Memoirs of Aaron Burr Part 75

Jefferson's writings, a copy of which I sent you.

It is true that among my father's papers I have found rough copies of the deposition made in your suit against Cheetham, as well as of that made in the wager case. Together with the first-named deposition there is also a copy of the interrogatories; but, in the latter case, simply a rough copy of the deposition, without t.i.tle, or any memorandum of the names of the parties. You will perceive at once the necessity of accompanying the deposition in the wager case with its _t.i.tle_ and a copy of the interrogatories, in order to show, in the first place, Mr.

Jefferson's error in the statement of the case, and, secondly, to refute his a.s.sertion that the deposition had "nothing to do with the suit, or with any other object than to calumniate him."

The subsequent part of his statement will be met by the deposition itself, by reference to concomitant circ.u.mstances, and such corroborating testimony as time has spared. Being anxious to avoid all room for cavil, by publis.h.i.+ng the depositions as returned with the respective commissions, lest, perchance, there should be some slight verbal inaccuracies, I applied to you, believing it was in your power to give the information necessary to enable me to procure certified copies of the record.

You have thus, Sir, an entire exposition of my motives for addressing you my letter of the 8th ult.; and, in conformity with the sentiment you are so good as to express in the conclusion of your letter, I doubt not you will furnish me with such information as you possess on the subject.

I wrote some time since to Mr. Edward N. Rogers, of your city, to procure for me copies of my father's and General Samuel Smith's depositions in _both_ cases. He informs me, by his letter of the 17th inst., that the depositions in your suit against Cheetham are not to be found in the office; that the case went off by default, and he supposes they were never filed. At all events, the clerk cannot now find them.

You will probably be able to state what became of them, and whether copies can be procured. I will ask of you, therefore, the favour to communicate to him information on this point, as well as the _name_ of the _wager case_, that he may be enabled to comply with my request, with the execution of which he has been so kind as to charge himself.

I have the honour to be, respectfully,

Your obedient servant,

RICHARD H. BAYARD.

Footnotes:

1. See Ch. V.

2. It is considered proper to state here that the correspondence which follows is published without the privity or consent of either of the Mr. Bayards. It is found among the papers of Colonel Burr, and is intimately connected with a history of the transaction.

3. The suit was James Gillespie _vs_. Abraham Smith. See deposition.

4. Will the reader examine the deposition, especially what relates to Mr. McLean and Mr. Latimer?

CHAPTER VIII.

The necessary information having been given to Mr. Bayard to enable him to procure the depositions of his father and General Smith, they were accordingly obtained from Mr. Bradley, of Vermont. Before presenting them, it may not be improper to give the letters of two members of Congress, one of which enters somewhat into a history of the case, and _both_ of which negatives, in the most positive manner, any attempt of Colonel Burr, or any person acting in his behalf, to negotiate, bargain, or intrigue with the federal party for the office of president.

WILLIAM COOPER TO THOMAS MORRIS. [1]

Was.h.i.+ngton, February 10, 1801.

DEAR SIR,

We have this day locked ourselves up by a rule to proceed to choose a president before we adjourn. * * * * * * * We shall run Burr perseveringly. You shall hear of the result instantly after the fact is ascertained. _A little good management would have secured our object on the first vote_, but now it is too late for any operations to be gone into, except that of adhering to Burr, and leave the consequences to those who have heretofore been his friends. If we succeed, a faithful support must, on our part, be given to his administration, which, I hope, will be wise and energetic.

Your friend,

W. COOPER.

WILLIAM COOPER TO THOMAS MORRIS.

February 13, 1801.

DEAR SIR,

We have postponed, until to-morrow 11 o'clock, the voting for president. All stand firm. Jefferson eight--Burr six--divided two.

_Had Burr done any thing for himself, he would long ere this have been president._ If a majority would answer, he would have it on every vote.

FROM JAMES A. BAYARD TO ALEXANDER HAMILTON.

Was.h.i.+ngton, January 7, 1801.

DEAR SIR,

I have been but a few days in this city; but, since my arrival, have had the pleasure to receive the letter which you did me the honour to write on the 27th ult. I am fully sensible of the great importance of the subject to which it relates, and am, therefore, extremely obliged by the information you have been so good as to communicate.

It is considered that at least, in the first instance, Georgia, North Carolina, Virginia, Tennessee, Kentucky, Pennsylvania, New-Jersey, and New-York will vote for Mr. Jefferson. It is probable that Maryland and Vermont will be divided. It is therefore counted, that upon the first ballot it would be possible to give to Mr. Burr six votes. It is calculated, however, and strongly insisted by some gentlemen, that a persevering opposition to Mr. Jefferson would bring over _New-York, New-Jersey, and Maryland._ What is the probability relative to New-York?--your means enable you to form the most correct opinion. As to New-Jersey and Maryland, it would depend on Mr. Linn of the former and Mr. Dent of the latter state.

I a.s.sure you, sir, there appears to be a strong inclination in a majority of the federal party to support Mr. Burr. The current has already acquired considerable force, and is manifestly increasing. The vote which the representation of a state enables me to give would decide the question in favour of Mr. Jefferson. At present I am by no means decided as to the object of preference. If the federal party should take up Mr. Burr, I ought certainly to be impressed with the most undoubting conviction before I separated myself from them. I cannot, however, deny that there are strong considerations which give a preference to Mr. Jefferson. The subject admits of many and very doubtful views; and, before I resolve on the part I shall take, I will await the approach of the crisis, which may probably bring with it circ.u.mstances decisive of the event.

The federal party meet on Friday for the purpose of forming a resolution as to their line of conduct. I have not the least doubt of their agreeing to support Colonel Burr. Their determination will not bind me; for though it might cost me a painful struggle to disappoint the views and wishes of many gentlemen with whom I have been accustomed to act, yet the magnitude of the subject forbids the sacrifice of a strong conviction.

I cannot answer for the coherence of my letter, as I have undertaken to write to you from the chamber of representatives, with an attention divided by the debate which occupies the house. I have not considered myself at liberty to show your letter to any one, though I think it would be serviceable, if you could trust my discretion in the communication of it.

With great consideration,

Your obedient servant,

JAMES A. BAYARD.

GEORGE BAER TO RICHARD H. BAYARD.

Frederick, April 19, 1830

SIR,

In compliance with your request, I now communicate to you my recollections of the events of the presidential election by the House of Representatives in 1801. There has been no period of our political history more misunderstood and more grossly misrepresented. The course adopted by the federal party was one of principle, and not of faction; and I think the present a suitable occasion for explaining the views and motives at least of those gentlemen who, having it in their power to decide the election at any moment, were induced to protract it for a time, but ultimately to withdraw their opposition to Mr. Jefferson.