"When about to return from Washington, two or three members of Congress of the federal party spoke to me of their views, as to the election of a president, desiring me to converse with Colonel Burr on the subject, and to ascertain whether he would enter into terms. On my return to New York I called on Colonel Burr, and communicated the above to him. He explicitly declined the explanation, and did neither propose nor agree to any terms."
How nearly is human cunning allied to folly! The animals to whom nature has given the faculty we call cunning, know always when to use it, and use it wisely; but when man descends to cunning, he blunders and betrays.
Mr. Ogden's letter is intended to exculpate Mr. Burr from the charge of intriguing to obtain the presidency; and the letter that he (Ogden) writes for this purpose is direct evidence against his party in Congress, that they intrigued with Burr to obtain him for President, and employed him (Ogden) for the purpose. To save Aaron, he betrays Moses, and then turns informer against the Golden Calf.
It is but of little importance to the world to know if Mr. Burr listened to an intriguing proposal, but it is of great importance to the constituents to know if their representatives in Congress made one. The ear can commit no crime, but the tongue may; and therefore the right policy is to drop Mr. Burr, as being only the hearer, and direct the whole charge against the Federal faction in Congress as the active original culprit, or, if the priests will have scripture for it, as the serpent that beguiled Eve.
1 In the presidential canvas of 1800, the votes in the
electoral college being equally divided between Burr and
Jefferson, the election was thrown into the House of
Representatives. Jefferson was elected on the 36th ballot,
but he never forgave Burr, and between these two old friends
Paine had to write this letter under some embarrassment. The
last paragraph of this Letter shows Paine's desire for a
reconciliation between Burr and Jefferson. Aaron Burr is one
of the traditionally slandered figures of American history.
—Editor.
The plot of the intrigue was to make Mr. Burr President, on the private condition of his agreeing to, and entering into, terms with them, that is, with the proposers. Had then the election been made, the country, knowing nothing of this private and illegal transaction, would have supposed, for who could have supposed otherwise, that it had a President according to the forms, principles, and intention of the constitution. No such thing. Every form, principle, and intention of the constitution would have been violated; and instead of a President, it would have had a mute, a sort of image, hand-bound and tongue-tied, the dupe and slave of a party, placed on the theatre of the United States, and acting the farce of President.
It is of little importance, in a constitutional sense, to know what the terms to be proposed might be, because any terms other than those which the constitution prescribes to a President are criminal. Neither do I see how Mr. Burr, or any other person put in the same condition, could have taken the oath prescribed by the constitution to a President, which is, "I do solemnly swear (or affirm,) that I will faithfully execute the office of President of the United States, and will to the best of my ability preserve, protect and defend the Constitution of the United States."
How, I ask, could such a person have taken such an oath, knowing at the same time that he had entered into the Presidency on terms unknown in the Constitution, and private, and which would deprive him of the freedom and power of acting as President of the United States, agreeably to his constitutional oath?
Mr. Burr, by not agreeing to terms, has escaped the danger to which they exposed him, and the perjury that would have followed, and also the punishment annexed thereto. Had he accepted the Presidency on terms unknown in the constitution, and private, and had the transaction afterwards transpired, (which it most probably would, for roguery is a thing difficult to conceal,) it would have produced a sensation in the country too violent to be quieted, and too just to be resisted; and in any case the election must have been void.
But what are we to think of those members of Congress, who having taken an oath of the same constitutional import as the oath of the President, violate that oath by tampering to obtain a President on private conditions. If this is not sedition against the constitution and the country, it is difficult to define what sedition in a representative can be.