to the impression made by this Convention upon the British cabinet was confirmed by advices from the American ambassador in London. Lord Grenville stated, that he saw nothing in it inconsistent with the treaty with England, or which afforded them any ground of complaint; nor did he object to any thing, except the article respecting convoys, which we were certainly free to make, but which, nevertheless, just at the present juncture, alluding to the misunderstanding with the Northern powers, "had somewhat of a less friendly appearance than might have been wished." This Convention was under discussion from the sixteenth of December until the third of February. The excitement which it caused at first, gradually gave way before Hamilton's advice, which, however, did not prevail in full. To get rid of the objectionable features, it was resolved to ratify it conditionally, rejecting the second article, which might have been construed by France as admitting the existence of the former treaties; and the third, which stipulated the restoration of the public vessels that had been captured. On the final vote, the second article was expunged by a large majority, the third was permitted to remain, but the duration of the Convention was proposed to be limited to eight years.* Adams immediately nominated James A. Bayard en * Nine Senators were opposed to it. Thirty-one voted for it. The nine negatives were the Senators from Massachusetts, Connecticut, and Pennsylvania-Morris of New York, Wells of Delaware, Read of South Carolina,Stephen Thomson Mason to Monroe, February 5, 1801. "Adams stated to the Senate that it would have been more conformable to his own judgment and inclination to have agreed to the instrument unconditionally." "Where then," he observed, was the danger of this negotiation? Nowhere but in the disturbed imagination of Alexander Hamilton. To me only was it dangerous. To me as a public man it was fatal, and that only because Alexander Hamilton was pleased to wield it as a poisoned weapon, with the express purpose of destroy voy to France, who declined the appointment. The Convention so modified was confirmed by Bonaparte. Thus the great end of Hamilton's foreign policy was attained. With Great Britain war was postponed,-with France peace preserved. Indignant as he was at the humiliation the American character had suffered, and resolved to resist at every hazard the aggravated aggressions her Revolutionary rulers were committing, Hamilton never forgot the day when, standing between Washington and Rochambeau, he saw the surrender of Cornwallis to the United arms of America and France-the portrait of whose benevolent, unfortunate Monarch was always suspended before him. Justly might he feel that by his energetic and moderate counsels this great "good ”— PEACE had been preserved to a nation whose government was only in the twelfth year of its existence.* Ellsworth having determined to remain in France for the restoration of his health, resigned his seat on the bench of the Supreme Court. At the recent session of the legislature of New York, Jay, in a message to which it was not usual to return an answer, on the morning of the day when the electors of President were to be chosen, alluded "to the patriotic zeal and important services of the President." This commendation gave, at the time, not a little umbrage to the Federalists. A sincere respect for the services of Jay had secured to him their long continued, faithful, zealous support. They had labored to appease the dissatisfactions ascribed to him; * Τί εστιν αγαθον, * νυν ευρον· ειρηνη 'στιν· ω Ζευ φίλτατε ταυτα παντ' αν εκλίπη τεθνηκε κοινη πας ο των ζωντων βιος Fragment from Pyrrhus of Philemon. and to soothe the prejudices his own prejudices had excited, by appealing from his defects to his great and substantial merits. But the estrangement from him was extensive, and though long kept out of view, was now little diguised. An eulogium upon Adams, by the statesman, whom they had most warmly defended from the charge of "British influence," upon the man who had ruined their party, while imputing to it such influence, delivered publicly on the very day, at the very moment, which preceded the triumph of their adversaries, was unexpected. Jay wrote to the President communicating a copy of his message, which Adams acknowledged with warmth, but in terms of little dignity. An opportunity was soon offered of manifesting his gratitude. Though Jay had previously declined the office of Chief Justice of the Supreme Court of the United States, and had, within a few days, publicly declared his intention to retire from public life, Adams nominated him to the vacancy. The office was again declined; * and Marshall was placed at the head of the National judiciary-the sphere of his long invaluable service. While the Senate of the United States were engaged in the consideration of the Convention with France, the attention of the nation was fixed upon the issue of the election of its chief magistrate. The Electoral Colleges assembled in each State on the appointed day. As to those of Virginia and New York, the course of each was a source of solicitude to the respective candidates of the Democracy. The diversion at the previous election of the fifteen votes of Virginia to Samuel Adams had given Burr dire offence. He "I consider it impossible," Wolcott wrote, "that Mr. Jay should consent to take the office of Chief Justice; and it is deeply to be regretted, that the President will so sport with such serious things." regarded and denounced it as an act of bad faith; and at the Caucus of the Democratic members of Congress, it was made a condition of his consent to become a candidate, that a pledge should be given, to secure, if practicable, an equal vote to him with Jefferson. A violation. of this pledge by Virginia might lose the vote of New York. To guard against this contingency, Madison wrote to Monroe, then Governor of Virginia: "I now inclose a letter left here by Mr. Alston (son-in-law of Burr.) It will communicate all that I could repeat from one to me from Colonel BURR and Mr. Gelston. The latter is uneasy lest the Southern States would not be true to their duty. I hope he will be sensible, that there was no occasion for it. It seems important that all proper means should emanate from Richmond for guarding against a division of the Republican votes, by which one of the Republican candidates may be lost. It would be superfluous to suggest to you the mischief resulting from the least ground of reproach, and particularly to Virginia on this head." It being supposed by Burr, that an equal vote would thus be secured in other States, it would decide the election in his favor, could a single vote be diverted from Jefferson. This was attempted in the Electoral College of New York. Reasons existing to apprehend that Burr had obtained the control of one of the electors, a person of feeble intellect, residing in the city of New York; how to frustrate this infidelity, became a matter of anxious consultation. An expedient was resorted to which succeeded. At the meeting of the Electors, as soon as their credentials were read, Floyd, a member from Long Island, took the floor; and, assigning as a reason for the course he proposed, that they were unanimous, moved, that the vote by secret ballot be dispensed with; and that each elector should place his ballot openly on the table! This was carried without debate, and thus the entire vote of New York was secured to Jefferson.* A similar diversion of a vote from Burr had been contemplated in South Carolina, but was not effected. † The general official result was not ascertained for some time; but positive intelligence of the vote of South Carolina was received at the seat of government, on the thirteenth of December. There was now every reason to suppose, that there would be "an absolute parity between Jefferson and Burr." If so, the election would devolve upon the House of Representatives. Two sources of apprehension opened upon Jefferson. One, that the members from New York might be induced to withdraw from him her vote. The other, that the Federalists would prefer Burr. He applied himself immediately to remove the first of these obstacles to his ambition. A majority of the Representatives from New York were of the Democratic party, the most influential of these was Edward Livingston, the brother of the Chancellor of that State. The day after, the vote of South Carolina was known§ at Washington, Jefferson wrote to the latter. * Statement of Judge Woodworth, one of the electors. Cheetham wrote to Jefferson-" One New York elector-Lispenard'—was to have dropped him, but was alarmed not to do it. Burr went twice to Rhode Island. Timothy Green was his agent at the seat of government of South Carolina." This is seen in a letter of Freneau of the 2d December received by Jefferson on the 12th, advising him that "he would have votes, Burr 7, Clinton 1." Jefferson to Madison, iii. 447, Dec. 19, 1800. § Dcc. 14, 1800. Jefferson's Works, iii. 442. In the life of Jefferson by Tucker, ii. 75, it is stated: "In the morth of December, when the issue of the election was ascertained, Mr. Jefferson, not anticipating that equality of votes between Colonel Burr and himself which would carry the election to the House of Representatives, began to look about for the formation of his cabinet; and having concurred with the general voice |