[1281] The Federalist managers were disgusted with Burr because he refused to aid them in their plot to elect him. "Burr has acted a miserable paultry part," writes Bayard. "The election was in his power, but he was determined to come in as a Democrat.... We have been counteracted in the whole business by letters he has written to this place." (Bayard to Bassett, Feb. 16, 1801; Bayard Papers: Donnan; 126.)
Burr had not "used the least influence" to be elected. (Bayard's Deposition; Davis: Burr, ii, 127.)
"Had Burr done anything, for himself, he would, long ere this, have been President." (Cooper to Morris, Feb. 13, 1801; Davis: Burr, ii, 113.)
[1282] Depositions of Bayard and Smith, in Gillespie vs. Smith; Randall, ii, 613-17; and Davis: Burr, ii, 135-37; also Baer to Bayard, April 19, 1830; ib., 118; and see Bayard's account; Remarks in the Senate, Jan. 31, 1835; also, Bayard to McLane, Feb. 17, 1801; Bayard Papers: Donnan, 126 et seq.
In his "Anas" (Works: Ford, i, 392-93) Jefferson flatly denied his deal with the Federalists, and this, afterwards, provoked much controversy. It now is established that the bargain was made. See Professor McMaster's conclusion: "The price settled ... the Republicans secured ten states." (McMaster, ii, 526.)
[1283] For accounts by participants in this exciting and historic contest, see Gallatin's letters to his wife and to Nicholson from Feb. 5 to Feb. 19, 1801; Adams: Gallatin, 257-63; Dana to Wolcott, Feb. 11, 1801; Gibbs, ii, 489-90; Bayard to several friends, Feb. 22, 1801; Bayard Papers, supra.
[1284] Jefferson to Madison, Feb. 18, 1801; Works: Ford, ix, 183.
[1285] After Jefferson's election, for many days the Washington Federalist carried in italics at the head of its editorial columns a sentiment characteristic of Marshall: "May he discharge its duties in such a manner as to merit and receive the blessings of all good men and without redding the cheek of the American Patriot with blushes for his country!!!"
[1286] Gallatin to his wife, Feb. 17, 1801; Adams: Gallatin, 262.
[1287] Adams to Congress, Dec. 3, 1799; Annals, 6th Cong., 1st Sess., 187-88; and Richardson, i, 289. Yet at this period the business of the courts was actually decreasing. (See Brown: Ellsworth, 198.) But the measure was demanded by the bar generally and insisted upon by the Justices of the Supreme Court. (See Gibbs, ii, 486.)