APPENDIX. [A. p. 81.] THE following extracts of letters from an actor in this interesting scene, briefly give its history and result. They are from John Randolph to his father-in-law, St. George Tucker. Chamber of the House of Representatives, Seven times we have balloted-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, J. R. JR. My dear Sir, Thursday morning, February 12th. We have just taken the nineteenth 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 now to be not so agreeable to our federal gentlemen. No 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 endeavouring 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 balloting. In half an hour we shall recommence the operation. The result is marked below. Twelve o'clock, Saturday noon, We have balloted thirty-one hours. eight for J., six for B., two divided. Same result. Postponed till Monday twelve o'clock. JOHN RANDOLPH, Jr. Chamber of the Representatives, 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 balloted to-day. 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. I need not add that Mr. J. was declared duly elected. [B. p. 82.] J. R. JR. The following vindication of Mr. Jefferson for a note in his ana concerning the late Mr. Bayard of Delaware, is from the pen of Mr. Madison, and was first published in the National Gazette of February 5th, 1831. From the National Gazette. 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: "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 an 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 first-the 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." On comparing these declarations, made after an interval of so many years, with the statement of Mr. Jefferson reduced to writing at the time, it is impossible to regard them as proof, that communications were not made to him by Mr. Livingston and Mr. W. C. Nicholas, which he [Mr. Jefferson,] understood to import, that Mr. Bayard had made to General Smith the application as stated. And if Mr. Jefferson was under that impression, however erroneous it might be, his subsequent opinion and language in reference to Mr. Bayard, are at once accounted for, without any resort to the imputations in the publication. That there has been great error somewhere is apparent; that respect for the several parties requires it to be viewed as involuntary, must be admitted; that being involuntary, it must have proceeded from misapprehensions or failures of memory; that there having been no interval for the failure of the memory of Mr. Jefferson, the error, if with him, must be ascribed to misapprehension. The resulting question therefore is, between the probability of misapprehensions by Mr. Jefferson of the statements made to him at the time by Mr. Livingston and Mr. Nicholas, and the probability of misapprehensions or failures of memory in some one or more of the other parties; and the decision of this question must be left to an unbiassed and intelligent public. The other passage is at page 521, volume iv. of the Memoir, and is as follows, under date of April 15, 1806. Referring to a previous conversation with Colonel Burr, he says "I did not commit these things to writing at the time, but I do it now, because in a suit between him [Col. Burr] and Cheetham, he had a deposition of Mr. Bayard taken, which seems to have no relation to the suit, nor to any other object than to calumniate me. Bayard pretends to have addressed to me during the pending of the presidential election in February, 1801, through General Samuel Smith, certain conditions on which my election might be obtained, and that General Smith, after conversing with me, gave answers for me. This is absolutely false. No proposition of any kind was ever made to me on that occasion by General Smith, nor any answer authorized by me; and this fact General Smith affirms at this moment." The reply given to this memorandum by the authors of the publication is a reference to the depositions of Mr. Bayard and General Smith, in the cause of Gillespie and Smith. It appears that Mr. Jefferson attending (merely to the matter of Mr. Bayard's deposition, did not distinguish between the suit of Burr and Cheetham, and that of Gillespie and Smith; in the latter of which the deposition of General Smith as well as that of Mr. Bayard was taken. The part of the deposition of Mr. Bayard referred to by Mr. Jefferson is as follows: "I [Mr. Bayard] told him [General Smith] I should not be satisfied, nor agree to yield, till I had the assurance from Mr. Jefferson himself; but that if he, General Smith, would consult Mr. Jefferson, and bring the assurance from him, the election should be ended. The general made no difficulty in consulting Mr. Jefferson; and proposed giving me his answer the next morning. The next day upon our meeting, General Smith informed me that he had seen Mr. Jefferson and stated to him the points mentioned; and was authorized by him to say that they corresponded with his views and intentions; and that we [Mr. B., &c.] might confide in him accordingly. The opposition of Vermont, &c, &c. was immediately withdrawn, and Mr. Jefferson was made President by the vote of ten states." Here it is explicitly stated, by the authority of General Smith that an assurance in the nature of a pledge was authorized by Mr. Jefferson to be given to Mr. Bayard, that he [Mr, Jefferson] would conform to the conditions on which his election was to be obtained. The terms used by Mr. Jefferson in denouncing the fact deposed by Mr. Bayard are accounted for, by the odious light in which it presented itself, by his consciousness that he had never authorized it, by the impressions unfavourable to Mr. Bayard which had been made upon him, by the information, as he understood it, given him by Mr. Livingston and Mr. Nicholas; and especially by the denial of the fact by General Smith at the moment, Certain it is, that there is a direct contrariety between the deposition of Mr. Bayard, and the memorandum of Mr. Jefferson, involving a question between General Smith and Mr. Bayard on the one hand, and between Mr. Jefferson and General Smith on the other. That Mr. Bayard understood General Smith to have borne an authorized pledge from Mr. Jefferson, is attested by the fact that he proceeded forthwith to execute the purpose of which such a pledge was the condition. Passing to the deposition of General Smith, given twelve days after that of Mr. Bayard, and on the same day on which the memorandum of Mr. Jefferson is dated, let it be seen what light is furnished by that document. The assertion of Mr. Jefferson in the memorandum is, that no proposition was ever made to him on that occasion by General Smith, nor any answer authorized by him; and this fact General Smith affirms at this moment. In accordance with this assertion of Mr. Jefferson and confirmation by General Smith, is the passage in the deposition of General Smith, which declares "that he knew of no bargains or agreements, which took place at the time of the balloting;" and the other passage which states "that he [Mr. Jefferson] had told me [General Smith] that any opinion he should give at this time might be attributed to improper motives. That to me [General Smith] he had no hesitation in saying that as to the public debt, &c. &c., he had not changed his opinion, &c. &c." This was so far from authorizing any use of what he said that might be attributed to improper motives, that it was expressed as between themselves, and consequently with a view to guard against any such use. The passage in the deposition of General Smith, on which particular |