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tract, (unusual in political writing,) and the interest of the public in the subject, invited general attention at the time. The reviewer has culled from Major Lee, and repeated him in a bad form. Mr. Jefferson had addressed to Mr. Van Buren an explanation of the letter to Mazzei, and Professor Tucker has enlarged the defence. The charge was, that by the letter, he had stabbed the reputation of Washington, for whom, personally and publicly, he professed friendship. Mr. Jefferson's defence substantially is—that he never meant to include Washington among the monarchists; nor among the "Samsons in the field, and Solomons in council," and that his letter has no direct mention nor indirect allusion to General Washington, except the passage which speaks of the "executive" as opposed to the democratic party. In this there was no reproach. It was notoriety then, and it is history now. In fact we see nothing in that letter, which General Washington's best friend, if of opposite politics, might not have written in all faith and friendship. The interpretation comes at last to a question of veracity; nor do we see, how, in any possible way, the meaning of such language can be ascertained but by the declaration of the writer. The reviewer finds no force in such testimony; he does, of course, reject the averment of a man whom he would not credit on his oath. In this way, Mr. Jefferson's evidence in this court of critical justice is treated as the law treats a felon whose infamy is proved by a record of conviction and sentence.

The letters to Burr show that at different times Mr. Jefferson thought and spoke of him in a different manner, as he was more or less acquainted with Burr's character and conduct--that he wrote him a letter of compliment, and designed him for a cabinet office. The former, in their situation, was merely a common decency, The latter was in deference to party and public sentiment; a principle which, under our government, must always govern appointments to office. The accidents of political life placed these nien together, and they acted together. The politician who would consent to act only with those whose personal characters and conduct squared to his own tastes, would be useless and impracticable, and must soon remove himself from all the means and occasions of public service. He would be forced to retire and leave the way to others. Mr. Jefferson contributed in no degree to Col. Burr's elevation. That was his own work. He built up and pulled down his own political fortunes, without any aid from Mr. Jefferson, beyond the accidental party circumstances of the times. Nothing appears in the connection of Jefferson and Burr, but what is common to the lives of most public men. When Burr afterwards stood as a state-criminal, the conduct of the executive in providing for his trial and pressing his condemnation, was no doubt the dictate of his judgment of Burr's guilt, and of the danger and magnitude of the occasion.

The list of "defects" (the word is the reviewer's) ends in cowardice. This item is thrown in to make up that general sum, that compound mass of qualities, principles, opinions and conduct, which, according to the reviewer, forms private character. He says, indeed, it is "of no moment" whether Mr. Jefferson was a "coward or not." There is a delightful candor in this sort of proceeding. To charge a man with the meanest and most disreputable infirmity, and then say

it is of no moment whether it be true! It is no justification to reply, that the reviewer does not positively assert it; that he only hints it That aggravates the flagitious intention. The bare imputation has the effect of proof. In this nice point of honor and character, suspicion disgraces. The reviewer does no credit to his own feelings, and shows no modest respect for other men's sentiments, when he pronounces cowardice a thing so very immaterial. Truth and courage are at the foundation of all that gives dignity and elevation to character; they are closely allied to the "whole line of the masculine virtues." High and heroic courage is a godlike quality. I mean not a mere physical rigidity of nerve, a stupid insensibility, but that moral principle which raises us superior to the sense of danger, which is the first-and to the fear of death, which is the most powerful instinct of nature. In modern Europe, and since the time of chivalry, courage and truth have been the point of honor among the cultivated classes. Sentiments interwoven into our language, our manners, our very moral constitution, and the whole framework of society, are not to be blown away by the breath of a sermon, or of a **** review.

In Mr. Jefferson's particular case, it may be enough to say, that he lived amid circumstances sure to unfold that weakness, had it been inherent in his temper; he lived during a national war, and in a very agitated period afterwards, in the thick of party contentions, and all the passions they engender. He never was found unequal to any crisis of affairs, but was esteemed the boldest political leader of the times. His conduct of the campaign against Arnold in Virginia cannot now be examined, for the facts are not known; while it is easy to criminate and difficult to disprove. He received the deliberate thanks of the Legislature of Virginia. And we know no better way to judge of events which have passed, and which are otherwise but imperfectly known to us, than by some respectful attention to the judgment of contemporaries: such modesty is quite as commendable, and as instructive too, as that other spirit which arrogates all wisdom to ourselves, and shows us all other men and times wrapped in ignorance.

The author of the Declaration of Independence is charged with shameful literary dishonesty, in taking ideas and phrases for that occasion from other statepapers and political writings; and for proof of this, the reviewer compares the National Declaration with the Mecklenburg Declaration and with the Preamble to the Old Constitution of Virginia. This Preamble Professor Tucker says was written by Mr. Jefferson; of which fact so positively asserted, the reviewer chooses to doubt; because, he "infers," that Mr. Wythe, to whom, it is said, Mr. Jefferson sent the paper, was not then in Virginia, but at Philadelphia. This is his single reason. It was a sarcasm of Junius, that “ some men are infidels in religion, who are bigots in politics." The converse may sometimes be true. But this reviewer's skepticism and bigotry are not so well marked and separated. What better proof can there be of authorship? Mr. Jefferson always claimed it, and no one else ever did; and from that day it has been so received in Virginia. That he wrote the National Declaration of Independence, and the Preamble to the Constitution of Virginia, is known by the same kind and amount of evidence.

The subject of this Preamble was identical with

what is now called the list of grievances in the Declara- | burg writer. Both reasoners easily find what they wish tion. The same mind employed to express the same to discover. The first three certainly are not Mr. Jefthoughts, must naturally fall into the same mode. To ferson's-they were perhaps in common use at the time. avoid it scrupulously, must be a laborious trifling of They are the language of the resolutions by which vanity and affectation. Richard Henry Lee moved the Declaration ;-which In 1819, forty years after the event, the Mecklenburg were "That these united colonies are, and of right Declaration came to the knowledge of ex-president | ought to be, free and independent states; that they are Adams, who, surprised and perplexed, wrote to Mr. absolved from all allegiance to the British crown; that all Jefferson-"How is it possible that this paper should political connexion between them and the state of Great be concealed from me to this day? Had it been com- Britain is and ought to be totally dissolved," &c. municated, &c. &c. it would have been printed in every We have now examined the whole article in the New whig newspaper upon the continent. I would have York Review of Mr. Jefferson. Some of those charges made the Hall of Congress echo and re-echo with it fif- are repeated, and in a more invective form, in the Januteen months before your Declaration of Independence."ary No. of 1838, in the article on Davis's Burr. These Mr. Jefferson replied, that, "he believed it spurious." two articles are from the same political clerk and clerical And after giving his reasons, drawn from the character politician. The spirit is preserved, but the style is a of the evidence which supported it, he proceeds-little changed with the title of the work. It is no longer "When Mr. Henry's resolutions, far short of indepen- the "Quarterly Church Journal." The church device dence, flew like lightning through every paper, and is stricken from their banner; and having thrown off kindled both sides of the Atlantic, this flaming Declara- their clerical incumbrances, surplice, cassock, and all, tion, &c. although sent to Congress, is never heard of. and got a party uniform, these gentlemen return to the It is not even known a twelve month after, when a similar old political scuffle with a good deal more fierceness. proposition is first made in that body. Armed with this Our soldier, in particular, flourishes in the field like a bold example, would not you have addressed our timid Bishop of Beauvais. brethren in peals of thunder? Would not every advocate of independence have rung the glories of the Mecklenburg Declaration ?" &c. &c.

We thought the party malice of the federal journalist and political divine was too concentrated for diffusion; that his phial was emptied on Mr. Jefferson. But his January number pours a full stream on Burr; whom he

Now we ask how is it possible that this paper, if it reached Congress, was concealed? Did the North Caro-subjects, in the test of character, to the same sort of lina representatives suppress it? With what a weapon analysis. First, he settles his religion, then his morals, would it have armed the whigs! The charge against and then his politics; the whole sparkling with critical Mr. Jefferson, supposes that this remarkable paper eloquence and personal denunciation, much after this became known to him particularly and alone of the fashion. Burr is styled an "unprincipled, and almost General Congress; not to Adams and others of that peerless villain ;" and afterwards, more figuratively, body, at that time more distinguished; that he con- "a wretch whom purity would scarce look at, much less cealed it, (though how he prevented it from reaching touch." "We would we knew a word stronger than others is inconceivable,) because he found in it four ex- any the language affords, which might express the conpressions of remarkable rhetorical excellence, which he centrated wickedness of a thousand villanies compressed might use for some future state paper; which occasion into one; some little syllabic formation which might did, a year after, present itself in the National Declara- convey with comprehensive brevity the idea of a devil's tion of Independence. This is the reviewer's charge, spirit linked to a brute's propensities; and verily," he with all its absurdities and improbabilities. Mr. Jones proceeds more jocosely, "Burr should have the benefit of North Carolina has made these Mecklenburg pro- of it." After this con amore sketch, where, in his railceedings the subject of a book of invective on Mr. ing, our language breaks down under him, he returns Jefferson. But this notion of the plagiarism was too to Mr. Jefferson, and declares, p. 210, that "a good man silly for his adoption. The four expressions which would long hesitate in his choice, were he forced upon constitute all the verbal likeness of the two papers, the hard alternative of being either Thomas Jefferson, or are "dissolve the political bands which have con- Aaron Burr." Here we have the eminent citizen and nected"-" absolve from all allegiance to the British President of the Republic, who lived and died in the crown"-"are, and of right ought to be"-" pledge to unbounded devotion of the whole American people, each other our lives, our fortunes and our sacred honor." branded as a "peerless villain”—“" a wretch whom puThey are a slight temptation to a literary theft. The rity would scarce look at"-"a devil and a brute."* first is periphrastical and incorrect; the second and And this is the way a living clergyman talks of a dead third have no remarkable elegance; and a better than patriot. It was not in this style his political enemies the last may be found on any page of any classic of wrote his funeral oration; it was not with such sentiour language. Did Mr. Jefferson think to build a lite-ments Daniel Webster exclaimed, "We would have rary fame on four lucky phrases? and was this the borne him upward in a nation's outspread arms, and ambition of a man engaged in great affairs, and to with the prayers of millions and the blessings of milwhose hands were committed the destinies of a people? | lions, have recommended him to the favor of the DiviBoth the professor and his reviewer marked these nity." Let the American people learn from the New expressions, and both determined that their appearance York Church Review what a crime-stained monster in the two papers could not have been accidental. But has been the god of their political idolatry. they differ as to the right of property; the professor giving them to Mr. Jefferson, and the reviewer (equally faithful to his own side) giving them to the Mecklen

One extract more-the conclusion on Burr-to show

*P. 202, we have a "viper"-" the cowardly chronicle of his posthumous slander," &c. &c.

somewhat more of the temper of the whole. The style is Counsellor Phillips' run mad, but the sentiments are like the rest. It is meant for fine writing, and was, no doubt, a matured and digested passage. It is of Burr. "He lay a shattered wreck of humanity just entering upon eternity, with not enough of man left about him, to make a christian out of. [!!!] Ruined in fortune and rotten in reputation, thus passed," &c. &c.—and "when he was laid in the grave, decency congratulated itself that a nuisance was removed, and good men were glad that God had seen fit to deliver society from the contaminating contact of a festering mass of moral putrefaction."

This is like an hyena; it is the rancorous malignity of a fiend. There is nothing human in this chuckling over a deathbed, a miserable, deserted deathbed, and a dishonored grave. Surely that ambitious, and singu- | larly worldly-minded man must, in his own feelings, in his political prostration, and his deep personal abasement, have sufficiently avenged his enemies. No matter what his errors and crimes were; a feeling man would pity as well as condemn, while he regarded his elevation and his fall; and a just man would decide that his misery was punishment enough. How a man of religion regards all these circumstances, we charitably take it, the New York reviewer is no example.

the general opinion of their countrymen then, and what is that opinion now? Mr. Madison may be allowed as a competent judge. He had tried Hamilton's strength in every form, and did full justice to his ability; but declared, that in the gradation of intellect, there were many orders, between such a mind and Mr. Jefferson's. Judge the men too, by what they attempted and accomplished. Jay, after his treaty, retired from public life. But Hamilton lived on, in political struggles, and political defeats; while Mr. Jefferson triumphed, and from president to president of his party, led the political opinions of his country through twenty-four years. A man who passes through life unimpressive as a shadow, may be gifted with higher powers than he who governs the mind of his age; but, of this, we can only reason in the spirit of the Latin maxim, and infer that only to exist, which appears.* But these reviewers judge men and things by the illumination of a higher wisdom-which teaches them to know that the race is never to the swift, and to believe whatever is contrary to facts and probable evidence.

gar and atrocious railing, which was the old language of church controversy. We therefore hope that the tempting opportunities of this Review, and the ambition of that sort of reputation may not turn the New York ministry into a set of political and pamphleteering clerics.

The New York Church Quarterly cannot be regarded as the most valuable gift that Divinity has bequeathed to politics. The habit of taking a little verse of text, and wire-drawing it into a sermon, makes weak and diffusive writers. The labor of writing about nothing, This article on Burr quotes from Davis a detailed | disqualifies them to write well about any thing. But account of the opening of the ballots before Congress in were it otherwise,—were it the direct reverse of this the presidential election of 1801; in which is stated-review,-no learning or eloquence, not even Milton and that the votes presented for Georgia were not authenti- Salmasius, could reconcile us to the revival of the yulcated; and that, notwithstanding, Mr. Jefferson passed them for himself and Burr. The reviewer thinks, "there was nothing in Mr. Jefferson's character to render the story improbable;” but that the testimony of an anonymous witness is insufficient evidence. He might have found, in the very statement, a conclusive refutation of it, made as sure as human testimony can make any thing. The circumstances are these. This unknown witness of Mr. Davis' "secret history" says he had it from Nicholas and Wells, two of the tellers. If the fact be true, then four perjuries were committed; by the three tellers and the presiding officer-for with all it was a violation the grossest, of their oath of office. Two of them afterwards confess their infamy, in the way of babbling gossip and secret history, to a man in New York, who furnishes it for the enduring record and eternal blazon of Davis' biography. Wells too was a federalist; yet he sinned against his oath, and all his

political feelings and interests. Rutledge, of South Carolina-an honorable and distinguished man-he too colluded!! These monstrous improbabilities are involved in this libel. Yet it is welcomed by the reviewer, who calls on Davis to produce his witness!--In the January No. of the Democratic Review, published at Washington, is given a copy of the Georgia ballot, taken from the archives of the United States Senate, by which it appears that the votes were authenticated in every legal form, by the signatures of the electors, by the signature of the governor, and by the executive seal of the state. This removes the very foundation on which this great fabric of slander was erected.

The reviewer's estimate of Mr. Jefferson's abilities is as just, and candid, and liberal as his moral strictures. On p. 34, article Jefferson, he pronounces it ludicrous to compare him with Hamilton or Jay. But what was

GENERAL HUGH MERCER.

Among the many acts of tyranny and oppression, which exiled from Britain her noblest sons, and which crowded the forests of America with an educated and enterprising population, was the memorable battle of Culloden. The dull pen of history slumbers over the details of that terrific conflict, while romance has caught from it some of the proudest examples of virtue, patriotism and chivalry. The Stuarts' throne was filled by a sullen and phlegmatic race-the unholy union with England; a nation's birthright prostituted to sale by a hireling parliament—the burnings, wastings and judicial murders, under the iron law of the sword, and the heroism of her true, though proscribed sovereign, all conspired to leave a festering wound on the heart of Scotland, and to render her restless and insubordinate under the rule of a foreign king. The battle of Culloden

The maxim referred to by the writer is, "De non apparentibus et non existentibus, eadem est ratio."-Things not appearing, are considered as not existing.—[Ed. Mess.

quenched the last gasp of her independence, and endearments of domestic life, and gave to his the stern revenge inflicted on the vanquished by country in that trying hour the energy and rethe merciless Cumberland, while it filled the sources of a practised and accomplished soldier. nation with woe and wretchedness, expelled from In 1775 he was in command of three regiments of her bosom those sons whom power could not pur-minute men, and early in 1776 we find him zealchase, and whom cruelty could not conquer. In ously engaged as a colonel of the army of Virthat memorable engagement, the subject of our memoir bore an honorable part in the service of his oppressed country. Having graduated at an early age in the science of medicine, he acted on this occasion as an assistant surgeon, and with a multitude of the vanquished, he shortly after sought a refuge of virtue and a home of freedom in the wilderness of America.

ginia, in drilling and organizing the raw and illformed masses of men, who under the varied names of sons of Liberty, minute men, volunteers and levies, presented the bulk without the order-the mob without the discipline of an army. To produce obedience and subordination among men who considered military discipline as a restraint on, personal liberty, and who had entered Landing in Pennsylvania, he remained there a into the war unpaid and unrestricted by command, short time. From thence he removed to Fre- was a severe and invidious task. The couragedericksburg in Virginia, where he married and the fortitude-the self-possession of Col. Mercer became highly distinguished for his skill and suc- quailed not to these adverse circumstances, and by cess as a practitioner of medicine. An unsub-the judicious exercise of mingled severity and dued enemy-merciless, treacherous and revenge- kindness, he soon succeeded in reducing a mutiful, hovered around the frontiers of Maryland, nous soldiery to complete submission. Tradition Pennsylvania and Virginia, repressing settle- has preserved the following anecdote, illustrating ments-murdering defenceless women and chil-in a striking manner, his characteristic promptidren, and frequently making inroads into the cul- tude and bravery. tivated and open country of the colonies. Joining Among the troops which arrived at Williamsthe army under Washington, which was collected burg, then the metropolis of Virginia, was a comfor the purpose of subduing the Indians, General pany of riflemen from beyond the mountains, Mercer, then holding the rank of captain, became commanded by Captain Gibson. A reckless inan actor in those wild, perilous, and spirit-stirring subordination, and a violent opposition to military scenes which characterized the Indian war of restraint, had gained for this corps the sarcastic 1755. In one of the engagements with this wily name of "Gibson's Lambs." They had not been foe he was wounded in the right wrist by a mus-long in camp before a mutiny arose among them, ket ball; and in the irregular warfare then prac-producing much excitement in the army, and tised, his company scattered and became separated alarming the inhabitants of the city. Freed from from him. Faint from loss of blood, and ex-all command, they roamed through the camp, hausted by fatigue, he was closely pursued by the threatening with instant death, any officer who savage foe, their thrilling war-whoop ringing should presume to exercise authority over them. through the forest, and stimulating to redoubled In the height of the rebellion, an officer was desenergy the footsteps of their devoted victim. patched with the alarming tidings to the quarters Fortunately the hollow trunk of a large tree pre-of Col. Mercer. The citizens of the town vainly sented itself. In a moment he concealed himself implored him not to risk his life and person amid in it, and though his pursuers reached the spot and this infuriated mob. Reckless of personal safety, seated themselves around him, he yet miraculously he instantly repaired to the barracks of the muescaped! Leaving his place of refuge, he sought tinous band, and directing a general parade of the the abodes of civilization, through a trackless wild troops, he ordered Gibson's company to be drawn of more than one hundred miles in extent, and up as offenders and violaters of law, and to be disafter supporting life on roots and the body of a rat-armed in his presence. The ringleaders were tlesnake, which he encountered and killed, he placed under a strong guard, and in the presence finally reached Fort Cumberland in safety. For his gallantry and military skill in this war, proved in a distinguished degree, by the destruction of the Indian settlement at Kittaning, Pennsylvania, the Corporation of Philadelphia presented to him an honorable and appropriate medal.

of the whole army, he addressed the offenders in an eloquent and feeling manner-impressing on them their duties as citizen-soldiers, and the certainty of death if they continued to disobey their officers, and remained in that mutinous spiritequally disgraceful to them, and hazardous to the The commencement of the American Revolu- sacred interests they had marched to defend. Distion found him in the midst of an extensive medi-order was instanly checked, and after a short concal practice, surrounded by affectionate friends, finement, those under imprisonment were released, and enjoying in the bosom of a happy family all and the whole company were ever after as exemthe comforts of social life. Stimulated to action plary in their deportment and conduct as any by a lofty spirit of patriotism, he broke from the troops in the army.

A similar incident in the life of Germanicus, recrossed the river, having lost but nine of his must recall to the memory of the classical reader men. the imperishable page of the Annals, and he will This bold and masterly stroke awoke Cornwalfind the glowing panegyric of Tacitus applying lis from his dream of conquest, and leaving New with redoubled force to the character of Col. York, he returned with an additional force, and Mercer. In the one case the legions of Panno- concentrated his troops at Princeton. A portion niæ, on the death of Augustus, revolted for the of Pennsylvanian militia now joined the standard sake of plunder, and the army of Germany of Washington, and having persuaded the New which joined them, were inspired by the double England troops to serve six months longer, he motives of revolution and pillage. The virtue of again crossed the Delaware, and took post at Germanicus refused a crown stained with treason, Trenton. and he was forced to suppress the rebellion by means degrading to the soldier, and disgraceful to the patriot. He addressed the hearts of an army composed of the refuse of Rome, in the language of sympathy and compliment, and the honor of the soldier did not blush at the cowardice of a largess. Col. Mercer appealed to the sense and patriotism of his rebellious soldiers-to the holy cause in which they were engaged; and while he awakened their remorse by his passionate elo-design of abandoning the Delaware, and marchquence, he asserted and maintained the supremacy of the laws.

On the morning of the second of January, 1777, the enemy advanced to attack the American army. On their approach, Gen. Washington prudently retired across a creek which runs through the town, and then drew up his troops. The fords being guarded, the enemy could not pass, and halting, a brisk cannonade was kept up with great spirit by both sides until night. In this critical situation, Gen. Washington conceived the bold

ing silently in the night along the left flank of the enemy into their rear at Princeton. The plan was Colonel Mercer now joined the continental instantly approved by a council of war, and as army, Congress having conferred on him the rank soon as it was dark the baggage was removed to of Brigadier General; and throughout the whole Burlington. About one o'clock, on the morning of the stormy and disastrous campaign of 1776, he of the third of January, the gallant band—its van was a bold, fearless and efficient officer. The led by General Mercer, decamped, and silently fatal conflict at Long Island-the capitulation at threaded its circuitous march along the left flank Fort Washington, and the evacuation of Fort of its exulting foe. Reaching Princeton about Lee, were the painful preludes to the disastrous sunrise, General Mercer encountered three British retreat of the American army. From Bruns- regiments, who had encamped there on the prewick, through Princeton, to Trenton, our ragged vious night, and who were leaving the town to and suffering army was driven by a powerful and join the rear of their troops at Maidenhead. A exulting foe, until it was forced to cross the Dela- fierce and desperate conflict immediately ensued. ware in search of an uncertain refuge in Penn- The American militia, constituting the front, sylvania. Dispirited by defeat, and disheartened hesitated, became confused and soon gave way, by abject want, desertion daily thinned the feeble while the few regulars in the rear could not check ranks of the patriot army, and in that darkest the dastardly retreat. Ere the fortune of the day hour of our history the proclamation of General was changed, and ere victory perched on the paHowe, offering a free pardon, scattered far and triot standard, the heroic Mercer fell. Rushing wide the leprosy of treason. In vain did the forward to rally his broken troops, and stimulating commander-in-chief implore the assistance of the them by his voice and example, his horse was New Jersey and Pennsylvanian militia. Terrified shot from under him, and he fell dangerously or desponding, they refused all aid, and cautiously wounded among the columns of the advancing withdrew from an army now rapidly approaching enemy. Being thus dismounted, he was instantly the verge of destruction. Flushed with victory, surrounded by a party of British soldiers, with the enemy rioted on the plunder of the country, whom, when they refused him quarter, he fought and calmly awaited the extinction of its humbled desperately with his drawn sword until he was comfoe. The genius of Washington arose above these pletely overpowered. Excited to brutality by the accumulated misfortunes. He could no longer gallantry of his resistance, they stabbed him with repress the fatal disease of desertion and treason, their bayonets in seven different parts of his body, which was fast reducing his army to a skeleton. inflicted many blows on his head with the buttThe torrent of illfortune threatening to overwhelm ends of their muskets, and did not cease their his country, must be rolled back on the enemy, butchery until they believed him to be a crushed and he resolved to hazard one desperate effort for and mangled corpse. Nine days after the battle he victory. On the night of the 25th December, died in the arms of Major Geo. Lewis of the army, 1776, he crossed the Delaware at Trenton-sur-the nephew of General Washington, whom the prised a body of Hessians stationed there-took uncle had commissioned to watch over the last nearly nine hundred prisoners, and immediately moments of his expiring friend. His latter hours

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