Memoirs of Aaron Burr Part 63

Letter to Theodosia; ditto; trial of Judge Chace before the United States' Senate; Burr presides; acquittal; letter to Theodosia; ditto; an account of the effect of Burr's speech on taking leave of the Senate; letter to Joseph Alston; to Theodosia; journal of his tour in the Western country; letter to Joseph Alston

CHAPTER XVIII.

Burr's early views against Mexico; letter from General Miranda to General Hamilton, in April, 1798 on the subject of an expedition, in conjunction with Great Britain, against South America; from Miranda to Hamilton, in October, 1798, announcing the arrangements made with the British; from Miranda to General Knox, same date, on the same subject; General Adair's statement of Burr's views; grant of lands by the Spanish government to Baron Bastrop; transfer of part of said grant to Colonel Lynch; purchase from Lynch by Burr; the views of Burr in his Western expedition, as stated by himself; he is arrested on the Tombigbee; the cipher letter; transported to Richmond; trial and acquittal of Burr; testimony of Commodore Truxton; Dr. Bollman's treatment by Mr. Jefferson

CHAPTER XIX.

Excitement produced against Burr by Jefferson, Eaton, and Wilkinson; Senate of the United States pa.s.s a bill suspending writ of Habeas Corpus; House rejects the bill on the first reading, _ayes_ 113, nays 19; extracts from Blennerha.s.sett's private journal; official Spanish doc.u.ments, showing that General Wilkinson, after he had sworn to Burr's treasonable designs, despatched his aid, Captain Walter Burling, to Mexico, demanding from the viceroy for his service to Spain, in defeating Burr's expedition against Mexico, the sum of _two hundred thousand dollars_; sundry letters of Burr to Theodosia, while imprisoned in Richmond on the charge of treason

CHAPTER XX.

Burr sails for England on the 7th of June, 18O8; arrives in London on the 16th of July; makes various unsuccessful efforts to induce the British ministry to aid him in his enterprise against South America; receives great attention from Jeremy Bentham; continues his correspondence with Bentham after his return to the United States; visits Edinburgh; experiences great courtesy; introduced to M'Kenzie and Walter Scott; returns to London; the ministers become suspicious of him; his papers are seized, and his person taken into custody for two days, when he is released, but ordered to quit the kingdom; leaves England in a packet for Gottenburgh; travels through Sweden, Germany, &c.; Bourrienne's (French minister at Hamburgh) account of Burr, and Burr's account of Bourrienne; arrives in Paris on the 16th of February, 1810; endeavours to induce Napoleon to aid him in his contemplated expedition, but is unsuccessful; asks a pa.s.sport to leave France, and is refused; presents a spirited memorial to the emperor on the subject; Russell, charge d'affaires, and M'Rae, United States consul at Paris, refuse him the ordinary protection or pa.s.sport of an American citizen; in July, 1811, obtains permission from the emperor to leave France; sails from Amsterdam on the 20th of September; is captured next day by an English frigate, and carried into Yarmouth; remains in England from the 9th of October, 1811, until the 6th of March, 1812; arrives in New-York, via Boston, on the 8th of June, after an absence of four years

CHAPTER XXI.

Colonel Burr, on his return to New-York in 1811, resumes the practice of law; prejudices against him; kindness of Colonel Troup; letter from Joseph Alston to Burr, announcing the death of Aaron Burr Alston; effect upon Burr; Theodosia's health precarious; Timothy Greene despatched to bring her to New-York; letter from Greene; letter from Greene, stating that he is to sail for New-York in a few days, on board a schooner with Theodosia; letter from Alston to Theodosia, expressing apprehensions for her safety; from Alston to Burr on the same subject; from Alston to Burr, abandoning all hope of his wife's safety; Theodosia supposed to have perished in a gale of wind early in January, 1813; from Burr to Alston in relation to his private affairs; Burr expresses his opinions on great, but not on minor political questions; letter from Burr to Alston, denouncing the nomination of Monroe for president, and recommending General Jackson; Alston replies, concurring in sentiment with Burr, but ill health prevents his acting; Alston's death; letter from William A. Alston to Burr, explanatory of his late brother's will so far as Burr is interested; from Theodosia to her husband, at a moment when she supposes that death is approaching; Burr's continued zeal in favour of the South American States; letter from General Toledo to Colonel Burr in 1816, soliciting him to take command of the Mexican forces; Burr commissioned by the Republic of Venezuela in 1819; Burr's pursuits after his return from Europe; superintends the education of the Misses Eden; his pecuniary situation; state of his health; paralytic; manner of receiving strangers; restive and impatient at the close of his life; death; conveyed to Princeton for interment; an account of his funeral; proceedings of the Cliosophic Society

MEMOIRS OF AARON BURR.

CHAPTER I.

Colonel Burr's study of the law [1] has been already briefly noticed.

He brought to that study a cla.s.sic education as complete as could, at that time, be acquired in our country; and to this was added a knowledge of the world, perhaps nowhere better taught than in the camp, as well as a firmness and hardihood of character which military life usually confers, and which is indispensable to the success of the forensic lawyer. He was connected in the family circle with _two[2]

eminent jurists, who were at hand to stimulate his young ambition, and to pour, in an almost perpetual stream, legal knowledge into his mind, by conversation and by epistolary correspondence. The time he spent in his studies preparatory to his admission would be considered short at the present day; but (to use the language of another) "it is to be recollected that at that time there were no voluminous treatises upon the mere routine of practice to be committed to memory, without adding a single legal principle or useful idea to the mind, and which only teach the law student, as has been said of the art of the rhetorician, 'how to name his tools.' Burr, fortunately for his future professional eminence, was not destined to graze upon this barren moor. He spent his clerkship in reading and abstracting, with pen in hand, c.o.ke and the elementary writers, instead of Sellon and Tidd; and learnt law as a science, and not as a mechanical art."

On the other hand, it has been said "that Colonel Burr was not a deep-read lawyer; that he showed himself abundantly conversant with the general knowledge of the profession, and that he was skilful in suggesting doubts and questions; but that he exhibited no indications of a fondness for the science, nor of researches into its abstruse doctrines; that he seemed, indeed, to hold it and its administration in slight estimation. The best definition of law, he said, was '_whatever is boldly a.s.serted and plausibly maintained_.' This sarcasm was intended full as much for the courts as for the law administered by them."

If Colonel Burr may have been surpa.s.sed in legal erudition, he possessed other qualifications for successful practice at the bar which were seldom equalled. He prepared his trials with an industry and forethought that were most surprising. He spared no labour or expense in attaining every piece of evidence that would be useful in his attacks, or guard him against his antagonist. He was absolutely indefatigable in the conduct of his suits. "He pursued (says a legal friend) the opposite party with notices, and motions, and applications, and appeals, and rearguments, never despairing himself, nor allowing to his adversary confidence, nor comfort, nor repose.

Always vigilant and always urgent, until a proposition for compromise or a negotiation between the parties ensued. 'Now move slow (he would say); never negotiate in a hurry.' I remember a remark he made on this subject, which appeared to be original and wise. There is a saying, 'Never put off till tomorrow what you can do to-day.' 'This is a maxim,' said he, 'for sluggards. A better reading of the maxim is--_Never do to-day what you can as well do to-morrow_; because something may occur to make you regret your premature action.'"

I was struck, says the same friend, in his legal practice, with that tendency to mystery which was so remarkable in his conduct in other respects. He delighted in surprising his opponents, and in laying, as it were, ambuscades for them. A suit, in which I was not counsel, but which has since pa.s.sed professionally under my observation, will ill.u.s.trate this point in his practice. It was an ejectment suit, brought by him to recover a valuable tenement in the lower part of the city, and in which it was supposed, by the able lawyers retained on the part of the defendant, that the only question would, be on the construction of the will. On the trial they were surprised to find the whole force of the plainfiff's case brought against the authenticity of an ancient deed, forming a link in their t.i.tle, and of which, as it had never, been questioned nor suspected, they had prepared merely formal proof; and a verdict of the jury, obtained by a sort, of _coup-de-main_, p.r.o.nounced the deed a forgery. Two tribunals have subsequently established the deed as authentic; but the plaintiff lived and died in the possession of the land in consequence of the verdict, while the law doubts, which form the only real questions in the case, are still proceeding, at the customary snail's pace, through our courts to their final solution.

To be employed as an a.s.sistant by Mr. Burr was not to receive a sinecure. He commanded and obtained the constant and unremitted exertions of his counsel. It was one of the most remarkable exhibitions of the force of his character, this bending every one who approached him to his use, and compelling their unremitted, though often unwilling, labours in his behalf. His counsel would receive notes from him at midnight, with questions which were sent for immediate replies.

He showed nice discrimination in his selection of his professional a.s.sistants. When learning was required, he selected the most erudite.

If political influence could be suspected of having effect, he chose his lawyers to meet or _improve_ the supposed prejudice or predilection. Eloquence was bought when it was wanted; and the cheaper subst.i.tute of brow-beating, and vehemence used when they were equivalent or superior. In nothing did he show greater skill than in his measurement and application of his agents; and it was amusing to hear his cool discussion of the obstacles of prejudice, or ignorance, or interest, or political feeling to be encountered in various tribunals, and of the appropriate remedies and antidotes to be employed, and by what persons they should be applied.

Equal discrimination and acuteness was displayed in his political movements. An anecdote which occurred in the contested election of 1800 will exemplify this remark. Funds were required for printing, for committee-rooms, &c. The finance committee took down the names of leading democrats, and attached to each the sum they proposed to solicit from him. Before attempting the collection, the list, at Colonel Burr's request, was presented for his inspection. An individual, an active partisan of wealth, but proverbially parsimonious, was a.s.sessed one hundred dollars. Burr directed that his name should be struck from the list; for, said he, you will not get the money, and from the moment the demand is made upon him, his exertions will cease, and you will not see him at the polls during the election. The request was complied with. On proceeding with the examination, the name of another wealthy individual was presented; he was liberal, but indolent; he also was a.s.sessed one hundred dollars.

Burr requested that this sum should be _doubled_, and that be should be informed that no labour would be expected from him except an occasional attendance at the committee-rooms to a.s.sist in folding tickets. He will pay you the two hundred dollars, and thank you for letting him off so easy. The result proved the correctness of these opinions. On that occasion Colonel Burr remarked, _that the knowledge and use of men consisted in placing each in his appropriate position_.

His imperturbable coolness and presence of mind were displayed in his civil as well as in his military life. Against most of the vicissitudes of a trial he guarded by his forethought and minuteness of preparation. I was present myself, says the legal friend already referred to, when he received with great composure a communication which would have startled most men. Mr. P. had long been an inmate of his house; he had been connected with him in many respects and for many years. Colonel Burr and two other lawyers were discussing a proposed motion in a chancery suit in which P. was the plaintiff, the colonel himself having, an interest in the result. P. was then out of town. A letter was brought in and handed to the colonel, which, telling us to proceed with our debate, he carefully read, and then placed it, in his customary manner, on the table, with the address downwards. Our discussion proceeded earnestly for ten minutes at least, when the colonel, who had listened with great attention, asked, in his gentlest tone, "What effect would the death of P. have on the suit?" We started, and asked eagerly why he put the question. "P. is dead," he replied, "as this letter informs me; _will the suit abate?_"

The colonel was himself ill at the time, and unable to leave his sofa; and even if there was some affectation in his demeanour, there was certainly remarkable collectedness.

Colonel Burr commenced the practice of his profession at the close of the revolution, under the most favourable auspices; and may be said at one bound to have taken rank among the first lawyers of the day, and to have sustained it until he became vice president, at which time, it is believed, he had no superior at the bar, either in this state or in the Union, nor even an equal, except General Hamilton.

The eclat which Burr, yet a beardless boy, had acquired by his adventurous march under Arnold to Canada, through our northeastern wilds, then a trackless desert; his gallant bearing at Quebec and Monalouth; his efficient services in the retreat of our army from Long Island and New-York; and his difficult and delicate command on the lines of Westchester, followed him to private life, gathered around him hosts of admirers and friends among our early patriots, particularly the youthful portion of them, and no doubt essentially aided him in making his successful professional _debut_. The name of the chivalrous aid-de-camp who supported in his youthful arms the dying hero of Quebec was familiar in the mouths of men, and from one end of the continent to the other he was eulogized for his military prowess. Such were the cheering auspices under which he sheathed his sword when his physical energies would permit him no longer to wield it.

"He was indefatigable," says another legal friend, "in business, as he had been in his previous studies, and no lawyer ever appeared before our tribunals with his cause better prepared for trial, his facts and legal points being marshalled for combat with all the regularity and precision of a consummate military tactician. No professional adversary, it is believed, has ever boasted of having broken or thrown into confusion the solid columns into which he had formed them, or having found void s.p.a.ces in their lengthened line, or to have beaten him by a _ruse de guerre_ or a surprise.

"He never heeded expense in completing his preparations for trial; and, while laborious himself to an uncommon degree, he did not stint the labours of others, so far as he could command or procure them.

Every pleading or necessary paper connected with his causes was in tile first place to be multiplied into numerous copies, and then abstracted or condensed into the smallest possible limits, but no material point or idea was by any means to be omitted. His propensity to concision or condensation was a peculiar trait in his mind. He would reduce an elaborate argument, extending over many sheets of paper, to a single page. Had he written the history of our revolution, which he once commenced, he would probably have compressed the whole of it in a single volume."

In his professional practice, he never solicited from an opponent any favour or indulgence any more than he would have done from an armed foe; but, at the same time, rarely withheld any courtesy that was asked of him, not inconsistent with the interest of his clients. He was a strict pract.i.tioner, almost a legal _martinet_, and so fond of legal technicalities, that he never omitted an opportunity of trying his own skill and that of opposite counsel in special pleas, demurrers, and exceptions in chancery, notwithstanding the risk of paying costs sometimes, though rarely incurred, and of protracting a cause.

The labour of drawing his pleadings and briefs, however, at least after his return from Europe in 1812, always devolved upon others; and, with marginal notes of all the authorities which had been consulted, from the year books downward, which were sometimes in law French and law Latin, to the last reports in England and some half a dozen of our states, in which may be properly called law English, were submitted to his critical ac.u.men; his thousand doubts, suggestions, hints, and queries, which would start from his mind like a flash, and for a moment seem to throw into inextricable confusion what had been laboriously, and perhaps profoundly studied, at last would most generally be adopted without material alterations or additions.

Colonel Burr's mind cannot be said to have been a comprehensive one.

It was acute, a.n.a.lytical, perspicacious, discriminating, unimaginative, quick to conceive things in detail, but not calculated to entertain ma.s.ses of ideas. He would never have gained celebrity as an author; but as a critic, upon whatever subject, his qualifications have rarely been surpa.s.sed, though in literary matters and the fine arts they were only exhibited in conversation. His colloquial powers were impressive and fascinating, though he generally seemed a listener rather than a talker; but never failed to say a proper thing in the proper place."

As a public speaker, his ideas were not diffuse enough; or rather, he appeared to lack fluency to make a long, and what is called an elaborate argument upon any matter, however grave or momentous. In a cause in which he was employed as a.s.sociate counsel with General Hamilton, an incident occurred, in relation to Chief Justice Yates, not unworthy recording. It speaks a language that cannot he misunderstood, and is demonstrative of the influence which he had over the feelings as well as the minds of his hearers. It was the celebrated case of Le Guen vs. Gouverneur and Kemble, one of the most important, in regard to the legal questions and amount of property involved, which at that day had been brought before our tribunals, and in which case he completely triumphed. Only a short period previous to his decease Colonel Burr remarked, that on this occasion he had acquired more money and more reputation as a lawyer than on any other during his long practice at the bar. A letter was addressed to Thurlow Weed, Esq., requesting him to apply to the Hon. John Van Ness Yates, son of the late chief justice, and ascertain whether the incident, as reported, was founded on fact. To that letter Mr. Weed received the following answer.

JOHN VAN NESS YATES TO THURLOW WEED.

Albany, July 8th, 1837.

DEAR SIR,

After some difficulty in finding my father's notes of the argument in the case of Le Guen vs. Gouverneur and Kemble, I have ascertained that the account you showed me, given in the letter of M. L. Davis, Esq., is in the main correct. My father's notes of General Hamilton's argument are _very copious_. Those of Colonel Burr's are _limited_, in this way--"Burr for plaintiff, I. The great principles of commercial law which apply to this case are"--then follows a hiatus of some lines. After which, as follows:--

"II. The plaintiff"--another _hiatus_.

"III. !!!!!" and this concludes all I can find.

Hamilton's eloquence was (if I may be allowed the expression) _argumentative_, and induced no great elevation or depression of mind, consequently could be easily followed by a note taker. Burr's was more _persuasive_ and _imaginative_. He first enslaved the _heart_, and then led captive the, _head_. Hamilton addressed himself to the _head_ only. I do not, therefore, wonder that Burr engrossed all the faculties of the hearer. Indeed, I have heard him often at the bar myself, and always with the same effect. I do not recollect, in conversation, any particular allusion of my father's to Burr's argument in the case of Le Guen _vs_. Gouverneur and Kemble; but I have frequently heard him say, that of all lawyers at the bar, Burr was the most difficult to follow in the way of taking notes. Yet Burr was very _concise_ in his language. He had no pleonasms or expletives.

Every word was in its proper place, and seemed to be the only one suited to the place. He made few or no repet.i.tions. If what he said had been immediately committed to the press, it would want no correction.

Yours respectfully,

J. V. N. YATES.