went miles out 
 of their way to collect anecdotes of the revolutionary 
 war and of Indian fights. 
 3* 
 
32 LIFE OF COLONEL BURR. 
 
 Colonel Timothy Bigelow, of Massachusetts, was a 
 captain in this expedition. He was a zealous, intelli 
 gent, brave officer, and a patriot of the purest cast. 
 He risked life and property in the cause of his 
 country. His son was a distinguished statesman, 
 many years speaker of the House of Representatives 
 in the Legislature of Massachusetts, and his grand 
 children are conspicuous members of society. 
 
 Colonel Green, of Rhode Island, was in the expedi 
 tion, and was second in command. The officers and 
 soldiers of that state were among the best that Wash 
 ington ever had under his command. 
 
 Major General Dearborn, of the war of 1812, was 
 a captain with Arnold, His men suffered more than 
 any of the others by the want of provisions, having 
 lost a part of their share after the scanty relics were 
 divided. Dearborn was taken ill of a fever, and left 
 in a log hut for many days, his men not expecting that 
 he would ever be restored to them ; but his sound con 
 stitution prevailed over the disease, and he joined the 
 forces before the attack on the city. 
 
 General Morgan, afterwards the hero of the battle 
 of the Cowpens, was in that expedition also. He was 
 accustomed to the woods, and had a strong constitu 
 tion, in a giant frame. 
 
 The Rhode Island troops were distinguished in this 
 enterprise. We take an account of Major, afterwards 
 Colonel Ward, who was in this enterprise, from Dr. 
 Francis life of Colonel Ward, to be found in Knapp s 
 American Biography. The doctor has sketched the 
 incidents in the life of his subject with truth and graphic 
 elegance. 
 
 Colonel Samuel Ward, son of Governor Samuel 
 
LIFE OF COLONEL BURR. 33 
 
 Ward, was born at East Greenwich, Rhode Island, on 
 the 17th of November, 1756. He was the second of 
 five sons. After the usual preliminary studies, most of 
 which he prosecuted under the care of his accomplish 
 ed and excellent father, he was admitted a student of 
 Rhode Island College, now called Brown University, 
 then under the presidency of Dr. Manning, and receiv 
 ed the honours of the institution before he had arrived 
 at his fifteenth year; and thus, at a period of life when 
 most young men are but commencing the business of 
 existence, we find young Ward ready to embark in 
 the perilous contest then about to ensue. Born at 
 a period which seems to have been particularly assign 
 ed for the discussion of civil and political rights, he 
 was early imbued with the principles of republicanism. 
 " These Colonies are destined to an early independence, 
 and you will live to see my words verified" was the re 
 corded declaration of his father, Governor Samuel 
 Ward, as early as the year 1 766 ; a prophecy which 
 was fulfilled ten years after by the Declaration. With 
 such pupilage, and such principles, the lessons of free 
 dom could not be lost on an .obedient and deserving 
 son. Accordingly, Col. Ward was enrolled in the 
 volunteer company instituted for the purposes of mili 
 tary instruction in Rhode Island, and denominated the 
 " Kentish Guards" in 1774. It was to this company 
 that the American army owed some of its brightest 
 ornaments : Flagg, Thayer, Olney, and the two 
 Greenes ; 
 
 Scipiados 
 
 duo fulmina belli." 
 
 On the breaking out of the war, Colonel Ward was 
 
34 LIFE OF COLONEL BURR. 
 
 appointed a captain in the Rhode Island army of ob 
 servation, at the early age of eighteen years, and in 
 that capacity joined the camp at Cambridge ; nor was 
 it long before an opportunity offered to test the mettle 
 and the fortitude of the most daring and enterprising 
 spirits there assembled. In September, 1775, General 
 Arnold was invested with the command of eleven 
 hundred volunteers, destined to penetrate to Quebec, 
 through an unexplored, wilderness, and by the route 
 of the Kennebeck river. Captain Ward shared the 
 honours and the perils of that magnanimous enterprise. 
 The annals of the revolution furnish nothing more 
 heroic than this early essay of American courage. 
 Honourably as it has been commended in history, its 
 difficulties, dangers, and privations can never be suffi 
 ciently appreciated. We read of the passage of the 
 Alps, in ancient and modern story, with a just senti 
 ment of admiration : yet, is it not certain, that the pri 
 vations if not the difficulties of those enterprises were 
 far supassed in the expedition of Arnold ? Their 
 batteaux (we are told) had to be dragged by the sol 
 diers over water-falls, -portages and rapid streams ; 
 and such part of the march as was not aided by rivers, 
 was performed, for a distance of more than 300 miles, 
 through thick woods, over lofty mountains and deep 
 morasses. A part of the detachment actually aban 
 doned the undertaking, and returned to Cambridge to 
 avoid starvation. Captain Ward was one of those 
 who persevered, and who (after subsisting upon dogs 
 and reptiles, and devouring their very cartridge boxes 
 and shoes to appease the torments of hunger) arrived 
 before Quebec in the month of December, 1775. He 
 was present at the attack of the city by escalade ; 
 
LIFE OF COLONEL BURR. 35 
 
 when, sharing in the misfortunes, as he had in the pri 
 vations and the honours of the expedition, he was 
 made prisoner, with the principal part of the detach 
 ment. In 1776 he was exchanged as a prisoner, and 
 in 1777 was commissioned as a major in Colonel 
 Christopher Greene s regiment of the Rhode Island 
 line of the continental army, and in that capacity was 
 present, that year, and co-operated in the defence of 
 the fort at the Red-bank, upon the Delaware, when it 
 was attempted to be stormed by the Hessians, under 
 Count Donop, on the 22d of October. In 1778, Colonel 
 Ward had the honour to participate in the military 
 operations of Generals Greene, Lafayette and Sulli 
 van, in his native state. In the celebrated retreat from 
 Rhode Island, he commanded a regiment, although he 
 was not commissioned as Lieutenant Colonel until the 
 next year. From 1779 to 1781 he shared in the ope 
 rations of General Washington s army in the Jerseys, 
 and (if we are not misinformed) was present at the 
 defence of the bridge at Springfield, by a part of the 
 Rhode Island line, against the Hessian General Knyp- 
 hausen, in June, 1780, 
 
 At the termination of the war he participated in the 
 glorious self-denial manifested by the officers of the 
 patriot army, and returned to the peaceful occupations 
 of a citizen, with the same ease as he had made arms 
 his profession seven years before. Then was witness 
 ed a spectacle far more magnanimous and imposing 
 than the achievements of Bennington, Yorktown, or 
 Saratoga : Washington to his farm ; Knox to his 
 merchandise ; Hamilton to the peaceful study of the 
 municipal law : unpensioned, unrewarded, saving by 
 the honour and applause of their countrymen ! 
 
36 LIFE OP COLONEL BURR. 
 
 The subject of these remarks now began the world 
 as a citizen, in the business of a merchant ; and, as 
 enterprise had previously marked his character, so it 
 continued to display itself in his subsequent life. 
 Colonel Ward was an adventurer in the first vessel 
 that bore the new republican flag to the China seas. 
 He made a voyage from Providence to Canton in the 
 spring of 1 783. Upon his return to his native country, 
 he established himself as a merchant in the city of 
 New- York, where his probity, frugality, and attention 
 to business, soon gave success to his enterprise. He 
 was not, however, exempt from the vicissitudes of 
 fortune, incident to commerce ; and a season of dis 
 aster forced him to make a voyage to Europe, for the 
 purpose of accommodating his affairs. And in the 
 subsequent adjustment of his business, he evinced 
 throughout, the strictest integrity and honour; no one 
 ever having cause to regret the sacrifice of a farthing 
 of loss. Nor was his observing eye unemployed in 
 the contemplation of human society as there exhibited. 
 In after life, his conversation, at all times interesting, 
 was rendered peculiarly attractive to all who enjoyed 
 an intimacy with him, by the discrimination with which 
 he commented upon what he had seen and met with 
 abroad. The politics and the military operations of 
 the revolution shared also among the topics that were 
 most agreeable to his mind ; but rarely, if ever, did he 
 allude to the actions in which himself had borne a part. 
 That modesty, which was so particularly striking in 
 the military men of the revolution, made an essential 
 part of his character : this virtue of Washington was 
 too deeply impressed upon the character of those who 
 stood around him, for ever to be effaced : " nemo ddere 
 
LIFE OF COLONEL BURR. 37 
 
 possit, aut divettere, qui totam statuam non immi- 
 nuerit." 
 
 On his return from Europe, Colonel Ward establish 
 ed himself on a farm at East Greenwich, where he 
 lived to see his children educated to usefulness around 
 him ; and as several of these had embarked in business 
 at New- York, he was induced, about sixteen years 
 since, (in order to be nearer to them,) to remove to 
 the neighbourhood of that city. Accordingly, he dis 
 posed of his farm at East Greenwich, and purchased 
 one at Jamaica, Long Island. There he lived in the 
 midst of his family and friends, in the full enjoyment 
 of peace, of filial love, and of honour. In early life, he 
 had married a daughter of William Greene, Esq., 
 Governor of Rhode Island, thereby connecting himself 
 by a double relationship with the eminent soldiers of 
 that name. This excellent woman he survived but a 
 short time. Upon her death he began to feel the ne 
 cessity of an entire abstraction from business and the 
 cares of life, and accordingly removed to the city of 
 New- York. Here, surrounded by his children, he 
 continued a patriarch amongst them, whose look was 
 wisdom and whose word was law. Blessed with a 
 vigorous constitution, it was to have been hoped that 
 death would have delayed his summons, even at his 
 advanced age. But " in the midst of life we are in 
 death !" the insatiate archer came, but found not his 
 victim unprepared. A philosopher from principle, and 
 a moralist from habit as well as reflection, "constans 
 et libers fatum excepit" and joined his glorious com 
 peers beyond the grave ! 
 
 It has sometimes been the subject of regret, that one 
 who, like Colonel Ward, so well practically knew the 
 
38 LIFE OF COLONEL BURR. 
 
 story of our revolutionary struggle, did not commit to 
 an enduring record the interesting facts which he pos 
 sessed. Colonel W. was averse to writing ; and it was 
 only in the circle of his most intimate friends, that he 
 ever alluded to the times that tried men s souls. His 
 mind was of a superior order, richly stored with histo 
 rical details. His classical attainments, which he 
 cultivated through his whole life with increased grati 
 fication and delight, and his strict regard for truth, 
 would have enabled him to furnish a memorial of 
 singular advantage to the future historians of his 
 country. Colonel Ward died at his residence in the 
 city of New- York, on the 16th of August, 1832. He 
 was rarely subjected to the trials of severe sickness. He 
 continued in active exercise until some few days pre 
 vious to his fatal illness, when he w r as seized with an 
 acute bilious attack. He soon foresaw the issue, and 
 after a short illness, surrounded by his sympathizing 
 family, closed a life of usefulness and honour, in the 
 76th year of his age. He had survived for many years 
 as the oldest graduate of his college. His remains 
 were followed to their place of interment, in St. 
 Thomas Church, by his friends and the surviving 
 members of the venerable society of the Cincinnati, 
 who bore public testimony to his worth as a man, and 
 his services as a soldier. 
 
 Boston was evacuated on the 17th of March, 1776 ; 
 but previous to that period General Washington had 
 sent a force under General Lee to put the city of 
 New- York and Long Island into a state of defence. 
 Washington followed soon after the evacuation of 
 Boston, and fixed his head quarters at New- York. 
 The British land and sea forces were not in readiness 
 
LIFE OF COLONEL BURR. 39 
 
 to act until late in the summer. On the 2d day of 
 August, 1776, they made their first attempt on Long 
 Island. Their forces amounted to 24,000 ; the 
 American troops to about 15,000, suddenly raised 
 and wretchedly disciplined. General Green was with 
 them ; but two days before the battle of Long Island, 
 he left the camp, from ill health, and General Putnam 
 took his place. Major Burr was at that time the aid 
 of General Putnam. As soon as Putnam was ordered 
 to his command, his aid, Major Burr, at once inspect 
 ed the troops under him, and reported that they were 
 destitute of discipline, badly armed, and, in his opi 
 nion, so unfit for battle, that it would be madness to 
 risk one ; and the battle of the 27th of the same month 
 proved him to be a true prophet ; or perhaps it re 
 quired only a little military sagacity to foretell the 
 event of a fight between veteran soldiers and such un 
 prepared forces. The whole campaign, with a few 
 splendid exceptions, was one of military blunders and 
 bloody disasters. The retreat of our troops from 
 Long Island, where they never should have been, was 
 a fortunate, well-conducted affair, and reflected ho 
 nour on the commander in chief. The darkness of 
 night, increased by a fog, offered a propitious moment, 
 which was happily seized by a beaten army to escape 
 from their pursuers. Sullivan evinced courage and 
 skill, but it was all unavailing. Some of the corps 
 made most brilliant displays of prowess. Colonel 
 Smallwood, with about 400 of his regiment, made se 
 veral charges, to dislodge Cornwallis from a very 
 strong position ; but being attacked on the rear by 
 General Grant, he was at length obliged to surrender. 
 He might have said with Francis I., as it regarded 
 
40 LIFE OF COLONEL BURR. 
 
 his own men, after the battle of Pa via, " we have lost 
 every thing but our honour." 
 
 Soon after the success of the British on Long Island r 
 they made preparations for attacking the city of New- 
 York ; and when it became a question how far it was 
 practicable to defend the city with such troops as the 
 American army consisted of, against veteran soldiers, 
 aided by a powerful fleet, Major Burr was one of 
 those who thought it next to madness to attempt it. 
 He was opposed to what was called the middle course, 
 which was at first agreed on. Five thousand men 
 were in the city, nine thousand were to be stationed 
 at Harlaem, and the residue of the army was to oc 
 cupy the space between these forces. Major Burr 
 spoke his mind freely on this subject; a second 
 council of war came to his opinion, and a retreat was 
 agreed upon ; but not until the British troops had com 
 menced an attack on them. The retreat was one of 
 confusion, and without military skill in general. A 
 force under General Knox had possession of a small 
 fort on an eminence in the city, called Bunker Hill. 
 The hill has since been levelled to the adjoining sur 
 face. It was situated near where Grand-street now 
 is. Those of middle [age at this day remember if; 
 but the origin of the name I have not been able to 
 trace. Knox was determined at first to defend him 
 self in this fort, forgetting how weak it was, having 
 neither a supply of water, nor a bomb-proof maga 
 zine. Major Burr, being sent back at his own request, 
 by General Putnam, to pick up those who knew not 
 what to do, rode up to this fort, and warned the troops 
 of their danger. They were unwilling to retreat, as 
 General Knox thought he could defend himself. Ma- 
 
LIFE OF COLONEL BURR. 41 
 
 jor Burr, who had established his reputation both for 
 courage and military skill, insisted, that the fort could 
 not stand an attack of ten minutes, if a few pieces of 
 artillery were brought to bear upon it ; and offering 
 to conduct their retreat himself, the men followed him 
 after a few minutes consultation. He knew the ground, 
 and the best methods to avoid the enemy. They met 
 with some resistance, but fought their way to the main 
 army with only a small loss. Many of the men who 
 were in that party have often said, that they should 
 have been prisoners in one hour if Major Burr had not 
 appeared and assumed the direction from General 
 Putnam. 
 
 The next day after the retreat from the city, a con 
 siderable body of the enemy appearing on the plains 
 between the two camps, Washington ordered Colonel 
 Knowlton, with his well-disciplined Connecticut regi 
 ment, and Major Leitch, with three companies of Vir 
 ginia riflemen, to get into the rear of the enemy, while 
 a disposition was shown to attack them in front. This 
 stratagem succeeded, and a battle followed, Knowl 
 ton fought with great spirit and bravery a much larger 
 number than he had in command. In this noble strife 
 Knowlton fell, and Leitch was mortally wounded. 
 Knowlton had been a captain, with a large company of 
 fine fellows, in the battle of Bunker Hill, on the 17th of 
 June the year before, and was most singularly distin 
 guished in that memorable fight. His company was on 
 the extreme left, near Mystic river, and after the Ameri 
 cans had retreated from the right, in the redoubt and 
 breast-work, towards Charlestown Neck, he covered 
 the retreat by a skilful movement on the British force, 
 who, in the eagerness of the pursuit, were in great dis- 
 
42 LIFE OP COLONEL BURR. 
 
 order, and who were successfully checked by about a 
 hundred men. Such is the power of discipline with 
 bravery. The fall of Knowlton was noticed by Wash 
 ington, in his next day s order to the army, with no 
 common eulogy. Major Burr witnessed his last no 
 ble effort for his country, and from an intimate ac 
 quaintance with him as an officer, has often been heard 
 to say, that Knowlton was born a general. Major 
 Leitch was almost idolized by his rifle corps, but no 
 historian has as yet done him justice. 
 
 Major Burr advocated an abandonment of Fort 
 Washington, and this opinion was supported by Gene 
 ral Lee ; but without avail. Nearly three thousand 
 troops were left to defend the fort ; but on the 16th 
 day of November, 1776, it was taken by the British, 
 It was bravely defended, and those who fell were more 
 fortunate than those who survived. Between two and 
 three thousand persons were thrown into sugar houses, 
 used as prisons, into jails and prison ships, and not 
 treated as prisoners of war, but as rebels of the most 
 infamous character. The recital of these cruelties, af 
 ter fifty-seven years, never fails to fill the soul with in 
 dignation and rage. The Jersey prison ship is a word 
 at this hour of terrible import, second only to the 
 black hole in Calcutta. Those who survived, - after 
 suffering many tnonths with small pox, hunger, scur 
 vy, and almost every loathsome disease in the cata 
 logue of the ills of the human race, were sent home 
 to strike terror into the minds of the people ; but the 
 English misunderstood the genius of the nation they 
 were sent to subdue. Resentment, that knew not 
 bounds, filled the bosoms of all sorts of men, at behold 
 ing their fathers, brothers, and friends such objects of 
 
LIFE OF COLONEL BURR. 43 
 
 pity and disgust. At this sight they mentally swore 
 to avenge the wrongs of their kindred : and they did. 
 The very last year, the writer met in Wall-street an 
 eastern gentleman, Captain Sewell Tappan, of New- 
 buryport, in the state of Massachusetts. He was for 
 many months, when a boy, confined in the Jersey pri 
 son ship, and had that day been to visit the place where 
 she had been moored on the Long Island shore. The 
 spot he pointed out to me. I proceeded to make 
 some inquiries of him, but his emotions were too strong 
 for utterance. The tear stood in his eye, and his whole 
 frame shook as at some recent calamity. This vete 
 ran was a man of principle, of firmness, and intelli 
 gence, who had seen and suffered much in his day, 
 but this scene seemed to fill his whole soul, although 
 more than half a century had elapsed since his suffer 
 ings had ended. 
 
 The military disasters of this campaign set most 
 of the officers to thinking that an army was good 
 for nothing without discipline, and the events of the 
 battles of Trenton and Princeton proved that the 
 lessons taught by misfortune and disaster had had their 
 salutary effects. 
 
 Major Burr had now, although a beardless youth, 
 become known to all the officers of the army, and his 
 praises were on every tongue. They saw that in him 
 were united great intelligence and penetration, and a 
 high moral and physical courage, with a lofty sense of 
 duty, and a readiness to meet every danger. He 
 knew the means necessary to the ends in every mili 
 tary movement, and had the courage to retreat as w-eli 
 as to attack, when prudence dictated. It is a singular 
 fact, that there never was the slightest difference of 
 4* 
 
44 LIFE OF COLONEL BURR. 
 
 opinion among all his fellow officers, upon this point, 
 from that day to this. 
 
 When the call for new levies of troops was made in 
 the spring of 1777, several regiments were raised by 
 each state, and men of influence and standing in the po 
 litical world were appointed as colonels, if they had no 
 great reputation for military affairs, while a lieutenant 
 colonel was sought for who had military skill and 
 courage. One of these regiments was under the com 
 mand of Colonel Malcolm, a merchant of the city of 
 New- York. He was a highly respectable gentleman, 
 of middle age, of Scotch descent, and of no ordinary 
 influence in the state. Major Burr was appointed his 
 lieutenant colonel. When Malcolm saw his beard 
 less lieutenant colonel, he thought the boy would be 
 continually getting him into some difficulties, for it 
 was quite impossible for him to conceive that prudence 
 and wisdom could be found in one so young ; but in a 
 few weeks, Malcolm said to him, " I will be the father 
 of the regiment ; you shall have the honour of fighting 
 it." 
 
 In September, 1777, while Colonel Burr, with his 
 regiment, was lying at Suffering s Cove, an alarm was 
 given that the enemy was in great force at Hacken- 
 sack, and were plundering the farms of their cattle, 
 horses, and provisions. As soon as the information 
 reached him, he took a chosen band of his brave sol 
 diers, and set out at once on his march to meet the 
 enemy. On his way, he found several bodies of militia 
 in great consternation, without a leader, rather doing 
 mischief than preventing it. He took command of the 
 whole of them, and set them on several duties, to keep 
 them in readiness if their services should be required. 
 
LIFE OF COLONEL BURR. 4 
 
 From noon to about 10 o clock at night he had reached 
 the neighbourhood of the enemy. Leaving his men in 
 a wood, comfortably prepared to take the refreshment 
 and rest they required, he reconnoitred the enemy s 
 camp, and ascertained the precise ground of the picket 
 guard. At daybreak he returned to the woods, 
 awakened his men, and moved on silently, having 
 given the strictest orders to them not to speak, nor to 
 fire a gun, on pain of death. In this way they fell upon 
 the picket guard, with their bayonets^ and killed or 
 made prisoners of every one of them. Messengers 
 were instantly despatched for the militia, who gather 
 ed so rapidly after this exploit, and in such numbers, 
 that the enemy retreated across the Hudson as soon 
 as possible, leaving behind them all the cattle they had 
 taken, with the other plunder. The militia had full 
 faith in being able to have conquered the enemy, though 
 two thousand strong, if they had not so precipitately 
 retired. The citizens were ready to fight under 
 Colonel Burr with the greatest alacrity. This spirited 
 conduct not only had the good effect of ridding the 
 Jerseys of the enemy, but of preventing him from 
 making another predatory excursion. After this, 
 Colonel Burr was ordered to join the army in Pennsyl 
 vania with Malcolm s regiment. 
 
 Malcolm s regiment was made up of soldiers from 
 different states, from New-York, Pennsylvania, Massa 
 chusetts, and other states in New-England. Colonel 
 Burr found in some companies a full compliment of 
 officers with only a few men. Some of these officers, 
 after having obtained their commissions, had been 
 shamefully remiss in collecting their men, or of keeping 
 them recruited. Colonel Burr wrote to General Con- 
 
46 LIFE OF COLONEL BURR. 
 
 way, a thorough bred soldier, for permission to expur 
 gate his regiment of these drones. The general prompt 
 ly gave his consent, in writing, that the colonel might 
 dismiss such as he chose of this Falstaff force. In a 
 single day, eleven of these officers were ordered to 
 leave the camp forthwith, with this simple observation, 
 that if any one felt aggrieved, that when the campaign 
 had closed, he should be at a particular place, naming 
 it. Ten out of the eleven took this in silence, but one, 
 a young, pampered boy, the spoilt child of wealthy 
 parents, wrote him an insolent letter. The reply to 
 this was simply, I shall be at the public house in your 
 village, (naming the hour and the day,) when I shall 
 be pleased to see you. At the precise hour the colonel 
 was on the spot, but the brave captain did not make 
 his appearance. Towards the close of the day, Colonel 
 Burr took the liberty to repair to the house of the 
 captain s father. He had long been acquainted with 
 the family. The captain was at home, surrounded by 
 a party of ladies at tea, who received the colonel with 
 all respect and courtesy due his rank and character. 
 He entered into converation with the ladies, old and 
 young, and spent a social hour, as one only on a visit 
 of pleasure. As the colonel took leave of the party, 
 he requested the captain to accompany him to the next 
 neighbour s, as he must visit an old friend before he 
 left the place. The captain, with some agitation, con 
 sented. This was only to give him an opportunity of 
 stating his grievances, and of naming the satisfaction 
 he required. The two officers had gone but a short 
 way, when the whole bevy of ladies came running 
 after them, with shrieks and screams, imploring 
 Colonel Burr not to kill Neddy, the pet appellation of 
 
LIFE OF COLONEL BURR. 47 
 
 the captain ; for some one who knew the contents of 
 the letter had named his suspicions to the ladies, and 
 this had produced the scene. The ladies, young and 
 old, implored him, with tears in their eyes, that the 
 business should go no farther. Neddy was, in his own 
 opinion, thus happily relieved from all chances of harm, 
 for the colonel, smiling, politely handed over the boy 
 to his mother and female friends, with this advice : 
 when you feel in a brave and swelling mood, despatch 
 no letters to gentlemen, unless these friends have in 
 spected them. The ladies becoming surety for 
 Neddy s good manners in future, the colonel took his 
 departure. I name this anecdote principally to show 
 how much difficulty the higher classes of officers in the 
 American army had to contend with : the ignorance 
 of some, and the imbecility and pride of others. It 
 was difficult to make some believe that those who were 
 fighting for liberty should not be at liberty to fight 
 when they pleased. The bold and patriotic in the 
 army had not only to do their own part of every duty, 
 but watch over those who would not or did not dare 
 do their own. One coward is often the death of many 
 brave men, and one traitor may sully the reputation of 
 a host of true patriots. It was at once a source of 
 mortification to the truly spirited and zealous officers, 
 who wished for a share of their country s glory, to 
 mark all the errors and acts of ignorance they were 
 obliged to witness every day, and what, if possible, 
 was still worse, to be constantly misrepresented by the 
 minions that swarmed at head-quarters. 
 
 While the American army lay at Valley Forge, 
 a detachment was sent to some distant mills to 
 watch the movements of the enemy. The corps was 
 
48 LIFE OP COLONEL BURR. 
 
 not remarkable for discipline. Almost every night 
 the alarm was given that the enemy was on his march, 
 which, on investigation, turned out to be false. Vexed 
 at this, Washington ordered Colonel Burr to the com 
 mand of this detachment. On his arrival among them, 
 he commenced drilling them at once, and kept them 
 constantly engaged. This was too much for those 
 who had lived idly, and been suffered to murmur at 
 all times. Some of the most restless were determined 
 to rid themselves of such a severe disciplinarian, and 
 formed a plan to destroy him. This came to his know 
 ledge. On a cold, bright, moonlight night, he issued 
 an order for parading the troops. As he was exerci 
 sing them in line, a daring fellow stepped out of the 
 ranks, and called to his comrades that the moment of 
 freedom had arrived. The colonel was near him, and 
 had his eye upon him, and with decision and celerity, 
 for which he was distinguished, he struck the fellow s 
 arm with his sabre, and it hung dangling by a small 
 strip of skin to his shoulder ; and without taking any 
 farther notice of the affair, put his troops in motion. 
 The example was as salutary as decisive ; not a mur 
 mur was heard from any one of them afterwards. 
 Colonel Burr was on this duty for several weeks, and 
 during the whole time no alarm was given to the main 
 army, for he examined every thing himself; but the 
 next night after he was relieved, Washington was 
 again disturbed as before. Some of the finest officers 
 of the American army wintered at Valley Forge. 
 Washington, M Dougal, De Kalb, Brooks, Whiggles- 
 worth, and a host of others ; and although the cold 
 was severe, and provisions not very abundant, still the 
 society was excellent, and all indulged in the hopes of 
 
LIFE OF COLONEL BURR. 49 
 
 soon seeing the close of the war ; but they had much 
 to do to achieve the independence of the country after 
 that. The writer of this memoir has often heard 
 Brooks and Whiggles worth speak of Colonel Burr as 
 an officer, and rank him among those born for great 
 commanders. These officers were the pride of the 
 American army themselves, and their opinions are high 
 authority. Whiggles worth was the son of a professor 
 of mathematics at Harvard University, and was gradua 
 ted when quite a youth. He entered a counting room 
 to make himself a merchant. From the counting 
 room he visited Europe as a factor, at first ; and after 
 a few voyages he took command of a ship, and was 
 considered as an excellent sailor and navigator. On 
 the breaking out of the revolutionary war he was of 
 fered a colonelcy, which he accepted, and was third 
 in command when Arnold met Sir Guy Carleton on 
 Lake Champlain. The nautical science so generally 
 attributed to Arnold belonged to Colonel Whiggles- 
 worth. He was an excellent scholar in every branch 
 of knowledge among us, and decidedly possessed the 
 best historical information of any man of his time in 
 this country. For his military services, Washington, 
 after the adoption of the federal constitution, appoint 
 ed Whigglesworth collector of the port of Newbury- 
 port, in the commonwealth of Massachusetts. This 
 veteran was buried in that town about seven years 
 since, when the regiment gave him a splendid military 
 funeral. 
 
 Lieutenant Colonel Brooks, whose reminiscences of 
 the war were accurate and minute, whom I have men 
 tioned as having borne testimony to the military cha 
 racter of Colonel Burr, was truly a hero of the revolu- 
 
50 LIFE OF COLONEL fcURK. 
 
 tion. He was in the battle of Lexington, on the 19th 
 of April, 1775; passed several times from General 
 Ward, at Cambridge, to Bunker Hill, oil the 17th of 
 June following, and would have taken part in the fight 
 if Ward had not required his services as his aid on 
 that day, expecting, as he reasonably might, an attack 
 on his camp. Washington, on his arrival, soon saw 
 that Brooks was by nature a soldier. He sent him 
 to superintend the works on Dorchester height, and 
 expressed his great satisfaction in his skill and milita 
 ry exactness ; but his talents were more conspicuous 
 ly displayed in the retreat from Long Island in Au 
 gust, 1776, and in his bravery, discipline, and prowess, 
 in covering the retreat of the army at White Plains. 
 He was with his regiment at the taking of Burgoyne ; 
 and, in fact, in almost every battle until the close of 
 the war, when he assisted in putting down a spirit of 
 unlawful excitement at Newburgh, just as Washing 
 ton was about to take leave of the army. When the 
 quasi war with France, in 1798, called forth an army, 
 and Washington was appointed lieutenant general, 
 Brooks had the offer of the appointment of brigadier 
 general in this army ; but he did not believe that the 
 forces raised would ever take the field, and declined 
 the appointment. He was for many years major ge 
 neral of the Middlesex division in Massachusetts, and 
 was considered the most accomplished officer of the 
 state. After the close of the last war, (during that 
 period he was adjutant general of the militia of Mas 
 sachusetts,) he was chosen governor and commander 
 in chief of that commonwealth, and held the office un 
 til his health was so much impaired that he declined a 
 re-election. He died in the spring of 1825, much re- 
 
LIFE OF COLONEL BUUR. 51 
 
 gretted by all classes in the community. The medical 
 society appointed one of their number, Dr. John Dix- 
 well, to pronounce his eulogy on their departed bro 
 ther, which was done to public acceptation. Such 
 were the men who bore testimony to the high military 
 talents of their brother in arms, Colonel Burr. These 
 men never, for a moment, were of the same political 
 party with Colonel Burr, after the constitution was 
 adopted ; but they were above any prejudices, and 
 spoke of him as they knew him, a splendid soldier, 
 with fresh laurels on his brow, shining with the dews 
 of valour and patriotism. The days of trial and of reci 
 procal confidence are those when honest opinions are 
 formed and expressed. 
 
 At the battle of Monmouth, Colonel Burr had the 
 command of his regiment, Malcolm being absent. At 
 his own request, he had marched to attack the enemy, 
 who, in considerable force, had taken an advantageous 
 position, from which Colonel Burr thought it advise- 
 able to dislodge them. As he was advancing with 
 great spirit to attack, he received an order from the 
 commander in chief to halt where he then was. Al 
 though he saw the evils of this order, as a good disci 
 plinarian he obeyed, and in this situation was exposed 
 to the enemy s artillery, which destroyed a third part 
 of his regiment, while they were not able to fire a 
 musket with effect. His own horse was shot under 
 him by a cannon ball, which struck the animal just 
 behind the girth of the saddle, at the precise moment 
 when his rider had stretched his legs forward to give 
 himself a more easy position. After this slaughter, 
 he was allowed to take his part in the battle. The 
 fatigue he felt on this day had a very sad effect upon 
 5 
 
52 LIFE OF COLONEL BURR. 
 
 his health, which with all his prudence in living, was not 
 for years overcome. This loss of brave men T by such 
 an order, sunk deep into his mind, and has had an 
 influence on his opinion of Washington as a military 
 man ever since. It was on the 28th of June that this 
 battle was fought, an intensely hot day. There had 
 been a difference of opinion between General Lee and 
 General Washington on the early part of the day. 
 This was greatly regretted by the army, for they had 
 the utmost confidence in Lee s military talents ; and 
 the moral influence of Washington was unbounded. 
 The fight ceased only with the light of the day. After 
 all the fatigues of heat and suffering from the action* 
 the American army slept on the ground where they 
 had fought, with arms in their hands : but when 
 the day dawned upon them, the enemy had fled. 
 Well might they who wanted to give battle claim the 
 victory. The discretion and obedient fearlessness of 
 the youthful leader of Malcolm s regiment was a theme 
 of praise for the whole army. General Poor, who was 
 ordered, in every battle, with the New-Hampshire 
 troops, to begin the fight with his brigade, spoke of 
 Colonel Burr as a first rate officer. He had no rival, for 
 he was the youngest man who had ever commanded a 
 regiment in our country. It was well known that there 
 was much hard fighting still to be done, but every one 
 felt that the back bone of the war, to use the phrase 
 then common, was broken. 
 
 The French had now taken part with us, and Count 
 D Estaing had arrived at the capes of Virginia to join 
 us in the revolutionary struggle. A new face was put 
 on all things ; but this did the country no good at that 
 time, except to bring some of the precious metals to 
 
LIFE OF COLONEL BURR. 53 
 
 us, of which the country was much in want. They 
 played either a cautious or a rash game ; and at first 
 seemed to have but a slight regard for American sol 
 diers. But notwithstanding this, the very circum 
 stance that they had appeared on our coast in hostile 
 attitude against our enemy, and as allies to us, gave 
 a new impulse to every thing ; or, rather, fresh hopes 
 to all parts of the country. Colonel Burr, having some 
 knowledge of the French language, was soon acquaint 
 ed with these chivalrous soldiers of the politest nation 
 in the world, to whom a sword was as familiar at 
 that time as a glove or a cane, who had not lost the 
 gallantry of the days of Louis XIV. These thorough 
 bred warriors saw and admired his talents, and court 
 ed his company. 
 
 There were many men of talents in the battle of 
 Monmouth. Charles Lee was a soldier, the son of a 
 soldier. He had entered into the British army when 
 young ; but while in his uniform he was ardent in the 
 pursuit of classical knowledge, and became acquainted 
 with modern languages in addition to the classics. 
 He had travelled through Europe, and visited Italy, 
 and Germany, and Prussia, and was introduced to 
 Frederick the Great of Prussia. He came to Ameri 
 ca with Abercrombie, and was with him in his disas 
 trous attack on Ticonderoga, which was defended by 
 Montcalm, in July, 1758, and two thousand British 
 troops, including provincials, were killed, with Lord 
 Howe, the favourite of the army. Lee was intimate 
 with his lordship, being about the same age, and fond 
 of the same noble pursuits, letters and war. He serv 
 ed until Canada was taken, in 1759, and then returned 
 to England, when he was made a colonel, and served 
 
54 LIFE OF COLOXEL BURR. 
 
 in Portugal with reputation. He was a whig in his 
 own country, and took a decided part in politics, op 
 posing the measures of the British government in re 
 lation to the American colonies. He did not come to 
 this country, to make it a place of residence, until 
 1773. On his arrival, he avowed his sentiments on 
 all occasions, and urged the people to resistance. He 
 purchased lands in Virginia, and commenced agricul 
 turist. On the commencement of hostilities, he was 
 appointed a major general in the American army, and 
 repaired to the camp at Cambridge. He was, at that 
 period, unquestionably, the most able soldier in the 
 army, having seen more service. Washington had 
 the highest confidence in him, and in the spring of 
 1776 sent him to New- York to put the city and neigh 
 bourhood in a state of defence. He intimidated the 
 tories by the boldness of his measures, and inspired 
 the sons of liberty with confidence. After the disas 
 trous campaign of that autumn, he was sent south 
 ward ; but in October he was ordered to repair to the 
 northern army, but was taken prisoner on his way. 
 He remained a prisoner until the spring of 1778, when 
 he was exchanged for General Prescott. In this 
 battle of Monmouth, he was ordered to attack the 
 rear of the enemy, but finding the British force larger 
 than it had been supposed, he thought it prudent to 
 retreat from the ground he had taken, which was 
 marshy, and make a stand in a more favourable posi 
 tion. While doing this, he was met by the com 
 mander in chief, who expostulated with him on this 
 course of proceeding. This was resented by Lee in 
 no measured language. Washington issued his orders, 
 which were obeyed by Lee, and he fought with his 
 
OF COLONEL BURR. 55 
 
 usual gallantry and skill. The fate of the battle has 
 been described. In all probability this affair would 
 have been passed over by Washington, had not Lee 
 followed it up by an indecorous letter. For both 
 offences he was arrested, tried and found guilty, and 
 suspended from command for a year. This was too 
 much for his mighty spirit. He retired to his farm, 
 buried in seclusion for four years, when he sold his 
 estates, and came to Philadelphia to reside, not proba 
 bly to enjoy society, but to find in the wilderness of 
 men food for his spleen ; but he was not permitted 
 even this substitute for happiness, for he was seized 
 with a fever, of which he died in a few days after his 
 arrival. He played the soldier even to the death, for 
 his last word was an appeal to his grenadiers. Lee was 
 at one time supposed to have been the author of the 
 letters of Junius ; but any one acquainted with his 
 temper might have supposed him to have ill nature 
 sufficient for such compositions, but not such a con 
 trol of his temper as would permit him to use the 
 weapons of controversy with such cool adroitness as 
 Junius. It must, however, be confessed, that he wrote 
 with Junian eloquence, but not with the polish or 
 point of that great satirist. In his person, Lee was 
 tall, quick in his movements, skilful with his sword, at 
 home in every movement on the battle field, and brave 
 at all times. His military talents were of great service 
 to our country, and all the idiosyncracies of his charac 
 ter did harm only to himself. 
 
 General Poor was in the battle with his brigade. 
 He was a fine specimen of a puritan commander. He 
 was bred a tanner, early discovered great firmness 
 and sagacity, had the confidence of his fellow-citizens 
 
56 LIFE OF COLONEL BURR. 
 
 of New-Hampshire, and that confidence was proved 
 to have been well founded. At Saratoga and at 
 Monmouth he was first in the field, and among the last 
 to leave it. He died before the close of the war. 
 
 In the autumn of 1778, Colonel Burr was attached 
 to that part of the northern army under General 
 M Dougal, but was not with the main body. His 
 reputation as a soldier was now so well established, 
 that he was put on every highly responsible command. 
 Colonel Malcolm hardly ever even visited his regi 
 ment, for he saw that Colonel Burr was every inch a 
 soldier. At one time, the commanders of three regi 
 ments of Silliman s brigade had leave of absence, and 
 Colonel Burr had the sole command of it. Every 
 soldier slept quietly, or marched cheerfully, for he 
 knew that he was to be led out to battle by one who 
 knew what to do, and willing to discharge his duty. 
 There is no confidence so great, and that goes so far, 
 as that which a soldier reposes in a well bred com 
 mander. It reaches to martyrdom, and all in the ordi 
 nary course of duty. Colonel Burr was not allowed 
 any still, ordinary life. The British had formed their 
 lines in Westchester county, not so far from the city 
 as to be long without succour from the main army, if 
 attacked, in considerable force. The Americans were, 
 of course, on the watch for them at no great distance. 
 On the lines of both armies, and between them, there 
 were many tories, many whigs, an<J many of doubtful 
 character. It was treacherous ground. Difficulties 
 took place every day, and confusion succeeded confu 
 sion, when General M Dougal appointed Colonel Burr 
 to this important post. He took his quarters in West- 
 Chester with from four to six hundred men only. He 
 
LIFE OP COLONEL BURR. 57 
 
 first surveyed the whole ground, made a register of 
 all the householders within it, the number of their 
 families, and noted their characters, of whig or tory, 
 stated their ability, in his opinion, to assist or annoy 
 him. He visited every house of any importance, pro 
 mised them freedom from plunder or insult, and com 
 plete protection, if they observed a strict obedience to 
 his orders. A day or two after his taking the com 
 mand, but before his discipline could have been en 
 forced, some depredations were made upon some of 
 those suspected of being friendly to the enemy. The 
 plunder was restored, and the aggressors punished. 
 This had a good effect, for when the tories found them 
 selves protected in person and property, they were 
 quiet. The several companies of his regiment w r ere 
 stationed, from the nature of the service, at points de 
 signated by their commander, as he thought most pro 
 per for the discharge of his duty, at a considerable 
 distance from each other. He kept up the strictest 
 discipline. Every night, at some hour uncertain to 
 those visited, he made his rounds of inspection, and 
 marked the slightest neglect of discipline. To perform 
 this duty, he sometimes rode more than twenty miles. 
 He employed guides, who acted also as guards, and 
 they flew from one place to another so rapidly, that it 
 was in vain for the enemy to look after them. All the 
 machinery was so admirably managed that even his 
 most confidential officer never knew what was next to 
 be done, when one thing was accomplished. Such 
 was the confidence that his little army inspired in the 
 whole county, that he found no difficulty in raising 
 whatever supplies he wanted ; but he never took a 
 load of hay or a bushel of barley without paying for 
 
58 LIFE OF COLONEL BURR. 
 
 the same, although, by the laws of war, as they were 
 then understood, he had a right to levy contributions 
 on those unfriendly to the American cause, whenever 
 he thought proper, or occasion required it. Colonel 
 Burr respected the property of enemies as well as 
 that of friends, and when General M Dougal intima 
 ted that he had an unquestionable right to seize the 
 property of the tories, at such times, and in such 
 measures as he might deem expedient, Colonel Burr 
 informed him, in the pride of his soul, that if any such 
 step was taken he must decline the command. He 
 had pledged himself to every one that all property of 
 those who remained quiet should be safe, and that 
 pledge should be sacred while his command should 
 continue. Nothing more was said, for his opinion in 
 matters of national law was as much respected as his 
 decisions on military matters. Colonel Burr was 
 not only feared but loved by his men. If one was 
 sick, he visited him, and prescribed the proper medi 
 cine for his recovery ; and after a short time, the sick 
 would not take any medicine from any other hands. 
 He lived abstemiously, and shared every hardship 
 with his men, in fact, was more severe to himself 
 than to any one else. He usually slept booted and 
 spurred, with his surtout on, fit for action in any 
 emergency. 
 
 In the summer of iZZ&ja large force under General 
 Sullivan marched to our frontiers to chastise those of 
 the Six Nations who had broken their pledge of neu 
 trality. Colonel Burr was not in sufficient health to 
 join this expedition, as he knew that under such a 
 general that there would be energy and decision. 
 This summer he spent some time in Connecticut, and 
 
LIFE OF COLONEL BURR. 59 
 
 took command of the militia that were suddenly raised 
 to arrest the progress of the British troops, sent from 
 New- York in a fleet of forty sail. They landed at 
 West Haven, to the number of a thousand, and about 
 the same force at East Haven. The enemy formed a 
 junction at New-Haven, and took possession of the 
 town, and held it about eight hours, giving it up to 
 ravage and plunder. They were incensed at the 
 trouble given them by the brave yeomanry, and stu 
 dents of Yale College. 
 
 As the enemy passed where the defenders of the 
 soil could form an ambush, the former were harrassed 
 severely by a well directed fire. Colonel Burr has 
 often mentioned this incident in his military life as a 
 proof of the confidence that soldiers, however raw and 
 undisciplined, have in one who sustains a reputation 
 for discretion, skill and bravery. These troops so 
 licited him to take the command of them when he was 
 hardly able, from sickness, to mount his horse. 
 
 Colonel Burr tendered his resignation to General 
 Washington, but he never was discharged, for the 
 general was unwilling to lose such an efficient officer 
 from the army. 
 
 Colonel Burr, in 1780, was on a visit to Mrs. Pro 
 vost, the lady who not long after became his wife, 
 when Mrs. Arnold stopped at her house, on the way 
 to the city of New- York, in order to join her husband. 
 At the first news of his treason, Mrs. Arnold excited 
 the sympathy of every one. Her lamentations and 
 screams might be heard at a distance, and many fear 
 ed that her reason would be shaken from its throne. 
 Several of the officers at West Point at that time, 
 wrote most affecting descriptions of her wretchedness ; 
 
60 LIFE OF COLONEL BURR. 
 
 and some went so far as to think that the wounds given 
 to the heart of an elegant and an accomplished woman, 
 deserved as much punishment as the treason Arnold 
 had committed. Washington was deeply affected by 
 her situation, and rendered her every assistance in his 
 power, and with great gallantry sent her a letter of 
 safe-conduct to the lines. Mrs. Provost was the 
 widow of a British officer, and to her Mrs. Arnold 
 could unbosom herself; and being assured that no one 
 was near but those of strict honour, she threw off the 
 mask, thanked God that the farce of hypocracy was 
 over, for she hated to be an actress any longer. She 
 said that she had commenced the correspondence with 
 the British commander, and had brought her husband 
 to the deed at last, stating, also, that she had long ab 
 horred the American cause, and now was happy that 
 she was free from the rebels. This spoils the pathos 
 of many brilliant descriptions of her patriotism and 
 sensibility ; but, nevertheless, the generous feeling in 
 which they were written will still remain as proofs 
 that there was nothing revengeful or low in the dispo 
 sitions of those who achieved our independence. 
 
 After Colonel Burr lejjt_jhej,rm^,_he commenced 
 the study of the law, under the direction of Thomas 
 Smith, Esquire, a good practical office-business law 
 yer. With him Colonel Burr confined himself entire 
 ly to an acquaintance with forms, and trusted to him 
 self to gain a knowledge of principles. He devoted 
 himself so exclusively to this branch of his profession, 
 that he thought himself qualified to practise, and made 
 preparations to get admitted to the bar. He knew 
 that the old lawyers, who had been, during a good part 
 of the revolution, out of business, would oppose every 
 
LIFE OP COLONEL BURR. 61 
 
 obstacle to his admission to the bar ; he, therefore, did 
 not apply to the bar for their interference in his be 
 half, but offered himself to the court for examination, 
 insisting that times had changed, and that every one 
 of information had an unquestionable right to avail 
 himself of his acquirements, untramelled by former 
 usages. The court listened to the argument, and gave 
 him an opportunity to prove that he was well quali 
 fied for his professional duties. When this point was 
 gained, he was safe : the examination took place ; the 
 judges were satisfied that he was competent to com 
 mence the practice of the law, and licensed him as 
 attorney and counsellor. He commenced practice in 
 Albany, and soon secured a fair share of business : 
 but when the British evacuated the city of New- York, 
 he removed to this larger field of practice. 
 
 In the year 1784, he found himself elected a repre 
 sentative from the city to the state legislature, and at 
 once took a prominent part in the business of that 
 body. He was distinguished for sagacity and elo 
 quence. He avoided every thing rhetorical or im 
 passioned. His manner in debate was cool and de 
 termined as in action. His language was select, and 
 his manner firm but courteous. He was neither awed 
 by rank nor age, nor frowned down by furious oppo 
 nents. He at once had the audience, and the conquest 
 of the members never follows far behind. His firm 
 ness had been tested on the battle-field, and his politi 
 cal and moral courage was now as well understood 
 as his military. Assailed through the medium of popu 
 larity, interest and ambition, he never swerved from 
 his own plan of action ; and at length all knew his 
 firmness of purpose, and no one doubted his ability to 
 
62 LIFE OF COLONEL BURR. 
 
 sustain himself, whoever might be his antagonist. One 
 instance of this characteristic conduct, among many, 
 may be named. The mechanics of the city of New- 
 York had taken up the impression that they would 
 follow the fashion of London, in requiring that every 
 craftsman should serve an apprenticeship in the city 
 of seven years, before he should be allowed to follow 
 any trade or calling connected with the mechanic arts. 
 They petitioned the legislature for a law to this effect. 
 Colonel Burr opposed this, as anti-republican, and inju 
 rious to the public weal. At the same time, there 
 was a proposition before the same body to carry into 
 effect a plan for disposing of the public lands, then of 
 great amount. The speculators were powerful, and 
 had, by a union with the mechanics, a controlling in 
 fluence in the legislature. Colonel Burr strained every 
 nerve to oppose this nefarious union and its effects, 
 but in vain. The plan for selling the lands passed both 
 branches of the legislature by decided majorities ; but 
 Ke did not despair of saving the state from this bane 
 ful coalition. By his influence with the council of re 
 vision, he stopped the bill in that body, and when sent 
 back it was lost. The judicious part of the communi 
 ty, among all classes of people, applauded his course j 
 but a few enraged mechanics, on his return to the city, 
 expressed a determination to mob him. Many of his 
 friends offered their services to protect him. " No. 
 gentlemen," was his reply to their kind offer, " I will 
 live no longer than I can protect myself." He would 
 not have even his doors fastened ; and this fact being 
 known, no one felt disposed to be the first to molest 
 him ; and in a short time, this very act of firmness 
 and energy made him popular with the very men 
 
LIFE OF COLONEL BURR. 63 
 
 whose wishes he had opposed. Such are the effects 
 of political courage. The restless spirits of the revo 
 lution had, in a measure, exhausted themselves by 
 their labours and sufferings, and in general were satis 
 fied with what they had done ; but many of those 
 who never had ventured into the field in the hour of 
 danger, now showed their ambition in the path of 
 politics and speculation, and the country, from the 
 east to the farthest south, had well nigh been ship 
 wrecked by them ; but, thanks to heaven, there was 
 sagacity and virtue enough left to save the country. 
 Much evil, however, was done. Those who gathered 
 up a little money, while their brethren had been lavish 
 ing their blood and treasure, wished to seize all the 
 monied institutions, and to direct evefy heart-pulse of 
 the nation. They did, in fact, effect much ; but they 
 could not control all things to the extent of their 
 wishes. 
 
 Soon after Colonel Burr came to the bar, the 
 courts were crowded with business. Almost every 
 principle, particularly of mercantile law, was to be 
 settled. There had not then been a single reporter 
 of any case in the thirteen states. The decisions de 
 pended upon memory, or some uncertain rules assum 
 ed by the judge or counsel. Every legal point was 
 argued over in every cause. This, if it gave counsel 
 great labour, if they were learned, secured them great 
 advantages. The court listened to those who had the 
 best collection of decisions in his mind with great at 
 tention, and this was sure to raise the advocate in the 
 estimation of his client. Colonel Burr was almost sure 
 to be invited to act as counsel for plaintiff or defend 
 ant in almost every cause of importance that was to 
 6 
 
64 LIFE OF COLONEL BURR. 
 
 be argued in the state before the higher courts. If he 
 had rivals, he had no superiors. Of those of his own 
 age, Alexander Hamilton alone can be distinctly con 
 sidered his rival, although there were several power 
 ful lawyers at the bar. These distinguished advo 
 cates were frequently engaged on the same side, and 
 when they were so, the cause was sure to be thorough 
 ly sifted, and powerfully argued. They were unlike 
 each other in manner, in a deliberative assembly, 
 or at the bar. Burr seized upon the strong points 
 of his cause, and laid out his whole strength on 
 them, making the most condensed of all possible argu 
 ments. His manner was calm, direct, and as senten 
 tious as if he was only citing the maxims that applied 
 as rules in the case. However strong the excitement, 
 or great the provocation, he never, for a moment, lost 
 his balance. He clothed his thoughts in plain, sound, 
 good old English, and so distinct was his delivery, that 
 every plain, honest juryman understood him. His tones, 
 though not authoritative or dictatorial, were firm, and 
 seemed to bear with them an assurance that he be 
 lieved his own arguments. Before he left a jury he 
 was quite certain that he had left a lamp to guide them 
 in any clouds or darkness that ingenuity or eloquence 
 might raise around the subject. Such was his whole 
 demeanour, that the jury never braced themselves 
 against him as against the strong man who would bind 
 their understandings, and lead them in thraldom 
 wherever he chose. Nor were they ever on their 
 guard against the influence of zeal, pathos, or silvery 
 tones, so often bewitching to those who are better 
 judges of sound than sense. He neither aimed to 
 awaken fears, or excite surprise oJadmiration, nor to 
 
LIFE OF COLONEL BURR. G5 
 
 lead by any fascinations. If he aroused their sympa 
 thies, it was by pouring a clear current of thought into 
 their minds, not by any parade of eloquence. There 
 are but few specimens of his forensic eloquence ex 
 tant, but hundreds have a distinct remembrance of 
 his whole manner. His great rival, Alexander Hamil 
 ton, was more laborious, more redundant, more lavish 
 of epithets. He saw the whole field, and in passing, 
 removed every stone in his way so carefully and 
 gracefully, that one was frequently intent on the man, 
 and on the orator, rather than on the subject. He 
 was often earnest, and sometimes impassioned, al 
 though he strove to keep down his feelings. Hamil 
 ton had the copious flow of Tully ; he spoke as one 
 whose treasury of words was inexhaustible, and who 
 had the proper command of every syllable. Burr s 
 style resembled that of Sallust : terse sentences, 
 choice words, of a direct application, but such as every 
 one knew their meaning They had each his devo 
 tees, but both were admired and applauded. Such 
 models have had a fine effect on the eloquence of the 
 bar, and of the legislature of the state. In the style 
 of speaking in each place, among the best informed, 
 there is none of that rant which is often found in some 
 parts of our country, and which has often passed for 
 eloquence in the halls of congress, and with the spec 
 tators even in the supreme court room ; and it is to 
 be feared, that this charlatanry will not soon be cured. 
 The excitable subjects which of late years have been 
 brought up and discussed in the house of representa 
 tives has an unfavourable effect on the mode of speak 
 ing in congress ; and perhaps it may be said that the 
 almost Colliceum size of the chamber in which the re* 
 
66 LIFE OF COLONEL BURR. 
 
 preservatives meet, may also have its influence in giving 
 a harshness of voice and a fury to gesticulation. The 
 race of lawyers who came next to Burr and Hamil 
 ton, such as Van Vechten, Spencer, Kent, and others, 
 were men of good sense and taste, and have continued 
 the medium class of speaking, which is found between 
 the cold, affected nicety on the one hand, and the fire 
 and fury of a caucus harangue, delivered on the eve of 
 an election, on the other. 
 
 Soon after the adoption of the federal constitution, 
 the commerce of the city began to flourish. Banks 
 were established for the convenience of all classes of 
 people ; but it was soon found that those who compo 
 sed the minority had but a small chance for discounts. 
 Colonel Burr had seen this inconvenience, although 
 he had never felt it. He made influence, in the 
 year 1792, to have the Manhattan Bank established. 
 It was put under directors of different politics from 
 the other banks, and a liberal policy pursued in loan 
 ing their money. The aristocracy had made use of 
 the banks as one means to extend and secure their 
 power ; but this system could only succeed for a 
 while. The mystery of banking was found out to be 
 a simple process of business, without a particle of 
 witchcraft about it. A president of a bank was a 
 grandee of the first order, and a cashier ranked with 
 the ancient order of priesthood. A mechanic never 
 ventured to ask for a discount in those days, without 
 some merchant as a patron and friend, and then the 
 loan was obtained as a special favour. The obtaining 
 of the charter for the Manhattan Bank, in some mea 
 sure broke down these exclusive privileges. Con 
 nected with the charter was a stipulation of bringing 
 
LIFE OF COLONEL BURR. 67 
 
 water into the city. This did not, for many years, 
 pay its own expenses, and was, of course, a tax on the 
 income of the bank. Much clamour was raised about 
 the charter of the Manhattan Bank, but there is no 
 other charter but the Chemical, that has stipulated to 
 do any thing for the public good, in the way of a 
 bonus to the public. For many years it discounted 
 freely, and, perhaps, Colonel Burr might have had 
 some accommodations from it, but he did not want it 
 then, nor ask for it. The bank has been in good re 
 pute ever since it was established, and is among the 
 selected banks for taking the deposites at this period. 
 Colonel Burr might have been made president of the 
 Manhattan Bank on its establishment, but he never 
 sought or would accept of any office of pecuniary re 
 sponsibility. He had too many matters of interest 
 and ambition to engage his mind, to enter into the de 
 tails or the profits of monied institutions. His general 
 speculations were of lands, of which he was an excel 
 lent judge, and foresaw their rise in value, and made 
 use of his judgment in purchasing. His land specula 
 tions would have made him rich, if he could have 
 spared time from his professional and political labours 
 to have made the best use of them. The titles to 
 many portions of property, from the changes the city 
 and country had gone through, were not so clearly 
 traced as would satisfy the scrupulous, but were suffi 
 cient for the fearless speculator. I have said that 
 Colonel Burr did not accept of offices of pecuniary re 
 sponsibility, apprehensive that he could not devote 
 sufficient time for the fulfilment of their duties. To 
 all the little current of charities he gave freely as re 
 quired, but he spent no time in seeing to their distribu- 
 6* 
 
68 LIFE OF COLONEL BURR. 
 
 tion, leaving that necessary, but to him irksome busi 
 ness of appropriation, to others, who were willing to 
 devote their time to it. He seldom attended caucuses 
 or primary assemblies, for he knew it was easier to 
 guide a body of wise legislators than a small number 
 of ignorant men in the primary assemblies. He sel 
 dom headed remonstrances, memorials, or addresses 
 of any kind. He went upon one great and excellent 
 principle, and that was, never to fritter away his time 
 and influence on trivial subjects. In every thing he 
 undertook he was master of the minutest detail, and 
 saw to every thing himself; still, in all those little 
 matters of civil relations, in limited communities, he 
 never sought, and, in fact, constantly shunned. He 
 never courted the mob by mingling with them and 
 sharing their amusements, for it was seldom that they 
 met him. He made no converts by "pewter mug" 
 stories, and they liked him the better for all this ab 
 straction from the great body of democracy ; but 
 whenever he came in contact with the humblest of 
 his admirers, it was well known that he treated them 
 so blandly that his manners were remembered when 
 the whole conversation was forgotten. His manners 
 were the most courtly of any one of his age. He had 
 not the parade of Morris, nor the gravity of Jay ; but 
 he never, for a moment, forgot himself by assumption 
 or too much familiarity. The self-possession which 
 he always sustained gave him advantages over other 
 men who are vassals to their passions, and at times 
 cannot hide their weaknesses. 
 
 In 1790, Colonel Burr was appointed attorney 
 general of the state of New- York. This office, at 
 that time, was an arduous one. Every thing required 
 
LIFE OF COLONEL BURR. 69 
 
 regulating and settling. During his term of service, 
 the claims of those who had been in the New- York 
 service during the war, and others who had become 
 creditors of the state, were presented to the legislature 
 for adjustment. The subject, in all its bearings, was 
 left to a commission of three gentlemen. The trea 
 surer, the comptroller, and the attorney general of the 
 state, formed this commission. Colonel Burr prepared 
 an elaborate report. He classed the claimants, and 
 fixed the rules for each class. The report of these 
 commissioners was so satisfactory to all parties that 
 no amendment was offered to it, and it stands on the 
 journals of the legislature entire. The principles con 
 tained in the report w^ere adopted by other states in 
 their adjustment of similar claims. I have made a short 
 excerpt from the record, to make it a matter of history. 
 
 The bill last mentioned, having been brought in by 
 a committee appointed on the 25th January last, to 
 prepare and bring in a bill pursuant to the general 
 tenor of the report of the commissioners appointed by 
 an act passed the 8th day of March, 1790, to receive 
 and state accounts and claims against this state : 
 
 Ordered, That the report of the said commissioners 
 be inserted in the journal of this house. 
 
 The said report is in the words and figures follow 
 ing, viz : 
 
 The treasurer, the auditor, and the attorney general, 
 pursuant to the act entitled, an act to receive and 
 state accounts against this state, did, forthwith after 
 the passing of the said act, give such notice of their 
 appointment and duties, and of the times and places 
 for the execution thereof, and of the period by the 
 
70 LIFE OF COLONEL BURR. 
 
 said act limited for receiving and auditing claims, as 
 is directed by the said act, and do herewith transmit 
 to the said legislature their report upon the accounts 
 and claims against the state, which have been there 
 upon exhibited. 
 
 The anxiety of the commissioners to render the exe 
 cution of this trust useful and acceptable, has occa 
 sioned a delay of some weeks. If their success in this 
 attempt has been in any degree proportioned to their 
 attention to the subject, it will furnish their excuse. 
 Indeed, when the legislature shall have seen the num 
 ber, the variety, and intricacy of the matters which 
 have been submitted to the consideration of the com 
 missioners, it is hoped that a further apology will be 
 thought unnecessary. 
 
 The commissioners have endeavoured to reduce 
 these various demands into classes, in such manner as 
 to present to the legislature, in one view, all which 
 have appeared to depend on similar principles. Not 
 withstanding their utmost attention to this object, they 
 have found it necessary to report on a considerable 
 number of single cases. As the authority under which 
 they acted required of them a state of facts, together 
 with their opinion thereupon, whenever there was a 
 want of uniformity, either in the facts submitted or in 
 the principles to be applied in the determination, they 
 have thought that strict justice could not be done to 
 the merit of the claim without a separate discussion, 
 though this has tended to lengthen the report beyond 
 what could have been wished, and to a degree which 
 perhaps may, in some instances, be thought prolix, 
 yet the commissioners supposed it of moment that their 
 investigation should be not only satisfactory to them- 
 
LIFE OF COLONEL BURR. 71 
 
 selves, but that it should be rendered apparent to the 
 citizens upon whose claims they have pronounced, that 
 each hath received a distinct attention, and that de 
 mands substantially different from each other have not 
 been inconsiderately blended. If the perusal of the 
 proceedings now submitted shall give an impres 
 sion of this kind, it will, in the opinion of the com 
 missioners, tend to produce a more cheerful acquies 
 cence in the determination of the legislature, when 
 that determination shall reject the demand, and pre 
 vent a revival of claims which shall now be extinguish 
 ed. The commissioners have thought that these are 
 desirable objects, and have therefore been cautious of 
 generalizing, so as to destroy real distinctions, or sup 
 press a fact even of the lightest importance. 
 
 In order to preserve uniformity in their opinions, 
 the commissioners have adopted certain principles, 
 from which the hardship of any particular case hath 
 not induced them to depart. The most general and 
 important of these are 
 
 1st. Where any species of claims is barred by an 
 act of the legislature, they have considered the act as 
 a bar to their investigation, further than to ascertain it 
 to be unquestionably within the meaning of the law. 
 This principle will be found to extend to all claims for 
 pay and rations alleged to be due for militia services, 
 to most of the demands against forfeited estates, to 
 all claims for property sequestered, when the seques 
 tration was warranted by the resolutions of the con 
 vention, and the authority of the commissioners ; to all 
 claims of payment of state agents notes, and to some 
 other particular cases which will appear in the report. 
 In support of this principle, the commissioners have 
 
72 LIFE OF COLONEL BURR. 
 
 considered that to sanction, by their opinion, the ad 
 mission of claims against the spirit and letter of a sta 
 tute, would be an impeachment of the wisdom of those 
 laws, would be arrogating an authority not exercised 
 by or permitted to any court of law or equity, and 
 would open a door to the importunate and perhaps 
 least deserving class of citizens, whilst others, having 
 similar demands, had withholden them, from a spirit 
 of submission to the laws, by which these demands 
 were precluded. The commissioners have been con 
 firmed in the propriety of these ideas, by a reflection, 
 that if it shall, for any reasons, seem expedient to the 
 legislature to repeal or suspend the limitation of those, 
 or of any of those statutes, the avenues of redress will 
 at once be open through the ordinary officers of the 
 state, without further legislative interposition, and the 
 opportunities of recompense would then be notorious 
 and equal ; but that the redress, if any should be ob 
 tained through the medium of the commissioners, 
 would be partial in its operation, and to the exclusion 
 of those who, with equal merits, had acquiesced in the 
 known laws. 
 
 2d. In the cases of claims for services . done, and 
 supplies furnished during the war, when the demand, 
 though originating under the authority of this state, 
 is properly against the United States, the opinions of 
 the commissioners is against the allowance of any re 
 compense, because those claims should more properly 
 be preferred to Congress ; and for that this state can 
 have no credit with the United States, for payments 
 or assumptions, after the 1st October, 1778. 
 
 And that, therefore, the claimants, having neglected 
 to exhibit their demands within the period during which 
 
LIFE OF COLONEL BURR. 73 
 
 this state could, without loss, have assumed them, can 
 not complain if they are now referred to the proper 
 tribunal. Payments by the state were, in all such 
 cases, at all times of favour, and not of right. 
 
 3d. All claims for subsistence and services of the 
 levies and militia, or other troops, composing a part oi 
 the continental army, or destined to join the army, and 
 moving to such places of destination, or under the 
 command or orders of a continental officer, and all 
 claims for supplies and services performed for such 
 troops, are considered as proper against the United 
 States only, and are classed accordingly. The com 
 missioners have been led to a more strict attention to 
 this distinction by the reasons just before mentioned, 
 and are warranted by the practice of the continental 
 commissioners for settling accounts, in declaring, that 
 such accounts and demands were proper against the 
 United States. 
 
 Principles of more limited operation, and other re 
 marks, will appear in those parts of the report to which 
 they apply. 
 
 Explanatory of particular parts, and of the general 
 form of the report, it may be proper to observe 
 
 That where the claim or account appears upon the 
 face of it to be evidently against the United States 
 only, or for other reasons palpably inadmissible, the 
 commissioners have thought it would have been super 
 fluous to state the proof, and have, therefore, in those 
 cases only, given such abstracts of the claim, or ac 
 count, as suffice to render the exception apparent. 
 
 In giving their opinion, the commissioners have not 
 detailed all the reasons which led to it, but have given 
 a summary of such as appeared to them most conclu- 
 
74 LIFE OP COLONEL BURR* 
 
 sive ; and as well in this as in stating the facts, have 
 aimed at as much brevity as appeared to them to con 
 sist with perspicuity. If they shall be found, in any 
 instances, obscure, a reference to the claim and proofs 
 will probably elucidate them. When the claim is pro 
 vided for by existing laws, the opinion of the com 
 missioners refers the claimant to the mode pointed out 
 by such law. 
 
 Demands of different natures, by the same person, 
 are placed under the head which comprises the greater 
 demand. The claim and vouchers being in such cases 
 usually contained in the same paper, or annexed to 
 gether, it was necessary so to place them in the re 
 port that there might be no confusion in the refe 
 rences. 
 
 To produce facility in the review of the proceed 
 ings, the documents referred to are all herewith de 
 livered, and are in bundles marked agreeably to the 
 heads under which they are classed. 
 
 CLAIMS FOR MILITIA PAY. 
 
 . s. d. 
 
 A claim for the pay and rations of the 
 
 Goshen regiment, Col. Tastins, 966 14 4| 
 
 The like for Col. Claughry s regiment, 
 
 under command of Col. Philips, 1470 16 11 
 
 The like of part of the same regiment, 
 under command of Lieut. Col. 
 Newkirk, 242 19 7f 
 
 The like for Col. Van Brunt s regi 
 ments, 595 2 
 
 The like for Capt. Eleazer Slawson s 
 
 Company, 752 6 9 
 
LIFE OF COLONEL BURR. 75 
 
 . S. d. 
 
 The like for Capt. Berrian s company, 97 9 9 
 The like for Capt. Pardee s company, 296 2 
 The like for Lieut, Lowder s com 
 pany, 1461 2 4 
 The two last preceding claims ap 
 pear to be for the same service, 
 and though differing so largely in 
 amount, are both sworn to, 
 The like for Capt H, Rhea s com 
 pany, 139 12 4J 
 The like for Capt. Ousterhood s com 
 pany, 56 14 3 
 The like for Capt. Wood s company, 162 18 10 
 Claim of John Hunter, for balance of 
 pay and rations due him as an offi 
 cer in the militia, while a prisoner, 8820 
 William Lamb, Isaac Patchim, jr., and 
 and Freegift Patchim, claim for 
 pay due them while prisoners, 
 88 10 8 each, 253 12 
 John Reilay, for pay and subsistence for 
 himself and his company of ran 
 gers in service, by order of the 
 commissioners of conspiracy of 
 Albany, 320 16 3 
 Capt. Nicholas Staats, for pay for part 
 of Col. K. Van Rensselaer s regi 
 ment, in service, by order of the 
 committee of Albany, 45 
 Joseph Elliot, for his service in the 
 
 militia as a lieutenant, 13 
 
 
 
I 
 
 76 LIFE OP COLONEL BURR, 
 
 . S. d. 
 
 Joachim Miller, for service in the 
 
 militia as lieutenant, 13 17 4 
 
 John Keyson, 800 
 
 Matthew Geeson, 21 6 8 
 John Bullman and ) 48 
 Henry Bullman, ) n service. 
 
 77 68 77 6 8 
 
 Abel Gale, for services as quarter mas 
 ter of Allison s regiment of militia, 21 11 8 
 
 By an act passed 27th April, 1784, entitled, " an 
 act for the settlement of the pay of the levies and 
 militia, for their services in the late war, and for other 
 services therein mentioned," the mode in which the 
 rolls and abstracts for pay and subsistence are to be 
 made out and settled, is particularly pointed out, and 
 competent powers and directions for the liquidation of 
 those accounts, are thereby given to the treasurer and 
 auditor. 
 
 By the 14th section of an act passed 21st April, 
 1787, entitled, "an act for the relief of persons who 
 paid money into the treasury," &c. &c. &c., the afore 
 said act of the 27th April, 1784, is repealed. The 
 commissioners consider this repeal as an exclusion of 
 all further claims for pay and subsistence of the militia 
 and levies. They are constrained to adopt this 
 opinion, not only from the obvious intention of the act, 
 but because by the absolute repeal of the act of 27th 
 April, 1784, there remains no prescribed mode of 
 authenticating these demands. That any rules which 
 the discretion of the commissioners should lead them 
 to adopt, would have been unknown to the claimants, 
 
LIFE OF COLONEL BURR. 77 
 
 who could, therefore, have had no opportunity of 
 adapting their demands to such rules, and because, if 
 the legislature shall be disposed to direct compensa 
 tions for such services, it will, in the opinion of the 
 commissioners, be most properly affected by a revival 
 of the said act of 27th April, 1784, with such further 
 provisions and checks as may be thought necessary, 
 or by some other general statute to be passed for those 
 purposes, and which may give equal opportunities to 
 the claimants, and place the liquidation and settlement 
 of such demands in the hands of the ordinary officers 
 of the state. Claims for services, supplies and losses, 
 which, if admissible, can be made against the United 
 States only. 
 [Here other accounts follow.] 
 
 GERARD BANCKER, Treasurer. 
 PETER T. CURTENIUS, State Auditor. 
 AARON BURR, Attorney General. 
 
 The next year Colonel Burr was appointed one of 
 the judges of the supreme court of the state, but de 
 clined the honour, as incompatible with a discharge of 
 his other duties. This was a judicious appointment, 
 for he was eminently qualified for a judge learned, 
 patient, discriminating, inflexible, and decisive. This 
 post of honour was not in the course of his ambition. 
 The field was not sufficiently extensive for him. He 
 unquestionably looked forward to something of more 
 importance. 
 
 In the year 1792 Colonel Burr was elected to the 
 senate of the United States, and took his seat in that 
 body on Friday the 16th of November of that year. 
 His colleague, Rufus King, was a man of splendid re- 
 
78 LIFE OF COLONEL BURR. 
 
 putation, but of different politics from himself. The 
 federal party were the majority numerically, and it 
 could not be doubted but they had the superiority in 
 regard to talents. From Massachusetts, at that time 
 in the senate, were Caleb Strong and George Cabot. 
 Strong was one of those puritans who was wise as 
 the serpent, and harmless as the dove : nothing escaped 
 him ; he looked to every passing event as one answer 
 able at that time, and for ever. He was an excellent 
 lawver, a solemn and profound statesman, always at 
 his post. His colleague, Mr. Cabot, was a fine gen 
 tleman, a man of the world, of the highest intellect, of 
 the mo&t attractive manners, possessing a shrewdness 
 not surpassed by any one, and an eloquence unequaled 
 of its kind. His words fell as " vernal snows" and 
 pure and refreshing as the manna in the camp of 
 Israel. His person was most elegant. When he 
 arose to speak, all were attentive, and his influence 
 went beyond the lines of party. He was intimate with 
 Colonel Burr, and no man among his best political 
 friends ever was more enthusiastic in his praise than 
 his political opponent from New-York. They were 
 not estranged by political differences, but often met 
 each other at the social board. John Adams wa? 
 then vice president, and, naturally of a social disposi 
 tion, he joined in the conversation of the dinner table, 
 with all that earnestness which belonged to his ardent 
 temperament, and which lasted with him through life. 
 Every thing then was a matter of experiment, and, of 
 course, the nature of the government was a constant 
 topic of discussion ; and it must be confessed, that 
 most of these distinguished minds had serious doubts 
 of its permanency. Colonel Burr did not hesitate to 
 
LIFE OF COLONEL BURR. 79 
 
 express his opinion to that effect. This opinion, there 
 fore, did not exclusively belong to any one party, but 
 was a deep-rooted fear in the minds of most discrimi 
 nating men. We of this day, too, often take a set of 
 opinions, and charge them to party, when they belong 
 to individuals of all parties. When the question of 
 the British treaty came before the senate for ratifica 
 tion, Colonel Burr was opposed to it, not thinking it so 
 good a one as might have been obtained ; but our 
 merchants, who had lost by the British in the capture 
 and condemnation of their property, saw a prospect of 
 remuneration by that treaty, and urged the senate most 
 strenuously to ratify it. Just before this subject came 
 before the senate, he was sounded on the acceptance 
 of a military commission for the western army, but he 
 declined it, thinking that the government would not 
 allow him to decide the contest with the Indians in 
 the manner that would best suit his own views. An 
 opinion was then prevailing that the Indians could, and 
 ought to be civilized. This was not Colonel Burr s 
 opinion. He had no idea of fighting a little and argu 
 ing a good deal. 
 
 A question of importance as to the eligibility of Mr. 
 Gallatin to hold a seat in the senate came before that 
 body, and was discussed with no common zeal, and 
 with great talent. Mr. King, Colonel Burr s colleague, 
 was opposed to the claims of Mr. Gallatin, and used 
 his whole strength in the cause, as did Caleb Strong, 
 and others of distinction in that body. Mr. Gallatin 
 has, for more than half a century, been a subject of 
 interest to the people of the United States. 
 
 Albert Gallatin was a native of Geneva, but became 
 a citizen of the United States previous to the com- 
 7* 
 
80 LIFE OF COLONEL BURR. 
 
 mencement of the revolutionary war. He landed at 
 Machias, and was there when an attack was made on 
 the place, and bore arms in defence of the inhabitants. 
 From Machias he went to Cambridge, where he made 
 an engagement as a professor of the French language ; 
 but having received a communication from Robert 
 Morris, he repaired to Philadelphia, and soon after 
 ward was a resident in the state of Pennsylvania. 
 Mr. Wirt,in his life of Patrick Henry, says that Gallatin 
 was known and highly respected by that great orator. 
 In congress, he was considered the ablest financier that 
 had appeared in this country. He made that science 
 a constant study ; and his countrymen had made more 
 advancement in political economy than most other 
 nations. Scientific and accurate beyond all around 
 him, his opinions had great weight with all, even his 
 political opponents. Every appropriation bill he sifted 
 to the bottom, and not a dollar was expended without 
 his knowledge. In difficult times he was made secre 
 tary of the treasury, and sustained himself in that diffi 
 cult office. He was afterward minister plenipoten 
 tiary to France, and a commissioner in making the 
 treaty. In every office he has filled, he has shown 
 that he possessed extraordinary abilities. He has 
 often been attacked with great violence by his oppo 
 nents, charged with being unfriendly to the govern 
 ment ; but his whole conduct has answered and refu 
 ted these charges. At this time (1835) he is at the 
 head of a banking institution in the city of New- York, 
 in a vigorous old age, and takes an interest in all that 
 is passing. He was, while in Congress, eulogized in 
 the letters of Curtius, written by a young Virginian, 
 Mr. Thomson, and addressed to Chief Justice Mar 
 shall. Thomson s letters had a surprising circulation 
 
LIFE OF COLONEL BURR. 81 
 
 in Virginia, and were highly applauded in that section 
 of the country ; but at the east they were considered 
 as being written in a style too luxuriant for grave mat 
 ters. Thomson died before he was tw r o and twenty 
 years old, and was eulogized by John Randolph as 
 the greatest genius he ever knew. ^The following 
 quotation from his letter addressed to Judge Marshall, 
 is a specimen of his writing. 
 
 " When I select the names of Gallatin, Livingston 
 and Nicholas, I am not unmindful of the merits and 
 talents of many other gentlemen. I have selected 
 them because they have been exposed to the most cruel 
 obloquies of your party. Mr. Gallatin has been perse 
 cuted with all the detestable rancour of envy and 
 malice. The accuracy of his information, the extent 
 of his knowledge, the perspicuity of his style, the mo 
 deration of his temper, and the irresistible energy of 
 his reasoning powers, render him the ablest advocate 
 that ever appeared in the cause of truth and liberty. 
 Patient and persevering, temperate and firm, no error 
 escapes his vigilance, no calumny provokes his pas 
 sions. To expose the blunders and absurdities of his 
 adversaries is the only revenge which he will con 
 descend to take for their insolent invectives. Serene 
 in the midst of clamours, he exhibits the arguments of 
 his opponents in their genuine colours, he divests 
 them of the tinsel of declamation and the cobwebs of 
 sophistry, he detects the most plausible errors, he ex 
 poses the most latent absurdities, he holds the " mirror 
 up" to folly, and reasons upon every subject with the 
 readiness of intuition, and the certainty of demonstra 
 tion. Elevated above the intrigues of parties, and the 
 weaknesses of the passions, he is never transported 
 
82 LIFE OF COLONEL BURR. 
 
 into any excess by the zeal of his friends or the viru 
 lence of his enemies. His object is the happiness of 
 the people, his means economy, liberty and peace, his 
 guide the constitution. The sympathies which fasci 
 nate the heart and mislead the understanding, have 
 never allured him from the arduous pursuit of truth, 
 through her most intricate mazes. Never animated 
 by the impetuous and turbulent feelings which agitate 
 popular assembles, he preserves, in the midst of con 
 tending factions, that coolness of temper, and that ac 
 curacy of thought, which philosophy has hitherto 
 claimed as the peculiar attribute of her closest medita 
 tions. He unites to the energy of eloquence, and the 
 confidence of integrity, the precision of mathematics, 
 the method of logic, and the treasures of experience. 
 His opponents slander him and admire him ; they 
 assail him with ignorant impertinence and pitiless 
 malice, and yet they feel that he is the darling of phi 
 losophy, the apostle of truth, and the favourite votary 
 of liberty. Their hatred, like the rebellion of Satan, 
 proceeds from the impatience of any superiority. 
 There is a daily beauty in his life which makes them 
 ugly. Instead of imitating his excellence, they at 
 tempt to conceal it by a mass of obloquy ; instead of 
 reverencing his unparalleled wisdom and virtue, they 
 sharpen the dagger of falsehood, and prepare the 
 poisoned arrows of envy. The men who are support 
 ed by a foreign faction, have the effrontery to vilify 
 him because he is a foreigner. Virtue and genius are 
 not peculiar to America. They have flourished in 
 every country, and in every age. The merits of men 
 are not to be ascertained by geograpical boundaries. 
 The mind has no country but the universe. Patriotism 
 
LIFE OF COLONEL BURR. 83 
 
 is not a narrow and illiberal prejudice in favour of the 
 soil upon which we happened to be born. It is a 
 rational and noble attachment to the country which 
 gives us protection, and which secures our happi 
 ness. It is not incompatible with universal phi 
 lanthropy ; on the contrary, it is a modification 
 of benevolence, softened by society and strength 
 ened by gratitude. Mr. Gallatin is attached to the 
 constitution because it is free, to the people because 
 they are generous and amiable, and to the country be 
 cause he has found in it an asylum from oppression 
 and misery. Are not these ties at least as binding as 
 the shackles of prejudice and habit ? But the conduct 
 of Mr. Gallatin is his best vindication. This foreigner 
 has defended the constitution against the attacks of 
 native Americans, and has displayed a noble ardour 
 in the defence of his adopted country, whilst many of 
 her sons repose inH^glorious apathy, and whilst others 
 assail her with detestable treachery and unnatural 
 hatred. I will not compare your political conduct 
 with that of this much vilified foreigner. I promised 
 to avoid acrimony of censure, and I should violate that 
 promise if I began this comparison. I have performed 
 the duty which I undertook to discharge. The people 
 will decide between us. It is for them to determine 
 whether I have convicted you of insincerity and de 
 ception, and whether I have demonstrated that your 
 opinions are incompatible with their happiness, and 
 with a genuine attachment to a republican govern 
 ment. Their decision will be fatal to you, or disgrace 
 ful to me. It seldom happens that both the accused 
 and accuser are acquitted of blame. I hope that 1 
 shall not be convicted of having borne false testimony 
 
84 LIFE OF COLONEL BURIt. 
 
 against you ; but if the public adopt this opinion, I 
 shall find complete consolation in the honesty of my 
 intentions. There is nothing which could shake my 
 fortitude but the reproaches of the people, and yet I 
 believe that even amidst their execrations, I should 
 find * in my soul a drop of patience. 
 
 " Timid men will wonder at the boldness with which 
 1 have addressed you. Their frigid souls cannot com 
 prehend the holy enthusiasm which animates me in 
 the cause of truth and justice. Whilst they anxiously 
 estimate diffiulties, and meanly calculate dangers, I 
 will follow the sacred impulse of conscience and zeal, 
 even if it leads to ruin and martyrdom. I am pre 
 pared to encounter the rage of the numerous and 
 powerful party who idolize you. Their vengeance 
 will pursue me through life, and yet I would not sup 
 press or soften a word for all the applauses and all the 
 honours which they can bestow .g^ 
 
 From looking over the votes and conduct of Colonel 
 Burr, it seems that he did not own himself as a parti 
 san of either the federalists or democrats ; in fact, it 
 was always known that he cherished no partiality for 
 democracy when he was a candidate for the first 
 or second office in the United States. There were 
 men of all parties who wished to see Colonel Biarr 
 elected to the presidency. They wished for a man 
 " fit alike for the field or the closet," and in him that 
 man was to be found. He had discovered as fearless a 
 spirit in the senate as in the field. His grasp was 
 large, and he was as indefatigable as brave and philo 
 sophical. When the votes for president were opened 
 for the fourth election, the votes stood, 73 for Thomas 
 Jefferson, 73 for Aaron Burr, for John Adams 65, for 
 
LIFE OF COLONEL BURR. 85 
 
 Charles C. Pinckney 54. The house of representa 
 tives was now under the necessity, according to the 
 constitution, to decide by vote between Mr. Jefferson 
 and Mr. Burr, who should be president and who should 
 be vice president. The federalists, in general, pre 
 ferred Colonel Burr ; they thought, to use the lan 
 guage of one of their orators, that he was a greater 
 and a better man than Mr. Jefferson. General Hamil 
 ton, who had great influence with his party, was oppo 
 sed to Colonel Burr. He was strongly impressed with 
 the talents of Colonel Burr, but this federal leader s 
 imagination was diseased with apprehensions of his 
 ambition, and he thought that the country had better 
 be amused with the dreams of philosophy than taught 
 to become military. The delegations of the states, in 
 the house of representatives, were a long time in de 
 ciding the question between the two candidates ; and 
 it is well known that Colonel Burr could have decided 
 the question at once if he would have pledged himself 
 in any way to the federalists. This he would not do. 
 His enemies, some time afterward, charged him with 
 intriguing with the members, but this has been amply 
 refuted. 
 
 The government being organized, Mr. Jefferson as 
 president, and Mr. Burr as vice president, on taking 
 his seat as president of the senate, he made a speech to 
 this body, pointing out the course he should pursue in 
 the despatch of busines s. It was soon found that he was 
 master of the rules and orders of the senate, and every 
 parliamentary usage ; and no man has ever made a 
 better presiding officer. He was punctual, courteous, 
 discerning, and ever ready to give the debate a gentle 
 manly direction, and the business a proper course. 
 
86 LIFE OF COLONEL BURR. 
 
 There are many grave and wise men who come into the 
 senate of the United States without any experience iri 
 Iegislation 5 and generally, too, of an age in which they 
 find it hard to acquire rules and orders. A presiding 
 officer has many opportunities of assisting them in 
 correct procedure. This was done by Colonel Burr, 
 without any regard to party. He was a man of taste 
 and fine manners, and always came well dressed into 
 the senate chamber, and insisted that all the members 
 should be attentive to their dress and their manners, 
 and seldom indeed was this regulation infringed upon. 
 Colonel Burr presided on the trial of Judge Chase. 
 On the 5th of January, 1804, a resolution was offered 
 that a committee be appointed to inquire into the offi 
 cial conduct of Samuel Chase, an associate judge of 
 the Supreme Court of the United States. The reso 
 lution passed by a large majority, 79 to 37. The 
 newspapers took up the subject and tried, the case ; 
 some condemning and more acquitting the judge. On 
 the 12th of the following March, the committee of in 
 quiry reported, and Judge Chase lost no time in send 
 ing a memorial to the house, requesting that articles 
 of impeachment might be formed, and that he be put 
 on his trial, for this state of things was insufferable. 
 Articles of impeachment, to the number of seven, were 
 presented to the senate, and a trial of Samuel Chase 
 demanded. Mr. John Randolph, lately deceased, was 
 chairman of the managers, on the part of the house, 
 assisted by Messrs. Rodney, Nicholson, Early and 
 Nelson. On the 25th of January, 1805, the senate 
 chamber was put in fine order by the direction of the 
 president of the court. It was the first trial of the 
 kind that had ever taken place in the country, and he 
 
LIFE OF COLONEL BURR. 87 
 
 wished that it should be conducted in the best possible 
 manner. The court was opened in the old Norman 
 style, O yez, O yez, O yez, &c. The judge was call 
 ed before the court, and he appeared, with his counsel, 
 Luther Martin, R. G. Harper and Joseph Hopkinson. 
 The articles, although seven in number, contained, in 
 fact, nothing more than some misdemeanours or irregu 
 larities in several state trials, those of Fries, Callen- 
 der, and others. After hearing the answers to the 
 articles by Judge Chase, the court adjourned, to meet 
 on the 9th of February, when Mr. Randolph opened 
 the case, and proceeded to examine his witnesses. On 
 the 15th, Mr. Harper opened the defence. The court 
 met, from day to day, until the first of March, 1805, 
 when the trial ended in the acquittal of Judge Chase. 
 The talents of the managers, and the still greater repu 
 tation of the counsel for the respondent, as well as the 
 novelty of the trial, attracted a great concourse of 
 spectators. A place was allotted to the ladies, who 
 flocked to hear the eloquence of the speakers on both 
 sides. Mr. Randolph was unfortunately out of his 
 element. He was no lawyer, nor had he ever, for a 
 moment, disciplined his mind to a business course in 
 any thing. He spoke to but little purpose. He em 
 barrassed his colleagues ; and his satire, generally so 
 pungent, was misplaced, and of course pointless. The 
 other managers proceeded with regularity and correct 
 ness, and displayed no ordinary intelligence. The 
 arguments in defence of Judge Chase will long be held 
 in high estimation, as specimens of our forensic elo 
 quence. They were shrewd, forcible, clear orations. 
 Judge Chase was acquitted, as he should have been ; 
 but his trial was a great benefit to the nation. Our 
 8 
 
88 LIFE OF COLONEL BURR. 
 
 judges, throughout the whole country, had practised 
 a coarse, gruff, haughty manner, as they thought, cal 
 culated to preserve their dignity. Every inferior judge 
 assumed an air of wisdom, and often dealt out crude, 
 illegal decisions, in wretched English, with all the so 
 lemnity of an oracle. Republicans as we were, we sub 
 mitted to it for a long while, but it became unsupport- 
 able to the well educated young lawyer, who saw and 
 despised this relict of an aristocratic and Gothic age. 
 Judge Chase, although an enlightened man, carried 
 this manner beyond all his brothers of the bench, and 
 was not too much punished for his folly. Colonel 
 Burr, as president of the court, set the judge an ex 
 ample which was not without its effect on him and 
 others. He was precise, attentive to the minutest 
 point of etiquette ; but no high toned voice, nor sharp 
 worded sentence, was heard from his lips. He deci 
 ded every question with coolness, and promptitude, 
 and impartiality. He had made himself master of 
 every rule, order, or ceremony in a state trial, and ad 
 hered to them so strictly that he left no room for cavil. 
 During the whole trial, a spectator informed me, that 
 he never heard any thing more than a whisper from the 
 senators or the audience. There were several per 
 sons among the audience who had witnessed some 
 portion of the trial of Warren Hastings, and who dis 
 tinctly avowed that the vice president presided at the 
 trial of Judge Chase with more dignity than the lord 
 chancellor, in the trial of the governor general of Ben 
 gal. The proceedings in this trial have been con- 
 ^dered as authority ever since, in all the states 
 which had occasion to call together a court of im 
 peachment. The ease and dignity of an intellectual, 
 
UN1VERS TY J 
 
 ^^ZUFE OF COLONEL BURR. 89 
 
 learned judge, gives counsel, witnesses, jurymen and 
 parties, great confidence in the elevation and purity of 
 judicial tribunals ; while moroseness, captiousness and 
 affected dignity, agitates, in a greater or less degree, 
 every minister of justice. 
 
 It was soon discovered, after Mr. Jefferson came 
 into power as chief magistrate, that he felt a deep re 
 sentment to Colonel Burr, for having suffered himself 
 to be voted for as president in the house of represen 
 tatives, and every one of the president s friends, in a 
 measure, became opposed to the vice president^ 
 There was a general belief that he would not be a can 
 didate for the office a second term ; in fact, this situa 
 tion was not sufficiently active for one so full of life 
 and energy as Colonel Burr. This his friends saw, 
 and proposed to him to suffer himself to be a candi 
 date for the office of governor of the state of New- 
 York. The contest was a fierce one, and the friends 
 of Colonel Burr were defeated. This was not all ; 
 probably the personal rencontre between him and 
 General Hamilton grew directly out of the political 
 excitement at this period. It is with no slight em 
 barrassment that I touch upon this affair. The ter 
 mination of that duel, and the great space General 
 Hamilton held in the eyes of a respectable portion of 
 the people, made it an affecting and a memorable 
 erent. The feelings of the people, at that time, were 
 generally enlisted on the side of Hamilton. The 
 newspapers, from Georgia to Maine, were full of la 
 mentations on his fall, and not a few of them indulged in 
 severe and unfounded remarks upon Colonel Burr. 
 The papers, however, were not so severe as the ser- 
 monizers on the occasion. 
 
90 LIFE OF COLONEL BURR. 
 
 Throwing aside all the language of grief or indigna 
 tion of that period, I shall, as a historian of the fact, 
 meet the subject without fear or prejudice. They 
 were both soldiers of the revolution, and had formed 
 their ideas of honour in camps, and such as they had 
 received from the pages of classical history, or at least 
 from the ages of chivalry. Both were scholars, and 
 deeply imbued with notions of heroism. At the time 
 when the event happened, duelling was greatly in 
 fashion, and so frequently sanctioned by men of the 
 first standing, that there were but few distinguished 
 individuals in the community in which these combat 
 ants lived, that had not, direetly or indirectly, beeu 
 engaged in an affair of honour. It will not be denied 
 that General Hamilton, in his zeal in politics, had in 
 dulged himself in severe remarks upon the character 
 and conduct of his political antagonists, and among 
 others upon Colonel Burr. This had frequently 
 reached the ears of Colonel Burr ; but at last it came 
 too directly for him to bear it any longer. On the 
 18th of June, 1804, Colonel Burr sent General Hamil 
 ton the following nc4e, which, with all the others that 
 passed between them and their seconds, I have taken 
 from the pamphlet which was issued from the press of 
 William Coleman, editor of the Evening Post, and the 
 warm friend of General Hamilton. Their genuine 
 ness cannot for a moment be questioned. Each 
 reader will draw his own inferences from the faets> 
 but it would be flinching in the writer not to express 
 an opinion that the subject of this memoir was no more 
 to blame than his opponent,. 
 
LIFE OP COLONEL BURR. 91 
 
 NEW- YORK, June 18, 1804. 
 
 SIR I send for your perusal a letter signed Charles 
 D. Cooper, which, though apparently published some 
 time ago, has but very recently come to my know 
 ledge. Mr. Van Ness, who does me the favour to 
 deliver this, will point out to you that clause of the 
 letter to which I particularly request your attention. 
 You must perceive, sir, the necessity of a prompt 
 and unqualified acknowledgment or denial of the use 
 of any expression which would warrant the assertions 
 of Dr. Cooper. 
 
 I have the honour to be 
 
 Your obedient servant, 
 Gen. HAMILTON, A. BURR. 
 
 NEW- YORK, June 20, 1804. 
 
 SIR I have maturely reflected on the subject of 
 your letter of the 18th inst, and the more I have re 
 flected, the more I have become convinced that I 
 could not, without manifest impropriety, make the 
 avowal or disavowal which you seem to think neces 
 sary. The clause pointed out by Mr. Van Ness, is 
 in these terms : "J could detail to you a still more des 
 picable opinion which General Hamilton has expressed 
 of Mr. Burr." To endeavour to discover the meaning 
 of this declaration, I was obliged to seek, in the ante 
 cedent part of this letter, for the opinion to which it 
 referred, as having been already disclosed. I found it 
 in these words : " General Hamilton and Judge Kent 
 have declared in substance, that they looked upon Mr. 
 Burr to be a dangerous man, and one who ought not 
 to be trusted with the reins of government. 
 8* 
 
92 P LIFE OP COLONEL BUKI?. 
 
 The language of Dr. Cooper plainly implies, that lie 
 considered this opinion of you which he attributes to 
 me as a despicable one ; but he affirms that I have ex 
 pressed some other, more despicable, without, how 
 ever, mentioning to whom, when, or where.. Tis 
 evident, that the phrase " still more despicable," admits 
 of infinite shades, from very light to. very dark. How 
 am I to judge of the degree intended 1 or how shall I 
 annex any precise idea to- language so indefinite I 
 Between gentlemen, despicable and more despicable 
 are not worth the pains of distinction i when, there 
 fore, you do not interrogate me, as to the opinion 
 which is specifically ascribed to me, I must conclude, 
 that you view it as within the limits to which the an 
 imadversions of political opponents upon each other 
 may justifiably extend, and, consequently, as not war 
 ranting the idea of it which Dr. Cooper appears to 
 entertain. If so, what precise inference could you 
 draw, as a guide for your conduct, were I to acknow 
 ledge that I had expressed an opinion of you still more 
 despicable than the one which is particularized 1 How 
 could you be sure that even this opinion had exceeded 
 the bounds which you would yourself deem admissi 
 ble between political opponents I 
 
 But I forbear further comment on the embarrass 
 ment to which the requisition you have made natu 
 rally leads. The occasion forbids a more ample illus 
 tration, though nothing could be more easy than to 
 pursue it. 
 
 Repeating, that I cannot reconcile it with propriety 
 to make the acknowledgment or denial you desire, I 
 will add, that I deem it inadmissible on principle, to 
 consent to be interrogated as to the justness of the in- 
 
LIFE OF COLONEL BURR. 93 
 
 ferences which may be drawn by others from what 
 ever I may have said of a political opponent, in the 
 course of fifteen years competition. If there were no 
 other objection to it, this is sufficient, that it would 
 tend to expose my sincerity and delicacy to injurious 
 imputation from every person who may, at any time, 
 have conceived the import of my expressions, diffe 
 rently from what I may then have intended, or may 
 afterwards recollect. I stand ready to avow or dis 
 avow, promptly and explicitly, any precise or definite 
 opinion which I may be charged with having declared 
 of any gentleman. More than this eannot fitly be ex 
 pected from me ; and especially, it cannot be reason 
 ably expected, that I shall enter into an explanation 
 upon a basis so vague as that which you have adopt 
 ed. I trust, on more reflection, you will see the mat 
 ter in the same light with me. If not, I can only re 
 gret the circumstance, and must abide the conse 
 quences. 
 
 The publication of Dr. Cooper was never seen by 
 me till after the receipt of your letter. 
 
 I have the honour to be, &c., 
 
 Col. BURR* A. HAMILTON. 
 
 NEW- YORK, 21st June, 1804. 
 
 SIR Your letter of 20th inst., has been this day 
 received. Having considered it attentively, I regret 
 to find in it nothing of that sincerity and delicacy 
 which you profess to value. 
 
 Political opposition can never absolve gentlemen 
 from the necessity of a rigid adherence to the laws of 
 honour, and the rules of decorum. I neither claim 
 such privilege nor indulge it in others. The common 
 
94 LIFE OF COLONEL BURR. 
 
 sense of mankind affixes to the epithet adopted by Dr. 
 Cooper, the idea of dishonour. It has been publicly 
 applied to me under the sanction of your name. The 
 question is not, whether he has understood the mean 
 ing of the word, or has used it according to syntax, 
 and with grammatical accuracy, but whether you have 
 authorized this application, either directly, or by utter 
 ing expressions or opinions derogatory to my honour. 
 The time " when" is in your own knowledge, but no 
 way material to me, as the calumny has now first been 
 disclosed, so as to become the subject of my notice, 
 and as the effect is present and palpable. Your letter 
 has furnished me with new reasons for requiring a 
 definite reply. 
 
 I have the honour to be, 
 
 Sir, your obedient, 
 Gen. HAMILTON. A. BURR. 
 
 " On Saturday, the 22d of June, General Hamilton, 
 for the first time, called on Mr. Pendleton, and com 
 municated to him the preceding correspondence. He 
 informed him that in a conversation with Mr. Van 
 Ness at the time of receiving the last letter, he told 
 Mr. Van Ness that he considered the letter as rude 
 and offensive, and that it was not possible for him to 
 give it any other answer than that Mr. Burr must take 
 such steps as he might think proper. He stated far 
 ther, that Mr. Van Ness requested him to take time 
 to deliberate, and then return an answer, when he 
 might possibly entertain a different opinion, and that 
 he would call on him to receive it. That his reply to 
 Mr. Van Ness was, that he did not perceive it possi 
 ble for him to give any other answer than that he 
 
LIFE OF COLONEL BURR. 95 
 
 mentioned, unless Mr. Burr would take back his letter, 
 and write one which would admit of a different reply. 
 He then gave Mr. Pendleton the letter hereafter men 
 tioned of the 22d June, to be delivered to Mr. Van 
 Ness when he should call on Mr. Pendleton for an an 
 swer, and went to his country house. The next day 
 General Hamilton received, while there, the following 
 letter :" 
 
 June 23, 1804. 
 
 SIR In the afternoon of yesterday I reported to 
 Colonel Burr the result of my last interview w r ith you, 
 and appointed the evening to receive his further in 
 structions. Some private engagements, however, 
 prevented me from calling on him till this morning. 
 On my return to the city I found, upon inquiry, both 
 at your office and house, that you had returned to 
 your residence in the country. Lest an interview 
 there might be less agreeable to you than elsewhere, 
 I have taken the liberty of addressing you this note, 
 to inquire when and where it will be most convenient 
 to you to receive a communication* 
 
 Your most obedient, and 
 
 Very humble servant, 
 Gen. HAMILTON. W. P. VAN NESS, 
 
 NEW- YORK, June 22d, 1804. 
 SIR Your first letter, in a style too peremptory,, 
 made a demand, in my opinion, unprecedented and 
 unwarrantable. My answer, pointing out the embar 
 rassment, gave you an opportunity to take a less ex 
 ceptionable course. You have not chosen to do it ; 
 but by your last letter, received this day, containing 
 expressions indecorous and improper, you have in- 
 
96 LIFE OF COLONEL BURR. 
 
 creased the difficulties to explanation intrinsically in 
 cident to the nature of your application. 
 
 If by a " definite reply," you mean the direct avow 
 al or disavowal required in your first letter, I have no 
 other answer to give than that which has already been 
 given. If you mean any thing different, admitting of 
 greater latitude, it is requisite you should explain. 
 I have the honour to be, 
 
 Sir, your obedient servant, 
 
 AARON BURR, Esq. ALEX. HAMILTON. 
 
 SIR The letter which you yesterday delivered me, 
 and your subsequent communication, in Colonel Burr s 
 opinion, evince no disposition, on the part of General 
 Hamilton, to come to a satisfactory accommodation. 
 The injury complained of, and the reparation expect 
 ed, are so definitely expressed in Colonel Burr s letter 
 of the 21st inst., that there is not perceived a necessi 
 ty for further explanation on his part. The difficulty 
 that would result from confining the inquiry to any 
 particular times and occasions must be manifest. The 
 denial of a specified conversation only, would leave 
 strong implications that on other occasions improper 
 janguage had been used. When and where injurious 
 opinions and expressions have been uttered by Gene 
 ral Hamilton must be best known to him, and of him 
 only will Colonel Burr inquire. No denial or declara 
 tion will be satisfactory, unless it be general, so as 
 wholly to exclude the idea that rumours derogatory to 
 Colonel Burr s honour have originated with General 
 Hamilton, or have been fairly inferred from any thing 
 he has said. A definite reply to a requisition of this 
 nature was demanded by Colonel Burr s letter of the 
 
LIFE OF COLONEL BURR. 97 
 
 Slstinst. This being refused, invites the alternative 
 alluded to in General Hamilton s letter of the 20th. 
 
 It was required by the position in which the contro 
 versy was placed by General Hamilton on Friday* 
 last, and I was immediately furnished with a commu 
 nication demanding a personal interview. The ne 
 cessity of this measure has not, in the opinion of Colo 
 nel Burr, been diminished by the General s last letter, 
 or any communication which has since been received. 
 I am consequently again instructed to deliver you a 
 message, as soon as it may be convenient for you to 
 receive it. I beg, therefore, that you will be so good 
 as to inform me at what hour I can have the pleasure 
 of seeing you. 
 
 Your most obedient and 
 
 Very humble servant, 
 
 W. P. VAN NESS. 
 NATHANIEL PENDLETON, Esq. 
 June 26th. 
 
 26th June, 1804. 
 
 SIR I have communicated the letter which you 
 did me the honour to write to me of this date, to Gene 
 ral Hamilton. The expectations now disclosed on 
 the part of Colonel Burr, appear to him to have greatly 
 extended the original ground of inquiry , and instead of 
 presenting a particular and definite case for explana 
 tion, seem to aim at nothing less than an inquisition 
 into his most confidential conversations, as well 
 as others, through the whole period of his acquaint- 
 
 June 22. 
 
98 LIFE OP COLONEL BURR. 
 
 ance with Colonel Burr. While he was prepared to meet 
 the whole case fairly and fully, he thinks it inadmissi 
 ble that he should be expected to answer at large as 
 to every thing that he may possibly have said in rela 
 tion to the character of Colonel Burr, at any time, or 
 upon any occasion. Though he is not conscious that 
 any charges which are in circulation to the prejudice 
 of Cdlonel Burr have originated with him, except one 
 which may have been so considered, and which has 
 long since been fully explained between Colonel Burr 
 and himself, yet he cannot consent to be questioned 
 generally as to any rumours which may be afloat de 
 rogatory to the character of Colonel Burr, without 
 specification of the several rumours, many of them 
 probably unknown to him. He does not, however, 
 mean to authorize any conclusion as to the real na 
 ture of his conduct in relation to Colonel Burr, by his 
 declining so loose and vague a basis of explanation, and 
 he disavows an unwillingness to come to a satisfacto 
 ry, provided it be an honourable accommodation. 
 His objection is, the very indefinite grounds which 
 Colonel Burr has assumed, in which he is sorry to be 
 able to discern nothing short of predetermined hostility. 
 Presuming, therefore, that it will be adhered to, he has 
 instructed me to receive the message which you have 
 it in charge to deliver. For this purpose I shall be 
 at home, and at your command, to-morrow morning 
 from eight to ten o clock. 
 
 I have the honour to be, 
 
 Respectfully, your obedient servant, 
 
 NATHANIEL PENDLETO*. 
 W*. P. VAN NESS, Esq. 
 
LIFE OF COLONEL BURR. 99 
 
 SIR The letter which I kad the honour to receive 
 from you, under date of yesterday, states, among other 
 things, that in General Hamilton s opinion, Colonel 
 Burr has taken a very indefinite ground, in which he 
 evinces nothing short of predetermined hostility, and 
 that General Hamilton thinks it inadmissible that the 
 inquiry should extend to his confidential as well as 
 other conversation. In this, Colonel Burr can only 
 reply, that secret whispers, traducing his fame, and 
 impeaching his honour, are, at least, equally injurious 
 with slanders publicly uttered; that General Hamil 
 ton had, at no time, and in no place, a right to use any 
 such injurious expression ; and that the partial nega 
 tive he is disposed to give, with the reservations he 
 wishes to make, are proofs that he has done the injury 
 specified. 
 
 Colonel Burr s request was, in the first instance, 
 proposed in a form the most simple, in order that 
 General Hamilton might give to the affair that course 
 to which he might be induced by his temper and his 
 knowledge of facts. Colonel Burr trusted with confi 
 dence, that from the frankness of a soldier and the 
 candour of a gentleman, he might expect an ingenuous 
 declaration ; that if, as he had reason to believe, 
 General Hamilton had used expressions derogatory 
 to his honour, he would have the magnanimity to re 
 tract them ; and that if, from his language, injurious 
 inferences had been improperly drawn, he would have 
 perceived the propriety of correcting errors, which 
 might have been thus widely diffused. With these 
 impressions, Colonel Burr was greatly surprised at re 
 ceiving a letter which he considered as evasive, and 
 which, in manner, he deemed not altogether decorous. 
 9 
 
100 LIFE OP COLONEL BURR. 
 
 In one expectation, however, he was not wholly de 
 ceived, for the close of General Hamilton s letter con 
 tained an intimation that if Colonel Burr should dislike 
 his refusal to acknowledge or deny, he was ready to 
 meet the consequences. This Colonel Burr deemed a 
 sort of defiance, and would have felt justified in making 
 it the basis of an immediate message. But as the com 
 munication contained something concerning the inde- 
 finitiveness of the request ; as he believed it rather 
 the offspring of false pride than of reflection ; and as 
 he felt the utmost reluctance to proceed to extremi 
 ties while any other hope remained, his request was 
 repeated in terms more explicit. The replies and 
 propositions, on the part of General Hamilton, have, 
 in Colonel Burr s opinion, been constantly in substance 
 the same. 
 
 Colonel Burr disavows all motives of predetermined 
 hostility, a charge by which he thinks insult is added 
 to injury. He feels as a gentleman should feel when his 
 honour is impeached or assailed ; and without sensa 
 tions of hostility or wishes of revenge, he is determi 
 ned to vindicate that honour at such hazard as the 
 nature of the case demands. 
 
 The length to which this correspondence has ex 
 tended, only tending to prove that the satisfactory re 
 dress, earnestly desired, cannot be obtained, he deems 
 it useless to offer any proposition except the simple 
 message which I shall now have the honour to de 
 liver. 
 
 I have the honour to be, with 
 
 Great respect, your obedient servant, 
 
 W. P. VAN NESS. 
 
 Wednesday morning, June 27, 1804. 
 
LIFE OF COLONEL BURR. 101 
 
 " With this letter a message was received, such as 
 was to be expected, containing an invitation which 
 was accepted, and Mr. Pendleton informed Mr. Van 
 Ness he should hear from him next day as to further 
 particulars. 
 
 " On Friday, the 6th of July, the circuit being closed, 
 Mr. Pendleton informed Mr. Van Ness that General 
 Hamilton would be ready at any time after the Sun 
 day following. On Monday, the particulars were 
 arranged. On Wednesday, the parties met at Wee- 
 hawk, on the Jersey shore, at 7 o clock, A. M. The 
 particulars of what then took place will appear from 
 the following statement, as agreed upon and corrected 
 by the seconds of the parties. 
 
 " Colonel Burr arrived first on the ground, as had 
 been previously agreed. When General Hamilton 
 arrived, the parties exchanged salutations, and the 
 seconds proceeded to make their arrangements. They 
 measured the distance, ten full paces, and cast lots for 
 the choice of position, as also to determine by whom 
 the word should be given, both of which fell to the 
 second of General Hamilton. The gentleman who 
 was to give the word, then explained to the parties 
 the rules which w r ere to govern them in firing, which 
 w r ere as follows : The parties being placed at their 
 stations, shall present and fire when they please. If 
 one fires before the other, the opposite second shall 
 say one, two, three, fire, and he shall then fire or lose 
 his fire. He then asked if they were prepared ; 
 being answered in the affirmative, he gave the word 
 present, as had been agreed on, and both parties pre 
 sented and fired in succession. The intervening time 
 is not expressed, as the seconds do not precisely agree 
 
102 LIFE OF COLONEL BURR. 
 
 on that point. The fire of Colonel Burr took effect, 
 arid General Hamilton almost instantly fell. Colonel 
 Burr then advanced toward General Hamilton, with 
 a manner and gesture that appeared to General Ham 
 ilton s friends to be expressive of regret, but, without 
 speaking, turned about and withdrew, being urged 
 from the field by his friend, as has been subsequently 
 stated, with a view to prevent his being recognised by 
 the surgeon and bargemen, who were then approach 
 ing. No further communication took place between 
 the principals, and the barge that carried Colonel 
 Burr immediately returned to the city. We conceive 
 it proper to add, that the conduct of the parties in this 
 interview, was perfectly proper, as suited the occa 
 sion." 
 
 Soon as the duel had been fought, Colonel Burr jour 
 neyed leisurely onward to the south, as if nothing had 
 happened to him or his fortunes. But he every where 
 expressed a regret that he should have been placed 
 in such a situation, particularly with a man for whose 
 talents he had no small share of respect, and towards 
 whom he cherished no enmities of any kind. But he 
 would not consent to be tamely assailed, whatever 
 might be the consequences. Colonel Burr wrote to- 
 Dr. Hosack, the distinguished physician and surgeon, 
 who was near the battle-field, to render his services to 
 whoever might be unfortunate, inquiring of him the 
 extent of the wound. This fact I have lately disco 
 vered, and on application to Dr. Hosack have been 
 favoured with a copy of the note. 
 
 " Mr. Burr s respectful compliments. He requests 
 Dr. Hosack to inform him of the present state of Ge- 
 
LIFE OF COLONEL BURR. 103 
 
 rteral H., and of the hopes which are entertained of his 
 recovery. 
 
 " Mr. Burr begs to know at what hour of the day 
 the Dr. may most probably be found at home, that he 
 may repeat his inquiries. He would take it very kind 
 if the Dr. would take the trouble of calling on him as 
 he returns from Mr. Bayard s. 
 
 "Thursday, 13th of July." 
 
 There is not a candid man now living who will 
 say that this affair of honour was followed by the 
 ordinary consequences of a duel. In previous cases 
 no notice had been taken of the event by the grand 
 jury, or jury of inquest, or, if the facts came before 
 them, there was no trial had of the supposed survi 
 ving party ; but in this case a jury of inquest was 
 called, which sat several days after the remains of 
 Hamilton had gone to the tomb, and at last were re 
 luctantly dragooned into a return of murder. This 
 was followed up by an indictment by the grand jury ; 
 but they did not venture to pursue the object of their 
 resentments. He journeyed until the meeting of con 
 gress in the autumn, and then took his seat as presi 
 dent of the senate, exhibiting the same composure and 
 firmness of nerve that he had always shown in that 
 body. 
 
 Colonel Burr took his leave of the senate in a very 
 impressive address. It has been stated by those who 
 were present on this occasion, that no speech they 
 ever heard was superior to it. As he seldom, or never, 
 wrote any thing he uttered in camp, court, or legisla 
 tive hall, I must take the best report of the speech 
 I can find, which is 
 9* 
 
104 LIFE OF COLONEL BURR. 
 
 From the Monthly Register and Review of the United State*. 
 
 The valedictory address to the senate, of Mr. Burr, 
 the late vice president, pronounced on the second of 
 this month, is represented as having been one of the 
 most dignified, sublime and impressive pieces of elo 
 quence ever uttered in a public assembly. It is not, 
 however, for its eloquence, but it is because it con 
 tains some observations upon the expediency of a strict 
 attention to rule and decorum in public proceedings, 
 so true, and so wise, as to deserve being kept in mind 
 by ail good citizens, that it is put upon record in this 
 work. The strict correctness of the report is not 
 here vouched for, but it is likely that there is no very 
 material error in it, since it seems to have received 
 pretty general assent. 
 
 Mr. Burr began by saying, that he had intended to 
 pass the day with them ; but the increase of a slight 
 indisposition, (sore throat,) had determined him, then, 
 to take his leave of them. He touched lightly on some 
 of the rules and orders of the house, and recommended, 
 in one or two points, alterations, of which he briefly 
 explained the reasons and principles. 
 
 He then said, he was sensible that he must, at times, 
 have wounded the feelings of individual members. 
 He had ever avoided entering into any explanation at 
 the time, because a moment of irritation was not the 
 moment of explanation ; because his situation (being 
 in the chair) rendered it impossible to enter into ex 
 planations without obvious danger of consequences, 
 which might hazard the dignity of the senate, or prove 
 disagreeable and injurious in more than one point of 
 view ; that he had, therefore, preferred to leave to their 
 
LIFE OF COLONEL BURR. 105 
 
 reflections his justification ; that on his part he had no 
 injuries to complain of; if any had been done or at 
 tempted, he was ignorant of the authors, and if he had 
 ever heard he had forgotten ; for he thanked God he 
 had no memory for injuries. He doubted not but that 
 they had found occasion to observe, that to be prompt, 
 was not, therefore, to be precipitate ; and to act with 
 out delay, was not always to act without reflection ; 
 that error was often to be preferred to indecision ; 
 that his errors, whatever they might have been, were 
 those of rule and principle, and not of caprice ; that it 
 could not be deemed ignorance in him to say, that in 
 his official conduct, he had known no party, no cause, 
 no friend ; that if, in the opinion of any, the discipline 
 which had been established approached to rigour, they 
 would, at least, admit that it was uniform and indis 
 criminate. 
 
 tTe further remarked, that the ignorant and unthink 
 ing affected to treat as unnecessary and fastidious, a 
 rigid attention to rules and decorum ; but he thought 
 nothing trivial which touched, however remotely, the 
 dignity of that body : he appealed to their experience 
 for the justice of this sentiment, and urged them, in, 
 language the most impressive, and in a manner the 
 most commanding, to avoid the smallest relaxation of 
 the habits which he had endeavoured to inculcate and 
 establish. 
 
 But he challenged their attention to considerations 
 more momentous than any which regarded merely 
 personal honour and character, the observation of the 
 law, of liberty, and the constitution. This house, said 
 he, is a sanctuary, and a citadel of law, of order, of 
 liberty ; and it is here, it is here, in this exalted re- 
 
106 LIFE OF COLONEL BURR. 
 
 fuge, here, if any where, will resistance be made to 
 the storms of popular frenzy, and the silent arts of cor 
 ruption ; and if the constitution be destined ever to 
 perish by the sacrilegious hands of the demagogue 
 or the usurper, (which God avert,) its expiring agonies 
 will be witnessed on this floor. 
 
 He then adverted to those afflicting sensations 
 which attended a final separation ; a dissolution, per 
 haps, for ever, of those associations which he hoped 
 had been mutually satisfactory. He consoled himself, 
 however, and them, with the reflections that, though 
 separated, they would be engaged in the common 
 cause of disseminating principles of freedom and 
 social order. He should always yegard the proceed 
 ings of that body with interest and with solicitude. 
 He should feel for their honour, and the national 
 honour, so intimately connected with it ; and he took 
 his leave with impressions of personal respect, and 
 with prayers and wishes, &c. 
 
 As the trial of Colonel Burr, for treason against the 
 United States, is one of the most extraordinary on the 
 records of criminal jurisprudence, it would be singular 
 if I were to pass it over without giving the reader some 
 brief history of the affair. At the close of the session 
 of congress, in the spring of 1805, he set out on a jour 
 ney to the western states, on a private enterprise, as 
 was stated and believed by General Wilkinson, in his 
 own defence before a court matial in 1811. As it is 
 well known that Colonel Burr was arrested and tried 
 on information given by General Wilkinson, his 
 explanation of the account, as far as it relates to facts, 
 must be taken as true, as far as they go. General 
 
LIFE OF COLONEL BURR; 107 
 
 Wilkinson says, that he received a letter from Colonel 
 Burr, dated on the 5th of April, 1805, relating to a 
 scheme of a canal at the falls of the Ohio; that, 
 in answer to this, Colonel Burr complained that 
 Wilkinson had written in cipher, as it was with diffi 
 culty that he could make it out. General Wilkinson.* 
 in his defence, goes on to show, by Captain Peters 
 letter, that Colonel Burr had a serious intention of 
 cutting the canal. On the 30th of July, 1805, Colonel 
 Burr, after he had left New-Orleans, wrote again to 
 General Wilkinson. These letters were written in a 
 plain and open, free manner, as, represented by Gene 
 ral Wilkinson, and as appears by examining them* 
 On the 10th of September following, Colonel Burr 
 visited General Wilkinson, and had much conversation 
 with him. On the 19th of the same month, Wilkinson 
 wrote to a friend to Colonel Burr, while the latter had 
 returned to the Atlantic states, and was spending the 
 winter months in Philadelphia. The letter written by 
 General Wilkinson, related to some plan of his to get 
 Colonel Burr elected as delegate from some of the 
 western territories, in order that he might, by his 
 talents and eloquence, wield the councils of the nation. 
 Nothing escaped from Colonel Burr on this subject ; 
 Wilkinson alone talks of it. It might have been 
 Colonel Burr s plan to get into congress. Wilkinson 
 wrote again in January, 1806; and also again on April 
 Oth. Up to this time, he seems not for a moment to 
 have suspected that Colonel Burr had any thing in 
 view but private enterprise, or, at most, to make some 
 preparation for taking an active part in the army, if 
 war should be declared by the United States against 
 Spain. This event was expected by all the poll- 
 
108 LIFE OF COLONEL BURR. 
 
 tieians of the day. The first blow, if war had been 
 declared, would have, perhaps, been decisive. Soon 
 after this last letter, General Wilkinson saw that the 
 public were watching his movements, and that intima 
 tions of his being in the pay of Spain were often made 
 in the newspapers, and that his situation was becom 
 ing critical, made a bold attempt to throw the whole 
 odium on the shoulders of Colonel Burr, who had then 
 lost much of his political popularity in the Atlantic 
 states ; but as it seldom happens in society, his repu 
 tation for exalted talents and unbounded power seem 
 ed to increase as his popularity declined. Wilkinson 
 saw that he was only to attribute vast plans and 
 treasonable purpose to Colonel Burr, and the world 
 would in general believe him without proof. They 
 thought, or were easily brought to believe, that no 
 thing short of empire would satisfy his ambition. He 
 knew also, that Mr. Jefferson was naturally a timid 
 man when arms or blood was mentioned, and that he 
 could easily disturb his nerves by suggestions of a 
 warlike conspiracy. 
 
 Having made up his mind what course to pursue, 
 he wrote to President Jefferson on the 20th and 21st 
 of October, 1806. From this time the newspapers 
 were filled with the subject of conspiracies on the 
 western waters, until the 27th of November following, 
 when the president s proclamation was issued. It con 
 tained a statement that it had been represented to him 
 that such a state of affairs existed in the western 
 country that the interference of the executive of the 
 United States was required. Although the pro 
 clamation was full of denunciations against treason, 
 with strong appeals to a sense of duty and patriotism, 
 
LIFE OF COLONEL BURR. 109 
 
 not a place where it existed is named, nor a single per 
 son charged with any manner of crime. It was gene 
 ral, calling on all magistrates, ministerial or military 
 officers, to suppress insurrections, and to apprehend 
 those engaged in acts of treason or misdemeanour 
 against the peace and dignity of the United States, 
 that they might be brought to condign punishment. 
 The whole proclamation was aimed against Colonel 
 Burr alone. These statesmen had moved on in har 
 mony together, until the election of president and 
 vice president in 1801, when Colonel Burr was the 
 rival of Mr. Jefferson, as we have before detailed in 
 these memoirs. This was a mortal offence, and was 
 not forgiven by the philosopher of Monticello. An 
 opportunity was now offered to show his ardent pa 
 triotism, and to destroy a rival. Fearing the civil 
 authority would not act with sufficient pliancy to the 
 purposes of the executive, the military were armed 
 with extraordinary powers to apprehend Colonel Burr, 
 and to bring him to Virginia for trial. Blannerhas set s 
 island, on the Ohio, happened to be within the limits of 
 Wood county in this commonweath, and there it was 
 hoped that something like an overt act of treason or 
 of a misdemeanour, would be proved. 
 
 On the 19th of February, 1807, Colonel Burr was 
 arrested by a military force on the Tombigbee river, 
 and brought to Richmond, in Virginia, on the evening 
 of the 26th of March, and remained under guard until 
 the 30th, when he was delivered over to the civil 
 authorities.* " Between the hours of twelve and one, 
 
 * See Appendix. 
 
110 LIFE OF COLONEL BURR. 
 
 (says the trial,) Major Scott, the marshal of the district 
 of Virginia, attended by two of his deputies, waited 
 on Colonel Burr, at his lodgings, at the Eagle tavern, 
 and informed him, in the most respectful -manner, of 
 the nature and object of his visit, conducted him 
 through an awfully silent and attentive assemblage of 
 citizens, to a retired room in the house, where he was 
 brought before Chief Justice Marshall for examination. 
 The counsel and a witness for the United States, the 
 counsel for the prisoner, the marshal and his deputies, 
 and a few friends invited by the counsel of Colonel 
 Burr, were alone admitted. This was not satisfactory 
 to the good citizens of Richmond, and, after a short 
 time, the court adjourned to the capital. The counsel 
 for the United States, Mr. Hay, adduced his testi 
 mony. It consisted of the copy of the record in the 
 case of Bollman and Swartwout ; also, the affidavits 
 of General Eaton and General Wilkinson, and some 
 others. Major Perkins stated verbally the manner of 
 the arrest of Colonel Burr. It was done by the as 
 sistance of soldiers from Fort Stoddart. Perkins 
 acknowledged, that in South Carolina, Colonel Burr 
 applied to several persons, whom he saw standing by 
 a tavern, for a civil magistrate ; but that he hurried 
 him on as quick as possible. This evidence being 
 offered, Mr. Hay submitted to the chief justice a mo 
 tion, in writing, for the commitment of the prisoner on 
 the two charges above mentioned. A discussion took 
 place, on the 31st of March, 1807, before the chief 
 justice. The counsel for the prosecution were Csesar 
 Augustus Rodney, attorney general of the United 
 States, and George Hay, attorney of the United States 
 for the district of Virginia. The counsel for Colonel 
 
LIFE OF COLONEL BURR. Ill 
 
 Burr, were Edmund Randolph and John Wickham. 
 As the crowd increased, the chief justice adjourned 
 the court to the hall of the house of delegates. Every 
 one was eager to catch every word that fell from 
 court or counsel, the whole scene was so novel and 
 astounding. " Mr, Hay moved that the prisoner should 
 be committed, in order to take his trial, in two charges 
 exhibited against him on the part of the United States. 
 First, for a high misdemeanour, in setting on foot, with 
 in the United States, a military expedition against the 
 dominions of the king of Spain, a foreign prince, with 
 whom the United States, at the time of the offence, 
 were, and still are, at peace. Second, for treason, in 
 assembling an armed force, with a design to seize the 
 city of New-Orleans, to revolutionize the territory 
 attached to it, and to separate the Atlantic from the 
 western states. 
 
 " He stated the first offence to be a violation of the 
 fifth section of an act of Congress, passed on the 5th 
 of June, 1794, entitled, an act in addition to the act 
 for the punishment of certain crimes against the United 
 States, continued for limited periods, by several suc 
 ceeding laws, and continued without limitation by an 
 act passed in 1799," He attempted to support the 
 charge by the letter of Colonel Burr to General Wil 
 kinson, and insisted that it showed probable cause to 
 suspect him of the offence. This attack was nothing 
 but declamation, prompted by executive influence. 
 Mr. Wickham and Mr. Randolph both replied to these 
 denunciations, stated the circumstances of the case, 
 and insisted that there was not a shadow of evidence 
 as to the alleged treason, and but few trivial circum 
 stances of any thing beside. Colonel Burr, who here- 
 10 
 
112 LIFE OF COLONEL BURR. 
 
 tofore had been quiet, now undertook to make a few 
 remarks to the court. No man, at any time or place, 
 was ever listened to with more profound attention. 
 His fame as a warrior in youth, his reputation at the 
 bar, his eloquence in the halls of legislation, in the 
 state of New- York, and in the senate of the United 
 States, his dignity as presiding officer in that august 
 body, as well as the stories told of him at that moment, 
 as having transpired on his journey of 1200 miles 
 through a wilderness, all created the most intense in 
 terest. His audience was, at that moment, a mercu 
 rial, high spirited people, who took sides on the ques 
 tion with great zeal and profound feeling. Colonel 
 Burr was then only forty-eight years of age, of a most 
 interesting personal appearance, not having lost a par 
 ticle of his energies of body or mind. His voice had, 
 by its distinctness and accuracy of pronunciation, 
 an extent and command through a large audience. 
 But the most singular circumstance, was his .entire 
 self-possession. In these observations, and through 
 the whole trial, he never, for a moment, forgot his 
 composure or equanimity, nor even uttered, in every 
 form of indignity which the creatures of power at 
 tempted to heap upon him, one high raised note, one 
 angry tone, or harsh expression. 
 
 Colonel Burr rose, he said, not to remedy any omis 
 sion of his counsel, who had done great justice to the 
 subject. He wished only to state a few facts, and to 
 repel some observations of a personal nature. The 
 present inquiry involved a simple question of treason 
 or misdemeanour. According to the constitution, trea- 
 san consisted in acts ; that an arrest could only be 
 justified by the suspicions of acts, whereas, in this case. 
 
LIFE OF COLONEL BURR. 113 
 
 his honour was invited to issue a warrant upon mere 
 conjecture ; that alarms existed without cause ; that 
 Mr. Wilkinson alarmed the president, and the presi 
 dent alarmed the people of Ohio. He appealed to 
 historical facts. No sooner did he understand that 
 suspicions were entertained in Kentucky of the nature 
 and design of his movements, than he hastened to meet 
 an investigation. The prosecution not being prepared, 
 he was discharged. That he then went to Tennessee. 
 While there he heard that the attorney for the district 
 of Kentucky was preparing another prosecution 
 against him ; that he immediately returned to Frank 
 fort, presented himself before the court, and again was 
 honourably discharged ; that what happened in the 
 Mississippi territory was equally well known ; that 
 there he w r as not only acquitted by the grand jury, 
 but they went farther, and censured the conduct of 
 that government; and if there had been really any 
 cause of alarm, it must have been felt by the people of 
 that part of the country ; that the manner of his de 
 scent down the river, was a fact which put at defiance 
 all rumours about treason or misdemeanour ; that the 
 nature of his equipments clearly evinced that his object 
 was purely peaceable and agricultural ; that this fact 
 alone ought to overthrow the testimony against him ; 
 that his designs were honourable, and would have been 
 useful to the United States. His flight, as it was 
 termed, had been mentioned as evidence of guilt. He 
 asked, at what time did he fly ? In Kentucky he in 
 vited inquiry, and that inquiry terminated in a firm 
 conviction of his innocence ; that the alarms were at 
 first great in the Mississippi territory, and orders had 
 been issued to seize and destroy the persons and pro- 
 
114 LIFE OF COLONEL BURR. 
 
 perty of himself and party ; that he endeavoured to 
 undeceive the people, and convince them that he had 
 no designs hostile to the United States, but that twelve 
 hundred men were in arms for a purpose not yet de 
 veloped ; the people could not be deceived ; and he 
 was acquitted, and promised the protection of the 
 government ; but the promise could not be performed ; 
 the anii of military power could not be resisted ; that 
 he knew there were military orders to seize his person 
 and property, and transport him to a distance from 
 that place ; that he was assured by the officer of an 
 armed boat, that it was lying in the river ready to re 
 ceive him on board. Was it his duty to remain there 
 thus situated ? That he took the advice of his best 
 friends, pursued the dictates of his own judgment, and 
 abandoned a country where the laws ceased to be the 
 sovereign power ; that the charge stated in a hand 
 bill, that he had forfeited his recognisance, was false ; 
 that he had forfeited no recognisance ; if he had for 
 feited any recognisance, he asked, why no proceedings 
 had taken place for the breach of it ? If he was to be 
 prosecuted for such breach, he wished to know why 
 he was brought to this place ? Why not carry him 
 to the place where the breach happened ? That more 
 than three months had elapsed since the order of 
 government had issued to seize and bring him to that 
 place ; yet it was pretended, that sufficient time had 
 not been allowed to adduce testimony in support of 
 the prosecution. He asked, why the guard who eon- 
 ducted him to that place, avoided every magistrate on 
 the way, unless from a conviction that they were act 
 ing without lawful authority ? Why had he been de 
 barred the use of pen f ink, and paper, and not even 
 
LIFE OF COLONEL BURR. 115 
 
 permitted to write to his daughter ? That in the state 
 of South Carolina, where he happened to see three 
 men together, he demanded the interposition of the 
 civil authority ; that it was from military despotism, 
 from the tyranny of a military escort, that he wished 
 to be delivered, not from an investigation into his con 
 duct, or from the operation of the laws of his country. 
 He concluded, that there were three courses that 
 might be pursued, an acquittal, or a commitment for 
 treason, or for a misdemeanour ; that no proof existed 
 in support of either, but what was contained in the 
 affidavits of Eaton and Wilkinson, abounding in crudi 
 ties and absurdities. 
 
 Mr. Hay followed Mr. Rodney, but his argument 
 was principally confined to the question of bail. " He 
 observed, that if the judge should be of opinion that 
 the prisoner ought to be admitted to be put on his 
 trial, and that he might be admitted to bail, he wished 
 to make some observations on the amount of the sum 
 in which the recognisance should be taken." He 
 acknowledged that it was discretionary with the judge 
 as for what offence he should be tried, for treason or 
 misdemeanour, or whether he should be admitted to 
 bail or not. The chief justice answered, that he cer 
 tainly would give him an opportunity to make all the 
 observations he desired, and that he intended to deliver 
 his own opinion in writing, to prevent any misrepre 
 sentations of expressions which might fall from him. 
 
 On Wednesday, April 1, 1807, the chief justice de 
 livered his opinion, in the presence of a numerous au 
 dience : 
 
 I am required on the part of the attorney for the 
 United States to commit the accused, on twcfeharges : 
 10* 
 
116 LIFE OF COLONEL BURR. 
 
 1st. For setting on foot and providing the means 
 for an expedition against the territories of a nation 
 at peace with the United States. 
 
 2d. For committing high treason against the United 
 States. 
 
 On an application of this kind I certainly should not 
 require that proof which would be necessary to con 
 vict the person to be committed, on a trial in chief ; 
 nor should I even require that which should absolute 
 ly convince my own mind of the guilt of the accused : 
 but I ought to require, and I should require, that pro 
 bable cause be shown ; and I understand probable 
 cause to be a case made out by proof furnishing good 
 reason to believe that the crime alleged has been com 
 mitted by the person charged with having commit 
 ted it. 
 
 I think this opinion entirely reconcileable with that 
 quoted from judge Blackstone. When that learned 
 and accurate commentator says, that " if upon an in 
 quiry it manifestly appears that no such crime has 
 been committed, or that the suspicion entertained of 
 the prisoner was wholly groundless, in such cases only 
 it is lawful totally to discharge him, otherwise he must 
 be committed to prison, or give bail." I do not un 
 derstand him as meaning to say, that the hand of ma 
 lignity may grasp any individual against whom its 
 hate may be directed, or whom it may capriciously 
 seize, charge him with some secret crime, and put him 
 on the proof of his innocence.* But I understand that 
 the foundation of the proceeding must be a probable 
 
 * The chief justice explicitly stated to the reporters, that, in making the 
 above observations, he had no allusion to the conduct of the government 
 
LIFE OF COLONEL BURR. 117 
 
 cause to believe there is guilt ; which probable cause is 
 only to be done away in the manner stated by Black- 
 stone. The total failure of proof on the part of the 
 accuser would be considered by that writer as being in 
 itself a legal manifestation of the innocence of the ac 
 cused. 
 
 In inquiring, therefore, into the charges exhibited 
 against Aaron Burr, I hold myself bound to consider 
 how far those charges are supported by probable cause. 
 
 The first charge stands upon the testimony of Ge 
 neral Eaton and General Wilkinson. 
 
 The witness first named proves, that, among other 
 projects which were more criminal, Colonel Burr me 
 ditated an expedition against the Mexican dominions 
 of Spain. This deposition may be considered as in 
 troductory to the affidavit of General Wilkinson, and 
 as explanatory of the objects of any military prepara 
 tions which may have been made. 
 
 I proceed, then, to that affidavit. 
 
 To make the testimony of General Wilkinson bear 
 on Colonel Burr, it is necessary to consider as genuine 
 the letter stated by the former to be, as nearly as he 
 can make it, an interpretation of one received in ci 
 pher from the latter. Exclude this letter, and nothing 
 remains in the testimony which can, in the most re 
 mote degree, affect Colonel Burr. That there are to 
 the admissibility of this part of the affidavit great and 
 
 in the case before him, but only meant an elucidation of the general doc 
 trine laid down by Blackstone. He was induced, he said, to make these 
 remarks, because it had been suggested to him by a friend, after he had de 
 livered his opinion, that his meaning in the above expressions might possi 
 bly be misapprehended. 
 
118 LIFE OP COLONEL BURR. 
 
 obvious objections, need not be stated to those who 
 know with how much caution proceedings in criminal 
 cases ought to be instituted, and who know that the 
 highest tribunal of the United States has been divided 
 on them. When this question came before the su 
 preme court, I felt the full force of these objections, 
 although I did not yield to them. On weighing in my 
 own mind the reasons for and against acting, in this 
 stage of the business, on that part of the affidavit, those 
 in favour of doing so appeared to me to preponderate, 
 and, as this opinion was not overruled, I hold myself 
 still at liberty to conform to it. 
 
 That the original letter, or a true copy of it accom 
 panied by the cipher, would have been much more 
 satisfactory, is not to be denied ; but I thought, and 
 I still think, that upon a mere question whether the 
 accused shall be brought to trial or not, upon an in 
 quiry, not into guilt, but into the probable cause, the 
 omission of a circumstance which is indeed import 
 ant, but which does not disprove the positive allega 
 tions of an affidavit, ought not to induce its rejection, 
 or its absolute disbelief, when the maker of the affida 
 vit is at too great a distance to repair the fault. I 
 could not, in this stage of the prosecution, absolutely 
 discredit the affidavit, because the material facts al 
 leged may very well be within the knowledge of the 
 witness, although he has failed to state explicitly all 
 the means by which this knowledge is obtained. 
 
 Thus, General Wilkinson states that this letter was 
 received from Colonel Burr, but does not say that it 
 was in his hand-writing, nor does he state the evi 
 dence which supports this affirmation. But, in addi 
 tion to the circumstance that the positive assertion of 
 
LIFE OF COLONEL BURR. 1 19 
 
 the fact ought not, perhaps, in this stage of the inquiry , 
 to be disregarded, the nature of the case furnishes 
 that evidence. 
 
 The letter was in cipher. General Wilkinson, it is 
 true, does not say, that a cipher had been previously 
 settled between Colonel Burr and himself, in which 
 they might correspond on subjects which, though in 
 nocent, neither of them might wish to subject to the 
 casualties of a transportation from the Atlantic to the 
 Mississippi ; but when we perceive that Colonel Burr 
 has written in cipher, and that General Wilkinson is 
 able to decipher the letter, we must either presume 
 that the bearer of the letter was also the bearer of its 
 key, or that the key was previously in possession of 
 the person to whom the letter was addressed. In 
 stating particularly the circumstances attending the 
 delivery of this letter, General Wilkinson does not 
 say that it was accompanied by the key, or that he 
 felt any surprise at its being in cipher. For this rea 
 son, as well as because there is not much more securi 
 ty in sending a letter in cipher accompanied by its key, 
 than there is in sending a letter not in cipher, I think 
 it more reasonable to suppose that the key was pre 
 viously in possession of Wilkinson. If this was the 
 fact, the letter being written in a cipher previously 
 settled between himself and Colonel Burr, is, in this 
 stage of the inquiry at least, a circumstance which 
 sufficiently supports the assertion, that the letter was 
 written by Colonel Burr. 
 
 The enterprise described in this letter is obviously a 
 military enterprise, and must have been intended either 
 against the United States, or against the territories of 
 
120 LIFE OF COLONEL BURR. 
 
 some other power on the continent, with all of whom 
 the United States were at peace. 
 
 The expressions of this letter must be admitted to 
 furnish at least probable cause for believing, that the 
 means for the expedition were provided. In every 
 part of it, we find declarations indicating that he was 
 providing the means for the expedition ; and as these 
 means might be provided in secret, I do not think that 
 further testimony ought to be required to satisfy me, 
 that there is probable cause for committing the prisoner 
 on this charge. 
 
 Since it will be entirely in the power of the attorney 
 general to prefer an indictment against the prisoner, 
 for any other offence which he shall think himself pos 
 sessed of testimony to support, it is, in fact, immate 
 rial whether the second charge be expressed in the 
 warrant of commitment or n6t : but as I hold it to be 
 my duty to insert every charge alleged on the part of 
 the United States, in support of which probable cause 
 is shown, and to insert none in support of which pro 
 bable cause is not shown, I am bound to proceed in 
 the inquiry. 
 
 The second charge exhibited against the prisoner, is 
 high treason against the United States, in levying war 
 against them. 
 
 As this is the most atrocious offence which can be 
 committed against the political body, so is it the charge 
 which is most capable of being employed as the instru 
 ment of those malignant and vindictive passions which 
 may rage in the bosoms of contending parties strug 
 gling for power. It is that of which the people of 
 America have been most jealous, and therefore, while 
 
LIFE OF COLONEL BURR. 121 
 
 other crimes are unnoticed, they have refused to trust 
 the national legislature with the definition of this, but 
 have themselves declared in their constitution that " it 
 shall consist only in levying war against the United 
 States, or in adhering to their enemies, giving them 
 aid and comfort." This high crime consists of overt 
 acts which must be proved by two witnesses, or by 
 the confession of the party in open court. 
 
 Under the control of this constitutional regulation, 
 I am to inquire whether the testimony laid before me 
 furnishes probable cause in support of this charge. 
 The charge is, that the fact itself has been committed, 
 and the testimony to support it must furnish probable 
 cause for believing that it has been actually commit 
 ted, or it is insufficient for the purpose for which it is 
 adduced. 
 
 Upon this point, too, the testimony of General Eaton 
 is first to be considered. That part of -his deposition 
 which bears upon this charge is the plan disclosed by 
 the prisoner for seizing upon New-Orleans, and revo 
 lutionizing the western states. 
 
 That this plan, if consummated by overt acts, would 
 amount to treason, no man will controvert. But it is 
 equally clear, that an intention to commit treason is 
 an offence entirely distinct from the actual commission 
 of that crime. War can only be levied by the employ 
 ment of actual force. Troops must be embodied, men 
 must be assembled, in order to levy war. If Colonel 
 Burr had been apprehended on making these commu 
 nications to General Eaton, could it have been alleged 
 that he had gone further than to meditate the crime ? 
 Could it have been said that he had actually collected 
 forces, and had actually levied war ? Most certainly 
 
122 LIFE OF COLOJCEL BURR. 
 
 it could not. The crime really completed was a con 
 spiracy to commit treason, not an actual commission 
 of treason. 
 
 If these communications were not treason at the 
 instant they were made, no lapse of time can make 
 them so. They are not in themselves acts. They 
 may serve to explain the intention with which acts 
 were committed, but they cannot supply those acts, if 
 they be not proved. 
 
 The next testimony is the deposition of General 
 Wilkinson, which consists of the letter already noticed, 
 and of the communications made by the bearer of that 
 letter. 
 
 This letter has already been considered by the su 
 preme court of the United States, and has been de 
 clared to import, taken by itself or in connexion with 
 Eaton s deposition, rather an expedition against the 
 territories of .the United States. By that decision I 
 am bound, whether I concurred in it or not. But I 
 did concur in it. On this point the court was unani 
 mous. 
 
 It is, however, urged, that the declarations of Swart- 
 wout may be connected with the letter, and used 
 against Colonel Burr. Although the confession of one 
 man cannot criminate another, yet I am inclined to 
 think that, on a mere inquiry into probable cause, the 
 declaration of Swartwout made on this particular oc 
 casion, may be used against Colonel Burr. My reason 
 for thinking so is, that Colonel Burr s letter authorizes 
 Mr. Swartwout to speak in his name. He empowers 
 Mr. Swartwout to make to General Wilkinson verbal 
 communications, explanatory of the plans and designs 
 of Burr, which Burr adopts as his own explanations. 
 
LIFE OF COLONEL BURR. 123 
 
 However inadmissible, therefore, this testimony may 
 be on a trial in chief, I am inclined to admit it on this 
 Inquiry, 
 
 If it be admitted, what is its amount ? Upon this 
 point, too, it appears that the supreme court was di 
 vided, I therefore hold myself at liberty to pursue 
 my own opinion, which was, that the words "this 
 territory must be revolutionized," did not so clearly 
 apply to a foreign territory as to reject that sense 
 which would make them applicable to a territory of 
 the United States, at least so far as to admit of further 
 inquiry into their meaning. And if a territory of the 
 United States was to be revolutionized, though only 
 as a mean for an expedition against a foreign power, 
 the act would be treason. 
 
 This reasoning leads to the conclusion that there is 
 probable cause for the allegation that treasonable de 
 signs were entertained by the prisoner so late as July 
 last, when this letter was written. 
 
 It remains to inquire whether there is also probable 
 cause to believe, that these designs have been ripened 
 into the crime itself by actually levying war against 
 the United States, 
 
 It has been already observed, that to constitute this 
 crime, troops must be embodied, men must be actually 
 assembled ; and these are facts which cannot remain 
 invisible. Treason may be machinated in secret, but 
 it can be perpetrated only in open day, and in the eye 
 of the world. Testimony of a fact which in its own 
 nature is so notorious ought to be unequivocal. The 
 testimony now offered has been laid before the su 
 preme court of the United States, and has been deter 
 mined in the cases of Ballman and Swartwout, not to 
 11 
 
124 LIFE OF COLONEL BURK. 
 
 furnish probable cause for the opinion that war had 
 been actually levied. Whatever might have been the 
 inclination of my own mind in that case, I should feel 
 much difficulty in departing from the decision then 
 made, unless this case could be clearly distinguished 
 from it. I will, however, briefly review the argu 
 ments which have been urged, and the facts now be 
 fore me, in order to show more clearly the particular 
 operation they have on my own judgment. 
 
 The fact to be established is, that in pursuance of 
 these designs previously entertained, men have been 
 actually assembled for the purpose of making war 
 against the United States ; and on the showing of 
 probable cause that this fact has been committed, de 
 pends the issue of the present inquiry. 
 
 The first piece of testimony relie.d on to render this 
 fact probable, is the declaration of Mr. Swartwout, 
 that " Colonel Burr was levying an armed body of 
 7000 men, from the state of New- York and the west 
 ern states and territories, with a view to carry an ex 
 pedition against the Mexican provinces." The term 
 " levying" has been said, according to the explanation 
 of the lexicons, to mean the embodying of troops, and 
 therefore to prove what is required. Although I do 
 not suppose that Mr. Swartwout had consulted a dic 
 tionary, I have looked into Johnson for the term, and 
 find its first signification to be " to raise," its second 
 " to bring together." In common parlance, it may 
 signify the one or the other. But its sense is certainly 
 decided by the fact. If, when Mr. Swartwout left 
 Colonel Burr, which must be supposed to have been 
 in July, he was actually embodying men from New- 
 York to the western states, what could veil his troops 
 
LIFE OF COLONEL BURR. 125 
 
 from human sight ? An invisible army is not the in 
 strument of war, and had these troops been visible, 
 some testimony relative to them could have been ad 
 duced. I take the real sense then in which this term 
 was used to be, that Colonel Burr was raising, or, in 
 other words, engaging or enlisting men through the 
 country described, for the enterprise he meditated. 
 The utmost point to which this testimony can be ex 
 tended is, that it denotes a future embodying of men, 
 which is more particularly mentioned in the letter it 
 self, and that it affords probable cause to believe that 
 the troops did actually embody at the period designa 
 ted for their assembling, which is sufficient to induce 
 the justice to whom the application is made to commit 
 for trial. 
 
 I shall readily avow my opinion, that the strength 
 of the presumption arising from this testimony ought 
 to depend greatly on the time at which the application 
 is made. If soon after the period at which the troops 
 were to assemble, when full time had not elapsed to 
 ascertain the fact, these circumstances had been urged 
 as the ground for a commitment on the charge of trea 
 son, I should have thought them entitled to great con 
 sideration. I will not deny, that in the cases of Boll- 
 man and Swartwout, I was not perfectly satisfied that 
 they did not warrant an inquiry into the fact. But I 
 think every person must admit that the weight of these 
 circumstances daily diminishes. Suspicion may de 
 serve great attention, when the means of ascertaining 
 its real grounds ai;e not yet possessed ; but when those 
 means are or may have been acquired, if facts to sup 
 port suspicion be not shown, every person, I think, 
 must admit, that the ministers of justice, at least, 
 
126 LIFE OP COLONEL BUBR. 
 
 ought not officially to entertain it. This, I think, 
 must be conceded by all ; but whether it be conceded 
 by others or not, it is the dictate of my own judgment, 
 and in the performance of my duty I can know no 
 other guide. 
 
 The fact to be proved, in this case, is an act of pub 
 lic notoriety. It must exist in the view of the world. 
 or it cannot exist at all. The assembling of forces to 
 levy war is a visible transaction, and numbers must 
 witness it. It is, therefore, capable of proof; and 
 when time to collect this proof has been given, it ought 
 to be adduced, or suspicion becomes ground too weak 
 to stand upon. 
 
 Several months have elapsed since this fact did oc 
 cur, if it ever occurred. More than five weeks have 
 elapsed since the opinion of the supreme court has de 
 clared the necessity of proving the fact, if it exists. 
 Why is it not proved ? 
 
 To the executive government is intrusted the im 
 portant power of prosecuting those whose crimes may 
 disturb the public repose, or endanger its safety. It 
 would be easy, in much less time than has intervened 
 since Colonel Burr has been alleged to have assem 
 bled his troops, to procure affidavits establishing the 
 fact. If, in November or December last, a body of 
 troops had been assembled on the Ohio, it is impossi 
 ble to suppose that affidavits establishing the fact could 
 not have been obtained by the la.st of March. I ought 
 not to believe that there has been any remissness on 
 the part of those who prosecute, on this important and 
 interesting subject ; and, consequently, when at this 
 late period no evidence that troops have been actually 
 embodied is given, I must say, that the suspicion, 
 
LIFE OF COLONEL BURR. 127 
 
 which in the first instance might have been created, 
 ought not to be continued, unless this want of proof 
 can be in some manner accounted for. 
 
 It is stated by the attorney for the United States, 
 that as affidavits can only be voluntary, the difficul 
 ty of obtaining them accounts for the absence of 
 proof. 
 
 I cannot admit this position. On the evidence fur 
 nished by this very transaction of the attachment felt 
 by our western for their eastern brethren, we justly 
 felicitate ourselves. How inconsistent with this fact 
 is the idea, that no man could be found who would vo 
 luntarily depose, that a body of troops had actually 
 assembled, whose object must be understood to be 
 hostile to the Union, and whose object was detected 
 and defeated by the very people who could give the 
 requisite information ! 
 
 I cannot doubt that means to obtain information 
 have been taken on the part of the prosecution ; if it 
 existed, I cannot doubt the practicability of obtaining 
 it ; and its non-production at this late hour, does not, 
 in my opinion, leave me at liberty to give to those 
 suspicions which grow out of other circumstances 
 that weight to which, at an earlier day, they might 
 have been entitled. 
 
 I shall not, therefore, insert in the commitment the 
 charge of high treason. I repeat, that this is the less 
 important, because it detracts nothing from the right 
 of the attorney to prefer an indictment for high trea 
 son, should he be furnished with the nesssary testi 
 mony. 
 
 The bail, fixed at ten thousand dollars, was given by 
 
 11* 
 
128 LIFE OF COLONEL BURR. 
 
 Colonel Burr, and the cause was continued until the 
 22d day of May then next ensuing. 
 
 The court met on the 22d of May, 1807, Chief Jus 
 tice Marshall and Judge Cyrus Griffin forming the 
 court. The counsel for the prosecution were, Messrs. 
 Hay, district attorney, William Wirt, and Alex 
 ander M Rae. Of counsel for Colonel Burr, Ed 
 mund Randolph, John Wickham, Benjamin Botts, and 
 John Baker. The clerk having called the names of 
 the gentlemen summoned on the grand jury, Mr. 
 Burr s counsel demanded a sight of the panel, which 
 was shown to them, when Colonel Burr addressed the 
 court to the following effect : 
 
 MAY IT PLEASE THE COURT Before any further 
 proceeding with regard to swearing the jury, I beg 
 leave to remark some irregularity that has taken place 
 in summoning part of the panel. This is the proper 
 time to make the exception. I understand that the 
 marshal acts not under an act of congress, but a law 
 of the state of Virginia, by which he is required to sum 
 mon twenty-four freeholders of the state to compose the 
 grandjury. When he has summoned that number, his 
 function is completed. He cannot, on any account, sum 
 mon a twenty-fifth. If, therefore, it can be made to ap 
 pear, that the marshal has struck off any part of the ori 
 ginal panel, and substituted other persons in their stead, 
 the summons is illegal. Such is the law and the dictate 
 of true policy ; for in important cases, like the present, 
 a different course would produce the most injurious 
 consequences, I consider it proper to ask the marshal 
 and his deputies what persons they have summoned, 
 and at what periods ; whence it may be known, whe- 
 
LIFE OF COLONEL BURR. 129 
 
 ther some have not been substituted in place of others 
 struck off the panel. When we have settled this ob 
 jection, I shall proceed to exceptions of a different na 
 ture. 
 
 After these observations from the respondent, some 
 discussion took place between the counsel for govern 
 ment and for Colonel Burr, respecting summoning 
 the grand jury, and empaneling the same. Colonel 
 Burr, in discussing the doctrine of challenging said, 
 many of those who were called had prejudged the 
 cause ; and in answer to the questions put to them, 
 evinced that they had been overwhelmed with the 
 current prejudices. At length the grand jury were 
 formed and sworn. John Randolph, junior, was ap 
 pointed foreman, and a charge full of sound doctrine 
 was delivered by Judge Marshall, and the jury sent to 
 their room. Colonel Burr then stated his wish to the 
 court, that the grand jury should be instructed on cer 
 tain leading points, as to the admissibility of testi 
 mony which he supposed might be laid before the 
 grand jury by the attorney for the United States. Mr. 
 Hay replied. Much altercation took place, when the 
 court adjourned unto the 23d of May. On this day 
 the court met ; the grand jury were called, and inform 
 ed by the chief justice, that some delay might arise 
 from the absence of a principal witness, General Wil 
 kinson. The court adjourned to the Monday follow 
 ing. 
 
 On the 25th the court met. The grand jury ap 
 peared, and their foreman stated, that they had been 
 confined two days to their chambers, and had no pre 
 sentment to make, or bill before them. Mr. Hay ob- 
 
130 LIFE OP COLONEL BURR. 
 
 served that he had two bills prepared, but wished to 
 postpone the delivery of them until witnesses were 
 present, and until it was ascertained that all the evi 
 dence relied on by the counsel for the prosecution 
 could be had. He thought it probable, that in the 
 course of a week he should hear of General Wilkin 
 son, who was still absent, and whose testimony he 
 deemed very important. Mr. Hay now observed, that a 
 motion might be made which would render the presence 
 of the witnesses necessary on the day to which they 
 should adjourn. Mr. Wickham requested that before 
 any order should be taken in relation to the adjourn 
 ment of the grand jury, the counsel for the United 
 States might state the nature and object of his motion, 
 Mr. Hay distinctly replied, that the object of his mo 
 tion was to commit Mr. Burr on a charge of high trea 
 son against the United States. On his examination, 
 there was no evidence of an overt act, and he was 
 committed for a misdemeanour only ; the evidence 
 was different now. Some discussion took place on this 
 motion, in which Colonel Burr took a part, and his 
 counsel also. Mr. Wirt, on this motion, made his first 
 speech in the cause. It was long and earnest, and 
 seemed a relief to those of his colleagues. 
 
 On Tuesday, the 31st of May, the chief justice de 
 livered his opinion on Mr. Hay s motion to commit 
 Colonel Burr, and the amount of his opinion was, that 
 he was ready to hear the testimony which the attorney 
 for government had to offer in support of his motion. 
 The counsel for and against the prosecution retired, to 
 see if any arrangements could be made to prevent a 
 further discussion on this subject ; but after much de 
 liberation, it was found that nothing could be done by 
 
LIFE OF COLONEL BURR. 131 
 
 agreement. After some discussion, the court decided 
 that the counsel for the prosecution might bring for 
 ward his evidence in any manner he thought proper, 
 but suggested that he had better adduce that which 
 would go to show an overt act, if he had it. Mr. Hay 
 then observed, that he should take up the depositions 
 first, and then the viva voce testimony ; that he should 
 begin with General Wilkinson s deposition. The chief 
 justice said, that the supreme court had decided that 
 an affidavit might be admitted under certain circum 
 stances ; but they had also decided, that General Wil 
 kinson s affidavit did not contain any proofs of an overt 
 act ; but he was willing to permit the attorney for. the 
 prosecution to pursue his own course, in order to 
 draw out the evidence, believing that he would not 
 waste time. Mr. Hay called Peter Taylor as a wit 
 ness, (he had been a gardener to Blannerhasset) and 
 then the affidavit of Jacob Dunbaugh was offered, but 
 objected to by defendant s counsel, and the objection was 
 sustained by the court, in an elaborate argument. The 
 affidavit was defective in form. In this stage of the 
 trial, Luther Martin, the friend of Colonel Burr, "ap 
 peared as one of his counsel. Colonel Burr, to save 
 all trouble, offered to give bail, provided it was in a 
 reasonable sum. This was accepted. The court ad 
 journed from day to day, General Wilkinson not hav 
 ing arrived, until the 3d of June. When the subject 
 of an adjournment to some distant day was pro 
 posed, Colonel Burr objected to this, and observed 
 That there were manifest inconveniences in the 
 measure proposed. He had, for instance, a number of 
 witnesses here from a distance ; would it not be in 
 convenient for them to be kept here ? Certainly, how- 
 
132 LIFE OF COLONEL BURR. 
 
 ever, they may be detained ; but why an adjournment 
 to a distant day ? Mr. Wilkinson may be expected 
 here every day. The attorney s estimate of the time 
 is not perhaps correct. Perkins came about the same 
 distance as Mr. Wilkinson is to come ; but he per 
 formed his journey in thirty-one days. What we 
 want, however, is some data from the government on 
 this subject ; such, for instance, as the time when the 
 express left Washington. As to Minnikin s affidavit, 
 what great reliance can be placed in it ? Did he cer 
 tainly identify the express ? But suppose that the ex 
 press reached New-Orleans about the time mentioned ; 
 Mr. Wilkinson may come by water, and is to be ex 
 pected here every day. Mr. Burr hoped that this 
 measure would not be adopted, particularly as it was 
 uncertain whether eight or ten days hence all of the 
 grand jury would meet here again. Mr. Wilkinson 
 may be near to this place at this moment ; and he 
 may arrive almost immediately after the jury is ad 
 journed. Adjourn them from day to day. Accord 
 ing to Mr. Dearborn s letter, Mr. Wilkinson ought to 
 have been here between the 28th and 30th of May ; 
 allowing, however, six days more than he said, Mr. 
 Wilkinson may be expected here to-morrow. 
 
 Mr. Hay wished for an adjournment for ten days. 
 After much altercation, the court was adjourned from 
 Wednesday, 3d of June, to Tuesday, the 9th. On the 
 9th, a further time was asked for, and an adjournment 
 took place until the Thursday following, as General 
 Wilkinson had not arrived. 
 
 Colonel Burr then addressed the court. There was a 
 proposition which he wished to submit to them. In 
 the president s communication to congress, he speaks 
 
LIFE OF COLONEL BURR. 133 
 
 of a letter and other papers which he had received 
 from Mr. Wilkinson, under date of 21st of October. 
 Circumstances had now rendered it material, that the 
 whole of this letter should be produced in court ; and 
 further, it has already appeared to the court, in the 
 course of different examinations, that the government 
 have attempted to infer certain intentions on my part, 
 from certain transactions. It becomes necessary, 
 therefore, that these transactions should be accurately 
 stated. It was, therefore, material to show, in what 
 circumstances I was placed in the Mississippi Terri 
 tory; and, of course, to obtain certain orders of the 
 army and the navy which were issued respecting me. 
 I have seen the order of the navy in print ; and one 
 of the officers of the navy had assured me, that this 
 transcript was correct. The instructions in this or 
 der were, to destroy my person and my property in 
 descending the Mississippi. Now, I wish, if possible, 
 to authenticate this statement ; and it was for this 
 purpose, when I passed through Washington lately, 
 that I addressed myself to Mr. Robert Smith. That 
 gentleman seemed to admit the propriety of my appli 
 cation, but objected to the course. He informed me, 
 that if I would apply to him through one of my coun 
 sel, there could be no difficulty in granting the object 
 of my application. I have since applied in this manner 
 to Mr. Smith, but without success ; hence I feel it ne 
 cessary to resort to the authority of this court, to call 
 upon them to issue a subpoena to the president of the 
 United States, with a clause requiring him to produce 
 certain papers ; or in other words, to issue the sub 
 poena duces tecum. The attorney for the United States 
 will, however, save the time of this court, if he will 
 
134 LIFE OF COLONEL BURR. 
 
 consent to produce the letter of the 21st October, with 
 the accompanying papers, and also authentic orders 
 of the navy and war departments. 
 
 This was objected to, and a discussion took place, 
 upon the power of the court to issue a subpoena duces 
 tecum ; which was not closed at the adjournment, but 
 resumed the next day, June 10th. 
 
 The court met according to adjournment. The 
 subject of the subpoena duces tecum was resumed. 
 
 The following affidavit, drawn up and sworn to by 
 Colonel Burr, was read in support of the motion for 
 the subpoena : 
 
 " Aaron Burr maketh oath, that he hath great reason 
 to believe, that a letter from General Wilkinson to the 
 president of the United States, dated 21st October, 
 1806, as mentioned in the president s message of the 
 22d January, 1807, to both houses of congress, toge 
 ther with the documents accompanying the said let 
 ter, and copy of the answer of said Thomas Jef 
 ferson, or of any one by his authority, to the said let 
 ter, may be material in his defence, in the prosecution 
 against him. And further, that he hath reason to be 
 lieve, the military and naval orders given by the pre 
 sident of the United States, through the departments 
 of war and of the navy, to the officers of the army 
 and navy, at or near the New-Orleans station, touch 
 ing or concerning the said Burr, or his property, will 
 also be material in his defence. 
 
 "AARON BURR. 
 "Sworn to, in open court, 10th June, 1807. " 
 
LIFE OF COLONEL BURR. 135 
 
 This day was consumed in an argument upon this 
 motion, in which all the counsel onboth sides took part. 
 On the llth the argument was resumed; also on the 
 1 2th. On the question of the subpoena duces tecum, ar 
 gued on the 12th, the chief justice remarked, that 
 the affidavit speaks of no answer to General Wilkin 
 son s letter. Colonel Burr said, though I am extreme 
 ly well satisfied with the arguments of my counsel, 
 as far as they have gone, yet I shall offer a few addi 
 tional remarks. The counsel for the prosecution are 
 mistaken when they say, that it would be improper to 
 address the subpoena to the president. The public 
 papers are not kept in the department of state, but in 
 the separate departments, according to their nature. 
 There is no official communication between General 
 Wilkinson, as a general or commander in chief, and 
 the president, though there may be as governor 
 of Louisiana, The communications from him as ge 
 neral, are to the department of war. The president s 
 letter does not show where General Wilkinson s letter 
 is deposited. If addressed to him, it continues in his 
 possession. His communication to congress shows 
 that he has it. The course in congress is to apply di 
 rectly to the president for any papers or documents 
 wanted, and not to the secretaries ; because they are 
 all under his control and direction ; he can order them 
 to deliver any paper or document in their possession, 
 and they must obey him. Mr. Burr then went more into 
 detail, the substance of which was, that there was noevi- 
 dence of the commission of treason ; that the president, 
 in his communication to congress, and in his proclama 
 tion, grounded on General Wilkinson s letter to him of 
 the 21st of October, insinuates nothing of a treasonable 
 12 
 
136 LIFE OF COLONEL BURR. 
 
 nature ; that in these he states, that an attack on the 
 Spanish colonies was supposed to be intended ; but if 
 there had been any just reason for believing that trea 
 son had been committed, the president would cer 
 tainly have stated it ; that he had been denounced by 
 the highest authority in the country ; that this denun 
 ciation had created a general prejudice against him ; 
 that the government ought to furnish all the means in 
 its power to remove the unjust prejudices thus impro 
 perly excited against him ; that he asked no privileges 
 but what the laws conferred on every citizen. He 
 demanded these papers, not for the purposes of de 
 traction, as had been unjustly asserted ; but to disco 
 ver facts tending to prove his own innocence. He 
 denied, in strong terms, having advised or stimulated 
 his counsel to abuse the administration : that, on the 
 contrary, he had charged them to avoid all irritating 
 reflections. He concluded by expressing his hopes, 
 that the motion would be granted ; that if the court 
 made the order, the papers would be obtained without 
 delay ; whereas a previous application for them with 
 out such order, if unsuccessful, would produce consi 
 derable delay, which he wished very much to avoid ; 
 and that the approach of General Wilkinson re 
 quired a prompt opinion of the court, to prevent de 
 lay. 
 
 On the 13th day the chief justice stated that he had 
 drawn up a supplementary charge, which he had sub 
 mitted to the attorney for the United States, with a 
 request that it should be put into the hands of Colonel 
 Burr s counsel. On this day the chief justice deliver 
 ed an elaborate opinion on the motion to issue a sub 
 poena duces tecum, directed to the president of the 
 
LIFE OF COLONEL BURR. 137 
 
 United States. He decided that such a subprena 
 as is asked ought to issue, if there exist any reason 
 for supposing that the testimony may be material, and 
 ought to be admitted. In this stage of the proceed 
 ings Mr. Hay took exceptions to some words that fell 
 from the court. The chief justice treated the subject 
 with his usual courtesy and independence. Dr. Boll- 
 man was called, and a pardon for all matters of offence 
 offered him, which he peremptorily refused to accept. 
 Mr. Williams appeared as counsel for Dr. Bollman, 
 and the subject of the effect of an unaccepted pardon 
 was discussed. The question was not decided. The 
 court adjourned to the 15th, when General Wil 
 kinson was sworn, and sent to the grand jury. The 
 day was consumed in discussing the question of send 
 ing papers to the grand jury. The court opposed it. 
 On Tuesday, the 16th, Mr. Hay received a letter from 
 President Jefferson, declaring that he had no wish to 
 withhold any necessary papers, and that he would 
 send such as might be specified. 
 
 The next subject for discussion, as suggested from 
 the bench, was how far a witness may refuse to 
 answer a question which he thinks would criminate 
 himself; but the counsel seemed to dwell upon the 
 subject of the letter in cipher, in order to settle the 
 fact of its being written by Colonel Burr. The court 
 adjourned. On Wednesday, the 17th, they met again, 
 and a world of learning was lavished upon the same 
 subject, or rather upon no definite one, for, at the close 
 of the day, the chief justice asked if there was any ques 
 tions before the court, when Mr. M Rae requested a 
 decision on Dr. Bollman s case. Mr. Williams was 
 ready to discuss the question. Colonel Burr ebserv- 
 
138 LIFE OF COLONEL BURR. 
 
 4 
 
 ed There will arise some very important questions, 
 affecting the very sources of the jurisprudence of this 
 country. I have several affidavits to produce, to show 
 that improper means have been used to procure wit 
 nesses, and thereby contaminate the public justice : 
 when these proofs have been duly exhibited, it will be 
 the province of the court to decide, whether they will 
 not arrest the progress of such improper conduct, and 
 prevent the introduction of such evidence. 
 
 After some altercation upon the violation of the 
 post office in obtaining letters, some desultory conver 
 sation ensued, when Colonel Burr observed, that he 
 was afraid he was not sufficiently understood, from 
 mingling two distinct propositions together. As to 
 the subject of the post offices, it might rest for the 
 present; but as to the improper means employed in 
 obtaining testimony, they were at this moment in ac 
 tual operation. Some witnesses had been brought 
 here by this practice ; and it was one which ought im 
 mediately to be checked :" he did not particularly level 
 his observations against General Wilkinson. He did 
 not say, that the attorney for the United States ought 
 to indict, or that such a crime, if committed out of this 
 district, was cognizable by the court, unless it be going 
 on while the court is in session, or the cause depend 
 ing ; in those cases improper practices, relative to 
 crimes committed out of the limits of this court, may 
 be examined, and the persons committing them attach 
 ed. Such practices have been since I have been re 
 cognised here, and they ought to be punished by at 
 tachment. 
 
 Mr. Wirt. I do not yet understand the gentlemen. 
 What is the object of their motion ? 
 
LIFE OF COLONEL BURR. 139 
 
 Mr. Botts. We shall hereafter make it ; we have 
 no other object by the present annunciation, than to 
 give gentlemen a timely notice of our intentions. 
 
 Mr. Burr. We have sufficient evidence on which 
 to found our motion. 
 
 What motion ? demanded Mr. Hay. 
 
 Mr. Burr. I thought, sir, I had sufficiently explain^ 
 ed my intentions. I may either move for a rule to 
 show cause why an attachment should not issue 
 against Judge Toulmin, John G. Jackson, and General 
 Wilkinson, or, what is sometimes, though not so fre 
 quently practised, I may directly move for an attach 
 ment itself. 
 
 Mr. M Rae. -At whose motion ? 
 
 Mr. Burr. At the public s. 
 
 Mr. M Rae. A pretty proceeding, indeed ! that the 
 public prosecution should thus be taken out of the 
 hands of the public prosecutor, and that the accused 
 should supersede the attorney for the United States ! 
 
 Mr. Burr. A strange remark, indeed ! As if it were 
 not the business of the injured person himself to insti 
 tute the complaint. 
 
 Mr. Hay. I wish for further explanation. Let the 
 specific charge, on which their motion is founded, be 
 clearly pointed out and reduced to writing. 
 
 Mr. Burr. The motion will be for an attachment, 
 for the irregular examination of witnesses, practising 
 on their fears, forcing them to come to this place, and 
 transporting them from New-Orleans to Norfolk. (See 
 Appendix.) 
 
 Some sharp conversation took place on this subject. 
 
 On the 18th, the chief justice delivered the following 
 opinion on several points discussed. 
 12* 
 
140 LIFE OP COLONEL BURR. 
 
 In point of law, the question now before the court 
 relates to the witness himself. The attorney for the 
 United States offers a paper in cipher, which he sup 
 poses to have proceeded from a person against whom 
 he has preferred an indictment for high treason, and 
 another for a misdemeanour, both of which are now 
 before the grand jury ; and produces a person, said to 
 be the secretary or clerk of the accused, who is sup 
 posed either to have copied this paper by his direc 
 tions, or to be able to prove, in some other manner, 
 that it has proceeded from his authority. To a ques 
 tion, demanding whether he understands this paper, 
 the witness has declined giving an answer, saying, 
 that the answer might criminate himself; and it is re 
 ferred to the court to decide, whether the excuse he 
 has offered be sufficient to prevent his answering the 
 question which has been propounded to him. 
 
 It is a settled maxim of law, that no man is bound 
 to criminate himself. This maxim forms one excep 
 tion to the general rule, which declares, that every 
 person is compellable to bear testimony in a court of 
 justice. For the witness, who considers himself as 
 being within this exception, it is alleged, that he is, 
 and from the nature of things must be, the sole judge 
 of the effect of his answer ; that he is, consequently, at 
 liberty to refuse to answer any question, if he will say, 
 upon his oath, that his answer to that question might 
 criminate himself, 
 
 When this opinion was first suggested, the court 
 conceived the principle laid down at the bar to be too 
 broad, and therefore required, that authorities in sup 
 port of it might be adduced. Authorities have been 
 
LIFE OF COLONEL BURR. 141 
 
 adduced, and have been considered. In all of them, 
 the court could perceive, that an answer to the ques 
 tion propounded might criminate the witness, and he 
 was informed, that he was at liberty to refuse an an 
 swer. These cases do not appear to the court to sup 
 port the principle laid down by the counsel for the 
 witness, in the full latitude in which they have stated 
 it. There is no distinction which takes from the court 
 the right to consider and decide, whether any direct 
 answer to the particular question propounded, could 
 be reasonably supposed to affect the witness. There 
 may be questions, no direct answer to which could, 
 in any degree, affect him ; and there is no case which 
 goes so far as to say, that he is not bound to answer 
 such questions. The case of Goosely, in this court, 
 is, perhaps, the strongest that has been adduced. But 
 the general doctrine of the judge, in that case, must 
 have referred to the circumstances which showed 
 that the answer might criminate him. 
 
 When two principles come in conflict with each 
 other, the court must give them both a reasonable con 
 struction, so as to preserve them both to a reasonable 
 extent. The principle which entitles the United 
 States to the testimony of every citizen, and the prin 
 ciple by which every witness is privileged not to ac 
 cuse himself, can neither of them be entirely disre 
 garded. They are believed both to be preserved to a 
 reasonable extent, and according to the true intention 
 of the rule, and of the exception to that rule, by ob 
 serving that course which, it is conceived, courts have 
 generally observed. It is this : 
 
 When a question is propounded, it belongs to the 
 
142 LIFE OP COLONEL BURR. 
 
 court to consider and to decide, whether any direct 
 answer to it can implicate the witness. If this be de 
 cided in the negative, then he may answer it without 
 violating the privilege which is secured to him by law. 
 If a direct answer to it may criminate himself, then he 
 must be the sole judge what his answer would be. 
 The court cannot participate with him in this judg 
 ment, because they cannot decide on the effect of his 
 answer without knowing what it would be ; and a dis 
 closure of that fact to the judges would strip him of 
 the privilege which the law allows, and which he 
 claims. It follows necessarily then, from this state 
 ment of things, that if the question be of such a descrip^ 
 tion that an answer to it may or may not criminate 
 the witness, according to the purport of that answer, 
 it must rest with himself, who alone can tell what it 
 would be, to answer the question or not. If, in such a 
 case, he say upon his oath, that his answer would crimi 
 nate himself, the court can demand no other testimony 
 of the fact. If the declaration be untrue, it is in con 
 science and in law as much a perjury as if he had de 
 clared any other untruth upon his oath ; as it is one 
 of those cases in which the rule of law must be aban 
 doned, or the oath of the witness be received. 
 
 The counsel for the United States have also laid 
 down this rule according to their understanding of it ; 
 but they appear to the court to have made it as much 
 too narrow as the counsel for the witness have made 
 it too broad. According to their statement, a witness 
 can never refuse to answer any question, unless that 
 answer, unconnected with other testimony, would be 
 sufficient to convict him of a crime. This would 
 be rendering the rule almost perfectly worthless. 
 
LIFE OF COLONEL BURR. 143 
 
 Many links frequently compose that chain of testimony 
 which is necessary to convict any individual of a crime. 
 It appears to the court to be the true sense of the rule, 
 that no witness is compellable to furnish any one of 
 them against himself. It is certainly not only a possi 
 ble but a probable case, that a witness, by disclosing 
 a single fact, may complete the testimony against him 
 self, and, to every effectual purpose, accuse himself as 
 entirely as he would by stating every circumstance 
 which would be required for his conviction. That 
 fact of itself might be unavailing; but all other facts 
 without it would be insufficient. While that remains 
 concealed within his own bosom he is safe ; but draw 
 it from thence, and he is exposed to a prosecution. 
 The rule which declares, that no man is compellable 
 to accuse himself, would most obviously be infringed, 
 by compelling a witness to disclose a fact of this de 
 scription. 
 
 What testimony may be possessed, or is attainable, 
 against any individual, the court can never know. It 
 would seem, then, that the court ought never to com 
 pel a witness to give an answer, which discloses a fact 
 that would form a necessary and essential part of a 
 crime, which is punishable by the laws. 
 
 To apply this reasoning to the particular ease under 
 consideration ; to know and conceal the treason of an 
 other, is misprision of treason, and is punishable by law. 
 No witness, therefore, is compellable by law to dis 
 close a fact which would form a necessary and essen 
 tial part of this crime. If the letter in question con 
 tain evidence of treason, which is a fact not dependent 
 on the testimony of the witness before the court, and, 
 therefore may be proved without the aid of his testi- 
 
144 LIFE OP COLONEL BURR. 
 
 mony ; and if the witness were acquainted with that 
 treason when the letter was written, he may probably 
 be guilty of misprision of treason ; and, therefore, the 
 court ought not to compel him to answer any question, 
 the answer to which might disclose his former know 
 ledge of the contents of that letter. 
 
 But if the letter should relate to the misdemeanour, 
 and not to the treason, the court is not apprized that a 
 knowledge and concealment of the misdemeanour 
 would expose the witness to any prosecution whatever. 
 On this account, the court was, at first, disposed to 
 inquire, whether the letter could be deciphered, in 
 order to determine from its contents, how far the wit 
 ness could be examined respecting it. The court was 
 inclined to this course, from considering the question 
 as one which might require a disclosure of the know 
 ledge which the witness might have had of the con 
 tents of this letter when it was put in cipher, or when 
 it was copied by himself ; if, indeed, such were the 
 fact. But, on hearing the question more particularly 
 and precisely stated, and finding that it refers only to 
 the present knowledge of the cipher, it appears to the 
 court, that the question may be answered without 
 implicating the witness ; because, his present know 
 ledge would not, it is believed, in a criminal prosecu 
 tion, justify the inference that his knowledge was ac 
 quired previous to this trial, or afford the means of 
 proving that fact. 
 
 The court is, therefore, of opinion, that the witness 
 may answer the question now propounded. 
 
 The gentlemen of the bar will understand the rule 
 laid down by the court to be this : 
 
 It is the province of the court to judge, whether any 
 
LIFE OP COLONEL BURR. 1 45 
 
 direct answer to the question which may be proposed, 
 will furnish evidence against the witness. 
 
 If such answer may disclose a fact, which forms a 
 necessary and essential link in the chain of testimony, 
 which would be sufficient to convict him of any crime, 
 he is not bound to answer it, so as to furnish matter for 
 that conviction. 
 
 In such a case, the witness must himself judge what 
 his answer will be ; and if he say, on oath, that he can 
 not answer without accusing himself, he cannot be 
 compelled to answer. 
 
 On the 19th, Colonel Burr made known to the court 
 that he had received only a verbal answer to the sub- 
 p03na duces tecum. 
 
 It was not our intention to detail all the proceedings 
 in this trial, nor to epitomize it ; but only to give a 
 sufficiency to show how great must have been the 
 struggles of Colonel Burr to defend himself against 
 such an array of power, and how manfully he met the 
 enemy at every step, and how hard they endeavoured 
 to crush him ; and also to show how greatly superior he 
 was, in the laws and constitution of his country, to all his 
 opposers. These remarks are made without any bit 
 terness, for time has taken the sting from the wounds 
 which were then festering. 
 
 The court continued in session from day to day. 
 Mr. Knox, Lieutenant Gains, and others, were sworn, 
 proving but little more than the fact of a public excite 
 ment, and that Lieutenant Gains was made a deputy 
 marshal, to take Colonel Burr under colour of law. 
 The counsel for the prisoner pushed the argument for 
 an attachment on General Wilkinson, for endeavour 
 ing to prevent the free course of testimony. Mr. Ed- 
 
146 LIFE OF COLONEL BURR. 
 
 mund Randolph made a spirited argument on this mo 
 tion, on the 24th of June. Mr. Wirt made some re 
 marks also, when Mr. Wickham continued the argu 
 ment in favour of the motion, and was followed by 
 Mr. M Rae on the other side. He was followed by 
 Mr. Botts for the accused. Mr. Gains was severely 
 handled in their arguments for the accused. While 
 Mr. Botts was going on with the argument the grand 
 jury entered with several indictments, viz. 
 
 " An indictment against Aaron Burr, for treasona 
 true bill." 
 
 " An indictment against Aaron Burr, for a misde 
 meanour a true bill." 
 
 " An indictment against Herman Blannerhasset, for 
 treason a true bill." 
 
 " An indictment against Herman Blannerhasset, for 
 a misdemeanour a true bill." 
 
 The grand jury observed, that they had not finished 
 their business, and stated that they should meet the next 
 day. Mr. Botts continued his argument ; and, when it 
 closed, addressed the court upon the subject of bail, 
 alleging, that it was in the power of the court to bail 
 him. The discussion took a wide range, and Colonel 
 Burr, wishing that his trial might go on, waived his 
 motion, and expressed his willingness, for the sake of 
 despatch, to be committed. This was. ordered by the 
 court. The question of the right to bail being re 
 served, Colonel Burr was conducted to the jail. The 
 room he was confined in was the common room where 
 debtors, felons, white, black and gray, were commin 
 gled, to the amount of a dozen or two. As he entered 
 this abode, the wretched seemed to think that they 
 were not so miserable as they were considered. No 
 
LIFE OF COLONEL BURJb 147 
 
 bed was prepared for him to rest upon. He sent for 
 the jailor, who was absolutely afraid to treat him with 
 civility ; but at his request, sent him an old blanket to 
 wrap himself up with ; but as to pillow, he made use 
 of a bucket or stick of wood. The inmates of the pri 
 son gathered round their new comer, and stood in si 
 lence and wonder. He marked out the limits he wish 
 ed for himself, and charged them not to trespass on 
 them. They did not ; but as he laid himself down to 
 rest, they sat in astonishment, that one who had seen 
 all the elegancies of life, and heard the applauses of 
 the world, could so sleep. 
 
 Thursday, the 25th of June, Colonel Burr was brought 
 into court by writ of habeas corpus, and General Jack 
 son, from Tennessee, and sundry other witnesses, were 
 sworn, and sent to the grand jury. The discussion of 
 the question of attaching James" Wilkinson was con 
 tinued, and kept up with great earnestness, until the 
 grand jury entered the court, and offered the follow 
 ing: 
 
 The grand inquest of the United States, for the 
 district of Virginia, upon their oaths present, that 
 Jonathan Dayton, late a senator in the congress of the 
 the United States, from the state of New-Jersey, 
 John Smith, a senator in the congress of the United 
 States, from the state of Ohio, Comfort Tyler, late 
 of the state of New- York, Israel Smith, late of the 
 state of New- York, and Davis Floyd, late of the 
 territory of Indiana, are guilty of treason against 
 the United States, in levying war against the same ; 
 to wit, at Blannerhasset s Island, in the county of 
 
 13 
 
148 LIFE OF COLONEL BUR II. 
 
 Wood, and state of Virginia, on the 13th day of De 
 cember, 1806, 
 
 Upon the information of 
 William Eaton, Erick BollmaH,, 
 
 Peter Taylor, Jacob Allbright, 
 
 Charles Willie John Graham, 
 
 Samuel Swartwout, George Morgan, 
 
 John Morgan, Thomas Morgan, 
 
 Elias Glover, D. Woodbridge, junr. 
 
 David C. Wallace, Edmund B. Dana, 
 
 John G. Henderson, Alexander Henderson* 
 
 James Wilkinson, Hugh Phelps, 
 
 Jacob Dubaugh, John Monholland, 
 
 Chandler Lindsley, James Knox, 
 
 William Love, Thomas Hartley, 
 
 Stephen Welch, James Kinney, 
 
 Samuel Moxley, David Fisk. 
 
 Benjamin H. Latrobe, 
 
 JOHN RANDOLPH, Foreman. 
 
 The grand jury, continued Mr. Randolph, have no 
 further presentments to make. He then delivered two 
 papers which they had received from the court. The 
 one was a ciphered letter, addressed to H. Winbourn. 
 the other was the letter to Colonel Morgan. 
 
 Chief Justice. Mr. attorney, have you any thing 
 more for the grand jury ? 
 
 Mr. Hay. I can have all the indictments ready to 
 be laid before them to-morrow. 
 
 Mr. Taylor, (from Norfolk.) Is it not customary 
 for the attorney to file informations upon these pre 
 sentments ? Is there any necessity for detaining the 
 jury? 
 
LIFE OF COLONEL BURR. 149 
 
 Some objection was made. 
 
 Mr. Randolph. May not the bills be laid before 
 another grand jury, as the parties presented are not 
 now in custody ? 
 
 Mr. Hay. That course would be productive of 
 great inconvenience. All the witnesses are now here : 
 and they will not, perhaps, appear before another 
 grand jury, and the present jury are already in pos 
 session of all the evidence. 
 
 Mr. Randolph had hoped that they would be dis 
 charged. He was not anxious on his own account, 
 but there was one of the jury peculiarly and delicate 
 ly situated, who wished to return to his family. 
 
 Mr. Taylor observed to the court, that a very af 
 flicting circumstance, of a domestic nature, made him 
 peculiarly anxious to return home. 
 
 Mr. Hay was extremely sorry that he could not 
 gratify the wishes of the jury ; but the interest of the 
 United States forbade him. He would have the in 
 dictments read at any hour in the morning that the 
 jury would name. Nine o clock was mentioned, and 
 the jury were then adjourned to that hour. 
 
 Mr. Wickham addressed the court. Mr. Hay fol 
 lowed ; and, in fact, all the counsel took part upon 
 matters and things in general. Colonel Burr wished 
 to stay these arguments, and said, that he acknow 
 ledged himself to be the person named in the indict 
 ment, and pleaded not guilty to the charge. The 
 counsel on the part of the government evidently wish 
 ed to stop here. This would not do. The chief jus 
 tice would not permit it. 
 
150 LIFE OF COLONEL BURR. 
 
 On Saturday, June 27, 1807, the chief justice de 
 livered the opinion of the court on the motion for an 
 attachment against General Wilkinson. 
 
 The motion now under consideration was heard at 
 this time, because it was alleged to be founded on a 
 fact which might affect the justice of the case in which 
 the court is. about to be engaged, and because, while 
 the bills were depending before the grand jury, the 
 court might, without impeding the progress of the 
 business, examine into the complaint which has been 
 made. 
 
 The motion is to attach General Wilkinson for a 
 contempt of this court, by obstructing the fair course 
 of justice, with regard to a prosecution depending be 
 fore it. In support of this charge has been offered the 
 testimony of Mr. Knox, who states a conversation be 
 tween General Wilkinson and himself, previous to his 
 being served with a subpoena, the object of which was 
 to extract from him whatever information he might 
 possess, respecting the expedition which was the sub 
 ject of inquiry in this court ; and who states, also, that 
 he was afterwards summoned before Judge Hall, who 
 examined, him upon interrogatories, and committed 
 him to jail, whence he was taken by order of the 
 deputy marshal, who was a military as well as; civil 
 officer, and put on board the Revenge, in which Gene 
 ral Wilkinson sailed, for the purpose of being brought 
 from New-Orleans to Richmond. 
 
 That unfair practices towards a witness who was 
 to give testimony in this court, or oppression, under 
 colour of its process, although those practices and that 
 
MFE OF COLONEL BURR. 151 
 
 oppression were acted in another district, would be 
 punishable in the mode now suggested, provided the 
 person who had acted therein came within the juris 
 diction of the court, is a position which the court is 
 not disposed to controvert ; but it is also believed that 
 this mode of punishment ought not to be adopted, un 
 less the deviation from law could be clearly attached 
 to the person against whom the motion was made, 
 and unless the deviation were intentional, or unless 
 the course of judicial proceeding were or might be so 
 affected by it as to make a punishment in this mode 
 obviously conducive to a fair and correct administra 
 tion of justice. 
 
 The conversation which took place between Gene 
 ral Wilkinson and the witness, on the arrival of the 
 latter in New-Orleans, was manifestly held with the 
 intention of drawing from him any information which 
 he might possess, relative to the expedition which was 
 then the subject of inquiry. In this intention there 
 was nothing unlawful. Government and those who 
 represent it, may justifiably and laudably use means 
 to obtain voluntary communications, provided those 
 means be not such as might tempt the person making 
 them to give an improper colouring to his representa 
 tions, which might afterwards adhere to them, when 
 repeated in court. The address stated to have been 
 employed, the condescension and regard with which 
 the witness was treated, are not said by himself to 
 have been accompanied with any indications of a de 
 sire to draw from him more than the truth. The offer 
 of money, if with a view to corrupt, could not be too 
 severely reprehended. It is certainly a dangerous 
 13* 
 
152 LIFE OF COLONEL BUKK. 
 
 species of communication between those who are 
 searching for testimony and the person from whom it 
 is expected. But in this case,, the court cannot con 
 template the offer as being made with immoral views. 
 The witness had a right to demand from those he was 
 expected to accuse, a small sum of money sufficient to 
 subsist him on his return to his home. He was asked, 
 whether, on receiving this sum, his objections to giv 
 ing testimony would be removed. This was certain 
 ly a delicate question, but it might be asked without 
 improper motives, and it was pressed no further. This 
 is not shown to be an attempt to contaminate the 
 source of justice, and a consequent contempt of the 
 court, in- which it is administered. 
 
 The imprisonment of Mr. Knox, and the order for 
 conveying him from New-Orleans to Richmond were 
 the acts of Judge Hall. Whether his proceedings 
 were legal or illegal, they are not shown to have been, 
 influenced by General Wilkinson, and this court cannot 
 presume such to have been the fact ; General Wilkin 
 son, therefore, is not responsible for them. They were 
 founded, it is true, on an affidavit made by him, but 
 there was no impropriety in making this affidavit, and 
 it remained with the judge to decide what the law 
 would authorize in the case. 
 
 All the subsequent proceeedings were directed by 
 the civil authority. The agents who executed the 
 orders of the judge were indeed military men, who, 
 most probably, would not have disobeyed the com 
 mander in chief ; but that officer is not responsible, 
 in this way, for having failed to interpose his authori 
 ty, in order to prevent the execution of the orders of 
 
LIFE OF COLONEL BUJIR. 153 
 
 the judge, even if those orders ought not to have been 
 given. 
 
 Upon a full view of the subject, the case appears to 
 have been this : General Wilkinson was desirous 
 that the testimony of the witness should be obtained ; 
 and aware of the accusations which had before been 
 brought against him, for the use he had made of the 
 military power, he was desirous of obtaining the testi 
 mony by lawful means, and therefore referred the sub 
 ject to a judge of the territory, under whose orders all 
 subsequent proceedings were taken. Whether the 
 judge did or did not transcend the limits prescribed 
 by law, those ministerial officers who obeyed his 
 orders cannot be supposed to have acted with a know 
 ledge that he had mistaken his power. Should it be 
 admitted that this would be no defence for them in an 
 action to obtain compensation for the injury, yet it 
 furnishes sufficient evidence that no contempt w r as in 
 tended to this court by General Wilkinson, that he 
 has not been guilty of any intentional abuse of its 
 process, or of any oppression in the manner of execu 
 ting it. 
 
 It is said that Captain Gains, the gentleman whom 
 the marshal appointed as his deputy for this particular 
 purpose, had not taken the oath of office, and was, 
 therefore, not legally qualified to act in that character. 
 However correct this observation may be in itself, it 
 does not appear to the court to justify an attachment 
 against General Wilkinson. The person who sees in 
 the possession of another a commission as deputy mar 
 shal, and sees that others are acting under that com. 
 mission, ought not to be subjected to a process of con- 
 
154 LIFE OP COLONEL BURR. 
 
 tempt for having made no inquiries respecting the oath 
 which the law requires to be taken. 
 
 The attachment will not be awarded, because Gene 
 ral Wilkinson cannot be considered as having control 
 led or influenced the conduct of the civil magistrate, 
 and because in this transaction his intention appears 
 to have been not to violate the laws. In such a case, 
 where an attachment does not seem to be absolutely 
 required by the justice due to the particular individual 
 against whom the prosecution is depending, the court 
 is more inclined to leave the parties to the ordinary 
 course of law, than to employ the extraordinary 
 powers, which are given for the purpose of preserving 
 the administration of justice in that purity which ought 
 to be so universally desired. 
 
 The court made the following order on the postpone 
 ment of the trial. 
 
 Aaron Burr, late of the city of New- York, and state 
 of New- York, attorney at law, who stands indicted 
 for treason, was this day brought to the bar in custody 
 of the marshal of this district, and thereof arraigned, 
 and pleaded not guilty to the indictment, and for his 
 trial put himself upon God and the country ; where 
 upon he is remanded to jail. And as the trial of the 
 said Aaron Burr cannot be had in the county of Wood, 
 where the offence is alleged to have been committed, 
 without great inconvenience, it is ordered, that a venire 
 facias issue, to the marshal of this district to be direct 
 ed, commanding him to summon forty-eight fit per 
 sons, qualified as the law directs, twelve of whom 
 from the said county of Wood, to appear here on the 
 
LIFE OF COLONEL BURR. 155 
 
 third day of August next, as a venire for the trial of 
 the said Burr. 
 
 The court then adjourned to Monday, 29th of June, 
 when the attorney for the prosecution said, that the 
 executive counsel for the commonwealth of Virginia 
 had offered the court the third story of the penitentiary 
 for the safe keeping of Aaron Burr. The court ac 
 cepted of the offer at first, but, on some objections to 
 it, the court postponed the question until the next day, 
 when the motion to commit him to said penitentiary 
 was renewed, and after some discussion, and an ex 
 planation of the counsel of state, it was adjudged that 
 the accused should be confined there. An adjournment 
 then took place until the 3d of August next. 
 
 Colonel Burr has always expressed his gratitude to 
 the good people of Richmond for their kind and gentle* 
 manly treatment to him, and for their confidence in 
 his honour, for there was not a moment, from the hour 
 he was confined in their prisons until he was discharg 
 ed by a verdict of acquittal, but that he might have es 
 caped if he chose. They knew it, but confided to his 
 honour, and found him true to it. 
 
 The court met, according to the adjournment, 
 August 3d, 1807. The counsel on the part of the 
 prosecution were not ready to proceed to trial, and 
 the court was adjourned, from time to time, until the 
 17th of August, before a jury could be impanelled. 
 Arguments of great length were made on various 
 questions, which, it would seem to most lawyers, had 
 long been settled in our courts of justice ; but the 
 court, on so important a trial, felt disposed to decide 
 no questions without hearing counsel On this day the 
 
156 LIFE OF COLONEL BURR. 
 
 indictment was read, when Mr. Hay opened the cause 
 on the part of government, in a very long speech, as 
 suming that unquestionably the prisoner was guilty of 
 high treason. Mr. Hay having finished his speech, 
 proceeded to call his witnesses, and General Wilkin 
 son was sworn. Colonel Burr objected to the order 
 of calling witnesses for examination, insisting that the 
 overt act must first be proved. The question was 
 argued in extenso on both sides. Charles Lee, of 
 Virginia, now appeared as counsel for Colonel Burr. 
 On the 18th, the chief justice gave his opinion upon 
 the point, which was, that the attorney for govern 
 ment should take his own course ; but the court re 
 served to itself the right of judging of the relevancy of 
 the testimony as it was elicited. 
 
 General Eaton was now called to the stand. His 
 testimony related only to conversations between him 
 and Colonel Burr, he could not state precisely when. 
 It consisted of hints about penetrating Mexico, inter 
 larded with the course Colonel Burr took to awake his 
 resentments ; of the just cause he had to be offended 
 with the government of his own country ; the manner 
 in which Colonel Burr suggested he might find an in 
 demnity. Conversations, he said, were held on the 
 characterW Miranda ; of Wilkinson ; of the witness 
 having suggested to the president the propriety of giv 
 ing Colonel Burr a foreign mission, to get him out of 
 the way not from any motives of friendship to him, 
 but to save his country from a revolution. Some 
 other matters were stated, but this was the substance 
 of his testimony. Something was said of a toast that 
 General Eaton, in his vanity, had sent to a printer for 
 publication. Commodore Truxton was next sworn, 
 
LIFE OF COLONEL BURR. 157 
 
 He knew nothing of Colonel Burr s acts ; he talked to 
 me of a Mexican expedition ; said that the Mexicans 
 were ripe for revolt ; he was positive that there would 
 be a war ; that he was about to complete a contract 
 for a large quantity of land on the Washita ; that he 
 intended to invite his friends to settle it ; that in one 
 year he would have a thousand families of respectable 
 and fashionable people to settle it ; spoke of the coun 
 try and his prospects in high terms. 
 
 Peter Taylor was next sworn as to what took place 
 at Blannerhasset s Island ; but it did not go to prove 
 any overt act on the island. The most of-his evidence 
 was hearsay. After the examination of several other 
 witnesses, all that were called to prove the overt act at 
 Blannerhasset s Island, the counsel for the accused ob 
 jected to the introduction of evidence of a.cts done be 
 yond the limits of the jurisdiction of the court. The 
 argument on this question lasted many days. It is 
 the most elaborate on any record in the English lan 
 guage. There was a great variety of talent engaged ; 
 all kinds of argument exhausted ; all sorts of rhetoric 
 displayed, from Gothic rudeness to oriental magnifi 
 cence ; every age was ransacked for precedents or 
 similarities ; every authority, from the dark ages to 
 the present day, were cited. On Monday, August 31, 
 1807, the chief justice delivered his memorable opinion, 
 which for clearness, ability, impartiality and indepen 
 dence, has no superior. It extended to 45 close 
 octavo pages. Its result was, that " no testimony, re 
 lative to the conduct or declarations of the prisoner 
 elsewhere and subsequent to the transactions on Blan 
 nerhasset s Island, can be admitted, because such tes 
 timony, being in its nature merely corroborative, and 
 
158 \ LIFE OP COLONEL BUttR, 
 
 incompetent to prove the overt act in itself, is irrele 
 vant until there be proof of the overt act by two wit 
 nesses." This opinion was read in presence of the 
 jury, in the nature of a charge to them. On the open 
 ing of the court, Tuesday, September 1, 1807, Mr. 
 Hay informed the court that he had nothing to offer 
 to the jury, of evidence or argument, that he had ex 
 amined the opinion of the court, (which the chief jus 
 tice had handed to him,) and must leave the case with 
 the jury. The jury retired, and in a short time re 
 turned a verdict of acquittal. 
 
 The nation, although every thing had been directed 
 to forestalling public opinion, were satisfied that the 
 acquittal was just, and most began to believe that the 
 prosecution, if not malicious, was the creation of po 
 litical management. Wilkinson had become suspected, 
 and wished for something tp redeem his lost charac 
 ter ; and this circumstance was seized. From vanity, 
 free living, and assumption of consequence, he had 
 disgusted most of his old friends, and he had made but 
 few new ones. This goes far to show the cause of 
 his course of conduct. General Eaton had just 
 returned from his splendid African intentions and spi 
 rited acts, and was coldly received by the men in 
 power. His accounts were unsettled, and the presi 
 dent had no sympathy with martial glory. He had 
 no means left to secure executive favour, but the one 
 he pursued. It was an inglorious one ; but he was 
 prepared for degradation, by dissipated habits, and 
 profligate expenditures. Mr. Jefferson, too, wished 
 for something to awaken rx>w sympathies from the na 
 tion, and what could be of higher service to his coun 
 try than to suppress a conspiracy. Cicero, after all 
 
LIFE OF COLONEL BURR. 159 
 
 his literary exertions for fame, prided himself in hav 
 ing saved Rome from the machinations of Catiline. 
 The philosopher panted for the same meed of glory. 
 He was disappointed ; and expressed this feeling in 
 his message to congress, October 27, 1807, in no mea 
 sured terms. After detailing other evils, which had 
 come in various shapes, he says, 
 
 u I informed congress, at their last session, of the 
 enterprises against the public peace, which were be 
 lieved to be in preparation by Aaron Burr and his as 
 sociates, of the measures taken to defeat them, and 
 to bring the offenders to justice. Their enterprises 
 were happily defeated by the patriotic exertions of 
 the militia, whenever called out into action, by the fi 
 delity of the army, and energy of the commander in 
 chief, in promptly arranging the difficulties presenting 
 themselves on the Sabine, repairing to meet their ar 
 riving on the Mississippi, and dissipating, before their 
 explosion, plots engendered there. I shall think it 
 my duty to lay before you the proceedings, and the 
 evidences publicly exhibited on the arraignment of 
 the principal offenders before the district (circuit) 
 court of Virginia. You will be enabled to judge whe 
 ther the defect was in the testimony, in the law, or in 
 the administration of the law ; and wherever it shall 
 be found, the legislature alone can apply or originate 
 the remedy. The framers of our constitution certain 
 ly supposed they had guarded, as well their govern 
 ment against destruction by treason, as their citizen s 
 against oppression, under pretence of it ; and if their 
 ends are not attained, it is of importance to inquire by 
 what means, more effectual, they may be secured." 
 14 
 
160 LIFE OF COLONEL BURR. 
 
 The servants of the government deserved, and re 
 ceived their reward. Mr. Hay was not twenty-four 
 hours without communications from Washington, and 
 he had not art enough to conceal the situation in 
 which he stood. Wirt was looking for patronage, 
 and was ready to work up his whole store of rhetoric 
 for the occasion. Colonel Burr was not only vexed, 
 and put to great expense in Kentucky and Tennessee, 
 yet in both places he was fairly and honourably ac 
 quitted, but it was necessary to wed the military and 
 civil power together to drag him twelve hundred miles 
 for a vexatious trial ; and the humblest part of the ma 
 chinery was rewarded. For more than seven months 
 Colonel Burr suffered imprisonment, insult, and heavy 
 expenses, to defend himself against the strong hand of 
 power, that never felt a placable moment, nor ceased 
 an instant from persecution ; against the insinuations 
 of bloated military imbecility, tottering in the pride of 
 place, and the hallucinations of inebriety, begetting 
 upon itself the nightmare-shapes of fear, all which were 
 pressed to turn to good account at the comptroller s 
 office. During this long agony Colonel Burr never 
 suffered his philosophical composure to desert him for 
 a single moment. In prison, under the lash of the most 
 vituperative eloquence, he wore the same unruffled 
 demeanour. In every excitement in the trial, he was 
 the oil upon the water, and smoothed the angry bil 
 lows. His speeches were short, pithy, and pointed, 
 and had their effect. If a martyr of the ancient church 
 had been on trial, he could not have had a better com 
 mand of his temper than Colonel Burr exhibited. The 
 chief justice was cautious, prudent, but direct and 
 fearless. Hejieard arguments until all were exhausted, 
 
LIFE OF COLONEL BURR. 16 1 
 
 without any restlessness, and made up his mind calm 
 ly and cautiously, but expressed his opinions with 
 great firmness and decision. His fame might rest on 
 this trial alone ; but his life has been one of fearless 
 honesty, and almost unexampled popularity. The 
 force of party rancour never reached him ; the popu 
 lar gale never swayed him, and even executive denun 
 ciations did not disturb his serenity. 
 
 To show the prejudices and outrages that Colonel 
 Burr had to fight against, we must go beyond the trial 
 itself. Every engine was set to work to poison all 
 the channels of public opinion. Now and then a sin 
 cere friend ventured to speak his mind fearlessly, and 
 with a powerful voice. The following letter from 
 Luther Martin is worthy of record, from the depth of 
 its feeling, and the strength of its satire, united to the 
 justness of the whole current of sentiment to be found 
 in the production. 
 
 <" BALTIMORE, July 23d, 1807. 
 
 u Messrs. Zebulon Hollingworth, John Gilpin, James 
 Sewell, Thomas W. Veasy. 
 
 " GENTLEMEN I find from the public papers, that 
 on the 4th of July, you respectively officiated in the 
 respective characters of president, vice president and 
 secretaries, at a meeting of the citizens of Cecil county, 
 held at Elkton, to celebrate the anniversary of Ameri 
 can independence ; and it is as persons who officiated 
 in those characters, and in consequence of your con 
 duct on that occasion, that I now take the liberty of 
 addressing you. 
 
 " On the 4th of July, 1776, we declared ourselves 
 independent states, free from the tyranny and despot- 
 
162 LIFE OF COLONEL BURR. 
 
 ism of any nation on the earth, and proceeded to es 
 tablish governments for the sacred security of the 
 property, the reputation, the liberty and the life of 
 every person who should be so far blest as to be citi 
 zens of those governments. We then pledged our 
 selves to the God of the universe, that the property, 
 the reputation, the liberty and the life of every citizen 
 should be safe, should be protected against the tyranny 
 of the one or the many, and should only be taken from 
 them by the laws of their country, faithfully, honestly, 
 and impartially dispensed, by an open, fair, impartial 
 trial, decided upon legal evidence, in which every bene 
 fit to be had from counsel, is secured, by the constitu 
 tion, to the citizen, who is as to either assailed. 
 
 " Let me ask you, gentlemen, to what use, or, more 
 properly, abuse, did you turn the anniversary of thai 
 day? Was your conduct calculated to preserve 
 and secure those blessings, for the enjoyment of which 
 the people of America heretofore hazarded all that 
 was dear ? Or was it calculated to render them more 
 insecure than even under Asiatic despotism ? 
 
 " Let me examine this question. I have seen your 
 list of toasts drank on that day, as published by your 
 selves. 
 
 " On your volunteers I shall make no remarks. 
 After seventeen bumpers had been drank, I can make 
 great allowances for any thing that took place ; but 
 for the toasts deliberately prepared, and agreed to be 
 drank on that day, myself, my fellow-citizens, and the 
 world at large, do and will hold you answerable. 
 Three of these toasts will be the subject of my ani 
 madversions. 
 
 " The 7th is in the following words ;. 
 
LIFE OP COLONEL BURR. 163 
 
 " The grand jurors lately impanelled at Richmond, 
 to indict the traitors of their country May their zeal 
 and patriotism in the cause of liberty, secure them a 
 crown of immortal glory, and the fruits of their labour 
 be a death wound to all conspirators.* 
 
 The 8th, * Luther Martin, the ex-attorney gene 
 ral of Maryland, the mutual t and highly respected 
 friend of a convicted traitor May his exertions to 
 preserve the Catiline of America, procure him an 
 humble coat of tar, and a plumage of feathers that 
 will rival in finery all the mummeries of Egypt. 
 
 " The 9th. Aaron Burr, the man w r ho once re 
 ceived the confidence of a free people May his 
 treachery to his country exalt him to the scaffold, and 
 hemp be his escort to the republic of dust and ashes/ 
 
 " To any person of common sense, who possesses 
 one sentiment of candour, one human feeling of the 
 heart, it would be supposed, that none but demons 
 from hell could, on such an occasion, have deliberately 
 prepared and drank the foregoing toasts, unless they 
 had the most perfect knowledge of Colonel Burr s 
 guilt. And, even in that case, he would naturally con 
 clude the persons to be savages or descendants of 
 savages, who, when they kill their prisoner, feast their 
 inhuman souls with every cruelty of torture. 
 
 " But, gentlemen, have you any knowledge that 
 Colonel Burr is guilty of treason, or of any other 
 offence ? Doth either of you know of one single fact, 
 to prove upon him guilt of any kind? Why have you 
 not come forward and informed your government ? 
 And why had I not the pleasure of seeing you as wit 
 nesses at Richmond ? 
 14* 
 
164 LIFE OP COLONEL BUKK, 
 
 " I know your answer. You must confess that you 
 have no personal knowledge of any thing criminal 
 that has been committed by Colonel Burr, but that m 
 the Aurora, the Argus, and many other democratic 
 papers, you have seen him charged with not only mis 
 demeanours but treason ; nay, you will probably say r 
 that the president of the United States, in his message 
 to congress, declared his guilt to be placed beyond 
 doubt. 
 
 " And after the length of time you have lived, a 
 length of time which has whitened some of your heads ;. 
 after the different public appointments which some of 
 you have executed, am I to put you in mind, that not 
 one shilling s worth of your dirty property can be taken 
 from you without your having an opportunity of being 
 personally heard,, nor without legal evidence, delivered 
 on oath in your presence, with liberty, ofi your part, to- 
 cross-examine, and by other evidence to contradict ? 
 And yet you have, to the utmost of your power, wanton 
 ly and wickedly assailed the good name, fame and repu 
 tation of Colonel Burr, upon no evidence ! You have 
 done what is still more wicked, you have, without any 
 evidence, assailed his life ! For, are you now, for the 
 first time, to be instructed, that whenever a person is 
 to be tried for a charge, which is punishable with 
 death, he who endeavours to prejudice and inflame the 
 public mind against him, he who does any act of a 
 tendency to prevent the accused from having a fair* 
 dispassionate, impartial trial, is, in the eye of God, 
 guilty of as murderous an intention as if he attempted 
 to plunge a dagger to his heart ? Equally murderous, 
 but infinitely more cowardly as the danger of punish 
 ment in the first case is meant to be avoided. What 
 
LIFE OF COLONEL BURR. 165 
 
 think you, gentlemen, of the cowardly wretch, who, 
 anxious for the blood of an enemy, but fearful of dan 
 ger or of punishment, slips a stiletto into the hands of 
 an assassin, and points to the victim ? What think 
 you of yourselves, and the rest of those who drank 
 your savage toasts ? Would you not have swallowed 
 the beverage in your glasses, had it been the blood of 
 Colonel Burr, with more pleasure than the juice of the 
 grape ? Would not those who could express such 
 savage delight in the hope of his death, could they do 
 it with impunity, rip open his breast, tear out his heart, 
 gnaw it with their teeth, and suck down its blood, as 
 acted the blood-thirsty Parisians toward the amiable, 
 the accomplished, the beautiful Lamballe ? And 
 know you not, that the gentleman, whose death would 
 be such a feast to your savage souls, has a daughter 
 as amiable, as accomplished, as lovely as was Lam 
 balle ; and to her you have been drinking a life of 
 unutterable misery ? You may, possibly, think this 
 language severe ; but, in a case like this, no language 
 can be severe. 
 
 " I would wish to harrow up every feeling of your 
 souls, if, indeed, such souls can have any feeling ! 
 
 " You have toasted the grand jury, when you knew 
 not whether they did right or wrong ; when you knew 
 not whether the persons indicted, are traitors or inno 
 cent citizens ; whether the grand jury were actuated 
 by zeal and patriotism in the cause of liberty, or by 
 zeal and sycophancy in the cause of persecution ; 
 whether their conduct deserves a crown of immortal 
 glory, or a noose of immortal infamy ; for you have 
 no knowledge that can enable you to decide upon the 
 propriety or impropriety of their conduct. The 
 
LIFE OF COLONEL BUIllt. 
 
 toast, therefore, only stands staring you in the face, 
 to your eternal dishonour, as a proof of your ferocity 
 against Colonel Burr. Nor, gentlemen, will the 
 grand jury thank you for the toast. They were gen 
 tlemen of honour, of worth, of humanity ; they were 
 not actuated by the hellish wish, that the persons, con 
 cerning whose conduct they were to inquire, should 
 prove to be guilty ; nor did they, in returning the 
 bills true, feel an infernal pleasure. No, sirs, not a 
 man of that grand jury assented to the finding of the 
 bills, whose heart will not enjoy an exquisite pleasure 
 should their innocence, on a fair, impartial trial, before 
 a petty jury, (if, indeed, such a trial can be had, and 
 which you have murderously endeavoured to prevent,) 
 be made manifest. Not a friend of the gentlemen in 
 dicted blames the grand jury. But are you to be in 
 formed, that the grand jury can only act upon evidence 
 selected, and sent to them for the very purpose of pro 
 ving guilt ; examined ex parte ; and that perjury can 
 there appear unappalled ! And are you to be inform 
 ed, that the benign spirit of our laws, even after in 
 dictment, presumes innocence ? those laws that are 
 said to be our government, which you are bound to 
 support ; and yet you, good, virtuous republicans, who 
 boast of your love of liberty, your sacred regard for 
 the laws, and who call yourselves the protectors, the 
 guardians of the rights of every man, have thought 
 proper not only to presume guilt, but have presumed 
 to hold up to the indignation of your country, him 
 whom the laws of your country presume to be inno 
 cent ! 
 
 " And now let me inquire who is this gentleman 
 whose guilt you have pronounced, and for whose blood 
 
LIFE OF COLONEL BURR. 167 
 
 your parched throats so thirst ? Was he not, a few 
 years past, adored by you next to your God ? I mean 
 your earthly God ; for whether you believe in a deity, 
 who has any government over your republic of dust 
 and ashes, I know not. Were you not then his 
 warmest admirers ? Did he not then possess every 
 virtue ? Had he then one sin even a single weak 
 ness of human nature ? He was then in power. He 
 had then influence. You would then have been proud 
 of his notice. One smile from him would have bright 
 ened up all your faces. One frown from him would 
 have lengthened all your visages. 
 
 " But now he is a private citizen he is now no 
 longer in power he is now persecuted ! and, behold, 
 he is now a Catiline he is now a traitor. Your 
 prayers are now that he may be exalted to the scaf 
 fold that hemp may be his escort to the * republic of 
 dust and ashes ; and to these invocations you have 
 prostituted the anniversary of a day, which only oughf 
 to be held dear as long as government, consequently 
 established, shall sacredly protect property, reputa 
 tion, liberty and life. 
 
 " Go, ye holiday, ye sunshine friends ye time ser 
 vers ye criers of hosanna to-day and crucifiers to 
 morrow go hide your heads, if possible, from the con 
 tempt and detestation of every virtuous, every honour 
 able inhabitant of every clime. 
 
 " Ygur eighth toast, as it personally relates to my 
 self, gives me no uneasiness. I only notice it, as pro 
 ving the accursed malignity of your hearts towards 
 Colonel Burr. 
 
 " As to myself, I have never insulted or injured a 
 single individual, who, on that occasion, celebrated the 
 
168 LIFE OF COLONEL BURR. 
 
 day. In the whole company I had not a personal 
 enemy ; nor was there a man among you that had 
 reason to be so. With many of that company, per 
 haps with all, I had been personally acquainted. I 
 had been in habits of receiving and returning polite 
 attentions ; on some, at least, of the company, I had 
 conferred benefits ; nor was there one man in the com 
 pany, on whom I would not have conferred any bene 
 fit he needed, and in my power with propriety to have 
 bestowed. Nay, so well do I know you all, and the 
 good will that you possess for me, that I have the most 
 perfect confidence, had I arrived at Elkton the moment 
 after you had drank your eighth toast, and entered 
 your room, you would have received me in the most 
 friendly manner ; you would have requested me to 
 share in the festival ; and your politeness would have 
 induced you to have suppressed your ninth and tenth 
 toasts. 
 
 " Having thus done you justice, having acquitted 
 the company, to a man, of any personal resentment 
 against me, let me state what was my conduct, which 
 induced you deliberately to prepare and deliberately 
 to drink the eighth toast. 
 
 " I had appeared as one of Colonel Burr s counsel ; 
 and pray doth not the constitution most sacredly se 
 cure to him the benefit of counsel ? Can it then be 
 said that a person shall be criminal, or even censura 
 ble, for doing what your constitution authorizes him 
 to do ? Nay, if by public clamour, counsel is to be 
 intimidated, and prevented from appearing for the 
 accused, is not the constitution thereby violated ? 
 and is not the accused thereby deprived of a consti- 
 
LIFE OF COLONEL BURR. 169 
 
 tutional right, and, if convicted, unconstitutionally con 
 victed ? 
 
 " But I appeared in his defence as his friend, not 
 merely as an attorney for my fee. And how long has 
 it been, or upon what maxim is it established, that to 
 do an authorized act, from motives of friendship, is 
 less honourable than from motives of sordid interest ? 
 
 " But you will say that you believe him guilty of trea 
 son. I reply, you have no legal evidence on which you 
 can found this belief. I will further say, that I, who have 
 infinitely better information on the subject, believe 
 Colonel Burr to be as innocent of any thing treason 
 able, in act or intent, as the infant unborn ; and that I 
 believe the executive of the United States is at this 
 time of the same opinion ; and for the truth of this as 
 sertion I appeal to my God. And I further answer, that 
 if Colonel Burr was as guilty of treason as you, with 
 out any knowledge of the fact, declare him to be, yet 
 he is entitled to a fair and impartial trial ; and the con 
 stitution secures to him the benefit of counsel. You 
 will, perhaps, as your last resort, for, in truth, you 
 have no other, tell me that, at all events, you wish 
 him to be hung, and therefore are enraged at every 
 thing which interferes with your wishes. Then, sirs, 
 you ought to proceed in the true French style, for 
 which, indeed, you appear quite ready hang first, 
 and try afterwards P it would save a world of trouble, 
 and gratify many a revengeful malignant fiend. 
 
 " The whole burthen of my crime is resolved to this, 
 that I have, in a case where the honour, the life of a 
 friend, and the happiness of all who are dear to him, 
 are at stake, had the hardihood, even although it might 
 prevent you from feasting on his blood, to offer to him 
 
170 LIFE OF COLONEL BURR. 
 
 from motives of friendship, those services which the 
 trifling abilities my God hath kindly bestowed on me, 
 may enable me to render him. I have thrown my 
 body as a shield between the dagger of the assassin 
 and the heart intended to be pierced ! 
 
 " And for this conduct, for which, if history records 
 the event, I shall be respected as long as the page of 
 history shall last, by all the worthy and good ; yes, 
 for this conduct, not only innocent, but praiseworthy, 
 if any conduct of man can be so you, the advocates of 
 the constitution you, exclusive republicans you, the 
 supporters and advocates of the rights of man, and of 
 a government of laws you, the sworn enemies of 
 despotism, in whatever shape it may appear would, if 
 in your power, arm an infuriated mob against a private 
 individual who never gave you the slightest cause of 
 complaint, and would be glad to see him, if his life 
 was spared, suffer insult and injury to the last extreme 
 which could be inflicted ! Remember, gentlemen, I 
 only hold up to your view the mirror of truth : blame 
 yourselves only for the monstrous images of deformi 
 ty which meet your vision. 
 
 " In your toast you have particularly noticed me, 
 as * the mutual and highly respected friend of an in 
 dicted traitor. 
 
 "Remember, gentlemen, a few years only have 
 passed since you boasted of your friendship for Colo 
 nel Burr. Your tongues, at that time, moved as quick 
 ly, and with as much ease, as doth the aspen leaf un 
 der the influence of the atmosphere, in his praise ; and 
 had I then presumed to have treated his name as you 
 have treated it, I should not have been surprised if I 
 had been tarred and feathered ; and, indeed, should 
 
LIFE OF COLONEL BURR. 17| 
 
 have thought that I richly deserved it He was then 
 your political friend ; such he never has been to me. 
 Our friendship has been personal, our politics have 
 ever been different* Think, then, if my heart was 
 such a heart as you possess ; that my friendships 
 were formed from political motives only, and depend 
 ed entirely upon the situation of the person whe 
 ther he was in power, or a private citizen ; whether 
 he was the object of executive favouritism or persecu 
 tion : cannot you suppose such a heart might be grati 
 fied in the extreme, to see that power which he did 
 bestow, which he only could have bestowed, upon one 
 who now possesses power, (a truth notorious, and 
 which democracy hath often acknowledged,) now ex 
 erted for the destruction of him who gave it ? Yes, 
 gentlemen, if my heart was like yours, I might, per 
 haps, take as savage a pleasure in beholding his exe 
 cution as it is evident you would take. 
 
 44 A few words more before we part. You have 
 shown to the world a disposition to expose me to an 
 enraged mob ; a disposition to see me suffer insult and 
 injury, and what I suppose such beings as you would 
 call disgrace. My life, 1 acknowledge, is in the power 
 of an assassin ; it is in the power of an infuriated multi 
 tude ; but to me that is a consideration which never 
 hath, nor never will influence my conduct. I know 
 that I must die. To me, who have lived longer than I 
 had a right to expect, the time when it shall take place 
 is not to myself of much consequence ; nor do I know 
 that it is so to my country ; but there is a number of 
 individuals to whose felicity my life is of importance ; 
 for their sake I would not rashly expose it. As to 
 the manner in which my life shall terminate : whe- 
 15 
 
172 LIFE OF COLONEL BURR. 
 
 iher surrounded by my friends in my bed ; whether 
 torn limb from limb by an enraged mob ; or whether 
 perjury should " exalt me to the scaffold," is to me 
 perfectly indifferent: my future existence will not be 
 thereby affected ; nor can I, by the manner of my 
 death, nor by brutal violence in my life, be disgraced. 
 I shall hold my reputation and my honour on a much 
 surer tenure than the unstable voice of what is called 
 popularity, to obtain which I never sacrificed one feel 
 ing of my heart, nor one duty which I owed either to 
 God or to man. 
 
 " I AM KNOWN, and I am respected, in every state 
 and in every territory belonging to the United States. 
 I repeat, / am RESPECTED. Do you wish to know 
 why ? Because my heart is the very reverse of those 
 belonging to my Elkton toasters ; because 1 never in 
 tentionally injured a human being ; because, instead of 
 increasing the miseries of human life, I would, if possi 
 ble, render this world a paradise ; because my wishes 
 have been proved sincere by my conduct, as far as 
 my fortune and my situation in life have given me 
 power ; and because it is known I am incapable of 
 deserting a friend in distress. 
 
 " On the subject of mobs, permit me to assure you, 
 I fear no violence from any combination of American 
 citizens. By that description I mean all those, of what 
 ever clime, who were here when the peace of 1783 took 
 place, and the descendants of all such persons. My 
 name disclosed, even should my person not be known, 
 would, as to them, be a security from violence. 
 
 " I now, gentlemen, take my leave of you, most sa 
 credly assuring you, that, as to what relates to my 
 self, I freely forgive you, and that I feel no resent- 
 
LIFE OF COLONEL BURR. 173 
 
 ment against you. My indignation hath been excited 
 and expressed against your conduct on account of 
 Colonel Burr ; on account of its immediate tendency, 
 and your wicked intentions, to deprive him, in a case 
 where his honour and his life are at hazard, of that fair 
 and impartial trial, which the constitution and laws of 
 your country stand pledged to him that he should 
 have; of which pledge, with a sacrilegious hand, you 
 have robbed him. And I have been actuated by a wish 
 to express to the public my detestation of, and, as far 
 as in my power, put an end to that infamous, that infer 
 nal, that murderous conduct, which has been com 
 mon in the democratic papers, and too much counte 
 nanced in the federal papers, to make the press, which 
 ought to be the guardian of public liberty, the shield 
 of innocence, and, even as to guilt, the angel of mercy; 
 to make that press the demon of envy, hatred and re 
 venge, the Moloch of persecution, whenever personal 
 or political enemies were to be hunted down : a prac 
 tice, not only the dishonour and disgrace of this coun 
 try, but under which no man can be safe. Such has 
 been the conduct of printers on a former occasion as 
 to Colonel Burr ; such has been the conduct of printers 
 in the case of Selfridge ; such has been the conduct of 
 printers in the present case as to Colonel Burr ; but 
 you, gentlemen have the unparalleled guilt, which I 
 hope will never be paralleled, of endeavouring to turn 
 the fourth of July into an auto da fe, on that day to 
 burn your victims. 
 
 " And remember, gentlemen, what is Colonel Burr s 
 case now, may be the case of any one of you here 
 after, unless you are protected by your insignificancy. 
 You may become obnoxious to individual hatred ; you 
 
174 LIFE OF COLONEL BURR. 
 
 may become obnoxious to some future administra 
 tion ; you may be accused of some capital crime ; 
 interest and influence, hatred and malice, may in 
 flame the public mind against you ; the celebrators of 
 the fourth of July may devote you to a halter, before 
 a jury whose minds have been poisoned against you ; 
 you may be brought for trial before a jury that has 
 already prejudged your cause, from the public pa 
 pers, as you have prejudged the cause of Colonel 
 Burr. Their fiat is to determine whether you die 
 an ignominious death ; whether your wives and chil 
 dren shall suffer despair and distraction. In such a 
 situation you will feel the infamy of that conduct of 
 which your have boasted ; and you will then know 
 how to appreciate the merits of any gentleman who 
 shall dare to advocate your cause, even for the consi 
 deration of money, leaving friendship out of the ques 
 tion. 
 
 " LUTHER MARTIN. * 
 
 I insert the three following letters from Mr. Jef 
 ferson to Colonel Burr, to show their intimacy while 
 the latier was in the senate of the United States from 
 the state of New- York, and the cause of the rupture 
 between them, as will clearly be seen by the second 
 and third letters. Mr. Jefferson s aim was to get Co 
 lonel Burr to commit himself; but this he did not do. 
 
 To Colonel Burr. 
 
 PHILADELPHIA, June 17, 1797. 
 
 DEAR SIR The newspapers give so minutely what 
 
 is passing in congress, that nothing of detail can be 
 
 wanting for your information. Perhaps, however, 
 
 some general view of our situation and prospects; 
 
LIFE OF COLDNEL BURR. 175 
 
 since you left us, may not be unacceptable. At any 
 rate, it will give me an opportunity of recalling myself 
 to your memory, and of evidencing my esteem for 
 you. You well know how strong a character of di 
 vision had been impressed on the senate by the British 
 treaty. Common error, common censure, and com 
 mon efforts of defence, had formed the treaty majori 
 ty into a common band, which feared to separate even 
 on other subjects. Towards the close of the last con 
 gress, however, it had been hoped that their ties began 
 to loosen, and their phalanx to separate a little. This 
 hope was blasted at the very opening of the present 
 session, by the nature of the appeal which the presi 
 dent made to the nation ; the occasion for which had 
 confessedly sprung from the fatal British treaty. This 
 circumstance rallied them again to their standard, and 
 hitherto we have had pretty regular treaty votes on 
 all questions of principle. And indeed I fear, that as 
 long as the same individuals remain, so long we shall 
 see traces of the same division. In the house of repre 
 sentatives the republican body has also lost strength. 
 The non-attendance of five or six of that description 
 has left the majority very equivocal indeed. A few 
 individuals, of no fixed system at all, governed by the 
 panic or the prowess of the moment, flap as the breeze 
 blows against the republican or the aristocratic bodies, 
 and give to the one or the other a preponderance en 
 tirely accidental. Hence the dissimilar aspect of the 
 address, and of the proceedings subsequent to that. 
 The inflammatory composition of the speech excited 
 sensations of resentment which had slept under British 
 injuries, threw the wavering into the war scale, and 
 produced the war address. Bonaparte s victories arid 
 15* 
 
176 LIFE OF COLONEL BURR. 
 
 those on the Rhine, the Austrian peace, British bank 
 ruptcy, mutiny of the seamen, and Mr. King s exhor 
 tations to pacific measures, have cooled them down 
 again, and the scale of peace preponderates. The 
 threatening propositions, therefore, founded in the ad 
 dress, are abandoned one by one, and the cry begins 
 now to be, that we have been called together to do 
 nothing. The truth is, there is nothing to do, the idea 
 of war being scouted by the events of Europe : but 
 this only proves that war was the object for w y hich we 
 were called. It proves that the executive temper was 
 for war ; and that the convocation of the representa 
 tives was an experiment of the temper of the nation, 
 to see if it was in unison. Efforts at negotiation in 
 deed were promised ; but such a promise was as diffi 
 cult to withhold as easy to render nugatory. If nego 
 tiation alone had been meant, that might have been 
 pursued without so much delay, and without calling 
 the representatives ; and if strong and earnest nego 
 tiation had been meant, the additional nomination 
 would have been of persons strongly and earnestly 
 attached to the alliance of 1 778. War then was in 
 tended. Whether abandoned or not, we must judge 
 from future indications and events : for the same se 
 crecy and mystery are affected to be observed by the 
 present, which marked the former administration. I 
 had always hoped, that the popularity of the late presi 
 dent being once withdrawn from active effect, the 
 natural feelings of the people towards liberty, would 
 restore the equilibrium between the executive and le 
 gislative departments, which had been destroyed by 
 the superior weight and effect of that popularity ; and 
 that their natural feelings of moral obligation would 
 
LIFE OF COLONEL BURR. 177 
 
 discountenance the ungrateful predilection of the exe 
 cutive in favour of Great Britain. But, unfortunately, 
 the preceding measures had already alienated the 
 nation who were the object of them, had excited re 
 action from them, and this reaction has, on the minds 
 of our citizens, an effect which supplies that of the 
 Washington popularity. This effect was sensible on 
 some of the late congressional elections, and this it is 
 which has lessened the republican majority in con 
 gress. When it will be reinforced must depend on 
 events, and these are so incalculable, that I consider 
 the future character of our republic as in the air ; in 
 deed, its future fortune will be in the air, if war is made 
 on us by France, and if Louisiana becomes a Gallo- 
 American colony. 
 
 I have been much pleased to see a dawn of change 
 in the spirit of your state. The late elections have 
 indicated something, which, at a distance, we do not 
 understand. However, what with the English influ 
 ence in the lower, and the Patroon influence in the 
 upper parts of your state, I presume little is to be hoped. 
 If a prospect could be once opened upon us of the 
 penetration of truth into the eastern states ; if the 
 people there, who are unquestionably republicans, 
 could discover that they have been duped into the 
 support of measures calculated to sap the very founda 
 tions of republicanism, we might still hope for salva 
 tion, and that it would come, as of old, from the east. 
 But will that region ever awake to the true state of 
 things ? Can the middle, southern and western states 
 hold on till they awake ? These are painful and 
 doubtful questions ; and if, in assuring me of your 
 health, you can give me a comfortable solution of 
 
178 LIFE OF COLONEL BURR. 
 
 them, it will relieve a mind devoted to the preserva 
 tion of our republican government in the true form 
 and spirit in which it was established, but almost op 
 pressed with apprehensions that fraud will at length 
 effect what force could not, and that what with cur 
 rents and counter-currents, we shall, in the end, be 
 driven back to the land from which we launched 
 twenty years ago. Indeed, my dear sir, we have been 
 but a sturdy fish on the hook of a dexterous angler, 
 who, letting us flounce till we have spent our force, 
 brings us up at last. 
 
 I am tired of the scene, and this day se nnight shall 
 change it for one, where, to tranquillity of mind, may 
 be added pursuits of private utility, since none public 
 are admitted by the state of things. 
 
 I am, with great and sincere esteem, dear sir, your 
 friend and servant, 
 
 TH : JEFFERSON. 
 
 P. S. Since writing the above, we have received a 
 report that the French Directory has proposed a de 
 claration of war against the United States to the 
 Council of Ancients, who have rejected it. Thus we 
 see two nations who love one another affectionately, 
 brought, by the ill temper of their executive adminis 
 trations, to the very brink of a necessity to imbrue 
 their hands in the blood of each other. 
 
 T. J. 
 
 To Colonel Burr. 
 WASHINGTON, December 15, 1800. 
 DEAR SIR Although we have not official informa 
 tion of the votes for president and vice president, and 
 cannot have until the first v/eek in February, yet the 
 
LIFE OF COLONEL BURR. 179 
 
 state of the votes is given on such evidence, as satis 
 fies both parties that the two republican candidates 
 stand highest. From South Carolina we have not 
 even heard of the actual vote ; but we have learned 
 who were appointed electors, and with sufficient cer 
 tainty how they would vote. It is said they would 
 withdraw from yourself one vote. It has also been 
 said that a General Smith, of Tennessee, had declared 
 he would give his second vote to Mr. Gallatin, not 
 from any indisposition towards you, but extreme reve 
 rence to the character of Mr. Gallatin. It is also sur 
 mised that the vote of Georgia will not be entire. Yet 
 nobody pretends to know these things of a certainty y 
 and we know enough to be certain that what it is sur 
 mised will be withheld, will still leave you four or five 
 votes at least above Mr. Adams. However, it was 
 badly managed not to have arranged with certainty 
 what seems to have been left to hazard. It was the 
 more material, because I understand several of the 
 high-flying federalists have expressed their hope that 
 the two republican tickets may be equal, and their de 
 termination in that case to prevent a choice by the 
 house of representatives, (which they are strong enough 
 to do,) and let the government devolve on a president 
 of the senate. Decency required that I should be so 
 entirely passive during the late contest, that I never 
 once asked whether arrangements had been made to 
 prevent so many from dropping votes intentionally, as 
 might frustrate half the republican wish ; nor did I 
 doubt, till lately, that such had been made. 
 
 While I must congratulate you, my dear sir, on the 
 issue of this contest, because it is more honourable, and 
 doubtless more grateful to you than any station within 
 
180 LIFE OF COLONEL BURR. 
 
 the competence of the chief magistrate, yet for myself, 
 and for the substantial service of the public, I feel most 
 sensibly the loss we sustain of your aid in our new ad 
 ministration. It leaves a chasm in my arrangements, 
 which cannot be adequately filled up. I had endea 
 voured to compose an administration, whose talents, 
 integrity, names and dispositions, should at once in 
 spire unbounded confidence in the public mind, and 
 insure a perfect harmony in the conduct of the public 
 business. I lose you from the list, and am not sure of 
 all the others. Should the gentlemen who possess the 
 public confidence decline taking a part in their affairs, 
 and force us to take persons unknown to the people, 
 the evil genius of this country may realize his avowal 
 that " he will beat down the administration." The re 
 turn of Mr. Van Benthuysen, one of your electors, 
 furnishes me a confidential opportunity of writing this 
 much to you, which I should not have ventured through 
 the post-office at this prying season. We shall, of 
 course, see you before the fourth of March. Accept 
 my respectful and affectionate salutations. 
 
 TH : JEFFERSON. 
 
 To Colonel Burr. 
 WASHINGTON, February 1, 1801. 
 DEAR SIR It was to be expected that the enemy 
 would endeavour to sow tares between us, that they 
 might divide us and our friends. Every consideration 
 satisfies me you will be on your guard against this, as 
 I assure you I am strongly. I hear of one stratagem, 
 so imposing and so base, that it is proper I should 
 notice it to you. Mr. Munford, who is here, says he 
 saw at New- York, before he left it, an original letter 
 of mine to Judge Breckenridge, in which are senti- 
 
LIFE OF COLONEL BURR. 181 
 
 merits highly injurious to you. He knows my hand 
 writing, and did not doubt that to be genuine. I en 
 close you a copy, taken from the press copy, of the 
 only letter I ever wrote to Judge Breckenridge in my 
 life : the press copy itself has been shown to several 
 of our mutual friends here. Of consequence, the letter 
 seen by Mr. Munford must be a forgery ; and if it 
 contains a sentiment unfriendly or disrespectful to you, 
 I affirm it, solemnly, to be a forgery ; as also if it 
 varies from the copy enclosed. With the common 
 trash of slander I should not think of troubling you ; 
 but the forgery of one s hand- writing is too imposing 
 to be neglected. A mutual knowledge of each other, 
 furnishes us with the best test of the contrivances 
 which will be practised by the enemies of both. 
 
 Accept assurances of my high respect and esteem. 
 
 TH : JEFFERSON. 
 
 The following letter from Jefferson s Correspond 
 ence, is added, to prove the disposition which has been 
 ascribed to him, and we insert it with the reflections 
 which have been made upon it in a work lately print 
 ed in Boston, entitled, " Familiar Letters on Public 
 Characters," &c. This work is attributed to the pen 
 of a distinguished lawyer and statesman, who has no 
 spleen to gratify, no resentments to settle, but who, in 
 the fearlessness of political and moral integrity, dares 
 to express his sincere opinions. We fully agree with 
 the writer, that " most extraordinary is it, that one of 
 his own family" (Mr. Jefferson s) " should have given 
 to the world the following picture of the true character 
 of the man :" 
 
182 LIFE OF COLONEL BURR. 
 
 To George Hay. 
 
 " MONTICELLO, September 4, 1807. 
 
 " DEAR SIR Yours of the 1st came to hand yester 
 day. The event has been." (Here a number of stars 
 are introduced, showing that something was written, 
 which even Mr. Jefferson s editor did not venture to 
 disclose}) " that is to say, not only to clear Burr, but 
 to prevent the evidence from ever going before the 
 world. It is now, therefore, more than ever indispen 
 sable, that not a single witness be paid, or permitted 
 to depart, until his testimony has been committed to 
 writing, either as delivered in court, or as taken by 
 yourself in the presence of any of Burr s counsel, who 
 may choose to cross-examine. These whole proceed 
 ings will be laid before congress, that they may de 
 cide, whether the defect has been in the evidence of 
 guilt, or in the law, or in the application of the law ; 
 and that they may provide the proper remedy for the 
 past and for the future. 
 
 " I must pray you, also, to have an authentic copy of 
 the record made out, (without saying for what,) and to 
 send it to me. If the judge s opinions make not a part of 
 it, then I must ask a copy of them, either under his hand, 
 if he delivers one signed, or duly proved by affidavit. 
 
 " This criminal is preserved to become the rallying 
 point of all the disaffected and worthless in the United 
 States ; and to be the pivot, on which all the intrigues 
 and conspiracies, which foreign governments may wish 
 to disturb us with, are to turn. If he is convicted of the 
 misdemeanour, the judge must, in decency, give us res 
 pite by some short confinement of him ; but we must 
 
LIFE OP COLONEL BURR. 183 
 
 expect it to be very short. Be assured yourself, and 
 communicate the same assurances to your colleagues, 
 that your and their zeal and abilities have been dis 
 played in this affair, to my entire satisfaction, and to 
 your own honour." 
 
 Such is the letter which Thomas Jefferson wrote 
 concerning the official conduct of John Marshall, chief 
 justice of the United States ! Is it or not the out 
 pouring of a peculiarly organized mind, at having lost 
 its expected victim ? Is it or not a search after means 
 to dishonour a judicial officer, perhaps to impeach and 
 remove him, because he did not convict, on solemn 
 public trial, with the guard of a jury, one whom Mr. 
 Jefferson had condemned in his closet, unheard, on the 
 testimony of his own parasites ? Is such a man a fit per 
 son to conceive of the solemnity and purity of the ad 
 ministration of justice, where human life is involved, 
 and where the law declares every man to be pre 
 sumed innocent until found guilty 1 If Mr. Jefferson 
 could have placed Talmadges and Halls on the bench, 
 at his pleasure, and could have packed his juries, what 
 would have been the fate of the " disaffected and 
 worthless," in this land of liberty ? Whatever may 
 be thought of Burr, and however desperately wicked 
 any one may please to think him, it is the principle of 
 action, disclosed in this letter, which terrifies and as 
 tonishes, considering what station he held who wrote 
 it. Here is one more proof, that those who talk and 
 boast the loudest of republican liberty, are the men 
 least qualified to be trusted with power. 
 
 This trial requires some remarks. In the course of 
 the argument, some suggestions were made, (and very 
 possibly in consequence of the letters written to Mr. 
 16 
 
184 LIFE OF COLONEL BtJKK.< 
 
 Hay by Mr. Jefferson, during the trial,) that 
 might be under some bias favourable to Colonel Burr. 
 These called for some notice on the part of the chief 
 justice. He did notice them with calmness, self-re 
 spect and dignity, which deserves to be remembered 
 for ever, not only to his due honour, but as an example 
 of judicial independence and propriety, on which, no 
 doubt, the liberties of this country depend, Mr. Jeffer 
 son s doctrines notwithstanding. 
 
 " Much," says the chief justice, " has been said, in 
 the course of the argument, on which the court feels 
 no inclination to comment particularly, but which 
 may, perhaps, not improperly receive some notice. 
 That this court dares not usurp authority is most true. 
 That this court dares not shrink from its duty is not 
 less true. No man is desirous of becoming the pecu 
 liar subject of calumny. No man, might he let the 
 bitter cup pass from him without self-reproach, w r ould 
 drain it to the bottom. But if he have no choice in 
 the case ; if there be no alternative prescribed to him. 
 but a dereliction of duty, or the opprobrium of those 
 denominated the world, he merits the contempt as 
 well as the indignation of his country, who can hesi 
 tate which to embrace. 
 
 " That gentlemen, in a case the most interesting, in 
 the zeal with which they advocate particular opinions, 
 and under the conviction, in some measure, produced 
 by that zeal, should, on each side, press their argu 
 ments too far, should be impatient at any delibera 
 tion in the court, and should suspect, or fear the ope 
 ration of motives, to which alone they can ascribe 
 that deliberation, is, perhaps, a frailty incident to hu 
 man nature ; but if any conduct on the part of the 
 
OF COLONEL BURR. 185 
 
 <court could warrant a sentiment that it would de 
 viate to the one side or to the other, from the line pre 
 scribed by duty and law, that conduct would be view 
 ed by the judges themselves with Tin eye of extreme 
 severity, and would long be recollected with deep and 
 serious regret." 
 
 These are the sentiments of one who understood 
 the sacred trust of administering justice according to 
 law, in a government of laws; sentiments which 
 Mr. Jefferson was incapable of conceiving. He is 
 rather to be commiserated than reproached for his 
 incapacity. 
 
 This trial deserves remark on other grounds. The 
 time may come, when a popular president and a sub 
 servient senate may place in judicial seats mere in 
 struments of executive will, This is one way in which 
 despotism may approach, and not an improbable one ; 
 quite as probable as in military form. We have al 
 ready seen something of this in Mr. Jefferson s reign 
 (embargo times ;) nothing was wanting then but the 
 proper instruments. 
 
 At the time of this trial, Mr. Jefferson had acquired 
 to himself, almost entirely by his pen, an astonishing 
 supremacy over public opinion. All who did not bow 
 to him were the " disaffected and the worthless." He 
 cordially hated Burr. Every measure had been taken 
 to pre-occupy the minds of the citizens against him. 
 It was hardly to be expected, that he should have a 
 fair trial anywhere ; and especially, perhaps, in the 
 state in which he was tried ; for there he had been 
 prejudged by many of the most influential men on 
 Mr. Jefferson s own assurances of his guilt. It is of 
 
186 LIFE OF COLOPfEL BURS. 
 
 no importance who or what the accused may have 
 been ; he was entitled to a trial according to law. 
 
 Taking the peculiar circumstances of the trial into 
 view, it is one of remarkable interest, and is well 
 worth consideration for the instruction which it im 
 parts. The accused had been the equal competitor 
 with his real prosecutor for the highest office in a 
 great republic. He was, for four years, second only 
 to him, and had but recently descended from his ele 
 vation. His trial was for his life, nor for his life only, 
 but that it might end on the gibbet, for a crime so in 
 famous as to include, in its complete perpetration, al 
 most every other in the catalogue of crimes. Here 
 was a grand jury who believed him so far guilty as to 
 think it their duty to subject him to that trial. Here 
 was a collection of jurors, as fair and impartial, per 
 haps, as the state of public excitement would permit : 
 and here were learned and eminent counsel on both 
 sides. The one intent to convict, not only because 
 they thought this the line of professional and patriotic 
 duty, but because they could not shut out from view% 
 that conviction would be grateful to the man of the 
 people. The other side, intent on applying the law 
 and the evidence, as it should be applied ; and, per 
 haps, influenced by the fact, that they had some re 
 sponsibility in shielding one whose condemnation 
 would have been, not merely an act of justice, but a 
 political triumph. Presiding over this contention, sat 
 one who could have felt no favour for the accused : 
 and who must have abhored the crimes which the in 
 dictment alleged. He could not have been ignorant 
 of the character of the prosecution. In such circum 
 stances, happily for him, he could rise above all mo- 
 
LIFE OF COLONEL BURR. 187 
 
 lives, which the pure administration of justice rejected. 
 It has rarely fallen to the lot of any man, to have had 
 occasion to seek so earnestly for the truth, both as to 
 the law and as to the evidence ; and to no man, to have 
 conducted himself with more dignity and magnani 
 mity, in the most responsible station in which one can 
 be placed. 
 
 There is an emotion of sadness in reflecting on the 
 professional labour of this case. The feelings and the 
 exertions of an advocate are little appreciated by the 
 world. The judge has to feel the way of his duty and 
 to adhere to it, leaving consequences to themselves. 
 The accused must be presumed to have thought of 
 consequences, before he took on himself to act ; but 
 he confides his hopes and his fears, his life and his 
 fame, to his counsel ; and they painfully realize that he 
 does so. Laborious, indeed, must have been the ex 
 ertions, in the intensity of summer, in a southern clime, 
 in this serious investigation. The arguments, as re 
 ported, give some intimation of <what these exertions 
 were, in searching out, comparing and arranging 
 authorities ; but they do not and cannot disclose to the 
 world the painful anxiety of preparing and delivering 
 the result of intense intellectual effort 
 
 There is one circumstance in this affair of Colone! 
 Burr, which ought to be noticed, as it shows Mr. Jef 
 ferson s views of the proper exercise of power. Swart- 
 wout and Bollman had been forcibly seized by General 
 Wilkinson at New-Orleans, and sent under guard to 
 the city of Washington, and there committed to prison. 
 If these persons had been guilty, or liable to be put on 
 trial at all, the trial should have been had in the dis 
 trict in which the crime was committed, viz. the Mis- 
 
188 LIFE OF COLONEL BUKR, 
 
 sissippi territory, in which the seat of justice was at 
 New-Orleans. These persons moved the court for a 
 writ of habeas corpus, and both of them were dis 
 charged, because the proper place of prosecution, if 
 there were evidence against them, was New-Orleans, 
 and not the city of Washington. If Wilkinson did 
 not act by order of Mr. Jefferson, he acted with his ap 
 probation. Hence it appears what views Mr. Jeffer 
 son entertained as to the exercise of power ; and what 
 he would have done, if his friend Giles s motion to sus 
 pend the writ of habeas corpus had prevailed, The 
 only apology which can be offered for Mr. Jefferson 
 is, that he seems to have sincerely believed the will of 
 a president elected by the people, (and none could be 
 considered as part of the people who did not vote for 
 him,) to be the supreme law. Thus it is obvious, that 
 the will of such a president is a despotism ; . and of the 
 worst sort, because he can give it the forms of law, 
 when he can surmount the obstacle of judiciary inter 
 ference. 
 
 In 1807 Colonel Burr sailed for London, by way of 
 Halifax, determined to see something of the world, 
 while the waves of prejudice were rolling over him. 
 Among his first acquaintance in England was the cele 
 brated Jeremy Bentham. Colonel Burr, on his arri 
 val, called on his bookseller, with whom he had often 
 corresponded, for a supply of books, and made particu 
 lar inquiries for his old favourite author, Bentham, and 
 wished to be informed if he had lately published any 
 work, as he was anxious to see any thing from his 
 luminous and powerful mind. This compliment was 
 conveyed to Bentham, who, obtaining Colonel Burr s 
 
LIFE OF COLONEL BURR. 189 
 
 address, shortly afterwards called on him, and an ac 
 quaintance commenced which soon ripened into a 
 high admiration of each other, which knew no 
 abatement. Bentham invited the self-exiled stran 
 ger to his hospitable mansion, to become an inmate. 
 They lived together for some time. Bentham was 
 engaged with his pen and Burr with his books a 
 greater part of the day ; but their hours of relaxation 
 were regular and systematic, and then they entered 
 into a free interchange of opinions. The guest was 
 delighted with the extended views of legislation and 
 jurisprudence which the host had taken and was fond 
 to support, and the latter was edified by the shrewd 
 remarks and more practical views of his friend, who 
 had for many years been a practical as well as a 
 theoretical statesman and lawyer. Bentham was only 
 eight years older than his companion, and of course 
 there could be no essential dissimilarity from diffe 
 rence of years. They enjoyed their classical and 
 polemic interviews with a fine relish, and felt them 
 selves mutually entertained and instructed by their 
 social relations. Many sought and shared their so 
 ciety, for both had been sufficiently known to the 
 w r orld to be subjects of curiosity as well as of interest. 
 Several of the lawyers and of the literati made an 
 acquaintance with Colonel Burr, and expressed no 
 common share of interest in his welfare. Among 
 others, was the learned Rives, a lawyer of high stand 
 ing at the London bar. From the machinations of 
 his enemies, Colonel Burr was not suffered to stay in 
 this retreat, on the island where freedom is supposed to 
 be enjoyed in a higher degree than any where else. 
 The government became alarmed, and although at 
 
190 LIFE OF COLONEL BURR. 
 
 this time it must excite a smile, were apprehensive of 
 his military reputation, and warned him that he 
 could no longer reside under the British banners, and 
 was requested to name the place he wished to be sent 
 to. He, at first, requested to be allowed to go to 
 France or Ireland. This did not suit the views of the 
 ministry. He then proposed Russia or South Ameri 
 ca. These places were still more objectional. The 
 ministry then suggested Heligoland as a proper situa 
 tion. His answer was, the British nation has not 
 power to carry me there alive. I will not go. Hav 
 ing become acquainted with the Swedish ambassador 
 to the court of St. James, he obtained from him a pass 
 port to visit Sweden, and to this Lord Liverpool could 
 not object. It seems the British ministry had the same 
 fears of Colonel Burr, in 1809, that they had of Bona 
 parte after his capture. Heligoland is an island in 
 the German ocean, more barren than even St. Helena. 
 It is a rock, situate in an inclement region, that seldom 
 feels one of the salubrious gales of Helena ; and with 
 but little more refinement among its few inhabitants 
 than there is vegitation upon its surface. It is not only 
 amusing, but extraordinary, that the British govern 
 ment, in their high and palmy state, when they had 
 fought the battles of the Nile and Trafalgar, should 
 fear the powers of a single individual, who was with 
 out followers or pecuniary means to raise a force. 
 Their historians will never put the fact on record ; 
 it will, nevertheless, be true. 
 
 From England, after receiving for nearly two years 
 the hospitalities of his friends in that country, for 
 which he has ever expressed his gratitude, Colonel 
 Burr sailed for Stockholm. Here he was received by 
 
LIFE OF COLONEL BURR. 191 
 
 every courtesy, and moved in the first circles of taste 
 and fashion. For six months or more, he enjoyed the 
 society of those friends of liberty and talent, without 
 an unpropitious occurrence. 
 
 From Sweden he departed with friendly and power 
 ful letters to Germany, and through all the principali 
 ties and dukedoms he received the kindest treatment. 
 The Duke of Saxe Weimer had been propitiated in 
 his favour by a lady of distinction at Stockholm. The 
 dutchess, in her saloon, treated the American with 
 marked attention, and this gave him a passport among 
 the fashionables throughout all Germany. He staid 
 long enough in each country to study the character 
 of the people. 
 
 From Germany he passed to Holland, and was re 
 ceived with kindness. He took great pleasure in 
 studying the manners and habits of a people whose 
 history he had read attentively. In this land, where 
 liberty had been cherished for centuries, which was 
 the retreat of those persecuted for politics or religion, 
 in the days of the fagot and the stake, he found the 
 chilling shadow of Napoleon stretched to a gigantic 
 length. Its free institutions were dying under French 
 influence. In the libraries of Amsterdam he spent 
 many pleasant hours. He was quite at his ease here, 
 for the good Dutchmen viewed him without suspicion 
 or jealousy, and they could not conceive that a gentle 
 man of such polished manners could be the great 
 bandit the American public functionaries had repre 
 sented him to be. They did not believe that he would 
 break down their dikes or drink up the waters of their 
 canals. 
 
192 LIFE OF COLONEL BURR. 
 
 Colonel Burr left Holland to visit Paris. In this 
 great city, although viewed by the government with 
 jealousy, lie was treated with every attention by per 
 sons in the literary and scientific world, and in Paris 
 they make up no small share of the fashionable por 
 tion of society. Among those whose courtesies were 
 most acceptable, was the far-famed Denon. This great 
 man was above all prejudice. He was an admirer of 
 all that was remarkable in mind or matter. The inci 
 dents in the life of Burr were familiar to him, and he 
 was happy in an opportunity of being personally ac 
 quainted with one whose fate had been so singu- 
 gular. Denon was, at this time, director of the Na 
 poleon museum, and gave his American friend free ac 
 cess to all the institutions under his control, and also 
 to his own cabinet, rich in extensive collections of 
 rarities of nature and art, particularly in Egyptian cu 
 riosities. In that city Colonel Burr found other friends, 
 with whom he lived on terms of intimacy. His jour 
 nal, kept at this period, the writer of this memoir has 
 seen and examined. It is indeed a curiosity. It is a 
 daily circumstantial account of his trials, vexations, 
 sufferings, and pleasures. His expenses are given to 
 a single franc. It is amusing enough to read these 
 pages of domestic record, which extend to " Tray, 
 Blanch, and Sweetheart, little dogs and all." There 
 are, however, interspersed with these slip-shod me 
 moranda some acute commentaries on passing events, 
 and beautiful flashes of sentiment. While he was 
 amusing himself in this innocent manner, the Bona- 
 partean police were watching him as one whose sole 
 aims and ends were to commence revolutions, and to 
 agitate nations by military wonders. The Duke of 
 
LIFE OF COLONEL BURR, 193 
 
 Bassano was his friend, and, of course, he did not 
 feel in the least apprehensive of any permanent evil. 
 
 He had now been so long absent from his country 
 and his daughter, that he became uneasy, and taking 
 leave of his friends in Paris, he reached England once 
 more ; and thence taking a passport under an assumed 
 name, sailed for the United States. 
 
 In the summer of 1812, Colonel Burr returned to 
 this country. He came to Boston incognito, wishing 
 to have a communication with his friends in New- 
 York before he ventured to appear publicly. While 
 in Boston, he recollected that among his officers at 
 Westchester, there was a young man by the name of 
 Fessenden, who was a man of worth and of confi 
 dence. Colonel Burr inquired for this officer, and 
 found that he was still living, and he at once made a 
 call on him, and inquired of him if he had been in the 
 army, and being answered in the affirmative, Colonel 
 Burr followed up his questions until he ascertained 
 that he still had a strong affection for his commander, 
 and then was apprised of his presence. Mr. Fessen 
 den received him with open arms, and made his friend 
 acquainted with the Rev. John T. Kirkland, the presi 
 dent of Harvard College, who received the Colonel 
 with great courtesy, and made him acquainted with 
 several gentlemen of distinction. After a short stay 
 in Boston, Colonel Burr received satisfactory informa 
 tion that there were no existing difficulties in the way 
 of his return to the city .; and he, after an exile of 
 nearly eight years, found himself in the place of his 
 early exertions in war and in peace. A few of the 
 narrow-minded part of the bar were, at first, rather 
 restive at his returning to his profession, and some- 
 
194 MFE OF COLONEL BURR. 
 
 thing like a combination appeared to be forming 
 against affording him the usual comity in practice ; 
 but the higher members of the bar would not come 
 into any such league, and the others could not carry 
 their proposition into effect. Among those who spurn 
 ed at this conspiracy against an already persecuted 
 man, was the late Cadwallader D. Golden, who filled 
 a large space in the jurisprudence of his country at 
 that time and since. The manners of Colonel Burr 
 had not changed by absence ; they were unobtrusive 
 and courteous. He mingled but little with society in 
 general ; still his house was a hospitable retreat for 
 many of his former friends. His business kept him 
 constantly engaged ; and if he was not as much in 
 courts as formerly, he was constantly consulted in al 
 most every land cause that was on the docket. He 
 was familiar with the records, and was well acquaint 
 ed with the ancestry of the living generation, and, of 
 course, he knew the tenure by which almost the whole 
 of the landed property in city and state was held, and 
 he has often profited by this knowledge. 
 
 In the year 1814 Colonel Burr lost his daughter, 
 Theodosia Alston, wife of Mr. Alston, governor of 
 South Carolina. She was an accomplished woman, 
 possessing fine talents. She was the only child of her 
 parents, and had been educated with every attention 
 by her father, her mother having died when Theodosia 
 was very young. Colonel Burr having but this one 
 child to educate, determined to pursue a course of his 
 own. After the first rudiments in her vernacular, he 
 left, for a while, her English education to what might 
 be denominated chance. He begun with her in Latin, 
 Greek and French, in the Pestalozzi manner, although 
 
LIFE OF COLONEL BURR. 195 
 
 the name of that great philosophical schoolmaster had 
 not then been known in this country. He preferred 
 this course to the one in which he was taught. She 
 had acquired a knowledge of the meaning of nouns, 
 adjectives, and the roots of verbs, before her grammar 
 was resorted to> and when it was opened, it was to 
 help the pupil out of some difficulty, not to create one 
 by an unmeaning sentence, committed to memory at 
 first, when it could only be a mere matter of memory. 
 He had masters for her in every branch, but attended 
 himself to every lesson when he w r as near her. At 
 the age of seventeen she was married to Mr. Alston, 
 of South Carolina. At this time she was considered 
 as one of the most accomplished young ladies of the 
 age. She was not only well acquainted with the 
 classics, but also with the modern languages. This 
 extent of education was uncommon in her time ; fe 
 male education has been on the advance ever since. 
 She was considered as a prodigy among the young 
 ladies of that age. Not only the mental faculties of the 
 daughter were carefully cultivated by the father, but 
 a moral and physical discipline was enforced that 
 nerved her for all the accidents of life. She was 
 taught corporal and moral bravery, in the same les 
 son. Though small and delicate in her person, she 
 had the spirit of a Roman matron. In South Carolina 
 she was at the head of fashion, and sustained herself 
 with great dignity, without hauteur, caprice, or vani 
 ty. She was considered as a model among her country 
 women in that section of the country cm her first arri 
 val, and the matron fulfilled the promise of the young 
 lady- She had a son, who lived until he was fourteen 
 years of age, to whom she was not only most tenderly 
 17 
 
196 LIFE OF COLONEL BtJRK. 
 
 attached, but to whom she devoted a great portion of 
 her time. He was educated at home ; and that home 
 was supplied with the best of teachers ; but she su 
 perintended every branch of learning he was directed 
 to acquire. He was, of course, in advance of his years, 
 the pride of his parents, and the admired of his friends. 
 He was not destined to grow to manhood. To secure his 
 health, his father, in the warm season, was in the habit of 
 sending him and his mother to New- York, to pass the 
 time, until the wholesome breezes of autumn had begun 
 again to blow over the low grounds of his native state, 
 This was continued until his grandfather visited Europe 
 in 1807, when he went to reside, in the hot season, with 
 his mother, on the island generally called so healthy, 
 in the harbour of Charleston. Here he took the fever 
 of that climate, and died. It was a sad blow to his 
 parents, and the grandsire felt it on his naked heart. 
 But his daughter was living : he suppressed a sigh, 
 and all the pulses of his heart were made again to 
 move in obedience to his philosophy. No one ever 
 saw him moved, for he was always a man of iron ; but 
 it were in vain to tell us such men do not feel. They 
 do most intensely feel ; but not like other men. They 
 have no ordinary modes of relief; no tears, no sighs, 
 no bursts of frenzy to exhaust their feelings; but 
 they learn to suppress their agonies, and their calm 
 ness is often taken for apathy. The death of the grand 
 child was not all that Colonel Burr had to suffer. His 
 daughter was in ill health, and he was anxious to have 
 her visit him in England, and go with him to Scot 
 land, to try the change of scene. The letters which 
 the father wrote to the daughter are lost, but some 
 inference may be drawn of the strength of his affec- 
 
LIFE OF COLONEL BURR. 197 
 
 lion, and the depth of his solicitude, by referring to 
 letters which Colonel Burr wrote to Dr. Hosack in. 
 relation to his daughter. 
 
 LONDON, 10th Nov., 1808, 
 
 DEAR SIR My daughter s letters, written since 
 her return from Ballstown, contain the afflicting in 
 telligence that she has found no relief from any one of 
 her complaints. I have consulted Dr, Lettsom, and 
 he unites with me in opinion, that the only chance of 
 saving her is by a speedy and thorough change of cli 
 mate and habits that is, a voyage to England. He 
 also expects much from the sea voyage. His letter is 
 enclosed ; but he has expressed himself much more 
 strongly in our conversation than in his letter, having 
 been restrained, it seems, by professional delicacy to 
 ward you. Of the climate of this country, as com 
 pared with that of ours, he knows nothing, because he 
 knows nothing of the latter. You and I, however, 
 can vouch for its superiority. He offers, and I am 
 sure with sincerity, professional aid and friendly at 
 tentions. 
 
 Feeling a strong conviction that her recovery, and 
 even her life, depend on the prompt adoption of this 
 measure, and being persuaded, from what passed be 
 tween us on the subject in April, that it will meet your 
 approbation, I intreat and conjure you to promote it 
 without loss of time. By this conveyance I write to 
 ym daughter to come immediately to town to confer 
 with you. A winter passage may be rude, but it will 
 be short. She is always better at sea ; and, judging 
 from my own experience, this climate cannot fail to 
 
198 LIFE OF COLONEL BURR. 
 
 be beneficial to her. The benefit of my presence and 
 attentions you can estimate. 
 
 After you shall have conversed with her, and adjust 
 ed the plan of her voyage, I beg you to write to Mr. 
 Alston in such terms as may convince him of the ex 
 pediency and necessity of the measure, and reconcile 
 him to it. Show this letter to Theodosia, and act in 
 concert with her. You are aware that this is the 
 most interesting concern of my life. Do by me as I 
 should do by you. 
 
 Your affectionate friend and servant, 
 
 Dr. HOSACK. A. BURR. 
 
 LONDON, 25th of March, 1809. 
 Theodosia]writes me that she is much better ; but I 
 do not believe her. If, however, it should be true, she 
 is the better able to cross the Atlantic, and go with me 
 to Scotland, where she will escape the heat, and be 
 among the most hospitable people I have ever known. 
 
 Your affectionate friend, 
 Dr. HOSACK. A. BURR. 
 
 On his return to this country, after having been 
 more than five years in Europe, his daughter embark 
 ed from Charleston, to make him a visit in New- York. 
 She sailed in a privateer built vessel, and which was 
 never afterwards heard of. For a long time the most 
 agonizing fears were entertained that the vessel had 
 been taken by pirates. They swarmed at that time 
 upon the southern coast of our country, and all about 
 the West Indies ; but after months of awful suspense, 
 he had, heaven forgive the expression, the happiness 
 to think she had been buried in the " fathomless abvss," 
 
MFE OF COLONEL BURR. 199 
 
 On going to Europe, in 1807, Colonel Burr had left 
 his most valuable papers with his daughter, but these 
 were lost with her. This was truly a loss to the his 
 torian, as he had been careful in filing documents that 
 contained the facts connected with every event of his 
 life. 
 
 The income of Colonel Burr, from his professional 
 labours, was large, and he might have accumulated a 
 fortune in a few years, but his liberality was too great 
 to think of making himself rich. He preferred the 
 pleasure of doing good with his earnings to that of ac 
 cumulation. Many of the necessitous were around 
 him, and received from him as though he had been a 
 guardian of some large patrimony intrusted to his care 
 for their benefit. While indulgent to others, he was 
 hardly just to himself, living most abstemiously, and 
 sleeping on a settee-couch, uncomfortable enough for 
 a friar of La Trappe. His good nature was often 
 abused : domestics are not always honest, and he was 
 not suspicious enough to look after them. He had 
 not only those swarms of consuming locusi^feout him, 
 but frequently some decayed gentlemen, still highly 
 respectable, to whom he was most kind and courteous, 
 always treating them with a delicacy which increased 
 in proportion to their misfortunes. For many years 
 the celebrated Luther Martin was his guest. This 
 gentleman had, for many years, been at the head of 
 the bar of Maryland, and had also filled a great space 
 in the political history of that state, and of the United 
 States, from the first dawn of his manhood. He had 
 been not only a profound and learned lawyer, but had 
 possessed as much moral bravery and independence 
 as knowledge of the laws of his country. When 
 17* 
 
200 LIFE OF COLONEL BUBR. 
 
 Colonel Burr presided in the trial of Judge Chase, 
 Luther Martin was counsel for the of respondent. In 
 this trial he displayed vast resources of mind in every 
 argument, and had in readiness every precedent the 
 books contained. When Colonel Burr s own trial 
 came on at Richmond, he availed himself of the ser 
 vices of Luther Martin, then in the maturity of his 
 judgment and in the strength of his memory. Colonel 
 Burr thought highly of the services Judge Martin 
 rendered him in his critical situation, and felt a sense 
 of gratitude to his counsel for his friendly and strenu 
 ous endeavours to assist him. After many years from 
 this period, Colonel Burr found his friend had suffered 
 by the ills of life ; many of the strong ties of blood and 
 kin had been severed by death, and his fortunes had 
 become dilapidated by a profuse generosity and want 
 of rigid economy. In addition to this, the powers of 
 his mind had become impaired, and old age had crept 
 on him. In the meridian of his days, and onward, he 
 had made free use of stimulants, and now had come to 
 the resolution to observe entire abstinence from all 
 alcohol. Human nature cannot always bear such 
 changes ; body or mind sinks under them, and often 
 both suffer irreparably. Colonel Burr, on being made 
 acquainted with the precise situation of his old friend, 
 offered him his house as an asylum. Here he lived seve 
 ral years, with every attention and with every com 
 fort his infirmities would allow. He had a fine room 
 and a body servant ; ate, read, slept, wrote, or walked 
 when he pleased. One of the greatest pleasures of 
 this veteran of the bar, was to visit, for several hours 
 each day, some one of the courts in the city, to hear 
 from a new generation those forms in debate he once 
 
LIFE OP COLONEL BURR. . 201 
 
 loved so much. This course he continued until he 
 was suddenly called to quit the world, in whose affairs 
 he had taken so large a share. This invitation was 
 an act of liberality that even the enemies of the sub 
 ject of this memoir could not refrain from praising ; 
 and they often spoke of the delicacy of the manner in 
 which all this was done, as surpassing the merits of 
 the deed itself. 
 
 For more than thirty years Colonel Burr has been 
 assailed and abused in public journals, at home and 
 abroad. Some of them have misrepresented him 
 from ignorance of the facts ; others from party purpo 
 ses or malicious feelings. It is sometimes amusing to 
 read some of these misrepresentations. It is not Mr. 
 Wirt alone who has gained fame by indulging the 
 imagination on the wonderful sorceries of Colonel 
 Burr. Others have given him the eye of the basilisk, 
 from whose glance it was impossible to recede, and 
 that when once fixed on an obiect the destruction of it 
 was certain. They have rep esented his voice as 
 sweeter than that of the Sirens, and that he used this 
 charm as successfully as the fabled enchantresses. 
 Even his gait had something of necromancy about it, 
 and reminded these lovers of the wonderful of the 
 stealthy step of Tarquin approaching the couch of the 
 chaste Lucretia. In their legends, he was more suc 
 cessful in his intrigues than Apollo, for no Diana could 
 interfere between him and the object of his pursuit. 
 These exaggerations and fictions often reached his 
 ear, but did not disturb him. He took no pains to 
 make explanations or excuses. When asked in a pro 
 per manner for his opinions, he always gave a direct 
 and prompt answer to the inquirer, but never permit- 
 
202 . LIFE OP COLONEL BURR. 
 
 ted any one to put a supercilious interrogatory to 
 him. 
 
 Colonel Burr must be aware that softer breezes of 
 public opinion are now beginning to be wafted over 
 the fields of his fame. He sees that enmities once in 
 veterate have become placable ; and that if some of 
 the aged will still pertinaciously adhere to former 
 opinions, the rising generations, the hopes of the 
 country, are, with a searching mind, sitting in judg 
 ment, and reversing the erroneous decisions of their 
 fathers. Grave historians have come out and placed 
 on the shoulders of others the sins which he has been 
 made to carry for nearly thirty years. The History 
 of Louisiana, by the venerable Judge Martin, written 
 with candour and talent, has blown to the winds all 
 the farce got up by General Wilkinson, which he be 
 gan with the cry of treason. There is a Being who 
 turns and overturns, until he whose right it is shall 
 reign. The ponderous tomes of Wilkinson, in his 
 attempted proofs of patriotism, have been used by 
 Francis Xavier Martin to show that the general pos 
 sessed no such virtue. 
 
 Colonel Burr is now almost an Octogenarian. The 
 numbness of age has crept over his limbs, but he still 
 Stands erect, ready to meet with firmness whatever 
 aext may come. If he has long since given up the 
 seals of political trust, and if the curls of beauty, like 
 those of Omar, have fallen from his head, still the fire 
 jr of his eye has not gone, nor the powers of his under 
 standing destroyed. He waits, with serenity, his end, 
 with a perfect knowledge of the stern requisitions of 
 Nature, and the necessity of a perfect obedience to 
 her decrees. With the Roman Cato he reasons upon 
 
LIFE OF COLONEL BURR. 203 
 
 the doctrines on the longings after immortality, with 
 out any belief of the rights of self-destruction to reach 
 it, with the certainty of never having interfered with 
 the rights of others. He never laboured to make a 
 disciple, or to reproach the religious faith of another. 
 If this is not enough for those who follow the creed 
 of his fathers, it should certainly free him from the 
 charge of being an enemy to the Christian faith. He 
 has suffered the ostracism for years, and now asks for 
 no place on the callendar of the saints, but only to be 
 put upon the lists of men. 
 
APPENDIX. 
 
 THE identical journal kept by Benedict Arnold has 
 been preserved. It is now in rather a dilapidated 
 state. It was left by Arnold at West Point, when he 
 fled, on hearing of the capture of Andre, and was 
 found among his papers by the late Judge Pierpoint 
 Edwards, of Connecticut, who was appointed to ad 
 minister upon the goods and estate of Arnold, his 
 treason making him dead in law.* There cannot be the 
 slightest doubt of its being an original document, from 
 the history of its preservation, from its antiquated ap 
 pearance, from internal evidence, and a comparison of 
 hand-writing, which we had an opportunity of ma 
 king, from finding several letters from Arnold in the 
 possession of those well acquainted with his chirogra- 
 phy. It is the writing which was common in that 
 day among well educated men, holding, like that of 
 Washington, and also of Hancock, the middle style 
 between copy and running hand. We shall make 
 some extracts from the manuscript, beginning 27th of 
 September, 1775. Some of the leaves of the manu 
 script are wanting. 
 
 Wednesday, 27th Sept., 1775. Major Meigs, with 
 Captains Hanchet s, Ward s, Dearborn s, and Good- 
 rich s companies, marched at noon. Sent down a 
 
206 APPENDIX. 
 
 number of boats to bring up all the flour from below. 
 Wrote to my sister Hannah. Sent to the commissary 
 to forward on all the batteaux, &c. 
 
 Thursday, 28th Sept., 1775, The whole detach 
 ment marched, except Scott s, M Cobb s and Williams 
 companies, who are detained for batteaux to be mend 
 ed, oars, paddles, &c. 
 
 Sent for Colonel Enos and the company to come up 
 from Colburn s, with all the men and boats. Ordered 
 the sick and criminals on board the Broad Bay, Cap 
 tain Clarkson, with stores, &c. 
 
 Friday, 29th Sept., 1775. Captains M Cobb and 
 Scott s company marched about 10, A.M. At noon, 
 left Fort Western in a birch canoe for Fort Halifax. 
 Left Colonel Enos, with Captain Williams company, 
 to bring up the rear, with the provisions behind. Our 
 canoe proves very leaky. Stopped at Vasalburgh, 
 eight miles above Fort Western, and changed her for 
 a periaugua. Lodged about 4 miles short of Fort 
 Halifax. Course of the river, from Fort Western to 
 Halifax, is N. N. E. eighteen miles. 
 
 Saturday, Sept. 30th, 1775. At 6, A. M., crossed 
 the Three Mile Falls, and at 10 arrived at Fort Hali 
 fax, where I found Captains Dearborn s and Goodrich s 
 companies just over the falls, which are about sixty 
 rods over. Good carrying place. At 11, A. M., dined 
 at Crosier s, and hired him, with his team, to carry 
 our baggage over the land, about five miles, to avoid 
 the ripples, or quick water, above the falls, which are 
 very dangerous and troublesome to pass. At 5, P. M., 
 left the land, and proceeded up the river one mile and 
 a half, where we lodged in the woods, with Major 
 Meigs and his division. 
 
APPENDIX. 207 
 
 S unday, Oct. 1, 1775. Mounted the river at about 
 twelve miles, over several rips and swift waters. 
 Dined at one Westin s, three miles before Sureheagen 
 Falls. At 4 P. M., reached Sureheagen Falls, which 
 we passed, and went up the river five miles, where 
 We lodged at one Widow Warren s. Great part 
 of the way, small falls and quick water. 
 
 Monday, Oct. 2, 1775. At 10, A. M., arrived at 
 Noridgewalk Falls, six and a half miles from where 
 we lodged. Great part of the way swift water and 
 rapids. The land, from Fort Western to this place, 
 appear?, in general, very good and fertile, and is thinly 
 inhabited. Here we leave the English settlements, no 
 inhabitants living above the falls, w r hich, by the best 
 estimation, are fifty miles from Fort Western. Here 
 I overtook Captain Morgan, with his division, who 
 had just got his baggage over the carrying places, 
 which is about fifteen hundred yards over a high hill. 
 
 N. B. Course from Fort Halifax, over the Ripple, 
 N. distant five miles. From Ripple to Sureheagen 
 Falls very crooked, N. distant sixteen miles. From 
 Sureheagen Falls to Noridgewalk, S. W. five miles, 
 and N. W. 7. 
 
 Tuesday, Oct. 3, 1775. The Rifflars proceed for 
 the great carrying place, whom Thayer s and Hub- 
 bard s companies employed in getting over their bag 
 gage. Examining bread, great part of which is dama 
 ged by the boats leaking, and the difficulty of passing 
 the rapids, where it is impossible for people unac 
 quainted to get up the boats without shipping water. 
 Here is some small vestiges left of an Indian town, 
 destroyed by the English about 50 years since, viz. 
 the foundation of an old church and altar, the monu- 
 18 
 
20$ APPENDIX. 
 
 ment over St. Francis, the founder of the church 
 and the whole tribe, we are told, are extinct, except 
 two or three. 
 
 Wednesday, Oct. 4, 1765, Carpenters employed 
 in repairing batteaux, and the several companies in 
 carrying over their provisions, some of which prove 
 unfit for use. Colonel Grant s division proceeded for 
 ward. Major Meigs s division arrived with Col- 
 burn s. 
 
 Thursday, Oct. 5, 1775. Companies employed as 
 the preceding day. 
 
 Friday, Oct. 6, 1775. Major Meigs, with his di 
 vision, went forward. Colonel Enos, with the last di 
 vision, arrived. 
 
 Saturday, Oct. 7, 1775. The last division employ 
 ed in examining their bread, part of which is wet and 
 unfit for use, and carrying the baggage and provisions 
 over the Portage. 
 
 Sunday, OcL 8, 1775. We have not been able to 
 get all our baggage over the portage until this morn 
 ing, though we have constantly had two sleds going 
 with oxen, owing to the height of the hill and the bad 
 road. A storm of rain prevents our proceeding this 
 day. 
 
 Monday, Oct. 9, 1775. Struck our tents, carried 
 our baggage across the portage, embarked, and pro 
 ceeded up the river about three miles, N. N. E. 
 Here the river takes a remarkable turn to the E. N. 
 E. about three quarters of a mile, and then turns W. 
 by N. about three quarters of a rnile more. We 
 crossed the elbow over land, being about thirty rods, 
 which saves more than a mile of rapid water. Here 
 the river takes its proper course, about N. At 12 
 o clock, passed the seven-mile stream. At 3, dined 
 
APPENDIX. 209 
 
 at one of the islands, and at 5 encamped, with Captain 
 M Cobb, on another island, within two miles of Carra- 
 tunk Falls. The whole distance this day 16 miles. 
 Course N. N, E. easterly. The water very rapid. 
 The land, from the mouth of the river to Carratunk 
 Falls, appears level, and in general fertile, and tolera 
 bly well wooded, with some oak, elm, ash, beech, 
 maple, pine, hemlock, &c. 
 
 Tuesday, Oct. 10, 1775. At 9, A. M., arrived at 
 Carratunk Falls, the fall of which is about fifteen feet. 
 The portage near fifty rods over. W6 proceeded up 
 the river about five miles against a very rapid stream. 
 Course about N. Here the mountains begin to appear 
 on each side the river, high and level on the tops, and 
 appear well wooded. The river, from Noridgewalk to 
 the Great Carrying Place, is very narrow in width, 
 but in general about four hundred yards, and full of 
 a great number of small islands, which appear very 
 fertile land. We ascended the river this day about 
 twelve miles ; in general very rapid and shallow water. 
 We encamped late at night, much fatigued. 
 
 Wednesday, Oct. 11, 1775. We embarked early 
 this morning, and proceeded up the river, the stream 
 very rapid indeed. At 10 arrived at the Great Carry 
 ing Place, which is very remarkable. A large brook, 
 which comes out of the first lake, emptying itself into 
 the river just above. When abreast of the carrying 
 place in the river, you will observe at about four hun 
 dred yards above you a large mountain, in shape of a 
 sugar loaf, at the foot of which the river turns off to 
 the eastward. This mountain, when you are at the 
 carrying place, seems to rise out of the midst of the 
 river. Here I overtook Captain Morgan and his di- 
 
APPENDIX. 
 
 vision, Colonel Greene and division ; part of each had 
 proceeded as far as the second lake. Major Meigs 
 arrived just before me. Met Lieutenant Church, who 
 had been at the Dead River, on a survey, and reports 
 as follows : From Kenebeck, over the portage to the 
 first pond or lake. Course W. 27 N., distance three 
 and a quarter miles. Rising ground, bad road, 
 but capable of being made good. Over the first 
 pond half a mile, which pond is one and a quarter 
 miles long. Here our people caught a prodigious 
 number of very fine salmon trout, nothing being more 
 common than a man s taking eight or ten dozen in one 
 hour s time, which generally weigh half a pound a 
 piece. The second portage is W. 6 N. half a mile 
 and twenty rods. Very level but rough roads. The 
 second pond is in length, from N. to S., two and a half 
 miles long, and half a mile wide. The third carrying 
 place is one and a quarter miles and forty rods. The 
 road very bad. Course west 10 N. The third pond 
 is in length, from N. to S. three miles. Width, two miles. 
 Course over W. by N. The fourth and last portagejs 
 west twenty degrees north ; distance two and three 
 quarter miles and sixty rods. The first part of the 
 road tolerably good ; the last mile a savanna, wet 
 and miry, about six or eight inches deep. 
 
 Thursday, October 12th, Lieutenant Steel return 
 ed from Chaudire Pond, and says he discovered no 
 Indians ; that the Dead River, from the last carrying 
 place, he judges to be eighty miles, most part of the 
 way a fine deep river, the current hardly perceptible ; 
 some few falls, and short carrying places, and rapid 
 water ; the carrying place from the Dead River to 
 
APPENDIX. 211 
 
 Shadine Pond, about four miles. Very good and even 
 ground most part of the way, and plenty of moose 
 and other game on the river. 
 
 This day employed Captain Goodrich s company in 
 building a log house on the second carrying place, to ac 
 commodate our sick, eight or ten in number, whom we 
 are obliged to leave behind. Also a party at the east 
 side of the first portage to build a small log house for 
 men and provisions. 
 
 Ordered Lieutenants Steel and Church, with twen 
 ty axemen and a surveyor, to Chaudire Pond, to 
 clear the portages, and take a survey of the country ; 
 Lieutenant Steel to go down the Chaudire, near the 
 inhabitants, and examine the falls, portages, &c., and 
 return to the pond as soon as possible. Our men are 
 much fatigued in carrying over their batteaux, provi 
 sions, &c., the roads being extremely bad ; however, 
 their spirit and industry seem to overcome every ob 
 stacle, and they appear very cheerful. We have had 
 remarkably fine weather since we left Cambridge, and 
 only one death has happened, and very few accidents 
 by water; which is the more remarkable as there 
 seldom passes a season without some people being 
 drowned in the Kennebeck, which is very difficult and 
 dangerous to ascend. 
 
 Oct 13. This morning despatched our Eneas and a 
 trotter Indian with letters to some gentlemen at Que 
 bec and to General Schuyler. Sent a white man with 
 them, who is to proceed as far as Sartigan ; and after 
 discovering the sentiments of the inhabitants, and pro 
 curing all the intelligence he can, is to return to us at 
 Chaudire Pond, where we expect to meet him in about 
 
 18* 
 
APPENDIX. 
 
 seven or eight days. Two divisions have this day 
 reached the Dead River. 
 
 N. B. The foregoing transmitted to General Wash 
 ington. 
 
 Saturday, October 14th, 1775. Left our encamp 
 ment at 4 P. M., carried over the portage, which, ac- 
 ordcing to Lieutenant Charles Saroy, is W. 1 N. 
 half a mile and 20 rods ; ground low. We soon ar 
 rived at the second pond, which makes as desolate an 
 appearance as the first does beautiful, the lake being 
 very irregular, long and narrow, the trees all dead 
 and full of moss, the water very thick and muddy. 
 Our course over it, for about half a mile, was west, 
 then stood N. by W. about three quarters of a mile, up 
 a narrow 1 " creek, or arm of the lake. Our course over 
 the third portage was W. 10 N. one and three-eighths 
 of a mile. Road extremely bad, being choked up 
 with roots which we could not clear away, it being a 
 work of time. Reached the third pond, or lake, where 
 the prospect is very beautiful and noble, a high chain 
 of mountains encircling the pond, which is deep, clear, 
 and fine water, over which a forked mountain, which 
 exceeds- the rest in height, bearing N. W., and covered 
 with snow, in contrast with the others, adds greatly 
 to the beauty of the scene ; it being late, we made no 
 attempt to cross but encamped for the night. 
 
 Sunday, Oct. 15th, 1775. At 10 A. M. we em 
 barked and proceeded over the lake ; our course was 
 N. W. This lake appears to be three and a half 
 miles long, and two and a half broad, very uniform, 
 a small elbow running into it from the S. E., on the 
 west side of which it empties itself. 
 
 We entered on the portage at one o clock, P. M . 
 
APPENDIX. 213 
 
 We ascended the hill about one mile, the portage con* 
 ducting us through the gap, or breach in the moun 
 tain. After descending the winding of the hill a mile, 
 we came to a low savanna, where we encamped for 
 the night. 
 
 Monday, Oct. 16th. Early in the morning we con 
 tinued our route, over the savanna, which is divided 
 by a small wood, not exceeding a hundred rods, the 
 road excessively wet and miry, being often nearly 
 up to our knees ; but, thanks to our boots, we got over 
 without being much wet. Our course was nearly 
 W. 20 N. two and three quarter miles and sixty 
 rods. Here the men had a most fatiguing time to get 
 over their batteaux, baggage, &c. At half after one 
 P. M. we arrived at a small creek, where we landed 
 one batteau, and after rowing about one mile arrived 
 at the Dead River, which is about sixty yards wide, 
 uniformly deep, and gentle in its current. Prior to which 
 ordered ten men of each company of Major Meigs divi 
 sion to work on the roads, that the rear might pass 
 with less difficulty. Continued our voyage up the 
 river. We were now near the large mountain mention 
 ed the preceding day. Here the river, by its extraor 
 dinary windings, seemed unwilling to leave it ; two 
 hours had passed away, and we had gained nothing 
 in our course ; but at last, by slow degrees, it became 
 more regular, and turned to its proper course. When 
 we had got three leagues we found a small fall : the 
 portage was forty yards. The course of this three 
 .leagues was nearly S. W. Here we passed Captain 
 Morgan s company, and continued our course two 
 leagues, where we found an Indian house. One league 
 further up we overtook Colonel Green and division, 
 
114 APPENDIX. 
 
 with whom we encamped, at 8 P. M., much fatigued. 
 Our course was about W. N. W. 
 
 Tuesday, Oct. 17th. Finding Colonel Green s di 
 vision short of flour, (great part of their bread being 
 damaged,) ordered a lieutenant, two sergeants, and 
 twenty-nine privates out of each company under the 
 command of Major Bigelow, to return and assist the 
 rear in bringing up their provision, the remainder of 
 the companies to be employed in making up their car 
 tridges. Caught a number of fine trout in the river. At 
 12 o clock Captain Morgan s division passed us, and 
 went on for Chaudire Pond. 
 
 Wednesday, October 18th, 1775. At 10 A. M. 
 Captains Goodrich s and Dearborn s companies arri 
 ved: gave orders for their making cartridges, as 
 well as those who were up. At 5 P. M. Major Meigs 
 arrived with the last of his division. 
 
 Thursday, October 19th. Small rains the whole of 
 this day. At 3 P. M. the storm abating, Major Meigs 
 went forward with his division. We soon after fol 
 lowed, and proceeded on our way about two and a 
 half leagues to the second carrying place. Our course 
 was various ; part of the way was S. W., and gradu 
 ally shifted to S. E., with many turnings and windings ; 
 we passed 6 small rips, very swift water, and shallow, 
 which brought us as near the mountain as we had been 
 at any time before. The course over this carrying place 
 is S. 35 E., distance 15 perches. Night coming on, 
 and the rain increasing, we encamped on the portage, 
 and caught a plenty of trout near the falls. 
 
 N. B. -Rained very hard all night. The whole 
 country, since we came into the Dead River, appears 
 a flat for a great distance to the northward and east- 
 
APPENDIX. 215 
 
 ward, tolerable land, and some part well wooded, but 
 in general covered with spruce, cedar, fir, birch, &c. ; 
 the soil cold, and, in general, barren. 
 
 Friday, Oct. 20. Rainy morning. At noon Ma 
 jor Meigs division came up, and being very wet, arid 
 the storm continuing, they proceeded on, intending to 
 encamp early. Continues raining the whole of this 
 day : wind to the southward. 
 
 Saturday, Oct. 21. Storm continues, though some 
 thing abated. A prodigious fall of rain for two days 
 past has raised the river upwards of three feet, which, 
 except the loss of time, we esteem in our favour, as 
 the river was low before. At 7 A. M. embarked, and 
 proceeded up the river three leagues, where we came 
 to a small fall of water, the portage over W. N. W. 
 about ten rods. About half a mile higher up came to 
 another fall more considerable ; portage over about 
 twenty-six rods, course W. N. W. Continued our route 
 up the river, for about half a mile to another fall, the 
 portage 75 rods, course over W. N. W. About nine 
 ty rods higher up met with a fourth fall, very consi 
 derable, and long ; portage over W. N. W., distance 
 seventy-three rods. Here we overtook Captain Mor 
 gan and his division ; but, as his encampment was bad, 
 proceeded about one mile higher up, very wet and much 
 fatigued, having paddled up near four leagues through 
 the rain, which continued incessantly. It was now 
 quite dark, so that we had little time to encamp, and 
 itwas near 1 1 o clock before we could dry our clothes 
 and take a little refreshment, when we wrapped our 
 selves in our blankets, and slept very comfortably till 
 four in the morning, when we were awakened by the 
 freshet, which came rushing on us like a torrent, hav- 
 
216 APPENDIX. 
 
 ing rose eight feet perpendicular in nine hours ; and 
 before we could remove wet all our baggage, and 
 forced us from our comfortable habitation. Very 
 lucky for us we had a small hill to retreat to, where 
 we carried our baggage, and passed the remainder of 
 the night in no very agreeable situation. 
 
 Sunday, Oct. 22. This morning presented us a 
 very disagreeable prospect. The country round en 
 tirely overflowed, so that the course of the river, being 
 crooked, could not be discovered, which, with the ra 
 pidity of the current, renders it almost impossible for 
 the batteaux to ascend the river, or the men to find 
 their way by land, or pass the small brooks, arms of 
 the river, &c. Add to this, our provisions almost ex 
 hausted, and the incessant rains for three days have 
 prevented our gaining any thing considerable, so that 
 we have but a melancholy prospect before us ; but in 
 general in high spirits. At 9 A. M., Captain Morgan, 
 with his company, passed us up the river, and at 5 P. 
 M.,Major Meigs, with part of his division, came up with 
 us. Were employed the whole of this day in drying 
 our baggage, &c. ; the whole of which was some time 
 under water last night, and very wet. 
 
 Monday, Oct. 23d, 1775. At 7 A. M., Captains 
 Smith and Hendrickson, and Major Meigs, with his di 
 vision, came up, and passed on. At 10 A. M., em 
 barked, and proceeded up the river. The stream, by 
 reason of the freshet, very quick. In about three 
 miles we came at the crotch of the river. Our 
 course was about W. Here we found that the land- 
 markers had, by mistake, taken the S, W. or wrong 
 branch, which we rowed up two miles, and sent men 
 ahead to inform them of their mistake, and direct their 
 
APPENDIX. 217 
 
 march. This mistake occasioned a detention of the 
 batteaux and whole division near two hours. When 
 the whole were formed, we proceeded up the river 
 against a very rapid stream about three miles, to the 
 seventh carrying place. Course over N. 35 E., 
 distance seven perches. Here we had the mis 
 fortune of oversetting seven batteaux, and losing all 
 their provisions. Here the whole division encamped. 
 The river continues high and rapid ; and as our pro 
 visions are but short, and no intelligence from Canada, 
 I ordered a council of war, summoned of such officers 
 as were present. 
 
 Tuesday, Oct. 24. Sent back the sick, twenty- 
 six in number, and ordered Colonel Green and Colonel 
 Enos to send back as many of the poorest men of their 
 detachment as would leave fifteen days provisions for 
 the remainder, who are to follow on as fast as pos 
 sible. Captain Hanchet, with fifty men, set out early 
 for Chaudire Pond, in order to forward on provisions 
 from the French inhabitants of Sartigan, for the use of 
 the army. Despatched the division forward, and at 
 noon set forward. Went about seven miles very 
 rapid water when we came to two falls. The 
 portage over the first was N. 20 W. 12 perches. 
 The second, which was about one hundred yards 
 above the first, was N. 12, E. 6 perches. 
 
 N. B. This is the tenth carrying place since we 
 entered the Dead River. We are now about twenty 
 miles from Chaudire Pond. We proceeded about one 
 mile higher up, when night coming on, and the rain 
 
APPENDIX, 
 
 increasing, which had begun about an ho.ur before, Wd 
 encamped. It continued raining and snowing all 
 night. At 4 in the morning the wind changed to N., 
 and it cleared up. About two inches snow on the 
 ground. 
 
 Wednesday, 25th Oct. We embarked early this 
 morning, and proceeded up against a rapid stream. 
 About one and a half miles came to a portage of about 
 thirty rods. Course about N. W. The fall very incon 
 siderable. About one mile higher up found another 
 fall ; the portage over one hundred rods N. W. Water 
 continues rapid half a mile, when we entered the first 
 lake, which is about half a mile wide, but contracts 
 itself in several places. We rowed about two miles, 
 where the lake is not more than eight rods wide, when 
 it again opens to its former length. One mile and a 
 half brought us to a marshy ground. Passed on in a 
 small rivulet for half a mile, which brought us. to a 
 lake about five miles long and three quarters wide. 
 Several points make out into it. All these lakes are 
 surrounded with a chain of prodigious high mountains. 
 At the cut of this lake, which lies N. and S., we found 
 it contracted to about three rods wide, for a short dis 
 tance, which brought us into a small round pond, or 
 rather the west end of the lake. Here we were a 
 long time at a loss for the portage. At length we 
 found a small brook, which we entered, and towed up 
 about one and a half miles, with much difficulty, being 
 obliged to clear away the drift logs in many places; 
 Snowed and blowed very hard, the wind at N. all 
 this day. In the last lake the sea ran so high we were 
 obliged to go on shore several times, to bail our bat- 
 teaux, which was with much difficulty kept above the 
 
APPENDIX. 219 
 
 water. Night coming on, and we being much fatigued 
 and chilled with the cold, we were obliged to en 
 camp without being satisfied whether we were right 
 or not, as our guides gone forward had made no 
 marks, or we had missed them. We made it 11 
 o clock before we could get comfortable to lie down. 
 The whole distance, this day, appeared to us near 
 fourteen miles ; but as we rowed against sea and 
 wind, we might probably be deceived three or four 
 miles in the distance. 
 
 Thursday, 26th Oct. Early in the morning des 
 patched one of my men up a small stream, to see if he 
 could discover any signs of a portage, while we got 
 breakfast and packed up our baggage. He returned 
 without making any discovery. We continued our 
 route up a narrow and very crooked and rapid brook 
 about three and a half miles, which brought us to a 
 portage of twelve perches. Course, W. 10 S., to a 
 small lake about eighty rods long and thirty broad. 
 In a few minutes we arrived at another portage. 
 Course, W. 35 N., distance, three quarters of a 
 mile and fifty-three rods. Carried over, and entered 
 another lake half a mile in length. Another carrying 
 place of seventy-four rods, course, W. 5 N., 
 brought us to another lake of about half a mile long. 
 Another portage of forty-four rods, course, W., 
 brought us to the last lake, which is one ami a half 
 miles in length, and half a mile broad. At 4 P. M ., 
 entered on the great carrying place, into Chaudire 
 Pond. The length of the portage four miles and sixty 
 rods. The first two miles about N., one and a half 
 miles W. 10 S., then.N. L to the brook. About two 
 miles of the first part of the portage you ascend, 
 19 
 
220 APPENDIX, 
 
 which brought us to the height of land, at an? elevation 
 of about 35 ; from thence we then descended the hill to 
 the brook. We advanced on the portage about three 
 miles this evening. At dark much fatigued. The 
 whole of our baggage did not arrive until very late, 
 and we made it near midnight before we could pitch 
 our tents. The whole distance this day about ten 
 miles. All these small lakes have a communication 
 with each other by a small brook or river, and be 
 tween most of them are considerable falls, which oc 
 casion so many portages. 
 
 N. B. Sent back Nehemiah Gitehell to pilot up the 
 rear. Here we met twenty men of Lieutenants Steel 
 and Church s party. 
 
 Friday, Oct. 27. Early we continued our march 
 over the portage. One mile brought us to a beautiful 
 meadow, quarter of a mile more to the stream, which 
 we entered at 11 o clock, bidding -adieu to the southern 
 waters. We followed this river, which is about two 
 rods wide, about ten miles, which is very crooked, 
 and turns all points of the compass. We met many 
 obstructions of logs, &c., which we were obliged to 
 cut away. On this stream we met Lieutenants Steel 
 and Church, with one Jakins, whom I had some time 
 since sent down to the French inhabitants. He left 
 Sartigan the 22d inst., and says the French inhabitants 
 appear very friendly, and were rejoiced to hear of our 
 approach ; that there are very few troops at Quebec. 
 Governor Carleton, at Montreal, and one small frigate 
 at Quebec. At 4 P. M., we entered the Chaudire 
 Pond, or rather Lake Majantuk, which is in length, 
 from N. to S., about thirteen miles, and three or four 
 wide. We rowed on about three miles, to the east 
 
APPENDIX. 221 
 
 side, and encamped. Here we found a very consi 
 derable wigwam. We waited here for the arrival of 
 Captain Hanchet and sixty men, who left the carrying 
 place with us to come on by land. At about sunset 
 we discovered them on a point of low land, on the E. 
 side, about two miles from us. I immediately sent all 
 the batteaux for them, who discovered them on a low, 
 marshy ground, to gain which they had waded two 
 miles, through water to their waists. This error 
 was occasioned by their endeavouring to keep the 
 stream, whereas, they should from the carrying place 
 have kept on the high land, and steered on about N. by 
 E., or N. N. E., which would have brought them to 
 the lake, clear of the sunken grounds. It was near 
 midnight before all the men were towed over, as the 
 batteaux were obliged to go three or four times each. 
 Saturday, 28th Oct. Despatched one Hull to Colo 
 nel Enos, and the rear division, to pilot them up. Wrote 
 his Excellency General Washington, and enclosed 
 the letter to Colonel Enos, with orders to forward per 
 express. Captain Hanchet, with fifty-five men, march 
 ed on at 6 o clock ; at 7 embarked with Captain Os 
 wald, Lieutenants Steel and Church, and thirteen men, 
 in four batteaux and a birch canoe, being resolved to 
 proceed on to the French inhabitants, and, at all 
 events, to send back provisions to meet the rear, who 
 are at a very short allowance of provisions, and the 
 men much fatigued, and some sick. We paddled on 
 briskly, and at 10 A. M. reached the north end of the 
 lake, where the Chaudire takes its rise, course N. by 
 E. 13 miles. Went on shore, made a fire, and waited 
 for the rear batteaux, who were nearly 4 miles astern 
 of us. At 11 entered the Chaudire, which is very ra- 
 
222 APPENDIX. 
 
 pid, full of rocks, and dangerous, and the more so as 
 we had no guides. We lashed our baggage to the 
 boats, and the current carried us down the stream at 
 the rate of eight or ten miles an hour. After having 
 gone about fifteen miles we came to a very long rapid, 
 in which we had the misfortune to overset and stave 
 three boats ; lost all the baggage, arms and provisions 
 of four men, and stove two of the batteaux to pieces 
 against the rocks. But happily no lives were lost, al 
 though six men were a long time swimming in the 
 water, and were with difficulty saved. This misfor 
 tune, though unfortunate at first view, we must think 
 a very happy circumstance, on the whole, and a kind 
 interposition of Providence ; for no sooner were the 
 men dry, and we embarked to proceed, but one 
 of the men who was forward cried out a fall ahead, 
 which we had never been apprized of, and had w r e 
 been carried over, must inevitably have been dashed 
 to pieces, and all lost. We soon found, the portage, 
 which is one hundred and forty-six rods, course E. 30 
 N. ; and after carrying our baggage over it, entered 
 again on the river, but with more precaution than be 
 fore ; and after going about half a mile discovered more 
 dangerous rapids. Went on shore and examined them, 
 and finding they were near, and night coming on, 
 made no attempt to pass them, but encamped, and 
 divided our provisons, which amounted to half a pound 
 of pork and two pounds of flour to each man for five 
 days. 
 
 Sunday, 29th Oct. At 7 A. M. embarked in two 
 batteaux and a bark canoe, and eight men. We had 
 not proceeded far when the canoe, by running against 
 the rocks, sprung a leak, and could not proceed ; the 
 
APPENDIX. 223 
 
 men took their land tacks on board. We proceeded 
 this day about forty miles ; found it less dangerous 
 than before, as the river had widened near * * * 
 * * twenty rods over in general, but still very diffi 
 cult to pass. The wind at E., and some snow, ren 
 ders it very cold. 
 
 Monday, 30th Oct. Early this morning embarked, 
 and proceeded down the river about ten miles, when 
 we came to rapid waters, filled one of our batteaux, 
 but luckily lost nothing. Here we were obliged to 
 lower down the stream by our painters. About two 
 miles lower we came to falls and a portage half a mile 
 over, course N. Here we met with two Penobscot 
 Indians, who appeared friendly, and assisted us over 
 the portage. Two miles lower down brought us to 
 another portage of about fifteen rods. Three miles 
 further brought us to the crotch of the river, where the 
 De Loups enters, which is about seven rods over. 
 Four miles further brought us to the first house on 
 
 19* 
 
224 APPENDIX. 
 
 THE following are the documents which distinctly 
 support the statement made on page 85 of the fore 
 going memoir. 
 
 To the Editor of the National Gazette. 
 
 WILMINGTON, Dec. 6, 1830. 
 
 SIR Our attention was first drawn to the writings 
 of the late Thomas Jefferson, by the proceedings in 
 the senate of the United States, on the 28th of Janu 
 ary last, in which a charge, affecting the character of 
 our father, the late James A. Bayard, was met and 
 refuted. 
 
 In a subsequent part of the work, at page 521 of 
 the same volume, there is another statement, more 
 offensive and equally groundless, which the duty we 
 owe to the memory of a parent would not suffer us to 
 pass over in silence. We have therefore to request 
 of your kindness the publication of the remarks in the 
 senate, together with the enclosed documents, which 
 would have been sooner given to the public but from 
 the delay necessarily incident to procuring some of 
 them. They relate to a transaction which forms part 
 of the history of the country, and we feel confident 
 that their publication is all that is requisite to protect 
 
APPENDIX. 225 
 
 the reputation of our father against such calumnies, 
 let the source be what it may from which they 
 emanate. 
 
 Respectfully, your obedient servants, 
 
 RICHARD H. BAYARD, 
 JAMES A. BAYARD. 
 
 MR. FOOT S RESOLUTION. 
 
 The senate resumed the consideration of the reso 
 lution moved by Mr. Foot, respecting surveys of the 
 public lands. 
 
 Mr. Benton being entitled to the floor 
 Mr. Clayton said, that he desired the permission of 
 the gentleman from Missouri, (Mr. Benton,) who was 
 entitled to the floor, to call the attention of two of the 
 honourable members of this body, Mr. Smith, of 
 Maryland, and Mr. Livingston, of Louisiana, to a pas 
 sage in a book which had been cited in this debate by 
 the senator from South Carolina, (Mr. Hayne,) as 
 authority on another subject. He did not rise for the 
 purpose of discussing the resolution itself. In the 
 wide range of the debate here, the north-eastern and 
 southern sections of the country had been arrayed 
 against each other. He listened to the discussion 
 without any intention of participating in it, while the 
 state which he had the honour in part to represent 
 had escaped unscathed by the controversy. Though 
 favourable to the resolution, as a mere proposition to 
 inquire, he felt but little interest in such contentions 
 between the north and south ; and his only desire in 
 relation to that subject, was, that the warmth of the 
 
226 APPENDIX. 
 
 discussion might have no tendency to alienate one por 
 tion of the country from the other. But his attention 
 had been called by a number of members of this house, 
 to a passage in the same book, another part of which 
 had been referred to by the senator from South Caro 
 lina. That passage charged an illustrious statesman, 
 who formerly occupied the seat of a senator here, and 
 whose memory and fame were dear to himself and to 
 the people he represented, with atrocious corruption, 
 of which he was convinced that great and good man 
 could never have been guilty ; and as the witnesses 
 referred to in the book itself were present, and ready 
 to give testimony to set the charge at rest, he hoped 
 he should be pardoned for referring to the objectional 
 passage in their presence. 
 
 He then read, from the fourth volume of Jefferson s 
 Memoirs, page 515, (the same volume which had been 
 brought into the seriate by General Hayne,) the follow 
 ing passage : 
 
 " FEBRUARY 12th, 1801. 
 
 " Edward Livingston tells me that Bayard applied 
 to-day, or last night, to General Samuel Smith 5 and 
 represented to him the expediency of coming over to 
 the states who vote for Burr ; that there was nothing 
 in the way of appointment which he might not com 
 mand, and particularly mentioned the secretaryship 
 of the navy. Smith asked him if he was authorized to 
 make the offer. He said he w r as authorized. Smith 
 told this to Livingston, and to W. C. Nicholas, who 
 confirms it to me," &c. 
 
 He then called upon the senators from Maryland 
 
APPENDIX. 227 
 
 and Louisiana, referred to in this passage, to disprove 
 the statement here made. 
 
 Mr. Smith, of Maryland, rose and said, that he had 
 read the paragraph before he came here to-day, and 
 was, therefore, aware of its import. He had not the 
 most distant recollection that Mr. Bayard had ever 
 made such a proposition to him. Mi*. Bayard, said 
 he, and myself, though politically opposed, were inti 
 mate personal friends, and he was an honourable man. 
 Of all men, Mr. Bayard would have been the last to 
 make such a proposition to any man ; and I am confi 
 dent that he had too much respect for me to have made 
 it, under any circumstances. I never received from 
 any man any such proposition. 
 
 Mr. Livingston, of Louisiana, said, that, as to the 
 precise question which had been put to him by the 
 Senator from Delaware, he must say, that having taxed 
 his recollection, as far as it could go, on so remote a 
 transaction, he had no remembrance of it. 
 
 WASHINGTON, 6th Feb., 1830. 
 DEAR SIR In reply to your letter of yesterday, 
 just received, I have to inform you that the report of 
 my answer in the National Intelligencer, as made in 
 the senate, to the question put to me by Mr. Clayton, 
 is, in substance, correct, and am 
 
 Your obedient servant, 
 
 S. SMITH, 
 R. H, BAYARD, Esq. 
 
228 APPENDIX. 
 
 INTERROGATORIES to be administered to James A. 
 Bayard, Esq., of the state of Delaware, late a mem 
 ber of Congress for the United States from the said 
 state of Delaware, a witness to be produced, sworn, 
 and examined in a cause now depending in the su 
 preme court of judicature of the state of New 7 - York, 
 between Aaron Burr, plaintiff, and James Cheet- 
 ham, defendant, on the part of the defendant. 
 
 1st. Do you know the parties, plaintiff and defend 
 ant, or either and which of them, and how long have 
 you known them respectively ? 
 
 2d. Were you a member of the house of representa 
 tives, in congress of the United States, from the state 
 of Delaware, in the sessions holden in the months of 
 January and February, in the year 1801 ? 
 
 3d. Was there not an equal number of votes for 
 Thomas Jefferson and Aaron Burr, as president and 
 vice president of the said United States, at the election 
 for those officers in the December preceding, and did 
 not the choice of a president consequently devolve on 
 the said house of representatives ? 
 
 4th. Did not the said house ballot for the president 
 several times before a choice was made : if so, how 
 many times ? Was not the frequency of balloting oc 
 casioned by an attempt on the part of several mem 
 bers of Congress to elect the said plaintiff, Aaron Burr, 
 as president ? Do you know who such members 
 were ? if so, what were their names ? 
 
 5th. Do you know that any measures were suggest 
 ed or pursued by any person or persons to secure the 
 election of Aaron Burr to the presidency ? if so, who 
 
APPENDIX. 229 
 
 Were such persons or person ? Did he, the said Aaron 
 Burr, know thereof? Were there any letter or letters 
 written communicating such an intention ? if so, were 
 such letter or letters forwarded to him through the 
 post-office by any person, and who ? Has he not in 
 formed you, or have you not understood (and if so, 
 how) that he was apprized that an attempt would be 
 made to secure his election ? 
 
 6th. Did he or any other person (and if so, who) 
 ever communicate to you, by writing or otherwise, or 
 to any other person or persons to your knowledge, 
 that any measure had been suggested, or would be 
 pursued, to secure his election ? When were these 
 communications made ? 
 
 7th. Had not some of the federal members of con 
 gress a meeting at Washington, in the month of De 
 cember, 1800, or of January or of February, 1801, at 
 which it was determined to support Aaron Burr for 
 the presidency ? Or if there were any meeting or 
 meetings to your knowledge, in respect to the ensuing 
 election for a president of the United States in the 
 said house of representatives, what was advised or 
 concluded upon to the best of your remembrance or 
 belief? Was not David A. Ogden, of the city of New- 
 York, attorney at law, authorized or requested by you 
 or some other member or members of congress, or 
 some other person, and who in particular, to call upon 
 the plaintiff and inquire of him 
 
 1st. What conduct he would pursue in respect to 
 certain cardinal points of federal policy ? 
 
 2d. What co-operation or aid the plaintiff could or 
 would afford towards securing his own election to the 
 presidency ? or if you or some other person did not 
 
230 APPENDIX, 
 
 authorize or request the said David A. Ogden to make 
 such communication to the plaintiff in exact terms, 
 what in substance was such authority or request ? Do 
 you know, or were you informed by the said David 
 A. Ogden, or otherwise, that he or any other person 
 had made the said communication to the plaintiff, or 
 the same in substance ? Do you know, or have you 
 been informed, (and if,so, how,) that the plaintiff de 
 clared, as to the first question, it would not be expe 
 dient to enter into explanations, or words to that effect? 
 That as to the second question, New- York and Ten 
 nessee would vote for him on a second ballot, and 
 New- Jersey might be induced to do the same, or words 
 to that effect ? Did you ever communicate with the 
 plaintiff, or he with you, on the subject ? Do you 
 know any person who did communicate with him ? 
 and if so, what did he say ? 
 
 Did you not receive a letter or letters from Alex 
 ander Hamilton, of New- York, and late secretary of 
 the treasury of the United States, now deceased, in 
 the month of January or February, 1801, or at some 
 other time, and when, respecting the election of a 
 president of the United States ? Did he not commu 
 nicate to you that the said David A. Ogden had been 
 requested to see the plaintiff for the purposes afore 
 said ? And what in particular were the contents of such 
 letters or letter, or communication ? Do you know 
 that any, and if so, what measures were suggested or 
 pursued to secure the election of said plaintiff as presi 
 dent ; and did the said plaintiff know, or was he in 
 formed thereof, or what did he know, or of what was 
 he informed ? Had you any reason or reasons to 
 believe that any of the states would relinquish Thomas 
 
APPENDIX. 231 
 
 Jefferson and vote for Aaron Burr as president in the 
 said election in the said house of representatives, or 
 that the said Aaron Burr calculated on such relinquish- 
 ment ? If so, which state or states, and what was the 
 -reason or reasons of such belief? 
 
 8th. Do you know any matter, circumstance, or 
 thing, which can be material to the defendant in this 
 cause ? If yea, set the same forth fully and parti 
 cularly. 
 
 Interrogatory on the part of the plaintiff. Do you 
 know of any matter or thing that may be beneficial 
 to the plaintiff on the trial of this cause ? If so, declare 
 the same fully and at length, in the same manner as if 
 you had been particularly interrogated thereto. 
 
 MILLER & VAN WYCK, Att ys for deft. 
 
 Approved March 6, 1805. 
 
 B. LlVINGSTOJf. 
 
 The Deposition of JAMES A. BAYARD, sworn and ex 
 amined on the twenty day of in the year 
 
 of our Lord one thousand eight hundred and five, 
 at Wilmington, in the state of Delaware, by virtue 
 of a commission issuing out of the supreme court 
 of judicature of the state of New- York, to John 
 
 Vaughan, or any two of them, directed for the 
 
 examination of the said James A. Bayard, in a cause 
 there depending between Aaron Burr, plaintiff, and 
 James Cheetham, defendant, on the part and behalf 
 of the defendant. 
 
 1st. To the first interrogatory this deponent an 
 swers and says : As a member of the house of repre- 
 20 
 
232 APPENDIX. 
 
 sentatives I paid a visit of ceremony to the plaintiff on 
 the fourth of March, in the year one thousand eight 
 hundred and one, and was introduced to him. I had 
 no acquaintance with him before that period. I had 
 no knowledge of the defendant but what was derived 
 from his general reputation, before the last session of 
 congress, when a personal acquaintance commenced 
 upon my becoming a member of the senate. 
 
 2d. To the second interrogatory this deponent 
 saith : I was. 
 
 3d. To the third interrogatary this deponent saith : 
 there was an equality of electoral votes for Mr. Jef 
 ferson and Mr. Burr, and the choice of one of them 
 did, of consequence, devolve on the house of repre 
 sentatives. 
 
 4th. To the fourth interrogatory this deponent 
 saith : the house resolved into states, balloted for 
 a president a number of times, the exact number 
 is not at present in my recollection, before a choice 
 was made. The frequency of balloting was occasion 
 ed by the preference given by the federal side of the 
 house to Mr. Burr. With the exception of Mr. Hu- 
 ger, of South Carolina, I recollect no federal member 
 who did not not concur in the general course of bal 
 loting for Mr. Burr. I cannot name each member. 
 The federal members at that time composed a ma 
 jority of the house, though not of the states. Their 
 names can be ascertained by the journals of the house 
 of representatives. 
 
 5th. To the fifth interrogatory this deponent saith : 
 I know of no measures but those of argument and 
 persuasion which were used to secure the ejection of 
 Mr. Burr to the presidency. Several gentlemen of 
 
APPENDIX. 233 
 
 the federal party doubted the practicability of electing 
 Mr. Burr, and the policy of attempting it. Before the 
 election came on there were several meetings of the 
 party to consider the subject. It was frequently de 
 bated, and most of the gentlemen who had adopted a 
 decided opinion in favour of his election, employed 
 their influence and address to convince those who 
 doubted of the propriety of the measure. I cannot 
 tell whether Mr. Burr was acquainted with what pass 
 ed at our meetings. But I neither knew nor heard of 
 any letter being written to him on the subject. He 
 never informed me, nor have I reason to believe fur 
 ther than inference from the open professions and pub 
 lic course pursued by the federal party, that he was 
 apprized that an attempt would be made to secure his 
 election. 
 
 6th. To the sixth interrogatory the deponent saith : 
 Mr. Burr, or any person on his behalf, never did com 
 municate to me in writing or otherwise, nor to any 
 other persons of which I have any knowledge, that any 
 measures had been suggested, or would be pursued, to 
 secure his election. Preceding the day of the elec 
 tion, in the course of the session, the federal members 
 of congress had a number of general meetings, the 
 professed and sole purpose of which was to consider 
 the propriety of giving their support to the election of 
 Mr. Burr. The general sentiment of the party was 
 strongly in his favour. Mr. Huger, I think, could not 
 be brought to vote for him. Mr. Craik and Mr. Baer, 
 of Maryland, and myself, were those who acquiesced 
 with the greatest difficulty and hesitation. I did not 
 believe Mr. Burr could be elected, and thought it vain 
 to make the attempt ; but I^was chiefly influenced by 
 
234 APPENDIX. 
 
 the current of public sentiment, which I thought ft 
 neither safe nor politic to counteract. It was, how 
 ever, determined by the party, without consulting Mr. 
 Burr, to make the experiment whether he could be 
 elected. Mr. Ogden never was authorized nor re 
 quested by me, nor any member of the house, to my 
 knowledge, to call upon Mr. Burr, and to make any 
 propositions to him of any kind or nature. I remem 
 ber Mr. Ogden s being at Washington, while the elec 
 tion was depending. I spent one or two evenings in 
 his company at S tiller s hotel, in small parties, and we 
 recalled an acquaintance of very early life, which had 
 been suspended by a separation of eighteen or twen 
 ty years. I spent not a moment with Mr. Ogden in 
 private. It was reported that he was an agent for 
 Mr. Burr, or it was understood that he was in pos 
 session of declarations of Mr. Burr, that he would 
 serve as president if elected. I never questioned him 
 on the subject. Although I considered Mr. Burr per 
 sonally better qualified to fill the office of president 
 than Mr. Jefferson, yet, for a reason above suggested, 
 I felt no anxiety for his election, and I presumed if 
 Mr. Ogden came on any errand from Mr. Burr, or 
 was desirous of making any disclosure relative to his 
 election, he would do it without any application from 
 me. But Mr. Ogden, or any other person, never did 
 make any communication to me from Mr. Burr, nor 
 do I remember having any conversation with him re 
 lative to the election. I never had any communica 
 tion, directly or indirectly, with Mr. Burr in relation 
 to his election to the presidency. I was one of those 
 who thought from the beginning, that the election of 
 Mr. Burr was not practicable. The sentiment was 
 
APPENDIX. 235 
 
 frequently and openly expressed. I remember it was 
 generally said by those who wished a perseverance 
 in the opposition to Mr. Jefferson, that several demo 
 cratic states were more disposed to vote for Mr. Burr 
 than for Mr. Jefferson. That out of complaisance to the 
 known intention of the party they would vote a decent 
 length of time for Mr. Jefferson, and as soon as they 
 could excuse themselves by the imperious situation of 
 affairs, would give their votes for Mr. Burr, the man 
 they really preferred. The states relied upon for this 
 change were New-York, New- Jersey, Vermont, and 
 Tennessee. I never, however, understood that any 
 assurance to this effect came from Mr. Burr. Early 
 in the election it was reported that Mr. Edward Li 
 vingston, the representative of the city of New- York, 
 was the confidential agent of Mr Burr, and that Mr, 
 Burr had committed himself entirely to the discretion 
 of Mr. Livingston, having agreed to adopt all his acts. 
 I took an occasion to sound Mr. Livingston on the sub 
 ject, and intimated, that having it in my power to ter 
 minate the contest, I should do so, unless he could give 
 me some assurance that we might calculate upon a 
 change in the votes of some of the members of his par 
 ty. Mr. Livingston stated, that he felt no great con 
 cern as to the event of the election, but he disclaimed 
 any agency from Mr. Burr, or any connexion with 
 him on the subject, and any knowledge of Mr. Burr s 
 designing to co-operate in support of his election. 
 
 7th. The deponent, answering that part of the se 
 venth interrogatory which relates to letters received 
 from the late Alexander Hamilton, says : I did re 
 ceive, in the course of the winter of 1801, several let 
 ters from General Hamilton, on the subject of the 
 20* 
 
236 APPENDIX. 
 
 election, but the name of David A. Ogden is not men 
 tioned in any of them. The general design and effect 
 of these letters was to persuade me to vote for Mr 
 Jefferson, and not for Mr. Burr. The letters con 
 tain very strong reasons, and a very earnest opinion, 
 against the election of Mr. Burr. In answer to the 
 residue of the same interrogatory, the deponent saith : 
 I repeat, that I know of no means used to promote the 
 election of Mr. Burr, but persuasion, I am wholly ig 
 norant of what the plaintiff was apprized of in relation 
 to the election, as I had no communication with him,, 
 directly or indirectly ; and as to the expectation of a 
 change of votes from Mr. Jefferson to Mr. Burr, I ne 
 ver knew a better ground for it than the opinions and 
 calculations of a number of members. 
 
 8th. In answer to the eighth interrogatory the depo 
 nent saith : I know of nothing which, in my opinion^ 
 can be of service to the defendant in the cause. 
 
 To the interrogatory on the part of the plaintiff, the 
 deponent answers : Having, yielded, with Messrs, 
 Ci aik and Baer, of Maryland, to the strong desire of 
 the great body of the party with whom we usually 
 acted, and agreed to vote for Mr.. Burr, and those 
 gentlemen and myself being governed by the same 
 views and motives, we pledged ourselves to each 
 other to pursue the same line of conduct, and act to 
 gether. We felt that some concession was due to the 
 judgment of the great majority of our political friends, 
 who differed from us in opinion, but we determined 
 that no consideration should make us lose sight for a 
 moment of the necessity of a president being chosen. 
 We therefore resolved, that as soon as it was fairly 
 ascertained that Mr. Burr could not be elected, to 
 
APPENDIX. 23? 
 
 give our votes to Mr. Jefferson. General Morris, of 
 Vermont, shortly after acceded to this arrangement. 
 The result of the ballot of the states had uniformly 
 been eight states for Mr. Jefferson, six for Mr. Burr, and 
 two divided. Mr. Jefferson wanted the vote of one state 
 only ; those three gentlemen belonged to the divided 
 states ; 1 held the vote of the state of Delaware ; it was 
 therefore in the power of either of us to terminate the 
 election. Those gentlemen knowing the strong inte^- 
 rest of my state to have a president, and knowing the 
 sincerity of my determination to make one, left it tome 
 to fix the time when the opposition should cease, and 
 to make terms if any could be accomplished with the 
 friends of Mr. Jefferson. I took pains to disclose this 
 state of things in such a manner, that it might be known 
 to the friends of Mr. Burr, and to those gentlemen 
 who were believed to be most disposed to change their 
 votes in his favour. I repeatedly stated to many gen 
 tlemen with whom I was acting, that it was a vain 
 thing to protract the election, as it had become mani 
 fest that Mr. Burr would not assist us, and as we 
 could do nothing without his aid. I expected, under 
 these circumstances, if there were any latent engines 
 at work in Mr. Burr s favour, the plan of operations 
 would be disclosed to me ; but although I had the 
 power, and threatened to terminate the election, I had 
 not even an intimation from any friend of Mr. Burr s, 
 that it w r ould be desirable to them to protract it. I 
 never did discover that Mr. Burr used the least in 
 fluence to promote the object we had in view. And 
 being completely persuaded that Mr. Burr would not 
 co-operate with us, I determined to end the contest by 
 voting for Mr. Jefferson. I publicly announced the 
 
238 APPENDIX. 
 
 intention which I designed to carry into effect the next 
 day. In the morning of the day there was a general 
 meeting of the party, where it was generally admitted 
 Mr. Burr could not be elected ; but some thought it 
 was better to persist in our vote, and to go without 
 a president rather than to elect Mr. Jefferson. The 
 greater number, however, wished the election termi 
 nated, and a president made ; and in the course of the 
 day the manner was settled, which was afterwards 
 adopted, to end the business. 
 
 Mr. Burr probably might have put an end sooner 
 to the election by coming forward and declaring that 
 he would not serve if chosen, but I have no reason to 
 believe, and never did think, that he interfered even 
 to the point of personal influence, to obstruct the elec 
 tion of Mr. Jefferson, or to promote his own. 
 
 WASHINGTON, 7th January, 1801. 
 
 DEAR SIR I have been but a few days in this city, 
 but since my arrival have had the pleasure to receive 
 the letter which you did me the honour to write on 
 the 27th ult. I am fully sensible of the great impor 
 tance of the subject to which it relates, and iini there 
 fore extremely obliged by the information you have 
 been so good as to communicate. 
 
 ******** 
 
 It is considered that, at least in the first instance, 
 Georgia, North-Carolina, Virginia, Tennessee, Ken 
 tucky, Pennsylvania, New-Jersey, and New- York, 
 will vote for Mr. Jefferson. It is probable that Ma 
 ryland and Vermont will be divided. It is therefore 
 
APPENDIX. 239 
 
 counted, that upon the first ballot it would be possible 
 to give to Mr. Burr six votes. It is calculated, how 
 ever, and strongly insisted by some gentlemen, that a 
 persevering opposition to Mr. Jefferson would bring 
 over New-York, New- Jersey, and Maryland. What 
 is the probability relative to New- York, your means 
 enable you to form the most correct opinion. As to 
 New-Jersey and Maryland, it would depend on 
 Mr. Lynn of the former, and Mr. Dent of the latter 
 state. 
 
 I assure you, sir, there appears to be a strong incli 
 nation in a majority of the federal party to support Mr. 
 Burr. The current has already acquired considerable 
 force, and is manifestly increasing. The vote which 
 the representation of a state enables me to give, would 
 decide the question in favour of Mr. Jefferson. At 
 present I am by no means decided as to the object of 
 preference. If the federal party should take up Mr. 
 Burr, I ought certainly to be impressed with the most 
 undoubting conviction before I separated myself from 
 them. I cannot, however, deny that there are strong 
 considerations which give a preference to Mr. Jeffer 
 son. The subject admits of many and very doubtful 
 views ; and before I resolve on the part I shall take, 
 I will await the approach of the crisis which may 
 probably bring with it circumstances decisive of the 
 event. 
 
 The federal party meet on Friday, for the purpose 
 of forming a resolution as to their line of conduct. I 
 have not the lest doubt of their agreeing to support 
 Mr. Burr. 
 
 Their determination will not bind me ; for though 
 it might cost me a painful struggle to disappoint the 
 
240 APPENDIX. 
 
 views and wishes of many gentlemen with whom I 
 have been accustomed to act, yet the magnitude of the 
 subject forbids the sacrifice of a strong conviction. I 
 cannot answer for the coherence of my letter, as I have 
 undertaken to write to you from the chamber of re 
 presentatives, with an attention divided by the debate 
 which occupies the house. I have not considered my 
 self at liberty to show your letter to any one, though I 
 think it would be serviceable, if you could trust my 
 discretion in the communication of it. 
 
 1 am, with great consideration, 
 Your very obd t serv t. 
 
 JAMES A. BAYARD. 
 Hon. ALEXANDER HAMILTON. 
 
 FREDERICK, April 19, 1830. 
 RICHARD H. BAYARD, Esq. 
 
 SIR In compliance with your request I now com 
 municate to you my recollections of the events of the 
 presidential election by the house of representatives in 
 1801. There has been no period of our political his 
 tory more misunderstood, and more grossly misre 
 presented. The course adopted by the federal party 
 was one of principle, and not of faction, and I think the 
 present a suitable occasion for explaining the views 
 and motives at least of those gentlemen who having it 
 in their power to decide the election at any moment, 
 were induced to protract it fora time, but ultimately 
 to withdraw their opposition to Mr. Jefferson. 
 
 I have no hesitation in saying, that the facts stated 
 in the deposition of your father, the late James A. 
 
APPENDIX. 241 
 
 Bayard, so far as they came to my knowledge, are 
 substantially correct ; and although nearly thirty 
 years have elapsed since that eventful period, my re 
 collection is vivid, as to the principal circumstances, 
 which, from the part I was called upon to act, were 
 deeply graven on my memory. As soon as it was ge 
 nerally known that the two democratic candidates, 
 Jefferson and Burr, had the highest, and an equal 
 number of votes, and that the election would conse 
 quently devolve on the house of representatives, Mr. 
 Dent, who had hitherto acted with the federal party, 
 declared his intention to vote for Mr. Jefferson, in 
 consequence of which determinntian, the vote of Ma 
 ryland was divided. 
 
 It was soon ascertained that there were six indivi 
 duals, the vote of any one of whom could at any mo 
 ment decide the election. These were, your father, the 
 late James A. Bayard, who held the vote of the state 
 of Delaware, General Morris, of Vermont, who held 
 the divided vote of that state, and Mr. Craik, Mr. Tho 
 mas, Mr. Dennis, and myself, who held the (divided 
 vote of Maryland. Much anxiety was shown by the 
 friends of Mr. Jefferson, and much ingenuity used to 
 discover the line of conduct which would be pursued 
 by them. Deeply impressed with the responsibility 
 which attached to their peculiar situation, and conscious 
 that the American people looked to them for a presi 
 dent, they could not rashly determine either to surren 
 der their constitutional discretion, or to disappoint the 
 expectations of their fellow citizens. 
 
 Your father, Mr. Craik, and myself, having compa 
 red ideas upon the subject, and finding that we enter 
 tained the same views and opinions, resolved to act 
 
$42 APPENDIX. 
 
 together, and accordingly entered into a solemn and 
 mutual pledge that we would in the first instance yield 
 to the wishes of the great majority of the party with 
 whom we acted, and vote for Mr. Burr, but that no 
 consideration should induce us to protract the contest 
 beyond a reasonable^ period, for the purpose of ascer 
 taining whether he could be elected. We determined 
 that a president should be chosen, but were willing 
 thus far to defer to the opinions of our political friends, 
 whose preference of Mr. Burr was founded upon a be 
 lief that he was less hostile to federal men and fede 
 ral measures, than Mr. Jefferson. Gen. Morris and 
 Mr. Dennis concurred in this arrangement. 
 The views by which the federal party were govern 
 ed were these : They held that the constitution had 
 vested in the house of representatives a high discre 
 tion in a case like the present, to be exercised for the 
 benefit of the nation ; and that in the execution of this 
 delegated power, an honest and unbiased judgment was 
 the measure of their responsibility. They were less 
 certain of the hostility of Mr. Burr to federal policy 
 than of that of Mr. Jefferson, which was known and 
 decided. Mr. Jefferson had identified himself with, 
 and was at the head of the party in congress who had 
 opposed every measure deemed necessary by the fe 
 deralists for putting the country in a posture of de 
 fence ; such as fortifying the harbours and seaports, es 
 tablishing manufactories of arms ; erecting arsenals, 
 and filling them with arms and ammunition ; erecting 
 a navy for the defence of commerce, &c. His spe 
 culative opinions were known to be hostile to the in 
 dependence of the judiciary, to the financial system 
 of the country, and to internal improvements. 
 
APPENDIX. 243 
 
 AH these matters the federalists believed to be inti 
 mately blended with the prosperity of the nation, and 
 they deprecated, therefore, the elevation of a man to 
 the head of the government whose hostility to them 
 was open and avowed. It was feared, too, from his pre 
 judices against the party which supported them, that 
 he would dismiss all public officers who differed with 
 him in sentiment, without regard to their qualifications 
 and honesty, but on the ground only of political cha 
 racter. The house of representatives adopted certain 
 resolutions for their government during the election, 
 one of which was, that there should be no adjournment 
 till it was decided, 
 
 On the llth February, 1801, being the day appointed 
 by law for counting the votes of the electoral colleges, 
 the house of representatives proceeded in a body to 
 the senate chamber, where the vice president, in view 
 of both houses of congress, opened the certificates oT 
 the electors of the different states, and as the votes 
 were read the tellers on the part of each house counted, 
 and took lists of them, which being compared and de 
 livered to him, he announced to both houses the state 
 of the votes ; which was, for Thomas Jefferson, 73 
 votes, for Aaron Burr, 73 votes, for John Adams, 65 
 votes, for Charles Pinckney, 64 votes, for John Jay, 
 one vote ; and then declared that the greatest num 
 ber, and majority of votes, being equal, the choice had 
 devolved on the house of representatives. The mem 
 bers of the house then withdrew to their own cham 
 ber, and proceeded to ballot for a president. On the 
 first ballot, it was found that Thomas Jefferson had the 
 votes of eight states, Aaron Burr of six states, and that 
 two were divided. As there were sixteen states, and 
 21 
 
244 APPENDIX. 
 
 a majority was necessary to determine the election, 
 Mr. Jefferson wanted the vote of one state. Thus the 
 result which had been anticipated was realized. 
 
 The balloting continued throughout that day and the 
 following night at short intervals, with the same result, 
 the 26th ballot being taken at 8 o clock on the morning 
 of the 12th February. The balloting continued with 
 the same result from day to day, till the 17th of Feb 
 ruary, without any adjournment of the house. On 
 the previous day, (February 16,) a consultation was 
 held by the gentlemen I have mentioned, when, being 
 satisfied that Mr. Burr could not be elected, as no 
 change had taken place in his favour, and there was 
 no evidence of any effort on the part of himself or his 
 personal friends, to procure his election, it was resolved 
 to abandon the contest. This determination was made 
 known to the federal members generally, and excited 
 some discontent among the violent of the party, who 
 thought it better to go without a president than to elect 
 Mr. Jefferson. A general meeting, however, of the 
 federal members was called, and the subject explain 
 ed, when it was admitted that Mr. Burr could not be 
 elected. A few individuals persisted in their resolu 
 tion not to vote for Mr. Jefferson, but the great majo 
 rity wished the election terminated and a president 
 chosen. Having also received assurances from a source 
 on which we placed reliance, that our wishes with regard 
 to certain points of federal policy in which we felt a 
 deep interest would be observed in case Mr. Jefferson 
 was elected, the opposition of Vermont, Delaware, and 
 Maryland, was withdrawn, and on the 36th ballot your 
 father, the late James A. Bayard, put in a blank ballot, 
 myself and my colleagues did the same, and Gen. Mor- 
 
APPENDIX. 245 
 
 ris absented himself. The South Carolina federalists 
 also put in blank ballots. Thus terminated that me 
 morable contest. 
 
 Previous to and pending the election, rumors were 
 industriously circulated, and letters written to different 
 parts of the country, charging the federalists with the 
 design to prevent the election of a president, and to 
 usurp the government by an act of legislative power. 
 Great anxiety and apprehensions were created in the 
 minds of all, and of none more than the federalists 
 generally, who were not apprized of the determination 
 of those gentlemen who held the power, and were re 
 solved to terminate the contest when the proper pe 
 riod arrived. But neither these rumors nor the excite 
 ment produced by them, nor the threats made by their 
 opponents, to resist by force such a measure, had the 
 least influence on the conduct of those gentlemen. 
 They knew the power which they possessed, and were 
 conscious of the uprightness of their views, and of the 
 safety and constitutional character of the course they 
 had adopted. I was privy to all the arrangements made, 
 and attended all the meetings of the federal party ; when 
 consulting on the course to be pursued in relation to 
 the election, and I pledge my most solemn asseveration, 
 that no such measure was ever for a moment contem 
 plated by that party : that no such proposition was 
 ever made ; and that if it had ever been, it would not 
 only have been discouraged but instantly put down by 
 those gentlemen who~possessed the power, and were 
 pledged to each other to elect a president before the 
 close of the session. 
 
 I am respectfully, sir, 
 
 your most obd t servant, 
 
 GEORGE BAER. 
 
246 
 
 APPENDIX, 
 
 LEIPERVLLLE, 4th of 5th mo., 183&. 
 RICHARD H. BAYARD, 
 
 ESTEEMED FRIEND : I have carefully considered 
 the contents of thy letter of the 16th ultimo, and can 
 fully appreciate the object in view, which appears to 
 be the vindication of the character of thy father, James 
 A Bayard, in consequence of certain " injurious impu 
 tations" affecting it, contained in the writings of Jef 
 ferson, lately published, in reference to his conduct in 
 the presidential election of 1801. I must be excused 
 from attempting any thing like a circumstantial ac 
 count of the transactions of so remote a period. The 
 depositions shown me by thee, which were made by thy 
 father, in 1805, and the statement recently drawn up 
 by George Baer r (my colleague in congress,) of the 
 occurrences which then happened, I believe to be sub 
 stantially correct ; and I may add, that as a federal 
 member of the house of representatives, I attended 
 the meetings of the federalists, held for consultation at 
 that deeply interesting crisis, and^ know of no cause 
 to doubt the sincerity of the professed object of the 
 party, which was to execute the important duty de 
 volved upon them by exercising a constitutional dis 
 cretion for the benefit of the nation, according to the 
 dictates of their best judgment, at the time. Of any 
 project or determination inconsistent with these views*. 
 I am utterly ignorant, as I am of any fact or circum 
 stance which ought in the slightest degree to lessen 
 the high respect which, in common with the Ameri 
 can people, I have uniformly entertained for the inte 
 grity of thy father, as well as for his pre-eminent ta 
 lents, zealously devoted to the service of his country* 
 
 Jwo. CHEW THOMAS* 
 
APPENDIX. 247 
 
 I, William Jarvis, of Weather sfield, in the county 
 of Windsor, and state of Vermont, do testify and de 
 clare, that in the friendly intercourse which took place 
 between the late Honourable Lewis R. Morris and 
 myself, among various other topics, politics often be 
 came the subject of conversation. In one of those 
 conversations the contest which took place in the house 
 of representatives in the year 1801, for the election of 
 Mr. Jefferson or Mr. Burr, to be president of the United 
 States, was adverted to ; when General Morris re 
 marked that several federalists of high standing wish 
 ed for the election of Mr. Jefferson in preference to 
 Mr. Burr, naming the late Honourable James A. Bay 
 ard, of Delaware, as being one ; and stated that Mr. 
 Bayard came to him, (General Morris,) and urged him 
 to vote in favour of Mr. Jefferson, or to absent himself 
 when the ballots of the state delegations were taken ; 
 Mr. Bayard remarking to him, that as he (Mr. Bayard) 
 represented a federal state, he could not with proprie 
 ty vote for Mr. Jefferson, but as the state of Vermont 
 was friendly to the election of Mr. Jefferson, no ob 
 jection of the kind precluded him (General Morris) 
 from giving his vote to Mr. Jefferson, or from absent 
 ing himself from the poll. As the delegation of Ver 
 mont in congress consisted of two members, one of 
 which had voted for Mr. Jefferson, and he (General 
 Morris) had voted for Mr. Burr, the vote of the state 
 had previously been lost ; but upon the representations 
 of Mr. Bayard, with whom General Morris said he 
 was on terms of the most friendly intimacy, and for 
 whose talents he entertained the highest respect, and 
 had the most entire confidence in his honour and in 
 tegrity, he was induced, prior to the last ballot, to, ab* 
 21* 
 
248 APPENDIX. 
 
 sent himself from the house, and the other member 
 being in favour of Mr. Jefferson, the vote of Vermonl 
 was accordingly given to him.. After a lapse of ten- 
 or twelve years, I do not pretend to recollect the pre 
 cise language of General Morris, but I am satisfied^, 
 that the preceding declaration contains the true and 
 faithful sense of his communication to me relative to 
 that question, 
 
 WM. JARVIS. 
 WKATHERSHELD, 29th April, 1830, 
 
 COUNCIL CHAMBER, BOSTON, June 2d, 1830, 
 SIR : I enclose you the statement of my brother, 
 Wm. Jarvis, of Vermont, and it gives him and myself 
 great pleasure to be any way instrumental in vindica* 
 ting the character of your father. 
 
 One such witness as Mr. Jarvis is sufficient. He 
 was appointed consul at Lisbon, by Mr. Jefferson, and 
 was there as consul and charge d affaires many years. 
 Was also appointed by Mr. Madison commissary ge 
 neral of the northern army, which he declined ; was 
 one of the presidential electors of the state of Vermont 
 at the last election, and has repeatedly declined the gu~ 
 bernatorial chair of that state. 
 
 With great respect, your ob t servant, 
 
 JOSEPH E. SPRAGUE,. 
 RICHARD H. BAYARD, Esq. 
 
APPENDIX, 249 
 
 POLITICAL HISTORY. 
 
 Letter from Judge Paine, of Vermont, to the Editor 
 of Niks Register. 
 
 WILLIAMSTOWN, (Vt.) June 1, 1830. 
 
 DEAR SIR Noticing in the papers of the day the me 
 morandum made by the late President Jefferson, of 
 the communication of Mr. Livingston of Louisiana, in 
 relation to a conversation said to be held by the late 
 Mr. Bayard, f Delaware, with General Smith, of 
 Maryland, pending the presidential election in the 
 house of representatives in 1801, 1 determined imme 
 diately to communicate to you my knowledge of the 
 views and sentiments of Mr. Bayard in relation to 
 that election. But from a reluctance to appear in 
 the public prints, at my time of life, I changed my de 
 termination. However, by the advice of friends, on 
 whose judgment I rely, I now concisely communicate 
 to you my knowledge on that subject. 
 
 And first, permit me to say, that probably I possess 
 more knowledge on the subject, as it relates to Mr. 
 Bayard, than any person now living. Mr. Bayard, as 
 is well known, was at the time the sole representa 
 tive from Delaware, and could cast the vote of that 
 state as he thought proper. The late General Morris 
 and Matthew Lyon were the representatives from 
 this state, Vermont ; for at that time Vermont had 
 but two representatives. General Morris voted for 
 Mr. Burr, and Mr. Lyon for Mr. Jefferson. In con 
 sequence, the vote of Vermont was lost. At the same 
 
250 APPENDIX. 
 
 time I was in the senate, and was on intimate and 
 confidential terms with General Morris, and had 
 been so for many years. He held conversations with 
 me every day during the balloting in the house of 
 representatives, in relation to the business before 
 them. 
 
 General Morris was very intimate with Mr. Bay 
 ard, and, in consequence of this intimacy, I became 
 very well acquainted with the latter gentlemen. And 
 I do know, that Mr. Bayard was much dissatisfied that 
 the balloting should have been so long protracted, and 
 that the day before the last ballot, he declared, among 
 his political friends, it should be brought to a close the 
 next day. He thought that the delay would cause a 
 dangerous excitement in the country. 
 
 The evening before the last ballot was taken, Gene 
 ral Morris informed me, that he should not be in the 
 house the next day, and in consequence Mr. Jefferson 
 would be elected. He said he was induced to secede 
 by the representations, and at the request of Mr. Bay 
 ard ; who thought that he, General Morris, could se 
 cede with greater propriety than a person who was 
 the only representative of a federal state, and Ver 
 mont, at the time, was nearly equally divided on the 
 subject. So that I always considered Mr. Bayard as 
 the means of Mr. Jefferson s election, and I believe he 
 was so considered by many others. 
 
 That Mr. Bayard might have sportively said to 
 General Smith what is attributed to him, is possible. 
 And if so, General Smith would not probably remem 
 ber it. But if such conversation was held with cor 
 rupt views, for the purpose of influencing him, it is 
 impossible he should have forgotten it. I have no be- 
 
APPENDIX. 251 
 
 lief that Mr. Bayard would seriously have made what 
 amounts to a proposition to corrupt another. 
 I am, with great regard, 
 
 Your obedient servant, 
 
 ELIJAH PAINB. 
 
 IT appears, then, from the proceedings in the se* 
 nate, that the first charge retailed in the memoirs of 
 Mr. Jefferson, is negatived by the testimony of those 
 on whose authority it professes to be founded. It 
 further appears, from the deposition of Mr. Bayard, in 
 the case of Burr and Cheetham, that he had not even 
 a personal acquaintance with Mr. Burr previously to 
 the 4th March, 1801 ; and that of General Smith, in 
 the case of Gillespie and Smith, that he, on the con 
 trary, was on terms of intimacy with Colonel Burr, 
 in correspondence with him from the beginning of the 
 session until the termination of the election, and had 
 been constituted by him his proxy to decline any con 
 test with Mr. Jefferson. The letter addressed to him 
 by Colonel Burr for this purpose was dated the 16th 
 December, 1800, and was published in Relf s Phila 
 delphia Gazette of the 30th December ; it was there 
 fore a matter of notoriety. The calumny, therefore, 
 involves the absurdity of an entire stranger to Colonel 
 Burr making an authorized proposition on his behalf 
 to one of his confidential friends, whoJiad been selected 
 for the very purpose of defeating the object alleged to 
 be in view. It is also evident, from the whole course 
 of Mr. Bayard in reference to the election, established 
 by his own deposition, his letter to General Hamilton, 
 
252 APPENDIX. 
 
 the statements of Messrs. Baer and Thomas, and the 
 declarations of General Morris, that he had no com 
 munication whatever with Mr. Burr, and that the 
 charge is an idle slander which Mr. Jefferson should 
 have been too wise to have committed to paper, 
 and possessed of too much propriety of feeling to have 
 left for posthumous publication. 
 
 The second charge, at page 521 of the 4th volume 
 of the " Memoirs," is as follows, under date of April 
 15th, 1806. 
 
 " I did not commit these things to writing at the 
 time, but I do it now, because in a suit between him 
 (Colonel Burr) and Cheetham he has had a deposition 
 of Mr. Bayard taken, which seems to have no relation 
 to the suit, nor to any other object than to calumniate me. 
 Bayard pretends to have addressed to me, during the 
 pending of the presidential election in February, 1801, 
 through General Samuel Smith, certain conditions on 
 which my election might be obtained, and that Gene 
 ral Smith, after conversing with me, gave answers 
 for me. This is absolutely false. No proposition of 
 any kind was ever made to me on that occasion by 
 General Smith, nor any answer authorized by me ; 
 and this fact General Smith affirms at this moment." 
 
 The reply we give to this memorandum of Mr. Jef 
 ferson, is the publication of the depositions of Mr. 
 Bayard and General Smith, in the case of Gillespie 
 and Smith. The documents in this case were obtained 
 from the Hon. Stephen R. Bradley, of Vermont, one of 
 the commissioners to take the depositions of witnesses 
 in^the cause, and at the time a senator in congress from 
 the state of Vermont. 
 
 It will be perceived that Mr, Jefferson, in his anxiety 
 
APPENDIX. 253 
 
 to arraign the statement of Mr. Bayard, has assumed 
 the fact that his deposition was made in the case of 
 Burr and Cheetham, and from this groundless assump 
 tion drawn a conclusion that the deposition had no re 
 lation to the suit, and no other object than to calum 
 niate him. 
 
 The unfairness and falsity of this conclusion are ma 
 nifest from the interrogatories in the case in which the 
 deposition was made, which in truth was that of Gilles- 
 pie and Smith. 
 
 The deposition of General Smith, in the same case, 
 sworn to on the very day on which Mr. Jefferson s 
 memorandum is dated, also shows how unwarranted 
 is his assertion, that his denial of the facts stated in the 
 deposition of Mr. Bayard is affirmed by that gentle 
 man. It will be seen, on the contrary, that the deposi 
 tion of Mr. Bayard is substantially and fully confirm 
 ed by that of General Smith. 
 
 The charge of calumny may therefore be retorted 
 upon Mr. Jefferson. The deposition of Mr. Bayard 
 was made during the lifetime of all the parties con 
 nected with the matters detailed in it, and before com 
 missioners opposed to him in political principles, and 
 members of the same party with Mr. Jefferson. 
 
 The memorandum of Mr. Jefferson was secluded 
 among his private papers till long after the death of 
 Mr. Bayard, and left for posthumous publication, to 
 tarnish his reputation when the means of refuting it 
 might have been lost. Those means, however, have 
 been preserved, and the object of the memorandum, as 
 far as relates to Mr. Bayard, is, we believe, entirely 
 defeated ; with what benefit to the reputation of Mr. 
 Jefferson, is left to others to determine. 
 
254 
 
 LVTERROGAT OKIES to be administered to witnesses, to 
 be produced, sworn, and examined in a certain cause 
 now depending and at issue in the supreme court of 
 judicature of the people of the state of New York* 
 wherein James Gillespie is plaintiff, and Abraham 
 Smith defendant, on the behalf of the defendant. 
 
 1st. Do you or do you not know Thomas Jefferson, 
 president of the United States ? If yea, declare the 
 same, together with the time j when you first became ac 
 quainted with him. 
 
 2d. Was you a member of the house of represen 
 tatives of the United States, at Washington, in the ses 
 sion of 1800 and 1801 ? If yea, state the time parti 
 cularly. 
 
 3d. Do you or do you not know that in the years 
 1800 and 1801, Thomas Jefferson and Aaron Burr, 
 had each an equal number of votes given by the elec 
 tors for president and vice president of the United 
 States, and that consequently the right of electing a 
 president devolved upon the house of representatives 
 of the United States ? State your knowledge herein 
 particularly. 
 
 4th. Do you or do you not know, or have you heard 
 so that you believe, of any negotiations, bargains, or 
 agreements, in the year 1800 or 1801, after the said 
 equality became known and before the choice of the 
 president, by or on behalf of any person, and whom, 
 with the parties called federal or republican, or either 
 of them, or with any individual or individuals, and 
 whom, of either of the said parties, relative to the of 
 fice of president of the United States? Ifyea,declare;the 
 particulars thereof, and the reasons of such your belief. 
 
APPENDIX. 255 
 
 5th. Do you or do you not know Aaron Burr, late 
 vice president of the United States ? If yea, declare 
 the same, with the time when your acquaintance com 
 menced. 
 
 6th. Do you know, or have you heard so that you 
 believe, of any negotiations, bargains, or agreements in 
 the year 1800 or 1801, by or on behalf of the said 
 Aaron Burr, or by or on behalf of any other person, 
 and whom, with the parties called federal or republi 
 can, or either of them, or with any individual, and 
 whom, of the said parties, relative to the office of pre 
 sident of the United States? If yea, declare the same, 
 with all the particulars thereof, and the reasons of such 
 your belief. 
 
 7th. Did you receive any letters from the said Aaron 
 Burr, after the said equality of votes was known, and 
 before the final choice of a president ? If yea, what 
 was the tenor of such letter ? Did the conduct of the 
 said Aaron Burr correspond with the declarations con 
 tained in the said letter ? Declare your knowledge 
 and belief, together with the grounds and reasons 
 thereof. 
 
 DEPOSITION of the Honourable James A. Bayard, a 
 witness produced, sworn, and examined in a cause 
 depending in ^the supreme court of the state of 
 New- York, between James Gillespie, plaintiff, and 
 Abraham Smith, defendant, on the part of the plain 
 tiff, follows. 
 
 To the first interrogatory, deponent answers and 
 says, I do not know either the plaintiff or defendant. 
 To the second interrogatory, he answers and says, 
 22 
 
256 APPENDIX. 
 
 I was personally acquainted with Thomas Jefferson, 
 before he became president of the United States, the 
 precise length of time I do not recollect. The ac 
 quaintance did not extend beyond the common saluta 
 tion upon meeting, and accidental conversation upon 
 such meetings. 
 
 To the third interrogatory he answers and says, I 
 was a member of the house of representatives of the 
 United States, during the fifth, sixth, and seventh con 
 gresses, from the 3d of March, 1797, to the 3d of 
 May, 1803. 
 
 * To the fourth interrogatory, he answers and says 
 The electoral votes for Thomas Jefferson and Aaron 
 Burr, for president of the United States, were equal, 
 and that the choice of one of them as president did de 
 volve on the house of representatives. 
 
 To the fifth interrogatory, he answers and says I 
 presume this interrogatory points to an occurrence 
 which took place before the choice of president was 
 made, and after the balloting had continued for seve 
 ral days, of which I have often publicly spoken. My 
 memory enables me to state the transaction in substance 
 correctly, but not to be answerable for the precise 
 words which were used upon the occasion. Messrs. 
 Baer and Craig, members of the house of representa 
 tives from Maryland, and General Morris, a member 
 of the house from Vermont, and myself, having the 
 power to determine the votes of the states, from simi 
 larity of views and opinions, during the pendency of 
 the election, made an agreement to vote together. We 
 foresaw that a crisis was approaching which might 
 probably force us to separate in our votes from the 
 party with whom we usually acted. We were de- 
 
APPENDIX. 257 
 
 termined to make a president, and the period of Mr. 
 Adams s administration was rapidly approaching. 
 
 In determining to recede from the opposition to Mr. 
 Jefferson, it occurred to us, that probably instead of 
 being obliged to surrender at discretion, we might ob 
 tain terms of capitulation. The gentlemen whose 
 names I have mentioned, authorized me to declare their 
 concurrence with me upon the best terms that could 
 be procured. The vote of either of us was sufficient 
 to decide the choice. With a view to the end men 
 tioned, I applied to Mr. John Nicholas, a member of 
 the house from Virginia, who was a particular friend 
 of Mr. Jefferson. I stated to Mr. Nicholas, that if 
 certain points of the future administration could be 
 understood and arranged with Mr. Jefferson, I was 
 authorized to say that three states would withdraw 
 from an opposition to his election. He asked me what 
 those points were : I answered, first, sir, the support 
 of the public credit ; secondly, the maintenance of the 
 naval system ; and lastly, that subordinate public offi 
 cers employed only in the execution of details, estab 
 lished by law, shall not be removed from office on the 
 ground of their political character, nor without com 
 plaint against their conduct. I explained myself that 
 I considered it not only reasonable but necessary that 
 offices of high discretion and confidence should be fill 
 ed by men of Mr. Jefferson s choice. I exemplified 
 by mentioning on the one hand, the offices of the se 
 cretaries of state, treasury, foreign ministers, &c., and 
 on the other, the collectors of ports, &c. Mr. Nicho 
 las answered me, that he considered the points as very 
 reasonable, that he was satisfied that they correspond 
 ed with the views and intentions of Mr. Jefferson, arxd 
 
258 APPENDIX. 
 
 knew him well. That he was acquainted with most 
 of the gentlemen who would probably be about him 
 and enjoying his confidence, in case he became presi 
 dent, and that if I would he satisfied with his assu 
 rance, he could solemnly declare it as his opinion, that 
 Mr. JefFerson, in his administration, would not depart 
 from the points I had proposed. I replied to Mr. Ni 
 cholas, that I had not the least doubt of the sincerity of 
 his declaration, and that his opinion was perfectly cor 
 rect, but that I wanted an engagement, and that if 
 the points could in any form be understood as conce 
 ded by Mr. Jefferson, the election should be ended : 
 and proposed to him to consult Mr. Jefferson. This 
 he declined, and said he could do no more than 
 give me the assurance of his own opinion as to the 
 sentiments and designs of Mr. Jefferson and his friends. 
 I told him that was not sufficient, that we should not 
 surrender without better terms. Upon this we sepa 
 rated ; and I shortly after met with General Smith, to 
 whom I unfolded myself in the same manner that I 
 had done to Mr. Nicholas. In explaining myself to 
 him in relation to the nature of the offices alluded to, I 
 mentioned the offices of George Latimer, collector of 
 the port of Philadelphia, and Allen M Lane, collector 
 of Wilmington. General Smith gave me the same assu 
 rances as to the observance by Mr. Jefferson of the 
 points which I had stated, which Mr. Nicholas had 
 done. I told him I should not be satisfied, nor agree 
 to yield, till I had the assurance of Mr. Jefferson him 
 self; but that if he would consult Mr. Jefferson, and 
 bring the assurance from him, the election should be 
 ended. The general made no difficulty in consulting 
 Mr. Jefferson, and proposed giving me his answer 
 
APPENDIX. 259 
 
 the next morning. The next day, upon our meeting, 
 General Smith informed me, that he had seen Mr. Jef-. 
 ferson, and stated to him the points mentioned, and was 
 authorized by him to say, that they corresponded 
 with his views and intentions, and that we might con 
 fide in him accordingly* The opposition of Vermont, 
 Maryland, and Delaware, was immediately with 
 drawn, and Mr. Jefferson was made president by the 
 votes of ten states. 
 
 To the 6th interrogatory the deponent answers and 
 says : I was introduced to Mr. Burr the day of Mr. 
 Jefferson s inauguration as president. I had no ac 
 quaintance with him before, and very little afterwards, 
 till the last winter of his vice presidency, when I be 
 came a member of the senate of the United States. 
 
 To the seventh interrogatory the deponent answers 
 and says : I do not know, nor did I ever believe, from 
 any information I received, that Mr. Burr entered in 
 to any negotiation or agreement with any member 
 of either party, in relation to the presidential elec 
 tion, which depended before the house of representa 
 tives. 
 
 To the eighth interrogatory the deponent answers 
 and says : Upon the subject of this interrogatory, I 
 can express only a loose opinion, founded upon the 
 conjectures at the time of what could be effected by 
 Mr. Burr, by mortaging the patronage of the execu 
 tive. I can only say, generally, that I did believe at 
 the time that he had the means of making himself pre 
 sident. But this opinion has no other ground than 
 conjecture, derived from a knowledge of means which 
 existed, and, if applied, their probable operation on 
 individual characters. In answer to the last part of 
 22* 
 
260 APPENDIX. 
 
 the interrogatory deponent says : I know of nothing 
 of which Mr. Burr was apprized, <Which related to the 
 election. 
 
 (Signed) J. A. BAYARD. 
 
 District of Columbia, Washington. 
 The deposition of the Honourable James A. Bay 
 ard, consisting of six pages, was taken and sworn to 
 before us, this 3d day of April, A. D. 1806. 
 
 STEPHEN R. BRADLEY, 
 GEORGE LOGAN. 
 
 DEPOSITION of the Honourable Samuel Smith, senator 
 of the United States for the state of Maryland, a 
 witness produced, sworn, and examined in a cause 
 depending in the supreme court of the state of New- 
 York, between James Gillespie, plaintiff, and Abra 
 ham Smith, defendant, on the part and behalf of 
 the defendant, as follows : 
 
 1st. I knew Thomas Jefferson some years previous 
 to 1800 ; the precise time when our acquaintance 
 commenced I do not recollect, 
 
 2d and 3d. I was a member of the house" of repre 
 sentatives of the United States in 1800 and 1801, and 
 know that Thomas Jefferson and Aaron Burr had an 
 equal number of the votes given by the electors of pre 
 sident and vice president of the United States. 
 
 4th. Presuming that this question may have refer 
 ence to conversations (for I know of no bargains or 
 agreements) which took place at the time of the bal- 
 
APPENDIX, 261 
 
 loting, I will relate those which I well recollect to have 
 had with three gentlemen, separately, of the federal 
 party. On the Wednesday preceding the termination 
 of the election, Colonel Josiah Parker asked a conver 
 sation with me in private. He said that many gen 
 tlemen were desirous of putting an end to the election, 
 that they only wanted to know what would be the 
 conduct of Mr. Jefferson in case he should be elected 
 president, particularly as it related to the public debt, 
 to commerce, and the navy .Ihad heard Mr. Jefferson 
 converse on all those subjects lately, and informed him 
 what I understood were the opinions of that gentle 
 man. I lived in the house with Mr. Jefferson, and 
 that I might be certain that what I had said was cor 
 rect, I sought and had a conversation that evening 
 with him on those points, and I presume, though I do 
 not precisely recollect, that I communicated to him 
 the conversation which I had with Colonel Parker. 
 
 The next day General Dayton, (a senator,) after 
 some jesting conversation, asked me to converse with 
 him in private. We retired. He said that he, with 
 some other gentlemen, wished to have a termination 
 put to the pending election ; but he wished to know 
 what were the opinions or conversations of Mr. Jef 
 ferson, respecting the navy, commerce, and the public 
 debt. In answer, I said that I had last night had con 
 versation with Mr. Jefferson on all those subjects. 
 That he had told me that any opinion he should give 
 at this time might be attributed to improper motives. 
 That to me he had no hesitation in saying, that as to 
 the public debt, he had been averse to the manner of 
 funding it, but that he did not believe there was any 
 man who respected his own character, who would or 
 
262 APPENDIX. 
 
 could think of injuring its credit at this time. That 
 on commerce, he thought that a correct idea of his 
 opinions on that subject might be derived from his 
 writings, and particularly from his conduct while he 
 was minister at Paris, when he thought he had evinced 
 his attention to the commercial interest of his country. 
 That he had not changed opinion, and still did consi 
 der the prosperity of our commerce as essential to 
 the true interest of the nation. That on the navy, he 
 had fully expressed his opinion in his Notes on Virgi 
 nia, that he adhered still to his ideas then given. That 
 he believed our growing commerce would call for pro 
 tection ; that he had been averse to a too rapid in 
 crease of our navy, that he believed a navy must na 
 turally grow out of our commerce, but thought pru 
 dence would advise its increase to progress with the 
 increase of the nation, and that in this way he was 
 friendly to the establishment. General Dayton ap 
 peared pleased with the conversation, and (I think) 
 said, that if this conversation had taken place earlier, 
 much trouble might have been saved, or words to that 
 effect. 
 
 At the funeral of Mr. Jones (of Georgia) I walked 
 with Mr. Bayard (of Delaware.) The approaching 
 election became the subject of conversation. I recol 
 lect no part of that conversation, except his saying 
 that he thought that a half hour s conversation be 
 tween us might settle the business. That idea was 
 not again repeated. On the day after I had held the 
 conversation with General Dayton, I was asked by 
 Mr. Bayard to go into the committee room. He then 
 stated that he had it in his power (and was so dispo 
 sed) to terminate the election, but he wished informa- 
 
APPENDIX. 263 
 
 tion as to Mr. Jefferson s opinions on certain subjects, 
 and mentioned, I think, the same three points already 
 alluded to, as asked by Colonel Parker and General 
 Dayton, and received from me the same answer in 
 substance (if not in words) that I have given to Gene 
 ral Dayton. He added a fourth, to wit : What would 
 be Mr. Jefferson s conduct as to the public officers ? 
 he said he did not mean confidential officers, but, by 
 elucidating his question, he added, such as Mr. Lati- 
 mer of Philadelphia, and Mr. M Lane of Delaware. I 
 answered, that I never had heard Mr. Jefferson say 
 any thing on that subject. He requested that I would 
 inquire, and inform him the next day. / did so. And 
 the next day, (Saturday) told him that Mr. Jefferson 
 had said, that he did not think that such officers ought to 
 be dismissed on political grounds only, except in cases 
 where they had made improper use of their offices to 
 force the officers under them to vote contrary to their 
 judgment. That as to Mr. M Lane, he had already 
 been spoken to in his behalf by Major Eccleston, 
 and from the character given him by that gentle 
 man, he considered him a meritorious officer, of 
 course, that he would not be displaced, or ought 
 not to be displaced. I further added, that Mr. 
 Bayard might rest assured, (or words to that effect}) 
 that Mr. Jefferson would conduct, as to those points, 
 agreeably to the opinions I had stated as his. Mr, 
 Bayard then said, we will give the vote on Monday ; 
 and we separated. Early in the election my col 
 league, Mr. Baer, told me that we should have a pre 
 sident, that they would not get up without electing 
 one or the other of the gentlemen. Mr. Baer had 
 voted against Mr. Jefferson until the final vote, when, 
 
364 APPENDIX. 
 
 I believe he withdrew, or voted blank, but do not per 
 fectly recollect. 
 
 5th. I became acquainted with Colonel Burr some 
 time in the revolutionary war. 
 
 6th. I know of no agreement or bargain in the 
 years 1800 and 1801 with any person or persons what 
 soever respecting the office of president in behalf of 
 Aaron Burr, nor have I any reason to believe that any 
 such existed. 
 
 7th. I received a letter from Colonel Burr, dated, I 
 believe, 16th December, 1800, in reply to one which I 
 had just before written him. The letter of Colonel 
 Burr is as follows : 
 
 " It is highly improbable that I shall have an equal 
 number of votes with Mr. Jefferson : but if such 
 should be the result, every man who knows me ought 
 to know, that I would utterly disclaim all competition. 
 Be assured that the federal party can entertain no 
 wish for such an exchange. As to my friends, they 
 would dishonour my views, and insult my feelings, by 
 a suspicion that I would submit to be instrumental in 
 counteracting the wishes and expectations of the peo 
 ple of the United States. And I now constitute you 
 my proxy to declare these sentiments if the occasion 
 shall require." 
 
 I have not now that letter by me, nor any other 
 letter from him to refer to ; the preceding is taken 
 from a printed copy, which corresponds with my re 
 collection, and which I believe to be correct. My 
 correspondence with him continued till the close of 
 the election. In none of his letters to me, or to any 
 
APPENDIX. 265 
 
 other person that I saw, was there any thing that con 
 tradicted the sentiments contained in that letter. 
 
 (Signed) S. SMITH. 
 
 City of Washington, in the District of Columbia. 
 
 The deposition of the Honourable Samuel Smith, 
 written upon five pages, was duly taken and sworn to 
 before us, two of the commissioners named in the an 
 nexed commission, at the Capitol in the said city of 
 Washington, on the fifteenth day of April, in the year 
 of our Lord one thousand eight hundred and six, and 
 of the independence of the United States the thir 
 tieth. 
 
 (Signed) GEORGE LOGAN. 
 
 DAVID STONE. 
 
 A few facts having reference to the course of Mr. 
 Bayard, during the election of 1801, and indicative of 
 his views and principles, are probably unknown to the 
 public, and we think may be appropriately given in 
 connexion with the preceding documents. On the 
 17th of February, the day on which the election was 
 terminated in favour of Mr. Jefferson, mainly through 
 the exertions and influence of Mr. Bayard, he was 
 nominated by Mr. Adams to the senate as minister to 
 the French Republic. That nomination was confirm 
 ed on the 19th of February, and on the same day Mr. 
 Bayard addressed the following letter to the president, 
 resigning the appointment. 
 
266 APPENDIX. 
 
 Washington, February 9th, 1801. 
 
 g IR I beg you to accept my thanks for the honour 
 conferred on me, by the nomination as minister to the 
 French Republic. Under most circumstances I should 
 have been extremely gratified with such an opportu 
 nity of rendering myself serviceable to the country. 
 But the delicate situation in which the late presiden 
 tial election has placed me, forbids my exposing my 
 self to the suspicion of having adopted, from impure 
 motives, the line of conduct which I pursued. Repre 
 senting the smallest state in the Union, without re 
 sources which could furnish the means of self protec 
 tion, 1 was compelled, by the obligation of a sacred 
 duty, so to act as not to hazard the constitution upon 
 which the political existence of the state depends. 
 
 The service which I should have to render, by ac- 
 ccepting the appointment, would be under the adminis 
 tration of Mr. Jefferson, and having been in the num 
 ber of those who withdrew themselves from the oppo 
 sition to his election, it is impossible for me to take an 
 office, the tenor of which would be at his pleasure. 
 
 You will therefore pardon me,, sir, for begging you 
 to accept my resignation of the appointment. 
 I have the honour to be, 
 
 With perfect consideration, 
 
 Your very obedient servant, 
 
 JAMES A. BAYARD. 
 
 The President of the United States. 
 
 The following " extract" is from a letter written 
 three days afterwards, to a near relation, one of the 
 
APPENDIX. 267 
 
 earliest and most intimate friends of Mr. Bayard. 
 Those who knew him personally, will recognise his 
 character in its sentiments. It contains the principles 
 which governed his political course and ambition then, 
 and through the rest of his life. The same which in 
 duced him to accept the mission to Ghent, and, when 
 peace was concluded, to refuse that to St Peters 
 burg. 
 
 EXTRACT. 
 
 WASHINGTON, February, 22, 1801. 
 
 M You are right in your conjecture as to the office 
 offered me. I have since been nominated Minister to 
 France, concurred in nem. con., commissioned, and 
 resigned. Under proper circumstances, the accept 
 ance would have been complete gratification ; but un 
 der the existing, I thought the resignation most ho 
 nourable. To have taken $18,000 out of the public 
 treasury, with a knowledge that no service could be 
 rendered by me, as the French government would 
 have waited for a man who respresented the existing 
 feelings and views of this government, would have 
 been disgraceful. Another consideration of great 
 weight arose from the part I took in the presidential 
 election. As I had given the turn to the election, it 
 was impossible for me to accept an office, which would 
 be held on the tenure of Mr. Jefferson s pleasure. My 
 ambition shall never be gratified at the expense of a 
 suspicion. 
 
 " I shall never lose sight of the motto of the great 
 original of our ;iame." 
 
 (Signed) J. A. B. 
 
 23 
 
2(58 APPENDIX. 
 
 In conclusion, we have only further to remark, that 
 our publication has been one of defence ; nor have we 
 wandered from the charges relating to the character 
 of our father, for the purpose of commenting upon the 
 opinions of Mr. Jefferson, or investigating the nume 
 rous charges contained in his " Memoirs" against the 
 federal party, or the individuals who acted among its 
 leading members, or the states in which it maintained 
 a majority during his administration. These, together 
 with the general views of Mr. Jefferson on religion and 
 government, and his character as a philosopher, states 
 man, or man, will be more impartially considered at a 
 later day ; more fairly weighed, and truly estimated, 
 when those whose feelings are in any way connected 
 with the contest in which he was so prominent are not 
 to be the arbiters. 
 
 His most devoted friends cannot but regret, that 
 the enlightened judgment arid benevolent feelings^ 
 which in his letter to Mr. Adams, of June 23, 1813, 
 dictated the sentiment, that he should " see with re 
 luctance, the passions of that day rekindled in this, 
 while so many of the actors are living, and all are too 
 near the scene not to participate in sympathies with 
 them," did not look beyond the duration of his own 
 life, and restrain the publication of much that is con 
 tained in the " Memoirs," which, whether with re 
 ference to his own fame, or with a proper regard for 
 the opinions, sentiments, and characters of others, 
 sound discretion alone would certainly have pre 
 vented. 
 
APPENDIX. 269 
 
 SINCE our purchase of the territory of Louisiana, in 
 1803, we have known but little of the history of that 
 country, except by parcels ; but we are at length fur 
 nished with two volumes of the history of this inte 
 resting country, by a native, exalted by his rank, but 
 more so by his intelligence and his virtues, Francais 
 Xavier Martin, a judge of distinction and respectabili 
 ty, who has been engaged for twenty years upon the 
 task he has now accomplished. In the thirteenth 
 chapter of his second volume he has made some 
 remarks upon the subject of Colonel Burr s appearance 
 in the river. 
 
 In the meanwhile, the president of the United 
 States had received information, that designs were in 
 agitation in the western states, unlawful and unfriendly 
 to the peace of the* union ; and that the prime^ mover 
 of them was Burr, the late vice president of the Uni 
 ted States. The grounds of that information being 
 inconclusive, the object uncertain, and the fidelity of the 
 western states known to be firm, no immediate step 
 was taken. A rumor was gaining ground, that a nu 
 merous and powerful association, extending from New- 
 York, through the western states, to the gulf of Mexico, 
 had been formed that eight or ten thousand men were 
 to rendezvous in New-Orleans, at no distant period, 
 and from thence, with the co-operation of a naval force, 
 follow Burr to Vera Cruz that agents from Mexico 
 
270 APPENDIX. 
 
 had come to Philadelphia, during the summer, and had 
 given assurances that the landing of the expedition 
 would be followed by such an immediate and general 
 insurrection, as would insure the subversion of the 
 existing government, and silence all opposition within 
 a very few weeks ; that a part of the association 
 would descend the Alleghany river, and the first ge 
 neral rendezvous would be at the rapids of the Ohio 
 towards the twentieth of October, and from thence the 
 aggregate force was to proceed in light boats, with 
 the utmost velocity, to New-Orleans, under an expec 
 tation of being joined on the route by men raised in 
 the state of Tennessee and other quarters. 
 
 It was said that the maritime co-operation relied on,, 
 was from a British squadron in the West Indies ; that 
 active and influential characters had been engaged in 
 making preparations for six or eight months past, which 
 were in such a state of readiness, that it was expected 
 the van would reach New-Orleans in December, when 
 it was expected the necessary organization and equip 
 ment would be completed with such promptitude, that 
 the expedition would leave the Mississippi towards 
 the first of February ; it was also added that the re 
 volt of the slaves along the river was depended upon 
 as an auxiliary measure, and that the seizure of the 
 money in the vaults of the banks in New-Orleans, was 
 relied on to supply the funds necessary to carry on the 
 enterprise. 
 
 Giving full credit to these reports, Wilkinson deter 
 mined on making the best arrangement he could with 
 the Spaniards, in order that he might descend to New- 
 Orleans, with the greatest part of his force. Accord-* 
 ingly, on the twenty-ninth of October, being on his 
 
APPENDIX. 271 
 
 march to the Sabine, he sent Burling, one of his aids- 
 de-camp, to Cordero, with a written message, propo 
 sing that, without yielding a pretension, ceding a right, 
 or interfering with discussions which belonged to their 
 superiors, the state of things, at the delivery and pos 
 session of the province to the United States, should be 
 restored by the withdrawal of the troops of both go 
 vernments, from the advanced posts they occupied, to 
 those of Nacogdoches and Natchitoches, respectively. 
 He proposed that Cordero s accession to this proposal 
 should be conclusive, and promised to begin his retro 
 grade march on the day the Spanish camp, on the right 
 bank of the Sabine, should be broken up, under a sti 
 pulation that the troops of the United States should 
 not cross Arrojo Hondo, as long as those of Spain 
 should not the Sabine, or until further orders were gi 
 ven by their respective governments. 
 
 Cordero assured Burling that Wilkinson s proposi 
 tion entirely met his views ; but he added, his hands 
 were tied by the captain general s orders, whom he 
 was bound to consult, Burling had been furnished 
 with a copy of the message to Cordero, which he had 
 on his way left with Herrera, who, on his return, in 
 formed him, that the officer next in command would, 
 on the next day, visit Wilkinson, and every thing should 
 be arranged. It appears that Herrera was less punc 
 tilious than Cordero ; for on the following day, the of 
 ficer brought to Wilkinson Herrera s assent to his pro 
 position. 
 
 On the fifth of November, Wilkinson, having receiv 
 ed information that the Spanish camp, on the Sabine, 
 would be broken up on that day, began his march to 
 wards Natchitoches. Immediately on his arrival there, 
 23* 
 
272 APPENDIX. 
 
 he directed Porter to proceed to New-Orleans, with 
 the utmost expedition, and to repair, mount and equip 
 for service every piece of ordnance in the city, to em 
 ploy all hands in preparing shells, grape, canister and 
 musket cartridges with buck-shot, to have every field 
 piece ready, with hose, harness and drag ropes, and to 
 mount six or eight battering cannons on fort St. Charles 
 and fort St. Louis, below and o above the city,and along 
 its front, flanks and rear. 
 
 In the meanwhile, the president of the United States 
 began to perceive the object of the conspiracy ; but 
 his information was so blended and involved in myste 
 ry, that nothing certain could be sought out for pur 
 suit. In this state of uncertainty he thought it best to 
 order to the field of action, a person in whose integrity 
 reliance and confidence could be placed, with instruc 
 tion to investigate the plot going on, to enter into 
 conferences (for which he was furnished with sufficient 
 credentials) with the civil and military officers of the 
 western states, and with their aid to call on the spot 
 whatever should become necessary to discover the de 
 signs of the conspirators, arrest their means, bring 
 their persons to punishment, and call out the force of 
 the country, to suppress any enterprise in which they 
 were found to be engaged. His choice fell on Gra 
 ham, the secretary of the territory of Orleans. 
 
 It being known, at this time, that many boats were 
 in preparation, stores and provisions collected, and an 
 unusual number of suspicious characters in motion on 
 the Ohio, and its tributary streams, orders were given 
 to the governors of the Mississippi and Orleans terri 
 tories, and to the commander of the land and naval for 
 ces there, to be ou their guard against surprise, and 
 
APPENDIX. 273 
 
 in constant readiness to resist any enterprise that 
 might be attempted; and on the eighth of November, 
 instructions had been sent to Wilkinson to hasten an 
 accommodation with the Spanish commander on the 
 Sabine, and fall back with his principal force on the 
 hither bank of the Mississippi ; a measure, which we 
 have seen, he had already anticipated. 
 
 The report was, that Burr had in contemplation 
 three distinct objects, which might be carried on jointly 
 or separately, and either first, as circumstances might 
 require. One of these was the separation from the 
 union of the portion of country west of the Alleghany 
 mountains another an attack on Mexico the last 
 was provided as merely ostensible : it was the settle 
 ment of a vast tract of land, heretofore granted to the 
 Baron de Bastrop, on the banks of the Washita river. 
 This, was to serve as the pretext of all the preparations 
 of Burr, an allurement for such as really wished for a 
 settlement on that stream, and a cover under which to 
 retreat on the event of a final discomfiture. 
 
 Such was the state of information at Washington 
 city, in the latter part of November, when specific 
 measures were openly adopted by government. On 
 the twenty-seventh, the president of the United States 
 issued a proclamation, announcing the existence of a 
 conspiracy, and warning such citizens as might have 
 been led, without due knowledge or consideration, to 
 participate therein, to withdraw and desist therefrom* 
 and calling on all officers, civil and military, to be vi 
 gilant and active in suppressing it. 
 
 Orders were sent to every important point on the 
 Ohio and Mississippi, from Pittsburgh to the Balize, 
 for the employment of such part of the civil authority, 
 
274 APPENDIX. 
 
 as might enable them to seize all boats and stores, 
 provided for the enterprise, and arrest all persons con 
 cerned. A short time before these orders were re 
 ceived in the state of Ohio, Graham, the president s 
 confidential agent, had been diligently employed in 
 tracing the conspiracy, and had acquired sufficient in 
 formation to apply for the immediate exertion of the 
 authority of that state to crush the combination. Go 
 vernor Tiffin and the legislature, with zeal and energy, 
 effected the seizure of all the boats, provisions and 
 other things provided, within their reach. 
 
 Thus was the first blow given, materially disabling 
 the enterprise in the onset. 
 
 In Kentucky, a premature attempt to bring Burr to 
 justice, without sufficient evidence to convict him, had 
 procured a momentary impression in his favour ; which 
 gave him the opportunity of hastening his equipments. 
 The arrival of the president s proclamation and orders, 
 and the application of Graham, at last awakened the 
 authorities of the state to the truth, and produced the 
 energy and promptitude of which the neighbouring 
 state had given the example. Under an order of the 
 legislature, the militia was instantly ordered to differ 
 ent important points, arid measures were taken for ef 
 fecting whatever could be done ; but a small number 
 of men, in a few boats, had, in the meanwhile, passed 
 the falls of the Ohio, to rendezvous at the mouth of 
 Cumberland river, with others coming down that 
 stream. 
 
 Porter had left Natchitoches for New-Orleans, with 
 all the artificers arid a company of one hundred men, 
 and had been followed by Gushing with the rest of the 
 forces, leaving only one company behind. Wilkinson, 
 
APPENDIX. 275 
 
 on his way to New-Orleans, stopped at Natchez, and 
 made application to the executive of the Mississippi 
 territory, for a detachment of five hundred men of its 
 militia, to proceed to New-Orleans, but declining to 
 communicate his motives in making this requisition, 
 was refused. From this place, on the fifteenth of No 
 vember, he despatched Burling, one of his aids, to 
 Mexico, for the ostensible purpose of apprising the 
 Viceroy of the danger with which his sovereign s do 
 minions were menaced ; but, as the general mentions 
 in his memoirs, " on grounds of public duty and pro 
 fessional enterprise to attempt to penetrate the veil 
 which concealed the topographical route to the city of 
 Mexico, and the military defences which intervened, 
 feeling that the equivocal relation of the two countries 
 justified the ruse" 
 
 Wilkinson reached New-Orleans towards the end 
 of November, and in his first communication to the 
 president of the United States, after his arrival, men 
 tioned, that among his countrymen, he had discovered 
 characters, who had hitherto been distinguished for 
 integrity and patriotism, men of talents, honoured by 
 the confidence of government and distinguished by 
 marks of its regard, who, if not connected with the 
 flagitious plan by active co-operation, approved it, 
 and withheld timely and important information. 
 
 Accounts of the requisition made for a detachment 
 of the neighbouring territory, and of the refusal of its 
 executive, were soon received in New-Orleans, and 
 excited much surprise. The inhabitants wondered 
 that, after the amicable adjustment of all difficulties 
 with the Spaniards, the territory of Orleans, with a 
 reasonable force of regular troops and an efficient mi^ 
 
276 APPENDIX. 
 
 litia, well armed and disciplined, should require any 
 aid from the Mississippi territory. As yet, Burr s 
 plans were but partially spoken of, and disbelieved ; 
 the people had heard of an apprehended insurrection 
 in some of the western states ; but the merchants, 
 who had frequent accounts from above, understood 
 that things were perfectly tranquil there. Surprise 
 was further excited at the appearance of an uncom 
 mon number of men, at work on, the old fortifica 
 tions, and on the hearing of a contract for a sufficient 
 number of pickets to enclose the whole city. This 
 and other contracts, entered into since the arrival of 
 Wilkinson, instead of being offered, as was usual, to 
 any who would engage in them on the lowest terms, 
 were entered into secretly, and as if intended to be 
 kept from the public eye. 
 
 On the seventh of December, Wilkinson despatched 
 lieutenant Swann of the army, to Jamaica, with a let 
 ter to the officer commanding the naval force on that 
 station, informing him of Burr s plans, and that a re 
 port was afloat, that the aid of a British naval arma 
 ment had been either promised or applied for, and 
 warning him and all British military and naval officers, 
 that their interference or any co-operation on their 
 part, would be considered as highly injurious to the 
 United States, and affecting the present amicable re 
 lations between the two nations. The communication 
 concluded with the expression of a hope, that the Bri 
 tish government would refrain from any interference 
 or co-operation, and prevent any individual from af 
 fording aid ; and the assurance that the writer would, 
 with all the force under his command, resist any ef 
 fort of a foreign power to favour Burr s projects. 
 
APPENDIX. 277 
 
 On the ninth of December, a meeting of the mer 
 chants and some of the principal inhabitants was call 
 ed at the government house, where Claiborne and 
 Wilkinson attended to apprize them of the danger to 
 which the country was exposed. The first said that 
 the object of the preparations of the latter was to de 
 fend New-Orleans against a numerous and powerful 
 party, headed by one of the first characters in the 
 union. Wilkinson spoke jof .tfre co-operation of the 
 British navy with Burr, and the ultimate destination of 
 the expedition for MexicV after they had plundered 
 the banks, seized on the shi^ing^and helped themselves 
 with every thing, which anarTEfy of .seven thousand 
 men might want. 
 
 It was then proposed to the meeting, that the ship 
 ping in the river should be detained and the crews dis 
 charged, that they might be employed on board of the 
 vessels of the United States. This was immediately 
 agreed to, and a subscription was opened for extra 
 bounty and clothing for such sailors as would enter 
 the public service, and within a short space of time, a 
 considerable sum was raised. 
 
 In a letter to the president of the United States, 
 Wilkinson stated he had offered to Hall, the district 
 judge of the United States, and Matthews, one of the 
 territorial judges, on the twelfth and thirteenth, all the 
 testimony he possessed against Burr and Bollman, to 
 the end that the former might be proclaimed for ap 
 prehension throughout the United States, and the lat 
 ter committed to close confinement to secure his tes 
 timony, and prevent his correspondence and machina 
 tions in aid of Burr s plans. The first proposition 
 was rejected, as " it would be too late, as Burr might 
 
278 APPENDIX. 
 
 be on his way ;" the second was rejected, as Bollman s 
 offence was bailable, and a writ of habeas corpus 
 would set him at large ; that after some reflections, 
 judge Hall said, " I believe it will be best for the ge 
 neral to exercise his discretion." Matthev, s did not say 
 any thing, and as they left Wilkinson, he told them he 
 hoped they would not hang him for what he would do, 
 and they both answered in the negative. 
 
 On Sunday, the fourteenth, Dr. Erick Bollman was 
 arrested by order of Wilkinson, and hurried to a se 
 cret place of confinement, and on the evening of the 
 following day application was made on his behalf, for 
 a writ of habeas corpus, to Sprigg, one of the territo 
 rial judges, who declined acting till he could consult 
 Matthews, who could not then be found. On the six 
 teenth, the writ was obtained from the superior court ; 
 but Bollman was in the meanwhile put on board of a 
 vessel and sent down the river. On the same day, 
 application was made to Workman, the judge of the 
 county of Orleans, for a writ of habeas corpus, in fa 
 vour of Ogden and Swartwout, who had been arrested 
 a few days before, by order [of Wilkinson, at Fort 
 Adams, and were on board of a bomb ketch of the 
 United States, lying before the city. Workman im 
 mediately granted the writ, and called on Claiborne to 
 inquire whether he had assented to Wilkinson s pro 
 ceedings: Claiborne replied he had consen ! to the 
 arrest of Bollman, and his mind was not m~de up as 
 to the propriety of that of Ogden and Swartwout. 
 Workman then expatiated on the illegality and evil ten 
 dency of such measures, beseeching Claiborne not to 
 permit them, but to use his own authority, as the con 
 stitutional guardian of his fellow citizens, to protect 
 
APPENDIX. 279 
 
 them ; but he was answered that the executive had 
 no authority to liberate those persons, and it was for 
 the judiciary to do it, if they thought fit. Workman 
 added, that he had heard that Wilkinson intended to 
 ship off his prisoners ; and if this was permitted, writs 
 of habeas corpus would prove nugatory. 
 
 From the alarm and terror prevalent in the city, 
 the deputy sheriff could procure no boat to take him 
 on board of the ketch, on the day the writ issued. 
 This circumstance was made known, early on the 
 next morning, to Workman, who thereupon directed 
 the deputy sheriff to procure a boat by the offer of a 
 considerable sum of money, far the payment of which 
 he undertook the county would be responsible. The 
 writ was served soon afterwards, and returned at five 
 in the evening by Commodore Shaw and the command 
 ing officer of the ketch, Lieutenant Jones ; Swartwout 
 had been taken from the ketch before the service of 
 the writ. Ogden was produced and discharged, as 
 his detention was justified on the order of Wilkinson 
 only. 
 
 On the eighteenth of December, Wilkinson return 
 ed the writ of habeas corpus into the superior court, 
 stating that, as commander in chief of the army of the 
 United States, he took upon himself all reponsibility 
 for the arrest of Erick Bollman, charged with mispri- 
 sion of treason against the government of the Unked 
 States, and he had adopted measures for his safe deli 
 very to the government of the United States : that it 
 v as after several conversations with the governor and 
 one of the judges of the territory, that he had hazard 
 ed this step for the national safety, menaced to its ba 
 sis by a lawless band of traitors, associated under 
 -TV 24 
 
280 APPENDIX. 
 
 Aaron Burr, whose accomplices were extended from 
 New- York to New-Orleans; that no man held in 
 higher reverence the civil authorities of his country ; 
 and it was to maintain and perpetuate the holy attri 
 butes of the constitution against the uplifted arm of 
 violence, that he had interposed the force of arms in 
 a moment of the utmost peril, to seize upon Bollman, 
 as he should upon all others, without regard to stand 
 ing or station, against whom any proof might arise 
 of a participation in the lawless combination. 
 
 This return was afterwards amended, by an aver 
 ment, that at the time of the writ, Bollman was not in 
 the possession or power of the person to whom it was 
 addressed. 
 
 On the following day Ogden was arrested the se 
 cond time, by the commanding officer of a troop of 
 cavalry of the militia of the territory, in the service of 
 the United States, by whom Alexander was also ta 
 ken into custody. On the application of Livingston, 
 Workman issued writs of habeas corpus for both pri 
 soners. 
 
 Instead of a return, Wilkinson sent a written message 
 to Workman, begging him to accept his return to the 
 superior court, as applicable to the two traitors who 
 were the subjects of his writs. On this Livingston 
 procured irom the court a rule that Wilkinson make 
 a further and more explicit return to the writs, or 
 show cause why an attachment should not issue 
 against him. 
 
 Workman now called again on Claiborne, and re 
 peated his observations, and recommended that Wil 
 kinson sould be opposed by force of arms. He stated 
 that the violent measures of that officer had produced 
 
APPENDIX. 281 
 
 great discontent, alarm and agitation in the public 
 mind ; and, unless such proceeding were effectually 
 opposed, all confidence in government would be at an 
 end. He urged Claiborne to revoke the order by which 
 he had placed the Orleans volunteers under Wilkin 
 son s command, and to call out and arm the rest of the 
 militia force as soon as possible. He stated it as his 
 opinion, that the army would not oppose the civil 
 power when constitutionally brought forth ; or that 
 if they did, the governor might soon have men enough 
 to render the opposition ineffectual. He added, that 
 from the laudable conduct of Commodore Shaw and 
 Lieutenant Jones, respecting Ogden, he not only did 
 not apprehend any resistance to the civil authority 
 from the navy, but thought they might be relied on. 
 Similar representations were made to Claiborne by 
 Hall and Mathews ; but they were unavailing. 
 
 On the twenty-sixth Wilkinson made a second re 
 turn to the writ of habeas corpus, stating that the body 
 of neither of the prisoners was in his possession or 
 control. On this Livingston moved for process of 
 attachment. 
 
 Workman now made an official communication to 
 Claiborne. He began by observing, that the late ex 
 traordinary events, which had taken place within the 
 territory, had led to a circumstance which authorized 
 the renewal, in a formal manner, of the request he had 
 so frequently urged in conversation, that the execu 
 tive would make use of the constitutional force placed 
 under his command, to maintain the laws, and pro 
 tect his fellow citizens against the unexampled tyran- 
 .ny exercised over them. 
 
232 APPENDIX. 
 
 He added, it was notorious that the commander 
 in chief of the military forces had, by his own autho 
 rity, arrested several citizens for civil offences, and 
 had avowed on record, that he had adopted measures 
 to send them out of the territory, openly declaring his 
 determination to usurp the functions of the judiciary, 
 by making himself the only judge of the guilt of the 
 persons he suspected, and asserting in the same man 
 ner, and as yet without contradiction, that his mea 
 sures were taken, after several consultations with the 
 governor. 
 
 He proceeded to state, that writs of habeas corpus 
 had been issued from the court of the county of New- 
 Orleans: on one of them, Ogden had been brought up 
 and discharged, but he had been, however, again 
 arrested, by order of the general, together with an 
 officer of the court, who had aided professionally in 
 procuring his release. The general had, in his re 
 turn to a subsequent writ, issued on his behalf, 
 referred the court to a return made by him to a for 
 mer writ of the superior court, and in the further re 
 turn which he had been ordered to make, he had de 
 clared that neither of the prisoners was in his power, 
 possession, or custody ; but he had not averred what 
 was requisite, in order to exempt him from the penal 
 ty of a contempt of court, that these persons were not 
 in his power, possession, or custody, at the time when 
 the writs were served, and, in consequence of the 
 deficiency, the court had been moved for an attach 
 ment. 
 
 The judge remarked, that although a common 
 case would not require the step he was taking, yet, 
 he deemed it his duty, before any decisive measure 
 
APPENDIX. 283 
 
 pursued against a man, who had all the regular 
 force, and in pursuance of the governor s public or 
 ders, a great part of that of the territory, at his dispo 
 sal, to ask whether the executive had the ability to 
 enforce the decrees of the court of the county, and if 
 he had, whether he would deem it expedient to do it 
 in the present instance, or whether the allegation by 
 which he supported these violent measures was well 
 founded ? 
 
 Not only the conduct and power of Wilkinson, 
 said the judge, but various other circumstances, pecu 
 liar to our present situation, the alarm excited in the 
 public mind, the description and character of a large 
 part of the population of the country, might render it 
 dangerous, in the highest degree, to adopt the mea 
 sure usual in ordinary cases, of calling to the aid of 
 the sheriff the posse comitatus, unless it were done 
 with the assurance of being supported by the governor 
 in an efficient manner. 
 
 The letter concluded by requesting a precise and 
 speedy answer to the preceding inquiries, and an 
 assurance that, if certain of the governor s support, 
 the judge should forthwith punish, as the law di 
 rects, the contempt offered to this court ; on the 
 other hand, should the governor not think it practi 
 cable or proper to afford his aid, the court and its 
 officers would no longer remain exposed to the con 
 tempt or insults of a man whom they are unable 
 to punish or resist. 
 
 The legislature met on the twelfth of January. 
 
 Two days after General Adair arrived in the city, 
 
 from Tennessee, and reported he had left Burr at 
 
 Nashville, on the twenty-second of December, with 
 
 24* 
 
APPENDIX. 
 
 two flat boats, destined for NewvOrleans. In the 
 afternoon of the day of Adair s arrival, the hotel at 
 which he had stopped was invested by one hundred 
 and twenty men, under Lieutenant Colonel Kings- 
 bury, accompanied by one of Wilkinson s aids. 
 Adair was dragged from the dining table, and conduct 
 ed to head quarters, where he was put in confine 
 ment. They beat to arms through the streets, the 
 battalion of the volunteers of Orleans, and a part 
 of the regular troops, paraded through the city, 
 and Workman, Kerr, and Bradford, were arrested 
 and confined. Wilkinson ordered the latter to be 
 released, and the two former were liberated on the 
 following day, on a writ of habeas corpus, issued 
 by the district judge of the United States. Adair 
 was secreted until an opportunity offered to ship him 
 away. 
 
 Accounts arrived- a few days after, that Burr was 
 at Bayou Pierre, a little above the city of Natchez, 
 with fourteen boats. He had been joined, at the mouth 
 of Cumberland river, by a dozen boats, that had de 
 scended the Ohio ; there were from eighty to one 
 hundred men with him, and he had about forty stand 
 of arms. 
 
 Claiborne made an ineffectual attempt to induce the 
 legislature to pass an act for the suspension of the 
 writ of habeas corpus. The draft of a memorial to 
 be presented to congress, by the territorial legislature, 
 was introduced in its lower house? the object of it 
 was to place the conduct of Wilkinson in its true 
 light before the national council. After an animatod 
 debate, which lasted during several days, the memo- 
 
APPENDIX. 285 
 
 rial was rejected by a majority of seven out of twen 
 ty-one members. 
 
 On the twenty-eighth, advices were received from 
 Natchez, that on the fifteenth, Ciaiborne, colonel of the 
 militia of the Mississippi territory, had marched at the 
 head of a large detachment towards the part of the river 
 at which Burr had stopped ; that Burr had written to 
 the secretary of the territory, who exercised the func 
 tions of governor, that he was ready to surrender him 
 self to the civil authority ; that the secretary had met 
 him, and they had rode together to Natchez, where 
 Burr gave bond for his appearance before the territo 
 rial court, at its next term. He, however, left the ter 
 ritory, and the governor issued a proclamation, offer 
 ing a reward of two thousand dollars for his appre 
 hension. 
 
 In the latter part of that month, Burling, who had 
 been sent by Wilkinson to Mexico, returned. The 
 viceroy had not been the dupe of Wilkinson s ruse, 
 and gave a very cold reception to his messenger, who 
 was strictly watched, and permitted to stay but a 
 short time in the country. 
 
 Lieutenant Swann, who had been sent to Jamaica, 
 came back about the same time. Admiral Drake 
 observed to Wilkinson, that from the style and man- 
 mer in which the communication he had received was 
 written, he was at a loss how to answer it ; but he 
 begged him to be assured, that British ships of war 
 would never be employed in any improper service, 
 and that he should ever be ready most cheerfully to 
 obey the orders of his sovereign. Sir Eyre Coote 
 trusted, and sincerely believed, that the representa 
 tion made to Wilkinson was totally groundless, as his 
 
286 APPENDIX. 
 
 letter contained the only intelligence received on the 
 subject. 
 
 Workman resigned his office, finding that Claiborne 
 paid no attention to his communications. 
 
 Towards the middle of March, Burr was arrested, 
 near fort Stoddart, and placed under a strong guard, 
 .by whom he was conveyed to Richmond, in Virginia, 
 where he was admitted to bail. 
 
 Lieutenant Wilkinson, who had accompanied Pike 
 up the Missouri, now reached New-Orleans. In his 
 report, dated the sixth of April, he stated that the 
 Osage Indians had been left in their village, about 
 the fifteenth of August ; after which, Pike s party tra 
 ced the Osage river to its source, and reached the 
 towns of the Pawaees on the twenty-fifth of Septem 
 ber. These Indians had lately been visited by a body 
 of armed Spaniards, from Santa Fe. The flag of 
 Spain was waving over their council room. Pike in 
 duced them to substitute that of the United States to 
 it. Proceeding thence, westward, the party came to 
 the Arkansas river, on the fifteenth of October. After 
 a short halt, the lieutenant was detached, with five 
 men, down the stream, to explore the country, and 
 float down to the Mississippi. Pike and the rest of 
 the party sat out for the source of Red river. 
 
 The legislature adjourned towards the end of April, 
 after having passed several very important acts. The 
 county courts were abolished ; a court was establish 
 ed in each parish, the judge of which was ex officio 
 judge of probates, and acted as clerk, sheriff, and no 
 tary. It having been foun d, that annual sessions of 
 the superior court, out of New-Orleans, were incon 
 venient, semi-annual ones were directed to be holden 
 
APPENDIX. 287 
 
 at Lafource, Pointe Coupee, Alexandria, Opelousas 
 and Attakapas. The number of members of the house 
 of representatives was fixed at twenty-five ; six of 
 these were to represent the county of Orleans ; the 
 counties of German Coast, Acadie, Lafourche, Iber- 
 ville, Pointe Coupee, Rapides, Opelousas and Atta 
 kapas, were to send two members each ; and one was 
 to come from each of those of Concordia, Washita, 
 and Nachitoches. The territory was divided into 
 nineteen parishes. 
 
 Wilkinson sailed to Virginia towards the middle 
 of May, for the purpose of attending Burr s trial, in 
 Richmond. 
 
 On the first of July Pike reached Nachitoches. 
 We have seen that he had sent a small detachment 
 from his party down the Arkansas river, in October. 
 From thence he had travelled westwardly, and ram 
 bled through the rocky mountains, till the beginning 
 of the new year, when he reached a branch of the 
 Rio del Norte, which he mistook for one of those of 
 Red river. He was overtaken by two Spanish of 
 ficers and one hundred men, sent by Don Joachim 
 Allencaster, who commanded at Santa Fe. The of 
 ficers at the head of the Spanish party were sent to 
 escort Pike and his party to that city, from whence 
 he was informed, they would be conducted, by the 
 most direct route, to the navigable waters of Red 
 river, which they would descend to Nachitoches. 
 Although dubious of the sincerity of this invitation, 
 and believing he was in a situation to defend himself 
 as long as his provisions lasted, or till an opportunity 
 offered for escaping by night ; yet, mindful of the pa 
 cific disposition of the government of the United 
 
388 APPENDIX. 
 
 States,, and of his instructions in case he reconnoitred 
 a party of Spanish troops, he determined on comply 
 ing with Don Joachim s request. 
 
 On his arrival at Santa Fe, he was informed that 
 Don Nemesio de Salcedo, the captain general of the 
 interior provinces, had given orders that he should be 
 sent, with his men, to the city of Chihuahua, in the 
 province of Biscay, the residence of the captain gene 
 ral. He, accordingly, left Santa Fe on the second 
 day after his arrival, and reached Chihuahua on the 
 twentieth of April. 
 
 Here he was compelled to open his trunk, in pre 
 sence of Don Nemesio, and an Irishman, in theservice 
 of Spain. All his official papers, his correspondence 
 with Wilkinson, his diary, the notes he had taken on 
 the geology, topography and climate of the country, 
 and the Indian tribes he had visited, were seized and 
 detained. He was supplied with money, guides, and 
 an escort, and set off for Natchitoches, three days 
 after his arrival at Chihuahua. 
 
 In a letter, which Salcedo gave him for Wilkinson, 
 he observed, that the latter could not be ignorant of 
 the repeated representations made by the Spanish 
 minister at Philadelphia, and by the Marquis de Casa 
 Calvo, while he was in Louisiana, warning the go 
 vernment of the United States from extending its ex 
 peditions into territories unequivocally belonging to 
 the Catholic king. He added, that the papers taken 
 from Pike afforded evident and incontestible proof of 
 his being guilty of a direct violation of the territorial 
 rights of the crown of Spain, which would have justi 
 fied his detention, and that of every individual accom 
 panying him, as prisoners ; but a desire to give the 
 
APPENDIX. 289 
 
 utmost latitude to the system of harmony and good 
 understanding subsisting between the two govern 
 ments, and a hope that such measures would be taken 
 by the officers of the United States, as would prevent 
 any ill consequences resulting from the moderation of 
 those of Spain, had induced him to detain, in the ar 
 chives of the captainship general, all the papers Pike 
 had presented, and permit him and his party to re 
 turn home. 
 
 Note to page 139. 
 
 " THE testimony of Wilkinson was regarded, at last, 
 with contempt, or worse. A young man from the 
 state of Tennessee, having been induced, either by 
 menaces or by money, or by ^Qme^of those wily stra 
 tagems which are ever ready at the hands of the wick 
 ed, to make a false affidavit, the purport of which was 
 to prove the guilt of Colonel Burr, in order to justify 
 Wilkinson in his unlawful arrest of him, being sifted 
 in his examination as a witness on the trial before the 
 chief justice, contradicted, point blank, his own affi 
 davit in every material circumstance it contained. 
 Horror-struck at the wickedness displayed, (not so 
 much by him as by the villains who suborned him,) 
 Judge Marshall silenced the unhappy man, and by 
 way of warning to himself and others, said to him, 
 4 Never open your mouth again in a court of justice. 
 What honest man can restrain his indignation at the 
 prosecution, when he reads the sequel ? What heart. 
 
290 
 
 APPENDIX. 
 
 imbued with the common spirit of humanity, but must 
 be shocked! The unfortunate young fellow, over 
 whelmed with shame and remorse, and maddened 
 with despair, put an end to his life with laudanum." 
 
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