Chapter XIV
In the autumn of 1781, as may be seen by the preceding correspondence, Colonel Burr was in Albany, preparing himself for admission to the bar. Judge Yates rendered him essential service on the occasion. His friendship and kindness were appreciated, and gratefully recollected. At that time Chief-justice Richard Morris, Robert Yates, and John Sloss Hobart composed the bench of the Supreme Court of the State of New-York. All these gentlemen were friendly to Burr, and treated him with the utmost courtesy; but for Judge Yates he entertained, during the continuance of his life, the most profound respect and veneration.
By the rules of the court it was required that candidates for admission should have pursued a course of legal studies not less than three years previous to presenting themselves for examination. Colonel Burr applied to the court to dispense with this rule in his case. The application was opposed with great zeal by all the members of the bar; and, as no counsellor would make the necessary motion on the subject, Burr was not only compelled to do it himself, but to argue the question with the ablest of the profession.
After hearing the argument, the court determined that, as he had been employed in the service of his country, when he might, under other circumstances, have been a law-student, they would dispense with the rigour of the rule so far as it applied to the period of study; but that no indulgence would be granted in reference to the necessary qualifications. In pursuance of this decision he underwent a severe and critical examination by some of the most eminent members of the bar, who were anxious for his rejection. The examination, however, resulted in a triumphant admission that the candidate was duly qualified to practise; and he was accordingly licensed as an attorney, on the 19th day of January, 1782. And at "a supreme court of judicature, held for the State of New-York, at the City Hall of the city of Albany, on the 17th day of April, 1782, Aaron Burr having, on examination, been found of competent ability and learning to practise as counsellor," it was ordered that he be accordingly admitted.
Soon after Colonel Burr commenced the practice of law in the city of Albany, he invited his friend and brother soldier, Major W. Popham, to join him, and pursue a course of legal studies. This invitation was given with his accustomed kindness. About the period of Burr's marriage, Major Popham replies.
FROM MAJOR W. POPHAM [1]
Fishkill, August 16th, 1782
Yesterday I was accidentally favoured with your friendly letter of the 3d of May, from Litchfield, which was peculiarly agreeable, as it contained the first official accounts I have had of you since my leaving Albany, and dispelled a train of gloomy reflections which your supposed long silence had suggested.
The approbation you have given of my conduct, in an affair in which you have so generously interested yourself, is very flattering. A detail of the circumstances which rendered it necessary to postpone the prosecution of my intended plan, would be too prolix for the subject of a letter. They would not present one pleasing reflection; and I love you too well to give you pain. Suspend, therefore, your curiosity and your opinion, until the duties of the field permit me to see you, when you shall be satisfied.
I hope the alterations you have made in your plan of life may equal your most sanguine wishes. I am pleased that you have taken a house in Albany, and sincerely congratulate you on an event that promises you so much happiness. May you long enjoy all the blessings which can flow from that happy state, for which Heaven has so remarkably designed you.
But why am I requested to "say nothing about obligations," while you continue to load me with new ones? Or, why should I be denied the common privilege of every liberal mind, that of acknowledging the obligation which I have not the power of cancelling? Yes, my friend, your generous offer claims my warmest thanks; but the very principle which excites my gratitude forbids me to accept it. Dr. L informs me you have written twice to me. One of the letters is lost. Will you speedily supply the deficiency? If you can spare an hour from business, retirement, or love, let me entreat you to devote it to your friend. I cannot tell you how much I long to hear from you. Adieu.
Yours sincerely,
W. POPHAM.
To Mrs. Prevost.
Albany, December 23d, 1781.
My dear Theodosia is now happy by the arrival of Carlos. This was not wishing you a happy Christmas, but actually making it so. Let all our compliments be henceforth practical. The language of the world sounds fulsome to tastes refined by the sweets of affection.
I see mingle in the transports of the evening the frantic little Bartow. [2] Too eager to embrace the bliss he has in prospect; frustrating his own purposes by inconsiderate haste; misplacing every thing, and undoing what he meant to do. It will only confuse you. Nothing better can be done than to tie him, in order to expedite his own business. That you might not be cheerful alone, I have obeyed the orders of your heart (for you cannot, even at this distance, conceal them) by a determination to take a social, friendly supper with Van Rensselaer.
You wrote me too much by Dom. I hope it was not from a fear that I should be dissatisfied with less. It is, I confess, rather singular to find fault with the quantity, when matter and manner are so delightful. You must, however, deal less in sentiments and more in ideas. Indeed, in the letter in answer to my last, you will need to be particularly attentive to this injunction. I think constantly of the approaching change in our affairs, and what it demands. Do not let us, like children, be so taken with the prospect as to lose sight of the means.
Remember to write me facts and ideas, and don't torment me with compliments, or yourself with sentiments to which I am already no stranger. Write but little, and very little at once. I do not know for what reason, Theodosia, but I cannot feel my usual anxiety about your health, though I know you to be ill, and dangerously so. One reason is, that I have more belief in your attention to yourself.
Your idea about the water was most delightful. It kept me awake a whole night, and led to a train of thoughts and sensations which cannot be described. Indeed, the whole of your letter was marked with a degree of confidence and reliance which augurs every thing that is good. The French letter was truly elegant, as also that enclosed in compliance with my request.
If Reeves has received the money upon the order I gave him, he may send me by Carlos about twenty-five guineas, if he can spare so much of it. I am in no present want.
Pardon me for not answering your last. My mind is so engrossed by new views and expectations, that I cannot disengage it. I have not, these five days past, slept more than two hours a night, and yet feel refreshed and well. Your presentiments of my illness on a certain evening were wide from truth: believe me, you have no talent that way. Leave it to others.
I think, if you keep Carlos two nights, it will serve; but keep him longer rather than fatigue yourself. Adieu.
A. BURR.
On the 2d of July, 1782, Colonel Burr was married to Mrs. Theodosia Prevost. In April preceding he had entered into the practice of the law in the city of Albany. His attention to business was unremitted. In consequence, he soon found himself crowded with clients from every quarter of the state. During his residence in Albany, his mind was exclusively engrossed with his profession and his family. In the education of Mrs. Burr's children by her first husband he took a deep interest. Neither labour nor expense was regarded. It was his wish that they should be accomplished, as well as educated men.
The preliminary treaty of peace having been signed, Colonel Burr resolved to remove his family to the city of New-York so soon as the British should evacuate it. Here he anticipated (and in this he was not disappointed) an extensive practice. On the 20th of November, 1781, the legislature of the State of New-York passed an act disqualifying from practice, in the courts of the state, all "attorneys, solicitors, and counsellors at law," who could not produce satisfactory certificates, showing their attachment and devotion to the whig cause during the then pending war with Great Britain. This act was in full force at the peace of 1783, and remained so, without any attempt to modify it, until March, 1785, when a bill was introduced into the legislature to repeal certain sections of it, so far as they operated upon individuals therein named. The bill was lost. But, on the 4th of April, 1786, the restriction thus imposed on the tory lawyers was removed by an act of the legislature.
The law of 1781, previous to its repeal, had operated most favourably for the Whig lawyers. Those of talents and standing, such as Colonel Burr and others, had obtained a run of business which enabled them to compete with the most profound of their tory rivals.
It was supposed that the British troops would evacuate the city of New-York in the spring or early in the summer of 1783; but they remained until the 25th of November of that year. Colonel Burr applied to his friend, Thomas Bartow, to procure him a house for the accommodation of his family, which he accordingly did.
FROM MR. BARTOW.
New-York, April 16th, 1783
DEAR SIR,
I received your agreeable favour a few days ago, and am happy to congratulate you on the establishment of a peace: hope I shall soon have the pleasure of seeing you in town. I have procured you a good house in Maiden-lane, at the rate of two hundred pounds a year. The rent to commence when the troops leave the city. Doctor Brown can inform you more particulars about it, as he went with me to view it. Before I engaged this house, I consulted Mrs. Clark She proposed her house in Broadway, but could not get the tenant out, so that she gave her consent to this.
Very respectfully yours,
THOMAS BARTOW.
FROM MRS. BURR.
Albany, 25th March, 1783.
Some think absence tends to increase affection; the greater part that it wears it away. I believe neither, but that it only tends to prove how far the heart is capable of loving; or rather, whether it is real or imaginary. When the latter, every object that amuses, blots out the idea of the absent, we find that they are not so necessary to our happiness as we had fancied. But when that love is real, what can amuse, what engage the mind, to banish, for a single instant, the object of its delight? It hates every necessity that wrests it an instant from the contemplation of its beauties; its virtues are ever presenting themselves to increase our regret, and suggest innumerable fears for its safety. Such have been the occupations of this day. I tremble at every noise: new apprehensions are ever alarming me. Every tender sensation is awake to thee.
26th March.
My extreme anxiety operated severely upon my health. I have not had so ill a turn in some months. The remedies of S. prove but little more efficacious than those of G. I do without either. Various are the conjectures respecting your errand. All think me of the party. My spirits need, my heart grows impatient for your return. Every countenance speaks for you, while Theodosia grieves.
27th March.
My health is rather better. I have just this moment heard of General Schuyler's going; have only time to tell you I rejoice at the enclosed. It will save your hurry and anxiety Popham has written and engaged for your attendance.
THEODOSIA BURR
When the British were about to evacuate the city of New-York, and it was ascertained that Colonel Burr had made the necessary arrangements to settle there, his whig friends became anxious that he should receive an appointment. Among those who urged this measure was Judge Hobart, who had ever entertained an exalted opinion of his talents and business habits. As soon as Colonel Burr was informed of the friendly views entertained by the judge, he wrote him, expressing his unwillingness to be considered a competitor with any gentleman for an appointment. To this he received an answer.
FROM JUDGE HOBART.
June 17th, 1783.
SIR,
Your favour has been received. However pure your views may be, I fear you must be contented with the character of a private gentleman so long as you determine to avoid a competition; for I am told there are long lists of applicants for all the offices in the city and county of New-York.
With great respect, yours,
JOHN SLOSS HOBART.
FROM MRS. BURR.
Albany, August 14th, 1783.
How unfortunate, my dearest Aaron, is our present separation. I never shall have resolution to consent to another. We must not be guided by others. We are certainly formed of different materials; and our undertakings must coincide with them.
A few hours after I wrote you by Colonel Lewis, our sweet infant [3] was taken ill, very ill. My mind and spirits have been on the rack from that moment to this. When she sleeps, I watch anxiously; when she wakes, anxious fears accompany every motion. I talked of my love towards her, but I knew it not till put to this unhappy test. I know not whether to give her medicine or withhold it: doubt and terror are the only sensations of which I am sensible. She has slept better last night, and appears more lively this morning, than since her illness. This has induced me to postpone an express to you, which I have had in readiness since yesterday. If this meets you, I need not dwell upon my wish. I will only put an injunction on your riding so fast, or in the heat, or dew. Remember your presence is to support, to console your Theo., perhaps to rejoice with her at the restoration of our much-loved child. Let us encourage this hope; encourage it, at least, till you see me, which I flatter myself will be before this can reach you. Some kind spirit will whisper to my Aaron how much his tender attention is wanted to support his Theo.: how much his love is necessary to give her that fortitude, that resolution, which nature has denied her but through his medium. Adieu.
THEODOSIA
FROM MRS. BURR.
New-York, March 22d, 1784.
My Aaron had scarce quitted the door when I regretted my passiveness. Why did I consent to his departure? Can interest repay the sacrifice? can aught on earth compensate for his presence? Why did I hesitate to decide? Ten thousand fears await me. What thought suggested my assent? The anxiety he might suffer were he to meet with obstacles to raising the sum required; should his views be frustrated for want of the precaution this journey might secure; his mortification; mine, at not having the power to relieve him, were arguments that silenced my longing wish to hold him near me; near me for ever. My Aaron, dark is the hour that separates my soul from itself.
Thus pensive, surrounded with gloom, thy Theo. sat, bewailing thy departure. Every breath of wind whistled terror; every noise at the door was mingled with hope of thy return, and fear of thy perseverance, when Brown arrived with the word--embarked--the wind high, the water rough. Heaven protect my Aaron; preserve him, restore him to his adoring mistress. A tedious hour elapsed, when our son was the joyful messenger of thy safe landing at Paulus Hook.
Stiff with cold, how must his papa have fared? Yet, grateful for his safety, I blessed my God. I envied the ground which bore my pilgrim. I pursued each footstep. Love engrossed his mind; his last adieu to Bartow was the most persuasive token--"Wait till I reach the opposite shore, that you may bear the glad tidings to your trembling mother." O, Aaron, how I thank thee! Love in all its delirium hovers about me; like opium, it lulls me to soft repose! Sweet serenity speaks, 'tis my Aaron's spirit presides. Surrounding objects check my visionary charm. I fly to my room and give the day to thee.
THEODOSIA.
TO MRS. BURR.
Albany, October 29th, 1784.
Mr. Watts this instant acquaints me that he is just setting off for New-York. I run from court to waft you a memorandum of affection. I have been remarkably well; was fortunate in my journey. The trial of Livingston and Hoffman is now arguing. It began on Thursday of last week, and will not conclude till to-night. No other business has been or will be done this term. All this cursed long absence for nothing.
I cannot leave this till Sunday or Monday. Then to Westchester Court. The return to joy and Theo. cannot be till Thursday or Friday, and that depending on my business in Westchester. Miss Yates is on her passage to New-York to spend eight or ten days.
I read your memorandum ten times a day, and observed it as religiously as ever monk did his devotion. Yesterday I burnt it. To me it seemed like sacrilege.
I fear I did not caution you enough against sleeping in the new house. For Heaven's sake (or rather for my sake), don't think of it till I come and judge. I left you an immensity of trouble, which I fear has not promoted your health. Kiss our dear little flock for me. Adieu.
A. BURR.
Late in the autumn of 1783 Colonel Burr removed from Albany into the city of New-York. In the spring of 1784 he was elected a member of the state legislature. At that early period political parties had not assumed either form or shape. The simple and intelligible terms of whip and tory were universally used. Colonel Burr's mind was occupied with his professional business. The legislature met in the city of New-York. He attended two sessions as a member. The first commenced on the 12th of October, 1784. He was in the house only a small portion of the time, and never interfered in what might be considered the ordinary business of the day. On great questions he took an active and decided part. His character for sagacity, discrimination, and firmness, was well established; and he would, therefore, have possessed great influence, if such had been his object; but his ambition, at this time, was not political; or, if it was, he had determined to smother it "until a more convenient season."
The second session while he was a member commenced on the 27th of January, 1785. During this he was more attentive than at the preceding session, but governed by the same system of policy, acting only when great and important questions were under consideration. On the 14th of February a joint committee of the two houses was appointed to revise the laws of the state. Colonel Burr was chairman of the committee on the part of the house. He introduced, on leave granted him, several important bills. One in relation to the public lands, another relative to the titles to real estate, &c. On the 25th of February a bill was pending for the gradual abolition of slavery within the State of New-York. It provided that all born after its passage should be born free. Burr moved to amend, and proposed to insert a provision, that slavery should be entirely abolished after a day specified. His amendment being lost, he voted for the bill as reported. He was a member of the legislature, and supported the law in 1799, by which, ultimately, slavery within the state was abolished.
The question upon which he took the most prominent part related to an application of some tradesmen and mechanics in the city of New-York for an act of incorporation. The advocates of this bill had united their interest with certain land speculators, and by these means it was supposed both bills might be carried through the legislature. Both, however, failed. Colonel Burr was the only member from the city of New-York that opposed what was termed the Mechanics' Bill. His opposition produced so much feeling and excitement, that a man of less firmness would have been driven from his course. Riots were threatened, and by many it was supposed his house would be assaulted. His friends volunteered their services to protect him, but he declined receiving their aid, averring that he had no fears of any violation of the laws by men who had made such sacrifices as the whigs had made for the right of self-government, and that he could and would protect himself, if, contrary to his expectations, it should become necessary. That he was prepared to resist any attack was universally known, but none was attempted, and perhaps for that reason.
The Mechanics' Bill passed the legislature late in February, and was sent to the Council of Revision. At that time the chancellor and the judges of the Supreme Court formed a Council of Revision, and had a qualified negative on all bills. If they considered a bill unconstitutional, they returned it to the house in which it originated, with their objections; after which, if it received the vote of two thirds of both houses, it became a law. This bill was returned on the 9th of March by the council, with their objections, and, two thirds not voting in favour, it was lost. These objections, in substance, were precisely what had been urged against it by Colonel Burr on the floor of the assembly. The petitioners were forty-three in number. The bill gave them unlimited powers in some particulars. It did not incorporate their successors, only so far as they pleased to admit them. They might hold landed estate in perpetuity to an unlimited amount, provided their income did exceed fifteen hundred pounds beyond their outgoings. Their by-laws were to be approved by the city corporation; thus, by rendering the one dependant on the other, either the mechanics would influence the magistrates, and the powers of the corporation of the city and county of New-York be made, at some future day, instruments of monopoly and oppression; or, which was more probable, the corporation of the city and county of New-York obtain a controlling power over the mechanics, and thus add to the extensive influence which that corporation already enjoyed, thereby rendering it dangerous to the political freedom of the people. Such were some of the objections entertained and urged by Colonel Burr against this bill. The great body of the community were prepared to sustain him; and, before the succeeding session of the legislature, the intelligent among the mechanics were so well satisfied with the correctness of his views, that a similar application was never afterward made,
From the year 1785 until the year 1788, Colonel Burr was unknown as a politician. His practice was extensive and lucrative. His domestic relations seemed to occupy all his leisure time. His family was large, and to direct the education of his children was to him the most delightful employment. His zeal for their improvement is evinced in some of the preceding letters. His own health was precarious, while that of Mrs. Burr caused him constant alarm and apprehension. He had but one child, a daughter; but the children of his wife by her first husband (Colonel Prevost) he reared as his own, and with all the tenderness of an affectionate father. The subjoined letters present Mrs. Burr in a most estimable point of view, while they cast some light upon Colonel Burr's character as a parent and a husband. They cannot be read, it is believed, by even the giddy and the thoughtless without feeling an interest in the destiny of their writers.
In the office of Colonel Burr, as students, were his two stepsons, Frederick and John Bartow. When absent from home on professional or other business, one of them frequently accompanied him as an amanuensis. On these occasions all his instructions in relation to lawsuits in which he was employed as counsel, or papers connected therewith, were communicated to the attorney or clerk in the office through Mrs. Burr. She appeared to be held responsible for the punctual and prompt performance of any duty required of them. To him she was indeed a helpmate; for she not only had charge of his domestic concerns, but was counselled with, and intimately associated in, all his business transactions.
TO MRS. BURR.
Princeton, April, 1785.
I had just embarked in the stage at Paulus Hook when I learned that it went no further than Newark; so that, after being three hours close packed with rabble, I trudged an hour more to find a conveyance to Elizabethtown, where I arrived at eight o'clock, chilled, fatigued, and with a surly headache. A comfortable bed and tea made amends.
We arrived here at six o'clock this evening. I am fortunate in company, and find the travelling much less fatiguing than I imagined. Remind Frederick of the business with Platt. Write me by the nest post, and by every stage. If I should even have left Philadelphia, I shall meet the letters. Speak of Harriet, and sur tout des trois Theo's. Adieu.
A. BURR.
TO MRS. BURR.
Philadelphia, April, Saturday, 1785.
I did not write you on Friday, as promised in my letter from Princeton, for which I will apologize when we meet. I arrived here in good plight on Friday evening. Augustine came down about noon on Saturday. We have made some satisfactory progress in our business. Seeing the great men of other countries puts me in more conceit of those of my own.
I shall be released on Tuesday evening, which will permit me to see thee on Thursday morning. Mr. Colt will inform you about every thing. Unfortunately, a gentleman with whom part of our business is has left town. If he should return to-morrow morning, I shall be the happiest of swains on Wednesday morning. I am very minute in these calculations, because I make them very often. Does Theodosia employ herself ever in the same way?
I have been to twenty places to find something to please you, but can see nothing that answers my wishes; you will therefore, I fear, only receive
Your affectionate
A. BURR.
FROM MRS. BURR.
New-York, April, Saturday, 1785.
I persuade myself this is the last day you spend in Philadelphia. That to-morrow's stage will bring you to Elizabethtown; that Tuesday morning you will breakfast with those who pass the tedious hours regretting your absence, and counting time till you return. Even little Theo. gives up her place on mamma's lap to tell dear papa--"come home." Tell Augustine he does not know how much he owes me. 'Tis a sacrifice I would not make to any human being but himself, nor even to him again. It is the last time of my life I submit to your absence, except from necessity to the calls of your profession. All is well at home. Ireson gone on his intended journey. Morris very little here. The boys very attentive and industrious; much more so for being alone. Not a loud word spoken by the servants. All, in silent expectation, await the return of their much-loved lord; but all faintly when compared to thy
THEO.
TO MRS. BURR.
Since writing to you last evening, every thing has conspired to harass and delay me. I was really in hopes of surprising you on Wednesday morning; but am now most unfortunately and cruelly detained here till to-morrow evening; shall therefore, with the usual luck of stages, embrace you on Thursday morning.
I have been walking, in the course of this day, hunting offices, records, &c., &c., above eight hours, and am not fatigued. I must really be very robust. Thine,
A. BURR.
TO MRS. BURR.
Albany, April, 1785.
I arrived here on Tuesday evening very late, though little fatigued. Wednesday afternoon I went with Sill to Bethlehem (Nichols), drank tea, supped, and breakfasted. I am pleased with our friend's choice, of which more next Tuesday evening. I am vexed you were not of my party here--that we did not charter a sloop. I have planned a circuit with you to Long Island, with a number of pleasant &c.s, which are also reserved to a happier moment.
I shall succeed in all Mrs. Clarke's business except that of the lands, in which I hope little.
I feel impatient, and almost angry, that I have received no letter from you, though I really do not know of any opportunity by which you could have written; but it seems an endless while to wait till Saturday night before I can hear from you. How convenient would a little of the phlegm of this region be upon such occasions as these! I fear very much for our dear petite. I tell every one who asks me that both she and you are well, because I abhor the cold, uninterested inquiries, which I know would be made if I should answer otherwise. Do you want the pity of such? Those you thought your very good friends here have forgotten you.
Mademoiselle Y. is very civil. Are the Wadsworths with you? Have you not been tormented with some embarrassments which I wickedly left you to struggle with? I hope you don't believe the epithet. But why these questions, to which I can receive no answer but in person? I nevertheless fondly persuade myself that I shall receive answers to them all, and many more about yourself, which I have in mind, notwithstanding you will not have seen this. There is such a sympathy in our ideas and feelings, that you can't but know what will most interest me.
Give Johnstone the enclosed memorandum; or, if he has gone home, to Bartow; the business is of importance, and admits of no delay.
Affectionately adieu,
A. BURR.
TO MRS. BURR.
Chester, Friday, May, 1785.
I arrived here about eleven o'clock this forenoon, with little fatigue, my horse being an excellent one. Appearances are hostile; they talk of twenty or twenty-five days at least. I believe I shall not hold out so long. The commissioners are met, but not all the parties, so that the business is not yet begun. The gentlemen from Albany are not yet arrived or heard of. We shall probably do nothing till they come. I have comfortable clean quarters.
Tell one of the boys to send me some supreme court seals; about six. I forgot them. Write me what calls are made at the office for me. Distribute my love. Let each of the children write me what they do. You may certainly find some opportunity. Adieu.
A. BURR.
TO MRS. BURR.
Chester, May, 1785.
I strayed this morning for an hour or two in the woods, where I lay on a rock to enjoy the wild retreat. The cheerfullness of all around me led me to ask why all animated nature enjoyed its being but man? Why man alone is discontented, anxious--sacrificing the present to idle expectations;--expectations which, if answered, are in like manner sacrificed. Never enjoying, always hoping? Answer, tu mihi magna Apollo. I would moralize, but time--and my companions are coming in. Let me hear of your health. Avoid all fatigue. Judge Yates proposes to come down with me. Quoi faire?
My good landlady is out of tea, and begs me to send for a pound. Put it up very well. I am in better health than spirits. Adieu.
A. BURR.
FROM MRS. BURR.
New-York, May, 1785.
I am vexed that I did not inquire your route more particularly. I cannot trace you in imagination, nor find your spirit when at rest; nor dare I count the hours to your return. They are still too numerous, and add to my impatience. I expect my reward in the health you acquire. If it should prove otherwise, how I shall hate my acquiescence to your departure. I anticipate good or evil as my spirits rise or fall; but I know no medium; my mind cannot reach that stage of indifference. I fancy all my actions directed by you; this tends to spur my industry, and give calm to my leisure.
The family as you left it. Bartow never quits the office, and is perfectly obliging. Your dear little daughter seeks you twenty times a day; calls you to your meals, and will not suffer your chair to be filled by any of the family.
Judge Hobart called here yesterday; says you are absent for a month. I do not admit that among possibilities, and therefore am not alarmed. I feel obliged to Mr. Wickham for his delay, though I dare not give scope to my pen; my heart dictates too freely. O, my Aaron! how many tender, grateful things rush to my mind in this moment; how much fortitude do I summon to suppress them! You will do justice to their silence; to the inexpressible affection of your plus tendre amie.
Bartow has been to the surveyor-general; he cannot inform him the boundaries of those lots for J. W. There is no map of them but one in Albany.
THEODOSIA.
TO MRS. BURR.
Chester, May, 1785.
I joined the commissioners and parties in the woods, near this place, on Wednesday noon; found the weather severe, and roads bad. Have, since my arrival, been following the commissioners in their surveys. Nothing transpires from which we can conjecture their intentions.
This morning came your kind, your affectionate, your truly welcome letter of Monday evening. Where did it loiter so long? Nothing in my absence is so flattering to me as your health and cheerfullness. I then contemplate nothing so eagerly as my return; amuse myself with ideas of my own happiness, and dwell on the sweet domestic joys which I fancy prepared for me.
Nothing is so unfriendly to every species of enjoyment as melancholy. Gloom, however dressed, however caused, is incompatible with friendship. They cannot have place in the mind at the same time. It is the secret, the malignant foe of sentiment and love. Adieu.
A. BURR.
FROM MRS. BURR.
New-York, May, 1785.
Your dear letter was handed me this day, at a moment which, if possible, increased its value. I have a little fever hanging about me, which tends to depress my spirits for the time. Your moralizing changed my dulness to a pleasing melancholy. I am mortified at the interruption it met, and impatient to renew the theme; to renew it in a more pleasing manner than even your letters afford. When my health is ill, I find your absence insupportable; every evil haunts me. It is the last that must take place till term; that I must submit to. I am pleased with your account of your health and spirits; they are both as I wish.
When you write again, speak of your return. The uncertainty makes it more irksome. The company you speak of will be as welcome as any at this juncture; but my health and mind seem to require the calm recreation of friendly sympathy; the heart that has long been united to mine by the tenderest esteem and confidence, who has made every little anxiety its own, to whom I can speak without reserve every imaginary wo, and whose kind consolation shall appease those miseries nature has imposed. But whatever present inconveniences may arise, I submit to them with perfect resignation, rather than, even in idea, to expect the one mentioned by you when last at home. My mind is impressed with a perfect dread of all of that kind. We never can have one to give us so little trouble as E. W., and yet we found it great. We must avoid all such invitations, for the sacrifice on my part is too great.
Friday morning.
I have passed a most tedious night. I went to bed much indisposed. M. absent; mamma also. Ten thousand anxieties surrounded me till three, when I fell asleep; waked at six, much refreshed, and in better health than I could possibly have expected. I flatter myself your task will end sooner than you expected. Mr. Marvin calls for my letter this morning, which will be delivered with a pound of green tea I have purchased for your landlady at two dollars. He has called. I am hurried. Ten thousand loves
Toujours la vôtre.
THEODOSIA.
TO MRS. BURR.
Jane's in the Mountains, May, 1785.
I wrote my dear Theodosia a long letter of business and nonsense last evening from Chester. I am now about twelve miles nearer to you, and shall sleep to-night within thirty-five miles (only six hours' ride), and shall to-morrow return surlily to Chester.
Our cavalcade is most fortunately composed. Some who abhor fatigue, others who admire good fare, by which by which combination we ride slow and live well. We have halted here half an hour to lounge and take a luncheon. Of the last, I partook reasonably. The time which others devote to the former, I devote (of right) to you, and thus lounge with peculiar glee.
By return of Mr. Smith (who is obliging enough to deliver this), I expect much longer letters from our lazy flock. By the next opportunity I determine not to write you, but some others who deserve more attention than I fear they will think I mean to give them.
The girls must give me a history of their time, from rising to night. The boys any thing which interests them, and which, of course, will interest me. Are there any, or very pressing calls at the office? The word is given to mount. I shall have time to seal this and overtake them. Kiss for me those who love me.
A. BURR.
FROM MRS. BURR.
New-York, April, 1785.
Mrs. Wickham just called to tell me of an opportunity to Chester. How joyfully I embrace it. I had a most insupportable impatience to communicate to you my gratitude and thanks for your last visit. It was a cordial to my health and spirits; a balm to my soul. My mind is flushed with pleasing hopes. Ten thousand tender thoughts rush to my pen; but the bearer may prove faithless. I will suppress them to a happier moment, and anticipate the dear indulgence.
The family as you left it. Thy Theodosia's health and spirits increase daily. Bartow's industry and utility are striking to the family and strangers. Johnstone returned yesterday. Your letter was as eagerly read as though I had not seen you. Write when you have leisure; if it does not reach me immediately, it will serve to divert some tedious moment in a future absence; even when you are at home, engrossed by business, I frequently find a singular pleasure in perusing those testimonies of affection.
I find I am continually speaking of myself. I can only account for it from my Aaron having persuaded me 'tis his favourite subject, and the extreme desire I have to please him induces me to pursue it. I take no walks but up one stairs and down the other. The situation of my house will not admit of my seeing many visitors. I hope some arrangement will be accomplished by the next week.
A packet from Sill. He writes like a happy man--not the happy man of a day, or I am much deceived in him. She is certainly to be ranked among the fortunate. I wish she may be sensible of her lot.
I have fixed the time of seeing you. Till Saturday I will hope the best. I cannot extend my calculations beyond it; four days of your absence is an age to come. My compliments to your chum, and who else you please. Pense avec tendresse de la vôtre.
THEODOSIA.
TO MRS. BURR.
Chester, May 12, 1785.
Nothing could be more welcome than your affectionate letters by Mr. Wickham. They met me on Tuesday evening, on our return from a tour through the mountains. I was for some hours transported home, to partake of that domestic tranquillity which you so feelingly paint. Continue to write if opportunity presents. They will cheer me in these rustic regions. If not, they will not be lost.
This being a rainy day, we have kept within doors. Tomorrow, if fair, we resume the business of climbing mountains, which will probably be our employment till about the middle of next week. After which a week more (at most) will finish the controversy.
Pay Moore nothing till I return, unless you see cause. Let him rough-cast, if he is confident of succeeding; but tell him I will not pay him till I am convinced it will bear weather, and last.
If the sheriff of Bergen (Dey) calls for his money, I enclose a note with a blank for the name. You must speak to either Malcom or Lente for their assistance, unless you can think of something more convenient, putting the matter in such light as your address shall think proper. If for any reasons you should prefer to make use of Popham's name, do it. The person whose name is put in the note must endorse it, and the note be dated. Let one of the boys go over to Mrs. Baldwin for the certificate of the balance of the account, which, if obtained, a deduction must be made accordingly. Perhaps, by paying three or four hundred pounds, Mr. Morris will consent to wait my return. Perhaps, at your instance, he will wait that time without any payment. All which is humbly submitted. I enclose two notes, that you may take your choice.
Mr. Watrous's business respecting the land is not very material. If it should have failed, you may inform him that I have long since filed a caveat which will cover his claim.
I bear the fatigues of our business to admiration. Have great appetite, and sleep sound about ten hours a night. I am already as black as a Shawanese. You will scarce know me if I continue this business a few days longer. Thank our dear children for their kind letters. But they are so afraid of tiring either me or themselves (I suspect the latter), that they tell me few, very few, of those interesting trifles which I want to know.
Let T. give them any new steps he pleases, but not one before the others. If any one is behind or less apt, more pains must be taken to keep them on a par. This I give in charge to you.
I fear you flatter me with respect to your health. You seem a little studied on that score, which is not very natural to you when speaking truth. But, if it is not true, it is surely your own fault. Go to bed early, and do not fatigue your self with running about house. And upon no account any long walks, of which you are so fond, and for which you are so unfit. Simple diet will suit you best. Restrain all gout for intemperance till some future time not very distant.
I do not nor can promise myself all you promise me with respect to the children. I have been too much mortified on that subject to remove it at once.
This is the last expedition of the kind I shall ever undertake; and ever since I have been here I have been planning ways to extricate myself from it, but am defeated, and shall be absolutely detained prisoner till the business is concluded. Johnstone can give you an account of my quarters and mode of life. You haunt me daily more and more. I really fear I shall do little justice to the business which brought me here.
The children must pardon my not writing. I have a number of memorandums of business to make out for Johnstone. Thank them again for their letters, and beg them not to be so churlish.
Let one of the boys haunt Moore. But you surely can do it without letting him vex you, even supposing he does nothing. I had much rather that should be the case than that you should be one minute out of humour with him.
The girls must go on with Tetard in his own way till I come, when I will set all right.
It is already late. I must be up at sunrise. Bon soir, ma chère amie.
A. BURR.
TO MRS. BURR
Chester, 19th May, 2 o'clock P. M., 1785.
We have this day begun the examination of witnesses, which, together with the arguments, will keep us the greater part, and probably the whole, of next week. I find myself gaining strength exceedingly since my return from New-York, though perfectly out of humour with the business, the distance, and the delay.
My trip to New-York has quite ruined me for business. I cannot confine my mind to it. I am literally homesick, and think of nothing else. A witness attending in court informs me of his going to New-York as soon as his testimony is finished. I desert a moment to tell you that I am wholly yours.
6 o'clock P. M., 19th May.
Since I wrote you at two o'clock our court is adjourned till nine to-morrow. We go on briskly and in great good nature. If you were half as punctual or as fortunate (which shall I call it?), I should absolutely fancy myself talking with you. It would be some indemnification for the distance and vexation. Make up in thinking of me, and taking care of yourself, what you omit in writing. Thine at all moments.
9 o'clock at night, 19th May.
A thousand thanks for your dear affectionate letter of Tuesday evening. I was just sitting pensively and half complaining of your remissness, when your letter is received and dispels every gloomy thought. I write this from the impulse of my feelings, and in obedience to your injunctions, having no opportunity in view.
The letters of our dear children are a feast. Every part of them is pleasing and interesting. Le Jenne is not expected to be in New-York for some weeks at least. I avoid the subject. I shudder at the idea of suffering any thing to mar the happiness I promise myself.
There is no possibility of my return till the middle of next week. In one of my letters I put it to the last of next week, but we have this day made unexpected progress. If we are equally fortunate and equally good-natured, we may finish Wednesday night; but this is conjecture, and perhaps my impatience makes me too sanguine.
I broke off at the bottom of the other page to pay some attention to those who deserve much from me (our dear children). To hear that they are employed, that no time is absolutely wasted, is the most flattering of any thing that can be told me of them. It ensures their affection, or is the best evidence of it. It ensures, in its consequences, every thing I am ambitions of in them. Endeavour to preserve regularity of hours; it conduces exceedingly to industry.
I have just heard of a Mr. Brown who goes down by water. As I may not have another opportunity, I hazard it by him. He promises to leave it at old Mr. Rutherford's. Our business goes on very moderately this morning. Witnesses all tardy. We have adjourned for want of something to do. Melancholy and vexatious. It has given me a headache. We shall be holden, I fear, all next week. Adieu.
A. BURR.
TO MRS. BURR.
Chester, 8 o'clock, 20th May, 1785.
Worse and worse. During the whole day we have not been five hours at business. Our witnesses are so aged, and many so remote, that they will not be in till Monday, so that, at this rate, we shall eke out the whole of next week. I have at no time been so completely out of patience; just now particularly, being a little churlish with my headache, which, though not very severe, unfits me for any thing but writing to you.
I wrote you and the whole flock last evening, and added a line to you this morning, and sent off the packet by a Mr. Brown, who goes by water, and promised to deliver it him-self. He has business at old Mr. Rutherford's. If he is punctual, don't forget him in thinking of the letters. Do say something that will make me a little more content with this vexatious delay and imprisonment. I am prompted to write a hundred things which I dare not, for fear I shall not find a safe conveyance: that was particularly the case last evening and this morning. It is perhaps fortunate, or I should spend too much time with you in this way. I believe I do as it is. Adieu, a little while. I am just going to prepare some hot punch.
Ten o'clock.
I have been till this minute making and sipping punch, and with great success. It has thrown me into a perspiration, which obliges me to go to bed. I am very illy reconciled to leave you and bid you good-night, but so says my hard lot.
Saturday morning, 8 o'clock.
I lay awake till after three o'clock this morning; then got up and took a large dose of medicine. It was composed posed of laudanum, nitre, and other savoury drugs, which procured me sleep till now: have no headache; must eat breakfast, and away to court as fast as possible.
Saturday Evening.
Every thing almost stands still. I begin to despair of getting away. I am sure the whole of next week will not finish our business at the present rate. To make it more tedious and disagreeable, some of us are less good-humoured than at first. Not a line from you since that I have mentioned. I can find no opportunity for this. I am too vexed to utter one sentiment.
Sunday, 22d May.
No opportunity for this scrawl yet. I begin to be tired of seeing it, and wish it gone for this reason; and also, because I try to persuade myself you would be glad to receive it.
To-day we have fine scope to reflect how much better we might have employed it, had we been active in our business last week. I find the whole might have been finished by yesterday (if the witnesses on both sides had been ready) as well as a month hence.
My room is a kind of rendezvous for our side: have seldom, therefore, time either to think or write, unless at night or early in the morning. Judge Yates concludes to give us a few days of his company, and to accept of a room with us. The coming of Le Jeune uncertain; not probably till fall. You will receive a pail of butter, perhaps, with this. I have been contracting for the year.
Have you done running up and down stairs? How do you live, sleep, and amuse yourself? I wish, if you have leisure (or, if you have not, make it), you would read the Abbé Mably's little book on the Constitution of the United States. St. John has it in French, which is much better than a translation. This, you see, will save me the trouble of reading it; and I shall receive it with much more emphasis par la bouche d'amour. Adieu. I seal this instantly, lest I be tempted to write more. Again adieu.
A. BURR.
FROM MRS. BURR.
New-York, May 22d, 1785.
Your letter by Mr. Bayard was brought me on Saturday, and the first I had received since the one by Mr. Marvin till to-day. Mr. Brown very punctually and civilly came with your welcome packet of Thursday, nine o'clock. It was just before dinner; the children were dispersed at different employments. I furnished the mantelpiece with the contents of the packet. When dinner was served up they were called. You know the usual eagerness on this occasion. They were all seated but Bartow, when he espied the letters; the surprise, the joy, the exclamations exceed description. The greatest stoic would have forgot himself. A silent tear betrayed me no philosopher. A most joyous repast succeeded. We talked of our happiness, of our first of blessings, our best of papas. I enjoyed, my Aaron, the only happiness that could accrue from your absence. It was a momentary compensation; the only one I ever experienced. Your letters always afford me a singular satisfaction;--a sensation entirely my own; this was peculiarly so. It wrought strangely on my mind and spirits. My Aaron, it was replete with tenderness! with the most lively affection. I read and re-read, till afraid I should get it by rote, and mingle it with common ideas; profane the sacred pledge. No; it shall not be. I will economize the boon. I will limit the recreation to those moments of retirement devoted to thee. Of a sudden I found myself unusually fatigued. I reflected on the cause, and soon found I had mounted the stairs much oftener than I could possibly have done on any other occasion.
I am vexed with my last letter to you; 'tis impossible for me to disguise a single feeling or thought when I am writing or conversing with the friend of my heart. I hope you have attended only to the last paragraph, and avoided all unnecessary anxiety for her who wishes to be a constant source of pleasure to thee. I have been in good health since Saturday morning. Since yesterday, unusually gay and happy; anticipating a thousand pleasures, studying every little arrangement that can contribute to thy comfort. This wet weather is a bar to any essential progress. The walls are still too damp to admit of either paint or paper. I have a bed ready for the judge; ne vous genez pas lâ-dessus. I am afraid some foolish reflections in my last will embarrass you. Your affection and tenderness has put them to flight. "Let nothing mar the promised bliss." Thy Theo. waits with inexpressible impatience to welcome the return of her truly beloved. Every domestic joy shall decorate his mansion. When Aaron smiles, shall Theo. frown? Forbid it every guardian power.
Le Jeune perplexes me no longer. I am provoked with myself for having repeated it to you. Your dear little Theo. grows the most engaging child you ever saw. She frequently talks of, and calls on, her dear papa. It is impossible to see her with indifference. All moves as you wish it. All count the passing hours till thy return. Remember, I am in good health and spirits; that I expect the same account of yours. To think of me affectionately is my first command; to write me so, the second. Hasten to share the happiness of thy much loved and much loving
THEODOSIA.
FROM MRS. BURR.
New-York, August 28th, 1785.
The enclosed was to have gone yesterday, but the intended bearer disappointed me. Young ---- and his companions have just left us; at tasting your Madeira he pronounced you a d----d clever fellow. Your merit increased with the number of glasses; they went away in good-humour with themselves and the hostess. O my love, how earnestly I pray that our children may never be driven from your paternal direction. Had you been at home to-day, you would have felt as fervent in this prayer as your Theo. Our children were impressed with utter contempt for their guest. This gave me real satisfaction.
I really believe, my dear, few parents can boast of children whose minds are so prone to virtue. I see the reward of our assiduity with inexpressible delight, with a gratitude few experience. My Aaron, they have grateful hearts; some circumstances prove it, which I shall relate to you with singular pleasure at your return. I pity A. C. from my heart. She will feel the folly of an over zeal to accumulate. Bartow's assiduity and faithfullness is beyond description. My health is not worse. I have been disappointed in a horse; shall have Pharaoh to-morrow. Frederick is particularly attentive to my health; indeed, none of them are deficient in tenderness. All truly anxious for papa's return; we fix Tuesday, beyond a doubt, but hope impossibilities.
I had a thousand things to write, but the idea of seeing you banishes every other thought. I fear much the violent exertions you are obliged to make will injure your health. Remember how dear, how important it is to the repose, to the life of
THEODOSIA.
FROM MRS. BURR.
New-York, August 29th, 1785.
As soon as Tuesday evening came, I sent repeated messages to Cape's, who persevered in the answer of there being no letter. I slept ill; found my health much worse in the morning; rode out; in spite of exercise, continued ill till your dear letter was handed me. I immediately called for refreshment, and imagined I had recovered my health; my sensations still tell me so. Ten thousand thanks for the best prescription that ever physician invented. I ride daily; breakfasted with Clem. Clarke this morning, who has scarce a trait of himself. He neither knows nor cares for anybody but his son, who is three years and a half old, fair hair, but not handsome; much humoured; is introduced as a pet of the first value. Aunt more in temper than was expected. He dines here to-morrow with the two Blakes. I felt no other compulse to notice them than your wish.
Our little daughter's health has improved beyond my expectations. Your dear Theodosia cannot hear you spoken of without an apparent melancholy; insomuch that her nurse is obliged to exert her invention to divert her, and myself avoid to mention you in her presence. She was one whole day indifferent to every thing but your name. Her attachment is not of a common nature; though this was my opinion, I avoided the remark, when Mr. Grant observed it to me as a singular instance.
You see I have followed your example in speaking first of myself. I esteemed it a real trait of your affection, a sympathy in the feelings, the anxiety of your Theo., who had every fear for your health; more than you would allow her to express.
The garden wall is begun. I fear the front pavement will not answer your intention. I write you again tomorrow. Much love awaits thee. Thine, unchangeably,
THEODOSIA BURR.
FROM MRS. BURR.
New-York, 25th September, 1785.
Your dear letter of Saturday morning has just reached me. I was relieved, delighted, till the recollection of the storm you have since weathered took place. How have you borne it? Ten thousand fears alarm me. I pursued thee yesterday, through wind and rain, till eve, when, fatigued, exhausted, shivering, thou didst reach thy haven, surrounded with inattention, thy Theo. from thee. Thus agitated, I laid my head upon a restless pillow, turning from side to side, when thy kindred spirit found its mate. I beheld my much-loved Aaron, his tender eyes fixed kindly on me; they spake a body wearied, wishing repose, but not sick. This soothed my troubled spirit: I slept tolerably, but dare not trust too confidently. I hasten to my friend to realize the delightful vision; naught but thy voice can tranquillize my mind. Thou art the constant subject of love, hope, and fear. The girls bewail the sufferings of their dear papa; the boys wish themselves in his place; Frederick frets at the badness of the horse; wishes money could put him in thy stead. The unaffected warmth of his heart delights me. If aught can alleviate thy absence, 'tis these testimonies of gratitude and affection from the young and guileless to the best of parents. They feel the hand that blesses them, and love because they are blessed. Thy orders shall be attended to. Mamma joins in the warmest assurances of sincere affection. Theodosia and Sally in perfect health. Beyond expression,
Yours,
THEODOSIA BURR.
FROM MRS. BURR.
New-York, 27th September, 1785.
I have counted the hours till evening; since that, the minutes, and am still on the watch; the stage not arrived: it is a cruel delay. Your health, your tender frame, how are they supported! Anxiety obliterates every other idea; every noise stops my pen; my heart flutters with hope and fear; the pavement from this to Cape's [4] is kept warm by the family; every eye and ear engrossed by expectation; my mind is in too much trepidation to write. I resume my pen after another messenger, in vain. I will try to tell you that those you love are well; that the boys are very diligent; Ireson gone to Westchester. My new medicine will, I flatter myself, prove a lucky one. Sally amazingly increased. Fream at work at the roof. He thinks it too flat to be secured. The back walls of the house struck through with the late rain. M.Y. still at Miss W. You must not expect to find dancing on Thursday night. I should think it a degree of presumption to make the necessary preparations without knowing the state of your health. Should this account prove favourable, I still think it best to delay it, as the stage is very irregular in its return. That of Saturday did not arrive till Sunday morning; it brought an unfavourable account of the roads. Thus you probably would not partake, nor would I wish spectators to check my vigilance, or divide that attention which is ever insufficient when thou art the object. O, my Aaron, how impatient I am to welcome thy return; to anticipate thy will, and receive thy loved commands. The clock strikes eleven. No stage. My letter must go. I have been three hours writing, or attempting to write, this imperfect scrawl. The children desire me to speak their affection. Mamma will not be forgot; she especially shares my anxiousness. Adieu.
THEODOSIA BURR
TO MRS. BURR.
Albany, October 30th, 1785. I have received your two affectionate letters. The enclosed was intended to have been sent by the stage which I met on my way up; but, by untoward accidents (needless to detail), yet lies by me. My disorder has left me almost since I left the city.
The person with whom I had business had gone from this place before my arrival, so that I should have been, ere this, on my return, but that I have suffered myself to be engaged in two land causes (Van Hoesen and Van Rensselaer), which begin to-morrow, and will probably last the whole week. I am retained for Van Hoesen, together with J. Bay and P. W. Yates. Such able coadjutors will relieve me of the principal burden. You may judge with what reluctance I engaged in a business which will detain me so long from all that is dear and lovely. I dare not think on the period I have yet to be absent. I feel it in some sort a judgment for the letters written by the girls to N.W.
Your account of your health is very suspicious; you are not particular enough; you say nothing of the means you use to restore yourself; whether you take exercise, or how you employ your time.
I shall probably leave this on Sunday next; my horse will not take me home in three days. I fear I shall not see you till Wednesday morning of next week; perhaps not even then, for I am engaged to attend the court at Bedford on Tuesday of next week. You shall hear again by the stage.
Will not these continued rains deprive us of the pleasure of the promised visit of the W.'s? How is it possible you can write me such short letters, having so much leisure, and surrounded with all that can interest me? Adieu.
A. BURR.
TO MRS. BURR.
Albany, 2d November, 1785.
I have lived these three days upon the letters I expected this evening, and behold the stage without a line! I have been through the rain, and dark, and mud, hunting up every passenger to catechise them for letters, and can scarce yet believe that I am so totally forgotten.
Our trial, of which I wrote you on Sunday, goes on moderately. It will certainly last till twelve o'clock on Saturday night; longer it cannot, that being the last hour of court. Of course, I leave this on Sunday; shall be detained at Westchester till about Thursday noon, and be home on Friday. This is my present prospect; a gloomy one, I confess; rendered more so by your unpardonable silence. I have a thousand questions to ask, but why ask of the dumb?
I am quite recovered. The trial in which I am engaged is a fatiguing one, and in some respects vexatious. But it puts me in better humour to reflect that you have just received my letter of Sunday, and are saying or thinking some good-natured things of me. Determining to write any thing that can amuse and interest me; every thing that can atone for the late silence, or compensate for the hard fate that divides us.
Since being here I have resolved that you in future accompany me on such excursions, and I am provoked to have yielded to your idle fears on this occasion. I have told here frequently, within a day or two, that I was never so long from home before, till, upon counting days, I find I have been frequently longer. I am so constantly anticipating the duration of this absence, that when I speak of it I realize the whole of it.
Let me find that you have done justice to yourself and me. I shall forgive none the smallest omission on this head. Do not write by the Monday stage, or rather, do not send the letter you write, as it is possible I shall leave the stage-road in my way to Bedford.
Affectionately adieu,
A. BURR.
Footnotes:
1. Major Popham, fifty-four years after the date of this letter, attended as a pall-bearer the funeral of Colonel Burr, the friend of his youth.
2. Mrs. Prevost's son.
3. The unfortunate Mrs. Alston, of whom much will be said hereafter.
4. Stagehouse.
XV. FROM MRS. BURR
New-York, August, 1786.
Your letter was faithfully handed us by the boy from Hall's. Bartow has enclosed the papers. Those you mentioned to me on the night of your departure I cannot forward, as I have forgot the names of the parties, and they cannot guess them in the office from my description, I hope the disappointment will not be irreparable.
If you finish your causes before court is over, cannot you look at us, even should you return to the manor? The two girls followed you to the stagehouse, saw you seated and drive off. Frederick's tooth prevented his attendance. My heart is full of affection, my head too barren to express it. I am impatient for evening; for the receipt of your dear letter; for those delightful sensations which your expressions of tenderness alone can excite. Dejected, distracted with out them; elated, giddy even to folly with them; my mind, never at medium, claims every thing from your partiality.
I have just determined to take a room at aunt Clarke's till Sally recovers her appetite; by the advice of the physician, we have changed her food from vegetable to animal. A change of air may be equally beneficial. You shall have a faithful account, I leave town at six this evening. All good angels attend thee. The children speak their love. Theodosia has written to you, and is anxious lest I should omit sending it. Toujours la vôtre,
THEODOSIA.
TO MRS. BURR.
Albany, August, 1786.
Your letter of Thursday evening was stuffed into one of the office papers, so that I did not find it for half an hour after I received the packet, during all which time I had the pleasure of abusing you stoutly. But I had only prepared myself for the most delightful surprise. I apologized with great submission.
Why are you so cautiously silent as to our little Sally? You do not say that she is better or worse; from which I conclude she is worse. I am not wholly pleased with your plan of meat diet. It is recommended upon the idea that she has no disorder but a general debility. All the disorders of this season are apt to be attended with fevers, in which case animal diet is unfriendly. I beg you to watch the effects of this whim with great attention. So essential a change will certainly have visible effects. Remember, I do not absolutely condemn, because I do not know the principles, but am fearful.
Every minute of my time is engrossed to repair the loss of my little book. Thank the boys for their attention to the business I left them in charge. I wish either of them had given me a history of what is doing in the office, and you of what is doing in the family. The girls I know to be incorrigibly lazy, and therefore expect nothing from them. The time was--but I have no leisure to reflect.
Thine,
A. BURR.
TO MRS. BURR.
Albany, August, eleven o'clock at night, 1786.
I have this day your letter by my express. I am sorry that you and others perplex yourselves with that office nonsense. Am too fatigued and too busy to say more of it. We began our Catskill causes this morning, and have this minute adjourned to meet at seven in the morning. We shall be engaged at the same disagreeable rate till Saturday evening. I think our title stands favourably; but the jury are such that the verdict will be in some measure hazardous. I have judgment for Maunsel against Brown, after a laboured argument. Inform him, with my regards.
Since writing thus far, I have your affectionate letter by the stage, which revives me. I shall not go to the manor. But, if I succeed in our causes, shall be obliged to go to Catskill to settle with the tenants, make sales, &c. Of this you cannot know till Tuesday evening.
I am wrong to say that I shall not go to the manor. I am obliged to attend a Court of Chancery there. The chancellor had gone hence before my arrival. I cannot be home till Thursday evening. I hope your next will be of the tenour of the last. Your want of cheerfullness is the least acceptable of any token of affection you can give me. Good angels guard and preserve you.
A. BURR.
FROM MRS. BURR.
New-York, November, 1787.
What language can express the joy, the gratitude of Theodosia? Stage after stage without a line. Thy usual punctuality gave room for every fear; various conjectures filled every breast. One of our sons was to have departed tomorrow in quest of the best of friends and fathers. This morning we waited the stage with impatience. Shrouder went frequently before it arrived; at length returned--no letter. We were struck dumb with disappointment. Bartow set out to inquire who were the passengers; in a very few minutes returned exulting,--a packet worth the treasures of the universe. Joy brightened every face; all expressed their past anxieties; their present happiness. To enjoy was the first result. Each made choice of what they could best relish. Porter, sweet wine, chocolate, and sweetmeats made the most delightful repast that could be shared without thee. The servants were made to feel their lord was well, are at this instant toasting his health and bounty; while the boys are obeying thy dear commands, thy Theodosia flies to speak her heartfelt joys:--her Aaron safe, mistress of the heart she adores; can she ask more? has Heaven more to grant? "Plus que jamais à vous," dost thou recollect it? Do I read right? I can't mistake; I read it everywhere; 'tis stamped on the blank paper; I sully the impression with reluctance; I know not what I write. You talk of long absence. I stoop not to dull calculations; thou hast judged it best; thy breast breathes purest flame. What greater blessing can await me? Every latent spark is kindled in my soul. My imagination is crowded with ideas; they leave me no time for utterance; plus que jamais; but for Sally, I should set out to-morrow to meet you. I must dress and visit to-morrow. I have heard nothing of the W.s. Our two dear pledges have an instinctive knowledge of their mother's bliss. They have been awake all the evening I have the youngest in my arms. Our sweet prattler exclaims at every noise, There's dear papa, and runs to meet him. I pursue the medicine I began when you left us, and believe it efficacious. Exercise costs me a crown a day; our own horse disabled by the nail which penetrated the joint. I have grown less, and better pleased with myself; feel confident of your approbation. W. hastens the first assembly. F. feigns herself lame, that she may not accompany M., who submits to every little meanness, and bears all hints with insensibility. Has called here once. Clement sailed on Monday.
Your remark on the shortness of my letters is flattering. This is the last you shall complain of. My spirits and nerves coincide in asking repose. Your daughter commands it. Our dear children join in the strongest assurances of honest love. Mamma will not be forgotten. Sweet sleep attend thee. Thy Theo.'s spirit shall preside. I wish you may find this scrawl as short at reading as I have at writing. I am surprised to find myself obliged to enclose it. Adieu.
THEODOSIA BURR.
FROM MRS. BURR.
New-York, Wednesday, November, 1787.
My health is better. As I fondly believe this the most interesting intelligence I can give thee, I make it my preamble. What would I not give to have but those four small words from thee? Though I had but little hope, I found myself involuntarily counting the passing hours. My messenger met the stage at the door. I need not relate his success. I fancy many ills from the situation of your health when you left home, and pray ardently they may prove merely fanciful. I have still three tedious days to the next stage, when a line of affection shall repay all my anxieties. Ireson returned to-day. The poor boys have really been models of industry. They write all day and evening, and sometimes all night, nor allow themselves time to powder.
I feel as though my guardian angel had forsaken me. I fear every thing but ghosts. Tell me, Aaron, why do I grow every day more tenacious of thy regard? Is it possible my affection can increase? Is it because each revolving day proves thee more deserving? Surely, thy Theo. needed no proof of thy goodness. Heaven preserve the patron of my flock; preserve the husband of my heart; teach me to cherish his love, and to deserve the boon.
THEODOSIA BURR.
TO MRS. BURR.
Poughkeepsie, 28th June, 1788.
This afternoon the stage will pass through this place. Your letters will not come to me till the morning, so that I can only thank you for them, and the kind things they contain, by anticipation. I have already read them in the same way, and therefore do thank you for them, de plein coeur. I have a convenient room for my business in one house, board at a different house, and bad lodgings at a third house. This is, indeed, not so convenient an arrangement as might be wished; but I could not procure these different accommodations at less than three houses in this metropolis and seat of government.
As the boys will wish to know something of the progress of business here, tell them that the cause of Freer and Van Vleeck has been this day put off by the defendants, on payment of costs, on an affidavit of the want of papers. In Noxon's cause I have a verdict for thirty-four pounds. The evidence clearly entitled Mr. Livingston to three or four hundred pounds, and so was the charge of the judge; but landlords are not popular or favoured in this county. I am now going to court to defend an action of trespass, in which I have been employed here; and shall try Mr. Lansing's cause to-morrow, which will close my business here. With how much regret I shall go further from home. Kiss our dear children.
A. BURR.
TO MRS. BURR.
Poughkeepsie, 29th June, 1788.
I have sat an hour at the door watching the arrival of the stage. At length it comes, and your dear packet is handed to me just in season to be acknowledged by Mr. Johnstone. He will tell you of the further progress of my business and my intended movements. I go this evening to Rhinebeck. How wishfully I look homeward. I like your industry, and will certainly reward it as you shall direct.
My time is much engrossed. My health perfectly good. You say nothing of yours; but your industry is a good omen. You can write to me by Monday's stage, directed to be forwarded to me from Rhinebeck. I shall be then at Kingston. Much love to the smiling little girl. I received her letter, but not the pretty things. I continually plan my return with childish impatience, and fancy a thousand incidents which render it more interesting. Reserve your health and spirits, and I shall not be deceived.
Affectionately,
A. BURR.
TO MRS. BURR.
Albany, August 7th, 1788.
Oh Theo.! there is the most delightful grove--so darkened with weeping willows, that at noonday a susceptible fancy like yours would mistake it for a bewitching moonlight evening. These sympathizing willows, too, exclude even the prying eye of curiosity. Here no rude noise interrupts the softest whisper. Here no harsher sound is heard than the wild cooings of the gentle dove, the gay thresher's animated warbles, and the soft murmurs of the passing brook. Really, Theo., it is charming.
I should have told you that I am speaking of Fort Johnson, where I have spent a day. From this amiable bower you ascend a gentle declivity, by a winding path, to a cluster of lofty oaks and locusts. Here nature assumes a more august appearance. The gentle brook, which murmured soft below, here bursts a cataract. Here you behold the stately Mohawk roll his majestic wave along the lofty Apalachians. Here the mind assumes a nobler tone, and is occupied by sublimer objects. What there was tenderness, here swells to rapture. It is truly charming.
The windings of this enchanting brook form a lovely island, variegated by the most sportive hand of nature. This shall be yours. We will plant it with jessamines and woodbine, and call it Cyprus. It seems formed for the residence o£ the loves and the graces, and is therefore yours by the best of titles. It is indeed most charming.
But I could fill sheets in description of the beauties of this romantic place. We will reserve it for the subject of many an amusing hour. And besides being little in the habit of the sublime or poetical, I grow already out of breath, and begin to falter, as you perceive. I cannot, however, omit the most interesting and important circumstance; one which I had rather communicate to you in this way than face to face. I know that you was opposed to this journey to Fort Johnson. It is therefore with the greater regret that I communicate the event; and you are not unacquainted with my inducements to it.
In many things I am indeed unhappy in possessing a singularity of taste; particularly unhappy when that taste differs in any thing from yours. But we cannot control necessity, though we often persuade ourselves that certain things are our choice, when in truth we have been unavoidably impelled to them. In the instance I am going to relate, I shall not examine whether I have been governed by mere fancy, or by motives of expediency, or by caprice; you will probably say the latter.
My dear Theo., arm yourself with all your fortitude. I know you have much of it, and I hope that upon this occasion you will not fail to exercise it. I abhor preface and preamble, and don't know why I have now used it so freely. But I am well aware that what I am going to relate needs much apology from me, and will need much to you. If I am the unwilling, the unfortunate instrument of depriving you of any part of your promised gayety or pleasure, I hope you are too generous to aggravate the misfortune by upbraiding me with it. Be assured (I hope the assurance is needless), that whatever diminishes your happiness equally impairs mine. In short, then, for I grow tedious both to you and myself; and to procrastinate the relation of disagreeable events only gives them poignancy; in short, then, my dear Theo., the beauty of this same Fort Johnson, the fertility of the soil, the commodiousness and elegance of the buildings, the great value of the mills, and the very inconsiderable price which was asked for the whole, have not induced me to purchase it, and probably never will: in the confidence, however, of meeting your forgiveness,
Affectionately yours,
A. BURR.
TO MRS. BURR.
Albany, 26th October, 1788.
I wrote you a few hours ago, and put the letter into the postofflce. Little did I then imagine how much pleasure was near at hand for me. Judge Hobart has this minute arrived, and handed me your letter of Monday. I cannot thank you sufficiently for all the affection it contains. Be assured it has every welcome which congenial affection can give.
The headache with which I left New-York grew so extreme, that finding it impossible to proceed in the stage, the view of a vessel off Tarrytown, under full sail before the wind, tempted me to go on board. We reached West Point that night, and lay there at anchor near three days. After a variety of changes from sloop to wagon, from wagon to canoe, and from canoe to sloop again, I reached this place last evening. I was able, however, to land at Rhinebeck on Thursday evening, and there wrote you a letter which I suppose reached you on Saturday last.
My business in court will detain me till Saturday of this week, when I propose to take passage in sloop. I have just drunk tea with Mrs. Fairlie, and her daughter, five days old. Thank Bartow for the papers by Judge Hobart. When I wrote him this evening I had not received them.
Yours,
A. BURR.
TO MRS. BURR.
Albany, November, 1788.
I received your affectionate letter just as I was going into court, and under the auspices of it have tried with success two causes. The bearer of this was my client in one of them, and is happy beyond measure at his success. Business has increased upon my hands since I came here. My return seems daily more distant, but not to be regretted from any views but those of the heart.
I hope you persevere in the regular mode of life which I pointed out to you. I shall be seriously angry if you do not. I think you had best take less wine and more exercise. A walk twice round the garden before breakfast, and a ride in the afternoon, will do for the present, and this will be necessary to fit you for the journey to Long Island.
A Captain Randolph will call with Mr. Mersereau: c'est un soldat et honnête homme, donnez eux à boire. They will answer all your questions.
Yours truly,
A. BURR.
TO MRS. BURR.
Albany, 23d November, 1788.
I thank you for your obliging letter of the 19th. It is not, indeed, so long as I had hoped, but your reason for being concise is too ingenious not to be admitted. I have, however, a persuasion that you are at this moment employed in the same manner that I am; and in the hope that your good intentions will not be checked by either want of health or want of spirits, I venture to expect a much longer letter by the coming post.
Your account of the progress of the measles is alarming. I am pleased to find that you yet keep your ground. It persuades me that, notwithstanding what you have written, you do not think the hazard very great. That disorder hath found its way to this city, but with no unfavourable symptoms. It is not spoken of as a thing to be either feared or avoided.
I have no prospect of being able to leave this place before this day week, probably not so soon. You must, by return of post, assure me that I shall find you in good health and spirits. This will enable me to despatch business and hasten my return. Kiss those who love me.
A. BURR
TO MRS. BURR.
Albany, 26th November, 1788.
The unusual delay of the post deprives me of the pleasure of hearing from you this evening. This I regret the more, as your last makes me particularly anxious for that which I expected by this post.
I am wearied out with the most tedious cause I was ever engaged in. To-morrow will be the eighth day since we began it, and it may probably last the whole of this week. Write me whether any thing calls particularly for my return so as to prevent my concluding my business here. I am at a loss what to write until I have your answer to my letters, for which I am very impatient.
Yours affectionately,
A. BURR.
From the commencement of the year 1785 until the year 1788, Colonel Burr took but little part in the political discussions of the day. In the year 1787 the opinion had become universal that the states could not be kept together under the existing articles of confederation. On the second Monday in May, 1787, a convention met in Philadelphia for the avowed purpose of "revising the Articles of Confederation," &c. On the 28th of September following, that convention, having agreed upon a "new constitution," ordered that the same be transmitted to the several legislatures for the purpose of being submitted to a convention of delegates, chosen in each state, for its adoption or rejection.
In January, 1788, the legislature of New-York met, and warm discussions ensued on the subject of the new constitution. These discussions arose on the question of calling a state convention. Parties had now become organized. The friends of the new constitution styled themselves federalists. Its opponents were designated anti-federalists. The latter denied the right of the general convention to form a "new constitution," and contended that they were limited in their powers to "revising and amending the Articles of Confederation." The former asserted that the general convention had not transcended its powers.
Colonel Burr, on this point, appears to have assumed a neutral stand; but, in other respects, connected himself with what was termed the anti-federal party. He wished amendments to the constitution, and had received, in common with many others, an impression that the powers of the federal government, unless more distinctly defined, would be so exercised as to divest the states of every attribute of sovereignty, and that on their ruins ultimately there would be erected a splendid national instead of a federal government.
In April, 1788, Colonel Burr was nominated by the anti-federalists of the city of New-York as a candidate for the assembly. The feelings of that day may be judged of by the manner in which the ticket was headed. It was published in the newspapers and in handbills as follows:--
"The sons of liberty, who are again called upon to contend with the sheltered aliens, who have, by the courtesy of our country, been permitted to remain among us, will give their support to the following ticket:--
"William Deming, Melancton Smith, Marinus Willet, and Aaron Burr."
The federalists prevailed by an overwhelming majority. The strength of the contending parties was in the ratio of about seven federalists (or tories) for one anti-federalist (or whig). Such were the political cognomens of the day. The federalists styled their opponents anti-federalists. The anti-federalists designated their opponents tories.
In April, 1789, there was an election for governor of the State of New-York. The anti-federal party nominated George Clinton. A meeting of citizens, principally federalists, was held in the city of New-York, and Judge Robert Yates was nominated in opposition to Mr. Clinton. Mr. Yates was a firm and decided anti-federalist. He was known to be the personal and political friend of Colonel Burr. At this meeting a committee of correspondence was appointed. Colonel Hamilton and Colonel Burr were both members of this committee.
In their address recommending Judge Yates they state, that Chief-justice Morris or Lieutenant-governor Van Courtlandt were the favourite candidates of the federal party; but, for the sake of harmonizing conflicting interests, a gentleman (Mr. Yates), known as an anti-federalist, had been selected, and they respectfully recommend to Mr. Morris and Mr. Van Courtlandt to withdraw their names, and to unite in the support of Mr. Yates. This address was signed by Alexander Hamilton as chairman. Mr. Clinton, however, was re-elected.
This support of Judge Yates did not diminish Governor Clinton's confidence in the political integrity, or lessen his respect for the talents, of Colonel Burr. A few months after the election the governor tendered to him the office of attorney-general of the state. At first he hesitated about accepting the appointment; but, on the 25th of September, 1789, addressed his excellency as follows:--
TO GOVERNOR GEORGE CLINTON.
SIR,
In case the office you were pleased to propose should be offered to me, I have, upon reflection, determined to accept it; at least until it shall be known upon what establishment it will be placed. My hesitation arose not from any dislike to the office, but from the circumstances which I took the liberty to suggest in our conversation on this subject.
I have the honour to be
Your excellency's obedient servant,
A. BURR.
On the receipt of the above note, Governor Clinton nominated Colonel Burr to the council of appointment as attorney-general of the state, and the nomination was confirmed. This office was rather professional than political. It was, however, at the time, highly important, and imposed the most arduous duties upon the incumbent. Under the new constitution of the United States, after the organization of the government, many intricate questions arose. To discriminate between the claims upon the respective states and those upon the federal government, often required close investigation and no inconsiderable degree of legal astuteness. The claims of individuals who had been in the service of the state during the war of the revolution, or who had otherwise become creditors, were now presented for adjustment. There were no principles settled by which their justice or legality could be tested. All was chaos; and the legislature was about to be overwhelmed with petitions from every quarter for debts due, or for injuries alleged to have been sustained by individuals who had been compelled to receive depreciated money, or whose private property had been taken for public use. In this dilemma the legislature passed an act authorizing the appointment of commissioners to report on the subject. The commissioners were Gerard Bancker, treasurer, Peter T. Curtenius, state auditor, and Aaron Burr, attorney-general.
During the period that Colonel Burr was attorney-general, the seat of government was in the city of New-York. His official duties, therefore, seldom required his absence from home, when his private business, as a professional man, would not have rendered that absence necessary. His correspondence, although more limited, lost none of its interest, and miscellaneous selections from it are therefore continued.
TO MRS. BURR.
Albany, 21st October, 1789.
MY DEAREST THEODOSIA,
I have this moment received your letter of Sunday evening, containing the account of your alarming accident and most fortunate rescue and escape. I thank Heaven for your preservation, and thank you a thousand times for your particular and interesting account of it.
I left my sloop at Kinderhook on Monday morning, and came here that day in a wagon. I wrote you on the passage, and attempted to leave the letter at Poughkeepsie, but the wind not permitting us to stop, I went on board a Rhinebeck sloop, and there found Mrs. Peter R. Livingston, who offered to take charge of my letter.
I am relieved from much anxiety by your management of certain arrangements; I am glad M. W. is content. Mrs. Witbeck met with an accident a little similar to yours; but she lost only her cap and hair.
I am delighted to find that you anticipate as a pleasure that by this post you may write as much as you please. If you set no other bound to your pen than my gratification, you will write me the history every day, not of your actions only (the least of which will be interesting), but of your thoughts. I shall watch with eagerness and impatience the coming of every stage. Let me not be disappointed; you have raised and given confidence to these hopes. We lodge at a neat, quiet widow's, near the Recorder Gansevoort's. Sill invited us very friendly.
Affectionately,
A. BURR.
TO MRS. BURR.
Albany, 24th October, 1783.
With what pleasure have I feasted for three days past upon the letters I was to receive this evening. I was engaged in court when the stage passed. Upon the sound of it I left court and ran to the postoffice; judge of my mortification to find not a line from your hand. Surely, in the course of three days, you might have found half an hour to have devoted to me. You well knew how much I relied on it; you knew the pleasure it would have given me, and the disappointment and chagrin I should feel from the neglect. I cannot, will not believe that these considerations have no weight with you. But a truce to complaints. I will hope that you have written, and that some accident has detained the letter.
Your misfortunes so engrossed me, that I forgot to inquire about Augustine's horses; and to give a caution, which I believe is needless, about the blank checks. Do not part with one till you see it filled up with sum and date. T. P. is apt to make mistakes, and once lost a check which was by accident detected before it was presented for payment. This is my fourth letter. Perhaps I write too much, and you wish to give me an example of moderation.
Yours affectionately,
A. BURR.
TO MRS. BURR.
Albany, 28th October, 1789.
The history of your sufferings, this moment received, is truly unexpected and affecting. My sympathy was wholly with your unfortunate left hand. The distressing circumstances respecting your face must certainly be owing to something more than the mere misfortune of your burn. I cannot help feeling a resentment which must not be in this way expressed. I am sure your sufferings might have been prevented. I had promised myself that they were at an end many days ago.
Forgive my splenetic letter by the last post. I cannot tell you how much I regret it. When I was complaining and accusing you of neglect, you were suffering the most excruciating pain; but I could not have imagined this unfortunate reverse. Impute my impatience to my anxiety to hear from you. I am pleased at the gayety of your letter. Do not think a moment of the consequences which you apprehend from the wound. Let me only hear that you are relieved from pain, and I am happy. This is my fifth letter. Frederick is the laziest dog in the world for not having written me of your situation.
Yours, truly and affectionately,
A. BURR.
TO MRS. BURR.
Claverack, 27th June, 1791.
I have just arrived here, and find Mr. B. Livingston about to return to New-York. He informs me that he left home on Saturday, and sent you word that he was to meet me here. It was kind in him. I cannot say as much of the improvement you made of his goodness.
It is surprising that you tell me nothing of Theo. I would by no means have her writing and arithmetic neglected. It is the part of her education which is of the most present importance. If Shepherd will not attend her in the house, another must be had; but I had rather pay him double than employ another. Is Chevalier still punctual? Let me know whether you are yet suited with horses, and how?
In your letters, speak of Brooks and Ireson's attendance. I wish you would often step into the office, and see as many as you can of the people who come on business. Does young Mr. Broome attend? Other and more interesting questions have been made and repeated in my former letters; I will therefore, at present, fatigue with no more interrogatories. Adieu.
A. BURR.
FROM MRS. BURR.
New-York, 30th June, 1791.
My letter missed the post yesterday not from my neglect. It waited for Brooks's packet, which was not ready till the mail was gone. Mr. B. Livingston just handed me the one you intrusted to him. I was the more pleased with it, as he accompanied it with the most favourabie account of your health I have received since your absence, and promises to forward this in the afternoon.
The Edwardses dine with me; they had taken lodgings previous to their arrival, in consequence of a report made them by the little Bodowins (who were at Mrs. Moore's last winter), that my house was too small and inconvenient to admit of a spare bed. I esteem it a lucky escape. It would have been impossible for me to have borne the fatigue. Charlotte is worn out with sleepless nights, laborious days, and an anxious mind. Hannah constantly drunk. Except William, who is a mere waiter, I have no servant.
My guests are come to dinner. I have solicited them, and shall again, to stay here; but, if they positively decline it, I will go to Frederick. I will steal a moment after dinner to add another page.
July 2d.
The person Mr. Livingston expected to forward my letter by did not go, nor could I hear of an opportunity, till, this moment, Mr. Williams offered to take charge of this. I had arranged every thing to set out for Frederick this morning, when a mortification was found to have taken place on Charlotte's child, and she could not be moved. As I had carted every thing on board, which I assure you was no small piece of business, I sent Natie with the three younger children, and kept Louise and Theo to go with me, whenever this disagreeable event is past.
Theo never can or will make the progress we would wish her while she has so many avocations. I kept her home a week in hopes Shepherd would consent to attend her at home, but he absolutely declined it, as his partners thought it derogatory to their dignity. I was therefore obliged to submit, and permit her to go as usual. She begins to cipher. Mr. Chevalier attends regularly, and I take care she never omits learning her French lesson. I believe she makes most progress in this. Mr. St. Aivre never comes; he can get no fiddler, and I am told his furniture, &c. have been seized by the sheriff. I don't think the dancing lessons do much good while the weather is so warm; they fatigue too soon. I have a dozen and four tickets on hand, which I think will double in value at my return. As to the music, upon the footing it now is she can never make progress, though she sacrifices two thirds of her time to it. 'Tis a serious check to her other acquirements. She must either have a forte-piano at home, or renounce learning it. For these reasons I am impatient to go in the country. Her education is not on an advantageous footing at present. Besides, the playfellows she has at home makes it the most favourable moment for her to be at liberty a few weeks, to range and gain in health a good foundation for more application at our return, when I hope to have her alone; nay, I will have her alone. I cannot live so great a slave, and she shall not suffer. My time shall not be an unwilling sacrifice to others; it shall be hers. She shall have it, but I will not use severity; and without it, at present, I can obtain nothing; 'tis a bad habit, which she never deserves when I have her to myself. The, moment we are alone she tries to amuse me with her improvement, which the little jade knows will always command my attention; but these moments are short and seldom. I have so many trifling interruptions, that my head feels as if I had been a twelvemonth at sea. I scarcely know what I speak, and much less what I write.
What a provoking thing that I, who never go out, who never dress beyond a decent style at home, should not have a leisure moment to read a newspaper. It is a recreation I have not had since you left home, nor could I get an opportunity by water to send them to you. Albany will be a more favourable situation for every conveyance. But I don't understand why your lordship can't pay your obeisance at home in this four week vacation. I think I am entitled to a reason.
Brooks attends regularly. Ireson from six to twelve, and from two to six, as punctual as possible. I should have made the office more my business had I known it would have been agreeable to you. I shall be attentive for the future. Bartow is here every morning. Most people either choose to wait for him, or call at some appointed hour when he can be here. Mr. Broome is here every day.
God knows the quality of this epistle; but the quantity I am certain you won't complain of. 'Tis like throwing the dice--a mere game at hazard; like all gamblers, I am always in hopes the last will prove a lucky cast. Pray, in what consists the pleasure of a familiar correspondence? In writing without form or reflection your ideas and feelings of the moment, trusting to the partiality of your friend every imperfect thought, and to his candour every ill-turned phrase. Such are the letters I love, and such I request of those I love. It must be a very depraved mind from whom such letters are not acceptable.
Neither the packet you left at Kingston, nor the money and greatcoat by Colonel Gausbeck, have yet reached me. I wish you could have passed that leisure four weeks with me at Frederick's. How pleasant such a party would have been. How much quiet we should have enjoyed.
July 3d.
I was interrupted yesterday by the death of Charlotte's child. Though a long-expected event, still the scene is painful. The mother's tears were almost too much for me. I hope nothing new will occur to impede my journey. I set off to-morrow morning.
I am not so sick as when I wrote you last, nor so well as when you left me. I confess I have neglected the use of those medicines I found relief from. The situation of my family has obliged me to neglect myself, nor can I possibly use them at Frederick's. We shall be too crowded. I will nevertheless take them with me. I live chiefly on ale. I buy very good for one dollar per dozen. I have had twenty-one dozen of your pipe of wine bottled. I think it very good.
I thank you for your remembrance per post of 30th June. It was acceptable, though short. How is it possible you had nothing more to write? I know the head may be exhausted, but I was in hopes the heart never could. I am surprised at your not getting my letters. I fear several have either gone to Albany or are lost. I shall, from this day, keep the dates. I wrote you last Sunday--so did Ireson.
You can have no idea how comfortable the house seems since the small tribe have left it. A few weeks' quiet would restore my head. It really wants rest. You can't know how weak it is. I cannot guide a single thought. Those very trifling cares were ever more toilsome to me than important matters; they destroy the mind. But I am beginning another sheet; I am sure you must be tired of this unconnected medley. I will bid you adieu.
Theo. has begun to write several letters, but never finished one. The only time she has to write is also the hour of general leisure, and, when once she is interrupted, there is no making her return to work. I have nothing more to write, except that I am yours affectionately,
THEO. BURR.
TO MRS. BURR.
Albany, 17th July, 1791.
I returned yesterday from Johnstown, worn down with heat, fatigue, and bad fare. It is some small consolation that these tedious journeys are not wholly unproductive.
At Johnstown I was very unexpectedly and agreeably surprised by your letter of the 21st June, which was addressed to me at Kingston. It had been intrusted to an Irishman, whom I at length met pretty much by accident. It informs me of the villany of Frederick's servants, and of his wanting a rib. The latter I have equally at heart with you, and never lose sight of it; but, really, the big mother will not do; the father is not much better--reputable and rich, but coarse and disgusting.
On my return to this place I found your letter of Wednesday morning. I fear the bad road near Pelham will discourage you from riding. As you are likely to make considerable use of it, would it not be worth while to have a few days' work done on it? About an hour after the receipt of the last-mentioned letter, I was made happy by the receipt of that of the 10th instant, which came by sloop. You seem fatigued and worried, your head wild and scarcely able to write, but do not name the cause. Whatever it may have been, I am persuaded that nothing will so speedily and effectually remove such sensations as gentle exercise (or even if it is not gentle) in the open air. The extreme heat of the weather, and the uncommon continuance of it, have, I fear, interrupted your good intentions on this head, especially as you are no friend to riding early. I wish you would alter this part (if it is any part) of your system. Walking early is bad on account of the dew; but riding can, I think, in such weather, be only practised with advantage early in the morning. The freshness of the air, and the sprightliness of all animated nature, are circumstances of no trifling consequence. I have no letter from you by the last post, which put me almost out of humour, notwithstanding the receipt of the three above mentioned within forty-eight hours, of which, however, the latest is a week old.
I hope Theo. will learn to ride on horseback. Two or three hours a day at French and arithmetic will not injure her. Be careful of green apples, &c.
I have been persuaded to undertake a laborious piece of business, which will employ me diligently for about ten days. The eloquence which wrought upon me was principally money. I am now at wages. What sacrifices of time and pleasure do I make to this paltry object--contemptible indeed in itself, but truly important and attractive as the means of gratifying those I love. No other consideration could induce me to spend another day of my life in objects in themselves uninteresting, and which afford neither instruction nor amusement. They become daily more disgusting to me; in some degree, perhaps, owing to my state of health, which is much as when I left New-York. The least fatigue brings a slight return of fever.
Your exercise, your medicine, and your reading are three subjects upon which you have hitherto dwelt only in prospect. They must be all, in some degree, within your power. I have a partiality for the little study as your bedroom. Say a word of each of these matters in your next.
Continue and multiply your letters to me. They are all my solace in this irksome and laborious confinement. The six last are constantly within my reach. I read them once a day at least. Write me of all I have requested, and a hundred things which I have not. You best know how to please and interest.
Your affectionate
A. BURR.
FROM MRS. BURR.
Pelham, 23d July, 1791.
I have just now received your welcome letter of the 17th inst. The pleasure imparted by so flattering a testimony of your good-will, was tempered with a large portion of alloy in the confession of your ill health. I was apprehensive travelling in the heat and bad accommodations would check your recovery. Do return home as soon as possible; or, rather, come to Pelham; try quiet, and the good air, and the attention and friendship of those who love you. You may command Bartow's attendance here whenever it suits you, and you have a faithful envoy in Frederick, who will go post with your commands as often as you wish. It is, indeed, of serious consequence to you, to establish your health before you commence politician: when once you get engaged, your industry will exceed your strength; your pride cause you to forget yourself. But remember, you are not your own; there are those who have stronger claims than ambition ought to have, or the public can have.
Why did you undertake that very laborious task you mention? 'Tis certain I have a great pleasure in spending money, but not when it is accompanied with the unpleasant reflection of sacrificing your health to the pursuit.
Theo. is much better; she writes and ciphers from five in the morning to eight, and also the same hours in the evening. This prevents our riding at those hours, except Saturday and Sunday, otherwise I should cheerfully follow your directions, as I rise at five or six every day. Theo. makes amazing progress at figures. Though Louisa has worked at them all winter, and appeared quite an adept at first, yet Theo. is now before her, and assists her to make her sums. You will really be surprised at her improvement. I think her time so well spent that I shall not wish to return to town sooner than I am obliged. She does not ride on horseback, though Frederick has a very pretty riding horse he keeps for her; but were she to attempt it now, there would be so much jealousy, and so many would wish to take their turn, that it would really be impracticable. But we have the best substitute imaginable. As you gave me leave to dispose of the old wheels as I pleased, I gave them as my part towards a wagon; we have a good plain Dutch wagon, that I prefer to a carriage when at Pelham, as the exercise is much better. We ride in numbers and are well jolted, and without dread. 'Tis the most powerful exercise I know. No Spring seats; but, like so many pigs, we bundle together on straw. Four miles are equal to twenty. It is really an acquisition. I hope you will see our little girl rosy cheeked and plump as a partridge. I rejoice with you at the poor major's return. I grow lazy, and love leisure; and, above all, the privilege of disposing of my own time with quiet and retirement when it suits me. I have also made choice of the little study for my own apartment; but with so large a family, and so few conveniences, there can be no place of retirement. The vacation hours of school, and Sunday, there is a constant hurlyburly, and every kind of noise, though it is really much better than I feared. I take all things as philosophically as I know how; provided I have no real evil to struggle with, I pass on with the tumult. I am now writing in the midst of it. The variety of sounds almost dim my sight; but I write on, and trust to good luck more than reflection, I find so much to say that I need not hesitate for matter, though I might for propriety of speaking. My spirits are better: as to industry, it is of a very flighty kind, and so variegated that it will not bear description. It required some attention to get matters en train: it was like moving. My disorder I have not, nor am not able to attend to; 'tis attended with so many disagreeable circumstances that it is not practicable at present; but my general health is greatly improved, and my head much relieved. The hint you give respecting a rib for Frederick is more elating than I can express. You say nothing of B. That part of my petition was not less interesting. I humbly pray your honour may take into consideration the equity and propriety of my prayer, and grant me not only a hearing, but deign to give due consideration to the prayer of your humble petitioner, being confident she will find grace and mercy from your tribunal, with a full grant of all your endeavours to reinstate her in that desired tranquillity whose source is in your breast, to that happiness which is suspended on your will.
The heat and drought exceed all recollection. The town is extremely unhealthy. It is fortunate we are here. There is always air--never heat enough to incommode one. I am certain the child would have suffered in town; she was much reduced; her voice and breast were weak. Adieu. I think you must be tired before this. Attend to yourself. If you love us, you will. You will for your
THEODOSIA BURR.
FROM MRS. BURR.
Pelham, 27th July, 1791.
I have lost some of your letters, and I make no doubt some of mine have met the same fate; for this reason I am discouraged trusting any more to the stage. I am obliged to wait with all the patience I can command till the boat returns from town. I have no prospect at present of forwarding this. I write to repeat my thanks for yours of the 17th. It is the last I have received. I read it frequently, and always with new pleasure. I was disappointed at not having a line from you by the Saturday's mail. It is not fair to stand on punctilio, when you know the disadvantages attending my situation here. You ought to be doubly attentive pour me soulager. It is not so practicable to send some miles from home twice a week as you imagine.
Poor Dr. Wright had his house two days ago burnt to the ground, and all the furniture, with every article of clothing both of themselves and the children. She is very disconsolate, and much to be pitied. We certainly see the old proverb very often verified. "That misfortunes never come singly," that poor little woman is a proof. They talk of a general war in Europe; in that case le moulin will be an object. We wait your return to determine all things. The Emperess of Russia is as successful as I wish her. What a glorious figure will she make on the historical page! Can you form an idea of a more happy mortal than she will be when seated on the throne of Constantinople? How her ambition will be gratified; the opposition and threats of Great Britain, &c. will increase her triumph. I wish I had wit and importance enough to write her a congratulatory letter. The ladies should deify her, and consecrate a temple to her praise. It is a diverting thought, that the mighty Emperor of the Turks should be subdued by a woman. How enviable that she alone should be the avenger of her sex's wrongs for so many ages past. She seems to have awakened Justice, who appears to be a sleepy dame in the cause of injured innocence.
Am I dreaming, or do you leave home again before you go to Philadelphia? Tell all your intentions; I love to plan and arrange. Our blind state here is one of our most vexatious evils; that state of uncertainty damps every view, and converts our most pleasing hopes into the most disappointing reflections.
Hy! ho! for the major. [1] I am tired to death of living in a nursery. It is very well to be amused with children at an idle hour; but their interruption at all times is insupportable to a person of common reflection. My nerves will not admit of it. You judge right as to the roads on the Neck.
Theodosia is quite recovered, and makes great progress at ciphering. I cannot say so much in favour of her writing. I really think she lost the last month she went to Shepherd. She has not improved since last spring. She is sensible of it, is the reason she is not very desirous to give you a specimen. We now keep her chiefly at figures, which she finds very difficult, particularly to proportion them, and place them straight under each other.
I will conclude my scrawl in the hope that Frederick will be able to forward it for me. Adieu. Remember to answer all my questions, and to take all my prayers in serious consideration. Be attentive to your health, and you will add to the happiness of your
THEODOSIA.
TO MRS. BURR.
Albany, 31st July, 1791.
At length expectation is gratified, and my hopes--even my wishes, fulfilled. Your letters of the 16th and 23d came both by the last post. Their ease, their elegance, and, above all, the affection they contain, are truly engaging and amiable. Be assured that petitions so clothed and attended are irresistible.
I anticipate with increasing impatience the hour of leaving this place, and am making every possible exertion to advance it. The delay of two days at Red Hook is indispensable, but will cost me much regret.
I finished on Monday last, tolerably to my own satisfaction, and I believe entirely to that of my employers, the business so often mentioned to you. I received in reward for my labour many thanks, twenty half joes, and promises of more of both of these articles.
The last post is the only one I have missed since I left Esopus. I was in court upon a trial which gave me not a moment's intermission till ten o'clock that evening. Though I do not pay you in quality and manner (for yours are, without flattery, inimitable), I believe I am nothing in arrear in number or quantity. The present is indeed a poor return for your two last; but though you miss of the recompense in this sheet, you will find it in the heart of your
A. BURR.
TO MRS. BURR.
Philadelphia, 27th October, 1791.
I have this day received your letter dated Sunday morning. It came, not by Mr. Sedgwick, but by the post, and was not put into the postoffice until Tuesday. It was therefore wicked of you not to add a line of that date. I am surprised to find that you had not received my letter from Brunswick. The illness I then wrote you of increased the next day, so that I did not arrive in town until Sunday. I am still at Miss Roberts's, and unsettled, but hope to be to-morrow in tolerable winter-quarters. I have had some trouble on that head, as well because I am difficult to please, as because good accommodations are difficult to find.
I receive many attentions and civilities. Many invitations to dine, &c. All of which I have declined, and have not eaten a meal except at my own quarters. You see, therefore, how little amusement you are to expect. I called at Mrs. L.'s (the elder), but have not seen either her, or as yet called to see her daughter. I have no news of Brooks, and am distressed by his delay, having scarcely decent clothes. I prudently brought a coat, but nothing to wear with it, and the expectation of Brooks has prevented me from getting any thing here. Send me a waistcoat, white and brown, such as you designed. You know I am never pleased except with your taste.
I wrote you the day after my arrival here, but it being past the post hour, kept it till Tuesday; made a small addition, and gave it to Mat. to carry to the office. He put it into his coat-pocket (I suppose with his pocket-handkerchief, which you know be has occasion to flourish along the street). On the day following, with a face of woe, he told me he had lost the letter, but had concealed it from me in hopes to have found it. I hope it may fall into good-natured hands, and so got eventually into the postoffice. It was short and stupid; unusually so, which perhaps vexed me the more for the loss. Be assured you have nothing to regret.
This letter can have nothing to recommend it but good-will and length, though the latter, without some other merit, ought to condemn it; and it would, I am sure, with any but you, who will give the best construction to any thing from your
A. BURR.
TO MRS. BURR.
Philadelphia, 30th October, 1791.
I am at length settled in winter-quarters. The house stands about twenty yards back from the street, and is inhabited by two widows. The mother about seventy, and the daughter about fifty. The latter, however, has her home in the country, and comes to town occasionally. The old lady is deaf, and upon my first coming to take possession of my lodgings, she with great civility requested that I would never attempt to speak to her, for fear of injuring my lungs without being able to make her hear. I shall faithfully obey this injunction. The house is remarkably quiet, orderly, and is well furnished. They have never before taken a person to board, and will take no other.
The honour which I have always done to your taste, and which indeed it merits, ought to have assured you that your advice requires no apology. I shall adopt your ideas about the wheels. If at the same time you had caused the commission to be executed, you would have added civility to good intentions.
Theodosia must not attempt music in the way she was taught last spring. For the present, let it be wholly omitted. Neither would I have her renew her dancing till the family are arranged. She can proceed in her French, and get some teacher to attend her in the house for writing and arithmetic. She has made no progress in the latter, and is even ignorant of the rudiments. She was hurried through different rules without having been able to do a single sum with accuracy. I would wish her to be also taught geography if a proper master can be found; but suspend this till the arrival of the major.
It is remarkable I that you should find yourself so soon discouraged from writing, because you had written one letter before you had received one. I had written you two before the receipt of your first. But I shall in future expect two or three for one, as the labour of business will prevent my writing frequently.
Remember the note to be put in the bank on Wednesday. If Bartow should not arrive, send Strong for Willet. Adieu.
Yours,
A. Burr.
TO MRS. BURR.
Philadelphia, 14th November, 1791.
I recollect nothing of the letter I wrote to you, and which is referred to in yours of the 9th. You have no forgiveness to ask or to receive of me. If it was necessary, you had it even at the moment I read your letter. You mistake the nature of my emotions. They had nothing of asperity; but it is useless to explain them. I did it partially in a letter I wrote soon after that which I sent you in answer to yours. It was not such a letter as I ought to have written, or you would have wished to receive; I therefore retained it. In what way, or to what degree, I am affected by your letter of the 9th, will not be told until we meet. Be assured, however, that I look forward to that time with impatience and anticipate it with pleasure. It rests wholly with you, and your conduct on this occasion will be a better index to your heart than any thing you can write.
I enclose you a newspaper of this evening, containing a report by Mr. Jefferson about vacant lands. When you have perused it, send it to Melancton Smith. Take care, however, to get it back and preserve it, as it is one of Freneau's. I send you also three of Freneau's papers, which, with that sent this morning, are all he has published. I wish them to be preserved. If you find them amusing, you may command them regularly. Adieu.
A. BURR.
TO MRS. BURR.
Philadelphia, 14th November, 1791.
I am to-day in much better heart than at any time since I left New-York. John Watts took me yesterday a long walk, and, though fatigued, I was not exhausted. He takes every occasion to show me friendship and attention. I see no reason for your delaying to make a visit here. The roads are good and the season fine. If you do not choose to come directly to my lodgings, which are commodious and retired, I will meet you either at Dr. Edwards's, two miles from the Red Lion, or at the Red Lion, which is twelve miles from this city. Your first stage will be to Brunswick, your second Trenton, and your third here.
I expressed myself ill if I led you to believe that I wished any evidence or criterion of Theodosia's understanding. I desire only to promote its growth by its application and exercise. Her present employments have no such tendency, unless arithmetic engages a part of her attention. Than this, nothing can be more useful, or better advance the object I have in view. Other studies, promising similar advantages, must, perhaps, for the reasons you mention, be for the present postponed.
I hope this weather will relieve you from the most depressing of all diseases, the influenza. Exercise will not cure, but will prevent the return of it. I prescribe, however, what I do not practice. You have often wished for opportunities to read; you now have, and, I hope, improve them. I should be glad to know how your attention is directed. Of the success I have no doubt.
To the subject of politics, which composes a part of your letter, I can at present make no reply. The mode of communication would not permit, did no other reasons oppose it.
I have no voice, but could undoubtedly have some influence in the appointment you speak of. For the man, you know I have always entertained much esteem; but it is here said that he drinks. The effect of the belief, even of the suspicion of this, could not be controverted by any exertion or influence of his friends. I had not, before the receipt of your letter, heard of his wishes on the subject you mention. The slander, if slander it be, I had heard often and with pain.
Sincerely yours,
A. BURR.
TO MISS THEODOSIA BURR. [2]
Philadelphia, 1st December, 1791.
Enclosed in Bartow's last letter came one which, from the handwriting, I supposed to be from that great fat fellow, Colonel Troup. Judge of my pleasure and surprise when I opened and found it was from my dear little girl. You improve much in your writing. Let your next be in small hand.
Why do you neither acknowledge nor answer my last letter? That is not kind--it is scarcely civil. I beg you will not take a fortnight to answer this, as you did the other, and did not answer it at last; for I love to hear from you, and still more to receive your letters. Read my last letter again, and answer it particularly.
Your affectionate
A. BURR.
TO MRS. BURR.
Philadelphia, 4th December, 1791.
I fear I have for the present deprived you of the pleasure of reading Gibbon. If you cannot procure the loan of a London edition, I will send you that which I have here. In truth, I bought it for you, which is almost confessing a robbery. Edward Livingston and Richard Harrison have each a good set, and either would cheerfully oblige you.
To render any reading really amusing or in any degree instructive, you should never pass a word you do not understand, or the name of a person or place of which you have not some knowledge. You will say that attention to such matters is too great an interruption. If so, do but note them down on paper, and devote an hour particularly to them when you have finished a chapter or come to a proper pause. After an experiment of this mode, you will never abandon it. Lempriere's Dictionary is that of which I spoke to you. Purchase also Macbeau's; this last is appropriated to ancient theocracy, fiction, and geography; both of them will be useful in reading Gibbon, and still more so in reading ancient authors, or of any period of ancient history.
If you have never read Plutarch's Lives (or even if you have), you will read them with much pleasure. They are in the City Library, and probably in many private ones. Beloe's Herodotus will amuse you. Bartow has it. You had better read the text without the notes; they are diffuse, and tend to distract the attention. Now and then they contain some useful explanation. After you have read the author, you will, I think, with more pleasure read the notes and remarks in course by themselves.
You expressed a curiosity to peruse Paley's Philosophy of Natural History. Judge Hobart has it. If you read it, be sure to make yourself mistress of all the terms. But, if you continue your Gibbon, it will find you in employment for some days. When you are weary of soaring with him, and wish to descend into common life, read the Comedies of Plautus. There is a tolerable translation in the City Library. Such books give the most lively and amusing, perhaps much the most just picture, of the manners and degree of refinement of the age in which they were written. I have agreed with Popham for his share in the City Library.
The reading of one book will invite you to another. I cannot, I fear, at this distance, advise you successfully; much less can I hope to assist you in your reading. You bid me be silent as to my expectations; for the present I obey. Your complaint of your memory, even if founded in fact, contains nothing discouraging or alarming. I would not wish you to possess that kind of memory which retains with accuracy and certainty all names and dates. I never knew it to accompany much invention or fancy. It is almost the exclusive blessing of dullness. The mind which perceives clearly adopts and appropriates an idea, and is thus enlarged and invigorated. It is of little moment whether the book, the time, or the occasion be recollected.
I am inclined to dilate on these topics, and upon the effects, of reading and study on the mind; but this would require an essay, and I have not time to write a letter. I am also much prompted to convince you, by undeniable proof, that the ground of your complaint does not exist except in your own apprehensions, but this I reserve for an interview. When I am informed of your progress, and of the direction of your taste, I may have something further to recommend.
There is no probability of an adjournment of Congress during the holydays, or for any longer time than one day. The possibility of my being able to leave the business of Congress, and make a visit to New-York, diminishes daily. I wish much to see you, and, if you are equally sincere, we can accomplish it by meeting at Trenton. I can be there on Friday night, but with much greater convenience on Saturday noon or forenoon, and stay till Monday morning at least. Congress adjourns every week from three o'clock on Friday until eleven o'clock on Monday following. If, therefore, you write me that you will be at Trenton at the times above mentioned, you may rely on seeing me there: I mean at Mrs. Hooper's. This, though very practicable at present, will not long be so, by reason of the roads, which at present are good. If you make this trip, your footman must be on horseback; the burden will be otherwise too great, and I must have timely notice by letter. Mr. and Mrs. Paterson have invited you to make their house your home at Brunswick.
Mat. laughs at your compliments, as you know he does at every thing. I expect Theodosia's messages to be written by herself. I inquire about your health, but you do not answer me.
Yours affectionately,
A. BURR.
TO MRS. BURR.
Philadelphia, December 13th, 1791.
I regret the disappointment of the Trenton visit, but still more the occasion of it. Are you afflicted with any of your old, or with what new complaint?
Tell Bartow that I have this evening received his letter by Vining, who arrived in town last Monday. Beg him never again to write by a private hand about business when there is a post. After the lapse of five or six days without an answer, he should have sent a duplicate. You have herewith the note for 4500 dollars.
I was charmed with your reflections on the books of two of our eminent characters. You have, in a few words, given a lively portrait of the men and their works. I could not repress the vanity of showing it to a friend of one of the authors.
The melancholy news of the disasters of our western army has engrossed my thoughts for some days past. No public event since the war has given me equal anxiety. Official accounts were received from General Sinclair on Sunday. The reports which preceded, and which have doubtless reached you before this time, had not exaggerated the loss or the disgrace. No authentic estimate of the number of the killed has yet been received; I fear it will not be less than eight or nine hundred. The retreat was marked with precipitation and terror. The men disencumbered themselves even of their arms and accoutrements. It is some small consolation to have learned that the troops which fled to Fort Jefferson have received a supply of provisions, and are secure from any attack of the savages.
I approve, and hope at some time to execute, your plan of literary repose. Tell Bartow to send a deed for me to execute to Carpenter, pursuant to our contract. Pray attend to this; you will see that it may be a little interesting to me.
Yours truly,
A. BURR.
TO MRS. BURR.
Philadelphia, 15th December, 1791
The post which arrived this afternoon (Thursday) brought the mail which left New-York on Tuesday, and with it your sprightly and engaging letter of the 12th. I thank you for your attention to my friend, and still more for the pleasure you express at his visit. Your "nonsense" about Voltaire contains more good sense than all the strictures I have seen upon his works put together.
Next to your own ideas, those you gave me from Mr. J. were most acceptable. I wish you would continue to give me any fugitive ideas or remarks which may occur to you in the course of your reading; and what you call your rattling way is that of all others which pleases me the most.
In short, let the way be your own, and it cannot fail to be acceptable, to please, and to amuse.
I enclose this evening's paper. It contains Strictures on Publicola, which you, perhaps, may find worth reading.
From an attentive perusal of the French Constitution, and a careful examination of their proceedings, I am a warm admirer of the essential parts of the plan of government which they have instituted, and of the talents and disinterestedness of the members of the National Assembly. Adieu.
A. BURR.
TO MRS. BURR.
Philadelphia, 18th December, 1791.
Mr. Learned arrived yesterday with your letter of the 15th. He appeared pleased with your attentions, which you know gratified me.
I cannot recollect what hint I gave to Major P. which could have intimated an expectation of seeing you in New-York during the current year; unless, indeed, some of those wishes which I too often cherish should have escaped me. We shall have no intermission of business during the holy-days. If I should find it at any time practicable to absent myself for a few days, it will most probably be about the middle of next month. You have indeed, in your last letter, placed yourself before me in the most amiable light; and, without soliciting, have much more strongly enticed me to a visit. But for the present I must resist. Will it not be possible for you to meet me at Trenton, that we may travel together to New-York? If you assent to this, I will name a day. Yet do not expose your health. On this subject you leave me still to apprehension and conjecture.
Your account of Madame Genlis surprises me, and is a new evidence of the necessity of reading books before we put them into the hands of children. Reputation is indeed a precarious test. I can think at present of nothing better than what you have chosen.
I am much in want of my maps of the different parts of North America. It will, I believe, be best to send them all, carefully put up in a box which must be made for the purpose. You may omit the map of New-Jersey. The packing will require much care, as many are in sheets. Ask Major P. for the survey he gave me of the St. Lawrence, of different parts of Canada, and of other provinces, and send them also forward. They may be sent by the Amboy stage, taking a receipt, which transmit to me.
You would excuse the slovenliness, and admire the length of this scrawl, if you could look into my study, and see the file of unanswered, and even _un_perused letters; bundles of papers on public and on private business; all soliciting that preference of attention which Theodosia knows how to command from her
AARON.
TO MRS. BURR.
Philadelphia, 27th December, 1791.
What can have exhausted or disturbed you so much? You might surely have given some hint of the cause. It is an additional reason for wishing you here. If I had, before I left New-York, sufficiently reflected on the subject, I would never have consented to this absurd and irrational mode of life. If you will come with Mr. Monroe, I will see you to New-York again; and if you have a particular aversion to the city of Philadelphia, you shall stay a day or two at Dr. Edwards's, ten miles from town, where I can spend the greater part of every day.
You will perhaps admire that I cannot leave Congress as well as others. This, if a problem, can only be solved at a personal interview.
You perceive that I have received your letter of the 18th. It was truly acceptable, and needed no apology. I do not always expect letters of wit or science; and I beg you will write wholly without restraint, both as to quantity and manner. If you write little, I shall be glad to receive it; and if you write more, I shall be still more glad; but when you find it a troublesome or laborious occupation, which I have the vanity to hope will never happen, omit it. I take, and shall continue to use, this freedom on my part; but I am for ever obliged to put some restraint on myself, for I often sacrifice the calls of business to the pleasure of writing to you.
27th December, at night.
This evening I am suffering under a severe paroxysm of the headache. Your letters, received to-night, have tended to beguile the time, and were at least a temporary relief. I am now sitting with my feet in warm water, my head wrapped in vinegar, and drinking chamomile tea, and all hitherto to little purpose. I have no doubt, however, but I shall be well to-morrow. As I shall not probably sleep till morning, and shall not rise in season to acknowledge your kind letters, I have attempted this line. I am charmed with your account of Theodosia. Kiss her a hundred times for me.
The reports of my style of life are, I should have thought, too improbable to be related, and much too absurd to gain belief, or even attention.
I have been these three weeks procuring two trifles to send you; but am at length out of all patience with the stupidity and procrastination of those employed; especially as the principal article is a piece of furniture, a personal convenience, which, when done, will not cost five dollars. The other is something between a map and a picture. Though they will not arrive at the season I wished, they will at any season be tokens of the affection of
A. BURR.
TO MRS. BURR.
Philadelphia, 2d January, 1792.
My Dear Theodosia,
Mr. Trumbull is good enough to engage to deliver this. You have long known and admired the brilliancy of his genius and wit; I wish you also to know the amiable qualities of his heart.
A. BURR.
TO MRS. BURR.
Philadelphia, 19th February, 1792.
Yesterday I received your truly affectionate letters; one dated Thursday evening, the other without date.
You may expect a host of such falsehoods as that about the Indian war. I have not been offered any command. When the part I take in the bill on that subject shall be fully known, I am sure it will give entire satisfaction to my friends.
It will not do for me at present to leave this place. I shall therefore expect you here; and if you cannot spare the time to come here, I will meet you either at Princeton or Trenton (preferring the latter) any evening you shall name. Saturdays and Sundays, you know, are our holydays. I can with ease be at Trenton at breakfast on Saturday morning, or even on Friday evening, if thought more eligible. But I expect this letter will pass you on your way here. My rooms at No. 130 South Second-street are ready to receive you and Mrs. A., if she chooses to be of the party. But the tenour of your last induces me to think that you intend a very short visit, or rather, that you will come express. Arrange it as you please, provided I see you somewhere and soon.
I have a letter from Witbeck of a later date than that by Strong, and of much more satisfactory tenour. I believe he will not disappoint the expectations of my friends. He requests that some persons in New-York may write to him and others in and about Albany, giving an account of the expectations in Ulster, Dutchess, and the Southern District, and naming persons who may be corresponded with.
My lodgings are on the right hand as you come. Drive directly up a white gate between two lamps, and take possession. If I should be out, the servant will know where, and will find me in a few minutes. Do not travel with any election partisan (unless an opponent).
Yours,
A. BURR.
TO MISS THEODOSIA BURR.
Albany, 5th August, 1792.
MY DEAR THEO.,
I have received your letter, which is very short, and says not one word of your mamma's health. You talk of going to Westchester, but do not say when or how.
Mr. and Mrs. Witbeck and their daughter talk very much about you, and would be very glad to see you.
See what a letter I have got from little Burr, [3] and all his own work too. Before I left home I wrote him a letter requesting him to tell me what I should bring him; and in answer, he begs me to bring mamma and you. A pretty present, indeed, that would be!
Your father,
A. BURR.
FROM DR. BENJAMIN RUSH.
Philadelphia, 24th September, 1792.
DEAR SIR,
This letter will be handed to you by Mr. Beckley. He possesses a fund of information about men and things. The republican ferment continues to work in our state; and the time, I think, is approaching very fast when we shall universally reprobate the maxim of sacrificing public justice and national gratitude to the interested ideas of stock-jobbers and brokers, whether in or out of the legislature of the United States.
Your friends everywhere look to you to take an active part in removing the monarchical rubbish of our government. It is time to speak out, or we are undone. The association in Boston augurs well. Do feed it by a letter to Mr. Samuel Adams. My letter will serve to introduce you to him, if enclosed in one from yourself. Mrs. Rush joins me in best compliments to Mrs. Burr, with
Yours sincerely,
BENJAMIN RUSH.
TO MISS THEODOSIA BURR.
Westchester, 8th October, 1792.
--I rose up suddenly from the sofa, and rubbing my head--"What book shall I buy for her?" said I to myself. "She reads so much and so rapidly that it is not easy to find proper and amusing French books for her; and yet I am so flattered with her progress in that language, that I am resolved that she shall, at all events, be gratified. Indeed, I owe it to her." So, after walking once or twice briskly across the floor, I took my hat and sallied out, determined not to return till I had purchased something. It was not my first attempt. I went into one bookseller's shop after another. I found plenty of fairy tales and such nonsense, fit for the generality of children of nine or ten years old. "These," said I, "will never do. Her understanding begins to be above such things;" but I could see nothing that I would offer with pleasure to an intelligent, well-informed girl of nine years old. I began to be discouraged. The hour of dining was come. "But I will search a little longer." I persevered. At last I found it. I found the very thing I sought. It is contained in two volumes octavo, handsomely bound, and with prints and registers. It is a work of fancy, but replete with instruction and amusement. I must present it with my own hand.
Your affectionate
A. BURR
Footnotes:
1. Major Prevost, who was a widower, and whose children were left in the care of Mrs. Burr while he made a voyage to England.
2. In the ninth year of her age.
3. Nephew of Colonel Burr
Chapter XVI
The correspondence in the last chapter between Mr. and Mrs. Burr has been selected and published that the world may judge him as husband and parent, so far as his letters afford a criterion. As literary productions they cannot fail to interest and amuse.
On the 8th day of March, 1790, the legislature passed an act appointing Gerard Bancker, treasurer, Peter Curtenius, auditor, and Aaron Burr, attorney-general, a board of commissioners to report on the subject of the various claims against the state for services rendered, or injuries sustained, during the war of the revolution. The task was one of great delicacy, and surrounded with difficulties. On Colonel Burr devolved the duty of making that report. It was performed in a masterly manner. When presented to the house, notwithstanding its magnitude, involving claims of every description to an immense amount, it met with no opposition from any quarter. On the 5th of April, 1792, the report was ordered to be entered at length on the journals of the assembly, and formed the basis of all future settlements with public creditors on account of the war. In it the various claimants are classified; legal and equitable principles are established, and applied to each particular class. The report occupies eighteen folio pages of the journals of the assembly. An extract from it is made, as justly meriting a place in this work.
The said report is in the words and figures following:----"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 said act limited for receiving and auditing claims, as is directed by the said act. And do herewith transmit to the legislature their report upon the accounts and claims against the state, which have been thereupon exhibited.
"The anxiety of the commissioners to render the execution of this trust useful and acceptable has occasioned 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 number, the variety, and intricacy of the matters which have been submitted to the consideration of the commissioners, 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. Notwithstanding 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 have 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 themselves, but that it should be apparent to the citizens upon whose claims they have pronounced, that each hath received a distinct attention, and that demands substantially different from each other have not been inconsiderately blended. If the perusal of the proceedings now submitted shall give an impression of this kind, it will, in the opinion of the commissioners, tend to produce a more cheerful acquiescence in the determination of the legislature, when that determination shall reject the demand, and prevent a revival of claims which shall now be extinguished. The commissioners have thought that these were desirable objects, and have therefore been cautious of generalizing, so as to destroy real distinctions, or suppress 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,
"First. Where any species of claims is barred by an act of the legislature, they have considered the act as a bar to their investigation, farther 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 service; to most of the demands against forfeited estates; to all claims for property sequestered, when the sequestration was warranted by the resolutions of the convention 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 considered, that to sanction by their opinion the admission of claims against the spirit and letter of the statute 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, while others, having similar demands, had withdrawn them from a spirit of submission to the laws, by which these demands were precluded. The commissioners have been confirmed in the propriety of their ideas by a reflection that, if it shall for any reasons seem expedient to the legislature to repeal or suspend the limitation of these or any of those statutes, the avenues to redress will at once be open through the ordinary officers of the state, without farther legislative interposition; and that the opportunities of recompense would then be notorious and equal; but that the redress, if any should be obtained 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.
"Second. 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 opinion of the commissioners is against the allowance of any recompense, because those claims should more properly be preferred to Congress; and for that this state can have no credit with the United States for payment or assumptions after the 1st day of October, 1788.
"And that, therefore, the claimants having neglected to exhibit their demands within the period during which this state could without loss have assumed them, cannot complain if they are now referred to the proper tribunal. Payments by the state were in such cases, at all times, of favour, and not of right.
"Third. All claims for the subsistence and services of the levies and militia, or other troops, composing a part of 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 beforehand for such troops, are considered as proper against the United States only, and are classed accordingly; the commissioners 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 remarks, 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 superfluous to state the proof, and have therefore, in those cases only, given such abstracts of the claim or account 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 conclusive; and, as well in this as in stating the facts, have aimed at as much brevity as appeared to them to consist 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 provided for by existing laws, the opinion of the commissioners 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 together, it was necessary so to place them in the report that there might be no confusion in the references.
"To produce facility in the review of these proceedings, the documents referred to are all herewith delivered, and are in bundles, marked agreeably to the heads under which they are classed.
"Claims for Militia Pay.
[In the report a number of cases are here inserted.]
"By an act passed the 27th of 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 purposes 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 the 21st of April, 1787, entitled An act for the relief of persons who paid money into the treasury, &c., the aforesaid act of the 27th of 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 the 27th of 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, who could therefore have had no opportunity of adapting their demands to such rules; and because, if the legislature shall be disposed to direct compensations for such services, it will, in the opinion of the commissioners, be most properly effected by a revival of the said act of the 27th of 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.
[In the report details follow, and the commissioners remark]--
"The foregoing claims and accounts the commissioners conceive to be proper against the United States only. This is, in their opinion, sufficiently evident in most of the cases from a bare statement of the demands. Some few appear to require a more special report. The resolutions of Congress of the 7th of May, 1787, and 24th of June, 1788, relative to the settlement of accounts between the United States and individual states, will show the extent of the powers of the Continental Commissioners, and will serve to explain the opinions in such of the preceding cases as may appear to require farther illustration."
"Claims for payment of State Agents' Certificates.
"By the 25th section of the act passed the 5th of May, 1786, entitled An act for the payment of certain sums of money, and for other purposes therein mentioned, all persons holding or possessing certificates of Udny Hay or any of his assistants, or of Jacob Cuyler, Morgan Lewis, or Andrew Bostwick, were required to present them, in the manner therein prescribed, to the treasurer, before the 1st of September, 1786; and those who failed therein are thereby declared to be barred and for ever precluded from any compensation, of which the treasurer was directed to give public notice by advertisement, which was accordingly done.
"By another act, passed the 31st of March, 1787, the time for presenting the certificates of Udny Hay and his assistants was extended until the first of May then next, which time has not been further extended by any law of this state: so that all certificates of those denominations which were not presented within the times and in the manner specified in those laws, are expressly barred and for ever precluded from compensation.
"The commissioners have therefore, for the reasons contained in the observations prefixed to this report, conceived that a reference to the aforesaid acts was the most proper discharge of their duty with respect to all claims of compensation for such certificates.
"Claims for grain impressed for the use of the army by virtue of warrants issued by his excellency the governor, pursuant to an act passed 23d June, 1780.
"The law authorizing these impresses declares the articles impressed to be for the use and service of the army, and that the owner shall be entitled to receive from the public officer authorized to pay the same the current price for the articles impressed, but does not say by whom that public officer is to be appointed. The commissioners have, however, no doubt but these were proper claims against the United States, and would have been allowed by the Continental Commissioner if exhibited in proper season; therefore, and for the reasons contained in the second preliminary observation, the commissioners are of the opinion that these claimants cannot of right demand payment of this state.
"The claims of Van Rensselaer and Dumond, the commissioners are of opinion are reasonable; that, having been employed under the governor, the claimants could have no demand against the United States, and that the charges are proper against this state.
"Claims for services in assisting H.I. Van Rensselaer and Egbert Dumond in making the said impresses.
"The commissioners consider the reasons just before stated in favour of the claims of Van Rensselaer and Dumond to apply to the eleven preceding, and that they are therefore proper charges against this state.
"Claims for payment of debts due from persons whose property hath been forfeited or sequestered.
"The several foregoing demands against forfeited estates arose after the 9th day of July, 1776, and are expressly precluded by the 42d section of an act passed the 12th of May, 1784, entitled An act for the speedy sale of the confiscated and forfeited estates within this state, and for other purposes therein mentioned.
"The next twenty-five claims are for satisfaction of debts out of the proceeds of property sequestered. The estates of the several debtors have become forfeited, but in some instances no property hath come to the hands of the commissioners of forfeitures; and in others, the property which has come to their hands hath been insufficient for the discharge of debts which have been certified.
"The succeeding twenty-six claims are to have debts satisfied out of the proceeds of property sequestered, though there had been no conviction of adherence or other forfeiture of the estate of the debtors.
"The commissioners are of opinion that a law should be passed authorizing the treasurer to pay demands against forfeited estates, in all cases where there still remains in his hands a surplus from the proceeds of such estates, notwithstanding the limitation contained in the act of 12th May, 1784. But the commissioners would recommend that some mode different from that prescribed in the said act be directed for the ascertaining the amount of those demands. The several claimants and such others as have neglected to avail themselves of the benefit of the said act, may, in the opinion of the commissioners, be with propriety holden to strict legal proof of their respective demands, in due course of law, in some court of record, where the interest of the state may be defended by some officer to be for that purpose appointed.
"The commissioners are further of opinion, that where there has been a sequestration of any part of the property of a person whose estate hath become forfeited, the avails of the property so sequestered, as far as the same can be distinguished, should be subject to the payment of his debts, in like manner as may be provided with respect to other demands against forfeited estates; but it would not, in the opinion of the commissioners, be at this time advisable to assume the payment of the debts of persons whose property hath been sequestered, and where there hath been no other forfeiture or confiscation.
"Claims relative to sequestration, and property taken by orders of the Convention.
"These persons were voluntarily within the British lines, and their property was therefore liable to sequestration under the acts of the Convention. They produce a certificate of their attachment to the American cause, signed by some respectable characters. But being within the resolutions of the Convention, the commissioners cannot advise a recompense.
"GERARD BANCKER, Treasurer. "PETER T. CURTENIUS, State Auditor. "AARON BURR, Attorney-general."
On the 19th of January, 1791, Colonel Burr was appointed a senator of the United States, in the place of General Schuyler, whose term of service would expire on the 4th of March following. Until about this period he was but little known as a partisan politician. After the organization of the federal government under the new constitution, he appears to have felt a great interest in its operations. In the French revolution also, his feelings were embarked; and he was among the number of those who condemned the cold and repulsive neutrality which characterized the administration of that day. That he was now about to launch into the troubled ocean of politics was evident to Mrs. Burr, and therefore, in a letter to him under date of the 23d of July, 1791, she says, "It is of serious consequence to you to establish your health before you commence politician," &c.
In the autumn of 1791 Congress convened at Philadelphia, and Colonel Burr took his seat in the Senate of the United States. It has often been remarked of him, and truly, that no man was ever more cautious or more guarded in his correspondence. A disposition, from the earliest period of his life, to write in cipher, has already been noticed. To this may be added an unwillingness, on all important questions, to commit himself in writing. As soon as he entered the political arena, this characteristic was visible even in his letters to Mrs. Burr. On the 14th of November, 1791, he writes her--"To the subject of politics I can at present make no reply. The mode of communication would not permit, did no other reason oppose." And again, December 21st, he says--"You will perhaps admire that I cannot leave Congress as well as others. This, if a problem, can only be solved at a personal interview."
At the commencement of the revolutionary war, the State of New-York held an extensive tract of wild and unimproved lands. Sundry laws were passed in the years 1779, 1780, 1784, 1785, and 1786, providing for their sale and settlement. A board was created, entitled "the Commissioners of the Land Office." It was composed of the governor, the secretary of state, the attorney-general, the treasurer, and the auditor. The powers conferred by the several acts above referred to having been found inadequate to the proposed object, the legislature, on the 22d of March, 1791, gave unlimited powers to the commissioners, authorizing them to "dispose of any of the waste and unappropriated lands in the state, in such parcels, and on such terms, and in such manner as they shall judge most conducive to the interests of the state." In pursuance of this authority, the commissioners sold during the year 1791, by estimate, five millions five hundred and forty-two thousand one hundred and seventy acres of waste land, for the sum of one million and thirty thousand four hundred and thirty-three dollars; leaving in the possession of the state, yet to be disposed of, about two millions of acres. Among the sales was one to Alexander Macomb, for three millions six hundred and thirty-five thousand two hundred acres. The magnitude of this sale, and the price at which it was sold, created a great excitement throughout the state, and at the session of the legislature which commenced on the 4th of January, 1792, the subject was brought before the assembly.
The price at which Mr. Macomb made his purchase was eight pence per acre, payable in five annual instalments, without interest, with permission to discount for prompt payment at six per cent. per annum, which made the price about equal to seven cents per acre cash. Colonel Burr, as attorney-general, was a member of the board. On the 9th of April, 1792, the report of the commissioners being the order of the day, the subject was taken up in the house. Mr. Talbot, from Montgomery county, moved sundry resolutions. They were intended as the foundation for an impeachment of a part of the commissioners of the land office. They assumed to contain a statement of facts, evidencing on the part of the commissioners great indiscretion and want of judgment, if not corruption, in the sale of the public lands, and they charged the commissioners with a willful violation of the law. These resolutions, however, excepted Colonel Burr from any participation in the maleconduct complained of, inasmuch as the minutes of the board proved that he was not present at the meetings (being absent on official duty as attorney-general) when these contracts, so ruinous, as they alleged, to the interests of the state, were made: nor did it appear that he (Colonel Burr) was ever consulted in relation to them. These resolutions elicited a heated debate; in the progress of which all the commissioners, except the attorney-general, were assailed with great bitterness; and charges of corruption by innuendo were unceremoniously made. At a late hour the house adjourned without decision until the next day.
On the 10th of April, 1792, Mr. Melancton Smith moved the following resolution, with a preamble as a substitute:--
"Resolved, That this house do highly approve of the conduct of the commissioners of the land office in the judicious sales by them, as aforesaid, which have been productive of the before mentioned beneficial effects."
This resolution was adopted by a vote of ays 35--noes 20.
Of Melancton Smith it is proper to remark here that he was a plain, unsophisticated man. A purer patriot never lived. Of the powers of his mind some opinion may be formed by the following anecdote. Dr. Ledyard, who was afterwards health officer of the port of New-York, was a warm federalist. He was at Poughkeepsie while the federal constitution was under discussion in the state convention. Smith was an anti-federal member of that body. Some time after the adoption of the constitution, Ledyard stated to a friend of his, that to Colonel Alexander Hamilton had been assigned, in a special manner, the duty of defending that portion of the constitution which related to the judiciary of the United States. That an outdoor conversation between Colonel Hamilton and Mr. Smith took place in relation to the judiciary, in the course of which Smith urged some of his objections to the proposed system. In the evening a federal caucus was held; at that caucus Mr. Hamilton referred to the conversation, and requested that some gentleman might be designated to aid in the discussion of this question. Robert R. Livingston, chancellor of the state, was accordingly named. Mr. Livingston was at that time a distinguished leader in the ranks of the federal party. Whoever will take the trouble to read the debates in the Convention, in which will be found the reply of Smith to Livingston, will perceive in that reply the efforts of a mighty mind. It was a high but merited compliment to the talents of Melancton Smith, that such a man as Colonel Hamilton should have wished aid in opposing him.
During the winter of 1791-92, being Colonel Burr's first session in the Senate of the United States, he spent much of his leisure time in the state department. For several sessions after the organization of the federal government, all the business of the Senate was transacted with closed doors. At that period the correspondence of existing ministers was kept secret, even from the senators. With every thing connected with the foreign affairs of the country, Colonel Burr was exceedingly anxious to make himself intimately acquainted. He considered it necessary to the faithful and useful performance of his duty as a senator. He obtained permission from Mr. Jefferson, then secretary of state, to have access to the records of the department before the hour for opening the office arrived. He employed one of the messengers to make a fire at five o'clock in the morning, and occasionally an intelligent and confidential clerk to assist him in searching for papers. Here he was engaged until near ten o'clock every day. It was his constant practice to have his breakfast sent to him. He continued this employment the greater part of the session, making notes on, or extracts from, the records of the department, until he was interrupted by a peremptory order from the president (Washington) prohibiting his farther examination.
Wishing some information that he had not obtained in relation to a surrender of the western posts by the British, he addressed a note to the secretary of state, asking permission to make that particular examination; to which he received the following answer:----
"Thomas Jefferson presents his respectful compliments to Colonel Burr, and is sorry to inform him it has been concluded to be improper to communicate the correspondence of existing ministers. He hopes this will, with Colonel Burr, be his sufficient apology."
In April, 1792, there was an election for governor of the State of New-York. By some it was supposed that Governor Clinton would decline being again considered a candidate. It was known that John Jay would be the candidate of the federal party. At that period Colonel Burr had warm personal friends in both parties, who were urging his pretensions. Among the most ardent was Judge Yates. In the latter part of February, 1792, he authorized his friends to state that he declined a nomination. He was placed, however, in an unpleasant dilemma. The connexions, and many of the personal friends of Governor Clinton, were jealous of Colonel Burr's talents and growing influence. Between the governor and himself there was very little intercourse. On the other hand, the kindest feelings towards him were evinced by Chief-justice Jay, who was a most amiable man. It was his wish, therefore, as far as practicable, consistent with his principles, to remain neuter. He had never been an electioneering character, and with the people he wished to leave the pending question, without the exercise of any influence he might be supposed to possess.
By the then existing laws of New-York, the ballots that were taken in the several counties were, immediately after the election, transmitted to the office of the secretary of state, and there kept until the second Tuesday in May, when the board of canvassers were, by law, to convene and canvass them. The election for governor was warmly contested; the federal party supporting Judge Jay, the anti-federal party George Clinton. When the canvassers met, difficulties arose as to the legality of the returns from certain counties, particularly of Otsego, Tioga, and Clinton. The canvassers differing in opinion on the question whether the ballots should be counted or destroyed, they agreed to ask the advice of Rufus King and Colonel Burr. These gentlemen conferred, and, like the canvassers, differed: whereupon Mr. Burr proposed that they should decline giving advice. To this Mr. King objected, and expressed a determination to give his own opinion separate. This rendered it necessary for Colonel Burr to adopt a like procedure. He thus became a partisan, and a most efficient partisan, in that controversy.
Seven of the canvassers determined to reject and destroy the ballots alleged to have been illegally returned. To this decision four objected. The ballots were accordingly destroyed, and George Clinton declared to be duly elected governor. The excitement produced was without a parallel in the state. The friends of Judge Jay contended that he had been chosen by the people, but was cheated out of his election by the corruption of the canvassers. Great asperity and virulence were exhibited by both political parties on the occasion.
From the moment that Colonel Burr was driven to interfere in the controversy, he took upon himself, almost exclusively, the management of the whole case on the side of the anti-federal party. His accustomed acumen, vigilance, and zeal, were promptly put in requisition. Full scope was allowed for the display of those great legal talents for which he was so pre-eminently distinguished. It has been known to only a very few individuals that on Colonel Burr rested nearly the whole labour; and that nothing was done, even by the canvassers, but under his advice and direction. It has therefore been deemed proper to insert here some of the official details of the case. They are worthy record, as an interesting part of the political history of the State of New-York.
"Statement of the case by the Canvassers, for the advice of Rufus King and Aaron Burr.
"OTSEGO.--By the 26th section of the constitution of the State of New-York, it is ordained that sheriffs and coroners be annually appointed, and that no person shall be capable of holding either of the said offices for more than four years successively, nor the sheriff of holding any other office at the same time. By the ninth section of the act for regulating elections, it is enacted that one of the inspectors shall deliver the ballots and poll-lists, scaled up, to the sheriff of the county; and, by the tenth section of the said act, it is further enacted, that each and every sheriff of the respective counties in this state shall, upon receiving the said enclosures, directed to be delivered to him as aforesaid, without opening or inspecting the same, or any or either of them, put the said enclosures, and every one of them, into one box, which shall be well closed and sealed up by him, under his hand and seal, with the name of his county written on the box, and be delivered by him into the office of the secretary of this state, where the same shall be safely kept by the secretary, or his deputy. By the eleventh section of the said act, all questions arising on the canvass and estimate of the votes, or on any of the proceedings therein, shall be determined by a majority of the members of the joint committee attending; and their judgment shall be final, and the oath of the canvassers requires them faithfully, honestly, and impartially to canvass and estimate the votes contained in the boxes delivered into the office of the secretary of this state by the sheriffs of the several counties.
"On the 17th of February, 1791, Richard R. Smith was appointed sheriff of the county of Otsego, and his commission gives him the custody of that county until the 18th of February, 1792. On the 13th of January, 1792, he writes a letter to the Council of Appointment, informing them that, as the year for which he was appointed had nearly elapsed, he should decline a reappointment.
"On the 30th of March, 1792, the Council of Appointment appointed Benjamin Gilbert to the office of sheriff of the said county, with a commission, in the usual form, to keep the county until the 17th of February next. His commission was delivered to Stephen Van Rensselaer, Esq., on the 13th of April last, to be forwarded by him to the said Benjamin Gilbert. By the affidavit of the said Benjamin Gilbert, herewith delivered, it appears that he qualified into the office of sheriff on the 11th day of May, 1792. On the first Tuesday in April, 1792, Richard R. Smith was elected supervisor of the town of Otsego, in said county, and on the first Tuesday in May took his seat at the board of supervisors, and assisted in the appointment of loan officers for the county of Otsego. By the affidavit of Richard R. Smith, herewith delivered, it appears that the ballots taken in the county of Otsego were delivered to him as sheriff, and by him enclosed in a sufficient box, on or about the 3d of May, which box he then delivered into the hands of Leonard Goes, a person specially deputed by him for the purpose of delivering the said box into the hands of the secretary of this state, which was accordingly done, as appears by information from the secretary.
"A small bundle of papers, enclosed and sealed, was delivered to the secretary with the box, on which is written, 'The votes of the town of Cherry Valley, in the county of Otsego. Richard R. Smith, Sheriff.' Several affidavits, herewith delivered, state certain facts respecting this separate bundle, said to be the votes of Cherry Valley.
"On this case arise the following questions:--
"1. Was Richard R. Smith the sheriff of the county of Otsego when he received and forwarded the ballots by his special deputy?
"2. If he was not sheriff, can the votes sent by him be legally canvassed?
"3. Can the joint committee canvass the votes when sent to them in two parcels, the one contained in a box, and the other contained in a paper, or separate bundle? Or,
"4. Ought they to canvass those sealed in the box, and reject the others?
"TIOGA.--It appears that the sheriff of Tioga delivered the box containing the ballots to B. Hovey, his special deputy, who set out, was taken sick on his journey, and delivered the box to H. Thompson, his clerk, who delivered it into the secretary's office.
"Question. Ought the votes of Tioga to be canvassed?
"CLINTON.--It appears that the sheriff of Clinton delivered the box containing the ballots to Theodorus Platt, Esq., who had no deputation, but who delivered them into the secretary's office, as appears by his affidavit.
"Question. Ought the votes of Clinton to be canvassed?"
Mr. King's opinion to the Canvassers.
"OTSEGO.--It may be inferred, from the constitution and laws of the state, that the office of sheriff is held during the pleasure of the Council of Appointment, subject to the limitation contained in the 26th section of the constitution. The sheriff may therefore hold his office for four years, unless within that period a successor shall have been appointed, and shall have entered upon the execution of the office. The term of four years from the appointment of R. R. Smith not having expired, and B. Gilbert not having entered upon the execution of the office before the receipt and delivery of the votes by R. R. Smith to his deputy, I am of opinion that R. R. Smith was then lawful sheriff of Otsego.
"This opinion is strengthened by what is understood to be practice, namely, that the office of sheriff is frequently held for more than a year under one appointment.
"R. R. Smith's giving notice to the Council of Appointment of his disinclination to be reappointed, or his acting as supervisor, cannot, in my opinion, be deemed a resignation or surrender of his office.
"Should doubts, however, be entertained whether R. R. Smith was lawfully sheriff when he received and delivered the votes to his deputy, the case contains facts which in another view of the subject are important. It appears that R. R. Smith was appointed sheriff of Otsego on the 17th of February, 1791, and afterwards entered upon the execution of his office: that no other person was in the execution of or claimed the office after the date of his appointment, and before the time when he received and delivered the votes of the county to his deputy; that during that interval R. R. Smith was sheriff, or the county was without a sheriff; that R. R. Smith, during the election, and when he received and delivered the votes to his deputy, continued in the actual exercise of the shrievalty, and that under colour of a regular appointment. From this statement it may be inferred, that if R. R. Smith, when he received and delivered the votes to his deputy, was not de jure, he was de facto, sheriff of Otsego.
"Though all the acts of an officer de facto may not be valid, and such of them as are merely voluntary and exclusively beneficial to himself are void; yet such acts as tend to the public utility, and such as be would be compellable to perform, such as are essential to preserve the rights of third persons, and without which they might be lost or destroyed, when done by an officer de facto, are valid.
"I am therefore of opinion, that admitting R. R. Smith, when he received and delivered the votes to his deputy, was not de jure sheriff, yet that he was de facto sheriff; and that his receiving and delivering the votes being acts done under colour of authority, tending to the public utility, and necessary to the carrying into effect the rights of suffrage of the citizens of that county, they are and ought to be deemed valid; and consequently the votes of that county may lawfully be canvassed.
"2d Question. The preceding answer to the first question renders an answer to the second unnecessary.
"3d and 4th Questions. The sheriff is required to put into one box every enclosure delivered to him by an inspector appointed for that purpose by the inspectors of any town or district; and for omitting to put any such enclosure into the box, he is liable to prosecution; but in case of such omission, the votes put into the box, and seasonably delivered into the secretary's office, may, notwithstanding such omission, be lawfully canvassed; and equally so whether the omitted enclosure be kept back or sent forward with the box to the secretary's office. I am therefore of opinion that the votes contained in the box may lawfully be canvassed; that those contained in a separate packet, from considerations explained in the depositions, and distinct from the objection of not being included within the box, cannot be lawfully canvassed.
"CLINTON.--The deputy having no interest in the office of sheriff, but being merely the sheriff's servant, it does not seem to be necessary that the evidence of his being employed or made a deputy should be a deed or an instrument in writing, though the latter would be proper; yet a deputy may be made by parole: I am therefore inclined to the opinion that the votes of Clinton may be canvassed.
"TIOGA.--The sheriff is one who executes an office in person or by deputy, so far at least as the office is ministerial; when a deputy is required of the sheriff conomine, he may execute it in person or by deputy; but if the deputy appoints a deputy, it may be doubtful whether ordinarily the acts of the last deputy are the acts of the sheriff. The present instance is an extreme case; had the duty been capable of being performed within the county, the sheriff or another deputy could have performed. Here the deputy, being in the execution of his duty, and without the county, is prevented by the act of God from completing it; the sheriff could not appoint, and the deputy undertakes to appoint a deputy to finish his duty, who accordingly does so. The election law is intended to render effectual the constitutional right of suffrage; it should therefore be construed liberally, and the means should be in subordination to the end.
"In this case it may be reasonably doubted whether the canvassers are obliged to reject the votes of Tioga.
"RUFUS KING."
Mr. Burr's opinion to the Canvassers.
"OTSEGO.--The duration of the office of sheriff in England having been limited by statute to one year, great inconveniences were experienced, as well by suiters as by the public. To remove which it was thought necessary to pass an act of parliament. The statute of 12 Ed. IV., ch. 1, recites at large these inconveniences, and authorizes the sheriff to execute and return writs in the term of St. Michael, before the delivery of a writ of discharge, notwithstanding the expiration of the year. The authority given by this statute being to execute only certain specified duties, the remedy was not complete, and another statute [1] was soon after passed, permitting sheriffs to do every act pertaining to the office, during the term of St. Michael and St. Hilary, after the expiration of the year, if not sooner discharged. The practice in England appears to have been conformable to these statutes, [2] though the king did pretend to dispense with them by force of the royal prerogative; and this claim and exercise of a power in the crown to dispense with and control the operation of statutes, has been long and universally condemned as odious and unconstitutional; yet the form of the commission is said still to be during pleasure.
"These considerations tend to show the principles of several opinions and adjudications, which are found in English law-books, relative to the holding over of the office of sheriff.
"None of the statutes of England or Great Britain continued to be laws of this state after the first of May, 1778. So that at present there remains no pretence for adopting any other than the obvious meaning of the constitution, which limits the duration of the office to one year, beyond which the authority to hold cannot be derived from the constitution, the appointment, or the commission. If inconveniences arise, remedies can be provided by law only, as has in similar cases been done in England, deciding on legal principles; therefore, the appointment and commission, and with them the authority of Mr. Smith, must be deemed to have expired on the 18th of February.
"Yet there are instances of offices being exercised by persons holding under an authority apparently good, but which, on strict legal examination, proves defective; whose acts, nevertheless, are, with some limitations, considered as valid. This authority is called colourable, and the officer in such cases is said to be an officer de facto; which intends an intermediate state between an exercise strictly lawful and one without such colour of right. Mr. Smith does not appear to me to have holden the office of sheriff on the 3d of May under such colour or pretence of right. The term of his office had expired, and he had formally expressed his determination not to accept a reappointment; after the expiration of the year he accepted, and even two days before the receipt of the ballots, openly exercised an office incompatible with that of sheriff; and it is to be inferred, from the tenour of the affidavits, that he then knew of the appointment of Mr. Gilbert. The assumption of this authority by Mr. Smith does not even appear to have been produced by any urgent public necessity or imminent public inconvenience. Mr. Gilbert was qualified in season to have discharged the duty, and, for aught that is shown, his attendance, if really desired, might have been procured still earlier.
"Upon all the circumstances of this case, I am of opinion,
"1. That Mr. Smith was not sheriff of Otsego when he received and forwarded the ballots.
"2d. That the ballots delivered by the deputy of Mr. Smith cannot be legally canvassed.
"The direction of the law is positive, that the sheriff shall put all the enclosures into one box. How far his inattention or misconduct in this particular shall be deemed to vitiate the ballots of a county, appears to be left to the judgment of the canvassers. Were the ballots of this county subject to no other exception than that stated in the third and fourth questions, I should incline to think it one of those cases in which the discretion of the canvassers might be safely exercised, and that the ballots contained in the boxes might be legally canvassed; those in the separate package do not appear to be subject to such discretionary power; the law does not permit them to be estimated. But the extent to which this power might be exercised in cases similar in kind, but varying in degree, cannot be precisely defined. Instances may doubtless be supposed, in which sound discretion would require that the whole should be rejected.
"Clinton.----To the question relative to the ballots of this county, it may suffice to say, that verbal and written deputation by a sheriff are, in law, considered as of equal validity, particularly when it is to perform a single ministerial act.
"Tioga.----it is said that a deputy may make a deputy to discharge certain duties merely ministerial; but, considering the importance of the trust in regard of the care of the ballots, and the extreme circumspection which is indicated in the law relative to elections, I think that the ballots of this county cannot, by any fiction or construction, be said to have been delivered by the sheriff; and am of opinion that they ought not to be canvassed.
"AARON BURR."
The opinion of Rufus King in this case was concurred in by Stephen Lush, T. V. W. Graham, and Abraham Van Vechten, of Albany; Richard Harrison, John Lawrence, John Cozine, Cornelius J. Bogart, Robert Troup, James M. Hughes, and Thomas Cooper, of New-York.
The opinion of Colonel Burr was sustained by Pierpont Edwards of Connecticut, Jonathan D. Sergeant, of Philadelphia, Edmund Randolph, of Virginia, United States attorney-general, Zephaniah Swift, Moses Cleaveland, Asher Miller, David Daggett, Nathaniel Smith, and Dudley Baldwin. These opinions were procured by Colonel Burr, as appears from the private correspondence on the subject.
FROM JONATHAN D. SERGEANT.
Philadelphia, 4th May, 1792.
DEAR SIR,
You will perceive by the date of the enclosed that it has been ready some time, but I have waited in hopes that I should have the pleasure of sending forward Mr. Randolph's opinion in company with mine. As he is not yet quite ready, and I am going out of town, I send forward my own singly. He is very solicitous to collect all possible information on the subject before he gives his opinion, and would willingly excuse himself from the task, were it not, as he says, that it would look like a want of that independence and firmness which dispose a man to meet any question, however important or strongly contended.
His opinion hitherto has been conformable to yours, and I expect will continue so. When it is ready I will forward it without the delay of sending it round to Dr. Edwards's in the country. The doctor had spoken to me some time before your letter came to me, so that I was nearly prepared when I received yours.
Your obedient servant,
JONATHAN D. SERGEANT.
On the 6th of November, 1792, the legislature met. On the 13th, petitions, memorials, &c. were presented to the House of Assembly, demanding an inquiry into the conduct of the board appointed to canvass the votes given for governor, &c. at the preceding election, held in the month of April. On the 21st the house, in committee of the whole, took up the subject. Witnesses were examined at the bar; various resolutions and modifications were offered and rejected. The debate was continued at intervals from the 21st of November, 1792, until the 18th of July, 1793. The minority of the canvassers entered a protest against the proceedings of the majority, which it is due to them to insert here.
"The Protest of Messrs. Jones, Roosevelt, and Gansevoort.
"We, the subscribers, members of the joint committee appointed to canvass and estimate the votes taken at the last election in this state for governor, lieutenant-governor, and senators, do dissent from, and protest against, the determination of the major part of said committee respecting the votes taken at the said election in the county of Otsego.
"I. Because these votes having been given by the freeholders of Otsego, and the packages containing the same having been received and transmitted in season to the secretary's office by the person acting as sheriff of the county, the committee have no right to reject them under the pretence of judging of the legality, validity, operation, or extent of the sheriff's authority or commission; these commissions being foreign to the duty of their appointment, and capable of a decision only in the ordinary courts of law.
"II. Because, if the committee were by law authorized to examine and determine the legality and extent of the sheriff's authority and commission, we are of opinion that Richard R. Smith, at the time he received and transmitted the ballots, was the lawful sheriff of Otsego. By the constitution, the sheriff, whatever may be the form of his commission, must hold his office during the pleasure of the Council of Appointment; and, by the law of the land, he must continue therein until another is appointed and takes upon himself the office. Richard R. Smith, having been appointed on the 27th of February, 1791, and Benjamin Gilbert having been appointed on the 30th of March, 1792, but not having qualified or taken upon himself the office until Richard R. Smith had received and forwarded the same, must be deemed the lawful sheriff of the county. The uniform practice which has prevailed since the establishment of the constitution, precludes all doubt respecting its true construction on this point. For although the commissions of the sheriffs are for one year, they have nevertheless continued to exercise the office until others were appointed and entered upon the execution thereof, which has often been long after the expiration of the year, and sometimes after the same person has remained in office more than four years successively. And such sheriffs, sometimes after the expiration of their year, at others after having held the office for four successive years, have received and transmitted ballots for governor, lieutenant-governor, and senators, which ballots have on former elections been received and canvassed; and even upon the present canvass, the committee have canvassed the ballots taken in the counties of Kings, Orange, and Washington, notwithstanding the year had expired for which the sheriffs of these counties were commissioned, and no new commissions had been issued. Hence the sheriffs of those counties, in receiving and transmitting the ballots, must have acted under their former commissions, since a mere appointment without a commission, and a compliance with the requisites prescribed by law, could not, in our opinion, give any authority as sheriff to the person so appointed.
"III. Because, if Richard R. Smith, at the time he received and forwarded the ballots, was not sheriff, the county was without a sheriff, a position too mischievous to be established by a doubtful construction of law.
"IV. Because, if Richard R. Smith was not of right sheriff of the county at the time he received and forwarded the ballots, he was then sheriff in fact of that county; and all the acts of such an officer which tend to the public utility, or to preserve and render effectual the rights of third persons, are valid in law.
"V. Because, in all doubtful cases, the committee ought, in our opinion, to decide in favour of the votes given by the citizens, lest by too nice and critical an exposition of the law the rights of suffrage be rendered nugatory.
"We also dissent from, and protest against, the determination of the major part of the said committee respecting the votes taken at the said election in the county of Clinton;
"Because it appears that the sheriff of the said county deputed a person by parole to deliver the box containing the ballots of the said county into the secretary's office. Such deputation we deem to be sufficient; and as there is satisfactory evidence that the box was delivered in the same state in which it was received from the sheriff, the votes, in our opinion, ought to be canvassed.
"We also dissent from, and protest against, the determination of the major part of the said committee, by which they declare that George Clinton was, by the greatest number of votes taken at the last election for governor, lieutenant-governor, and senators, chosen governor of this state; and that Pierre Van Courtlandt was, by the greatest number of votes at the said election, chosen lieutenant-governor; and that John Livingston was, by the greatest number of votes at the said election, in the eastern district of this state, chosen a senator in the said eastern district.
"Because it cannot be ascertained whether George Clinton was chosen governor, or Pierre Van Courtlandt lieutenant-governor of this state, by the greatest number of votes at the last election, without examining the ballots contained in the boxes delivered into the secretary's office by the sheriffs of the counties of Otsego and Clinton--there being a sufficient number of freeholders in these counties, with the votes given in the other parts of the state for John Jay as governor and Stephen Van Rensselaer as lieutenant-governor, to give them a majority of votes for those offices. Nor can it be ascertained whether John Livingston was chosen a senator in the eastern district by the greatest number of votes in that district, without examining the votes taken in the county of Clinton--there being a sufficient number of freeholders in that county, with the votes given in other parts of the district for Thomas Jenkins as a senator, to give him a greater number of votes for a senator than the number given for the said John Livingston.
"SAMUEL JONES,
"ISAAC ROOSEVELT,
"LEONARD GANSEVOORT."
Joshua Sands, another member of the board of canvassers, entered separately a protest, but substantially the same as the preceding.
The majority of the canvassers presented a document to the legislature, in which they assigned their reasons for the course they had pursued. That document was drawn by Colonel Burr. The original draught, with his emendations, has been preserved among his papers. On the motion of a member, it was read in the house the 28th day of December, 1792, and is entered at large on their journals as follows:--
"The reasons assigned by the majority of the Canvassers in vindication of their conduct.
"The joint committee appointed to canvass and estimate the votes for governor, lieutenant-governor, and senators at the last election, having been constrained, by a sense of their duty in the discharge of the trust reposed in them, to reject the ballots returned from the counties of Clinton, Otsego, and Tioga; and perceiving that attempts are made to misrepresent as well the principles of their determination as the facts on which they are founded, feel it incumbent on them to state the grounds of their decision.
"CLINTON AND TIOGA.--A box, said to contain the ballots of the county of Clinton, was deposited in the secretary's office by a Theodore Platt, without any deputation or other authority, accompanied only by his own affidavit, that he had received the said box from the sheriff of Clinton.
Another box, said to contain the ballots of the county of Tioga, was delivered by the sheriff of the county of Tioga to his deputy, Benjamin Hovey, who, being detained by illness on the road, delivered the said box to one James H. Thompson, by whom it was deposited in the secretary's office.
"The joint committee, pursuant to the law, are sworn to canvass the votes 'contained in the boxes delivered into the office of the secretary of the state by the sheriffs of the several counties.' Hence arose a question, whether this was not a personal trust, which could not be legally performed by deputy? Upon this point we entertained different opinions; but agreed that, if the discretion of the committee was to be in any degree controlled by the directions of the law, there appeared no room to doubt of the illegality of canvassing boxes which were not delivered by a sheriff or the deputy of a sheriff. The ballots contained in these boxes were therefore rejected; not, however, without sensible regret, as no suspicion was entertained of the fairness of those elections.
"OTSEGO.---It appears that Richard R. Smith, on the 17th of February, 1791, was appointed sheriff of the county of Otsego, to hold that office until the 18th of February, 1792; that a commission was issued agreeably to that appointment; that on the 13th of January, 1792, he wrote to the governor and council that he should decline a reappointment; that on the 30th of March, 1792, Benjamin Gilbert was appointed sheriff of the said county; that the commission to the said Benjamin Gilbert was, on the 13th of April, 1792, delivered to Stephen Van Rensselaer, one of the Council of Appointment, to be by him forwarded; that the said commission was in the hands of William Cooper, Esq., first judge of the said county, on or before the 3d of May; that the said Richard R. Smith, on the first Tuesday in April, was elected supervisor of the town of Otsego, accepted that office, and on the 1st day of May took his seat at the board of supervisors, assisted in the appointment of loan officers, and then declared that he was no longer sheriff of the county, but that Benjamin Gilbert was appointed in his place. It also appeared that Benjamin Gilbert had no notice of his said appointment, or of the receiving of the ballots by the said Richard R. Smith, until the 9th day of May, and that he was sworn to the execution of the office on the 11th; that, on the 3d of May, the said Richard R. Smith put up the ballots of the said county in the store of the said William Cooper, Esq., in whose hands the commission of Benjamin Gilbert then was; that the box said to contain the votes of the said county was delivered into the secretary's office by Leonard Goes previous to the last Tuesday in May, under a deputation from the said Richard R. Smith; together with the said box, and at the same time, the said Leonard Goes delivered a separate packet or enclosure, which, by an endorsement thereon, purported to contain 'the ballots received from the town of Cherry Valley, in the county of Otsego.'
"The manner of the delivery of the said box and enclosure, and the authority of the said Leonard Goes, were reported to the committee by the secretary of the state.
"These votes were not canvassed for the following reasons:--
"1. The committee found themselves bound, by their oath and by the directions of the law before mentioned, to canvass only the votes contained in the boxes which may have been delivered into the secretary's office by the sheriffs of the several counties. It appeared to them absurd to suppose this duty should be so expressly enjoined, and that they should nevertheless be prohibited from inquiring whether the boxes were or were not delivered by such officers; or that they should be restrained from ascertaining a fact, without the knowledge of which it was impossible that they could discharge the duty with certainty to the public or with confidence to themselves. They could not persuade themselves that they were, under that law and that oath, compelled to canvass and estimate votes, however fraudulently obtained, which should be delivered into the secretary's office by any person styling himself sheriff, though it should at the same time be evident to them that he was not the sheriff. If such was to be their conduct, a provision intended as a security against impositions would be an engine to promote them. They conceived, therefore, that the objection to an inquiry so important, and in a case where the question was raised and the inquiry imposed upon them by the suggestions of the secretary, must have arisen from gross misrepresentation or willful error.
"Upon investigating the right of the said Richard R. Smith to exercise that office, the facts appeared as herein-before stated.
"2. The constitution requires that sheriffs shall be annually appointed; which, to our apprehension, implies that no person shall exercise the office by virtue of any other than an annual appointment. And should it even be admitted that the council may, at their pleasure, remove a sheriff within the year, yet we do not see on what ground it can be denied that the duration of the office is limited to one year, unless a new appointment should take place. It would otherwise be true that the council could indirectly, or by a criminal omission, accomplish what is not within their direct or legal authority. It will be readily admitted that an appointment and commission for three years would be void; and surely the pretence of one thus claiming should be preferred to a usurpation without even such appearance of right, and against the known right of another. To assert, therefore, that 'by the constitution the sheriff, whatever may be the form of his commission, must hold his office during the pleasure of the Council of Appointment; and that, by the law of the land, he must continue therein until another is appointed and has taken upon himself the office,' is an assertion accompanied with no proof or reason, and is repugnant to the letter and spirit of the constitution, which is eminently the law of the land. The practice which has prevailed since the revolution, as far as hath come to our knowledge, does not warrant the position; neither could mere practice, if such had prevailed, justify the adoption of a principle contrary to the obvious meaning of the constitution. Upon the present occasion we have not canvassed the votes of any county which were not returned by a sheriff holding his office under an appointment unexpired. The sheriffs of Kings, Orange, and Washington had all been reappointed within the present year, which satisfied the words of the constitution, and was the known and avowed reason which influenced the committee to estimate the ballots of those counties. The doctrine concerning the constitutional pleasure of the council in the appointment of the office of sheriffs had not then been invented.
"3. But even admitting the visionary idea that the office of sheriff (whose duration is limited by the constitution) can nevertheless be holden during the pleasure of the Council of Appointment, yet that appears to have been determined by the letter of the appointment and commission, by the appointment of Benjamin Gilbert, by the declaration of Richard R. Smith, and by his acceptance and exercise of another office, which is, by the constitution, declared to be incompatible with the office of sheriff.
"It was evident, therefore, that Richard R. Smith had no authority by appointment, by commission, by the constitution, or by any law, to hold or exercise the office of sheriff on the third of May.
"4. As Richard R. Smith was not legally or constitutionally sheriff on the third of May, neither, under the circumstances of the case, can he be said to have been sheriff in fact, so as to render his acts valid in contemplation of law: the assumption of power by Mr. Smith appears to have been warranted by no pretence or colour of right. The time limited for the duration of his office had expired by the express tenure of his commission and appointment, and he had formally declared his determination not to accept a reappointment. He had, two days previous to his receiving the ballots, openly exercised an office incompatible with that of sheriff; then declared that he had resigned the office of sheriff, and that Benjamin Gilbert was appointed in his place; and by an affidavit which was produced to the committee, it appeared that, upon the day upon which he had put up the ballots in the house of the said William Cooper, he, the said Richard R. Smith, declared that he had resigned the office of sheriff. The business might with equal care and certainty have been executed by Benjamin Gilbert. The single act of receiving ballots could of itself continue no man a sheriff--least of all a man disavowing that office, and then in the exercise of another. It was foreign to the duty of the committee to provide against evils which may possibly arise from casual vacancies in the office of sheriff by death and otherwise. Vacancies will sometimes unavoidably happen, without further legislative provision.
"There is not, therefore, in our opinion, any application to the subject, or force in the objection, 'that if Richard R. Smith was not sheriff, the county was without a sheriff;' neither is the position true in fact, for it appears that the county was not then without a sheriff. At the time the ballots were received, it was well known that Benjamin Gilbert was appointed sheriff, and that his commission was in the hands of William Cooper, in whose store Richard R. Smith put up the ballots. It is also to be fairly inferred that, had proper measures been taken to give notice to Mr. Gilbert, he would forthwith have qualified and undertaken the execution of the office. It cannot, therefore, consistent with truth or candour, be asserted that there was the remotest probability that 'mischiefs' could in any parallel case ensue from the principles adopted by the committee.
"It did not seem possible, therefore, by any principle of law, by any latitude of construction, to canvass and estimate the ballots contained in the box thus circumstanced.
"But, had the question been doubtful, it was attended by other circumstances, which would have determined the committee against canvassing those ballots.
"5. Because the notice of the appointment of Benjamin Gilbert was received by Richard R. Smith on or before the first of May, and his commission was received by William Cooper on or before the third of May. Mr. Gilbert might therefore have been notified, qualified, and executed the duty. He did actually qualify on the eleventh, which gave ample time to have forwarded the ballots before the last Tuesday in May. These facts, with other suggestions of unfair practices, rendered the conduct of the Otsego election justly liable to suspicion; and the committee were constrained to conclude that the usurpation of authority by Richard R. Smith was wanton and unnecessary, and proceeded from no motive connected with the preservation of the rights of the people or the freedom and purity of elections.
"6. Because, having in several instances, by unanimous vote, rejected ballots of whole towns, free from any suspicion of unfairness, by reason of a defect in form only of the return, the committee conceived themselves the more strongly bound to reject ballots where the defect was substantial, and the conduct at least questionable; especially as the law regards the custody of enclosures containing the ballots as a trust of high importance, and contemplates but three persons in whose hands they are to be confided until they come to the possession of the canvassers, to wit, the inspector, the sheriff, and the secretary; all officers of great responsibility and confidence.
"7. Because the return, upon the face of it, appeared to be illegal. The law requires the sheriff, 'upon receiving the said enclosure, directed to be delivered to him as aforesaid, without opening or inspecting the same, or any or either of them, to put the said enclosures, and every one of them, into one box, which shall be well closed, &c., and be delivered by him, without opening the same, or the enclosures therein contained, into the office of the secretary of this state before the last Tuesday in May in every year.'
"By recurring to the preceding state of facts it will be evident that this direction of the law had been disregarded. If irregularities of this kind should be permitted and countenanced, it would be in the power of the sheriff, by excluding a part of the votes, to confer a majority on any candidate, in counties where there were divisions of interests. Affidavits were indeed produced tending to show that there had been, in that town, disputes respecting the election of town officers; that two enclosures, purporting to contain the votes of the town, were delivered to Mr. Smith, and that he had put into the box that enclosure which contained the votes taken by the persons whom he judged to be the legal inspectors: a matter proper to have been submitted to the opinion of the committee.
"The committee have considered this subject with deliberate attention, and in every light in which it could be placed; and whether they regarded the channels of conveyance, the mode of the return, or the general principles which ought to govern their decisions touching the freedom of elections and security against frauds, they found undeniable reasons which compelled them to reject the votes.
"DAVID GELSTON,
"THOMAS TILLOTSON,
"DANIEL GRAHAM,
"MELANCTON SMITH,
"DAVID M'CARTY,
"P.V. COURTLANDT, jun.,
"JONATHAN N. HAVENS."
On the 18th of January, 1793, the House of Assembly passed the following resolutions on the subject. "Thereupon, Resolved, That the mode of prosecuting any joint committee of the Senate and Assembly, appointed for the purpose of canvassing and estimating the votes taken in this state for governor, lieutenant-governor, and senators, and the penalties to be inflicted on such committee, or any of them, for any improper conduct in the execution of the trust reposed in them by law, are clearly pointed out in the twentieth and twenty-first sections of the act for regulating elections, passed the 13th day of February, one thousand seven hundred and eighty-seven; and that, therefore, any person or persons who may suppose that any such joint committee, or any of them have conducted themselves improperly in the execution of the trust reposed in them, may prosecute the same to effect in the ordinary course of law.
"Resolved, That notwithstanding this provision in the act for regulating elections, this house hath gone into an inquiry with respect to the conduct of the late committee appointed to canvass and estimate the votes for governor, lieutenant-governor, and senators, taken at the last general election held in this state, to the intent that satisfaction may be given those citizens of the state who have been dissatisfied with the decision of the major part of the said committee, with respect to the votes taken in the counties of Otsego, Tioga, and Clinton.
"Resolved, That after a full and fair examination into the conduct of the major part of the said canvassing committee, it does not appear to this house that the said major part of the committee, to wit: David Gelston, Thomas Tillotson, Daniel Graham, Melancton Smith, David M'Carty, Pierre Van Courtlandt, junior, and Jonathan N. Havens, have been guilty of any mal or corrupt conduct in the execution of the trust reposed in them by law.
"And whereas, by the eleventh section of the act for regulating elections, it is enacted that all questions which shall arise upon any canvass and estimate, or upon any of the proceedings therein, shall be determined according to the opinion of the major part of the said canvassing committee, and that their judgment and determination shall in all cases be binding and conclusive; therefore,
"Resolved, As the sense of this house, that the legislature cannot annul or make void any of the determinations of the said committee."
The question was taken on the preceding resolutions together, by yeas and nays, and passed in the affirmative. Ays 35. Nays 22.
Among the individuals for whom Colonel Burr entertained a high degree of respect, was Jacob De Lamater, Esq., of Marbletown. Between these gentlemen, for several years, a friendly, and, in some instances, a confidential correspondence existed. Mr. De Lamater was a federalist, but personally attached to Colonel Burr. In 1792 he was among those who wished him to become a candidate for the office of governor. After the death of De Lamater, the letters addressed to him by Colonel Burr were returned. They were written under the sacred seal of friendship; but they contain not a sentence, not a word, that is not alike honourable to his head and his heart. One is selected and here published as explanatory of his feelings and his conduct in the contested election (which so much agitated the State of New-York) between George Clinton and John Jay. It requires no comment.
TO MR. DE LAMATER
New-York, 15th June, 1792.
MY DEAR SIR,
You will, before this can reach you, have heard of the event of the late election. Some questions having arisen among the canvassers respecting the returns from Clinton, Otsego, and Tioga, they requested the advice of Mr. King and myself. We conferred, and, unfortunately, differed; particularly as to the questions upon the Otsego return. I therefore proposed that we should decline giving any opinion, being for my own part much averse to interfere in the business. Mr. King, however, determined to give his separate opinion, from what motives you may judge. This laid me under the necessity of giving mine also, which I did. If I can procure copies of both opinions, and of the protest of the minority, and the reasons assigned by the majority of the canvassers, I will send them herewith. They will enable you to form a competent judgment of the law question, and of the fairness of the Otsego return.
I do not see how any unbiased man can doubt, but still I do not pretend to control the opinion of others, much less to take offence at any man for differing from me. The reasons contained in my opinion, and assigned by the majority of the canvassers, have never been answered except by abuse. I can, in a personal interview, inform you of some circumstances relative to the opinions which have been procured in favour of the Otsego votes.
I have heard with much pride and pleasure of the warm and disinterested manner in which I was espoused by some respectable characters in your county. I shall never fail to recollect it with sensibility and gratitude. It would therefore give me real pain to believe that any part of my conduct had tended to thwart their wishes. If it has had any such effect, it should at least be remembered that I did not seek to gratify any wish or interest of my own. I took no part in the election. I never gave to any person the most distant intimation that I supposed you engaged to support Mr. Clinton, or to take any other part than that which your inclinations and judgment should direct. I felt no disposition to influence your conduct on that occasion. Had I been so inclined, I have no doubt but I could, in various parts of the state, have essentially injured Mr. Jay's interest; but I made no attempt of the kind. Yet I shall never yield up the right of expressing my opinions. I have never exacted that tribute from another.
Upon the late occasion, indeed, I earnestly wished and sought to be relieved from the necessity of giving any opinion, particularly from a knowledge that it would be disagreeable to you and a few others whom I respect and wish always to gratify. But the conduct of Mr. King left me no alternative. I was obliged to give an opinion, and I have not yet learned to give any other than which my judgment directs.
It would, indeed, be the extreme of weakness in me to expect friendship from Mr. Clinton. I have too many reasons to believe that he regards me with jealousy and malevolence. Still, this alone ought not to have induced me to refuse my advice to the canvassers. Some pretend, indeed, but none can believe, that I am prejudiced in his favour. I have not even seen or spoken to him since January last. I wish to merit the flattering things you say of my talents; but your expressions of esteem and regard are still more flattering, and these, I am sure, I shall never fail to merit, if the warmest friendship and unalterable attachment can give me a claim.
Will you be abroad any, and what part of the summer? I ask, because I propose to make you a visit on my way to, or return from, Albany, and wish to be certain of finding you at home. No political changes can ever diminish the pleasure with which I subscribe myself
Your affectionate friend,
A. BURR.
The following letter is evidence of Colonel Burr's propensity to correspond in cipher with his most intimate friends, even on unimportant topics. Hundreds of the same character might be given.
TO JACOB DE LAMATER.
New-York, October 30th, 1792
DEAR SIR,
Your letter by Mr. Addison was particularly kind, after my long supposed silence. We may make use of both keys or ciphers, and if some of the persons or things are designated by different characters, no inconvenience will arise; if there should, we will correct it.
V is to be the candidate, as my former letter will have told you: He has the wishes of 9 for his success, for reasons which will be obvious to you. Do you think that 8 would be induced from any motive to vote for him?
Yours affectionately,
A. BURR.
Footnotes:
1. 17 Ed., ch. 7, more general.
2. 2 Hawks., 5, 51, Irish oct. edit., 2 mod. 261 statute 1 Wm. and Mary, sess. 2, ch. 2. See also sec. 12 of the same statute.