"In a Choice of Evils...

Jefferson Is in Every View Less Dangerous than Burr": Alexander

Hamilton to Harrison Gray Otis on the Deadlocked Presidential Election of 1800
Author(s): Herbert Sloan
Source: OAH Magazine of History, Vol. 18, No. 5, Vietnam (Oct., 2004), pp. 53-57
Published by: Oxford University Press on behalf of Organization of American Historians
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Teaching American History With Documents

From the Gilder Lehrman Collection

a Choice

"In

of
Less

View

Every
Alexander

December of 1800, itwas clear that the presidential election

of that year had resulted in a tie between the two Democratic
Republicans, Aaron Burr and Thomas Jefferson (1). It should
not have turned out thatway, of course, but then the founders had not
foreseen the rise of political parties and the effects that development
would have on the operations of the electoral college. As that body was
created at the Philadelphia convention of 1787, each elector had two
votes to cast and had to cast his votes for different individuals. The
candidate receiving the highest number of electoral votes would
become president; the candidate with the second highest number
would become vice president. (Only after the adoption of the Twelfth
Amendment in 1804 did electors vote separately and specifically for

By

vice

and

a tie vote

president.)
two
between

Once
candidates

entered
parties
of the same

the

picture,
could be

party

avoided only if one elector in effect threw away one of his two votes and
so allowed the individual his party wanted to elect president to come
out ahead.

For a variety

electors followed
between
presidential
presidential

none

of reasons,

of the Democratic

Republican

this strategy in 1800, and the result was

Jefferson
candidate

and

Burr?Jefferson
and Burr who was

candidate.

With

who

just
two men

these

of

Election

Herbert

though,

was
as

Otis

Gray

Deadlocked

Presidential

president

Burr":

than

to Harrison

the

in

is

Jefferson

Dangerous

Hamilton
on

...

Evils

the tie

the

party's
clearly
vice
the party's
clearly
tied,

unexpectedly

then,

1800

Sloan
to preserving

amenable

Jefferson?policies
Federalist

the

sort

Hamilton,

Harrison

Otis,

Gray

of policies

Federalists

wanted

than

too, had inmind when he suggested to

in this

letter

of December

23,1800,

the

of sounding out Jefferson on the three cardinal points of

wisdom

and
credit,
neutrality,
public
were
other Federalists
willing

But unlike
the navy.
Hamilton,
many
on Burr in part because
to take a chance

that what would be a perfectly legitimate vote for

they understood

Constitution

the clear will of

said nothing
about endorsing
and so save the country
from
make
him president
the people?might
a fate many
to be contemplated,
too
the
election
of them
grim
thought

Burr?the

of that atheistical francophile radical, Thomas

That
gressman
Alexander

mode

was

what
very much
from Massachusetts,
on

Hamilton

had

December

Jefferson.

a Federalist
con
Gray Otis,
to
in mind
when
he wrote

Harrison

17,

1800,

this casualty?"
derived
from

"We are

inclined

it," he

"but
suggested,
Burr." Hamilton,

to believe

take advantage of

that some
few

of

"in what

him

asking

shall the friends of the federal government

advantage
a
have

us

on the other hand,

with Mr.
acquaintance
with
and
and personal
these men
"local situation
acquaintance
on a
was
in a position
"to give an opinion
State of parties,"
subject

which all the friends to the country have a common

be

may

personal
from his
the
in

interest" (2).

Article Two of the Constitution directed that the election now go to the
House

of Representatives,

where

each

state

would

delegation

have

one vote to cast and would have to cast that vote for either of the top
two vote-getters in the Electoral College, that is, for Burr or Jefferson.
It was

a situation

tailor-made

for maneuver

and

all

intrigue,

the

more so because Burr did not do what Jefferson thought he should

do?he did not make it clear that the presidency automatically be
longed to Jefferson and that he, Burr, would not accept it if elected.
There

were,

however,

good many

Federalists

more

than

ready

to fish

in these troubled waters by seeing what sorts of deals they might be

able to cut with one or the other of the Democratic Republican
candidates.

Perhaps,

many

of

them

thought,

Burr

would

The Gilder

Lehrman

Collection,

on

deposit

at the New-York

Historical Society in New York City, holds more than

60,000 documents detailing the political and social history
of the United

States.

For

information

on

the collection

and

the educational programs and publications of the Gilder

Lehrman

Institute

of American

History,

visit

us online

call 646-366-9666,
<http://www.gilderlehrman.org/>,
write to us at: 19W. 44th St., Ste. 500, New York, NY

at
or

10036.

be more

OAH Magazine of History

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October 2004

53

Alexander
had

erratic

whose

Hamilton,

one

been

causes

of several

behavior

series

the election
during
knew
Jefferson

of John Adams's

defeat,

cabinet from 1790 to the

(they had been colleagues inWashington's
end of 1793), and he also knew Burr (theywere longstanding rivals in
New York's legal and political circles). Convinced that Jefferson was
the less dangerous of the two, Hamilton now did everything in his
to
persuade
after
letter

power
letter
found

his

fellow

Burr was

Jefferson,

not

Federalists

to convince

them
a thousand

a wonderful

the House

of

that Otis exercised a powerful

his utter

made

out

Burr

as clear

knew

sure

would

be.

that Otis

understood

just how

Accordingly,
as he
could.
possibly

Jonathan

theologian,

Edwards),

of easy

and

fortune,"

so,

given what
Hamilton?

Ironically,
finances,

assures Otis that

at least

on

that

score,

end,

won
ballots,
Jefferson
thirty-six
on
Hamilton's
February
17,1801.

after

the

contested
seems

letter

to have played little part in influencing the outcome?Otis

and the
Massachusetts delegation voted for Burr through the final ballot?but
it does point us in the direction of the fatal encounter some three and
a half

itmakes

and

later,

years

it clear

that

there was

nothing

sudden

about Hamilton's hatred for Burr.

Endnotes

is particularly interesting about this letter, I think, is the

Hamilton
makes in his appeal toOtis. Note that he does not
argument
Burr
that
for
rather than Jefferson would frustrate the will
say
voting
What

was

of

the majority?that
but itwas not
make,

one

an argument
would
Jefferson's
supporters
to Federalists
at this point.
that came naturally

Rather, he argues that it is their patriotic duty to prefer Jefferson over

Burr, for Burr, who is all too evidently unworthy of occupying the
presidential chair, would endanger the liberties of America. This is
he

true,

especially
tune, aman

whose

emphasizes,
instinct

every

Burr

is a man

lead him

to use

because
would

without

a reader

In fact,

like

in

Harvard

College
would
education,
Burr as a modern

Otis,

so was

and

1783

was

that Hamilton

recognize
Cataline.

was

Cataline

Roman Republic memorably

painting

the

Alexander
This

letter

December

from
23,

Alexander

1800,

can

easily

Guide

classical
of
the

against

to the Gilder

incorporated

into

Otis,
Gray
three distinct

Gray Otis,

1800?

Students
and

Amendment.
a crisis

worthwhile
by

will
show

review
the

Students

II, Section

Article

through
to which
the extent

changes
will
judge

and whether

1 of the U.S.

made

or not

the Twelfth

An
application
change.
the election
of 2000.

can

the
this

to

Jefferson's
Federalists.

3) The
inevitable?

election
was
the

crisis

language

54 OAH Magazine of History

cited

later.

was

23,1800

actual
Jefferson's
of
Federalist
points
credit,
would

election

was

as
president
as enumerated

policies

and

the

three

by Hamilton:
this lesson
the

policy
the navy. Within
be that the most
revolutionary
its acceptance
by Hamilton
and

duel:

Hamilton-Burr
Using
used

Hamilton's
in

that

Applications
during

can
recent

of
aspect
and
the

the Hamilton-Burr

description
students

be

can

October 2004

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All use subject to JSTOR Terms and Conditions

of Burr,
will

duel

and noting
the
an under
gain

led to the fatal duel four years

developed
elections.

the "Revo

Students

Was

portrayal,

standing of the animosity which

paigning

"Revolution
of 1800": How
2) The
revolutionary
lution of 1800" and the election
of Thomas
Jefferson?

Hamilton

Consti
Twelfth

Amendment

be made

of Alexander

document:

December

neutrality,
public
conclusion
major

1)The Twelfth Amendment to the U.S. Constitution: To what

extent was the Twelfth Amendment a direct result of the election of

created

Collection

compare
essential

lessons.

tution

of The Papers

in the

note.

Herbert Sloan is theAnn Whitney Olin Professor ofHistory at Barnard

College, Columbia University. His interests are in theAmerican founding,
and he has written on both Thomas Jefferson and Alexander Hamilton.
Among his publications is Principle and Interest: Thomas Jefferson and
the Problem of Debt (1995).

Lehrman

to Harrison

Hamilton
to Harrison

Hamilton
be

at

class

a picture

conspirator

Teachers'

see the volume

3. For these,
previous

by Cicero in 63 BCE in a

denounced

the contributions
Press, 2002),
especially
by James E. Lewis Jr.,
Virginia
and Joanne B. Freeman.
Jack N. Rakove,
2. Harrison
in Harold
December
Hamilton,
Gray Otis to Alexander
17,1800,
C. Syrett, ed., The Papers of Alexander
Hamilton,
27 vol. (New York:
XXV: 259.
Columbia
Press,
University
1961-1987),

the presidency

in his
first
graduated
a man
a sound
with

who

i. For thorough
consideration
of the contested
election of 1800, see the essays
in James Horn,
Jan Lewis, and Peter S. Onuf, eds., The Revolution of 1800:
VA: University
of
Race, and the New Republic (Charlottesville,
Democracy,

for

to supply that deficiency.

was

Burr,

a course

such

dangerous

is "a man

in the House

election

Horrified that his fellow Federalists would entertain, even for a

moment, the idea of making Burr president, Hamilton did his best to
make

greatest

Aaron
Burr.
the unprincipled
and ruthless
state of Jefferson's
about the precarious

In the

Federalist

Hamilton

Like

nothing need be feared from him.

of

as well.

Federalists

of Burr

distrust

America's

know

Jefferson

influence on both the Bay State's

and on other

in the House

delegation
Hamilton

and

to memorize.

aman who would himself die deeply in debt?then

(3).

to keep
campaign
a
Massachusetts
leading

of Representatives,

was

grandfather

we

they

to have

used

schoolboys

Cataline had tried to seize power in order to enrich himself, and itwas
just this sort of behavior, Hamilton suggested, that was to be feared
from

writing

reply toOtis of December

of his

example
Otis was

Mansion.

and member

for Burr,
unpalatable

worse

times

The document printed here, Hamilton's

is
23,1800,
the Executive

to vote

however

that,

of speeches

man with a distinguished family background (Burr's father was a

president of the College of New Jersey [Princeton]; his maternal

to negative

political

cam

Transcription of a letter from Alexander Hamilton

to Harrison Cray Otis, December

23,1800.

N York
Dr

Deer.

23.1800

Sir,

I lose no time in replying to your letter of the 17?this day received.

My opinion is, after mature reflection, that if lefferson and Burr come with equal votes to the House of Representatives, the former ought
to be preferred by the [struck:House of Representatives] Federalists. Mr. Jefferson is respectably known in Europe?Mr. Burr little and that little
not

advantageously
unless

redemption,

for
by

a President
a
is aman
of the U States?Mr.
of easy fortune.?Mr.
Burr, as I believe,
Jefferson
[struck: the]
bankrupt
beyond
some
are such
at any rate?Mr.
of the public
and his habits
of expence
that Wealth
he must
have
coup at the expense

Jefferson is aman of fair character for probity?Very different ideas are entertained of Mr. Burr by his enemies and what his friends think, you
may collect from this anecdote?A
lady said to Edward Livingston ironically "I am told Mr. Burr will be President [2] I should like it very well
if Ihad not [struck: been told] learned that he is aman without property?"Let him alone for that replied Edward?If he is President for four
years, he will remove the objection"?Mr.
Jefferson, though too revolutionary in his notions, is yet a lover of liberty and will be desirous of
Government?Mr.
Burr
loves nothing but himself?thinks
of nothing but his own aggrandisement?and
will be content
like
something
orderly
with nothing short of permanent power [struck, and] in his own hands?No
compact, that he should make with any [struck: other] passion in
his [struck, own] breast except [strikeout Ambition, could be relied upon by himself?How
then should we be able to rely upon any agreement
with him? Mr. Jefferson I suspect will not dare much. Mr. Burr will * [inserted inmargin: dare every thing in the sanguine hope of effecting
every thing?]
IfMr. Jefferson is likely from predilection for France to draw the Country intoWar on her side?Mr. Burr will certainly endeavour to do it
for the sake of creating the means of personal power and wealth. [3]
in respect towhose
This portrait is the result of long and attentive observation on a [strikeout]man with whom I am personally well?and
character I have had peculiar opportunities of forming a correct judgment.
a choice of Evils let them take the least?Jefferson
is
By no means, my Dear Sir, let the Federalists be responsible for his Elevation?In
in every

view

less

dangerous

than

Burr.

to seek some advantages from our situation. Itmay be adviseable tomake it [strikeout] a ground of exploration with
But we ought?still
Mr. Jefferson or his confidential friends and the means of obtaining from him some assurances of his future conduct. The three essential
points for us to secure is. 1The continuance of the neutral plan bonafide towards the belligerent powers 2 The preservation of the present
System of public credit. 3 The maintenance & gradual increase of our navy. Other matters may be left to take their chance.
While I have my pen in [4]hand, Iwill express some ideas to you about the Convention with France?I am far from approving several of
its features but I am clear that it ought now to be ratified having been negotiated & that the not doing of itwould ruin the Federal party, hazard
our internal tranquillity, and leave the
door
under

for
open
the new

a worse
arrangement
Administration.

One question will be whether this

Treaty is compatible with our [struck
Federal] engagements to Great Brit
ain. I hold it to be the better opinion
that it is. It seems to me that the
annulling of our Treaties with France
is a matter between her and us by
which another power ought, neither
to gain

nor

in terminating

lose?that

these differences we might have gone

back to the Status quo antebellum &
that no

|Bi^^B^B|Bf|^BBlj^B]IBB||^B|PBB

power

not

put

in worse

situa

tion than before would have a right to

complain.

Yrs with great afftn

A Hamilton
H.G.

The Capitol

when

first occupied

by Congress,

1800.

(Water Color

by William

Russel

Birch,

Otis.

Esq

1800.)

OAH Magazine of History

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October 2004

55

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The Gilder

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on deposit

at the New-York Historical

Society

in New York City,

holds

more than 60,000

documents

political
the

and

detailing

Gilder

Lehrman Institute

of American History,

visit

us online

at

cal
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34

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