Burr's nomination, however, was not solely due to his labors at this election, but in part also to his subsequent address. The importance of New York made it desirable to select the candidate for the Vice-Presidency from that State. A caucus of the Republican members of Congress directed Mr. Gallatin to ascertain who would be the most acceptable candidate. He wrote to Commodore Nicholson, asking him to discover the sentiments of the leading men in the State. The names of Livingston, George Clinton, and Burr had been suggested. Livingston was deaf, and Nicholson is said to have determined to recommend Clinton. Burr, however, saw him afterwards, and persuaded him to substitute his name instead of Clinton's in the letter which he had prepared to send to Philadelphia. Col. Burr was accordingly placed upon the Republican ticket. The tie vote between Jefferson and Burr, which unexpectedly occurred in the Electoral College, has given rise to the assertion that Burr endeavored to defeat Jefferson and secure his own election. Mr. Parton devotes a chapter to the refutation of this charge, but does not succeed in making a very strong argument. The evidence of Burr's treachery, is as positive as from the nature of the case it can be. Of course, he made no open pledges; it was unnecessary, and it would have been impolitic to do so. The main fact cannot be denied, that for several weeks before and after the election went to the House of Representatives, Burr was openly supported by the Federalists in opposition to Jefferson. Burr knew it; everybody knew it. Why was this support given? It will require plain proof to satisfy any one who is familiar with the motives of political action, that a party would have so earnestly advocated the election of any man without good reason to suppose that he would make an adequate return for its support. There was but one course which Burr, in honor, could take; he should have peremptorily refused to permit his name to be used. A word from him would have ended the matter; but that word was not spoken. The evidence on the other side consists of some statements made several years after, by parties concerned, which are by no means so direct and unequivocal as might be wished,--and of a series of depositions taken in some lawsuits instituted by Col. Burr to investigate the truth of this charge. One circumstance, which seems to have escaped the notice of our biographer, casts suspicion upon all these documents. Burr applied to Samuel Smith, a United States Senator from Maryland, for his testimony. Smith gives the following account of the transaction:--"Col. Burr called on me. I told him that I had written my deposition, and would have a fair copy made of it. He said, 'Trust it to me and I will get Mr. ---- to copy it.' I did so, and, on his returning it to me, _I found words not mine interpolated in the copy_." It is not worth while to discuss a defence which was made out by forgery.