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Lot #174
Aaron Burr

“The fraud which was practiced on the Legislature in obtaining the act of 1786 is undeniable”

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Description

“The fraud which was practiced on the Legislature in obtaining the act of 1786 is undeniable”

ALS signed “A. Burr,” one page both sides, 8 x 12.75, no date. Letter to Martha Bradstreet. In full: “I do intreat, my dear friend, that you would never again transmit a letter of business by any other conveyance than the Mail-- only see the Consequences, your letter of the 12th inst. came in at a late hour this afternoon -- Dr Johnson was here at the moment -- We (he & I) are studying Electricity -- If the letter & memorials had been sent by Mail, I should have received them on Thursday Morning and you would have my reply at this moment & the cost would have been exactly twenty five cents whereas the delay has cost at least fifteen dollars -- and thus I have suffered more than Ten dollars worth of vexation & you will suffer at least half as much more; and now it is too late to do or say anything from your letter, it is clear that the report might have been made on Tuesday or Wednesday last -- It is passing strange to me that any learned Man should suppose that the Chancellor had power or if he had, that he would have the courage to attempt to vacate a grant made by the Legislature -- no such power has even been exercised or claimed by any chancellor of this state -- But, in your particular case I, myself, asked the chancellor, more than a year ago, whether he would exercize [sic] such a Jurisdiction & he declared that he would not unless the Legislature should by an Act or Resolution require him to take cognizance of the question as if the act of 5 May 1786 had not been passed -- in which case he would cheerfully take cognizance of the subject -- If therefore it should be asserted that the Chancellor has power to give you, you may confidently expect that the Chancellor thinks otherwise -- yet if the Legislature (that is, a majority of each house) should nevertheless be of opinion that the Chancellor has the power, let them declare so by an Act or Resolution --- But in my opinion, no court even thus authorized can now do you Justice -- To give you the Land against the claims of those who have purchased, improved & settled under the Law -- This would be hard, perhaps even wrong -- If however they should be thus disposed and the Land be awarded to you, they would then apply to the Legislature for indemnity and their claim would not be resisted with Reason -- It is better therefore that the Legislature should at once do you justice, especially as your claim would not be so large as that of the Settlers who may be turned out -- The fraud which was practiced on the Legislature in obtaining the act of 1786 is undeniable -- You have been robbed of your property by arbitrary power & if that act has been passed subsequently to the adoption of the Constitution of the U.S. the lowest Court of Record in the state as well as the highest would have the power to declare it void -- The Reasons in your favor are the same, but no tribunal save the Legislature is competent to afford relief -- If Mr Walton or any of his advocates in or out of the Legislature should question your right, independently of that act, let the chancellor or the supreme court be soon required to direct an...to try that question & to report the result to the next Legislature -- This is, in my opinion, all that ought to be referred to any judicial tribunal --- This letter was commenced on Saturday evening -- It is now Sunday P.M. 18 Mar. -- My first intention was to have put on the other leaf separately all that related to you business; but time, owing to extraordinary interruptions, has not been permitted, nor on further reflection does there appear to be any utility in that form of communication -- If the Navigation should be open, I shall take passage in the Steam boat of Saturday next for Albany, where I shall hope to find you on my arrival -- your devoted friend”. Second page bears an integral address panel filled out in Burr’s hand to Bradstreet in Albany In very good condition, with a few small separations to body along intersecting mailing folds, mild toning, partial separation along binding, and some paper loss and tape repairs to reverse of second integral page. RRAuction COA.

Auction Info

  • Auction Title:
  • Dates: #346 - Ended June 17, 2009