Presidents and the Law: Thomas Jefferson and Aaron Burr's Conspiracy Trial
After Burr served one term as Vice-President of the United States (under President Thomas Jefferson) from 1801 to 1805. When he left the office at the end of his term in 1805, he headed west of the Allegheny Mountains and down the Ohio River Valley into the lands acquired in the Louisiana Purchase. Burr had leased 40,000 acres of land, known as the Bastrop Tract, along the Ouachita River, in what is now Louisiana, from the Spanish government. It was there where Burr was alleged to be at the center of a conspiracy to create a new independent nation at the center of North America, with himself as its head of state.
While traveling through Virginia and Pennsylvania, Burr sought support for his plan. His most important supporter was General James Wilkinson, who was Commander-in-Chief of the U.S. Army at New Orleans and Governor of the Louisiana Territory. Another key supporter was Harman Blennerhassett, who, like some sort of Bond villain, had a private island on the Ohio River near present day Parkersburg, West Virginia. He offered Burr the use of the island for training and outfitting Burr's expedition.
Burr's expedition attracted about about eighty men, who carried modest arms for hunting. Burr denied any such conspiracy, other than an agreement that if he settled in those lands with a large group of farmers, and war broke out with Spain, he would have an army with which to fight and claim Spanish land for himself.
After a near-incident with Spanish forces at Natchitoches, Louisiana, Wilkinson lost faith in Burr and decided to betray Burr's plans by informing President Thomas Jefferson about them. On hearing of this, Jefferson issued an order for Burr's arrest, declaring Burr to be a traitor. Burr learned of this in a newspaper in the Territory of Orleans on January 10, 1807. Jefferson's warrant put Federal agents on his trail. Burr decided, twice, to turn himself in to the Federal authorities. Two judges found his actions legal and released him.
Jefferson's warrant remained in effect however and Burr was captured at Wakefield, in Mississippi Territory (now in the state of Alabama), on February 19, 1807. He was confined to Fort Stoddert after being arrested on charges of treason. Burr was treated well while in captivity. He dined with the commandant, Edward Gaines, and was introduced to Frances Gaines, the wife of the commandant. She was also the daughter of Judge Harry Toulmin, who had issued Burr's arrest warrant. Mrs. Gaines and Burr played chess that evening and continued this practice during his confinement at the fort.
Previously, when Burr was still Vice President in 1804, he had met with Anthony Merry, the British Minister to the United States and suggested to Merry that the British might regain power in the Southwest if they contributed guns and money to the expedition he planned to take at the end of his term. Burr offered to detach Louisiana from the Union in exchange for a half a million dollars and a British fleet in the Gulf of Mexico. In November 1805, Burr again met with Merry and asked for two or three ships of the line and money. Merry informed Burr that London had not yet responded to Burr's plans which he had forwarded the previous year. Merry gave him fifteen hundred dollars. Those Merry worked for in London expressed no interest in furthering an American secession. In the spring of 1806, Burr had his final meeting with Merry. In this meeting Merry informed Burr that still no response had been received from London. Merry was recalled to Britain on June 1, 1806. Burr's secret correspondence with Merry was eventually revealed.
In 1807, Burr was brought to trial before the United States Circuit Court at Richmond, Virginia, on a charge of treason. His defense lawyers included Edmund Randolph, John Wickham, Luther Martin and Benjamin Gaines Botts. Burr had been arraigned four times for treason before a grand jury indicted him. The only physical evidence presented to the Grand Jury was Wilkinson's letter from Burr, which proposed the idea of stealing land in the Louisiana Purchase. (The correspondence between Merry and Burr was not part of the evidence). During the Jury's examination, the court discovered that the letter was written in Wilkinson's own handwriting. He said he had made a "copy" because he had "lost" the original. The Grand Jury rejected the letter as evidence, and Wilkinson was ridiculed by the news media for this.
The trial was presided over by Chief Justice of the United States John Marshall. It began on August 3. Article 3, Section 3 of the United States Constitution requires that treason either be admitted in open court, or proved by an overt act witnessed by two people. Since no two witnesses came forward, Burr was acquitted on September 1, 1807 (207 years ago today).
Many historians view this trial as a major test of the Constitution and separation of powers. Jefferson had tried to use the power of the Presidency against Burr. Jefferson wanted a conviction and challenged the authority of the Supreme Court and its Chief Justice John Marshall, who had been appointed by John Adams and who had clashed with Jefferson over John Adams' last-minute judicial appointments. Jefferson believed that Burr's treason was obvious. It is said that Thomas Jefferson used all of his influence to get Marshall to convict, but Marshall was not swayed.
Burr's trial considered the concepts of executive privilege (something Richard Nixon would argue during Watergate), state secrets privilege, and the independence of the executive. Burr’s lawyers asked Chief Justice John Marshall to subpoena President Thomas Jefferson, claiming that they needed documents from Jefferson to accurately present their case. Jefferson proclaimed that as President, he reserved the right to decide “what papers coming to him as President, the public interests permit to be communicated and to whom.” He also argued that he should not be subject to the commands of the judiciary, because the constitution guaranteed the executive branch’s independence from the judicial branch. Marshall decided that the subpoena could be issued despite Jefferson’s position as President. Marshall stated in his ruling that deference must be shown to Jefferson’s office in order to avoid “vexatious and unnecessary subpoenas,” but his ruling was significant because it suggested that, like all citizens, the President was subject to the law. Jefferson never turned over the requested materials however, and his non-compliance with the subpoena was never addressed.
Author and lawyer David Stewart, in his book about Burr entitled American Emperor: Aaron Burr's Challenge to Jefferson's America, adopts the position that Burr was not explicitly guilty of treason according to Marshall's definition, but that evidence exists of his guilt. Many historians believe the extent of Burr's involvement may never be known. If true however, his discussions with Robert Merry are certainly evidence of his plotting against the interests of his nation.
While traveling through Virginia and Pennsylvania, Burr sought support for his plan. His most important supporter was General James Wilkinson, who was Commander-in-Chief of the U.S. Army at New Orleans and Governor of the Louisiana Territory. Another key supporter was Harman Blennerhassett, who, like some sort of Bond villain, had a private island on the Ohio River near present day Parkersburg, West Virginia. He offered Burr the use of the island for training and outfitting Burr's expedition.
Burr's expedition attracted about about eighty men, who carried modest arms for hunting. Burr denied any such conspiracy, other than an agreement that if he settled in those lands with a large group of farmers, and war broke out with Spain, he would have an army with which to fight and claim Spanish land for himself.
After a near-incident with Spanish forces at Natchitoches, Louisiana, Wilkinson lost faith in Burr and decided to betray Burr's plans by informing President Thomas Jefferson about them. On hearing of this, Jefferson issued an order for Burr's arrest, declaring Burr to be a traitor. Burr learned of this in a newspaper in the Territory of Orleans on January 10, 1807. Jefferson's warrant put Federal agents on his trail. Burr decided, twice, to turn himself in to the Federal authorities. Two judges found his actions legal and released him.
Jefferson's warrant remained in effect however and Burr was captured at Wakefield, in Mississippi Territory (now in the state of Alabama), on February 19, 1807. He was confined to Fort Stoddert after being arrested on charges of treason. Burr was treated well while in captivity. He dined with the commandant, Edward Gaines, and was introduced to Frances Gaines, the wife of the commandant. She was also the daughter of Judge Harry Toulmin, who had issued Burr's arrest warrant. Mrs. Gaines and Burr played chess that evening and continued this practice during his confinement at the fort.
Previously, when Burr was still Vice President in 1804, he had met with Anthony Merry, the British Minister to the United States and suggested to Merry that the British might regain power in the Southwest if they contributed guns and money to the expedition he planned to take at the end of his term. Burr offered to detach Louisiana from the Union in exchange for a half a million dollars and a British fleet in the Gulf of Mexico. In November 1805, Burr again met with Merry and asked for two or three ships of the line and money. Merry informed Burr that London had not yet responded to Burr's plans which he had forwarded the previous year. Merry gave him fifteen hundred dollars. Those Merry worked for in London expressed no interest in furthering an American secession. In the spring of 1806, Burr had his final meeting with Merry. In this meeting Merry informed Burr that still no response had been received from London. Merry was recalled to Britain on June 1, 1806. Burr's secret correspondence with Merry was eventually revealed.
In 1807, Burr was brought to trial before the United States Circuit Court at Richmond, Virginia, on a charge of treason. His defense lawyers included Edmund Randolph, John Wickham, Luther Martin and Benjamin Gaines Botts. Burr had been arraigned four times for treason before a grand jury indicted him. The only physical evidence presented to the Grand Jury was Wilkinson's letter from Burr, which proposed the idea of stealing land in the Louisiana Purchase. (The correspondence between Merry and Burr was not part of the evidence). During the Jury's examination, the court discovered that the letter was written in Wilkinson's own handwriting. He said he had made a "copy" because he had "lost" the original. The Grand Jury rejected the letter as evidence, and Wilkinson was ridiculed by the news media for this.
The trial was presided over by Chief Justice of the United States John Marshall. It began on August 3. Article 3, Section 3 of the United States Constitution requires that treason either be admitted in open court, or proved by an overt act witnessed by two people. Since no two witnesses came forward, Burr was acquitted on September 1, 1807 (207 years ago today).
Many historians view this trial as a major test of the Constitution and separation of powers. Jefferson had tried to use the power of the Presidency against Burr. Jefferson wanted a conviction and challenged the authority of the Supreme Court and its Chief Justice John Marshall, who had been appointed by John Adams and who had clashed with Jefferson over John Adams' last-minute judicial appointments. Jefferson believed that Burr's treason was obvious. It is said that Thomas Jefferson used all of his influence to get Marshall to convict, but Marshall was not swayed.
Burr's trial considered the concepts of executive privilege (something Richard Nixon would argue during Watergate), state secrets privilege, and the independence of the executive. Burr’s lawyers asked Chief Justice John Marshall to subpoena President Thomas Jefferson, claiming that they needed documents from Jefferson to accurately present their case. Jefferson proclaimed that as President, he reserved the right to decide “what papers coming to him as President, the public interests permit to be communicated and to whom.” He also argued that he should not be subject to the commands of the judiciary, because the constitution guaranteed the executive branch’s independence from the judicial branch. Marshall decided that the subpoena could be issued despite Jefferson’s position as President. Marshall stated in his ruling that deference must be shown to Jefferson’s office in order to avoid “vexatious and unnecessary subpoenas,” but his ruling was significant because it suggested that, like all citizens, the President was subject to the law. Jefferson never turned over the requested materials however, and his non-compliance with the subpoena was never addressed.
Author and lawyer David Stewart, in his book about Burr entitled American Emperor: Aaron Burr's Challenge to Jefferson's America, adopts the position that Burr was not explicitly guilty of treason according to Marshall's definition, but that evidence exists of his guilt. Many historians believe the extent of Burr's involvement may never be known. If true however, his discussions with Robert Merry are certainly evidence of his plotting against the interests of his nation.