Memoirs of Aaron Burr, Volume 1.

by Aaron Burr

2. 2 Hawks., 5, 51, Irish oct. edit., 2 mod. 261 statute 1 Wm. and Mary, sess. 2, ch. 2. See also sec. 12 of the same statute.

CHAPTER XVII.

On the 2d of October, 1792, Governor Clinton nominated Colonel Burr to the Council of Appointment as Judge of the Supreme Court of the state, which nomination was immediately confirmed. Thus, within the short space of about three years, he was appointed by the democratic party to the several important stations of Attorney-General, Senator of the United States, and Judge of the Supreme Court. The last appointment was made without consulting Mr. Burr. As soon as he was notified of the fact, he informed the governor of his non-acceptance; yet so anxious was his excellency, and so strong were his hopes that Colonel Burr might be induced to withdraw his resignation, that be refused to lay it before the council until the legislature, on the 7th of December, adopted the following resolution—

"Whereas it appears to the legislature, by the records of the Council of Appointment, that Aaron Burr, Esq., one of the senators for this state in the Senate of the United States, was, on the 2d day of October last, appointed one of the puisne justices of the Supreme Court of Judicature of this state: Thereupon,

"Resolved (if the honourable the Senate concur herein), That his excellency the governor be and hereby is requested to inform the legislature whether the said Aaron Burr hath accepted or refused the said office."

On the 24th of October, 1791, Congress convened, and Colonel Burr took his seat in the Senate of the United States. In those days it was the practice of the president, accompanied by the heads of departments, to proceed to Congress Hall for the purpose of meeting the two branches of the national legislature, and opening the session with a speech, to which a response was made by each body separately. On the 25th the president made his annual communication; whereupon the Senate "Ordered, That Messrs. Burr, Cabot, and Johnston be a committee to prepare and report the draught of an address to the President of the United States, in answer to his speech, delivered this day to both houses of Congress in the Senate Chamber."

The next day Colonel Burr, as chairman of the committee, draughted and reported an answer, which was adopted by the Senate without alteration or amendment: an occurrence, it is believed, that happened in only two other instances during the period that speeches were delivered by the executive. After the election of Mr. Jefferson the system of sending messages was substituted.

The journals of the Senate afford ample evidence that Colonel Burr was an industrious and efficient member of that body. During the first session of his term of service he was placed on numerous committees, some of them important, and generally as chairman. His business habits soon became evident, and were called into operation. His character for firmness was well established before be took his seat in the Senate; but on the 9th of January, 1794, it was displayed with effect. In consequence of a difference between the two houses, a bill to increase the standing army was lost.

Mr. King, of New-York, by consent, introduced a new bill; it was entitled "An act for the more effectual protection of the southwestern frontier settlers." Unsuccessful efforts were made by Colonel Burr and others to amend it, by striking out some of its most odious features; but there was a decided majority, as it was known to be an administration measure, determined on carrying it through. The bill was ordered to be engrossed for a third reading, and the question on its passage was to be taken on the last day of the session. By the rules of the Senate, the question could not be put if any member objected. Colonel Burr objected, and the bill was thus defeated.

Notwithstanding his public engagements, Colonel Burr's mind was constantly employed with the education of his daughter. Mrs. Burr's health was gradually declining, insomuch that she was unable, at times, to attend to her domestic concerns. This to him was a source of unceasing care and apprehension. His letters to his daughter are numerous. They are frequently playful, always interesting, displaying the solicitude of an affectionate father anxious for the improvement of his child.