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forget our former love for them, and hold them as we hold the rest of mankind, enemies in war, in peace friends. We might have been a free and a great people together; but a communication of grandeur and of freedom, it seems, is below their dignity. Be it so, since they will have it. The road to happiness and to glory is open to us too. We will tread it apart from them, and*] acquiesce in the necessity which denounces our (eternal) separation !†

We, therefore, the representatives of the United States of America in General Congress assembled, do in the name, and by the authority of the good people of these [states, reject and renounce all allegiance and subjection to the kings of Great Britain and all others who may hereafter claim by, through, or under them; we utterly dissolve all political connection which may heretofore have subsisted between us and the people or parliament of Great Britain; and finally we do assert and declare these colonies to be free and independent states,] and that as free and independent states, they have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent states may of right do.‡

We must therefore acquiesce.

And hold them as we hold the rest of mankind, enemies in war, in peace friends.

We, therefore, the representatives of the United States of America in General Congress assembled, appealing to the supreme Judge of the world for the rectitude of our intentions, do in the name and by the authority of the good people of these colonies, solemnly publish and declare that these united colonies are, and of right ought to be, free and independent states; that they are absolved from all allegiance to the British crown, and that all political connection between them and the state of Great Britain is, and ought to be, totally dissolved; and that, as free and independent states, they have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent states may of right do.

And for the support of this declaration, we mutually pledge to each other our lives, our fortunes, and our sacred honor.*

No. II.

LETTERS OF JOHN RANDOLPH IN RELATION TO MR. JEFFERSON'S ELECTION TO THE PRESIDENCY.

Chamber of the House of Representatives,
Wednesday, February 11th, 1801.

Seven times we have ballotted-eight States for J.-six for B.-two, Maryland and Vermont, divided. Voted to postpone for an hour the process; now, half-past four, resumed-result the same.

The order against adjourning, made with a view to Mr. Nicholson, who was ill, has not operated. He left his sick bed-came through a snow storm-brought his bed, and has prevented the vote of Maryland from being given to Burr. Mail closing.

Yours with perfect love and esteem,

MY DEAR SIR:

J. R., JR.

Thursday morning, February 12th.

We have just taken the n neteenth ballot. The result has invariably been eight States for J., six for B., two divided. We continue to ballot with the interval of an hour. The rule for making the sittings permanent seems

* And for the support of this declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes, and our sacred honor.

No

now to be not so agreeable to our Federal gentlemen. election will, in my opinion, take place. By special permission the mail will remain open until four o'clock. I will not close this letter until three. If there be a change I shall notify it, if not I shall add no more to the assurance of my entire affection.

JOHN RANDOLPH, JR.

Chamber of the House of Representatives,

February 14th, 1801.

After endeavoring to make the question before us depend upon physical construction, our opponents have begged for a dispensation from their own regulation, and without adjourning we have postponed, (like able casuists) from day to day, the ballotting. In half an hour we shall recommence the operation. The result is marked below.

We have ballotted thirty-one hours. Twelve o'clock, Saturday noon, eight for J., six for B., two divided. Again at one, not yet decided. Same result. Postponed till Monday twelve o'clock.

JOHN RANDOLPH, JR.

Chamber of the Representatives,
February 17th.

On the thirty-sixth ballot, there appeared, this day, ten States for Thomas Jefferson-four (New England) for A. Burr, and two blank ballots, (Delaware and South Carolina.) This was the second time that we ballotted today.

The four Burr-ites of Maryland, put blanks into the box of that State. The vote was, therefore, unanimous. Mr. Morris, of Vermont, left his seat, and the result was, therefore, Jeffersonian. Adieu, Tuesday, two o'clock, P. M. J. R., JR.

I need not add that Mr. J. was declared duly elected.

No. III.

JEFERSON'S NOTE ON MR. BAYARD.

The following vindication of Mr. Jefferson for a note in in his ana concerning the late Mr. Bayard of Delaware, was written by Mr. Madison, and was first published in the National Gazette of February 5th, 1831:

25th January, 1831.

Mr. Editor: The National Gazette of January 1st, contained a publication, edited since in pamphlet form, from two sons of the late Mr. Bayard; its object being to vindicate the memory of their father against certain passages in the writings of Mr. Jefferson.

The filial anxiety which prompted the publication was natural and highly commendable. But it is to be regretted, that in performing that duty, they have done great injustice. to the memory of Mr. Jefferson, by the hasty and limited views taken of the evidence deducible from the sources to which they had appealed.

The first passage on which they found their charges is in the following words:

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February 12, 1801.-Edward Livingston tells me, that Bayard applied, to day or last night, to General Smith, and represented to him the expediency of coming over to the States who vote for Burr, that there was nothing in the way of appointment which he might not command, and particularly mentioned the Secretaryship of the Navy. Smith asked him if he was authorized to make the offer. He said he was authorized. Smith told this to Livingston,

and to Wilson Carey Nicholas, who confirms it to me." [See Mr. Jefferson's Memoirs, Vol. IV. p. 515.]

From this statement it appears, that Mr. Jefferson was told by Mr. Livingston, that he had it from General Smith, that Mr. Bayard had applied to him [General Smith,] with au offer of a high appointment, if he would come over from the Jefferson party, and join that of the rival candidate for the presidency. It appears that this information of Mr. Livingston was confirmed to Mr. Jefferson by Mr. W. C. Nicholas, who also said he had it from General Smith. It appears that the communication thus made to Mr. Jefferson, was reduced by him to writing on the day on which it was made; and that the incident which was the subject of it, took place on the morning of the same day, or at furthest on the night before. It is found also, that what was in this case reduced to writing, made no part of what was first reduced to writing on the 15th of April, 1806, [see Vol. IV. p. 521] but that it was then expressly referred to, as having been reduced to writing at the time.

Opposed to this memorandum of Mr. Jefferson is firstthe declaration of Mr. Livingston on the floor of the Senate of the United States, after a lapse of about twenty-nine years, "that as to the precise question put to him, [touching the application of Mr. Bayard to General Smith,] he must say that after having taxed his recollection, as far as it could go, on so remote a transaction, he had no remembrance of it;" implying that he might have had a conversation with Mr. Jefferson relating to the remote transaction, not within the scope of the precise question. Second-the declaration of General Smith in the same place, and after the same lapse of time, "that he had not the most distant recollection that Mr. Bayard had ever made such a proposition to him," adding, "that he never received from any man any such proposition "

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