"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.
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.
"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.