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. 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. 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 the state. The friends of Judge Jay contended that he had been chosen by the people, but was cheated out of his election by the corruption of the canvassers. Great asperity and virulence were exhibited by both political parties on the occasion.
From the moment that Colonel Burr was driven to interfere in the controversy, he took upon himself, almost exclusively, the management of the whole case on the side of the anti-federal party. His accustomed acumen, vigilance, and zeal, were promptly put in requisition. Full scope was allowed for the display of those great legal talents for which he was so pre-eminently distinguished. It has been known to only a very few individuals that on Colonel Burr rested nearly the whole labour; and that nothing was done, even by the canvassers, but under his advice and direction. It has therefore been deemed proper to insert here some of the official details of the case. They are worthy record, as an interesting part of the political history of the State of New-York.
"Statement of the case by the Canvassers, for the advice of Rufus King and Aaron Burr.
"OTSEGO.—By the 26th section of the constitution of the State of New-York, it is ordained that sheriffs and coroners be annually appointed, and that no person shall be capable of holding either of the said offices for more than four years successively, nor the sheriff of holding any other office at the same time. By the ninth section of the act for regulating elections, it is enacted that one of the inspectors shall deliver the ballots and poll-lists, scaled up, to the sheriff of the county; and, by the tenth section of the said act, it is further enacted, that each and every sheriff of the respective counties in this state shall, upon receiving the said enclosures, directed to be delivered to him as aforesaid, without opening or inspecting the same, or any or either of them, put the said enclosures, and every one of them, into one box, which shall be well closed and sealed up by him, under his hand and seal, with the name of his county written on the box, and be delivered by him into the office of the secretary of this state, where the same shall be safely kept by the secretary, or his deputy. By the eleventh section of the said act, all questions arising on the canvass and estimate of the votes, or on any of the proceedings therein, shall be determined by a majority of the members of the joint committee attending; and their judgment shall be final, and the oath of the canvassers requires them faithfully, honestly, and impartially to canvass and estimate the votes contained in the boxes delivered into the office of the secretary of this state by the sheriffs of the several counties.