On the
19th, when the nomination was called up for consideration, Mr. Burr
offered the following resolutions--
"_Resolved_, That any communications to be made to the court of Great
Britain may be made through our minister now at that court with equal
facility and effect, and at much less expense, than by an envoy
extraordinary; and that such an appointment is at present inexpedient
and unnecessary:
"That to permit judges of the Supreme Court to hold, at the same time,
any other office or employment emanating from, and holden at the
pleasure of, the executive, is contrary to the spirit of the
constitution; and, as tending to expose them to the influence of the
executive, is mischievous and impolitic." Ays 10, nays 17.
The nomination was then confirmed by a vote of 18 to 8, Mr. Burr
voting in the negative. This vote, it was understood at the time, gave
pain to Mr. Jay. In a letter to his lady, dated the 20th of April, the
judge says--"Yesterday the Senate approved of the nomination by a
great majority. _Mr. Burr was among the few who opposed it_."
About this period the democratic party were highly incensed against
the president for continuing Gouverneur Morris as a minister to the
French Republic. The Executive Provisory Council had requested his
recall. He was considered a monarchist, and hostile to the revolution.
Many of the opposition senators had spoken with great freedom of the
policy of General Washington in this particular.
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