This support of Judge Yates did not diminish Governor Clinton's confidence in the political integrity, or lessen his respect for the talents, of Colonel Burr. A few months after the election the governor tendered to him the office of attorney-general of the state. At first he hesitated about accepting the appointment; but, on the 25th of September, 1789, addressed his excellency as follows:--
In case the office you were pleased to propose should be offered to me, I have, upon reflection, determined to accept it; at least until it shall be known upon what establishment it will be placed. My hesitation arose not from any dislike to the office, but from the circumstances which I took the liberty to suggest in our conversation on this subject.
On the receipt of the above note, Governor Clinton nominated Colonel Burr to the council of appointment as attorney-general of the state, and the nomination was confirmed. This office was rather professional than political. It was, however, at the time, highly important, and imposed the most arduous duties upon the incumbent. Under the new constitution of the United States, after the organization of the government, many intricate questions arose. To discriminate between the claims upon the respective states and those upon the federal government, often required close investigation and no inconsiderable degree of legal astuteness. The claims of individuals who had been in the service of the state during the war of the revolution, or who had otherwise become creditors, were now presented for adjustment. There were no principles settled by which their justice or legality could be tested. All was chaos; and the legislature was about to be overwhelmed with petitions from every quarter for debts due, or for injuries alleged to have been sustained by individuals who had been compelled to receive depreciated money, or whose private property had been taken for public use. In this dilemma the legislature passed an act authorizing the appointment of commissioners to report on the subject. The commissioners were Gerard Bancker, treasurer, Peter T. Curtenius, state auditor, and Aaron Burr, attorney-general.
During the period that Colonel Burr was attorney-general, the seat of government was in the city of New-York. His official duties, therefore, seldom required his absence from home, when his private business, as a professional man, would not have rendered that absence necessary. His correspondence, although more limited, lost none of its interest, and miscellaneous selections from it are therefore continued.