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That He Was Now About To

Launch Into The Troubled Ocean Of Politics Was Evident To Mrs. Burr,

And Therefore, In A Letter To Him Under Date Of The 23D Of July, 1791,

She Says, "It Is Of Serious Consequence To You To Establish Your

Health _Before You Commence Politician_," &C.

 

 

In The Autumn Of 1791 Congress Convened At Philadelphia, And Colonel

Burr Took His Seat In The Senate Of The United States. It Has Often

Been Remarked Of Him, And Truly, That No Man Was Ever More Cautious Or

More Guarded In His Correspondence. A Disposition, From The Earliest

Period Of His Life, To Write In Cipher, Has Already Been Noticed. To

This May Be Added An Unwillingness, On All Important Questions, To

Commit Himself In Writing. As Soon As He Entered The Political Arena,

This Characteristic Was Visible Even In His Letters To Mrs. Burr. On

The 14Th Of November, 1791, He Writes Her--"To The Subject Of Politics

I Can At Present Make No Reply. The _Mode Of Communication Would Not

Permit_, Did No Other Reason Oppose." And Again, December 21St, He

Says--"You Will Perhaps Admire That I Cannot Leave Congress As Well As

Others. This, If A Problem, _Can Only Be Solved At A Personal

Interview_."

 

 

At The Commencement Of The Revolutionary War, The State Of New-York

Held An Extensive Tract Of Wild And Unimproved Lands. Sundry Laws Were

Passed In The Years 1779, 1780, 1784, 1785, And 1786, Providing For

Their Sale And Settlement. A Board Was Created, Entitled "The

Commissioners Of The Land Office." It Was Composed Of The Governor,

The Secretary Of State, The Attorney-General, The Treasurer, And The

Auditor. The Powers Conferred By The Several Acts Above Referred To

Having Been Found Inadequate To The Proposed Object, The Legislature,

On The 22D Of March, 1791, Gave Unlimited Powers To The Commissioners,

Authorizing Them To "Dispose Of Any Of The Waste And Unappropriated

Lands In The State, In Such Parcels, And On Such Terms, And In Such

Manner As They Shall Judge Most Conducive To The Interests Of The

State." In Pursuance Of This Authority, The Commissioners Sold During

The Year 1791, By Estimate, Five Millions Five Hundred And Forty-Two

Thousand One Hundred And Seventy Acres Of Waste Land, For The Sum Of

One Million And Thirty Thousand Four Hundred And Thirty-Three Dollars;

Leaving In The Possession Of The State, Yet To Be Disposed Of, About

Two Millions Of Acres. Among The Sales Was One To Alexander Macomb,

For Three Millions Six Hundred And Thirty-Five Thousand Two Hundred

Acres. The Magnitude Of This Sale, And The Price At Which It Was Sold,

Created A Great Excitement Throughout The State, And At The Session Of

The Legislature Which Commenced On The 4Th Of January, 1792, The

Subject Was Brought Before The Assembly.

 

 

The Price At Which Mr. Macomb Made His Purchase Was Eight Pence Per

Acre, Payable In Five Annual Instalments, Without Interest, With

Permission To Discount For Prompt Payment At Six Per Cent. Per Annum,

Which Made The Price About Equal To Seven Cents Per Acre Cash. Colonel

Burr, As Attorney-General, Was A Member Of The Board. On The 9Th Of

April, 1792, The Report Of The Commissioners Being The Order Of The

Day, The Subject Was Taken Up In The House.

Chapter XVI Pg 315

Mr. Talbot, From

Montgomery County, Moved Sundry Resolutions. They Were Intended As The

Foundation For An Impeachment Of A Part Of The Commissioners Of The

Land Office. They Assumed To Contain A Statement Of Facts, Evidencing

On The Part Of The Commissioners Great Indiscretion And Want Of

Judgment, If Not Corruption, In The Sale Of The Public Lands, And They

Charged The Commissioners With A Willful Violation Of The Law. These

Resolutions, However, Excepted Colonel Burr From Any Participation In

The Maleconduct Complained Of, Inasmuch As The Minutes Of The Board

Proved That He Was Not Present At The Meetings (Being Absent On

Official Duty As Attorney-General) When These Contracts, So Ruinous,

As They Alleged, To The Interests Of The State, Were Made: Nor Did It

Appear That He (Colonel Burr) Was Ever Consulted In Relation To Them.

These Resolutions Elicited A Heated Debate; In The Progress Of Which

All The Commissioners, Except The Attorney-General, Were Assailed With

Great Bitterness; And Charges Of Corruption By Innuendo Were

Unceremoniously Made. At A Late Hour The House Adjourned Without

Decision Until The Next Day.

 

 

On The 10Th Of April, 1792, Mr. Melancton Smith Moved The Following

Resolution, With A Preamble As A Substitute:--

 

 

"Resolved, That This House Do Highly Approve Of The Conduct Of The

Commissioners Of The Land Office In The Judicious Sales By Them, As

Aforesaid, Which Have Been Productive Of The Before Mentioned

Beneficial Effects."

 

 

This Resolution Was Adopted By A Vote Of Ays 35--Noes 20.

 

 

Of Melancton Smith It Is Proper To Remark Here That He Was A Plain,

Unsophisticated Man. A Purer Patriot Never Lived. Of The Powers Of His

Mind Some Opinion May Be Formed By The Following Anecdote. Dr.

Ledyard, Who Was Afterwards Health Officer Of The Port Of New-York,

Was A Warm Federalist. He Was At Poughkeepsie While The Federal

Constitution Was Under Discussion In The State Convention. Smith Was

An Anti-Federal Member Of That Body. Some Time After The Adoption Of

The Constitution, Ledyard Stated To A Friend Of His, That To Colonel

Alexander Hamilton Had Been Assigned, In A Special Manner, The Duty Of

Defending That Portion Of The Constitution Which Related To The

Judiciary Of The United States. That An Outdoor Conversation Between

Colonel Hamilton And Mr. Smith Took Place In Relation To The

Judiciary, In The Course Of Which Smith Urged Some Of His Objections

To The Proposed System. In The Evening A Federal Caucus Was Held; At

That Caucus Mr. Hamilton Referred To The Conversation, And Requested

That Some Gentleman Might Be Designated To Aid In The Discussion Of

This Question. Robert R. Livingston, Chancellor Of The State, Was

Accordingly Named. Mr. Livingston Was At That Time A Distinguished

Leader In The Ranks Of The Federal Party. Whoever Will Take The

Trouble To Read The Debates In The Convention, In Which Will Be Found

The Reply Of Smith To Livingston, Will Perceive In That Reply The

Efforts Of A Mighty Mind.

Chapter XVI Pg 316

It Was A High But Merited Compliment To The

Talents Of Melancton Smith, That Such A Man As Colonel Hamilton Should

Have Wished Aid In Opposing Him.

 

 

During The Winter Of 1791-92, Being Colonel Burr'S First Session In

The Senate Of The United States, He Spent Much Of His Leisure Time In

The State Department. For Several Sessions After The Organization Of

The Federal Government, All The Business Of The Senate Was Transacted

With Closed Doors. At That Period The Correspondence Of Existing

Ministers Was Kept Secret, Even From The Senators. With Every Thing

Connected With The Foreign Affairs Of The Country, Colonel Burr Was

Exceedingly Anxious To Make Himself Intimately Acquainted. He

Considered It Necessary To The Faithful And Useful Performance Of His

Duty As A Senator. He Obtained Permission From Mr. Jefferson, Then

Secretary Of State, To Have Access To The Records Of The Department

Before The Hour For Opening The Office Arrived. He Employed One Of The

Messengers To Make A Fire At Five O'Clock In The Morning, And

Occasionally An Intelligent And Confidential Clerk To Assist Him In

Searching For Papers. Here He Was Engaged Until Near Ten O'Clock Every

Day. It Was His Constant Practice To Have His Breakfast Sent To Him.

He Continued This Employment The Greater Part Of The Session, Making

Notes On, Or Extracts From, The Records Of The Department, Until He

Was Interrupted By A Peremptory Order From The President (Washington)

Prohibiting His Farther Examination.

 

 

Wishing Some Information That He Had Not Obtained In Relation To A

Surrender Of The Western Posts By The British, He Addressed A Note To

The Secretary Of State, Asking Permission To Make That Particular

Examination; To Which He Received The Following Answer:----

 

 

"Thomas Jefferson Presents His Respectful Compliments To Colonel Burr,

And Is Sorry To Inform Him It Has Been Concluded To Be Improper To

Communicate The Correspondence Of Existing Ministers. He Hopes This

Will, With Colonel Burr, Be His Sufficient Apology."

 

 

In April, 1792, There Was An Election For Governor Of The State Of

New-York. By Some It Was Supposed That Governor Clinton Would Decline

Being Again Considered A Candidate. It Was Known That John Jay Would

Be The Candidate Of The Federal Party. At That Period Colonel Burr Had

Warm Personal Friends In Both Parties, Who Were Urging His

Pretensions. Among The Most Ardent Was Judge Yates. In The Latter Part

Of February, 1792, He Authorized His Friends To State That He Declined

A Nomination. He Was Placed, However, In An Unpleasant Dilemma. The

Connexions, And Many Of The Personal Friends Of Governor Clinton, Were

Jealous Of Colonel Burr'S Talents And Growing Influence. Between The

Governor And Himself There Was Very Little Intercourse. On The Other

Hand, The Kindest Feelings Towards Him Were Evinced By Chief-Justice

Jay, Who Was A Most Amiable Man. It Was His Wish, Therefore, As Far As

Practicable, Consistent With His Principles, To Remain Neuter.

Chapter XVI Pg 317

He Had

Never Been An Electioneering Character, And With The People He Wished

To Leave The Pending Question, Without The Exercise Of Any Influence

He Might Be Supposed To Possess.

 

 

By The Then Existing Laws Of New-York, The Ballots That Were Taken In

The Several Counties Were, Immediately After The Election, Transmitted

To The Office Of The Secretary Of State, And There Kept Until The

Second Tuesday In May, When The Board Of Canvassers Were, By Law, To

Convene And Canvass Them. The Election For Governor Was Warmly

Contested; The Federal Party Supporting Judge Jay, The Anti-Federal

Party George Clinton. When The Canvassers Met, Difficulties Arose As

To The Legality Of The Returns From Certain Counties, Particularly Of

Otsego, Tioga, And Clinton. The Canvassers Differing In Opinion On The

Question Whether The Ballots Should Be Counted Or Destroyed, They

Agreed To Ask The Advice Of Rufus King And Colonel Burr. These

Gentlemen Conferred, And, Like The Canvassers, Differed: Whereupon Mr.

Burr Proposed That They Should Decline Giving Advice. To This Mr. King

Objected, And Expressed A Determination To Give His Own Opinion

Separate. This Rendered It Necessary For Colonel Burr To Adopt A Like

Procedure. He Thus Became A Partisan, And A Most Efficient Partisan,

In That Controversy.

 

 

_Seven_ Of The Canvassers Determined To Reject And Destroy The Ballots

Alleged To Have Been Illegally Returned. To This Decision _Four_

Objected. The Ballots Were Accordingly Destroyed, And George Clinton

Declared To Be Duly Elected Governor. The Excitement Produced Was

Without A Parallel In

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