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On The 20Th Of February, 1794, The Senate Adopted A Resolution,

Declaring That Their Galleries, At The Commencement Of The Next

Session, Should Be Opened While The Senate Were "Engaged In Their

Legislative Capacity." For This, Or A Similar Resolution, Colonel Burr

Had Voted At Every Previous Session Since He Had Been A Member.

 

 

His Personal Respect For John Jay Has Been Heretofore Mentioned; But

On No Occasion Did He Permit Such Feelings To Interfere With His

Political Acts, When Called Upon To Perform A Public Duty. On The 16Th

Of April, 1794, The President Nominated John Jay, Then Chief-Justice

Of The United States, As Envoy Extraordinary To Great Britain. On The

19Th, When The Nomination Was Called Up For Consideration, Mr. Burr

Offered The Following Resolutions--

 

 

"_Resolved_, That Any Communications To Be Made To The Court Of Great

Britain May Be Made Through Our Minister Now At That Court With Equal

Facility And Effect, And At Much Less Expense, Than By An Envoy

Extraordinary; And That Such An Appointment Is At Present Inexpedient

And Unnecessary:

 

 

"That To Permit Judges Of The Supreme Court To Hold, At The Same Time,

Any Other Office Or Employment Emanating From, And Holden At The

Pleasure Of, The Executive, Is Contrary To The Spirit Of The

Constitution; And, As Tending To Expose Them To The Influence Of The

Executive, Is Mischievous And Impolitic." Ays 10, Nays 17.

 

 

The Nomination Was Then Confirmed By A Vote Of 18 To 8, Mr. Burr

Voting In The Negative. This Vote, It Was Understood At The Time, Gave

Pain To Mr. Jay. In A Letter To His Lady, Dated The 20Th Of April, The

Judge Says--"Yesterday The Senate Approved Of The Nomination By A

Great Majority. _Mr. Burr Was Among The Few Who Opposed It_."

 

 

About This Period The Democratic Party Were Highly Incensed Against

The President For Continuing Gouverneur Morris As A Minister To The

French Republic. The Executive Provisory Council Had Requested His

Recall. He Was Considered A Monarchist, And Hostile To The Revolution.

Many Of The Opposition Senators Had Spoken With Great Freedom Of The

Policy Of General Washington In This Particular. These Remarks Having

Been Communicated To The President, He Expressed, Informally, A

Willingness To Recall Mr. Morris, And To Nominate A Member Of The

Opposition, If They Would Designate A Suitable Person. In Consequence

Of This Suggestion, The Democratic Members Of The Senate, And Some Of

The Most Distinguished Members Of The House, Had A Conference, And

Resolved On Recommending Colonel Burr. Mr. Madison, Mr. Monroe, And

Another Member Of Congress Whose Name Is Not Recollected, Were

Delegated To Wait On The President And Communicate The Wishes Of The

Party.

Chapter XVIII Pg 401

General Washington Paused For A Few Moments, And Then Remarked, That

He Had Made It A Rule Of Life Never To Recommend Or Nominate Any

Person For A High And Responsible Situation In Whose Integrity He Had

Not Confidence; That, Wanting Confidence In Colonel Burr, He Could Not

Nominate Him; But That It Would Give Him Great Pleasure To Meet Their

Wishes If They Would Designate An Individual In Whom He Could Confide.

The Committee Returned And Reported The Result Of Their Conference.

The Senators Adhered Unanimously To Their First Nomination, And The

Same Delegates Waited Upon The President And Reiterated The Adherence

Of Their Friends To Colonel Burr. Whereupon General Washington, With

Some Warmth, Remarked That His Decision Was Irrevocable; But

Immediately Added, "I Will Nominate You, Mr. Madison, Or You, Mr.

Monroe." The Former Replied That He Had Long Since Made Up His Mind

Never To Leave His Country, And Respectfully Declined The Offer. They

Retired, And Reported The Result Of Their Second Interview. The

Democratic Gentlemen Were Not Less Inflexible, And Instructed Their

Delegates To Say To The President That They Would Make No Other

Recommendation. On The Third Visit They Were Received By Mr. Randolph,

Secretary Of State, To Whom They Made The Communication, But Who

Considered It Indecorous, Knowing The President'S Feelings, To Repeat

The Message.

 

 

This Incident Demonstrates, On The One Hand, The Strong And

Unchangeable Prejudices Of General Washington Against Colonel Burr;

And On The Other, The Firm And Unbounded Confidence Reposed In Him By

The Democracy Of Those Days. The Anecdote Is Not Related On The

Authority Exclusively Of Colonel Burr. It Is Confirmed By The Written

Statement Of A Gentleman Of High Standing, To Whom Mr. Monroe Repeated

All The Details. No Other Selection Was Made By The Opposition

Senators; But, On The 27Th Of May, 1794, James Monroe Was Nominated As

Minister Plenipotentiary To The French Republic.

 

 

On The 8Th Of June, 1795, The President Submitted To The Senate Of The

United States The Treaty Negotiated With Great Britain By John Jay.

This Question Called Into Operation All The Powers Of Mr. Burr'S Mind.

He Was Opposed To It In The Form It Had Been Negotiated. His Views And

Opinions May Be Distinctly Understood By Comparing The Amendments

Which He Proposed With The Original Treaty. On The 22D June The Senate

Resumed The Consideration Of It, Whereupon He Offered The Following

Resolutions:--

 

 

"That The Further Consideration Of The Treaty Concluded At London The

19Th Of November, 1794, Be Postponed, And That It Be Recommended To

The President Of The United States To Proceed Without Delay To Further

Friendly Negotiation With His Britannic Majesty, In Order To Effect

Alterations In The Said Treaty In The Following Particulars:----

 

 

"That The 9Th, 10Th, And 24Th Articles, And So Much Of The 25Th As

Relates To The Shelter Or Refuge To Be Given To The Armed Vessels Of

States Or Sovereigns At War With Either Party, Be Expunged.

Chapter XVIII Pg 402

"2D Art. That No Privilege Or Right Be Allowed To The Settlers Or

Traders Mentioned In The 2D Article, Other Than Those Which Are

Secured To Them By The Treaty Of 1783 And Existing Laws.

 

 

"3D. Art. That The 3D Article Be Expunged, Or Be So Modified That The

Citizens Of The United States May Have The Use Of _All_ Rivers, Ports,

And Places Within The Territories Of His Britannic Majesty In North

America, In The Same Manner As His Subjects May Have Of Those Of The

United States.

 

 

"6Th Art. That The Value Of The Negroes And Other Property Carried

Away Contrary To The 7Th Article Of The Treaty Of 1783, _And The Loss

And Damage Sustained By The United States By The Detention Of The

Posts_, Be Paid For By The British Government--The Amount To Be

Ascertained By The Commissioners Who May Be Appointed To Liquidate The

Claims Of The British Creditors.

 

 

"12Th Art. That What Relates To The West India Trade, And The Provisos

And Conditions Thereof In The 12Th Article, Be Expunged, Or Be

Rendered Much More Favourable To The United States, And Without Any

Restraint On The Exportation, In Vessels Of The United States, Of Any

Articles Not The Growth, Produce, Or Manufacture Of The Said Islands

Of His Britannic Majesty.

 

 

"15Th Art. That No Clause Be Admitted Which May Restrain The United

States From Reciprocating Benefits By Discriminating Between Foreign

Nations In Their Commercial Arrangements, Or Prevent Them From

Increasing The Tonnage Or Other Duties On British Vessels On Terms Of

Reciprocity, Or In A Stipulated Ratio.

 

 

"21St Art. That The Subjects Or Citizens Of Either Party Be Not

Restrained From Accepting Commissions In The Army Or Navy Of Any

Foreign Power."

 

 

In 1797, While Colonel Burr Was Yet A Member Of The United States

Senate, His Mind Was Occupied With The Project Of A Bank, And He

Conferred With Several Of His Personal Friends On The Subject. Among

Others, He Wrote The Honourable Thomas Morris, Who Was At The Time A

Member Of The State Senate.

Chapter XVIII Pg 403

To Thomas Morris.

 

 

New-York, 1St February, 1797.

 

 

Sir,

 

 

I Have Been Informed That The Present Sheriff Of Dutchess Either Has

Resigned Or Will Decline A Reappointment, And That Platt Smith Is

Among The Candidates. I Have Very Little Personal Acquaintance With

Mr. Smith--Am Not, Indeed, Certain That I Should Recognise Him If I

Should Meet Him; But I Have Long Known Him By Reputation, And Can

Assure You That He Is A Man Of Irreproachable Character, Of

Independent Property, And Much Above Ordinary In Point Of

Intelligence. His Connexions Are Very Influential (Perhaps The Most

So) In That County. He Is, In Short, A Man, In My Opinion, Every Way

Qualified To Fill The Office. Has Always Been Of Your Party, And

Supported Jay'S Election. He Is Withal A Generous, Manly, Independent

Fellow, Of That Cast Which You Like; One Who Will Feel Sensibly Any

Favours Or Civilities Which May Be Done Him. If You Should Not Be

Otherwise Pledged, You Will Oblige Several Of Your Personal Friends By

Supporting His Pretensions.

 

 

I Have Drawn Out A Plan For A Bank, But Find That It Will Require So

Many Explanations That I Forbear To Send It. I Perceive That You Are

About Selling Our Stock In The Funds Of The United States. We Have

Already Talked Over This Matter. The More I Reflect, The Stronger

Appear The Objections. It Will Doubtless Be Urged In Favour Of An

Immediate Sale, That Our Funds Are In Danger Of Seizure By The United

States. This Is A Mere Bugbear. Such A Thing Will Never Again Be Even

Proposed, And, If Proposed, Will Never Receive Three Votes In The

Senate. I Hope, Therefore, Our Legislature Will Not Suffer Themselves

To Be Precipitated Into This Sale From Any Such Unfounded

Apprehensions.

 

 

Mr. Belasies, A Gentleman, A Man Of Education And Fortune, By Birth An

Englishman, Has Come Out With His Family To Reside In This Country. If

He Should Apply For Leave To Hold Lands In This State, I Hope He May

Be Gratified; From The Little I Have Seen, And The Much I Have Heard

Of Him, I Am Persuaded That He Will Be A Valuable Acquisition To Any

State And To Any Society. He Is No Politician.

 

 

I Return To-Morrow To Philadelphia, Where I Shall Remain For This

Month. May L Expect To See You Here In The Spring? Present Me Most

Respectfully To Williamson, And Be Assured Of My Esteem And

Attachment.

 

 

A. Burr.

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