Had this been all, Jefferson might have ignored it. The difficulties hes encountered in New York were caused not so much by the removal of Federalists, as by unwillingness to appoint Republicans. Jefferson did not like the Clintons, but he liked Aaron Burr still less.
The character of Burr was well understood by the party leaders on both sides long before 1800. The Virginians twice refused to vote for him as Vice-President before they were induced to do so in that year. Jefferson himself recorded that he considered Burr as for sale between 1790 and 1800; he even added that the two parties bid against each other in the latter year for the prize. "He was told by Dayton in 1800 he might be Secretary at War; but this bid was too late; his election as Vice-President was then forseen."6 According to this view the Virginians bought him; but they had no sooner done so than they prayed to be delivered from their bargain; and De Witt Clinton undertook to deliver them, with a tacit understanding, at least on his part, that in 1808 the Virginians must reckon with him for the debt.
Not, therefore, Federalists alone were victims of the scandal in New York. The exhibition of selfish intrigue which centered in New York politics was calculated to startle Jefferson from his confidence in human nature. Burr's overthrow was a matter of offices and public patronage; no principle of reform or pure motive in any person was involved in it. The New York Republicans were divided into three factions, represented by the Clinton, Livingston, and Burr interests; and among them was so little difference in principle or morals, that a politician as honest and an observer as keen as Albert Gallatin inclined to Burr as the least selfish of the three.7 The Vice-President was popular in the city of New York, and to some extent in the country districts throughout the State. Bad as his morality was understood to be, he had at that time committed no offence that warranted ostracism; but from the moment of Governor Clinton's accession to power, he was pursued and persecuted by the whole Clinton interest.
Burr, aware of the dislike and jealousy with which the Clintons regarded him, had until then depended for a counterbalance on the Livingston interest, of which General Armstrong in the Senate and Edward Livingston in the House were the representatives at Washington; in alliance with them and in accord with Gallatin, he parcelled out the federal patronage of the State. His chief anxiety was to provide offices for his two friends, John Swartwout and Matthew L. Davis; and he succeeded in obtaining for the first the marshalship of New York, for the second a promise of the supervisorship. No sooner did the news of this arrangement reach the ears of De Witt Clinton than he remonstrated, and in a few days drew from President Jefferson a letter addressed to Governor Clinton, which in effect surrendered Burr into the hands of his enemies. "The following arrangement," wrote the President,8 May 17, "was agreed on by Colonel Burr and some of your senators and representatives,—David Gelson, collector; Theodorus Bailey, naval officer; and M. L. Davis, supervisor." Objections had been made. Would Governor Clinton express his opinion?
In a short time Burr found that the President showed no alacrity for the removal of Federalist officials in New York. Neither Bailey nor Davis was appointed. Bailey, hitherto a friend of Burr, withdrew from his candidacy under a promise, as was supposed, of the postmastership; and Davis was pressed by Burr for the post of naval officer, then held by a Federalist named Rogers, who was charged with adhesion to the British during the Revolution. Within six weeks after Jefferson's letter to Governor Clinton, Burr caught the rumor of some secret understanding, and wrote angrily to Gallatin,9—
"Strange reports are here in circulation respecting secret machinations against Davis. . . . This thing has, in my opinion, gone too far to be now defeated. . . . Davis is too important to be trifled with."
His remonstrances fell on deaf ears. No entreaty, even from Gallatin himself, could thenceforward induce the President to open his mouth on the subject. After waiting two months longer, Davis resorted to the desperate expedient of seeking a personal interview; and early in September undertook the long journey to Monticello, furnished with a strong letter from Gallatin, and supported by a private letter which was stronger still:10—
"I dislike much," wrote the Secretary in this remarkable paper, "the idea of supporting a section of Republicans in New York, and mistrusting the great majority because that section in supposed to be hostile to Burr, and he is considered as the leader of that majority. A great reason against such policy is that the reputed leaders of that section,—I mean the Livingstons generally, and some broken remnants of the Clintonian party who hate Burr,—. . . are so selfish and so uninfluential that they never can obtain their great object, the State government, without the assistance of what is called Burr's party, and will not hesitate a moment to bargain for that object with him and his friends, granting in exchange their support for anything he or they may want out of the State. . . . I do not know that there is hardly a man who meddles with politics in New York who does not believe that Davis's rejection is owing to Burr's recommendation."
Gallatin was not in the secret. Although he was the only Cabinet representative of the Middle States, his advice was neither asked nor followed. Jefferson had decided to let De Witt Clinton have his way, but he explained his intentions neither to Gallatin, Burr, nor to Davis. In reply to Gallatin's remonstrance, he wrote back from Monticello:11 "Mr Davis is now with me. He has not opened himself. When he does, I shall inform him that nothing is decided, nor can be till we get together at Washington."
That nothing had been decided was not only, as Burr called it,12 a "commonplace" answer, but was also incorrect. Everything had been decided; and by the time Davis, amid the jeers of the press, rejoined Burr in New York, the results of the Clinton intrigue had become visible. While Jefferson withheld from Burr all sign of support, De Witt Clinton and Ambrose Spencer, acting in unison with the President, detached the Livingstons from Burr's interest. The Chancellor was already provided for. Too important to be overlooked, he was offered and had accepted the mission to France even before the inauguration.13 Edward Livingston, Burr's friend, was made mayor of New York,—an office then in the gift of the Council, and supposed to be worth ten thousand dollars a year.14 He also received from Jefferson the appointment of district attorney. The chief-justice and two of the Supreme Court judges were of the Livingston connection. The secretary of state was another of the family, and General Armstrong, one of the senators in Congress, still another. In various meetings of the Council of Appointment during the summer and autumn, the State and city offices were taken from the Federalists and divided between the Clintons and the Livingstons, until the Livingstons were gorged; while Burr was left to beg from Jefferson the share of national patronage which De Witt Clinton had months before taken measures to prevent his obtaining.
That Jefferson and De Witt Clinton expected and intended to drive Burr from the party was already clear to Burr and his friends as early as September, 1801, when Matthew L. Davis forced himself into Jefferson's house at Monticello, while Burr watched the tactics of De Witt Clinton's Council of Appointment. On both sides the game was selfish, and belonged rather to the intrigues of Guelfs and Ghibellines in some Italian city of the thirteenth century than to the pure atmosphere of Jefferson's republicanism. The disgust of Gallatin was deep; but he knew too well the nature of New York politics to care greatly whether Burr or Clinton were to rule, and he was anxious only to stop the use of federal patronage in the interests of party intrigue. The New Haven letter had not pleased him. Within a fortnight after that letter was written, he sent to the President15 the draft of a Treasury Circular which would not only have stopped the removal of inferior