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.