In 1804 Lansing hesitated to exchange the highest place on the bench, which would continue until the age limit set him aside in 1814, for a political office that would probably end in three years; but he finally consented upon representations that he alone could unite his party. Scarcely, however, had his name been announced before a caucus of Republican legislators named Aaron Burr, with Oliver Phelps of Ontario for lieutenant-governor--nominations quickly ratified at public meetings in New York and Albany. Among Burr's most conspicuous champions were Erastus Root of Delaware, James Burt of Orange, Peter B. Porter of Ontario, and Marinus Willett of New York.

If it is surprising that these astute and devoted friends did not appreciate, in some measure, at least, the extent to which popular esteem had been withdrawn from their favourite, it is most astonishing that Burr himself did not recognise the strength of the Clinton-Livingston-Spencer machine as it existed in 1804. Its managers were skilled masters of the political art, confident of success, fearless of criticism, unscrupulous in methods, and indefatigable in attention to details. They controlled the Council of Appointment, its appointees controlled the a.s.sembly, and the a.s.sembly elected the Council, an endless chain of links, equally strong and equally selfish. To make opposition the more fruitless, the distrust of Burr, hammered into the ma.s.ses by Cheetham's pen, practically amounted to a forfeiture of party confidence. One cannot conceive a more inopportune time for Burr to have challenged a test of strength, yet Lansing's selection had hardly sounded in the people's ears before Burr's "Little Band," burning with indignation and resentment at his treatment, gathered about the tables in the old Tontine Coffee House at Albany and launched him as an independent candidate.

Rarely has a candidate for governor encountered greater odds; but with Burr, as afterward with DeWitt Clinton, it was now or never. In one of his dramas Schiller mourns over the man who stakes reputation, health, everything upon success--and no success in the end. Even Robert Yates, the coalition candidate in 1789, started with the support of a Federalist machine and the powerful backing of Hamilton. But in 1804 Burr found himself without a party, without a machine, and bitterly opposed by Hamilton.

When the sceptre pa.s.sed from Federalist to Republican in 1801, Hamilton gave himself to his profession with renewed zeal, earning fifteen thousand dollars a year, and a reputation as a lawyer scarcely surpa.s.sed by Daniel Webster. "In creative power Hamilton was infinitely Webster's superior," says Chief Justice Ambrose Spencer, before whom both had practised.[132] Erastus Root, possibly looking through the eyes of Theodosia, thought Burr not inferior to Hamilton as a lawyer, although other contemporaries who knew Burr at his best, regarded him as an indefatigable, tireless, adroit lawyer rather than a profound and learned one. This put him in a different cla.s.s from Hamilton. As well might one compare Offenbach with Mozart as Burr with Hamilton.

[Footnote 132: H.C. Lodge, _Life of Alexander Hamilton_, pp. 276-7.]

Hamilton journeyed to Albany in February, 1804, to argue the case of Harry Croswell, so celebrated and historic because of Hamilton's argument. Croswell, the editor of the _Balance_, a Federalist newspaper published at Hudson, had been convicted of libelling President Jefferson. Chief Justice Lewis, before whom the case was originally tried, declined to permit the defendant to prove the truth of the alleged libel. To this point, in his argument for a new trial, Hamilton addressed himself, contending that the English doctrine was at variance with common sense, common justice, and the genius of American inst.i.tutions. "I have always considered General Hamilton's argument in this cause," said his great contemporary, Chancellor Kent, "as the greatest forensic effort he ever made. He had come prepared to discuss the points of law with a perfect mastery of the subject. He believed that the rights and liberties of the people were essentially concerned. There was an unusual solemnity and earnestness on his part in this discussion. He was at times highly impa.s.sioned and pathetic.

His whole soul was enlisted in the cause, and in contending for the rights of the jury and a free press, he considered that he was establishing the surest refuge against oppression. He never before in my hearing made any effort in which he commanded higher reverence for his principles, nor equal admiration of the power and pathos of his eloquence."[133] Such a profound impression did his argument make, that, although the Court declined to depart from the settled rule of the common law, the Legislature subsequently pa.s.sed a statute authorising the truth to be given in evidence, and the jury to be the judges of the law as well as of the facts in libel cases.

[Footnote 133: H.C. Lodge, _Life of Alexander Hamilton_, pp. 240-1.]

It was during the argument of this case at Albany that Hamilton, joining his Federalist friends at Lewis' Tavern, gave his reasons for preferring Chancellor Lansing to Aaron Burr for governor. There was something new in these reasons. In 1801 he preferred Jefferson to Burr because the latter, as he wrote Gouverneur Morris, "has no principles, public or private; could be bound by no argument; will listen to no monitor but his ambition; and for this purpose will use the worst portion of the community as a ladder to climb to permanent power, and an instrument to crush the better part. He is sanguine enough to hope everything, daring enough to attempt everything, wicked enough to scruple nothing."[134]

[Footnote 134: _Hamilton's Works_ (Lodge), Vol. 8, p. 570.]

Nothing had occurred in the intervening years to change this opinion, but much was now happening to strengthen it. A Federalist faction in New England, led by Pickering in the United States Senate and Roger Griswold in the House, thought a dissolution of the Union inevitable to save Federalism, and for months the project had been discussed in a stifled, mysterious manner. "It (separation) must begin in Ma.s.sachusetts," wrote Pickering to George Cabot, "but New York must be the centre of the confederacy."[135] To Rufus King, Pickering became more specific. "The Federalists have in general anxiously desired the election of Burr--and if a separation should be deemed proper, the five New England States, New York and New Jersey, would naturally be united."[136] But King disapproved disunion. "Colonel Pickering has been talking to me about a project they have for a separation of the States and a northern confederacy," he said to Adams of Ma.s.sachusetts; "and he has also been this day talking with General Hamilton. I disapprove entirely of the project, and so, I am happy to tell you, does General Hamilton."[137] But the conspirators were not to be quieted by disapproving words. Griswold, in a letter to Oliver Wolcott, declared Burr's election and consequent leadership of the Federalist party "the only hope which at this time presents itself of rallying in defence of the Northern States,"[138] and in order not to remain longer inactive, he entered into a bargain with Burr, of which he wrote Wolcott fully. Wolcott sent the letter to Hamilton.[139]

[Footnote 135: January 29, 1804; Lodge's _Cabot_, p. 337.]

[Footnote 136: _Ibid._, p. 447.]

[Footnote 137: _New England Federalism_, p. 148.]

[Footnote 138: _Hamilton's History_, Vol. 7, p. 781; _New England Federalism_, p. 354.]

[Footnote 139: Henry Adams, _History of the United States_, Vol. 2, p.

180. "Pickering and Griswold could win their game only by bartering their souls; they must invoke the Mephistopheles of politics, Aaron Burr. To this they had made up their minds from the beginning. Burr's four years of office were drawing to a close. He had not a chance of regaining a commanding place among Republicans, for he was bankrupt in private and public character."--_Ibid._, p. 171.]

It was plain to Hamilton that these timid conspirators wanted a bold chief to lead them into secession, and that since he would have nothing to do with them, they had invoked the aid of Aaron Burr. Thus, to his former desire to defeat Burr, was now added a determination to defeat incipient disunion, and in the Lewis Tavern conference he argued that Burr, a Democrat either from principle or calculation, would remain a Democrat; and that, though detested by leading Clintonians, it would not be difficult for a man of his talents, intrigue and address, possessing the chair of government, to rally under his standard the great body of the party, and such Federalists as, from personal goodwill or interested motives, may give him support. The effect of his elevation, with the help of Federalists would, therefore, be to reunite, under a more adroit, able and daring chief, not only the now scattered fragments of his own party, but to present to the confidence of the people of Federalist New England the grandson of President Edwards, for whom they had already a strong predilection. Thus he would have fair play to disorganise the party of Jefferson, now held in light esteem, and to place himself at the head of a northern party favouring disunion.

"If he be truly, as the Federalists have believed, a man of irregular and insatiable ambition," continued Hamilton, "he will endeavour to rise to power on the ladder of Jacobin principles, not leaning on a fallen party, unfavourable to usurpation and the ascendancy of a despotic chief, but rather on popular prejudices and vices, ever ready to desert a government by the people at a moment when he ought, more than ever, to adhere to it. On the other hand, Lansing's personal character affords some security against pernicious extremes, and, at the same time, renders it certain that his party, already much divided and weakened, will disintegrate more and more, until in a recasting of parties the Federalists may gain a great accession of force. At any rate it is wiser to foster schism among Democrats, than to give them a chief, better able than any they have yet had, to unite and direct them."[140]

[Footnote 140: _Hamilton's Works_ (Lodge), Vol. 7, p. 325. "The struggle for control between Hamilton and the conspirators lasted to the eve of the election,--secret, stifled, mysterious; the intrigue of men afraid to avow their aims, and seeming rather driven by their own pa.s.sions than guided by lofty and unselfish motives."--Henry Adams, _History of the United States_, Vol. 2, p. 184.]

Within a week after the Lewis Tavern conference Burr's chances brightened by the sudden withdrawal of Lansing, because the latter would not allow the Clintons to dictate his appointments. This was a great surprise to Republicans and a great grief to Hamilton--the more so since it was not easy to find an available successor. The mention of DeWitt Clinton raised the cry of youth; Ambrose Spencer had too recently come over from the Federalists; Morgan Lewis lacked capacity and fitness. Thus the contention continued, but with a leaning more and more toward Morgan Lewis, a brother-in-law of Chancellor and Edward Livingston.

Lewis' youth had promised a brilliant future. He graduated with high honours at Princeton, and when the guns of Bunker Hill waked the country he promptly exchanged John Jay's law office for John Jay's regiment. In the latter's absence he retained command as major until ordered to the northern frontier, when he suddenly dropped into a place as a.s.sistant quartermaster-general, useful and important enough, but stripped of the glory usually preferred by the hot blood of a gallant youth. In time, the faithful, efficient quartermaster became a plodding, painstaking lawyer, a safe, industrious attorney-general, and a dignified, respectable judge; but he had not distinguished himself, nor did he possess the striking, showy characteristics of mind or manner often needed in a doubtful and bitterly contested campaign. Heretofore place had sought him by appointment. He became attorney-general when Aaron Burr gave it up for the United States Senate; and a year later, by the casting vote of Governor Clinton, the Council made him a Supreme Court judge. In 1801 the chief-justiceship dropped into his lap when Livingston went to France and Lansing became chancellor, just as the chancellorship would probably have come to him had Lansing continued a candidate for governor. In 1803 he wanted to be mayor of New York.

But with all his ordinariness no one else in sight seemed so available a candidate for governor. The Livingstons, already jealous of DeWitt Clinton's growing influence, secretly nourished the hope that Lewis might develop sufficient independence to check the young man's ambition. On the other hand, DeWitt Clinton, equally jealous of the power wielded by the Livingstons, thought the Chief Justice, a kind, amiable man of sixty, without any particular force of character, sufficiently plastic to mould to his liking. "From the moment Clinton declined," wrote Hamilton to Rufus King, "I began to consider Burr as having a chance of success. It was still my reliance, however, that Lansing would outrun him; but now that Chief Justice Lewis is his compet.i.tor, the probability, in my judgment, inclines to Burr."[141]

[Footnote 141: _Hamilton's Works_ (Lodge), Vol. 8, p. 608.]

Burr's friends, knowing his phenomenal shrewdness in cloaking bargains and intrigues until the game was bagged, now relied upon him with confidence to bring victory out of the known discord and jealousy of his opponents, and for a time it looked as if he might succeed.

Lansing's withdrawal and Hamilton's failure to put up Rufus King as he contemplated, gave Burr the support of Lansing's sympathy and a clear field among Federalists, except as modified by Hamilton's influence.

In addition, his friends cited his ability and Revolutionary services, his liberal patronage of science and the arts, his distinguished and saintly ancestry, his freedom from family connections to quarter upon the public treasury, and his honest endeavour to free himself from debt by disposing of his estate. Especially in New York City did he meet with encouragement. His headquarters in John Street overflowed with ward workers and ward heelers, eager to elect the man upon whom they could rely for favours and with whom they doubtless sincerely sympathised. It was the contest of April, 1800, over again, save that Hamilton did not speak or openly oppose.

As the fight continued it increased in bitterness. Cheetham pounded Burr harder than ever, accusing him of seduction and of dancing with a buxom wench at a "n.i.g.g.e.r ball" given by one of his coloured servants at Richmond Hill. Jefferson was quoted as saying that Burr's party was not the real democracy, a statement that the _American Citizen_ printed in capitals and kept standing during the three days of the election. With great earnestness Hamilton quietly warned the Federalists not to elevate a man who would use their party only to strengthen their opponents. In the up-counties, where the influence of the Clinton-Livingston-Spencer combine held the party together with cords of steel, every appointee, from judge of the Supreme Court to justice of the peace, was ranged on the side of Livingston's brother-in-law.

But Burr, too, had powerful abettors. In Orange and Dutchess he had always been a favourite; in Delaware, Erastus Root gave all his influence and all his gifts with the devotion that animated John Swartout and Marinus Willett in New York; in Ontario, Oliver Phelps, the great land speculator, endowed with an unconquerable energy and the strategy of a tactician, was backed by Peter B. Porter, the young and exceedingly popular clerk of that county, soon to be dismissed for his independence; in Albany, John Van Ness Yates, remembering Burr's support of his father's candidacy in 1789, also came to his a.s.sistance. Zealous and active, however, as these and other friends were, they were few and weak compared to the army of office-holders shouting and working for Morgan Lewis. When the returns, therefore, were in, although Burr carried New York by one hundred, he lost the State by over eight thousand.[142] A comparison of the vote with the senatorial returns of 1803 showed that for every Republican voting for Burr, a Federalist, influenced by Hamilton, voted for Lewis.

[Footnote 142: Morgan Lewis, 30,829; Aaron Burr, 22,139.--_Civil List, State of New York_ (1887), p. 166.]

It was Burr's Waterloo. He had staked everything and lost. Bankrupt in purse, disowned by his party, and distrusted by a large faction of the leading Federalists, he was without hope of recovery so long as Hamilton blocked the way. There is no evidence that Burr ever saw Hamilton's confidential letters to Morris and other trusted Federal leaders, or knew their contents, but he did know that Hamilton bitterly opposed him, and that his influence was blighting. To get rid of him, therefore, Burr now seems to have deliberately determined to kill him.[143]

[Footnote 143: "That all Hamilton's doings were known to Burr could hardly be doubted. He was not a vindictive man, but this was the second time Hamilton had stood in his way and vilified his character.

Burr could have no reason to suppose that Hamilton was deeply loved; for he knew that four-fifths of the Federal party had adopted his own leadership when pitted against Hamilton's in the late election, and he knew, too, that Pickering, Griswold, and other leading Federalists had separated from Hamilton in the hope of making Burr himself the chief of a Northern confederacy. Burr never cared for the past,--the present and future were his only thoughts; but his future in politics depended on his breaking somewhere through the line of his personal enemies; and Hamilton stood first in his path, for Hamilton would certainly renew at every critical moment the tactics which had twice cost Burr his prize."--Henry Adams, _History of the United States_, Vol. 2, pp.

185, 186.]

While in Albany in February to argue the Croswell case, Hamilton had dined with John Taylor, in company with Dr. Charles D. Cooper, who wrote a friend that, in the course of the dinner, Hamilton had declared, in substance, that he looked upon Burr as a dangerous man--one who ought not to be trusted with the reins of government. "I could detail to you," continued Cooper, "a still more despicable opinion which General Hamilton has expressed of Mr. Burr." This letter found its way into the newspapers, and in a note, dated June 18, 1804, Burr called Hamilton's attention to the words "more despicable," and added: "You must perceive, sir, the necessity of a prompt and unqualified acknowledgment or denial of the use of the expression which could warrant the a.s.sertions of Dr. Cooper."[144] This note, purposely offensive in its tone, was delivered by William P. Van Ness, a circ.u.mstance clearly indicating an intention to follow it with a challenge. Two days later, Hamilton replied, declining to make the acknowledgment or denial, since he could attach no meaning to the words used in the letter, nor could he consent to be interrogated as to the inferences drawn by third parties, but he was ready to avow or disavow any definite opinion with which he might be charged. "I trust on further reflection," concluded Hamilton, "you will see the matter in the same light with me. If not, I can only regret the circ.u.mstances and must abide the consequences."[145]

[Footnote 144: _Hamilton's Works_ (Lodge), Vol. 8, p. 617.]

[Footnote 145: _Hamilton's Works_ (Lodge), Vol. 8, p. 618.]

Burr's answer, which plainly shows the rhetoric of "Aristides," was more offensive than his initial letter. After replying to it, Hamilton prepared a note to be informally communicated to Burr, in which he stated that if the latter chose to inquire into the purport of any conversation between himself and Dr. Cooper, he would be able to reply with truth that it turned wholly on political topics, and had no relation to Burr's private character, adding that he was ready to make an equally frank answer with regard to any other conversation which Burr would specify.[146] When Burr p.r.o.nounced this honourable proposition "a mere evasion," his purpose was as evident as it became on June 27th, the day he sent the challenge.

[Footnote 146: _Ibid._, p. 621.]

Hamilton's acceptance of the challenge was inevitable. For a hundred years men have regretted and mourned that he did not dare to stand alone against duelling, as he had dared to stand alone for economic and patriotic principles against the clamour of mobs and the malice of enemies. But absurd and barbarous as was the custom, it flourished in Christian America, as it did in every other Christian country, in spite of Christian ethics; and it would not permit a proud, sensitive nature, jealous of his honour, especially of his military honour, to ignore it. Lorenzo Sabine's list of duellists includes a score of prominent Englishmen, Frenchmen and Americans, many of them contemporary with Hamilton, and some of them as profoundly admired, who succ.u.mbed to its tyranny. Proof of his valour at Monmouth and at Yorktown would no more placate the popular contempt and obloquy sure to follow an avoidance of its demands than would the victory at Waterloo have excused Wellington had he declined to challenge Lord Winchilsea. All this did not make duelling right, but it excuses a n.o.ble soul for yielding "to the force of an imperious custom," as Dr.

Knott put it--a custom that still exists in France and Germany, and in some parts of America, perhaps, though now universally execrated by Christian people and p.r.o.nounced murder by their laws. Even at that time Hamilton held it in abhorrence. In a paper drawn for publication in the event of death, he announced his intention of throwing away his fire, and in extenuation of yielding, he adds: "To those who, with me, abhorring the practice of duelling, may think that I ought on no account to have added to the number of bad examples, I answer that my relative situation, as well in public as in private, enforcing all the considerations which const.i.tute what men of the world denominate honour, imposed on me, as I thought, a peculiar necessity not to decline the call. The ability to be in the future useful, whether in resisting mischief, or effecting good, in those crises of our public affairs which seem likely to happen, would probably be inseparable from a conformity with public prejudice in this particular."[147] The pathway of history is strewn with the wrecks of customs and superst.i.tions which have held men in their grip, compelling obedience and demanding regularity; but no custom ever had a firmer hold upon gifted men than duelling, making them its devotees even when their intellects condemned it, their hearts recognised its cruelty, and their consciences p.r.o.nounced it wrong.

[Footnote 147: _Hamilton's Works_ (Lodge), Vol. 8, pp. 626-8.]

Because of Hamilton's engagements in court, the hostile meeting was deferred until Wednesday, July 11th. In the meantime the princ.i.p.als went about their vocations with apparent indifference to the coming event. On the evening of July 4th, Hamilton and Burr attended the annual dinner of the Society of the Cincinnati, of which the former had succeeded Washington as president. The occasion was remembered as the gayest and most hilarious in the society's history. Hamilton leaped upon the table and sang "The Drum," an old camp song that became historic because of his frequent rendition of it. It was recalled afterward that Burr withdrew before the festivities had ended. On Sat.u.r.day evening Hamilton dined Colonel Trumbull, one of Washington's first aides, and on Monday attended a reception given by Oliver Wolcott, John Adams' secretary of the treasury. Tuesday evening he prepared the paper already quoted, and addressed a letter to Theodore Sedgwick, one of Pickering's sternest conspirators, warning him against disunion. "Dismemberment of our empire," he said, "will be a clear sacrifice of great positive advantages, without any counterbalancing good; administering no relief to our real disease, which is democracy--the poison of which, by a subdivision, will only be the more concentred in each part, and consequently the more virulent."[148]

[Footnote 148: _Hamilton's Works_ (Lodge), Vol. 8, p. 615. Letter to Theo. Sedgwick.]

Meantime the secret had been confined to less than a dozen persons, and to none of Hamilton's intimate friends. Troup remained with him until a late hour Monday night without suspecting anything, the gaiety of his manner leading his friend to think his health was mending. Had Troup divined the hostile meeting, it might not have occurred. When John Swartout entered Burr's room at daylight on that fatal 11th of July, he found him sound asleep.

It was seven o'clock Wednesday morning, a hot July day, that Hamilton crossed the Hudson to Weehawken, with Pendleton, his second, and Dr.

Hosack, Burr and Van Ness having preceded them. It took but a moment to measure ten paces, load the pistols, and place the princ.i.p.als in position. As the word was given, Burr took deliberate aim and fired.

Instantly Hamilton reeled and fell forward headlong upon his face, involuntarily discharging his pistol. "This is a mortal wound, Doctor," he gasped, and immediately sank into a swoon. An examination showed that the ball had penetrated the right side. Burr, sheltered by Van Ness under an umbrella, hurried from the scene, while Hamilton, conveyed in his boat to the city, gradually recovered consciousness.

"My vision is indistinct," he murmured; but soon after, catching sight of a pistol near him, cautioned them to take care of it. "It is undischarged and still c.o.c.ked," he said; "it may go off and do harm.

Pendleton knows I did not intend to fire at him." As the boat neared the wharf, he asked that Mrs. Hamilton be sent for. "Let the event be gradually broken to her," he said, "but give her hopes." Thus he lingered for thirty-one hours in great agony, but retaining his self-command to the last, and dying in the midst of his stricken family and sorrowing friends.

If Washington and Lincoln be excepted, it is doubtful if an American was ever more deeply mourned. Had he been President, he could not have been buried with greater pomp, or with manifestations of more profound sorrow. Although he had been hated by his enemies, and at times misunderstood by some of his friends, at his death the people, without division, instantly recognised that his life had been pa.s.sionately devoted to his country, and they paid him the tribute only accorded the memory of a most ill.u.s.trious patriot. Such demonstrations were not confined to New York. The sorrow became national; speeches, sermons, and poems without number, were composed in his honour; in every State, some county or town received his name; wherever an American lived, an expression of sympathy found record. It was the consensus of opinion that the life which began in January, 1757 and ended in July, 1804, held in the compa.s.s of its forty-seven years the epitome of what America meant for Americans in the days of its greatest peril and its greatest glory. "Had he lived twenty years longer," said Chancellor Kent, "I have very little doubt he would have rivalled Socrates or Bacon, or any other of the sages of ancient or modern times, in researches after truth and in benevolence to mankind. The active and profound statesman, the learned and eloquent lawyer, would probably have disappeared in a great degree before the character of the sage and philosopher, instructing mankind by his wisdom, and elevating the country by his example."[149]

[Footnote 149: William Kent, _Life of James Kent_, appendix, p. 328.]

Burr became a name of horror.[150] When Hamilton's death was announced there came a cry of execration on his murderer, which the publication of the correspondence intensified. A coroner's jury p.r.o.nounced him a murderer, the grand jury instructed the district attorney to prosecute, and the Vice President found it necessary to take refuge in concealment until the first fury of the people had subsided.

Cheetham's pen, following him remorselessly, charged that he ransacked the newspapers for the grounds of a challenge; that for three months he daily practised with a pistol; and that while Hamilton lay dying, he sat at the table drinking wine with his friends, and apologising that he had not shot him through the heart.

[Footnote 150: "Orators, ministers, and newspapers exhausted themselves in execration of Burr."--Henry Adams, _History of the United States_, Vol. 2, p. 190.]

Within two years Burr was arrested for treason, charged with an attempt to place himself at the head of a new nation formed from the country of the Montezumas and the valley of the Mississippi, and, although he was acquitted, his countrymen believed him guilty of a treasonable ambition. In the State where he had found his chief support, he ever after ranked in infamy next to Benedict Arnold.