Founding Father William Bingham: A Lesson in Diplomacy

William Bingham 1752-1804

Modern America needs to know the story of William Bingham. In today's bitterly divided political environment, it is important to remember that this is not the most divided this country has ever been. Although both sides of the political aisle are thrashing at each other and the politicians are crying "fake news", this is child's play compared to the political divisions of the new Republic. 

(1798, House of Representatives, Connecticut Rep. Griswold attacks Vermont Rep. Matthew Lyons on the House Floor)

In the early divisive days of our country's founding, two federal House Representatives (Griswold and Lyons) literally attacked each other on the House floor, one armed with a cane and the other fire tongs from the House of Representatives' fireplace. The Federalists and Republicans were both guilty of printing vicious lies by their yellow muckraker journalists William Cobbett, James Callender, and Benjamin Franklin Bache, to name a few. The Federalists believed that a strong, central government was necessary. The Republicans wanted states' rights, a close union with France, and the dismantling of arms and standing armies.  Both sides wanted nothing but the best for our infant country, while their tactics were in fact threatening it. There were repeated threats of secession from both New England and the South. George Washington, always above the fray of partisan politics, was bitterly attacked and not spared. Of course history remembers Alexander Hamilton and Thomas Jefferson being the biggest offenders of their respective parties. While all this was going on and tempers flaring, William Bingham always kept a cool head. A devoted Federalist, he started his work for the country as a young emissary to Martinique whose mission was to supply the revolutionary troops with necessities. Not only did he succeed in this at great cost, he helped bring France into the war on the side of the Americans. While in the West Indies, he learned the art of merchant trading and became a calculated risk taker and businessman throughout the course of his life. So much so, that most of his adult life after the Revolution, he was one of the wealthiest Americans in the country. This was an extraordinary fact as many of his business associates, including Robert Morris, the Philadelphia financier of the American Revolution, ended up in debtors prisons. While his contemporaries got caught up and bankrupted in the fever of wild land speculations, William Bingham kept his head above water despite owning millions of acres of forest land in Maine which did not sell.  He and his wife were known for their generous hospitality, inviting friend and political foe alike to their home for constant entertaining. He lived the advice and example of his successful merchant father in law, Thomas Willing who wrote in an autobiographical essay and lived till age 90:

(Thomas Willing, 1731-1821, Father of Anne Bingham, William Bingham's wife, Mayor of Philadelphia in 1763, Delegate to the Continental Congress in 1775, President of the First Bank of the United States)

"My success in life has not been derived from superior abilities, or extensive knowledge, a very small and scanty share of either have fallen to my lot; therefore it can only be ascribed to a steady application to whatever I have undertaken, a civil and respectful deportment to all my fellow citizens, and an honest and upright conduct in every transaction in life." *

(William Bingham in his home where he hosted many parties) 

William Bingham was the epitome of class and honorable deportment under political circumstances that tried other men's souls. As a delegation to President John Adams regarding an unpopular mission of sending an emissary to France, he kept his cool in the heated exchange of the delegates questioning the President's powers.  Not only did he always act with class, he continued to open his home to his political foes, despite there being no possibility of finding common ground. It was considered an honor in Philadelphia society to be invited to one of the Binghams' lavish fetes. Many of his rivals remarked with deep gratitude that he always treated them with respect. Thomas Jefferson, perhaps ideologically his biggest adversary, remained on friendly terms with both him and his wife, a remarkable achievement considering that Jefferson could not even get along with his cousin, the highly esteemed Supreme Court Chief Justice John Marshall. 

With his sincere and smooth manner, he was elected to the Continental Congress and pushed for the adoption of a stronger government ,which led to the Constitutional Convention. He was later elected to the Pennsylvania House of Representatives rising to its Speaker. Subsequently, he was elected to the Pennsylvania Senate becoming President of the Senate. Following these years of coalition building which brought both sides together resulting in numerous good public works for Pennsylvania, he was elected to the United States Senate where he served as one of the cooler heads when tempers flared for war against France.  In addition to his public acts, he also advised Alexander Hamilton on what would become the country's first national bank. He wrote its bylaws and served as director. He built one of the most modern roads for the time, the Lancaster Turnpike and the needed Schuylkill bridge.

(Lancaster Turnpike)

His home was always a refuge of hospitality and splendor in the aim of bringing his family and  friends together. He opened his home to refugees fleeing the French Terror. He adored his wife and family. His wife Anne, was his reason d'etre. When his wife suddenly passed from a pneumonia type illness resulting from one of her favorite winter sleighing parties, he never quite got over it dying from what is believed to be complications from a stroke at age 52.

(Anne Willing Bingham 1764-1801)

William Bingham was of the old school, you didn't complain. You worked diligently and assiduously taking calculated risks. You sacrificed your time and resources for public office, public works and philanthropy. Among his many other philanthropic ventures, he was one of the founders of Dickinson College.  He never lost sight of the true aim of a worthwhile existence and that is to do good for your fellow man and be good while doing it, treating everyone with respect. It is good for us to remember that in this age of political division, this is not the worst it has been nor will it ever be. Leaders, like William Bingham, teach us that we must value each other not for our similarities but for all that brings us together with the goal of doing good for our fellow man. 

*The Golden Voyage: The Life and Times of William Bingham: 1752-1804, by Robert C. Alberts, published in 1969, the Epilogue, page. 441

The Comparison of the debt ridden Virginia Tobacco Plantations to Modern Health Care Costs

The history of "wealthy" Virginia Tidewater plantation owners who grew tobacco for a living is a brilliant life lesson in the politics of autonomy.  For many years, Virginia tidewater planters grew tobacco on their large plantations as a status symbol in the early American culture. The plantation owners included George Washington and Thomas Jefferson. Planation owners were expected to loan money to their neighbors and townsfolk in a time where valued currency was hard to come by. Such loans existed on gentlemen's agreements and when a loan was called in, the owner apologized for such an imposition. The problem with the culture is that the plantation owners were really living stressed out lives of debt. They worked hard all year round: the planting, transplanting, topping, curating and prizing seasons dominated the local culture and dictated times of community gatherings. The fiction in it all was that the planters shipped off their hogsheads of tobacco to British merchants without any commercial say. The merchants determined the selling prices and shipped back ordered refined goods such as lace, silverware, and carriages.  The balance sheet was always in the negative based on the merchants' control of the market pricing and amount of goods ordered to ship back. The plantation owners found themselves living off of credit due to the merchants. They lived extravagant lives of debt. Over time, they felt trapped and helpless. It is surprising that they allowed this to go on for so long. When Virginian Patrick Henry rang the call for independence, the plantation owners internalized their need for independence in not just political terms, but also self autonomy from merchants who controlled their destiny. George Washington rejected the lifestyle of debt early on and turned his tobacco plantations to wheat farms. Robert Byrd sold off his belongings in a lottery that failed at paying off his debts. Others had similar doomed destinies including suicide, and penniliess endings.

Today we see the same lack of commercial savvy and trust in our nation's healthcare. While Congress endlessly debates over health care coverage, providers are charging exorbitant fees for medical services putting countless Americans into bankruptcy without even a say as to the pricing of the medical services they received.  This cannot go on too long before a movement in fueled barring Congressional action. Personal autonomy requires bargining in a commercial exchange. Whether it is the price for a shipment of goods or the cost of medical care, the consumer must have some say in cost for responsible choices to be made. Currently, a person may have a heart attack and is unconsciously transported to a facility where he or she cannot control unreasonable price gouging in the costs so effortlessly passed down to them. There are no bodies of independent regulation and appeal looking our for consumers in health costs. The closest thing is the government which goes after Medicare and Medicaid fraud. This does not help the American who is not on Medicaid or Medicare. How can a country be strong when so many of its voices have become helpless in bankruptcy courts?  The free market requires give and take. No government should dictate pricing in a commercial economy, but guidelines, prosecution of reckless avarice and choices need to be available and practiced.  We no longer answer helplessly to British merchants over the cost of our independent holdings, but we have traded this unconsciously for being hostages to our own healthcare prices.  Healthcare has turned into the modern debtor's prison. It is crippling our people. It cannot stand for our America to be proud and strong.

James Forten- The American Hero You Have Never Heard Of

Elemental to the American Revolution was the desire to be free. Americans wanted to create their own laws, control their own taxes, vote for their own people. Elevated in the pantheon hall of fame are George Washington, Ben Franklin, Patrick Henry and many others who fought for freedom or risked their lives by joining the cause and writing new laws.  Yet, a hero that American schoolchildren never hear of is James Forten.  James Forten was a free black man. His father had died at age seven, so he immediately went to work to help support his mother and family.  He worked tough jobs like chimney sweeping.  When the war broke out, at age fourteen he joined the cause. He sailed missions under Stephen Decature in a privateer ship. The Royal Louis was highly successful until one day the tables turned and everyone on board was captured.  British Royal Navy Captain John Beazley was enchanted  by young James. James had befriended his son on the ship. Captain Beazley offered James his freedom and a chance to sail to England for what he promised would be a better life.  Remarkably, James chose to be a prisoner instead. He refused to denounce his loyalty to America, despite the fact that he had no rights in his own country.  James would spend seven grueling months on the notorious prisoner of war ship, the Jersey.  An opportunity arose in his small group of prisoners to escape in a trunk in a prisoner exchange. It was determined that young James should go. However; James gave up his berth to freedom to a young white boy who was very sickly, Daniel Brewton. When the hour came, Brewton was successfully whisked to freedom concealed in the trunk. James and Daniel maintained a close friendship for the rest of their lives. Remarkably, James survived his imprisonment on the Jersey, despite the over 11,000 deaths of prisoners on the ship, many from unsanitary conditions.

After finally being released from the prison ship, James spent a year in London as the terms of prisoner exchange forbade him from fighting in the Revolution. England had progressed much farther than the United States in securing rights and liberties for blacks. He learned as much as he could that year abroad and returned home determined to become successful despite all the impediments his skin color imposed. He rose to foreman of  Robert Bridges' sailmaking operation. When Robert retired, Robert stunned all of Philadelphia by offering James the opportunity to buy his business. James employed both white and African American workers. He developed his own unique inventions to advance sailmaking. His sailmaking business was in great demand. He became one of the most wealthy and respected businessmen in Philadelphia. He had a reputatino for being not only a savvy businessman, but a kind and fair boss.

As his wealth grew, so did his leadership in the community and philanthropy. He successfully advocated against amendment to the Fugitive Slave Law which would have heaped many restrictions on African Americans.   He eventually led the African American community in opposing large scale colonization plans that were an attempt to rid the country of its black population. All this at a time where he could not even vote.  He suffered many indignities, such as the destruction of Pennsylvania's Hall, which he helped fund where African Americans would assemble for meetings. The list is long of how James Forten stood up against continued injustices thrown at the African American community intended to encourage their departure out of the country. He always maintained a calm dignity to his manner, no matter what was thrown at him. He charitably funded a newspaper instrumental in articulating the rights of the black community, in addition to funding schools that would educate and train children of color. Like acorns from a tree, all his children grew into strong advocates for the rights of black Americans following his lead.  He was an example in family, business, and the community. He was a strong pillar of his church.  When James Forten passed, he had one of the largest funerals Philadelphia had ever witnessed. His service was attended by black and white alike. James had loaned out much of his wealth to many needy Philadelphians of all persuasions and color during times where money could scarcely be found. When he died, a huge portion of his assests, the outstanding loans, were never repaid.  James Forten was not a man afraid of risk. He lived by principle and treated no man on the basis of the color of his skin.

As history passes, it is incumbent upon us to remember not just those whose stories we have glorified for the ages, but to include a Founding Father hero, James Forten, who achieved more with much less. James Forten is an example of how one must never accept the limitations told or handed down upon them. We each, individually, despite all circumstances are the masters of our fate and the world is a much better place when we bravely live our lives to improve the plot of others.

Lessons in Leadership: The Courage of Davy Crockett

David Crockett

David Crockett, or "Davy" Crockett as most know him, is a personified lesson in courage. Although not educated (he could not read or write), he helped change the world for the better by his strong principles coupled with courage. Many people have a good heart, but having a good heart is of little use to society unless it eases the burdens of others. As a small boy, his father farmed him out in servitude to pay off a debt. David not only did this, but discovering another huge debt of his poor father's, he worked it off as well to the astonishment of his unsuspecting father. This last bout of servitude would take him six months. A great deal of success is defined by perseverance. Determined to marry, he told the father of his bride to be that he would marry his daughter whether he approved or not (the mother did not approve, but was later won over). He explained to the future father in law to be, that he had already secured the necessary minister before the bride's father caved in.  It is not surprising that he volunteered to serve in the militia. With the respect of his men, he was elected colonel. He served under General Andrew Jackson, namely Jackson's right hand man, Brigadier General John Coffee. Not being one to ever scare of a fight, he decided to run for the Tennessee legislature despite formidable erudite and educated opponents. Being a careful student of people, he would beat his political opponents by giving short stump speeches (knowing the populace tired of long winded political siloloquoys) filled with relatable humor and common sense anecdotes. He was elected to Congress and bravely fought against the principles of President Andrew Jackson, despite it being what others considered political suicide. He strongly believed there was unaccoutability in how the nation's money was spent and he deeply opposed Jackson's Indian Removal Act. This cost him his last congressional election. Not one to wallow in defeat or remain unproductive, he headed to Texas in the name of freedom to help American settlers defend their land against Mexico. He bravely died at the Alamo. The key is that he loved people. He always fought for the little man (with legislation to help poor settlers secure their land titles) in the Tennessee State House and in Congress. In his autobiography republished in 1923 by Charles Scribner's Sons, some of his life mantras are laid out for posterity:

1. "If a man is only determined to go ahead, the more kicks he receives in his breech the faster he will get on his journey."  (Davy lost his life savings when a flood took out his grist mill as he went off to serve in the legislature. This did not stop him from performing his duties or remaining committed to his constituents, despite his state of being destitute.)

2. His patience with politics: "No man who has not tried it can imagine what dreadful hard work it is to listen. Splitting gum logs in the dog days is child's play to it. I've tried both and give preference to the gum logs." (For a man who lived to hunt bears, and had killed over 500 of them, it was quite a sacrifice for him to trade this in for the tedious job of governing.)

3. His bone chilling thoughts on the Declaration of Independence: "That the sacred instrument may never be trampled on by the children of those who have freely shed their blood to establish it, is the sincere wish of David Crockett." (May we all, who benefit from the blood shed by those brave heroes like Davy Crockett, always do our best to defend the Constitution and the rights and protections it affords all men.)

It is well known that Davy Crockett inspired others by his principles. For him, it was always a matter of doing what was right, no matter the cost. He once said, "I will be no man's man, and no party's man, other than to be the people's faithful representative."  It is good to celebrate and remember the life of David Crockett. He did not limit his bravery to the wild frontier. He exercised his limitless courage to do as much good as he could for others.

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.