regard to it, may be pointed to with just pride as evidences of his character. The question is not whether he, in private and confidential communications, judged right or wrong of the law, of the motives of Judge Marshall, or of the guilt of the prisoner. That he felt thus strongly-that he was provoked into an obvious exhibition of temper-but throws out in stronger relief, the fact that a spirit of perfect fairness—a willingness to give the prisoner every just and legal advantage-and an avoidance of all trick, or management, to counteract what he believed to be those things on the other side-characterized every line and word he wrote on the subject, however confidential.

Let us now complete what we have to say of Aaron Burr's history. He escaped the punishment of a traitor only to endure a more prolonged punishment. Abroad, according to the rule of his life, he everywhere met with a gleam of success to be rapidly followed by irrevocable overthrow. His brilliant personal parts won admiration, until his insincerity, his want of good faith, and his predisposition to embark in dangerous schemes of any description that remotely promised to better his fortunes, rendered him an object of personal and governmental suspicion. England finally ordered him out of her territories. He went to Sweden and Germany, and reached France in 1810, filled with projects which were to be broached to Napoleon. After spending months in ineffectual attempts to procure an audience, his funds ran low, and he resolved to trust himself again in the United States. But, on application, a passport was denied him, and he found he was under the surveillance of the police. The American diplomatic officers turned their backs on him, and Russel, our chargé d'affaires, in answer to his demand for a passport, replied that he would give him one which would "enable him to surrender himself for trial for the offences with which he stood charged," and "no other." During the latter part of 1810, and until July, 1811, he was begging to be allowed to return home, and was often, if we may credit his journal, literally threatened with starvation. In the last-named year he obtained permission to leave France, and embarked for America; but the vessel was captured and carried into England. He remained there, driven to the most desperate shifts to keep off hunger-subsisting by expedients sometimes akin to beggaryuntil March, 1812, when he obtained money to pay a passage to Boston.

CHAP. V.]

BURR'S FURTHER HISTORY.

221

He arrived in New York in disguise, but finding the Government would not molest him, opened a law-office. The scenes of Richmond, in 1807, were never revived. The aristocratic dinner parties, the press of servants with perfumed billets, the crowding visitors of both sexes had disappeared. He could no longer be used for political purposes. To pay respect to him. for the purpose of evincing disrespect to the chief magistrate and government of the country, had ceased to be fashionable; and, in the minds of the great majority of respectable Americans, his familiar association was liable to affix suspicions which were far from agreeable.

In the summer of 1812, his grandson, "who was to have redeemed all his glory, and shed new lustre upon the families" of Burr and Alston, perished, and the mother-the sweet and accomplished Theodosia-soon, it is to be hoped, followed. She left Charleston in November to join her father in New York. The vessel in which she embarked was never again heard of. Whether it went down in a wild gale which soon swept our whole Atlantic sea-board, or whether she was reserved for a fate which it causes a shudder to contemplate, can never be known until that day when the ocean shall give up its secrets and its dead. Horrid rumors occasionally found their way to the ears of Burr. He loved his daughter, but he met the terrors which imagination presented with a bosom of steelwith that stony undauntedness which was one of the most marked traits in his character, and which, with different principles, and under better auspices, might have made him a hero.

His old creditors fell upon him, to use his own words, "with vindictive fury "-especially the holders of his Mexican debtsand he " saw no probability of keeping out of a prison." From that period until 1834, a little shrivelled old man might be occasionally seen in the courts of law engaged in some cause, or flitting silently and alone along the streets of the crowded metropolis. Few seemed to know him, and he addressed himself to but few. He was reserved in speech, and his tread, as of old, was stealthy and cat-like. The age which tames, and the misfortunes which chasten rightly constituted minds, had produced no effect on his. Tottering on the verge of the grave, crushed, forlorn, subsisting on the charity of one who was not of his kindred, it was still his chief ambition to be thought to possess

the manners of Chesterfield and the morals of Rochester. There are no good reasons for supposing that a trace of remorse ever visited his conscience. There is not a shadow of proof that among all the teeming projects of his brain there was one which had for its object the melioration of man. Finally, paralysis smote him, and for two years he could not move without assistance. Still propped up in bed, he plotted and wrote billets-doux ! The curtain dropped on the scene on the 14th of September, 1836.

CHAPTER VI.

1807-1808.

Affair of the Chesapeake and Leopard-Popular and Official Movements thereon-President's Views-His Attitude in relation to Spanish Affairs-Indian Difficulties-Private Correspondence-Considers a Presidential Tour improper-The President and his Grandson-Anecdotes-Carrying a Kentuckian en croupe-The drunken Soldier-An Acquaintance made under unusual Circumstances-Our Relations with England-Was the rejection of the Treaty the Cause of English Hostility?-Canning's Intercourse with American Ministers-British Proclamation and Orders in Council-Effects on United States-Meeting of Congress-President's Message-Embargo recommended-Was the President then apprised of last Orders in Council?-The Embargo Bill passes-Presi dent transmits to Congress Proceedings in Burr's Trials-Motion to expel Smith as an Accomplice of Burr-J. Q. Adams's Report thereon-Bayard's Opinion of Burr's Guilt -Vote in Smith's Case-Bills to amend the Laws of Treason-Pennsylvania Resolutions-Wilkinson's Conduct investigated-Supplementary Embargo Acts-Gardenier's Speech-Johnson's and Campbell's Replies-Duel between Gardenier and CampbellBills passed-Deaths-Adjournment-Arrival of English Minister-His Correspondence with Madison and Departure-President's Views of Objects and Effects of EmbargoHis View of our Foreign Relations-Legislative and other Addresses approving Embargo-Eight Legislatures nominate the President for a Third Term-His decisive Refusal arrests further Nominations-Presidential Caucus-Clinton and Monroe's dissatisfaction-Correspondence between the President and Monroe-Claims of the latter compared with Madison's-The President's impartial Overtures to England and France Their Replies-Pinkney writes Home urging a full persistence in Embargo-Effects of Embargo on different Classes and Sections of our Country-Its comparative Effects in United States and England-England encouraged to persist by the Conduct of New England Federalists-Disingenuousness of their Appeals to Sectional and Class Interests Comparative Exports and Tonnage of different Sections of the Union-Infractions of Embargo in New York and New England-Revenue Officers forcibly resisted -Conduct of New York and New England Executives-President's Impartiality in granting Permits-General Armstrong's Dispatches in regard to Florida-President's Views Germ of the "Monroe Doctrine "-President's Views of English RelationsHis View of the proper Manner of executing Criminal Justice on Indian OffendersHistory of the "Batture Case."

BURR's trial attracted comparatively little general notice during its progress, in consequence of the occurrence of more important and exciting events.

On the 22d of June, 1807, the United States frigate Chesapeake, of thirty-eight guns, got under weigh from Hampton Roads for the Mediterranean, carrying Commodore Barron, who, his health being restored, was to resume the command on that station. Lying in Lynnhaven Bay were the British vessels of war Bellona, 74; Leopard, 50 (but carrying, it was said, 56); and the Melampus, 38. The Leopard lifted her anchor, and stood out of the Capes, ahead of the Chesapeake; but this was not a matter to attract any notice, as the British vessels were constantly cruising in the offing. In the afternoon the vessels were near together, and the Leopard hailed, saying she had dispatches for Commodore Barron. She soon sent a boat alongside the Chesapeake, and exhibited an order from Vice-Admiral Berkley to the captains under his command, that in case they fell in with the Chesapeake, out of the American waters, they were to "require to search for deserters" and "proceed and search for the same, and if a similar demand should be made by the American, he was permitted to search for deserters from their service,"1 etc.

Barron replied that he knew of no such deserters as were claimed that his recruiting officers had been particularly instructed by the Government not to enter British desertersthat his orders did not permit his crew to be mustered by any but their own officers. Observing an appearance of preparation on board the Leopard, he ordered his men to quarters without drum beat, and as quietly as possible. But not suspecting any difficulty, he had put to sea with decks incumbered, with nothing in its proper place, and with a crew that had not once exercised the guns. The rammers, wads, matches, locks, and powder-horns for the latter, were unprepared, so that practically the guns were wholly unserviceable.

As soon as the Leopard's officer returned, that vessel again hailed, now lying on the weather-quarter of the Chesapeake, and within pistol-shot. Commodore Barron answered he did

1 The British minister at Washington had informed our Government that three British deserters were on board the Chesapeake, and he requested that they be delivered up. The Navy department referred the matter to Barron, and he to Captain Gordon, the commander of the vessel. The latter fairly investigated the facts, and found that the men were deserters, but that two of them certainly, and it was supposed the third, were impressed Americans. The facts were reported to the British minister, and he appeared satisfied. Nothing more was heard on the subject until the attack on the Chesapeake. The men taken from the Chesapeake were not those who had been the subjects of the correspondence.