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330 CONG....20 SESS.

Vindication of the Late James A. Bayard.


The proposed tariffs could, of course, if estab- but Congress have made large appropriations and that answer must show that the assumed or lished now, have no retrospective operation. We which the Secretary could not foresee and estimate estimated expenses of the Government, from 1854 see what their “working' would have been. But for; and this will continue to be done.

to 1861, are too high. All else is clear deduction, taking things as we find them, the public debt as We see, then, that there has been a large in- so far as the calculations are concerned, from we find it, and estimating as accurately as we crease in the estimates; a large increase in the ex- admitted facts and premises. If this cannot be can, in view of all the facts, the probable future penses, and that the actual expenses have generally shown, there will be no occasion for alarm at the expenses of the Government, the question for us exceeded the estimates. I am not saying this is prospect of a very early payment of the public to consider is, what their practical working" right or wrong, or that the expenses ought to be debt under the present tariff even. and effect upon the revenue and general interests more or less; but am speaking simply of the fact There was a balance in the Treasury, July 1, of the country hereafter would be? Without that they have increased very rapidly for the last 1854, of $20,137,967 50; and it may be said that stopping, then, to inquire further what condition seven years, and that there is no reason to believe so far, at least, as this amount is more than is the country would now be in with such an excess they will be reduced for the next seven years. necessary to be kept on hand subject to draft, the of imports over exports in the last seven years, What, then, would be a fair estimate of the ex- revenue may be reduced. But the revenue, even we see what the state of things has been, and penses of the Government, exclusive of the public || if the present tariff should be continued, the is, with an excess of $93,000,000_let us look at debt, for seven years, from 1855 to 1861, inclusive? Secretary informs us, will be reduced annually the effect of continuing those tariffs seven years || They exceeded $51,000,000 in 1854. The first $1,524,457 40, under the reciprocity treaty with longer. But, in order to this, we need first to quarter of the fiscal year 1855 they have been at the the British provinces. In seven years this will ascertain what the expenses for another seven rate of over $57,000,000. With these facts, I esti- amount to $10,671,201 80. And it cannot be years are to be, and how they will compare with mate the expenses of 1855 at $52,000,000, and expected that the receipts from public lands, under what they have been. Will they be less, or the take that sum as the standard or annual average the operation of the acts graduating the price and same, or more? We cannot act understandingly || for the seven years; and I submit that, judging granting bounty land, will be as much as they in making provision for the expenses of the Gov- from the past ratio of increase, there is reason to have been. In 1854, the receipts from public ernment, without forming an opinion of what believe that it will be much more than this.

lands were $8,470,798 39. I think it quite reasonthey will amount to, and no intelligent opinion || At this estimate, the total expenses of the Gov- able, therefore, to conclude that the revenue will can be formed except from the facts. What, ernment, from 1854 to 1861, exclusive of the be reduced in seven years, under the reciprocity then, are the facts bearing upon this point?

public debt, will be .....

•$364,009,000 00 treaty, and from a falling off of receipis from The Secretary relies upon what he considers | Total receipts under the present

public lands, more than enough to cover any sum "almost a certainty that our increasing commerce tariff, with the same amount of

ihat might properly be drawn from the balance in will give an increase of revenue equal to all the imports....

347,447,956 03 | the Treasury last July. But if there be any doubt reasonable demands of the future." But what is

of this, such a reduction can easily be secured by his idea of reasonable demands ? What does he Excess of expenses over receipts, $16,552,043 97 || adopting the suggestion of the Secretary, and mean by it? Does he suppose the expenses of Add public debt, July 1, 1854.... "47,242,206 11 | admitting articles of raw material used in the arts the Government are to be, or may be, reduced, and

and manufactures free of duty. This may be that less revenue will be needed? It is quite clear Public debt under existing tariff,

done, too, without touching a single article that that he does not, as we shall see by comparing the July 1, 1861.....

$63,794,250 08 comes in competition with anything produced estimates of expenses for the fiscal years ending

here, and it ought to be done at once, whether June 30, 1854, 1855, and 1856—those for 1855 and Secretary's tariff, total expenses..$364,000,000 00 there be doubt or not as to the operation of the 1856 being made by the Secretary himself: Total receipts, ($55,652,133 less) 291,795,823 03 reciprocity treaty and land laws. Estimate of expenses for 1854....$39,323,870 32

The remarks I have submitted have had reference Estimate of expenses for 1855.....44,195,150 68 Excess of expenses over receipts, $72,204,176 97 || mainly to the revenue aspect of the question, Estimate of expenses for 1856.....49,656,928 17 | Add fublic debt, July 1, 1854... "47,242 206 11 bearing, of course, incidentally, upon the question He does not, then, as this comparison shows,

of protection. The pending propositions open base his recommendation of a reduction of the Public debt, July 1, 1861.. .$119,446,383 08the whole question of the propriety and policy of tariff upon the idea that the expenses are to be

protection, and I may take occasion to present reduced, and for that reason less money will be | Committee's iff, expenses.....$364,000,000 00

my views upon it more fully when the subject wanted. And still further comparisons will furnish | Receipts, ($79,537,740 less).... 267,910,216 03 comes up. no reason to suppose there will be a reduction of expenses, but, on the contrary, show that they Excess of expenses over receipts, $96,089,783 97

VINDICATION OF THE LATE JAMES A. BAYARD. have been increasing, and are likely to continue | Add public debt, July 1, 1854... 47,242,206 11 to increase. A few only can be presented here. The average annual expenses of the Govern- | Public debt, July 1, 1861........$143,331,990 08

REMARKS IN THE SENATE, ment for three years, from June 30, 1847, to June

WEDNESDAY, January 31, 1855, 30, 1850, were $40,775,662 29. And the expenses Now, admitting that the expenses of the Govfor military service in these years, growing out ernment from this time on till 1861 will be as large

In regard to the Aspersions upon the Memory of

late James A. Bayard, of Delaware, contained of the Mexican war, were $20,187,132 60 more as I have estimated them and I doubt whether a

in the " Anas" of Thomas Jefferson, as pubthan the average for that service for the four fol- | single member can convince himself that they will

lished under the authority of Congress. lowing years. Deducting this sum, (and it should not be there must be an increase of imports, be deducted in comparing the ordinary expenses under the existing tariff, of $78,493,201; under Mr. BAYARD said: Mr. President, since I have of the Government at different periods,) the aver- the Secretary's tariff, of $419,028,452; and under been a member of the Senate, under no circumage annual expenses, from 1847 to 1850, were the committee's tariff, of $630,623,127, to yield a stances have I had occasion to ask the indulgence $34,046,618 09. From 1850 to 1854 the annual revenue equal to the expenses of the seven years, of the body for the purpose of remarks upon any average was $44,884,074 09.

and prevent such an increase of the public debt. subject having a personal relation to myself; but Calling the expense for military service from And with no increase of exports from 1854 to I feel authorized to ask that indulgence now, both June 30, 1847, to June 30, 1849, the same as the ) 1861, over 1847 to 1854—and it is by no means from my position as a Senator from the State of average annual amount for 1850 to 1854, the ex- certain there will be any—the excess of imports Delaware, and a sense of duty to the memory of penses for that year would be $28,122,020 38. over the exports in 1861, would be, under the a parent who has left no undistinguished name in From 1853 to 1854 they were $51,018,239 60; 1) existing tariff, $266,004,837; under the Secreta- his country's annals. increase in seven years nearly $23,000,000. ry's tariff, $606,540,088; and under the com- My purpose is, by a succinct statement of facts, The estimated expenses for the year ending June mittee's tarift, $818,134,763.

and the submission of documents sustaining that 30, 1854, were $39,323,870 32; the actual expenses But everybody knows that, long before we had statement, to repel and refute iwo utterly groundwere $51,018,239 60, or $11,694,369 28 over the reached these points of excess of imports over the less aspersions upon the memory of my father, estimate.

exports, every dollar of specie would be withdrawn || (the late James A. Bayard, of Delaware,) conThe estimated expenses for the year ending from the country, every bank would suspend pay- tained in the “ Anas" of Thomas Jefferson, as June 30, 1855, were $44,195,150 68, averaging | ment, and universal bankruptcy prevail, from one published under the authority of Congress. A $11,048,787 67' for each quarter; but the actual end of the land to the other. We cannot pay for copy of the works of Mr. Jefferson was delivered expenses for the first quarter were $14,293,317 45. such an amount of imports if made, and yet, if we to me, as a member of the Senate, at the comShould the expenses of the other three quarters were under either of the proposed tariffs, they must mencement of the present session; and, in running be the same, the actual expenses of the year will be made, or the public debt would go on increasing. over them, I found that two charges, reflecting amount to $57,173,269 80, exceeding the estimates Shall I be told that these calculations are made upon the character of my father, which were pub$12,978,119 12. Perhaps the expenses of 1855 upon an erroneous principle, and do not show the lished in the first edition of Mr. Jefferson's works, may not be as much as this; probably they will practical "workings ” of the proposed tariffs? 1 were retained in the edition published by the aunoc be; but it is pretty certain they will be largely answer, if there be error in the principle, the error thority of Congress. In a note, at page 87, of the in advance of the estimates.

is the Secretary's, not mine. He has calculated ninth volume, the editor assigns the reasons why The estimated expenses for the year ending || what their precise "working" would have been he“ did not feel at liberty" to exclude, what he June 30, 1856, are $49,656,928 17, or about for six years, and I have merely spread his cal. denominates " the celebrated Anas” from the $5,000,000 more than the average annual expenses | culations, or others made upon the same basis, | publication. I mean to imply no censure upon from 1850 to 1854; but the actual expenses of 1856 over a longer period.

him for retaining them, though I might have arwill exceed the annual average from 1850 to 1854 And what answer will the honorable chairman rived at a different conclusion; and I doubt not more than $15,000,000, if they exceed the estimates of the Committee of Ways and Means, or any

that he exercised an honest discretion. But the as much as they did in 1854, and are likely to in other member of that committee, or of the House, | very fact that, in this publication made under the 1855.

who favors the committee's plan of reduction, authority of Congress the two charges to which The estimates no doubt are very correctly made, Il make to them? There can be but one answer, ll I allude, though previously refuted, have been 330 CONG....20 Sess.

Vindication of the Late James A. Bayard.



retained without the slightest notice of that refu. at rest, he hoped he should be pardoned for referriog to the

objectional passage in their presence. tation, renders it more appropriate indeed, im

He then read, from the fourth volume of Jefferson's perative—that I should thus publicly repel any

Memoirs, page 515, (the same volume which had been statement contained in that publication aspersing brought into the Senate by General Hayne,) the following the character of one of the most distinguished citi- passage:

February the 12th, 1801.- Edward Livingston tells me zens of my State, and of a father around whose

that Bayard applied to-day, or last night, to General Sammemory my best affections are clustered; whose

uel Smith, and represented to him the expediency of coming stainless character affords some consolation to his over to the States who vote for Burr; that there was nothchildren for his early death.

ing in the way of appointment which he might not com

mand, and particularly mentioned the Secretaryship of the Mr. President, when the first publication of the

Navy. Smith asked himn if he was authorized to make the works of Mr. Jefferson was made, in 1830, my

offer. He said he was authorized. Smith told this to Livfriend and colleague, who had just entered the ingston, and to W.C. Nicholas, who confirms it to me,' &c. Senate of the United States, having his attention "He then called upon the Senators from Maryland and attracted to one of the misrepresentations con- Louisiana, referred to in this passage, to disprove the state

ment here made. tained in these “ Anas," with a promptitude and

"Mr. SMITII, of Maryland, rose and said, that he had sincerity, and depth of feeling, which I can never

read the paragraph before he came here to-day, and was, forget, called the attention to the passage of two therefore, aware of its import. He had not the most distani Senators (then most fortunately members of this recollection that Mr. Bayard had ever made such a propbody) on whose alleged authority this misrepre- | politically opposed, were intimate personal friends, and he

osition to himn. Mr. Bayard, said he, and myself, though sentation is founded, and it was then, by their

was an honorable man. Of all inen Mr. Bayard would testimony, publicly refuted.

bave been the last to make such a proposition to any man; The second misrepresentation, however, escaped

and I am confident that he had 100 inuch respect for me, to

have made it, under any circumstances. I never received his notice, but the publication of what had occur

from any man any such proposition. red in the Senate, brought the writings of Mr.

“ Mr. LIVINGSTON, of Louisiana, said that, as to the preJefferson, for the first time, within the knowledge | cise question which had been put to him by the Senator of my brother, Richard H. Bayard, (one of my

from Delaware, he must say, that having taxed his recol

lection, as far as it could be on so remote a transaction, he predecessors in this body) and myself.

had no remembrance of it.” We found the second misrepresentation in another part of the “Anas,” and, subsequently,

DEPOSITION OF J. A. BAYARD. after months of inquiries, were enabled to obtain the deposition of James A. Bayard, sworn and examined documentary testimony utterly demolishing both on the twenty-day of in the year of our Lord

one thousand eight hundred and five, ai Wilmington, in these aspersions upon our father's memory.

the State of Delaware, by virtue of a commission issuWe published this testimony in December,

ing out of the supreme court of judicature in the State of 1830, in a newspaper in Philadelphia, and also, in New York, to John Vaughan, directed for the examinapamphlet; but such a mode of refutation being of tion of the said James A. Bayard, in a cause there de

pending between Aaron Burr, plaintiff, and James Cheeta perishable nature, and the works of Mr. Jeffer

ham, defendant, on the part and behalf of the defendant. Bon having been republished under the authority

1st. To the first interrogatory this deponent answers and of Congress, it is requisite that the refutation

says: As a member of the House of Representatives I paid should be made in a more public and more endur- a visit of ceremony to the plaintiff on the 4th of March, in ing form.

the year one thousand eight hundred and one, and was inThe first charge will be found in the ninth vol- troduced to him. I had no acquaintance with him before

that period. I had no kuowledge of the defendant but what ume of the congressional edition of Mr. Jeffer

was derived from his general reputation before the last sesson's works, page 202.

sion of Congress, when a personal acquaintance comIt is in these words:

menced upon my becoming a member or ihe Senate.

2d. To the second interrogatory this deponent saith: 1 “February 12, 1801.-Edward Livingston tells me that Bayard applied to-day, or last night, to General Samuel

3d. To the third interrogatory this deponent saith: There Smith, and represented to him the expediency of his com

was an equality of electoral votes for Mr. Jefferson and ing over to the States who vote for Burr; that there was Mr. Burr, and the choice of one of them did, of conse. nothing in the way of appointment which he might not quence, devolve on the House of Representatives. command, and particularly mentioned the Secretaryship of 41h. To the fourth interrogatory this deponent saith : The the Navy. Smith asked him if he was authorized to make House, resolved into States, balloted for a President a the offer. He said he was authorized. Smith told this to number of times the exact number is not at present in my Livingston and to W.C. Nicholas, who confirms it to me.” recollection-before a choice was made. The frequency In answer to this charge, I shall first read the

of balloting was occasioned by the preference given by the

Federal side of the House to Mr. Burr. With the exception remarks in the Senate at the time my colleague of Mr. Huger, of South Carolina, I recollect no Federal brought it to the notice of Messrs. Smith and member, who did not concur in the general course of balLivingston; then the deposition of my father made

loting for Mr. Burr. I cannot name each member. The in 1805, in a suit for libel brought by Aaron Burr, | House, though not of the states. Their names can be

Federal members, at that time, composed a majority of the against James Cheetham, and a letter written by ascertained by the Journals of the House of Representhim to General Hamilton, on the 7th of January,

atives. 1801. I shall also refer to a letter from Colonel

5th. To the fifth interrogatory this deponent gaith: I

know of no measures but those of argument and persuasion Burr to General Smith, a copy of which is given which were used to secure the election of Mr. Burr to the in the deposition of General Smith in the case of Presidency. Several gentlemen of the Federal party doubted James Gillespie against Abraham Smith, which the practicability of electing Mr. Burr, and the policy of

attempting it. Before the election came on, there were deposition I shall read hereafter in refutation of

several meetings of the party to consider the subject. It was tho second charge made by Mr. Jefferson.

frequently debated; and most of the gentlemen who had

adopted a decided opinion in favor of his election, cmployed REMARKS IN THE SENATE.

their influence and address to convince those who doubted, " The Senate resumed the consideration of the resolution of the propriety of the measure. I cannot tell whether Mr. moved by Mr. Foor respecting surveys of the public lands. Burr was acquainted with what passed at our meetings. Mr. BENTON being entitled to the floor

But I neither knew nor heard of any letter being written “Mr. Clayton said, that he desired the permission of to him on the subject. He never informed me, nor have I the Senator Missouri, (Mr. BE TON,] who was enti- reason to believe, further than inference

open protled to the fioor, to call the attention of two of the honor- sessions, and public course pursued by the Federal party, able members of this body, Mr. SMITH, of Maryland, and that he was apprised that an attempt would be made to Mr. LIVINOSTON, of Louisiana, to a passage in a book which secure his election. had been cited in this debate by the Senator from South Car- 6th. To the sixth interrogatory the deponent saith: Mr. olipa, (Mr. HAYNE,) as authority on another subject. He did Burr, or any person on his behalf, never did communicate not rise for the purpose of discussing the resolution itself. to me, in writing or otherwise, nor to any other persons of In the wide range of the debate here, the northeastern and which I have any knowledge, that any measures had been southern sections of the country had been arrayed against suggested, or would be pursued, to secure bis election. each other. He listened to the discussion without any in- Preceding the day of the election, in the course of the tention of participating in it, while the State which he had session, the Federal members of Congress had a number of the honor in part to represent, had escaped unscathed by general meetings, the professed and sole purpose of which the controversy. Though favorable to the resolution, as a was to consider the propriety of giving their support to mere proposition to inquire, he felt but little interest in such the election of Mr. Burr. The general sentiment of the contentions between the North and South; and his only party was strongly in his favor. Mr. Huger, I think, could desire in relation to that subject, was, that the warmth of not be brought to vote for him. Mr. Craik and Mr. Baer, the discussion might have no tendency to alienate one por- of Maryland, and myself, were those who acquiesced with tion of the country from the other. But his attention had the greatest difficulty and hesitation. I did not believe Mr. been called by a number of members of this House, to a Burr could be elected, and thought it vain to make the atpassage in the same book, another part of which had been lempt. But I was chiefly influenced by the current of pub. referred to by the Senator from South Carolina. That lic sentiment, which I thought it neither safe nor politic passage charged an illustrious statesman, who formerly to counteract. It was, however, determined by the party occupied the seat of a Senator here, and whose memory without consulting Mr. Burr, to make the experiinent, and fame were dear to himself and to the people be repre- whether be could be elected. Mr. Ogden never was author sented, with atrocious corruption, of which, he was con- ized nor requested by me, nor any member of the House, vinced that great and good man could never have been 10 my knowledge, to call upon Mr. Burr, and to make any guilty; and as the witnesses referred to in the book itself propositions to him of any kind or nature. I remember were present, and ready to give testimony to set the charge Mr. Ogden's being at Washington, while the elecuion was

depending. I spent one or two evenings in his company al Suller's hotel, in small parties, and we recalled an acquaintance of very early life, which had been suspended by a separation of eighteen or twenty years. I spent not a moment with Mr. Ogden in private. It was reported that he was an agent for Mr. Burr, or it was understood that he was in possession of declarations of Mr. Burr, that he would serve as President if elected. I never questioned him on the subject. Although I considered Mr. Burr personally better qualified to fill the office of President than Mr. Jefferson, yet for a reason above suggested, I felt no anxiety for his election, and I presumed if Mr. Ogden came on any errand from Mr. Burr, or was desirous of making any disclosure relative to his election, he would do it with out any application from me. But Mr. Ogden or any other person never did make any communication to me from Mr. Burr, nor do I remember having any conversation with him relative to the election. I never had any communication directly or indirectly with Mr. Burr in relation to his election to the presidency. I was one of those who thought from the beginning that the election of Mt. Burt was not practicable. The sentiment was freely and openly erpressed. I remember it was ger ally said by those who wished a perseverance in the opposition to Mr. Jefferson, that several Democratic States were more disposed to vote for Mr. Burr than for Mr. Jefferson. That out of complaisance to the known intention of the party they would vote a decent length of time for Mr. Jefferson, and as soon as they could excuse themselves by the imperious situation of affairs, would give their votes for Mr. Burr, the man they really preferred. The States relied upon for this change were New York, New Jersey, Vermont, and Tennessee. I never however, understood that any assurance to this effect came from Mr. Burr. Early in the election it was reponed that Mr. Edward Livingston, the Representative of the city of New York, was the confidential agent of Mr. Burr, and that Mr. Burr had committed bimself entirely to the discrelion of Mr. Livingston, having agreed to adopt all his acts. I took an occasion to sound Mr. Livingston on the subject, and intimated that, having it in my power to terminaie the contest, I should do so, unless he could give me some assurance that we might calculate upon a change in the voles of some of the members of his party. Mr. Lipingaton stated that he felt no great concern as to the event of the election, but he disclaimed any agency from Mr. Burr, or any connection with him on the subject, and any knowledge of Mr. Burr's designing to cooperate in support of his election,

7th. The deponent answering that part of the seventh interrogatory, which relates to letters received from the late Alexander Hamilton, says: I did receive, in the course of the winter of 1801, several letters from General Hamilton upon the subject of the election, but the name of David A. Ogden is not mentioned in any of them. The general design and effect of these letters was to persuade me to vote for Mr. Jefferson, ar not for Mr. Bori T letters contain very strong reasons and a very earnest opinion against the election of Mr. Burr. In answer to the residue of the same interrogatory, the deponent saith :1 repeat that I know of no means used to promote the election of Mr. Burr, but persuasion. I am wholly ignorant of what the plaintiff was apprized of in relation io the election, as I had no communication with him, directly or indirectly; and as to the expectation of a change of voies from Mr. Jefferson to Mr. Burr, I never knew of a better ground for it than the opinions and calculations of a number of members.

8th. In answer to the eighth interrogatory, the deponent saith : I know of nothing which, in my opinion, can be of service to the defendant in the cause.

To the interrogatory on the part of the plaintiff, the deponent answers: Having yielded with Messrs. Craik and Baer, of Maryland, to the strong desire of the great body of the party with whom we usually acted, and agreed to vote for Mr. Burr, and those gentlemen and myself being governed by the same views and motives, we pledged ourselves to each other to pursue the same line of conduct, and act together. We felt that some concession was due to the judgment of a great majority of our political friends, who differed from us in opinion, but we determined that no consideration should niake us lose sight for a moment of the necessity of a President being chosen. We therefore resolved that as soon as it was fairly ascertained that Mr. Burr could not be elected, to give our votes to Mr. Jefferson. General Morris, of Vermont, shortly after acceded to this arrangement. The result of the ballot of the States bad uniformly been eight States for Mr. Jefferson, six for Mr. Burr, and two divided. Mr. Jefferson wanted the vote of one State only; those three gentlemen belonged to the divided States, I beld the vote of the State of Delaware; it was therefore in the power of either of us to termipate the election. Those gentlemen knowing the strong interest of my State to have a President, and knowing the sincerity of my determination to make one, left it to me to fix the time when the opposition should cease, and to make terms, if any could be accomplished, with the friends of Mr. Jefferson. I took pains to disclose this state of things in such a manner, that it might be known to the friends of Mr. Burr, and to those gentlemen who were believed to be most disposed to change their votes in his favor. I repeatedly stated to many gentlemen with whom I was acting, that it was a vain thing to protract the election, as it had become manifest that Mr. Burt would not assist us; and, as we could do nothing without his aid, I expected, under these circumstances, if there were any latent engines at work in Mr. Burr's favor, the plan of operations would be disclosed to me. But, although I had the power, and threatened to terminate the election, I had not even an intimation from any friend of Mr. Burr's, that it would be desirable to them io protract it. I never did discover that Mr. Burr used the least influence to promote the object we had in view. And being completely persuaded that Mr. Burr would not coöperate with us, I determined to end the contest by voting for Mr. Jefferson. I publicly announced the intention which I designed to carry into effect the next day. In the morning of the day there was a general meeting of the party, where it was generally


330 CONG.... 20 Sess.

Vindication of the Late James A. Bayard.


admitted that Mr. Burr could not be elected; but some Further, the charge made by Mr. Jefferson in- of time I do not recollect. The acquaintance did not thought it was better to persist in our vote, and to go withvolves the gross absurdity of an entire stranger to

extend beyond the common salutation upon meeting, and out a President rather than to elect Mr. Jefferson. The

accidental conversation upon such meetings. greater nuober, however, wished the election terminated, Colonel Burr, making an authorized offer of office

To the third interrogatory he answers and says: I was a and a President made; and, in the course of the day, the on his behalf, with a view to the corruption of one member of the House of Representatives of the United manner was settled, which was afterwards adopted, to end of his (Burr's) intimate friends and correspond States, during the fi ith, sixth, and seventh Congresses, from the business. Mr. Burr, probably, might have put an end sooner to the ents, who had been selected by him as his proxy,

the 3d of March, 1797, 10 the 3d of May, 1803.

To the fourth interrogatory he answers and says: The election by coming forward and declaring that he would to defeat the very object for which the alleged

electoral votes for Thomas Jefferson and Aaron Borr, for not serve, if chosen; but I have no reason to believe, and offer was made. This relation of Colonel Burr President of the United States, were equal, and that the never did think, that he interfered, even to the point of

to Mr. Smith, appears in his letter to the latter, of choice of one of them as President did devolve on the personal influence, lo obstruct the election of Mr. Jefferson, the date of December 16, 1800, which letter was

House of Representatives. or to promote his own.

To the fifth interrogatory bo answers, and says: I prea matter of notoriety before the alleged conversa.

sume this interrogatory points to an occurrence which took LETTER FROM J. A. BAYARD TO A. HAMILTON. tion between my father and General Smith, is place before the choice of President was made, and after

WASHINGTON, 7th January, 1801. stated to have occurred, having been published in ihe balloting had continued for several days, of which I DEAR SIR: I have been but a few days in this city, but the newspapers as early as December 30, 1800. have olten publicly spoken. My memory enables me to since my arrival have had the pleasure to receive the letter

state the transaction, in substance, correctly, but not to be I shall read a copy of it, as contained in General

answerable for the precise words which were used upon which you did me the honor to write on the 27th ultimo. I am fully sensible of the great importance of the subject to

Smith's deposition, in my answer to the second the occasion. Messrs. Baer and Craig, merabers of the which it relates, and am, therefore, extremely obliged by charge.

House of Representatives from Maryland, and General the information you have been so good as to communicate. Sir, I look back with pride and pleasure to the

Morris, a member of the House from Vermont, and myself,

having the power to determioe the votes of the States, from course taken by my father in the election of 1801, similarity of views and opinions during the pendency of the It is considered that, at least in the first instance, Georgia, and the service he rendered to his country in election, made an agreement to vote together. We foresaw North Carolina, Virginia, Tennessee, Kentucky, Pennsylbeing the chief actor in its termination.

that a crisis was approaching which might probably force vania, New Jersey, and New York, will vote for Mr. Jefferson. It is probable that Maryland and Vermont will be

I will not detain the Senate by reading the

us to separate, in our votes, from the party with whom we

usually acted. We were determined to make a President, divided. It is, therefore, counted that, upon the first ballot, other testimony, in corroboration of that which I and the period of Mr. Adams's Administration was rapidly it would be possible to give to Mr. Burr six votes. It is have submitted, but I desire that it may be ap- approaching. calculated, however, and strongly insisted by some genule

I allude

pended by the reporter to these remarks. men, that a persevering opposition to Mr. Jefferson would

In determining to recede from the opposition to Mr.

Jefferson, it occurred to us, that probably instead of being bring over New York, New Jersey, and Maryland. What io letters from Mr. Baer, of Maryland, Mr. John

obliged to surrender at discretion, we might obtain terms of is the probability relative to New York? Your means Chew Thomas, of Pennsylvania, Mr. Jarvis, of capitulation. The gentlemen whose names I have mere enable you to form the most correct opinion. As to New Vermont, (a friend and appointee of Mr. Jefferson,) | tioned, authorized me to declare their concurrence with Jersey and Maryland, it would depend on Mr. Lyon, of the || Joseph L. Sprague, of Massachusetts, and Judge

me upon the best terms that could be procured. The vote former, and Mr. Dent, of the latter State.

of either of us was sufficient to decide the choice. With a I assure you sir, there appears to be a strong inclination Paine, of Vermont.

view to the end mentioned, I applied to Mr. Jobn Nicholas, in a majority of the Federal party to support Mr. Burr. Surely, sir, my father was entitled to somewhat a member of the House from Virginia, who was a particular The current has already acquired considerable force, and more justice from a President to whose election friend of Mr. Jefferson. I stated to Mr. Nicholas, that if is manifesty increasing. The vote wbich the representation of a State enables me to give, would decide the queshe was mainly condusive, than a permanent record

certain points of the future Administration could be under

stood and arranged with Mr. Jefferson, I was authorized to tion in favor of Mr. Jefferson. At present, I am by no of one of those political calumnies, which will

say that three States would withdraw from an opposition means decided as to the object of preference. If the Fed- always arise during the excitement of party con- to his election. He asked me what those points were. I eral party should take up Mr. Burr, I ought certainly to be impressed with the most undoubúng conviction before I

tests, and which should be permitted to perish | answered, first, sir, the support of public credit; secondly, separated myself from them.

the maintenance of the naval system; and, lastly, thai I cannot, however, deny with the excitement which gives them birth.

subordinate public officers employed only in the execution that there are strong consideratious which give a preference The second aspersion upon my father's memory of details, established by law, shall not be removed from 10 Mr. Jefferson. Tbe subject admits of many and very more offensive, and equally groundless, is in the office on the ground of their political character, nor without doubtful views, and before I resolve on the part I shall take, following words:

complaint against their conduct. I explained myself, that I will await the approach of the crisis wbich may probably bring with it circumstances decisive of the event.

April 15, 1806.-—"I did not commit these things to

I considered it not only reasonable, but necessary, that The Federal party meet on Friday for the purpose of writing at the time, but I do it now, because, in a suit be

offices of high discretion and confidence should be filled by forming a resolution as to their line of conduci. I have tween him (Burr) and Cheetham, he has had a deposition

men of Mr. Jefferson's choice. I exemplified by mentionnot the least doubt of their agreeing to support Burr. of Mr. Bayard taken, which seems to have no relation to

ing, on the one hand, the offices of the Secretaries of States, Their determination will not bind me, for though it might the suit, nor to any other object than to calumniate me.

Treasury, foreign ministers, &c., and, on the other, the

collectors of ports, &c. Mr. Nicholas answered me, that cost me a painful struggle to disappoint the views and wishes Bayard pretends to have addressed to me during the pendof many gentleinen wilh whom I have been accustomed to ing of the Presidential election in 1801, through General

he considered the points as very reasonable, that he was act, yet the magnitude of the subject forbids the sacrifice of Samuel Smith, certain conditions on which my election

satisfied that they corresponded with the views and inten. a strong conviclion. I cannot answer for the coherence of might be obtained, and that General Smith, alter conversing

tions of Mr. Jefferson, and knew him well. That he was my letter, as I have undertaken to write to you from the with me, gave answers from me. This is absolutely false.

acquainted with most of the gentlemen who would probably Chamber of Representatives with an attention divided by No proposition of any kind was ever made to me on that

be about him and enjoying his confidence, in case he became the debate which occupies the House. I have not conoccasion by General Smith, nor any answer authorized by

President, and that if I would be satisfied with his assuruidered myself at liberty to show your letter to any one, me. And this fact General Smith affirms at this moment."

ance, he could solemnly declare it as his opinion, that Mr. though I think it would be serviceable, if you could trust

-Jetserson's Works, Congressional Edition, page 209.

Jefferson, in his administration, would not depart from the

points 1 had proposed. I replied to Mr. Nicholas, that I my discretion in the communication of it.

I do not read the context which relates to an had not the least doubt of the sincerity of his declaration, I am, with great consideration, your very obedient servant,


interview between Colonel Burrand Mr.Jefferson, and that his opinion was perfectly correct, but that I wanted Hon. ALEXANDER HAMILTON. some time in March, 1806—it having no relation

an engageinent, and that if the points could in any form be

understood as conceded by Mr. Jefferson, the election to my father; but confine my quotation to that It will be perceived, Mr. President, that the

should be ended, and proposed to him to consult Mr. Jer. part which embodies the charge affecting his char- ferson. This he declined, and said he could do no more charge which Mr. Jefferson has recorded is, in its acter.

than give me the assurance of his own opinion as to the offensive character, this: That my father attempted

The calumny involved in this charge is, that

sentiments and designs of Mr. Jefferson and his friends. to corrupt General Samuel Smith, of Maryland,

I told him that was not sufficient, that we should not sur: my father, in a deposition made by him under

render without better terms. Upon this we separated, and by offering to purchase his support of Mr. Burr,

oath, falsely pretended that he had addressed to Mr. I sboruly after met with General Smith, to whom I unfolded by the promise of such office as he might desire, designating, especially, the Secretaryship of the

Jefferson, through General Samuel Smith, pending myself in the same manner that I had done to Mr. Nicholas. the election of 1801, certain inquiries in the nature

In explaining myself to him in relation to the nature of the Navy, and further, that my father stated he was

offices alluded to. I mentioned the offices of George Latiof conditions to which an affirmative answer had

mer, collector of the port of Philadelphia, and Allen authorized to make the offer. It must be borne

been received by him from General Smith.

McLane, collector of Wilmington. General Smith gave in mind, that General Smith was, at the time of

My evidence in reply to this charge is conclu

me the same assurance as to the observance, by Mr. Jefferthe election of 1801, a Representative from Mary

sive. I now read the deposition of my father,

son, of the points which I had stated, which Mr. Nicholas land, and that the vote of Maryland was equally

had done. I told him I should not be satisfied, nor agree

made in the case of Gillespie vs. Smith on the 3d 10 yield, in I had the assurance from Mr. Jefferson himself; divided. The denial of Mr. Jefferson's own witness,

of April, 1806, and that of General Smith, made bui that if he would consult Mr. Jefferson, and bring the in the same case on the 15th of the same month.

assurance from him, the election should be ended. The General Smith, is broad and unqualified, and Mr.

I read also, the fifth interrogatory, omitting the

General made no difficulty in consulting Mr. Jefferson,

and Edward Livingston, who is cited as a witness

proposed giving me his answer next morning. The next that Smith made a similar statement to him, denies

others, as the depositions are perfectly intelligible day, upon our meeting, General Smith informed me that he without them:

had seen Mr. Jefferson, and stated to him the points menall remembrance of it.

tioned, and was authorized by him to say, that they corAs to the truth or falsity of the charge, Mr.


responded with his views and intentions, and that we might Livingston is not alleged to have had any per

Finh.-Do you or do you not know, or have you heard confide in him accordingly. The opposition of Vermont,

so that you believe, of any negotiations, bargains, or agree- Maryland, and Delaware, was immediately withdrawn, sonal knowledge.

ments in the year 1800 or 1801, after the said equality be- and Mr. Jefferson was made President by the votes of ten The deposition of my father, in the case of came known, and before the choice of the President, by or States, Mr. Burr'vs. Cheetham, proves that he had not on behalf of any person, and whom, with the parties called To the sixth interrogatory, the deponent answers and

Federal or Republican, or with either of them, or with any says: I was introduced to Mr. Burr, the day of Mr. Jeffereven a personal acquaintance with Colonel Burr

individual or individuals, and whom, of either of the said son's inauguration as President. I had no acquaintance antecedent to the election of 1801, and no commu

parties, relative to the office of President of the United with him before, and very liule afterwards, till the last nication with him, directly or indirectly. It fur- States? If yea, declare the particulars thereof, and the winter of his Vice Presidency, when I became a member ther shows that, from the commencement of the reasons of such your belief.

of the Senate of the United States.

To the seventh interrogatory, deponent answers and struggle, as to the election, my father was op


says: I do not know, nor did I ever believe, from any posed to the determination of his party, and only

information I received, that Mr. Burr entered into any yielded to it for a time, as “a concession which Deposition of the honorable James A. Beyard, a witness

negotiation or agreement with any member or either party, was due to the judgment of a great majority of

produced, sworn, and examined in a cause depending in in relation to the Presidential election, which depended the supreme court of the State of New York, between

before the House of Representatives. his political friends," and that, mainly through James Gillespie, plaintiff, and Abram Smith, defendant,

To the eighth interrogatory, the deponent answers and his influence, the course adopted by the Federal on the part of the plaintiff, follows:

says : Upon the subject of this interrogatory, I can express party was abandoned, and the election of Mr. To the first interrogatory, deponent answers and says: I only a loose opinion, founded upon the conjectures ai the Jefferson effected. His letter of January 7th,

do not know either the plaintiff or defendant.

time, of what could be effected by Mr. Burr, by mortgaging

To the second interrogatory he answers and says: I was the patronage of the Executive. "I can only say, generally, 1801, written in the confidence of friendship to

personally acquainted with Thomas Jefferson before he that I did believe, at the time, that he had the means of General Hamilton, confirms this conclusively. became President of the United States, the precise length 11 making himself President. But this opinion has no other

[merged small][ocr errors][merged small]

ground than conjecture, derived from a knowledge of means stated as his. Mr. Bayard then said, we will give the vote May I not, Mr. President, without aggression, which existed, and, if applied, their probable operation on on Monday, and we separated. Early in the election, my

be permitted to remark, that, rest where it may, individual characters. In answer to the last part of the colleague, Mr. Baer, told me that we should have a Presinterrogatory, deponent says: I know of nothing of which ident, that they would not get up without electing one or the

the charge of calumny rests not upon my father's Mr. Burr was apprised, which related to the election. other gentleman. Mr. Baer had voted against Mr. Jeffer- memory

J. A. BAYARD. son until the final vote, when, I believe, he withdrew, or The deposition of Mr. Bayard was made during District of Columbia, Washington: voted blank, but do not perfectly re lect.

the lifetime of all the parties connected with, or The deposition of the honorable James A. Bayard, con

5th. I became acquainted with Colonel Burr some time in the revolutionary war.

having a knowledge of, the matters detailed in it, fisting or six pages, was taken and sworn to before us, this

6th. I know of no agreement or bargain in the years 1800 and made, too, before commissioners (Messrs. 3d day of April, A. D., 1806. STEPHEN R. BRADLEY.

and 1801 with any person or persons whatsoever, respect- Bradley and Logan) opposed to him in political

ing the office of President in behalf of Aaron Burr, nor have
I any reason to believe that any such existed.

principles, and members of Mr. Jefferson's party: 7th. I received a letter from Colonel Burr, dated, I be

The memoranda of Mr. Jefferson were secluded DEPOSITION OF SAMUEL SMITH.

lieve, J6th December, 1800, in reply to one which I bad amongst his private papers, revised by him in Deposition of the honorable Samuel Smith, Senator just before written him. The letter of Colonel Burr is as 1823, eight years after Mr. Bayard's death, and

of the United States for the State of Maryland, a wit- follows: ness produced, sworn, and examined in a cause depend

left for posthumous publication in tarnish his rep

« It is highly improbable that I shall have an equal numing in the supreme court of the State of New York, ber of votes with Mr. Jefferson ; but if such should be the

utation when the means of refutation might have between James Gillespie, plaintiff, and Abram Sınith, result, every man who knows me ought to know, ibat I been lost. Those means, however, have been defendant, on the part and behalf of the defendant, as

would utterly disclaim all competition. Bcassured that the preserved, and the object and intent of these follows: Federal party can entertain no wish for such an exchange.

Anas," so far as relates to Mr. Bayard, utterly Ist. knew Thomas Jefferson some years previous to As to my friends, they would dishonor my views and insult 1800. The precise time when our acquaintance com- my feelings, by a suspicion that I would submit to be in

defeated-with what benefit to the rep

tion of menced, I do not recollect.

strumental in counteracting the wishes and the expectations Mr. Jefferson, is left to others to determine. 20. and 3d. I was a member of the House of Represent- of the people of the United States. And I now constitute Sir, I freely admit, that Mr. Jefferson was a atives of the United States in 1800 and 1801, and know you my proxy to declare these sentiments, if the occasion that Thomas Jefferson and Aaron Burr had an equal num

man of genius, and rendered great services to his shall require." ber of the votes given by the electors of President and Vicc I have not now that letter by me, nor any other letter from country; and my object is not aggression. I have President of the United States.

him, to refer to-the preceding is taken from a printed copy, endeavored to make this statement merely defen4th, Presuming that this question may have reference to which corresponds with my recollection, and wbich I be- sive; nor have I wandered from the charges affectconversations (for I know of no bargaing or agreements) lieve to be correct. My correspondence with him continued wbich took place at the time of the balloting, I will relate

ing the character of my father, for the purpose of till the close of the election. In none of his letters to me, those which I well recollect to have had with three gentle- or to any other person that I saw, was there any thing that commenting upon the opinions of Mr. Jefferson, men, separately, of the Federal party. On the Wednesday contradicted the sentiments contained in that letter. or investigating the numerous charges contained preceding the termination of the election, Colonel Josiah

S. SMITH. in his "Memoirs" against the Federal party, its Parker asked a conversation with me in private. He said that many gentlemen were desirous of putiing an end to the City of Washington, in the District of Columbia :

leading members, and the States in which it election; that they only wanted to know what would be the

The deposition of the honorable Samuel Smith, written

maintained a majority during his administration. conduct of Mr. Jefferson in case he should be elected Pres

upon five pages, was duly taken and sworn to before us, These, together with the general views of Mr. ident, particularly as it related to the public debt, to com- two of the commissioners named in the annexed commis- Jefferson on religion and Government, and his merce, and navy. I had heard Mr. Jefferson converze on

sion, at the Capitol, in said city of Washington, on the fifall those subjects lately, and informed him what I under

character as a philosopher, statesman, or man, teenth day of April, in the year of our Lord one thousand stood were the opinions of that gentleman. Dived in the eight bundred and six, and of the Independence ot the United

will be more impartially considered at a later day; house with Mr. Jefferson, and that I might be certain that

States, the thirtieth.

GEORGE LOGAN. more fairly weighed, and truly estimated, when what I had said was correct, I sought and had a conversa

DAVID STONE. those whose feelings are, in any way, connected tion that evening with him on those points; and I presume, though I do not precisely recollect, that I cominunicated to

This testimony needs no comment.

with the contest in which he was so prominent, him the conversation which I had had with Colonel Parker. Mr. Jefferson vouches Mr. Smith on the 15th of are not to be the arbiters. His most devoted

The next day General Dayton, (a Senator,) after some jesting conversation, asked me to converse with him in

April, 1806, as his witness to sustain the charge | friends, however, cannot but regret that the enprivate. We retired. He said that he, with some other of false statements made by my father. The depo- | lightened judgment and benevolent feelings, which, gentlemen, wished to have a ternination put to the pend- sition of General Smith, made under onth on the in his letter to Mr. Adams, of June 23, 1813, dicing election ; but he wished to know what were the opin- same day, corroborates, substantially and fully, the tated the sentiment, that he “should see with ions or conversations of Mr. Jefferson respecting the navy,

statement made by my father in his deposition. reluctance the passions of that day rekindled in commerce, and public debt. In answer, I said that I had last night had conversation with Mr. Jefferson on all those

It is stated in the passage from Mr. Jefferson's this, while so many of the actors are living, and subjects. That he had told me thatany opinion he should give works which I have last quoted, that the deposition all are too near the scene not to participate in at this time, might be attributed to improper motives. That

was taken in the suit of Burr os. Cheetham, and sympathies with them," did not look beyond the to me he had no hesitation in saying ibai, as to the public seemed to have no relation to the suit, nor to any

duration of his own life, and restrain the publicadebt, he had been averse to the manner of funding it, but that he did not believe there was any man who respected other object than to calumniate him, (Mr. Jeffer

tion of much that is contained in the “ Memoirs," his own character, who would or could think of injuring son.) The former part of this statement as to the

which, whether with reference to his own fame, or its credit at this time. That, on commerce, he thought title of the suit, is evidently an error, and as to the with a proper regard for the opinions, sentiments, that a correct idea of his opinions on that subject might be derived from bis writings, and particularly from his con

latter, I have neither knowledge nor the means of and characters of others, a wise discretion alone duct while he was Minister at Paris, when he thought he knowledge of the relevancy of the testimony to the

would certainly have prevented. had evinced his attention to the commercial interests of his suit of Gillespie vs. Smith. I have been able, after

Mr. President, I have concluded my defense; country. That he bad not changed opinion, and still did

diligent inquiry, to ascertain nothing in relation to but I trust I shall not be considered as trespassing consider the prosperity of our commerce as essential to the it, nor was there among my father's papers any

too far upon the time and patience of the Senate, true interest of the nation. That, on the navy, he had fully expressed his opinion in his Notes on Virginia; that paper or memorandum having reference to the by the statement of a few facts-probably little be adhered still to his ideas then given. That he believed subject. The material question, however, as re

known to the public-having relation to my our growing commerce would call for protection; that he

gards my father is, that his answer is responsive father's course during the contest of 1801, and had been averse to a too rapid increase of our pavy; that

to the interrogatory, and I have yet to learn that illustrative of his principles and character-a charbe believed a navy must naturally grow out of our commerce, but thought prudence would advise its increase to a witness has the right to determine the relevancy

acter which won the confidence of his political progress with the increase of the nation, and that in this

or irrelevancy of the matters to which he deposes opponents, whilst it retained that of his friends. way he was friendly to the establishment. General Dayto the subject in controversy in the case.

On the 17th of February, 1801, the day on ton appeared pleased with the conversation, and, I think,

Sir, when my brother and I first read this charge

which the election was terminated in favor of Mr. said that, if this conversation had taken place earlier, much trouble might have been saved, or words to that effect. we were at a loss for the means of refutation. Jefferson, mainly through the influence and exerAt the funeral of Mr. Jones, of Georgia, I walked with We could not find, amongst my father's papers,

tions of Mr. Bayard, he was nominated by Presi. Mr. Bayard, of Delaware. The approaching election beany trace of his having made such a deposition,

dent Adams as Minister to the French Republic. came the subject of conversation. I recollect no part of and a copy of his deposition in Burr vs. Cheetham,

He was then thirty-three years of age. That that conversation, except his saying that he thought that an half hour's conversation between us might settle the busi- which we did find, (in which case Mr. Jefferson nomination was unanimously confirmed by the ness. That idea was not again repeated. On the day after, alleged the false deposition to have been made,)

Senate on the 19th of February; and, on the same I had held the conversation with General Dayton, I was contained nothing of the kind.

day, Mr. Bayard addressed the following letter to asked hy Mr. Bayard to go into the committee room. He then stated that he had it in his power (and was so dis- In this state of ignorance, after many fruitless the President, resigning the office: posed) to terminate the election, but he wished information attempts at obtaining information, the documents

WASHINGTON, February 19, 1801. as to Mr. Jefferson's opinions on certain subjects, and menI have just read were fortunately-or should I not

Sir: I beg you to accept my thanks for the honor contioned, (I think,) the same three points already alluded to,

ferred on me, by the nomination as Minister to the French as asked by Colonel Parker and General Daylon, and rerather say providentially?-discovered.

Republic. Under most circumstances, I should have been ceived from me the same answer in substance, (if not in

I went to New York, and, under the supposi- extremely gratified with such an opportunity of rendering words,) that I had given to General Dayton. He added a tion that, having been a chief actor in the trans- myself serviceable to the country. But the delicate situafourth, to wit: What would be Mr. Jefferson's conduct as action, according to Mr. Jefferson's statement,

tion in which the late presidential election bas placed me, 10 the public officers? He said he did not mean confiden

forbid my exposing myself to the suspicion of having Colonel Burr, who was then living, could give me tial officers, but, by way of elucidating his question, he said,

adopted, from impure motives, the line of conduct which I such as Mr. Latimer, of Philadelphia, and Mr. M'Lane, of some information, I called upon him. His mem- pursued. Representing the smallest State in the Union, Delaware. I answered that I never had heard Mr. Jeffer- ory of those times, and indeed generally, seemed without resources which could furnish the means of selffon say anything on that subject. He requested that I to be much impaired, and it was only after many

protection, I was compelled, by the obligation of a sacred would inquire, and inform himn the next day. I did so.

duty, so to act, as pot to hazard the constitution upon wbich minute and direct inquiries that he at last told me And the next day (Saturday) told him, that Mr. Jefferson

the political existence of the State depends. had said that he did not think that such officers ought to be he thought Bradley, of Vermont, had been a com- The service which I should have to render, by acceptdisinissed on political grounds only, ercepl in cases where missioner to take depositions in a suit relating to ing the appointment, would be under the administration of they had made improper use of their offices, to force the offi

the events of the election of 1801. He had no Mr. Jefferson, and having been in the number of those who cers under them to vole contrary to their judgment. That

withdrew themselves from the opposition to his election, it further recollection of the matter. as to Mr. M'Lane, he had already been spoken to in his behalf

is impossible for me to take an office, the tenure of which by Major Eccleston, and from the character given him by I wrote to the representatives of Mr. Bradley, would be at his pleasure, that gentleman, he considered him a meritorious officer; of | and the original depositions, of which I have read You will, therefore, pardon me, sir, for begging you to course, that he would not be displaced, or Ought not to be copies, were returned to me by his son or repre

accept my resignation of the appointment. displaced. I further added, that Mr. Bayard might rest

I have the honor to be, with perfect consideration, your sentative; having been retained amongst Mr. assured, (or words to that effect,) that Mr. Jefferson would

very obedient servant,

JAMES A. BAYARD. conduct, as to those points, agreeably to the opinions I had ll Bradley's papers, and thus preserved.

The President of the United States.

33p Cong....20 Sess,

Vindication of the Late James A. Bayard.


The following extract is from a letter written
wbich was known and decided. Mr. Jefferson had identi-

period. The depositions shown me by thee, which were three days afterwards to a near relative, one of the

fied bimself with, and was at the head of, the party in Con- made by thy father in 1805, and the statement recently

gress who had opposed every measure deemed necessary earliest and most intimate friends of Mr. Bayard.

drawn up by George Baer, (my colleague in Congress,) of by the Federalists for putting the country in a posture of the occurrences wbich then happened, I believe to be subThose who knew him personally, will recognize defense; such as forufying the harbors and sea-ports, estab stantially correct-and I may add that, as a Federal memhis character in its sentiments. It contains the lishing manufactories of arms; erecting arsenals, and filling ber of the flouse of Representatives, I attended the meet

them with arms and ammunition; erecting a navy for the principles which governed his political course and

ings of the Federalists, held for consultation at that deeply defense of commerce, &c. His speculative opinions were interesting crisis-and know of no cause to doubt the sinambition, then, and through the rest of his life. known to be hostile to the independence of the judiciary, cerity of the professed object of the party, which was to Principles which induced him to accept the mis- to the financial system of the country, and to internal execute the important duty devolved upon them, by exersion to Ghent as a duty to his country, and when improvements.

cising a constitutional discretion for the benefit of the na

All these matters the Federalists believed to be intimately li tion, according to the dictates of their best judgment at the peace was concluded, to decline that to St. Peters

blended with the prosperity of the nation, and they depreburgh.

time. Of any project or determination inconsistent with cated, therefore, ihe elevation of a man to the head of the these views I am utterly ignorant, as I ain of any fact or WASHINGTON, February 22, 1801. Government whose hostility to them was open and avowed. circumstance which ought, in the slightest degree, to lessen You are right in your conjecture as to the office offered It was feared, too, from his prejudices against the party the high respect wbich, in common with the American peome. I have since been nominated Minister to France, which supported ihem, that he would dismiss all public ple, Thave uniformly entertained for the integrity of thy concurred in nem. con.--commissioned and resigned. Un- officers who differed with him in sentiment, without regard father, as well as for his preeminent talenis, zealously der proper circumstances, the acceptance would have been to their qualifications and bonesty, but on the ground ouly devoted to the service of his country. complete gratification ; but, under the existing, I thought of political character. The House of Representatives

JNO. CHEW THOMAS. the resignation most honorable. To have taken $18,000 adopted certain resolutions for their government during the RICHARD H. BAYARD. out of the public Treasury, with a knowledge that no service election, one of which was, that there should be no adcould be rendered by me, as the French Government would journment till it was decided.

I, William Jarvis, of Weathersfield, in the county of have waited for a man who represented the existing feel- On the 11th, February, 1801, being the day appointed by Windsor, and State of Vermont, do testify and declare that, ings and views of this Government, would have been dis- law for counting the votes of the electoral colleges, the in the friendly intercourse which took place between the gracelul.

House of Representatives proceeded, in a body, to the late honorable Lewis R. Morris, and myself, anong varionia Another consideration of great weight, arose from the Senate Chamber, where the Vice President, in view of

other topics, politics often became the subject of conversapart I took in the presidential election. As I had given both Houses of Congress, opened the certificates of the

tion. In one of these conversations, the contest which ihe turn to the election, it was impossible for me to accept electors of the different states, and as the votes were read, took place in the House of Representatives in the year an otfice, which would be held on the tenure of Mr. Jeffer- the tellers on the part of cach House counted, and took 1801, for the election of Mr. Jefferson or Mr. Burr, to be 800's pleasure. My ambition shall never be gratified at the lists of them, which being compared and delived to him, President of the United States, was adverted to; when expense of a suspicion. he announced to both Houses the state of the votes; which

General Morris remarked that several Federalists of higis I shall never lose sight of the motto of the great original was—for Thomas Jefferson, 73 votes; for Aaron Burr, 73 standing wished for the election of Mr. Jefferson in prerof our name.

votes; for John Adams, 65 votes; for Charles Pinckney, erence to Mr. Burr, naming the late honorable James A. Sir, it must often happen that the extent of the 614 votes; for John Jay, 1 vote; and then declared, that the

Bayard, of Delaware, as being one; and stated that Mr. services rendered by a statesman to his country,

greatest number, and majority of votes, being equal, the Bayard came to bim (General Morris) and urged him to vote

choice had devolved on the House of Representatives. will remain unknown and unestimated, and such I

in favor of Mr. Jefferson, or to absent himself when the balThe members of the House then withdrew to their own lots of the State delegations were taken. Mr. Bayard rebelieve has been peculiarily my father's fate, both Chamber, and proceeded to ballot for a President. On the

marking to him, that as he (Mr. Bayard) represented a Fedin relation to the election of 1801, and the treaty

first ballot, it was found that Thomas Jefferson had the eral State, he could not, with propriery, vote for Mr. Jeffer

votes of eight Staten, Aaron Burr of six States, and that of peace concluded at Ghent in 1814.

son, but as the State of Verinont was friendly to the election two were divided. As there were sixteen States, and a of Mr. Jefferson, no objection of the kind precluded him Such, certainly, was his own belief, when, on Jaajority was necessary to determine the election, Mr. his death bed, he expressed his calm but mournful Jefferson wanted the vote of one State. Thus the result

(General Morris) from giving his vote to Mr. Jefferson, or

from absenting himself irom ihe poll. As the delegation of regret to the distinguished surgeon who attended which had been anticipated was realized.

Vermont in Congress consisted of two members, one of him, during the short week which he survived

The balloting continued throughout that day, and the which had voted for Mr. Jefferson, and he (General Morris)

following night, at short intervals, with the same result, the had voted for Mr. Burr, the vote of the State had previously after reaching his home:“ Ah! doctor, my country twenty-sixth ballot being taken at eight o'clock on the been lost; but upon the representations of Mr. Bayard, with will never know how much she owes me."

morning of the 121 of February. The ballouing continued whom General Morris said he was on terms of the most with the same result, from day to day, till the 17th of Feb

friendly intimacy, and for whose talents he entertained the ruary, without any adjournment of the House. On the

highesi respect, and had the most entire confidence in his (ADDENDA. previous day (February 16) a consultation was held by the

honor and integrity, he was induced, prior to the last ballot, FREDERICK, April 19, 1830. gentlemen I have mentioned, when, being satisfied that to absent himself from the House, and the other member B1R: In compliance wiib your request, I now communi- Mr. Burr could not bc elected, as no change had taken being in favor of Mr. Jefferson, the vote of Vermont was cate to you my recollections of the events of the presiden

place in his favor, and there was no evidence of any effort accordingly given to him. After a lapse of ten or twelve tial election, by the House of Representatives, in 1801. on the part of himself or his personal friends to procure his years I do not pretend to recollect the precise language of There has been no period of our political history inore mis- election, it was resolved to abandon the contest. This

General Morris, but I am satisfied that the preceding declarunderstood and more grossly misrepresented. The course determination was made known to the Federal menibers

ation contains the true and faithful sense of his communiadopted by the Federal party was one of principle and not generally, and excited some discontent among the violent cation to me relative to that question. of faction, and I think the present a suitable occasion for of the party, who thought it better to go without a President

WILLIAM JARVIS. explaining the views and motives at least of those gentle

than to elect Mr. Jefferson. A general meeting, however, men who, having it in their power to decide the election at of the Federal members was called, and the subject ex.

WEATHERSTIELD, 291h April, 1830. any moment, were induced to protract it for a time, but plained, when it was admitted that Mr. Burr could not be ultimately to withdraw their opposition to Mr. Jefferson. elected. A few individuals persisted in their resolution

COUNCIL CHAMBER, Boston, June 2, 1830. I have no hesitation in saying that the facts stated in the not to vote for Mr. Jefferson, bu: the great majority wished Sır: I inclose you the statement of my brother, William deposition of your father, the late James A. Bayard, so far

the election terminated and a President chosen. Having Jarvis, of Verinont, and it gives him and myself great pleasas they came to my knowledge, are substantially correct; also received assurances from a source on which we placed ure to be in any way instrumental in vindicating the charand although nearly thirty years have elapsed since that

reliance, that our wishes with respect to certain points of acter of your father. eventful period, my recollection is vivid as to the principal Federal policy in which we felt a deep interest would be One such witness as Mr. Jarvis is sufficient. He was circumstances, which, from the part I was called upon to

observed in case Mr. Jefferson was elected, the opposition of appointed consul at Lisbon by Mr. Jefferson, and was act, were deeply graven on my memory. As soon as it

Vermont, Delaware, and Maryland, was withdrawn, and there as consul and chargé d'affaires many years. Was was generally known that the two Democratic candidates, on the thirty-sixth ballot, your father, the late James A. also appointed by Mr. Madison cowpissary general of the Jefferson and Burr, had the highest and an equal number

Bayard, put in a blank ballot, myself and my colleagues Northern Army, which he declined; was one of the presiof votes, and that the election would consequently devoive did the same, and General Morris absented himself. The dential electors of the State of Vermont at the last election, on the House of Representatives, Mr. Dent, who had bith- South Carolina Federalists also put in blank ballots. Thus and has repeatedly declined the Gubernatorial chair of that erto acted with the Federal party, declared his intention to

terminated that memorable contest.

State. With great respect, your obedient servant, vote for Mr. Jefferson, in consequence of which determ- Previous (0, and pending, the election, rumors were in

JOSEPH E. SPRAGUE. ination the vote of Maryland was divided.

dustriously circulated and letters written to diflerent parts RICHARD H. BAYARD, Esq. It was soon ascertained that there were six individuals, of the country, charging the Federalists with the design to the vote of any one of whom could at any moment decide prevent the election of a President, and to usurp the Gov.

POLITICAL HISTORY the election. These were your father, the late James A. ernment by an act of legislative power. Great anxiety and Bayard, who held the vote of the State of Delaware, Gen- apprehensions were created in the ininds of all, and of

Letter from Judge Paine, of Vermont, to the Editor of eral Morris, or Verinont, who held the divided vote of that none more than the Federalists generally, who were not

Niles's Register. State, and Mr. Craik, Mr. Thomas, Mr. Dennis, and myself, apprized of the deterinination of those gentlemen who held

WILLIAMSTOWN, (VERMONT,) June 1, 1830. who held the divided vote of Maryland. Mucb anxiety the power, and were resolved to terminate the contest when DEAR SIR : Noticing, in the papers of the day, the memwas shown by the friends of Mr. Jefferson, and much the proper period arrived. But neither these rumors, nor

orandum made by the late President Jefferson, of the comingenuity used to discover the line of conduct which would the excitement produced by thein, nor the threats inade by munication of Mr. Livingston, of Louisiana, in relation to be purslied by them. Deeply impressed with the responsi- their opponents to resist, luy force, such a measure, had the a conversation said to be held by the late Mr. Bayard, of bility which attached to their peculiar situation, and con

least intiuence on the conduct of those gentlemen. They Delaware, with General Smith, of Maryland, pending the scious that the American people looked to them for a Pres. knew the power which they possessed, and were conscious

presidential election in the flouse of Representatives in 1801, ident, they could not rashly determine either to surrender of the uprightness of their views, and of the safety and con- I determined immediately to communicate to you my their constitutional discretion, or to disappoint the expecta. stitutional character of the course they had adopted. ! knowledge of the views and sentiments of Mr. Bayard, in tions of their fellow-citizens.

was privy to all the arrangements made, and attended all relation to that election. But, from a reluctance to appear Your father, Mr. Craik, and myself, having compared the meetings of the Federal party when consulting on the in the public prints at my time of life, I changed my determideas upon the subject, and finding that we entertained the course to be pursued in relation to the election, and I ination. However, by the advice of friends, on whose judgsame views and opinions, resolved to act together, and pledge my most solemn asseveration that no such measure

ment I rely, I now concisely communicate to you my accordingly entered into a solemn and mutual pledge, that was ever, for a moinent, contemplared by that party; that knowledge on that subject. we would, in the first instance, yield to the wishes of the no such proposition was ever made; and that, if it had

And first, permit me to say, that probably I possess more great majority of the party with whom we acted, and vote been, it would not only have been discouraged, but instantly knowledge on the subject, as it relates to Mr. Bayard, than for Mr. Burr, but that no consideration should induce us to put down by those gentlemen who possessed the power, any person now living. Mr. Bayard, as is well known, protract the contest beyond a reasonable period for the pur. and were pledged to each other to elect a President before

was, at the time, the sole Representative from Delaware, pose of ascertaining whether he could be elected. We

the close of the session.

and could cast the vote of that State as he thought proper. determined that a President should be chosen, but were am, respectfully, sir, your most obedient servant,

The late General Morris and Matthew Lyon were the Ropwilling thus far to defer to the opinions of our political


resentatives from this Siale-Vermont; for, at that time, friends, whose preference of Mr. Burr was founded upon a RICHARD H. BAYARD, Esq.

Verniont had but two Representatives. General Morris belief that he was less hostile to Federal men and Federal

voted for Mr. Burr, and Mr. Lyon for Mr. Jefferson. In con. measures than Mr. Jefferson. General Morris and Mr.

LEIPERVILLE, 4th of 5th month, 1830.

sequence the vote of Vermont was lost. At the same time Dennis concurred in this arrangement.

EsteemED FRIEND: I have carefully considered the con- I was in the Senate, and was on intimate and confidential The views by wbich the Federal party were governed tents of thy letter of the 16th ultimo, and can fully appre- terms with General Morris, and had been so for many years. were these : They beld that the Constitution had vested in ciate the object in view, which appears to be the vindica- He held conversations with me every day during the balthe House of Representatives a high discretion, in a case lion of the character of thy father, James A. Bayard, in louings in the House of Representatives, in relauou to the like the present, to be exercised for the benefit of the consequence of certain " injurious imputationg” affecting business before them. nation; and that, in the execution of this delegated power, lit, contained in the writings of Jefferson, lately published, General Morris was very intimate with Mr. Bayard; and, an honest and unbiased judgment was the measure of their in reference to his conduct in the presidential election of in consequence of this intimacy, I became very well acresponsibility: Tbey were less certain of the hostility of 1801. I must be excused from attempting anything like a quainted with the latter gentleman. And I do know that Mr. Burt to Federal policy than of that of Mr. Jefferson, circumstantial account of the transactions of so reinote a li Mr. Bayard was much dissatisfied that the ballouing should

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