Please handle this volume with care. The University of Connecticut Libraries, Storrs y 3 ^1S3 DlllST=1fl 7 GAYLORD RG ,6 P/ROAJ LJuA/i B PERSONAL RECOLLECTIONS OF AARON BURR, AND SOME OF HIS COTEMPO- RARIES OF THE NEW YORK BAR. A paper read by John Gkbenwoop, at Brooklyn, N. Y., Sept. 24, 1868, before the L. I. Historical Society. I HAVE thought that some recollections of Aaron Burr, and some of the most pro- minent members of the Bar of the City of New York of his time, might be interest- ing ; and that even a hasty sketch, which is all that I can promise, prepared as it has necessarily been amidst other occupations, might not only be amusing for the hour, but be, perhaps, the means of transmitting at least to a few of those who are to come after us, some of the peculiar traits and characteristics of these distinguished men. Their memory is fast fading away ; and now, if ever, what can be recollected by those who saw and heard them should be written down and preserved. As to the first. Col. Burr, I enjoyed peculiar advan- tages of knowledge, having been for a pe- riod of about six years, namely, from about 1814 to 1820, a clerk and student in his ofiice and m constant intercourse with him, and this at a period of my life when the strongest impressions were likely to be made upon me. As to the others, I can of course give you only the result of such ob- servations as frequent opportunities of see- ing and hearing them in court in their pro- fessional characters, and occasionally at their ofiices or in other places, afforded me the means of making ; but they will be such, 332 HISTORICAL MAGAZINE [Nov., I think, as will give you some distinct idea | of them, if they should not be sufficient to reproduce them before you. The public life and character of Col. Burr are well known, for they have already be- come matter of history ; but his personal habits and peculiarities are not so well un- derstood, and it is these which I desire more particularly to bring before you. Indeed it is from these sources that more may be learned of a man's real character than from any other. What then can I say of this remarkable man — for such he truly was — Avho though small in person filled so great a space — Avho once moved familiarly before the world, and yet seems to us now so like a mystery ! There is a very old maxim with which we are all conversant, de mortuis nil nisi honum. I admit that it is more to be com- mended for its charity (blessed virtue it is) than to be regarded by the truthful histo- rian or biographer. But it may be safely said that it has been quite sufficiently de- parted from in the case of Col. Burr. The dark side of Col. Burr's character has been very often presented, and it is unnecessary that I should make another exhibition of it. It gives me pleasure to be able to bring into the light features upon which it is more agreeable to dwell, and some of which, indeed, may be contem- plated with advantage. Let me first speak of his temperance in eating and drinking. It would be natural to suppose that a man somewhat unrestricted, as it must be admitted he was, in one re- spect which may be regarded as in some degree correlative, would not be very much restrained in the indulgences of the table. But the fact is otherwise. His diet was very light. A cup of coftee and a roll, with but tseldora the addition of an egg, and never of meat or fish, constituted his break- fast. His dinner, in a majority of cases, consisted of roasted potatoes seasoned with a little salt and butter, or perhaps of some thickened milk (called sometimes " honny clabber'''') sweetened with sugar. A cup of black tea with a slice of bread and butter was the last meal ; and these constituted, as the general rule, his whole sustenance for twenty-four hours. The exception was when some friend was invited by him to dinner. He was very fond, when seated at table, of having his favorite cat near him, and it was a pleasant thing to see jmss sit on the arm of his chair and keep him com- pany. As to spirituous liquors I have no hesitation in saying, from personal know- ledge, that he never used them. His usual beverage was claret and water sweetened with loaf sugar. His wine he bought by the cask, and had bottled at his residence. The result of his abstemious course of living was that he enjoyed uniform good health, which was seldom if ever interrupted. His industry was of the most remaikable character. Indeed it may Avith truth be said that he was never idle. He was al- ways employed in some way, and what is more, required every one under him to be so. Sometimes in coming through the office and observing that I was not at work, as I might not have been for the moment, he would say, " Master John, can't you find something to do ?" although it is safe to say that no clerk in an office was ever more constantly worked than I was. He would rise at an early hour in the morning, de- vote himself to business all day — fur he had a large general practice — and usually re- tired to rest not sooner than twelve or half- past tw'elve at night. In this way he would accomplish a vast amount of work. His perseverance and indefatigability, too, were strikingly characteristic. No plan or pur- pose once formed was abandoned, and no amount of labor ever seemed to discourage him or cause him to desist. To begin a thing was, with him, to finish it. How widely in this respect he difl\?red from some professional men of his own and the present day I need hardly say. I could recur to some greatly his juniors in years who were and are his very opposites in this respect. He was for having a thing done, too, as soon as it could be, and not, as some have erro- neously supposed, for seeing how long it could be put oft' before it was begun. But I must say a w'ord of his manner in court. He seemed, in the street aiul every- where in jniblic, to be strongly conscious that he was a mark for observation — not 18GH.] H I S T li I C A L ]M A G A Z I N E , 333 indeed in the sense in whicli Hamlet is spoken of as " tlie observed of all obser- vers," but as an object, to some of curio- sity, to others of hostile or suspicious re- gard. Carrying this feeling into a court- room his manner was somewhat reserved, 'though never submissive, and he used no unnecessary words. He would present at once the main jioint of his case, and as his preparation was thorough, would usually be successful. ]>ut he was not eloquent. If he thought his dignity assailed in any manner, even infcrentially, his rebuke was withering in the cutting sarcasm of its few words, and the lightning glance of his ter- rible eyes which few could withstand. I may say in this connexion that his self-pos- session, under the most trying circumstan- ces, was wonderful, and that he probably never knew what it was to fear a human being. If there was anything which Burr's proud spirit supremely despised it was a mean^ prying curiosity. He early inculcated on me the lesson, never to read even an opened letter addressed to another which might be lying in my way, and never to look over another who was writing a letter. It was one of my duties to copy his letters, and I shall never forget the indign.ant and wither- ing look which, on one occasion, he gave to a person in the office who endeavored to see what I was copying. Neither would he tolerate any iihpertinent staring or gaz- ing at him as if to spy out his secret thoughts and reflections. " Too close inquiry, his stern glance would quell — There breathed but few whose aspect might defy The full encounter of his searching eye. He had the skill when cunning's gaze would seek To probe his lieart and watch his changing cheek, At once the observer's purpose to espy, And on himself roll back his scrutiny." You will be glad to hear me say some- thing of his very fascinating powers in conversation. It may seem strange, if not incredible, that a man who had passed through such vicissitudes as he had, and who must have had such a crowd of early and pressing memories on his mind, should be able to preserve a uniform serenity and even cheerfulness ; but such is the fact. His manners were courtly and his carriage graceful, and he had a winning smile in moments of ]»leasant intercourse which seemed almost to charm yon. He would laugh too, sometimes, as if his heart was bubbling with joy, and its eifect was irre- sistible. Nobody could tell a story or an anecdote better than he could, and nobody enjoyed it better than he did himself. His maxim w.i.s suaviterin modo^ fort iter in re. Yet where spirit and a determined manner were required, probably no man ever showed them more eftectively. Although comparatively small in person and light in frame, I have seen him rebuke and i)ut to silence men of position in society greatly his supei'iors in physical strength, who were wanting in respect in their language towards him. Col. Burr was a social man ; that is, he liked the company of a friend, and would spend a half hour with him in conversation most agreeably. Occasionally one with whom he had been on intimate terms, and who had shared his adventures, like Samuel Swartwout or William Ilosack, would call and have a pleasant time. Dr. W. J. Mc- Nevin was also intimate with him. He was very fond of young company. Chil- dren were delighted with him. He not only took an interest in their sports, but conciliated them and attached them to him by presents. The latter, I may observe, was also one of his modes of pleasing the more mature of the gentler sex. He was very fond of alludmg to events in his military life. Indeed I think that he chiefly prided himself upon his military character. His counsel was much sought by foreigners engaged in revolutionary en- terprises, who happened to be in New York ; and during the period of the revo- lution in Caraccas, Generals Carrera and Kibas, who took part in it, and during its existence visited New Y^'ork, were on very intimate terms with him. The former was a gentleman of great talent but of modest and retired bearing. There are some who suppose that Col. BuiT had no virtues. This is a mistake. He was true in his friendships, and would go any length to serve a friend ; and he 334 HISTORICAL MAGAZINE [Nov, liad also the strongest affections. I shall never forget the incidents concerning the loss of liis daughter Tlieodosia, then wife of Gov. Alston of South Carolina. Soon after Col. Burr's return fiom Europe to New York he arranged for her to come on and visit him, and she set out, as is known, from Georgetown in a small schooner called the l^atriot. Timothy Green, a retired lawyer in New Yoi-k, a most worthy man and an ohl friend of Col. Burr, went on by land to accom])any her. The tact of the departure of the vessel with his daughter and Mr. Green on board was communicated by letter from Gov. Alston to Col. Burr, and he looked forward with anticipations of joy to the meeting which, after so maoy years of separation, was to take place be- tween himself and his dear child. A full time for the arrival of the vessel at New York elapsed, but she did not come. As day after day passed and still nothing was seen or heard of the vessel or of his daugh- ter, that face, which had before shown no gloom or sadness, began to exhibit the sign of deep and deeper concern. Every means was resorted to to obtain information, but no tidings were ever lieard of that vessel or of her upon whom all the affections of his nature had been bestowed. " Hope deferred" did in this case, indeed, make sick and nearly crush the heart. His sym- bol, which he loved occasionally to stamp upon the seal of a letter, was a rock in the tempest-tossed ocean which neither wind nor wave could move. But his firm and manly nature, which no danger or reverse nor any of the previous circumstances of life had been able to shake, was near giving way. It was interesting though painful to Avitness his struggle; but he did rise supe- rior to his grief, and the light once more shone upon his countenance. But it was ever afterwards a subdued light. There Avas a story afterwards that the vessel had been seized by the crew and the passengers killed with the view of converting her into a ])irate ; but this story has never been traced to any reliable source, although a publication was made at one time that a confession to this effect had been made by fiome dying sailor. Something will be expected to be said by me with regard to his duel with Gen. Hamilton. So much has been written on this subject already that I can add nothing to the history of the transaction. Every one will form an opinion for himself as to who was to blame in that imfortunate affair. ' I will say, however, that it was a matter to which Col. Burr, from delicacy, never re- ferred. He was no boaster an<.l no calum- niator, and certainly he would have hail no word of censure for his dead antagonist. I will relate, however, an anecdote told me by him indicating the degree of hostility felt towards him by some after that trans- action, and at the same time his own intre- pidity, although to the latter he seemed not to attach the slightest importance. He was travelling in the interior of this state, and had reached a country tavern where he was to stay for the night. He was seated at a table in his room engaged in writing, when the landlord came up and announced that two young men were below and wished to see him, and added that their manner seemed rather singular. He had heard that two very enthusiastic young gentlemen were on his track, and he was not therefore surprised at the announce- ment. Taking out his pistols and laying them before him he told the landlord to show them up. They came up, and as one was about to advance into his room. Burr told him not to apju'oach a foot nearer. Then addressing them he said, " What is your business ?'^ The foremost said, " Are you Col. Burr ?» " Yes," said the Colonel. " Well," says the young man, " we have come to take your life, and mean to have it before we go away." Upon this. Burr, lay- ing his hand ui>on one of his pistols, re- plied, " You arc brave fellows, are you not, to come here two of you against one man? Now if either of you has any courage, come out with me and choose your own distance and I'll give you a chance to make fame. But if you don't accept this proposal," bringing the severest glance of his terrible eyes to bear upon them, " I'll take the life of the first one of you that raises his arm." They were both cowed, and walked oft" like puppies. 1SG3.] IIISTOIMCAL MAGAZINE. 336 It may not perhaps be out of place to relate here auotlier incident illustrating Col. Burr's remarkable ])resence of mind, Mhich occurred while he Avas in Paris. He had received a remittance of a considerable sum of money, and his valet formed a plan to rob him of it by coming u])on him una- wares with a loaded pistol, liurr was en- gaged in reading or writing in his room at a late hour at night when the fellow en- tered with pistol in hand. Burr recognised him in a moment, and turning suddenly round, said to him sternly, "How dare you come into the room with your hat on ?'' The valet, struck by a sudden awe and the consciousness of having violated that deco- rum which had from habit become virtu- ally part of his nature, raised his arm to take off his hat, when Burr rushed upon him, tripped him down, Avrested his pistol from him, and calling lor aid, had him se- cured and carried of Col. Burr, as is well known, was what is termed a good shot with ai)istol. To illus- trate his skill in this respect I will relate a circumstance told me by an old colored man named " Harry," who was in the habit, while I was with Col. Burr, of coming to his house to clean his boots and do little jobs. "Harry" had lived many years with the Colonel while the hitter's residence was at Eichmond Plill in the upper part of New York. The Colonel often had dinner j^ar- ties, and after dinner the gentlemen Avould go out upon the back piazza to enjoy the air, and would amuse themselves by tiring with a pistol at apples which " Harry" would throw up for them. Said "Harry," laughing in the way peculiar to an old Af- rican, "De Colonel Avould hit 'cm alnios ev'ry time while d'oder gentleman couldn't hit 'em at all." The charge against Col. Burr of treason has formed a prominent })art of his history. All the facts developed on the trial have been long since published, and it will not, of course, be expected that I should refer to them. I will say, however, that this was a subject upon which he was always disposed, whenever proper, to converse with those who were intimate m ith him. I my- self have conversed with him upon it. He said he had been entirely misunderstood and misrepresented as to the object which he had in view. He had never, he stated, any design hostile to the United States or any part of it. His object was, as he said, to make himself master of Mexico and place himself at the head of it, and if they had let him alone he would have done it. He seemed to entertain a great contempt for Gen. Wilkinson, who was in command at the South at the tinie, considering him a very weak man. Col. Burr, like other great men, had some remarkable ecceniricities of cha- racter. He Avas very fond of all sorts of inventions, and ahvays trying experiments. He puzzled his brains for a long time to get some motive power which would avoid the necessity of using fire or steam, of Avhich Livingston and Fulton then held the mo- nopoly. He had models made, and I also got my ambition excited about it. But his efforts and ray own philosophical powers and chemical knowledge fell short, after a hard trial, of accomplishing the object. One great end which he desii-ed to attain in housekeeping Avas to save fuel — not mo- ney ; and I have knoAvn hhn to go to an expense, I should judge, of forty or iifty dollars in contrivances to save live dollars in the value of Avood consumed. When Quincy's soap-stone stoves Avere introduced his experiments Avere almost interminable. He Avas very liberal and even reckless in spending money for certain purposes, Avhile in others, such as bills of mechanics, he Avas very particular and scrutinizing. He liked to have a bill looked over very carefully, and reduced to as Ioav an amount as the case would admit of, but, so far as I know, never practised any dishonesty or refused to pay any just debt which he had incurred. A Scotch carpenter, by the name of An- drcAV Wright, Avho did a great deal of job- bing carpenter's Avork for liim, and Avhose bills it was amongst my duties to examine, finding the course pursued in relation to them, took it very good-naturedly, but adopted an ingenious expedient to secure a fair amount at least. He Avould make a gross charge for the job and then add the items in detail, can-ying out also charges 336 HISTORICAL MAGAZINE. [Nov., for them. I will not say the amount was intended to be duplicated, but after the ordeal through which the bill passed, he got, probably, what was fiirly due. I stated in a former part of this paper that Col. Burr was very temperate in eat- ing and drinking. Whilst that is true, it is not true that he was so in respect to smoking. He was an inveterate and con- stant smoker. lie even had cigars of an extra length manufactured to enable him the better to enjoy the tobacco, and at the same time to avoid the necessity of lighting fresh cigars after others had been consumed. It was and is now to me in- compreliensible how a man of his slender make could stand such a constant excite- ment of his nervous system and draw upon his secretory organs (for he Avas not a dry smokei") witliout being seriously injured by it. But I never noticed that they ])roduced any deleterious eifect. His constitution had no duubt been hardened by the exj*©- sures and discipline of his early military life, and this may be the explanation. What will you say when I tell you that in addition to this he took snuif? He knew a good deal about horses, and could get more service out of one without injuring him than any man I ever knew, lie took journeys often in a horse and gig, and I usually accomj^anied him. He would hire at a livery stable, and with a common horse would travel seven miles an hour all the day through, and would carry this rate sometimes through the second and some- times the third day. His mode was to keep the horse up to that gait, but never to ex- ceed it. He never attempted to pass a countryman in a wagon without asking his ])ermission, and in this way he avoided all aimoyances from dust in little races which juight otherwise have taken place. 1 have forborne thus far to refer to a matter connected with the character of Col. Burr anistolarv cor- respondence with men, had a special regard for the maxim that, " things written re- main," and was very careful as to what he wrote. But with regard to the other sex, such was his confidence in them that he wrote to them with very little restraint. Some will ])erhaps like to know what were bis reliyloas sentitnents. I do not think he was a believer in the liible as con- taining a Divinely revealed religion, nor in the superhuman nature of Christ and what are deemed the main points atler, Sickles, and Bawks, have become illustrious. Indeed I am iiifoi'med by one who has occupied a ])Osition which entitles his statement to con- fidence, that the legal profession has fur- nished more oflicers to the army than any other profession or occupation. Let us cherish the hope, then, that it may not lose its honoraltle character — that a just pride and laudable ambition, founded in an ai)prL'ci.ition and love of true great- ness, may animate its members, and con- tinue to increase until it shall take that high position to which it is entitled and should Papers Hay Relate to Burr hcumeiits Taken From Zebu-\ Ion Pike One Hundred Years j Ago Found in Archives q/} How much fli(i Zebulon M. I'iUc know about, the Aaroa B\ut con- , sniracyV 'J^'his question, hrst i-aisod 100 years ago, is still im- 1 settlpil 10 the satisfaction of the! scientific historians, and now t^O"!^^ j word from Mexico that is likely to raise the point onco more, perhaps to deur-i mine it Hually. It is ->» ,"»l">i-t;)»t l*^';)''; - too. for i'ike is Keuerally credited wit i havms? been a true patriot am Ji man •.^f unsullied honor, a soldier who li\« an explorer is world-wide. | The news from Mexico which is excil- imr the hisloriaiis was perhaps entirely ( .verlookcd by the average uewspapei j I . ader. It consisted of a very briet (ti>- . patch, published two or three days ago. ^ to the effect that there had been dis- ; covered among the Mexican archives the papers which were taken trom I^ic"teu- ant Pike when he was» captured neui Santa Fe in 1807. These papers may levi'al much as to what has always been | hidden ill the Burr conspicacy, or the> i mav turn out to be nothing more than geographical notes and descriptions ot , The couutry, for which purpose alone I'ike's expedition was ostensibly uudei- lakeu. 1 ' SENT BY WILKINSON'. \i the time of making this expedition iiii.) New Mexiof Pike was only lii years X "a lieuteuaut iu the iWd States Aruiv It was nudertakeu almost lumieUi- •ately upon his return to St. Lou s trom a somewhat similar expedition to the so ace of the Mississippi Kiver. Pike ^«"t ";i^.«\ .the orders and mstructious of <.^f»«';^' James Wilkinson. Commauder-iu-thief of the armv, and as arch a traitor as Buii bimself. -though so adroit that he i"aHaged to become (•ommander-in-Chief again aftei he had been dismissed and tried foi tiea- Uou Pikes official instructions were to Study and map the water courses down to the southern extremities of our newly-ac- nuired Louisiana, to maintain and cement friendly relations with tlie Spaniards and to take good care of one Dr. J. li. Robiu- Igon. who was going along with Inm as a '•voluuteer," the remainder of the part> iconsistiug of regular enlisted soldiers I As soon as Pike returned to the Lmted 'States after mouths of wandering inter tst in the results of his expedition w.-is Ishowa everywhere, and when these lesults Iwere published they were sought wltn avidity. The .iealous policy of hpain had alwavs surrounded her Mexican possessions with" such guards and restraints as to ren- Ider thera inaccessible and mysterious. About all that was known of the region hy Americans was v\hat had come in the siories of a much earlier time, when Span- ish explorers were marching through the f onntr.T, civilizing it and roltbing it of as much as they could carry of its fabulous wealth in gold and oth-^-t,uned ..t|,f.i-s There, i.h), he met his late tia\(i _-'eompanlon. Uobinson. but V^^^^^ I to know him. Very shortly Pike his Sanation ae.epUHl. -"« ^^t •}'•,•• ' ^^^ <^s,| •ill escort, on h s way out of the Spanl>n i rv 1 is trunk full of papers went ..i liim. hut at fhihaukna the Spanish ;,mmau'i;-.-ln-chief said i',\""'m d"' 'IS stay t« retain tlieiu and he did. IhefeC ;.re doubtless the papers .i"«t discovered AVhc-ther he was a messenger fiom Hull or Wilkii sou oi- not Pike was very coiir- pmislv treated He was never a captive ,ev ,ud bo 1 g required to leave the country nder escort He was taken to American m-itoiv a a point now within the pres- ent boundaries of Louisiana, and there "le- o-ised" While in Santa Fe and en route b 01 -h the Spanish territory Pike kept his eves and ears open, as usual, and not- i ed^iany intnresting^hlngs lie met sume ; of the rasRPd surveyors of the Nolan paitT. who venturing into the country about the 1 year 1S(X). had never returned. He also fmmd Tr.niner, a murderer, who ha.l fled , from St. Louis year.s before liyinp: a fugi- Tve tn.der the name of Henderson. He, lirst leanied in the Mexican papers while ' Sai ta Fe that Burr was being tried for ,"uspii"cy. and make* a very brief note of It in his journal. ^ , ^ i P ke was overdue when at ast he rea-hed Amerlean territory. , >V-ilkmsou wrote to him at once, telling him of the llurr affair and that he himself iWUkm- soiO was accused of complicity, and add- in" that, therefore, ''you must be^cautioub, xtremeiv cautious, how you breathe a Mord of nil that you may have to tel . , •ike at once wrote a Ions letter in reply, naking oulv a bare refereu.'e at the end i the a"cu\=ations against Wilkinson and ,.hin"iufr'at oiico into a long explanation I,f how he had been received and treated liv the Spanish authorities. •-T will omit." writes Pike, "the h auteur of mv reception (by the Spanish Goyernor| | Mjre but in the evening, finding the laaiis of San a f" «rre treating them to wine. I was apim-hensive that Intemperance might ^^'jJiriiall'ma'l'en back long before ^ became aware of gossip V" , ^;,^'^, ' ssa 4 he had been a private ageni oi mi ssa^e beam- to the slJanlards Jn ^he un; cim- i»nli-acv He at once wrote a spiiltin lei Ter to' tieneral Hearborn. Se.retaiy of, War asl^liK for such an expression as i and upriKhtnesji of Lieutenant P Milt was rather scant in praise or appro-, elation of an expedition about which the | entire country was excited, and the re- j suits of which were of acknowledged im- portance. The letter said ihat. although the expeus emphasis, what anti-Tory sentiments he has earlier ex])rcssed. \\'hen he ceases s])caking ALFRED HHNKY L H W I S 409 there is no applause, nothing save a dead stillness; for all who have heard feel that a feud has been born, a Burr-Schuylcr-Hamil- ton feud, and are prudently inclined to await its development before pronouncing for either side. The feeling, however, would seem to follow the lead of Aaron; for a re- solution, smelling of leniency toward Tories, is laid upon the table. THAT SEAT IN THE SENATE WHILE Aaron, frostily contemptuous, but with manners as superfine as his ruffles, is saying those knife-thrust things of son-in-law Hamilton, that voung desired. He makes no effort at retort, but stomachs in silence those words of Aaron which burn his soul like coals of fire. What is strange, too, for all their burning he vaguely finds in them some chilling touch as of death. He realizes, as much from the grim fineness of Aaron's manner as from his raw, unguarded words, that Aaron is ready to carry discussion to the cold verge of the grave. Son-in-law Hamilton's nature lacks in that bitter drop, so present in Aaron's, which teaches folk to die but never yield. Where- fore, in his heart he now shrinks back, afraid to go forward with a situation grown peril- ous, albeit he himself provoked it. Saving his credit with ones who look, if they do not speak, their wonder at his mute tameness, he says he will talk with General Schuyler M A J O K - (; F. N E K A I. 1' H I I. I r S C 11 i: V 1. E R A soldier and politician, General Schuyler -ivas one 0/ New York's two senators to the First Congress gentleman's face is a study in black an.d red. His expression is a composite of rage colored of fear. The defiance of Aaron is so full, so frank, that it seems studied. Son-in-law Hamilton is not sure of its purpose, or what intrigue it may hide. Deeply impressed as to his own importance, the thought takes hold on him that Aaron's attack is parcel of some deliberate design by folk who either hate him or envy him, or both, to lure him to the duel- ling ground and kill him out of the way. He draws a long breath at this, and sweats a little; for life is good and death not at all concerning what course he shall pursue. Saying which he gets away from the Fraunces Long Room somewhat abruptly, feathers measurably subdued. Aaron lingers but a moment after son-in-law Hamilton departs, and then goes his polished, taciturn way. The incident is a nine-days' food for gossip; wagers are made of a coming bloody encounter between Aaron and son-in-law Hamilton. Those lose who accept the sanguinary side; the two meet, but the collision is politely peaceful, even while no good friendliness but only a wider separation \ r HOME OK AAKDN BURR. IT WAS WASHINGTON'S HEADQl' AKTERS FOR A SHORT TIME IN 1776. BORDkR- ING THE HUDSON, THE ESTATE COMPRISED GROUND NOW TRAVERSED BY SPRING STREET is the upcome. The meeting is the work of son-in-law Hamilton, who is presented by Colonel Troup. " We should know each other better, Colonel Burr," he observes. Son-in-law Hamilton is the smiling picture of an affability that of itself is a kind of flattery. Aaron bows, while those affable rays glance from his chill exterior as from an ice field. " Doubtless we shall," says he. Son-in-law Hamilton gets presently down to the serious purpose of his coming. " General Schuyler," he says gravely, for he ever speaks of his father-in-law as though he were a demigod, " General Schuyler would like to meet you, and bids me ask vou to come to him." Colonel Troup is in high excitement. No such honor has been tendered one of Aaron's youth within his memory. Being whollv the courtier, he looks to see the honored one eagerly headlong to go to General Schuyler — that Jove who controls not alone the local thunderbolts but the local laurels. He is shocked to his courtier-like core, when Aaron maintains his cold reserve. "Pardon me, sir!" says Aaron. "Say to General Schuyler that his request is im- possible. I never call on gentlemen at their suggestion and on their affairs. When I have cause of my own to go to General Schuyler, I shall go. Until then, if there be reason for our meeting, he must come to me." "You forget General Schuyler's age!" returns sop-in-law Hamilton. There is a ring of threat in the tones. "Sir," responds Aaron, stiffly, "I forget nothing. There is an age-cant which I will not tolerate. I desire to be understood as saying, sir, and you may repeat my words'to whomsoever possesses an interest, that I shall not in my own conduct consent to a social doctrine which would invest folk, because they have lived sixty years, with a franchise to patronize or, if they choose, insult gentle- men whose years, we will suppose, are less than thirty." "I am sorry you take this view," returns son-in-law Hamilton, copying Aaron's stiff- ness. " You will not, I fear, find many to support you in it." " I am not looking for support, sir," ob- serves Aaron, jjointing the remark with one of those black, ophidian stares. " Also, I do you the courtesy to assume that you in- tend no criticism of myself by your remark." There is a rising inflection as though a question is put. Son-in-law Hamilton so far submits to the inflection as to explain. He intends only to say that General Schuyler's place in the community is of such high and honorable sort, as to make his request to call upon him a mark of favor. As to criticism: — Why, then, he criticized no gentleman. ALFRED HENRY LEWIS 411 There is much profound bowing, and the meeting ends, Colonel Troup, a trille aghast, retiring with son-in-law Hamilton, whose arm he takes. " There could be no agreement with that young man," mutters Aaron, looking after the retreating Hamilton, "save on a basis of submission to his leadership. I'll be first, or nothing." Aaron settles himself industriously to the practise of law. In the courts, as in every- thing else, he is merciless. Lucid, inde- fatigable, convincing, he asks no quarter, gives none. His business expands; clients crowd about him; prosperity descends in a shower of gold. Often he runs counter to son-in-law Hamil- ton — himself actively in the law — before judge and jury. When they are thus op- posed, each is the other's match for a care- ful but wintry courtesy. For all his courtesy, however, Aaron seldom fails to defeat son- in-law Hamilton in whatever litigation they are about. His vminterrupted victories over that young gentleman are an added reason for the latter's jealous hatred. He and his rusty father-in-law become doubly Aaron's foes, and grasp at every chance to do him harm. And yet, that antagonism has its compen- sations. It brings Aaron into favor with Governor Clinton; it finds him allies among the Livingstons. The latter powerful family invite him into their politics. He thanks them, but declines. He is for the law; hungry to make money, he sees no profit but only loss in politics. In his gold-getting, Aaron is marvelously successful; and, as he rolls up riches, he buys land. Thus one proud day he becomes master of Richmond Hill, with its lawn sweeping down to the Hudson — Richmond Hill, where he played slave of the quill to Washington, and suffered in his vanity from the big General's loftily abstracted pose. Master of a mansion, he fills his libraries w'ith books and his cellars with wine. Thus he is never without good company, reading the one or sipping the other. The faded Theodosia presides over his house; and, because of her years or his lack of them, her manner toward him trenches upon the maternal. The household is a hive of happiness. Aaron, who takes the j^edagogue instinct from sire and grandsire, puts in his leisure drilling the small Prevost boys in their les- sons. He will have them talking Latin and reading Greek like little priests, before he is done with them. As for baby Theodosia, she reigns the chubby queen of all their hearts; it is to her credit, not theirs, that she isn't hopelessly spoiled. In his wine and his reading, Aaron's tastes take opposite directions. The books he likes are heavy, while his best-liked wines are light. He reads Jeremy Bentham; also he finds comfort in William Godwin and Mary WoUstonecraft. He adorns his study with a portrait of the latter lady; which feat in decoration furnishes the prudish a pang. These book-radicalisms and his weaknesses for alarming doctrines, social and political, do not help Aaron's standing with respectable hypocrites, of whom there are vast numbers, and who for its fashion and commerce and politics give the town a tone. These whited sepulchers of society purse discreet yet con- demnatory lips when Aaron's name is men- tioned, and speak of him as favoring " Ben- thamism" and "Godwinism." Our dullard pharisee folk know no more of '' Bentham- THE FIRST PRESIDENTtAl. MANSION: IT WAS SITUATED AT NO. I CHERRY STREET, NEW YORK, AND WAS OCCUPIED BY WASHINGTON DURING THE FIRST SESSION OF THE FIRST CONGRESS 4i: THE ROMANCE OF AARON BURR ism" or " Godwinism " in their derinitiojis, than of plant life in the planet Mars; Init their manner is the manner of ones wlio speak of crimes tenfold worse than mur- der. Aaron pays no heed; neither does he fret over the innuendoes of those hypocritical ones. He was born full of contempt for men's opinions, and has fostered and flat- tered it into a kind of cold passion. Occupied with the loved ones at Richmond Hill, careless to the point of blind and deaf concerning all outside, he seeks only to win lawsuits and pile up gold. And never once does his glance rove officeward. This anti-oflfice coolness is all on Aaron's side. He does not pursue office; but now and again office pursues him. Twice he goes to the Legislature; next Governor Clinton asks him to become attorney-general. As attorney-general he makes one of a commission, Governor Clinton at its head, which sells five and a half million acres of the public land for $1,030,000. The highest price received is three shillings an acre; the purchasers number six. The big sale is to Alexander Macomb, who is given a deed for three million six hundred thousand acres at eight pence an acre. The public howls over these surprising transactions in real es- tate. The popular anger, however, is leveled at Governor Clinton, he being a sort of Caesar. Aaron, who dwells more in the back- ground, escapes unscathed. While these several matters go forward, the nation adopts a constitution. Then it elects Washington, President, and sets up government-shop in New York. Aaron's part in these mighty doings is the quiet })arl. He does not think much of the Constitution, but. accepts it; he thinks less of Washington, but accepts him, too. It is within the rim of the possible that son-in-law Hamilton, sitting in Washington's Cabinet as Secretary .of the Treasury, hely)s the Administration to a lowest place in Aaron's esteem; for he is a priceless hater, and that feud is in no degree relaxed. When the national GoNcrnnient is born, the rusty General Schuyler and Kufus King are chosen senators ior New York. The rusty old General, in the little lottery which ensues, draws the short term. This in no wise weighs upon him. What difference should it make? At the close of that short term, he will be reelected for a full term of si.\ years. To assume otherwise would be i)rc- posterous, and the rusty old General feels no such short term uneasiness. Washington has two weaknesses: he loves flattery, and is a bad judge of men. Son-in- law Hamilton, because he flatters best, sits highest in the Washington esteem. He is the right arm of the big Virginian's Administra- tion, and is quite as confident as the rusty (ieneral Schuyler of that gentleman's re- election. Indeed, if he could be prevailed upon to answer cyueries so foolish, he would say that of all sure future things the re- election of the rusty General is surest. Not a cloud of doubt is seen in the skies of either. And yet there is one who, from his place as attorney-general, is watching that Senate seat as a tiger watches its prey. Noiselessly, yet none the less powerfully, Aaron gathers himself for the spring. Both his pride and his hate are involved in what he is about. To be a senator is to wear a proudest title in the land. In this instance to be a senator means a staggering blow to that Schuyler- Hamilton tribe whose foe he is. Also, it opens a pathw^ay to the injury of V\'ashington. He would be even for what long-ago war- slights the big General put upon him, slights which he neither forgets nor forgives. Aaron smiles a pale, thin-lipped smile as he pictures with the eye of rancorous imagina- tion the look which will spread across the face of Washington, when he hears of the rusty Schuyler's overthrow and him who brought that overthrow about. The smile is quick to die, however, for he who would strip his toga from the rusty Schuyler must not sit down to dreams and castle-building. Aaron goes silently >et sedulously about his plans. In their execution he foresees tliat many will be hurt; the stubborn outlook does not daunt him. One cannot make omelettes without breaking eggs. In his coming war with the rusty Schuyler, Aaron feels the need of two things; he must have an issue, and he must have allies. It is of vital importance to bring Governor Clinton to the shoulder of his ambitions. Tie looks that potentate over with a calculat- ing c\c. making a mental catalogue of his approachable points. i'he old Governor is of Irish blood and \ Irish temper. His ancestors were not the ([uietest folk in Galway. Being of gun- ])()wder stock, he dearly loves a foe, and will no more forget a feud than a favor. Aaron shows the old Governor that, in his own laic election, the Schuvler-Hamilton ALFRED HENRY LEWIS 413 interest was slyly behind his opponent, Judge Yates, and nearly brought home victory for the latter. "You owe General Schuyler," says Aaron, "no help at this pinch. Still less are you in debt to Hamilton. It was the latter that put Yates in the field." "And yet," protests the old Governor — inclined to anger but not quite convinced — "and yet I saw no signs of either Schuyler or his son-in-law in the business." " Sir, that is their duplicity. One so open as yourself would be the last to discover such intrigues. The young fox Hamilton managed the affair; in doing so, he moved only in the dark, walked in all the running water he could find." What Aaron says is true; in the finish he gives proof to the old Governor. At that the latter's Irish blood begins to gather heat. "It is as you tell me!" he cries at last; "I can see it now! That West Indian renegate Hamilton was the bug under the Yates chip!" "And you must not forget, sir, that for every scheme of politics, ' Schuyler' and 'Hamilton' are interchangeable." "You are right! When one pulls the other pushes. They are my enemies, and I shall not be less than theirs." The Governor asks Aaron what candidate they shall pitch upon to pit against the rusty Schuyler. Aaron has thus far said nothing of himself in any toga connection, fearing the old Governor may regard his thirty-six years as lacking a proper gravity. Being asked to suggest a name, he waxes discreet. He believes, he says, that the Livingstons can be prevailed upon to come out against the rusty Schuyler, if properly approached. Such approach can be more gracefully made if no name is pitched upon. "From your place, sir, as governor," observes the skillful Aaron, "you could not condescend to go in person to the Liv- ingstons. My position, however, is not so high nor my years so many as yours; I need not scruple to take up the matter with them. As to a candidate, I can go to them more easily if we leave the question open. I could tell the Livingstons that you would like a suggestion from them on that point. It would flatter their vanity." The old Governor is pleased to regard with favor the reasoning of Aaron. He remarks, too, that with him the candidate is not im- portant. The main thought is to defeat the rusty Schuyler, who, with son-in-law Hamil- ton, aforetime played the hypocrite, and pulled treacherous wires against him in the hope of compassing his defeat. He de- clares himself fjuite satisfied to let the Liv- ingstons select what fortunate one is to be the Senate successor of the rusty Schuyler. He urges Aaron to wait on the Livingstons without delay, and discover their feelings. Aaron confers with the Livingstons, and shows them many things. Mostly he shows them that, should he be cho.sen senator, it will necessitate his resignation as attorney- general. Also, he makes it appear that, if the old Governor be properly approached, he will name one Morgan Lewis to fill the vacancy thus arranged. The Livingston eye glistens; the mother of Morgan Lewis is a Livingston, and the oflice of attorney- general will match his fortunes nicely. Besides, there are several ways wherein an attorney-general might be of much Living- ston use. No; the Livingstons do not say these things. They say instead that none is more nobly equipped for the role of senator than Aaron. Finally, it is the Livingstons who go back to the old Governor. Nor do they find it difficult to convince him that Aaron is the one surest of defeating the rusty Schuyler. " Colonel Burr," say the Livingstons, "has no record, which is another way of saying that he has no enemies. We deem this most important. It will lessen the effort required to bring about him a majority of the Legislature." The old Governor, as Aaron feared, is inchned to shy at the not-too-many years of our ambitious one. After a bit, however, Aaron, as a notion, begins to grow upon him. "He has brains, sir," observes the old Governor, thoughtfully; "he has brains; and that is of more consequence than mere years. He has double the intelligence of Schuyler, although he may not count half his age. I call that to his credit, sir." The chief of the clan-Livingston shares the Chnton view. Now takes place a com- petition in encomium. Between the chief of the clan-Livingston and the old Governor, so many excellences are ascribed to Aaron that, did he own but the half, he might think himself a model for mankind. As for Mor- gan Lewis, who is a Livingston, the old Governor finds in him almost as many vir- tues as he does in Aaron. He gives the chief of the clan-Livinsston hand and word that, 414 THE ROMANCE OF AARON BURR when Aaron steps out of the attorney-general- ship, Morgan Lewis shall step in. Having drawn to his support the two most powerful influences of the State, Aaron makes search for an issue. He looks into the mouth of the pubhc, and there it is. Politicians do not make issues, albeit many have sung otherwise. Indeed, issues are so much like poets that they are born, not made. Every age has its issue; and from it, as from Clay, the pohticians mold the bricks wherewith they build themselves into office. The issue is ever the question which the people ask; it is ever to be found in the popular mouth. That is where Aaron looks for it, and his quest is rewarded. The issue, so much demanded of Aaron's destinies, is one of those big-little questions which now and then arise to agitate the souls of folk and demonstrate the greatness of the small. There are twenty-eight members in the National Senate; and, since it is the first Senate and has had no predecessor, there exist no precedents for it to guide by. Also those twenty-eight senators are puffballs of vanity. On the first day of their first coming together they prove the purblind sort of their conceit by shutting their doors in the pubHc's face. They say they will hold their se^^sions in secret. The pubhc takes this action in dudgeon, and begins filing its teeth. Puffiest among those Senate puffballs is the rusty Schuyler. As narrow as he is arro- gant, and as dull as he is vain, his contempt for the herd was never a secret. As a senator he declares himself the guardian, not the ser\ant, of a jjeojile too weakly foolish for the safe transaction of their own affairs. It is against this self-sufficient attitude of the rusty Schuyler touching locked Senate doors that Aaron wages war. He urges that in a republic but two keys go with gov- ernment; one is to the treasury, the other to the jail. He declares that not even a senate will lock a door, unless it be either ashamed or afraid of what it is about. "Of what is our Senate afraid?" he asks. " Of what is it ashamed ? I cannot answer these questions; the people of the State cannot answer them. Under the circum- stances I recommend that those who are interested ask General Schuyler." The pubhc puts the questions to the rusty Schuyler. Not receiving an answer, the pubhc carries the questions to the Legisla- ture, where the Clinton and Livingston in- fluences come sharply to the popular back. "Shall the Senate lock its door?" The Clintons say, "No"; the Livingstons say, "No"; the people say, "No." Under such overbearing circumstances the Legisla- ture feels driven to say, "No"; and as a best method of saying it elects Aaron, who is a "door-opener," over the rusty Schuyler, who is a "door-closer," by a majority of thirteen on a whole vote of forty-eight. It is now no longer "Aaron Burr," no longer "Colonel Burr"; it is " Senator Burr." The news puts ten years on the rusty Schuyler. As for son-in-law Hamilton, the blasting word of it withers and makes sick his heart. {To he continued) FAITH (F}-o>it Victor Hugo) BY CURTIS HIDDEN PAGE G OD'S bird be thou, That trusts the frailest bough And gaily sings, Knowing that he hath wings. 30 The Four-Track. Ntus A REMARKABLE AMERICAN A Tragic Story of Perverted Genius Bv L. K. Becker LIEUT. -COL. AARON BURR , came out of the United States army in 1779 certain of a distin- guished career. Licensed to practice law in 1782, he hastened to claim the widow he had won and to set up housekeeping in Albany. Gen. Alexan- der Hamilton had married also and established himself in the same city ; side by side these brilliant young m en of the young Nation were destined to run their race to doom ; for the ruin of Burr dates from the death of Hamilton. Burr rose rapidly in favor; remov- ing in '84 to the larger field of New York, though serving the state for several years as representative and attorney-general. He lived in a com- modious house in Maiden Lane, a very busyman, but neglecting neither the state, his clients, nor his house- hold. Aaron Burr Rich] Hill, at Varick and Charlton streets, was the home most associated with Aaron BtuT. It v.-as a handsome residence, set in a hun- dred acres of dale and woodland, two miles from town; a place where a gentleman might live in quiet elegance. There were picturesque views of the Jersey vShore, and the North River flowed past the foot of the garden. The house was attract- ive; it had an air of repose, as though the habits of a scholar per- tained to it, which was true. A noble library was a distinguishing feature. Aaron Burr loved books and found solace in them all his life; scarcely a packet ship entered the harbor for years that did not bring a consignment of books to him. The hospitality of the Burr house was unlimited; the manners of the host were of the Chesterfield order. Distinguished guests were often en- tertained; statesmen, judges, bishops and, among foreigners, Talleyrand, Louis Philippe and Jerome Bona- parte. The LTnited States senatorship launched Burr upon a turbulent political sea, and Richmond Hill with its handsome appointments, its retinue of servants and its lavish hospitality began to bear heavily upon the income of its master, Avho was absent much of the time. The The I lamilton-Hurr Diu.-l MotuiiiK'nt, at Wochawkcn Inscription: "Upon this stone rested the head of the patriot, soldier, statesman and jurist, Ale.v- under Hamilton, after the duel with Aaron I'.iirr; louLjht July nth, 1804." The Four-Track News 31 The H.-B. Dueling Pistols emoluments of public office were not equal to those of professional service, and debts began to accumulate. Then came the death of Madam Burr, an irreparable loss to her husband. In 1800 Burr was chosen vice-president, and his restless soul was fired anew. Know- ing neither counsel nor restraint, he resolved that nothing should bar his way to desired victory and, later, there came a day when Alexander Hamilton represented everything that stood in his path. Richmond Hill was never lovelier than when Col. Burr left it, early on the morning of July nth, 1804, just a century ago, to fulfill an appoint- ment at Weehawken ; an appointment that deprived the United States of its foremost statesman, filled the American people with sorrow and indignation and blasted forever the name and fame of Aaron Burr. A few hours later he was discov- ered in his library, calmly perusing a classic, though the city was plunged in grief over his morning's work. Before the day was over, Col. Burr was a fugitive, and Richmond Hill knew him no more as a master. Be- fore the end of his term of office he was tried for treason by our highest tribunal and, though acquitted, was branded with obloquy, from which he attempted to escape by seeking for- eign lands. But the gods were angry and would not be appeased. For seven years Aaron Burr was a wanderer in Europe, driven from country to country, though forbidden to return to his own. When a reluctant per- mission was finally obtained he came under an assumed name. Reaching Boston almost penniless he remained all night, the sole occupant of the ship that brought him. On the morrow he obtained a few dollars from the sale of some books he had with him and, setting out for New York, after a hazardous voyage, he landed at the dead of night and was glad of a humble shelter until day- light. Debts menaced the ( x-vice-president, and pris- ons yawned, but nothing disturbed him, for his daughter, Theodosia, was en route to meet him. Alas! The ship on which she sailed never entered port, and no tidings of her ever reached her father's ears. Professional practice among petty offenders, for twenty years, main- tained the broken old man in his fallen estate. Occasionally the old fire flashed, and on one such occasion jMadam Jumel was led to employ him as her solicitor. So satisfied was the lady with his services that she invited his acquaintance, Avhich resulted in their marriage. But it was not long before a rupture occurred between the couple on account of the disappear- ance of certain bonds and money belonging to the lady. --r- The last act of the drama ';j was at hand; paralysis laid the old man low. A gen- erous woman, learning his condition, t o o k h i m home and ministered to him as though she had been his daughter. At the very last, n o t- withstanding he ha d ab- jured their faith and precepts, he requested to be laid beside his parents in his native Princeton. There, consigned to the tender care of Nature, repose the Burial Place of Alexander Hamilton in Old Trinity Churchyard 32 ashes of ambition, Aaron Burr. The Four-Track News once known as " A hi^h born nature nobly planned Great ends to serve and to command; Heedless of God, despising man, He lived but for himself alone And ruin wrouj^ht, which as it ran O'ertook him, who but self had known." The Jumel Mansion still clings to the cliff overlooking its ancient manor and summons both romance and history to substantiate its claims to fame. Like the octogenarian bridegroom, the not averse to notwithstanding beneath its roof old mansion is notoriety. And, it has sheltered the beautiful and the illustrious of more than one country besides our own, one fact is never omitted in a description of the place : ' ' This was once the residence of Aaron Burr." In justice it might be added: The Famous Old Jumel Mansion ''He, too, olution. " was a Soldier of the Rev- A JAIL AND A JAIL-BUILDER One of the features of the Califor- nia exhibit at the St. Louis Fair is the exact reproduction of the first jail erected in the state, or upon the Pacific Coast. The building is of rude design and is built of cobble- stone set in adobe mud. It stands at Old Town, as Old San Diego is now called, and is in a very good state of preservation to-day, after standing more than a century and a quarter. An interesting in- cident connected ^"PB^. with the jail is the fact that its builder was the first prisoner to be confined in the institution. He was also the first — though by no means the last — to break through the walls to pre- mature freedom. The contractor received $5,000 for constructing the rude affair, a sum, even in those days of high prices, seemingly entirely out of proportion to the article furnished. Upon re- ceiving the money he proceeded to celebrate the completion of the job by getting drunk and raising an un- usual disturbance. He was arrested, brought before the justice and was sentenced to a period of confinement in the bastile of his own constructing. Having built the jail the prisoner knew its peculiarities, and, therefore, wdien the judge entered a drinking resort for a little stimulant at the close of his day's officiating, the first person he met was the jail-builder, whom he had so re- cently sentenced to re ti r e men t from San Diego society. "Why, Bill, how is this?" exclaimed the astonished mag- istrate. "I thought vou were in jail!" "Oh! stdi) your foolishness," cried Bill, "and come and have a drink." Tradition says that the judge ac- cepted the invitation and that Bill did not return to his cell. It is stated, however, that tlie jail was ordered repaired and that the escaped prisoner received an addi- tional fee from the county for fixing the hole he had made in secur- ino- his freedom. " SilvcM- and ^old arc not llie only coin; virtue too passes current all over the world."— Euripides THE INDICTMENT OF AARON BURR {THE ROMANCE OF AARON BURR) BY ALFRED HENRY LEWIS T is evening at the White House. The few dinner guests have departed, and Jefferson is alone in his study. As he C^ stands at the open window and gazes out across the sweep of lawn to the Potomac, shining like silver in the rays of the full May moon, his face shows cloudy and angry. The face of the sage of Monticello has put aside its usual expression of philosophy. In place of the calm that should reign there, the look which prevails is one of narrowness, prejudice and wrathful passion. Apparently he waits the coming of a visitor, for he wheels without surprise as a fashion- ably dressed gentleman is ushered in by a servant. "Ah, Wirt!" he cries; "be seated, please. You got my note?" William Wirt is thirty-five — a clean, well- bred figure of the conventional Virginia gen- tleman. He accepts the proffered chair, but with the manner of one only half at ease, as not altogether liking the reason of his WTiite House presence. "Your note, Mr. President?" he repeats. " Oh, yes, I received it. \\Tiat you propose is highly flattering. And yet — and yet " "And yet what, sir?" breaks in Jefferson impatiently. "Surely, I propose nothing unusual? You are practicing at the Rich- mond bar. I ask you to conduct the case against Colonel Burr." " Nothing unusual of course," returns Wirt, who, gifted of a keen political eye, hungrily foresees a final attorney-generalship in what he is about. " And yet, as I was about to say, there are matters which should be considered. There is George Hay, for instance; he is the Government's attorney for the Richmond dis- trict. It is his province as well as duty to prosecute Colonel Burr; he might resent my being saddled upon him. Have vou thought ofjSIr. Hay?" "Thought of him? Hay is a dullard, a blockhead, a respectable nonentity! — no more fit to contend with Colonel Burr and those whom he will have about him than would be a sucking babe! He is of no cour- age, no force, sir; he seems to think that, as the son-in-law of James Monroe, he has done quite enough to merit success in both law and politics. No; there is much depending on this trial, and I desire you to try it. Burr must be convicted. The black Federal plot to destroy this Republic and set a monarchy in its stead, a plot of which he is but a single 326 THE INDICTMENT OF AARON BURR JOHN MARSHALL, FIRST CHIEF JUSTICE OF THE UNITED STATES, PRESIDING JUDGE IN THE BURR TRIAL figure, must be nipped in the bud. Also, you will find that I am to be on trial as much as Colonel Burr. The case will not be 'The People against Aaron Burr,' but 'The Fed- eralists against Thomas Jefferson.' Do you understand? I am the object of a Federal plot, as much as is the Government itself! John Marshall, that arch Federalist, will be on the bench, doing all he can for the plotters and their instrument, Colonel Burr. It is no time to risk myself on so slender a support as George Hay. It is you who must conduct this cause." Wirt is a bit scandalized by this outburst; especially at the reckless dragging in of Chief Justice Marshall. He expostulates; but is too much the courtier to let any harshness creep into either his manner or his speech. "You surely do not mean to say," he be- gins, " that the Chief Justice " " I mean to say," interrupts Jefferson, " that you must be ready to meet every trick that Marshall can play against the Government. For all his long robe, is he of different clay than any other? Believe me, he's a Federal- ist long before he's a Judge! I>ct me ask a (|uestion or two. Why did Marsluill, the Chief Justice mind you, hokl the preliminary examination of Burr? Why, having held it, did he not commit him for treason ? Why did he hold him only for a misdemeanor, and admit him to bail? Does that not look as though Marshall had taken possession of the case in Burr's intere.;t ? You spoke a moment ago of the propriety of Hay prosecuting the charge against Burr, being, as he is, the Gov- ernment's attorney for that district. Does it not occur to you that his honor, Judge Griffin, is the iudge for that district ? And yet Mar- shall shoves him aside to make room on the l^ench for himself. Sir, there is chicanery in this. We must watch Marshall. A Chief Justice indeed! A Chief Federalist rather! Why, he so much lacked self-respect as to become a guest at a dinner given in Colonel Burr's honor, after he had committed that traitor in ten thousand dollars bail! An ex- cellent, a dignified Chief Justice truly! — doing dinner-table honor to one whom he must presently try for a capital offence!" "Justice Marshall's appearance at the Burr dinner" — Wirt makes the admission doubtfully — "was not, I admit, in the very flower of good taste. None the less, I should infer honesty rather than baseness from such appearance. If he contemplated any wrong in Colonel Burr's favor, he would have re- mained away. Coming to the case itself," continues Wirt, anxious to avoid further discussion of Judge Marshall, as a topic whereon he and Jefferson are n(^t likely to agree, "what is the specific act of treason with which the Government charges Colonel Burr?" "The conspiracy wherein he was prime mover aimed first to take Mexico from the Spanish. Having taken Mexico, the plotters — Colonel Burr at the head — purposed seizing New Orleans. That would give them a hold in the vast region drained by the Mississippi. Everything west of the Alleghanies was ex- pected to ilock 'round their standards. With an empire reaching from Daricn to the Great Lakes, from the Pacific to the Alleghanies, their final move was to be upon Washington itself. Sir, the Federalists hate this Republic — have always hated it! What they desire is a monarchy. They want a king, not a presi- dent, in the White House." "I learn," observes Wirt, " — I learn, since my arrival, that Colonel Burr has been in Washington." "That was three days ago. He demanded co])ies of my orders to Ciencral \\'iikinson. When I ])revented his obtaining them, he said he would move for a subpania duces tecum, addressed to me personally. Think of that, sir! Can you conceive greater impudence? ALFRED HENRY LEWIS 327 He will sue out a subpcrna aj^ainst the Presi- dent of this country, and compel him to come into court bringin