Memoirs Of Aaron Burr, Volume 1, Matthew L. Davis [book club suggestions .txt] 📗

Any Or Either Of Them, To Put The Said

Enclosures, And _Every One Of Them, Into One Box_, Which Shall Be Well

Closed, &C., And Be Delivered By Him, Without Opening The Same, Or The

Enclosures Therein Contained, Into The Office Of The Secretary Of This

State Before The Last Tuesday In May In Every Year.'

 

 

"By Recurring To The Preceding State Of Facts It Will Be Evident That

This Direction Of The Law Had Been Disregarded. If Irregularities Of

This Kind Should Be Permitted And Countenanced, It Would Be In The

Power Of The Sheriff, By Excluding A Part Of The Votes, To Confer A

Majority On Any Candidate, In Counties Where There Were Divisions Of

Interests. Affidavits Were Indeed Produced Tending To Show That There

Had Been, In That Town, Disputes Respecting The Election Of Town

Officers; That Two Enclosures, Purporting To Contain The Votes Of The

Town, Were Delivered To Mr. Smith, And That He Had Put Into The Box

That Enclosure Which Contained The Votes Taken By The Persons Whom _He

Judged_ To Be The Legal Inspectors: A Matter Proper To Have Been

Submitted To The Opinion Of The Committee.

 

 

"The Committee Have Considered This Subject With Deliberate Attention,

And In Every Light In Which It Could Be Placed; And Whether They

Regarded The Channels Of Conveyance, The Mode Of The Return, Or The

General Principles Which Ought To Govern Their Decisions Touching The

Freedom Of Elections And Security Against Frauds, They Found

Undeniable Reasons Which Compelled Them To Reject The Votes.

 

 

"David Gelston,

 

 

"Thomas Tillotson,

 

 

"Daniel Graham,

 

 

"Melancton Smith,

 

 

"David M'Carty,

 

 

"P.V. Courtlandt, Jun.,

Chapter XVI Pg 334

"Jonathan N. Havens."

 

 

On The 18Th Of January, 1793, The House Of Assembly Passed The

Following Resolutions On The Subject. "Thereupon, _Resolved_, That The

Mode Of Prosecuting Any Joint Committee Of The Senate And Assembly,

Appointed For The Purpose Of Canvassing And Estimating The Votes Taken

In This State For Governor, Lieutenant-Governor, And Senators, And The

Penalties To Be Inflicted On Such Committee, Or Any Of Them, For Any

Improper Conduct In The Execution Of The Trust Reposed In Them By Law,

Are Clearly Pointed Out In The Twentieth And Twenty-First Sections Of

The Act For Regulating Elections, Passed The 13Th Day Of February, One

Thousand Seven Hundred And Eighty-Seven; And That, Therefore, Any

Person Or Persons Who May Suppose That Any Such Joint Committee, Or

Any Of Them Have Conducted Themselves Improperly In The Execution Of

The Trust Reposed In Them, May Prosecute The Same To Effect In The

Ordinary Course Of Law.

 

 

"_Resolved_, That Notwithstanding This Provision In The Act For

Regulating Elections, This House Hath Gone Into An Inquiry With

Respect To The Conduct Of The Late Committee Appointed To Canvass And

Estimate The Votes For Governor, Lieutenant-Governor, And Senators,

Taken At The Last General Election Held In This State, _To The Intent_

That Satisfaction May Be Given Those Citizens Of The State Who Have

Been Dissatisfied With The Decision Of The Major Part Of The Said

Committee, With Respect To The Votes Taken In The Counties Of Otsego,

Tioga, And Clinton.

 

 

"_Resolved_, That After A Full And Fair Examination Into The Conduct

Of The Major Part Of The Said Canvassing Committee, It Does Not Appear

To This House That The Said Major Part Of The Committee, To Wit: David

Gelston, Thomas Tillotson, Daniel Graham, Melancton Smith, David

M'Carty, Pierre Van Courtlandt, Junior, And Jonathan N. Havens, Have

Been Guilty Of Any Mal Or Corrupt Conduct In The Execution Of The

Trust Reposed In Them By Law.

 

 

"And Whereas, By The Eleventh Section Of The Act For Regulating

Elections, It Is Enacted That All Questions Which Shall Arise Upon Any

Canvass And Estimate, Or Upon Any Of The Proceedings Therein, Shall Be

Determined According To The Opinion Of The Major Part Of The Said

Canvassing Committee, And That Their Judgment And Determination Shall

In All Cases Be Binding And Conclusive; Therefore,

 

 

"_Resolved_, As The Sense Of This House, That The Legislature Cannot

Annul Or Make Void Any Of The Determinations Of The Said Committee."

 

 

The Question Was Taken On The Preceding Resolutions Together, By Yeas

And Nays, And Passed In The Affirmative. Ays 35. Nays 22.

Chapter XVI Pg 335

Among The Individuals For Whom Colonel Burr Entertained A High Degree

Of Respect, Was Jacob De Lamater, Esq., Of Marbletown. Between These

Gentlemen, For Several Years, A Friendly, And, In Some Instances, A

Confidential Correspondence Existed. Mr. De Lamater Was A Federalist,

But Personally Attached To Colonel Burr. In 1792 He Was Among Those

Who Wished Him To Become A Candidate For The Office Of Governor. After

The Death Of De Lamater, The Letters Addressed To Him By Colonel Burr

Were Returned. They Were Written Under The Sacred Seal Of Friendship;

But They Contain Not A Sentence, Not A Word, That Is Not Alike

Honourable To His Head And His Heart. One Is Selected And Here

Published As Explanatory Of His _Feelings_ And His _Conduct_ In The

Contested Election (Which So Much Agitated The State Of New-York)

Between George Clinton And John Jay. It Requires No Comment.

Chapter XVI Pg 336

To Mr. De Lamater

 

 

New-York, 15Th June, 1792.

 

 

My Dear Sir,

 

 

You Will, Before This Can Reach You, Have Heard Of The Event Of The

Late Election. Some Questions Having Arisen Among The Canvassers

Respecting The Returns From Clinton, Otsego, And Tioga, They Requested

The Advice Of Mr. King And Myself. We Conferred, And, Unfortunately,

Differed; Particularly As To The Questions Upon The Otsego Return. I

Therefore Proposed That We Should Decline Giving Any Opinion, Being

For My Own Part Much Averse To Interfere In The Business. Mr. King,

However, Determined To Give His Separate Opinion, From What Motives

You May Judge. This Laid Me Under The Necessity Of Giving Mine Also,

Which I Did. If I Can Procure Copies Of Both Opinions, And Of The

Protest Of The Minority, And The Reasons Assigned By The Majority Of

The Canvassers, I Will Send Them Herewith. They Will Enable You To

Form A Competent Judgment Of The Law Question, And Of The Fairness Of

The Otsego Return.

 

 

I Do Not See How Any Unbiased Man Can Doubt, But Still I Do Not

Pretend To Control The Opinion Of Others, Much Less To Take Offence At

Any Man For Differing From Me. The Reasons Contained In My Opinion,

And Assigned By The Majority Of The Canvassers, Have Never Been

Answered Except By Abuse. I Can, In A Personal Interview, Inform You

Of Some Circumstances Relative To The Opinions Which Have Been

Procured In Favour Of The Otsego Votes.

 

 

I Have Heard With Much Pride And Pleasure Of The Warm And

Disinterested Manner In Which I Was Espoused By Some Respectable

Characters In Your County. I Shall Never Fail To Recollect It With

Sensibility And Gratitude. It Would Therefore Give Me Real Pain To

Believe That Any Part Of My Conduct Had Tended To Thwart Their Wishes.

If It Has Had Any Such Effect, It Should At Least Be Remembered That I

Did Not Seek To Gratify Any Wish Or Interest Of My Own. I Took No Part

In The Election. I Never Gave To Any Person The Most Distant

Intimation That I Supposed You Engaged To Support Mr. Clinton, Or To

Take Any Other Part Than That Which Your Inclinations And Judgment

Should Direct. I Felt No Disposition To Influence Your Conduct On That

Occasion. Had I Been So Inclined, I Have No Doubt But I Could, In

Various Parts Of The State, Have Essentially Injured Mr. Jay'S

Interest; But I Made No Attempt Of The Kind. Yet I Shall Never Yield

Up The Right Of Expressing My Opinions. I Have Never Exacted That

Tribute From Another.

 

 

Upon The Late Occasion, Indeed, I Earnestly Wished And Sought To Be

Relieved From The Necessity Of Giving Any Opinion, Particularly From A

Knowledge That It Would Be Disagreeable To You And A Few Others Whom I

Respect And Wish Always To Gratify. But The Conduct Of Mr. King Left

Me No Alternative. I Was Obliged To Give An Opinion, And I Have Not

Yet Learned To Give Any Other Than Which My Judgment Directs.

 

 

It Would, Indeed, Be The Extreme Of Weakness In Me To Expect

Friendship From Mr. Clinton. I Have Too Many Reasons To Believe That

He Regards Me With Jealousy And Malevolence. Still, This Alone Ought

Not To Have Induced Me To Refuse My Advice To The Canvassers. Some

Pretend, Indeed, But None Can Believe, That I Am Prejudiced In His

Favour. I Have Not Even Seen Or Spoken To Him Since January Last. I

Wish To Merit The Flattering Things You Say Of My Talents; But Your

Expressions Of Esteem And Regard Are Still More Flattering, And These,

I Am Sure, I Shall Never Fail To Merit, If The Warmest Friendship And

Unalterable Attachment Can Give Me A Claim.

 

 

Will You Be Abroad Any, And What Part Of The Summer? I Ask, Because I

Propose To Make You A Visit On My Way To, Or Return From, Albany, And

Wish To Be Certain Of Finding You At Home. No Political Changes Can

Ever Diminish The Pleasure With Which I Subscribe Myself

 

 

Your Affectionate Friend,

 

 

A. Burr.

Chapter XVI Pg 337

The Following Letter Is Evidence Of Colonel Burr'S Propensity To

Correspond In Cipher With His Most Intimate Friends, Even On

Unimportant Topics. Hundreds Of The Same Character Might Be Given.