With this view of the subject you will perceive that I think--_First_, There ought not to be a total repeal. _Second_, There ought to be amendments.
If, however, a repeal should take place, I am clearly of opinion that it would be unjustifiable to make any provision for the ex-judges. On this point and on the introduction of amendments I will, if you desire it, amplify by a future post.
The zealous republicans are exciting some intemperance here, in opposition to a memorial from our bar, which, you will perceive, is confined to the operation of the law in this state as a matter of fact, and not to any controversy of a const.i.tutional or political nature.
I shall be anxious to hear from you as often as you can spare a moment, and particularly while the judiciary bill is pending.
Yours, with great regard,
A. J. DALLAS.
FROM NATHANIEL NILES.
February 17, 1802.
DEAR SIR,
Permit me to thank you most sincerely for the vote you gave in favour of Mr. Dayton"s motion to refer the judiciary bill to a select committee; not because I am by any means satisfied it is not best that bill should pa.s.s, but because I earnestly desire that republicanism should on every occasion display the spirit of conciliation, as far as can be done without the destruction of principle. I am every day more and more satisfied that the cause is more endangered by the want of such displays than by every thing besides. The fate of parties in and about Congress will ultimately be determined by the great body of the well informed in the middle walks of life. It is happy, in some respects, that these are generally so far from the scene of action as to be tolerably free from the blinding influence of those pa.s.sions which the scene itself is calculated to excite. They wish for every thing that tends to convince the great public that republicanism, instead of being hostile, is friendly to moderation and harmony. Shall we not do well to mark with great care and precision the sunken rocks and shoals on which self-denominated federalism has dashed itself to pieces? Among these I would enumerate their too eager and violent pursuit of their object. Had they been patient and accommodating, the eyes of the public would have been still hoodwinked, until habit, gradually acquired, would have rendered an expensive monarchy the most agreeable government. But, thank Heaven, they, by overacting, exposed their own feelings and designs. Will not the same pertinacity and precipitation endanger the better--the opposite cause? It is a prevalent idea among us middling people, that a good government must be a moderate one; and we are exceedingly apt to judge of the spirit of the government from the spirit of our rulers. Every thing non-conciliating bears in its very front strong symptoms of a tyrannical spirit.
I am, sir, the more gratified by your moderation because (though I am ashamed to avow it) I have heard you was too impetuous. Pardon my mistake; and suffer me to entreat you to encourage a steady pursuit of republican measures in that way which will convince the bystanders that the actors are uniformly and irresistibly urged to pursue them by cool conviction, resulting from a candid, extensive, and philanthropic survey of the great object. Pa.s.sion and caprice very illy become so awfully sublime an object as that for which well-informed republicans contend.
With sentiments of respect, your obedient servant,
NATHANIEL NILES.
FROM A. J. DALLAS.
Philadelphia, 3d April, 1802.
DEAR SIR,
The judiciary storm has pa.s.sed away for the present. I perceive, however, that an effort is making to improve the old system without increasing the number of judges; and we are once more unanimous at the bar of Philadelphia in rejoicing that Paterson, and not Chase, presides in our circuit. I had begun an outline of courts and jurisdictions agreeably to your wish; but I lost the hope of its being adopted when finished, so I abandoned the labour. Perhaps it may be worth while to renew the scheme, with a view to a future session.
There are some rumours of jealousy and dissatisfaction prevailing among the republican leaders, in the executive as well as the legislative departments of the federal as well as of our state government. It will be disgraceful, indeed, if the rumours axe true.
Very sincerely yours,
A. J. DALLAS.
Such were the sentiments and views of many of the most pure and intelligent of the republican party in relation to a repeal of the judiciary act of 1800. The preceding letters express the opinions entertained by thousands who were opposed to federal men and federal measures, but who wanted time for reflection; and yet, when Colonel Burr voted to recommit the repealing bill for the purpose of ascertaining whether it could not be rendered more satisfactory, the conspirators cried aloud, _Crucify him--crucify him_.
The plot now began to thicken. During the year 1801, a Scotchman by the name of Wood was employed to write "_A History of John Adams"s Administration_." Ward & Barlas, booksellers in New-York, were the proprietors of the copyright, and printed 1250 copies. William Duane, editor of the Aurora, furnished the author a portion of his materials, and became the agent to negotiate with a London bookseller for the publication of an edition in England. In the summer or autumn of 1801 Colonel Burr was informed of the progress of the work, and procured a copy before it was ready for publication. On examining it, he came to the conclusion that it was calculated to do the republican party more injury than good. It abounded with misrepresentations, errors, and libels. Mr. Burr, through a friend, agreed to pay a stipulated sum for the suppression of the work, under the most solemn a.s.surance that no copy or copies would be permitted to go into the hands of any third person, but that the whole edition should be delivered to the agent who was to pay the money. Before the time of payment arrived, it was ascertained that a copy or copies had been parted with, and would not be returned. The contract was, therefore, never carried into effect.
Pending this negotiation, Mr. Duane, through Wood or Ward & Barlas, was made acquainted with the arrangements which were in progress.
Cheetham, the editor of the American Citizen, was also informed of what was doing. This was considered a most favourable opportunity for a.s.sailing the vice-president, and charging him with the design of suppressing the History of John Adams"s Administration for the purpose of keeping the people in ignorance of the wrong doings of the federal party. Although the a.s.sailants had a full view of the whole ground, yet the attack was commenced by innuendoes, indicating ignorance of the true state of facts. The charge operated most injuriously upon the republican character of Colonel Burr. The injury was irreparable, and the attacks continued with unexampled malignity.
This brief statement, it is hoped, will be found sufficiently explicit to be intelligible. And now for the conduct of Mr. Duane on the occasion. His object, and the object of his employers, was accomplished; but whether a short development of the whole case will or will not add to his fame, the reader must determine.
On or about the 27th of February, 1802, the editor of the Aurora, in his paper, states that a curious fact has lately been brought to light in New-York; that Wood had completed his engagement with Ward & Barlas to furnish a history of John Adams"s Administration, and that 1250 copies were printed, but suppressed at the desire of some person. Mr.
Duane then animadverts with harshness, and expresses a wish to get a clew to the names of the person or persons who suppressed the work.
On the 31st of May, 1802, the Aurora states that the American Citizen and the Evening Post have commenced a warfare, of which Mr. Burr is the object; that the princ.i.p.al matter of charge is the suppression of Wood"s History of John Adams"s Administration; and then adds--"We are fully possessed of one side of the subject, and have perused the suppressed book attentively."
On the 12th of July, 1802, the Aurora says--"So far as it relates to Mr. Burr, my opinions have been uniform and reiterated to his particular friends, that if the motives for the suppression of the book were not _satisfactorily explained to the public_, his standing with the republican interest was gone."
During the period between February and July, 1802, the Aurora reprinted the slanders of Cheetham against Mr. Burr in relation to the suppressed book, and continued, from time to time, his own attacks upon the vice-president. While thus _publicly_ giving currency to these calumnies, would it be believed (if a.s.serted) that Mr. Duane was _privately_ writing Colonel Burr, and approving of his conduct in suppressing the work? One of his letters on this subject is deemed sufficient to a right understanding of the case. It will now be given without comment. * * * * *
FROM WILLIAM DUANE.
Thursday, April 15, 1802.
DEAR SIR,
I think it fortunate that the pamphlet of Mr. Wood has not yet been published, and that it would be much more so if it were not ever to see the light. It has disappointed my expectations of finding in it at least some useful reflections and reasonings, however little novelty there might be in the facts. But, even in the narration of facts, I find numerous errors, and not a few misrepresentations of things notorious to every man who has attended with understanding to the course of public affairs. There is in it a _something_, too, of a character very different from what was represented to me; the adoption of the story of Hamilton [7] and Lafayette, if it is not the effect of an indifference to accuracy, or a coldness in pursuit of truth, is something much worse, and at least is suspicious: there is more of the same kind of matter, and less attention to the influence and views of such characters, than the subject required. I consider it, upon the whole, as a hasty, crude, and inconsistent production, calculated rather to produce evil than the least good--as it would be attributed to the republicans, with all its faults and inconsistencies, and a credit a.s.sumed from it as a party confession of merit, in a particular character, which is not founded, at least in the way stated in the pamphlet. Were some parts of it omitted, and false statements rectified, it might not do any harm; and perhaps it might be found advisable to adopt some plan of that kind, making a careful _record of the omissions_ to insert any future _misrepresentations_, and a like record of such _additions_ or _alterations_. This might be very easily done by printing the pages anew which contain the exceptionable parts, and, if necessary, subst.i.tuting reflections or anecdotes, founded in fact, in their places. This might be done at a small expense. The thing, thus corrected, published; and, if any effort should be made to misrepresent, credit would be derived even by the defence, and the exposure of the motives for suppressing the misstatements.
This I have thought proper to write you, and I hope will, in its object and motives, find with you an excuse for doing so.
I am, with respect, your obedient servant,
WILLIAM DUANE.
Footnotes:
1. Mr. Madison was then a member of Congress.
2. President of the United States.
3. Appointed by Mr. Jefferson supervisor of internal revenue for the state of New-Jersey.
4. Edward Livingston and Theodorus Bailey; the former appointed United States district attorney for the district of New-York; the latter subsequently appointed postmaster of the city of New-York, and removed from the country, a distance of nearly one hundred miles, to take charge of the office. Cheetham, editor of the _American Citizen,_ some time after Mr. Livingston"s appointment, in referring to him, says--"Should Mr. Burr"s _confidential friend ever become dangerous, we will show what he has been and what he is_."
5. Appointed United States marshal for the Potomac district of Maryland.
6. This letter is dated _seven_ days after Mr. Burr"s casting vote in the Senate.
7. The story here referred to is thus related by Wood in his history: "In the year 1780, he (Hamilton) was promoted to the rank of colonel, and at the siege of Yorktown commanded the attack on one of the redoubts, the capture of which decided the fate of Lord Cornwallis and his army. The conduct of Mr. Hamilton on this occasion was truly honourable, and, in the history of his life, ought to weigh against several of those scars that have since stained his character. Previous to the attack, the Marquis de Lafayette proposed to General Washington to put to death all the British troops that should be found in the redoubts, as a retaliation for several acts of barbarity committed by the royal army. The steady and nervous mind of Washington, which was ever known to yield to the virtuous prejudice of compa.s.sion, gave his a.s.sent to the b.l.o.o.d.y order. But Mr. Hamilton (the tenderness of whose feelings has led him into error), after the redoubts were subdued, took the conquered under his protection, and proved to his enemies that Americans know how to fight, but not to murder." [General Hamilton, in a letter referring to this same story, says--"Positively and unequivocally, I declare that no such or similar order, or any intimation or hint resembling it, was ever by me received or understood to have been given."
CHAPTER VII.
Colonel Burr"s silence under these reiterated attacks, with such means of defence as his enemies knew that he possessed, encouraged and imboldened them to make other and more daring a.s.saults. He was now charged, in general terms, with intriguing for the presidency, in opposition to Mr. Jefferson; with endeavouring to obtain federal electoral votes, and thus to defeat Mr. Jefferson and promote his own elevation; with having entered into terms and conditions with federal members of Congress in the winter of 1800; and with having committed himself to, that party, in the event of success through their instrumentality. These slanders were countenanced and circulated in whispers by men high in authority, until the political integrity of Colonel Burr was so far ruined as to render any defence, on his part or on the part of his friends, useless and unavailing. The hireling press now boldly entered upon specific charges; naming the parties with whom Colonel Burr or his friends had negotiated, and the agents whom the vice-president had employed to effect his purposes. These details were given in a manner so circ.u.mstantial, as, by their audacity, seemingly to command confidence. The slanders were circulated with industry and rapidity, while the contradictions rarely met the public eye, except through the medium of a federal press, which publication, with the already prejudiced republican, was construed as evidence of the truth of the charge. The princ.i.p.al instances of specific cases will now be presented as briefly as practicable.