An engagement of business to-day and this evening with Yates, prevents me preparing for Carlos as I expected.

A. BURR.

Footnotes:

1. The lady of the Hon. Stephen Van Rensselaer

2. The sons of Mrs. Prevost, Frederick and John B. The latter was Judge Prevost, of Louisiana. Mrs. Prevost was unable to expend such a sum on these young gentlemen. it was a means adopted by Colonel Burr delicately to a.s.sist, from his own purse, a desponding son of science.

Similar instances of his liberality, in the course of his life, were numerous.

3. A negro boy belonging to Colonel Burr.

CHAPTER XIV.

In the autumn of 1781, as may be seen by the preceding correspondence, Colonel Burr was in Albany, preparing himself for admission to the bar. Judge Yates rendered him essential service on the occasion. His friendship and kindness were appreciated, and gratefully recollected.

At that time Chief-justice Richard Morris, Robert Yates, and John Sloss Hobart composed the bench of the Supreme Court of the State of New-York. All these gentlemen were friendly to Burr, and treated him with the utmost courtesy; but for Judge Yates he entertained, during the continuance of his life, the most profound respect and veneration.

By the rules of the court it was required that candidates for admission should have pursued a course of legal studies not less than three years previous to presenting themselves for examination. Colonel Burr applied to the court to dispense with this rule in his case. The application was opposed with great zeal by all the members of the bar; and, as no counsellor would make the necessary motion on the subject, Burr was not only compelled to do it himself, but to argue the question with the ablest of the profession.

After hearing the argument, the court determined that, as he had been employed in the service of his country, when he might, under other circ.u.mstances, have been a law-student, they would dispense with the rigour of the rule so far as it applied to the period of study; but that no indulgence would be granted in reference to the necessary qualifications. In pursuance of this decision he underwent a severe and critical examination by some of the most eminent members of the bar, who were anxious for his rejection. The examination, however, resulted in a triumphant admission that the candidate was duly qualified to practise; and he was accordingly licensed as an attorney, on the 19th day of January, 1782. And at "a supreme court of judicature, held for the State of New-York, at the City Hall of the city of Albany, on the 17th day of April, 1782, Aaron Burr having, on examination, been found of competent ability and learning to practise as counsellor," it was ordered that he be accordingly admitted.

Soon after Colonel Burr commenced the practice of law in the city of Albany, he invited his friend and brother soldier, Major W. Popham, to join him, and pursue a course of legal studies. This invitation was given with his accustomed kindness. About the period of Burr's marriage, Major Popham replies.

FROM MAJOR W. POPHAM [1]

Fishkill, August 16th, 1782

Yesterday I was accidentally favoured with your friendly letter of the 3d of May, from Litchfield, which was peculiarly agreeable, as it contained the first official accounts I have had of you since my leaving Albany, and dispelled a train of gloomy reflections which your supposed long silence had suggested.

The approbation you have given of my conduct, in an affair in which you have so generously interested yourself, is very flattering. A detail of the circ.u.mstances which rendered it necessary to postpone the prosecution of my intended plan, would be too prolix for the subject of a letter. They would not present one pleasing reflection; and I love you too well to give you pain. Suspend, therefore, your curiosity and your opinion, until the duties of the field permit me to see you, when you shall be satisfied.

I hope the alterations you have made in your plan of life may equal your most sanguine wishes. I am pleased that you have taken a house in Albany, and sincerely congratulate you on an event that promises you so much happiness. May you long enjoy all the blessings which can flow from that happy state, for which Heaven has so remarkably designed you.

But why am I requested to "_say nothing about obligations_," while you continue to load me with new ones? Or, why should I be denied the common privilege of every liberal mind, that of acknowledging the obligation which I have not the power of cancelling? Yes, my friend, your generous offer claims my warmest thanks; but the very principle which excites my grat.i.tude forbids me to accept it. Dr. L informs me you have written twice to me. One of the letters is lost. Will you speedily supply the deficiency? If you can spare an hour from business, retirement, or love, let me entreat you to devote it to your friend. I cannot tell you how much I long to hear from you. Adieu.

Yours sincerely,

W. POPHAM.

To Mrs. Prevost.

Albany, December 23d, 1781.

My dear Theodosia is now happy by the arrival of Carlos. This was not wishing you a happy Christmas, but actually making it so. Let all our compliments be henceforth practical. The language of the world sounds fulsome to tastes refined by the sweets of affection.

I see mingle in the transports of the evening the frantic little Bartow. [2] Too eager to embrace the bliss he has in prospect; frustrating his own purposes by inconsiderate haste; misplacing every thing, and undoing what he meant to do. It will only confuse you.

Nothing better can be done than to tie him, in order to expedite his own business. That you might not be cheerful alone, I have obeyed the orders of your heart (for you cannot, even at this distance, conceal them) by a determination to take a social, friendly supper with Van Rensselaer.

You wrote me too much by Dom. I hope it was not from a fear that I should be dissatisfied with less. It is, I confess, rather singular to find fault with the quant.i.ty, when matter and manner are so delightful. You must, however, deal less in sentiments and more in ideas. Indeed, in the letter in answer to my last, you will need to be particularly attentive to this injunction. I think constantly of the approaching change in our affairs, and what it demands. Do not let us, like children, be so taken with the prospect as to lose sight of the means.

Remember to write me facts and ideas, and don't torment me with compliments, or yourself with sentiments to which I am already no stranger. Write but little, and very little at once. I do not know for what reason, Theodosia, but I cannot feel my usual anxiety about your health, though I know you to be ill, and dangerously so. One reason is, that I have more belief in your attention to yourself.

Your idea about the water was most delightful. It kept me awake a whole night, and led to a train of thoughts and sensations which cannot be described. Indeed, the whole of your letter was marked with a degree of confidence and reliance which augurs every thing that is good. The French letter was truly elegant, as also that enclosed in compliance with my request.

If Reeves has received the money upon the order I gave him, he may send me by Carlos about twenty-five guineas, if he can spare so much of it. I am in no present want.

Pardon me for not answering your last. My mind is so engrossed by new views and expectations, that I cannot disengage it. I have not, these five days past, slept more than _two hours_ a night, and yet feel refreshed and well. Your presentiments of my illness on a certain evening were wide from truth: believe me, you have no talent that way.

Leave it to others.

I think, if you keep Carlos two nights, it will serve; but keep him longer rather than fatigue yourself. Adieu.

A. BURR.

On the 2d of July, 1782, Colonel Burr was married to Mrs. Theodosia Prevost. In April preceding he had entered into the practice of the law in the city of Albany. His attention to business was unremitted.

In consequence, he soon found himself crowded with clients from every quarter of the state. During his residence in Albany, his mind was exclusively engrossed with his profession and his family. In the education of Mrs. Burr's children by her first husband he took a deep interest. Neither labour nor expense was regarded. It was his wish that they should be accomplished, as well as educated men.

The preliminary treaty of peace having been signed, Colonel Burr resolved to remove his family to the city of New-York so soon as the British should evacuate it. Here he antic.i.p.ated (and in this he was not disappointed) an extensive practice. On the 20th of November, 1781, the legislature of the State of New-York pa.s.sed an act disqualifying from practice, in the courts of the state, all "attorneys, solicitors, and counsellors at law," who could not produce satisfactory certificates, showing their attachment and devotion to the whig cause during the then pending war with Great Britain. This act was in full force at the peace of 1783, and remained so, without any attempt to modify it, until March, 1785, when a bill was introduced into the legislature to repeal certain sections of it, so far as they operated upon individuals therein named. The bill was lost. But, on the 4th of April, 1786, the restriction thus imposed on the tory lawyers was removed by an act of the legislature.

The law of 1781, previous to its repeal, had operated most favourably for the Whig lawyers. Those of talents and standing, such as Colonel Burr and others, had obtained a run of business which enabled them to compete with the most profound of their tory rivals.

It was supposed that the British troops would evacuate the city of New-York in the spring or early in the summer of 1783; but they remained until the 25th of November of that year. Colonel Burr applied to his friend, Thomas Bartow, to procure him a house for the accommodation of his family, which he accordingly did.

FROM MR. BARTOW.

New-York, April 16th, 1783

DEAR SIR,

I received your agreeable favour a few days ago, and am happy to congratulate you on the establishment of a peace: hope I shall soon have the pleasure of seeing you in town. I have procured you a good house in Maiden-lane, at the rate of two hundred pounds a year. The rent to commence when the troops leave the city. Doctor Brown can inform you more particulars about it, as he went with me to view it.

Before I engaged this house, I consulted Mrs. Clark She proposed her house in Broadway, but could not get the tenant out, so that she gave her consent to this.

Very respectfully yours,

THOMAS BARTOW.