XV. CHAPTER Dent, of Maryland, the former a half Federalist, the lat ter entirely one, might, by their united votes, give Burr 1800 three additional states, sufficient to elect him; or the vote of Lyon or Claiborne, by giving him Vermont or Tennes see, might supply the lack of one of the others. Burr, being a Northern man, was on that account preferred by the Federalists, whose strength lay in that quarter of the Union. It was also hoped that his eleva tion to the first office might produce such a split in the opposition ranks as would still leave the control of affairs substantially in the hands of the Federalists, to whom Burr himself would owe a debt of gratitude. This idea had been suggested early in the session, and before the result of the election was certainly known. As soon as it came to Hamilton's knowledge, he entered a vigorous Dec. 16. protest against it. "I trust New England, at least," so he wrote to Wolcott, "will not so far lose its head as to fall into the snare. There is no doubt that, upon every prudent and virtuous calculation, Jefferson is to be preferred. He is by far not so dangerous a man, and he has pretensions to character. As to Burr, there is nothing in his favor. His private character is not defended by his most partial friends. He is bankrupt beyond redemption, except by the plunder of his country. His public principles have no other spring or aim than his own aggrandizement. If he can, he will certainly disturb our institutions to secure himself permanent Dec. 17 power, and with it wealth." "Let it not be imagined that Burr can be won to Federal views. It is a vain hope. Stronger ties and stronger inducements will impel him in a contrary direction. His ambition will not be content with those objects which virtuous men of either party will allot to it, and his situation and his habits will oblige him to have recourse to corrupt expe XV. dients, from which he will be restrained by no moral CHAPTER scruples. To accomplish his ends, he must lean upon unprincipled men, and will continue to adhere to the 1801. myrmidons who have hitherto surrounded him. To these he will no doubt add able rogues of the Federal party; but he will employ the rogues of all parties to overrule the good men of all parties, and to promote projects which wise men of every description will disapprove. These things are to be inferred with moral certainty from the character of the man. Every step in his career proves that he has formed himself on the model of Catiline, and he is too cold-blooded and determined a conspirator to change his plan." Subsequent events sufficiently proved Hamilton's just appreciation of Burr's character; but his warning voice, though he wrote similar letters to others besides Wolcott, was not listened to. Personal collisions with Burr in the party contests of New York were supposed to have created in his mind undue prejudices. In a private consultation among themselves, a majority of the Federal members in Congress resolved on an effort to elect Burr, and in this decision the majority acquiesced. There were some so rash and violent, and so obstinately prejudiced against Jefferson, as to advocate his exclusion, even though the offices of president and vice-president should remain unfilled, thus exposing the whole Federal system to dissolution. Such ideas, rashly thrown out by a few, met, however, with little countenance, and, perhaps, were not seriously entertained by any. On the other hand, Bayard, Morris, Craik, and Baer, four out of the six Federal members, any one of whom might, at any time, by his single voice, decide the election in Jefferon's favor, came to a mutual resolution that the attempt to exclude him, after its feasibility had been fairly tested, should not be carried beyond a certain point. CHAPTER Before meeting the Senate to count the electoral votes, the House resolved-with the intent, according to John 1801. Randolph, to starve or worry the doubtful members into Feb. 9. voting for Burr, though it might be easy to conjecture a Feb. 11. more justifiable reason-that in case no candidate should have a majority of electoral votes, they would forthwith return to their own chamber, and there continue in ses sion, without proceeding to any other business, till a president should be chosen. Seats were to be provided on the floor for the president and the senators; but during the act of balloting, the galleries were to be cleared and the doors closed. Questions of order that might arise were to be decided without debate, the House voting by states. Upon the first ballot, eight states voted for Jefferson, including all those south of New England except Delaware, Maryland, and South Carolina. The four maritime New England States, with Delaware and South Carolina, voted for Burr; Vermont and Maryland were divided. Two or three members were so sick as to be brought to the House on their beds. Twenty-nine ballots were had at longer or shorter intervals, occupying the House till the next day at noon-all with the same result. The House remained in session, nominally without adjournment, for seven days; but, after sitting out the first night, the resolution not to adjourn was substantially evaded by substituting a recess. During the next four days the actual sessions were very short, only five ballotings being had. Ample time had been allowed to Burr to bring over, if he could, any of the opposition votes; and that offers on both sides had been made to the doubtful members, subsequent developments left little doubt. A part of the evils which Hamilton had anticipated began already to XV. to be felt. The public mind was much agitated by the CHAPTER delay. Rumors had been and continued to be circulated, charging the Federalists with the most desperate and 1801. revolutionary intentions. Jefferson himself, in the high est state of nervous agitation, wrote to Monroe that no- Feb. 15. thing but threats on the part of the opposition that the Middle States would rise in arms, and call a convention for framing a new Constitution, prevented the Federalists from passing an act to vest the executive authority, in default of any election of president, in the chief justice or some other high officer. Had Congress been sitting in Philadelphia instead of Washington, it would have run no small risk of being invaded by a mob. Thinking that the time had arrived for terminating the struggle-in the exercise of a discretion intrusted to him by the other three Federalists with whom he cooperated-Bayard called a general meeting of the Fed- Feb. 16. eral members; and, though some were still very reluctant to yield, it was finally agreed that Burr had no chance, and that Jefferson must be chosen. But the Federalists did not surrender entirely at discretion, nor without something like an approach to terms. Application had been made by Dayton and Parker to Smith of Maryland, who was intimate with Jefferson, and lived in the same house with him, to ascertain his intentions as to the public debt, commerce, and the navy. Bayard had also applied to Smith, not only as to these points, but also touching removals from office. As to the public debt, commerce, and the navy, Smith, so he said, had frequently heard Jefferson express his opinions, and he gave satisfactory assurances that no serious changes of policy would be attempted. As to the matter of removals from office, he promised to make inquiries, and the next day reported to Bayard that Jefferson XV. CHAPTER coincided in the opinion already expressed by himself, that meritorious subordinate officers ought not to be re1801. moved merely on account of their political opinions. Feb. 17. The thirty-fifth ballot, taken at noon, the seventh day of the protracted sitting, and the day after the Federal caucus, resulted like the former ones. On the thirty. sixth ballot, after an hour's interval, Morris, of Vermont, was absent, and the two Maryland Federalists, Craik and Baer, put in blank ballots, thus giving two more states to Jefferson, which, added to the eight that had always voted for him, made a majority. The vice-presi dency, of course, devolved on Burr. Committees were appointed to inform the Senate and the president elect. To this notification Jefferson made a short reply, in which his satisfaction at the result and his entire devotion to the proper discharge of his important trust were emphat ically expressed. The obnoxious Sedition Act would expire, by its own Jan. 26 limitation, at the close of the present Congress. A bill, ordered to be brought in by the casting vote of the speaker, for the continuing that law in force, would seem to prove that its friends had been influenced in its orig inal enactment by other motives than a mere desire to silence their opponents. Fortunately, however, for the Feb. 21. Federalists, this bill failed, on its third reading, by a considerable majority. Even the first section of it, aimed against combinations to impede the execution of the laws, however theoretically unexceptionable, might have proved, in the hands of a violent and tyrannical government, backed by an unscrupulous majority, and in the case of unjust laws, a terrible instrument of tyranny. Feb. 27. The District of Columbia, erected into two counties, as divided by the Potomac, was placed under the jurisdiction of a circuit court, composed of a chief justice |