Burr’s
first post military job was as a clerk for attorney Thomas Smith where
he established a reputation for excessive reading and study. After the
war ended in 1781 he passed the New York bar and opened a law office
in Albany.
When Burr
learned that Theodosia’s British husband had been killed six months
earlier, he waited for the appropriate time then asked her to marry
him.
In June of
the following year Theodosia gave birth to a girl. She had planned to
name it sally after Aaron’s sister but he insisted that she also be
named Theodosia. When baby Theodosia was only two weeks old Burr then
told his wife that he had plans for his daughter’s education. He
believed that a woman’s brain was equally as good as a man’s and
it was ridiculous to believe that women were in anyway intellectually
inferior to men. He wanted to be sure that his daughter had every
opportunity to develop her mind and talents.
Lured by
the growth and opportunity of the big city the Burrs then moved from
Albany to New York where they came in social contact with their new
neighbor Alexander Hamilton who had recently married the daughter of
General Philip Shuyler, a wealthy and influential member of Washington’s
staff.
It is
interesting to note that while Alexander Hamilton came from a common
background and had no claim to aristocratic heritage he favored a
conservative approach to democratic reforms with special privileges to
the upper class. Aaron Burr, who was born in to a known and respected
New England family, favored a democratic process which reflected the
will of the people, and rejected favoritism based on class status.
Burr had
taken up an interest in politics, and in 1784 was elected to the New
York legislature. A bill was introduced that would grant freedom to
children born of slave parents. Burr was completely opposed to slavery
so he added an amendment that would completely abolish slavery in New
York State. His amendment was defeated and the bill passed in its
original form, but Burr continued to sponsor bills and amendments
opposing slavery.
Theodosia’s
children from her previous marriage came from England to live with
them. They had a happy home and it was decorated with the kinds of
pictures, tapestries, porcelains, and sculptures that Burr had always
admired. But his wife had one complaint, too many books. Burr then
explained that there was no such thing as too many books. If the house
was full of books, they would buy another house.
In 1787 a
convention was held in Philadelphia to revise the articles of
confederation. But many delegates, including George Washington, said
the Articles were not worth amending. The problem now was finding a
new system of government to replace them. Aaron Burr, who had returned
to his private law practice, stayed out of the battle as Federalist
and Anti-Federalist fought over the ideas and plans for a new
government.
Burr
became attorney general for New York in 1789. Two years later he was
elected to the U.S. Senate having defeated Philip Shuyler . Alexander
Hamilton was establishing himself as one of America’s first
political bosses. He had hoped that his father in law, Philip Shuyler,
would join the Senate as one of the members loyal to the “Hamilton”
agenda. He was greatly disappointed when Burr was elected.
In 1791
Burr bought Richmond Hill, the house he worked in while serving with
Washington. He added with a smile, “There will be plenty of room for
books”. John Adams had been the homes previous occupant.
In 1792
Senator Burr was writing a history of the American Revolution. He
enjoyed visiting with Secretary of State Thomas Jefferson and
discussing Western expansion and settlements. Already over 200,000
people had settled along the Mississippi Valley.
Burr
stayed in touch with New York Republicans and was a member of the
Society of St. Tammany, later to be known as The Columbian order, and
then Tammany Hall. It was an outgrowth of the old Sons of Liberty. It
was composed largely of working class tradesmen and small farmers.
Hamilton
did not share Burr’s believe in the equal democracy of Tammany. He
thought it must be a corrupt organization driven by selfishness and
greed.
In 1794
Burr’s wife was gravely ill. He had Dr. Benjamin Rush of the
University of Pennsylvania, one of America’s most prominent
physicians, come to their home. But there was little he could do for
her, and she died on May 18th.
The
national election of 1796 pitted former friends and Revolutionary War
colleagues Thomas Jefferson and John Adams against each other in
America’s first truly contested Presidential election. Hamilton’s
forces worked hard to insure that Adams would defeat Jefferson since
Jefferson had been a major opponent of Hamilton’s policies. And in
New York Burr was defeated for reelection to the Senate, this time
losing to Philip Schuyler. The politicians supporting John Adams and
led by Alexander Hamilton were known as Federalist, and those that
supported Thomas Jefferson were known as Republicans. Although he lost
his Senate race, Aaron Burr a Republican was elected to the New York
state legislature.
In 1800
President Adams was renominated and Charles Cotesworth Pinckney was
selected to seek the office of Vice President. The Republicans
countered by nominating Vice President Jefferson and selected Aaron
Burr as their candidate for Vice President. During the election a
letter written by Hamilton, that was highly critical of Adams, fell in
to the hands of Aaron Burr. Burr distributed the letter to any paper
that would publish it hoping it would embarrass the Federalist and
show they were not united behind their candidate.
After the
election Thomas Jefferson was confident that he had won and wrote a
letter of congratulations to Aaron Burr on his election to Vice
Presidency. But when the votes of the electors were counted Jefferson
had 73, Burr had 73, Adams had 65, and Pickney had 64. Under the rules
of the Constitution the House of Representatives, which was dominated
by Federalist, would have to decide which Republican they wanted for
the Presidency. The House voted and re-voted and each time it was a
tie. Finally after 36 ballots two New York representatives were
persuaded to cast blank ballots, Jefferson would be President and Burr
would be Vice President.
The
election of 1800 was much closer than many people think. In John
Adams David McCullough wrote that John Adams lost New York city by
only 250 votes, and had it not been for the rule which allowed
Southern states to count slaves as 3/5ths of a person for the purposes
of congressional representation John Adams would have been reelected.
After
being sworn in President Jefferson made it quite clear that Vice
President Aaron Burr would not be welcomed at the White House. Burr
was excluded from all policy meetings.
We all
know Thomas Jefferson as the primary author of the Declaration of
Independence, the man who purchased the Louisiana Territory, and as
one of the large granite heads on Mt. Rushmore, and probably wonder
why Aaron Burr didn’t simply step aside and ask the House to elect
Jefferson to the presidency. But in 1800 just how popular was Thomas
Jefferson? What was the exact agreement Jefferson and Burr had made
before the election? Did Burr honestly believe that he and Jefferson
were equal competitors for the office of president, or did Burr
violate his part of the agreement by failing to act in support of
Jefferson during the election in the House?
During his
time as Vice President Burr proved to be a master parliamentarian and
earned the respect of the Senators for his skill and fairness. He had
hoped that the vice presidency would eventually lead to the presidency
as it had for Adams and Jefferson, but with Jefferson keeping him
locked out of all administration activities he knew he would have to
find political success elsewhere.
In 1804
Burr announced that he would be a candidate for Governor of New York.
Knowing that he would have no support from Jefferson’s Republicans
he ran as an independent candidate.
During the
election a smear campaign was started to discredit Aaron Burr. James
Cheetham’s American Citizen accused Burr of being a dishonest
lawyer, and a poor and incompetent soldier during the Revolution. The
most scathing attack was the accusation that he had been an unfaithful
and neglectful husband.
Burr
claimed that the accusations could not be proven, and certain that
Hamilton was behind the attacks demanded an apology. Hamilton defended
the attacks as no more than simple election banter and refused to
respond to Burrs accusations.
An
anonymous letter from “Aristides” was published in a
pamphlet. It attacked Burr’s enemies and defended Burr’s record
against the negative reports in the American Citizen. John
Cheetham’s paper would later have to retract and apologize for its
unproven accusations, but it was too late to change the election.
After the
election an angry Aaron Burr believed that had been unfairly maligned
and blamed Hamilton for his defeat. Burr decided that he and Hamilton
should settle their differences once and for all. He sent his personal
attaché to deliver a letter officially challenging Hamilton to a duel
and offered him his choice of weapons. Hamilton was all too familiar
with duels having lost his son to one only two years earlier. Despite
the best efforts of both men’s personal representatives the two
opponents met at Weehawken in New Jersey. Hamilton’s aide opened the
brace of pistols. Nothing was said; they gave the other the
traditional military salute and took their positions. They walked in
opposite directions, and when they heard the command they turned and
fired. The only people to witness the event were Burr, his aide,
Hamilton’s aide, and the doctor. It was reported that Hamilton’s
weapon fired first. As Hamilton fell to the ground Burr started
towards him, but his aide said, “No, it’s over”. They said
nothing as they passed the doctor. Hamilton died later that day.
What was
Burr thinking, or not thinking, when he pulled the trigger? How much
time had passed between Hamilton’s missed shot and Burr firing? Did
Burr know that Hamilton was standing before him unarmed or did he just
instinctively pull the trigger? Did he feel any remorse for having
wounded Hamilton?
Another
thing to consider is honor and parental responsibility. Aaron Burr’s
young daughter had already lost her mother. What would have been
better, A father who had the bravery to stand on the dueling field and
defend the honor of his family name even if it cost him his life, or a
father who would have put his life and well being above all else so he
could be alive to give his child all that she needed in the World?
New York
grieved for Hamilton. He was lauded in the papers, and thousands of
mourners dressed in black marched in funeral processions. In his
attempt to put an end to Hamilton’s “lies and deceit” had Burr
only succeeded in making him a martyr?
People
took up sides, some arguing that Burr and Hamilton were equal
participants in the duel, while others said that Hamilton had
intentionally missed and then Burr shot him in cold blood. Some
lawyers at the New York bar pointed out that Burr had been justified
when he demanded a public apology from Hamilton.
Aaron Burr
stayed in his home at Richmond Hill for eleven days. During this time
the paper which had been highly critical of Burr during the election,
renewed its attacks upon Burr. It said the Burr had target practiced
for weeks prior to the duel and gloated over the body of the dying
Hamilton.
A letter,
written by Hamilton, was found on his desk expressing his opposition
to dueling for religious and moral reasons. He had written that his
criticisms of Colonel Burr may have been too severe, but he had never
borne him any ill will. “… By throwing away my first shot and
reserving my second, I shall give him the opportunity to pause and
reconsider.”
Burr’s
defenders would later argue that if Burr had known of Hamilton’s
aversion to dueling he would have withdrawn the challenge. He had no
knowledge of Hamilton’s plan to “throw away” a first shot and
truly believed that they were both placing their lives in mortal
danger. So why was Burr being called a murderer?
Burr
traveled to the plantation home of his friend Senator Pierce Butler,
then traveled to Florida. As Vice President he was greeted as a
celebrity in the Southern towns, and they regarded the duel as an
honorable contest between two men.
Isn’t it
interesting that a man who had been opposed to slavery in New York
would find refuge in the Southern states?
When Burr
decided to return to the capitol his daughter begged him not to go
fearing that he would be arrested. He assured her that he would not be
arrested in Washington and that it was his duty to return and preside
over the senate.
When Burr
returned Supreme Court justice Samuel Chase was being tried for
treason. Burr’s legal and parliamentary skills maintained order and
fairness during the proceedings. Judge Chase was found not guilty.
When his
term as Vice President came to an end he made his farewell speech to
the Senate. Burr expressed his gratitude and appreciation. The Washington
Journal reported, “The Senators never listened to a better
speech”.
Burr then
traveled to Pittsburgh and took a boat down the Ohio River. He had a
plan to buy 350,000 acres at Bastrop strip on the Washita River in
Louisiana and make it available for settlers to start a new colony.
General
James Wilkinson had been Burr’s friend when they were together with
Benedict Arnold, and he was now the commander of the Federal forces in
the western Louisiana territory. Burr trusted Wilkinson with his plans
for a new colony and a possible war to liberate Mexico from Spain.
What Burr didn’t know was that Wilkinson had been working as a spy
for the Spanish government.
When Burr
stopped in Nashville Tennessee he met the state’s first Congressman,
Andrew Jackson. He was a Republican but he did not always agree with
President Jefferson. Burr was welcomed in Nashville with a parade and
a public banquet, and was a guest for three days at Jackson’s
Hermitage plantation.
During his
stay Burr, using information obtained from Wilkinson, told Jackson
that a war with Spain may be imminent. Jackson replied that the
Tennessee militia would be ready to fight the invaders.
After his
visit with Andrew Jackson Burr met again with Wilkinson to discuss
what would become of Mexico after its liberation from Spain. Burr
proposed that it would be annexed by the Union, but Wilkinson argued
that Mexico was ill prepared for democracy and would be better off
under the leadership of king.
A district
attorney in Kentucky, Joseph Hamilton Daveiss, had written letters to
Jefferson accusing Burr of planning a conspiracy that would cause the
western states to secede from the Union. Daveiss had admired Hamilton
and made “Hamilton” his middle name.
Burr and
his friends had recruited settlers and investors for the new colony
when he was served a summons to appear before the Grand Jury in
Frankfort Kentucky.
The
charges were dismissed at a first inquest, but Daveiss was able to
bring Burr back before the Grand Jury for a second time. Burrs defense
attorney was a young Kentucky lawyer Henry Clay. The case against Burr
collapsed and the people of Frankfort gave a party in Honor of Aaron
Burr.
While Burr
was enjoying his escape from the wrath District Attorney Daveiss, his
old “friend” Wilkinson was delivering letters to President
Jefferson. Jefferson issued a proclamation claiming that United States
citizens were committing an illegal act by collecting arms for a war
against the Spanish territories. He repeated the same warning in a
message to congress five days later.
Burr had
been brought before a court in Washington Mississippi. The Grand Jury
said there was no legal authority to hold Burr. The Judge disagreed
with Jury and wanted to hold Burr until more evidence could be
produced.
Fearing
that he would not receive a fair treatment Burr fled to the
Mississippi wilderness with his friend Chester Ashley. His only hope
was to find a port with a ship that would take him to Europe.
While
seeking food and drink the exhausted fugitive was spotted by an army
patrol. He was arrested and detained at Fort Stoddard.
Nicholas
Perkins, who had first identified Burr, volunteered to take him to
Washington D. C. where his was to stand trial for treason. Perkins’
was given $3,300.00 in reward money and hoped to receive more after
his party of eight guards and one prisoner finished their
thousand-mile trek.
Aaron Burr
was brought before the Federal District Court of Richmond Virginia.
The court had ruled that Burr was a civilian prisoner, not military
and did not have to face a court-martial.
As was the
rule of the day US Supreme Court Justices served on the lower courts
when needed. Chief Justice John Marshall had administered the Oath of
Office when Aaron Burr was sworn in as Vice President, now he would
preside over his indictment to stand trial for treason.
Burr was
released on $10,000 bail and stayed in a room at a Richmond tavern. He
wrote to his daughter Theodosia that the people of Richmond were very
kind to him, offering their support and inviting him to dinner.
When the
indictment started the newspaper reporters took their reserved seats,
including a young reporter from the New York Weekly Washington
Irving.
It took a
week for the attorneys to select the Grand Jury. Kentucky’s John
Randolph had excused himself but Burr stood up and personally appealed
to the Judge to let Randolph remain on the Jury even though he had
expressed the prejudgment that Burr was guilty of treason.
The
prosecutions chief witness, James Wilkins failed to appear. Burr
himself rose and argued that if the President had documents given him
by General James Wilkinson relevant to the case he should be ordered
to bring them to the court.
The
attorneys scrambled. Was it possible to subpoena the President of the
United States?
After a
heated debate Justice Marshall issued an order that a subpoena be
issued to Thomas Jefferson, President of the United States, for his
appearance in the District Court.
President
Jefferson refused to respond to the subpoena. He wrote, “The
Particular duties laid upon me by my office supercede the general law.”
When
Wilkinson finally arrived in the courtroom he gave four days of
testimony. In all of his recollections he was the hero, a brave loyal
American who had rescued the nation from the treachery of Aaron Burr.
Wilkinson
faced tough cross-examination and much of his testimony was dismissed
when he could produce no evidence to substantiate his claims. While
speaking to a crowd in Capitol Square Andrew Jackson argued that it
was Wilkinson who should be standing trial for treason because he had
been a pensioner of the Spanish.
John
Randolph announced that Aaron Burr was to be charged with treason
against the United States of America, and a misdemeanor for preparing
for a war against Spain.
Burr was
taken to the Richmond municipal jail. He wrote to his daughter in
South Carolina and said she could come to the trial only if could
remain strong and not show signs of weakness.
The
defendant, Aaron Burr, was confined to the home of his attorney Luther
martin during the trial. Justice Marshall appointed his wife’s
brother to be the jury foreman, which made observers say, “Coincidence?”
The trial was mostly a repeat of the testimony that had been given to
the Grand Jury.
When
attorney’s for both sides rested Justice Marshall gave his
instructions to the jury, “If proof of treason existed then he must
be convicted and condemned. If the charges of treason could not be
incontrovertibly proved, he must be acquitted and freed.”
The jury
took a surprisingly short time to reach a verdict. Jury foreman Edward
Carrington explained that Aaron Burr was not proved guilty by the
evidence presented in the indictment.
Was the
Jury implying that Burr was probably guilty but they just didn’t
have enough evidence to convict him? The defense protested, and
demanded that the verdict should be not
guilty.
Justice
Marshall made his decision, the verdict would stand on the bill as the
jury had presented it, but it would be recorded in the court record as
Not
Guilty.
Did the
prosecutors truly believe that they had a strong case against Burr or
were they only following the wishes of Thomas Jefferson? Would the
case have even come to trial if Burr had not killed Hamilton?
Even
though he had escaped conviction, Burr was convinced that Jefferson
would continue to press for future prosecutions. On June 7th
1808 the Clarissa Ann, a British ship set sail from the port of
New York with a passenger named mister E.H. Edwards. By chance,
William Hosack, the younger brother of Dr. David Hosack was also on
board. He had been at Weehawken to serve as Dr. Hosack’s assistant
and immediately recognized E.H. Edwards as Aaron Burr. By the time
they arrived in London Hosack and Burr had become well acquainted and
Hosack offered his services as a secretarty.
In London
Burr visited the homes of the diplomats with whom he was acquinted.
But the British, not wishing to alienate the American President,
refused to meet with Mr. Burr.
Burr was
enjoying his stay in England when he received news that his daughter
Theodosia was ill. He had wanted his daughter to join him in London
but the British were making it clear that Burr was a visiting alien
whose welcome was ending.
In 1810
Burr traveled to Scotland, and then to Sweden, Denmark, and France.
During his travels he met Sir Walter Scott in Edinburgh, and the
artist John Vanderlyn in Paris.
During
this time Theodosia was writing letters Dolly Madison. They had been
friends for a long time and now Theodosia was pleading with her to
intervene on behalf of her father.
When Aaron
Burr returned to England in 1812 he was suffering from lack of funds,
and showing sign of weight loss due to the lack of a proper diet.
Fortunately he was able to get some much needed financial help from an
traveling American Banker that he had known while living at Richmond
Hill.
Traveling
under the pseudonym Monsieur Arnot Burr landed at Boston Harbor aboard
the HMS Aurora. This was only five weeks prior to America’s
declaration of war against Great Britain. When the officials at the
port didn’t question his true identity was it due to their lack of
knowledge, or was it the result of Theodosia’s letters to Dolly
Madison?
Sam
Swartwout, who had accompanied Burr when he fled south after the duel,
invited Burr to be his guest at his home in New York City. Later, with
a loan of ten dollars from Swartwout, Burr rented a small office on
Nassau Street. He hung shingle above the door that read A. Burr
Attorney. Over 500 people came to the tiny office. Many were just
curiosity seekers, but a large number of them were old friends and
supporters.
Theodosia
wrote to her father that she would leave South Carolina aboard the Patriot
and sail for New York. The Patriot never arrived. The grim expanatrion,
it was destroyed in a storm off of Cape Hatteras. It was said that
Burr would not accept the death of his beloved daughter and often
stared at sea looking for the sails of the Patriot.
Eventually
Burr was getting many clients. He often took cases for people who
could not afford to pay, and cases that other attorneys refused
because they were impossible to win. As his practice grew he moved to
a larger office that he shared with his new law partners.
Taking an
interest in politics Burr was disappointed in President Monroe and had
hoped that Andrew Jackson would have been the nominee. His old
Republican party was now being called the Democratic Republicans, or
Democrats.
Aaron
Burr, now 73 years old, married Madame Eliza Jumel the widow of a
wealthy French Wine merchant. As a child Eliza was known as Betsy
Brown, a poor child from Providence, but now she lived in a colonial
mansion originally built for Roger Morris.
A return
to life in a big a luxurious home was not to be for Aaron Burr. The
marriage ended in divorce only five months after they said their vows.
In 1836
Burr suffered a stroke and was paralyzed. He lived briefly at a Staten
Island hotel provided by his nephew Judger Ogden Edwards. When he died
his body was taken to Princeton Chapel for services. He received a
honorable funeral, respectful of one of their most accomplished
graduates. He was buried at the college cemetery.