Character Lesson in Negativity: The Story of Hamilton

With the success of the Broadway musical there has been much hoopla over Alexander Hamilton as of late. Yet, the mere mention Aaron Burr to a high school history teacher and the reaction is quite different. It is time to set the record straight. Two of the most powerful politicians in our nation's founding made it their life mission to destroy the political career of Aaron Burr. Here is some clarifying insight that sheds light on motive and truth. This blog focuses on Alexander Hamilton's foibles. (The other is Thomas Jefferson who used a paid spy of Spain James Wilkinson to trump up fake treason charges that resulted in Not Guilty.)

It is said that after becoming a successful attorney Aaron Burr never lost a case that he personally handled as first chair. Burr was a master wordsmith. He made reasoned, short and to the point cogent arguments impressing both judges and juries alike. Nathan Schachner described Burr's legal abilities in his 1937 biography, 

"More important, he prepared his cases thoroughly....His argument was prepared to the last detail before he entered the courtroom...Burr's mind was agile and active; he seized the essential points of an argument with unerring insight, and possessed the faculty of reducing an elaborate, difficult discussion to a single luminous point. He was always a strict practitioner, addicted to every legal technicality, never soliciting his opponent's favor nor indulgent in overlooking the errors of others, but courteous to his adversary and eminently polite."

Burr was truly a prodigy trial lawyer. Hamilton on the other hand waxed eloquently and long. His legal work, although first rate, did not compare. 

The same for lobbying. The Holland Company, a group of European land investors, hired Hamilton to change the New York laws so that foreigners could own land outright. Hamilton was not successful. Burr accomplished this amazing legislative feat. By doing so, he stripped Hamilton of a $250k loan for his father in law's canal business which was a deal Hamilton had with The Holland Land Company had he been successful.  

As for military affairs, the same can be said. Although a close aide de camp to George Washington, Hamilton was not the daring, military mastermind as Burr. When Washington determined the brigade trapped at Brooklyn Heights could not be saved from the British, Aaron Burr proposed to do just that (with Washington's reluctant permission). He swooped in saving the brigade by safely leading them out of the reach of capture by the British to safety at Harlem Heights. When Burr arrived to lead the escape, the commanding American officer defied Burr and ordered his brigade to remain. Burr persuaded the fearful men anyway and spared all their lives, including Hamilton's. This marked the first time Aaron Burr spared Hamilton's life.  

Burr made it a practice his whole  life to live as a gentleman. He adhered to the principles for gentlemen as practiced and published in"Letters Written by Lord Chesterfield to his Son." He made it a practice to never reduce negative aspersions of someone's character in writing. Upon his last wishes, he requested that his biographer Matthew Davis destroy any papers whose contents could possibly injure anyone's character. Hamilton was the opposite. He resorted to the pen fast and furious. His pieces were acerbic and vitriolic attacks on his political enemies. Among those included was a diatribe against John Adams which caused his Federalist party leaders to lose faith in him. He launched a secret letter writing campaign against Burr, which helped Jefferson defeat Burr in the election of 1800. During one of Hamilton's angry escapades, he challenged James Monroe to a duel. It was Burr who acted as Monroe's second, diplomatically stopping the duel and saving Hamilton's life. 

Hamilton held office one time. He was elected to the Congress of the Confederation from New York, Hamilton depended on his power from the influence of other leaders. He managed to successfully turn Washington against Burr and thereby deprive Burr of a military appointment when war was about to break out against France. Adams as President preferred Burr over the intrigues of Hamilton. Burr held numerous offices from assemblyman in New York to the Vice Presidency. Burr created his own power and proved this when he was able to outpolitic New Yorks' ruling families: the Clintons and the Livingstons. He depended on no one for power. He is credited with creating the power of political parties through his novel electioneering methods. His political influence was so great he put the Republicans in power in 1800, shocking the Federalists. Hamilton held no such colossal powers. Burr defeated Hamilton's father in law, Philip Schuyler for a bid in the New York Senate. Hamilton was outraged. Hamilton made sure  Burr would be defeated as New York governor by strong negative campaigning. Hamilton also made sure Burr would not be elected President in the election of 1800 by a smear campaign. This took much doing on Hamilton's part as the election of 1800 is the most contested Presidential campaign in history, not decided until the 36th vote in the U.S. House of Representatives. 

When Hamilton was caught red handed in the smear campaign that cost Burr the Governor's office after he had narrowly missed being elected President, this was Burr's final straw. He gave Hamilton a chance to make amends. Rather than honestly fall on the sword by admit wrongdoing or attempting amends, Hamilton acted the aggrieved party even falsely writing in his will that he would throw away his first shot in the duel (witnesses prove otherwise). 

So in the hoopla over Hamilton, one must not fall into the trap of thinking that the lurking devil that cost Hamilton his life was Burr.  It was quite the opposite. Had Hamilton survived the duel, it is very unlikely that he would have changed his ways. His was an all consuming jealous passion against Burr's success. Burr was happy to live his life focusing on his own objectives and accomplishments. Hamilton, on the other hand, had to actively pursue measures that attacked not just his bitter rival's character but livelihood. Although Hamilton has much to admire in his short life (his economic measures that put this young country on a strong footing), one would benefit from learning the moral of the story. Focus on creating greatness. It does not pay to focus on tearing others apart.

The Sacred Constitution

It is truly noteworthy that the United States of America is not the continent of North America filled with contiguous independent state countries with no national oversight.  We forget that the Constitution was nothing short of a miracle. After the Revolution, the bankrupt states were less than forthcoming in paying revolutionary debts and not exactly harmonious in interstate trade and commerce, creating obstacles that disadvantaged those from out of state. Powerful patriots such as Patrick Henry ("Give me Liberty, or Give me Death") and George Mason (who wrote the Bill of Rights for Virginia's Constitution) fought ardently against what was to become the Constitution of the United States. They argued that a powerful national government would usurp a citizen's rights and tax the people onerously, while eradicating the unique governing abilities of the individual states. The battle to ratify the Constitution was anything but a given. The majority of the population then existing were swayed by fears of another tyrannical government, much akin to Great Britain ('no taxation without representation'). Their thoughts equated to why trade one national government for another? Let the states rule leniently. The problem turned out to be just that. The individual states were horribly delinquent in not paying back debts (preferring to forget them), and powerless in fights against each other (with onerous laws favoring one state over another interfering with trade and commerce).

After the national Constitutional Convention in Philadelphia, the Pennsylvania ratifying Constitutional Convention had to resort to arrests in order to form the legally required quorum to debate ratifying the Constitution. Elected delegates who represented the people's interest in not giving more power to the national government, had to be rounded up and essentially arrested to return back to the ratifying Convention. Pennsylvania delegates felt keenly they should make a strong showing for ratifying the Constitution, so that the other influential states (Virginia and New York) would follow its example. After all, the Constitution was created there. Virginia came very close to not ratifying the national Constitution. Thomas Jefferson, Patrick Henry, and George Mason, among other notable Founding Fathers, were strongly against it. Future Supreme Court Justice John Marshall, who had fought alongside George Washington in the Revolution (unlike Thomas Jefferson who chose not to fight at all) recognized the inherent necessities of a powerful, overseeing, national government in order for the United States to meets its obligations and prosper. The logical reasoning and charming personality of John Marshall in his incisive arguments for ratifying the Constitution at the Convention were enough (alongside mastermind James Madison's help) to win the day. The anti-Constitutionalists were able to make a strong showing for a Constitution which included a Bill of Rights that was indeed  later adopted as amendments to the Constitution with ratification being prefaced on this understanding. Thankfully the anti-Constitutionalists were defeated, but their critically important Bill of Rights was not.

The lesson in the story of our Constitution lies in its birth out of  necessity, its hard fought battle for ratification, its limitations (the amendments) and its genius in its unique, breathing ability to adapt to the ever changing world. Without the Constitution (as the failing Articles of Confederation showed), there was no hope for America to lay a bedrock foundation for unity and prosperity. George Washington, James Madison, Alexander Hamilton and John Marshall were all correct in their assessment for a strong,  national government with checks and balances.  The anti-Constitutionalists were right in curbing the abuses of power by protecting the rights of every citizen with the Bill of Rights.  This country needs to remind itself, that it is not a police state. Government exists for the prosperity of man, and not the other way around. A good judge will carefully and faithfully defend our laws and the Bill of Rights, with the particular vigilance of the anti-Constitutionalists for our rights.

(We expect our President to have good relations with important agencies. This is just a picture showing where political pressures can intersect with politics.)

Modern politicians seek popular endorsement by public displays of support for the police. Everyone supports the police when they are performing their jobs satisfactorily, this is a given. Politicians and judges are elected to protect our rights, minimize governmental intrusion, foster healthy economies and protect the public welfare.  Judges should not first question how their legal rulings will reflect with the police before making correct decisions based in law. Unfortunately the lines get blurred too easily when pandering to political pressures. Let judges and politicians remember their first obligation is to support the rights of the hard fought, sacred Constitution.  

Punishment as Politics is Unconstitutional: The True Aaron Burr Story

Punishment as Politics is Unconstitutional: The True Aaron Burr Story

There have been many instances that have shamed our American history as politics as punishment: the internment of Japanese Americans during World War II, the finger pointing McCarthy era of Red Communists, and the wasting of millions of dollars on a public spectacle of the relationship between Monica Lewinsky and President Bill Clinton, just to name a few.  In the wake of the enormous popularity of the Broadway musical Hamilton, it is time to get the record straight. It is very important for American schoolchildren to finally be taught the truth about Aaron Burr. He is not the notorious traitor alleged to have masterminded a plot to make himself emperor of the West after losing a Presidential election. Rather, he is the hero of one of the darkest tales of our country where law was turned on its head for political advantage. With less political charisma and clout, Thomas Jefferson was desperate to get his Vice President Aaron Burr out of his political crosshairs and so he set about on the infamous Aaron Burr treason trials.

I have read many books on and referencing Aaron Burr. The quintessential best one to accurately dissect the Aaron Burr treason trial with motives and characters is Burr, Hamilton, and Jefferson: A Study in Character by Roger G. Kennedy.  Roger Kennedy served under 3 Presidents, was a lawyer, banker and excellent judge of character and politics.

The charge: treason. Despite the lack of evidence in 3 prior state trials (yes, Jefferson as President tried hard to get him convicted on no basis but fear mongering politics), Jefferson had Aaron Burr captured and brought to Virginia for a federal trial.  One of the state grand juries, seeing the trial for what it was (politics) issued forth this statement with their verdict of Not Guilty:

 “A military expedition was unnecessarily … fitted out against the person and property of the said Aaron Burr..(It has destroyed) the personal liberty…(of Burr and of Burr’s friends) through military arrest made without warrant, and …without other lawful authority; and they do sincerely regret that so much cause has been given to the enemies of our glorious Constitution, to rejoice at such measures…as, if sanctioned by the Executive of our country, must sap the vitals of our political existence, and crumble this glorious fabric in the dust.”

 So what exactly was Burr charged with ? The Neutrality Act Washington had signed forbade acts of war with neutral countries. It was charged that Burr meant to stir up trouble with Spain by invading Florida with a small army. President Andrew Jackson did exactly that some years later, as it was a given that Americans would continue to expand its borders. Burr had the makings of a real estate expedition. He had purchased the “Bastrop property”, a large holding out west and brought men to settle the area and make money off real estate. Burr did make it clear that if war broke out with Spain, he would get involved. He certainly did not have the makings of a serious army to take over, nor did he desire to crown himself as Emperor. 

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The verdict. Many juries render verdicts on gut instinct.  They look for confessions by the defendant. The verdict by Thomas Jefferson is most telling. Many years later, he was asked if thought Aaron Burr was seriously attempting a coup d’etat. His response was that “only a madman would have thought Burr was a threat to the unity of the United States”. Burr had made a special trip to the capitol to inform Jefferson of his Bastrop properties venture project and made sure the President knew he would serve militarily if a war broke out with Spain.  

The means. So how was it that charges got so far based on no evidence ? In criminal law, one’s motives or deal struck with the prosecutor in exchange for testimony is admissible. Jefferson’s star witness was General James Wilkinson, a paid traitor to the United States in the pay of Spain (heavily suspected then, and since proven by pay receipts and Spanish historical documents).  The more of a threat the United States appeared to Spain, the more money Wilkinson could extort from the Spanish. The other main witness was William Eaton, who was paid over $10k (back pay for his expenses when he led a group of Marines against the Barbary pirates) after his testimony (until his cooperation, his expenses had been denied by the President). William Eaton, was broke and a desperate man when he came to Jefferson begging for financial help.

Irony. The irony of this all,  is that others like Jackson (who succeeded when skirmishes broke out on the Florida border) and Hamilton were making plans to do the same as Burr. Hamilton’s real estate investment out west was in Ohio. He too hoped to gain an opportunity for glory as the American borders spread.  The adage that history is for those who write it is so true. Most of Aaron Burr’s papers were lost when his only child Theodosia died at sea. If we go back a few hundred years, it is clear that Aaron Burr was viewed as a victim and not a despot. President Andrew Jackson was so angry  that Jefferson framed Burr, he challenged General James Wilkinson to a duel.

The law. Law and politics must never mix. Jefferson had Burr arrested  without a warrant and found Guilty in the public’s mind by “Presidential Proclamation”, as aptly put by President John Adams. When Burr was found Not Guilty the last time in federal court, Jefferson instructed the U.S. Attorney General to have the Chief Justice of the Supreme Court, John Marshall impeached.  Why not ? Jefferson had already tried to impeach Supreme Court Justice Samuel Chase (based on politics that clashed with Jefferson’s). Ironically enough, it was Vice President Aaron Burr, who presided over the trial, preventing a mockery of the system.  Justice Chase was spared a Guilty verdict and his job.

It is the rule of law that our three branches of government each serve an independent role as designed by the Constitution. Jefferson did not adhere to this. Much like a tyrant, he would issue forth accusations and charges and expect his political favorites to carry through. He viewed laws an an obstacle when they conflicted with his personal agenda. Burr’s strong anti-slavery stance threatened Jefferson’s political clout of ensuring the new western states joined the union as slave states.  As a young man, Jefferson had fought against slavery but did a complete about face as it became essential to his income. It is sad to note, that history documents prove Thomas Jefferson paid to ship some of his slaves to Louisiana “to be caned”  and punished in an effort to discipline them. Burr could never do this. Burr also had a conciliatory policy of working with the American Indians and advocating women’s rights in the age of Mary Wollstoncraft (an English author he counted as among his friends).

So it is high time that American schoolchildren are taught the truth about the Burr treason trial. It is one of the most shameful chapters in our American history when the writer of the Declaration of Independence attempted to skirt the laws to rid himself of a political opponent. The fact that he could not get away with it is a testament to democracy and our sacred Constitution. Politics and law should never mix.