Jefferson and himself. A commission was accordingly
taken out, and, on the 3d of April, 1806, Mr. Bayard and Mr. Smith
were examined. No use, however, was made of these depositions until
December, 1830, being a period of nearly twenty-five years.
On the publication of Mr. Jefferson's writings, the sons of the late
James A. Bayard felt that the memory of their father had been
wrongfully and unjustly assailed in two paragraphs in the fourth
volume of this work. The first of these paragraphs, on the 28th of
January, 1830, was read in the United States Senate by the Hon. Mr.
Clayton, of Delaware, General Samuel Smith and Edward Livingston both
being members of the Senate and present. He read the following:
"_February 12, 1801_. Edward Livingston tells me that Bayard applied
to-day or last night to General Samuel Smith, and represented to him
the expediency of coming over to the states who vote for Burr; that
there was nothing in the way of appointment which he might not
command, and particularly mentioned the secretaryship of the navy.
Smith asked him if he was authorized to make the offer. He said he was
authorized. Smith told this to Livingston and W. C. Nicholas, who
confirms it to me," &c.
Mr. Clayton then called upon the senator from Maryland (Mr. Smith) and
the senator from Louisiana (Mr. Livingston) to disprove the statement
here made by Mr.
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