Article: Vice President Charged with Murder

Sitting Vice President Charged with Murder and Tried for Treason

By George F. Sabato

What does not come to mind when you hear the name of Aaron Burr is that he was a hero of the American Revolution, a Founding Father of America, an Attorney General of New York and Senator from New York. It is rarely noted that in 1800 Burr won the highest number of Electoral votes in the Presidential Election, tied with Thomas Jefferson 73-73, only losing after 35 votes in the House of Representatives. Probably, Burr is most remembered for having fired the shot that killed Alexander Hamilton in a duel. Sadly, his mark in history also carries the tainted distinction for being the subject of the “Trial of the Century” in which he was placed on trial for treason by his former running mate, Thomas Jefferson. Aaron Burr’s legacy firmly rests in being remembered as a murderer on the gentleman on our ten dollar bill, and as America’s first insurrectionist.

Aaron Burr mortally shot and killed Alexander Hamilton in an illegal duel on in 1804. He was sitting Vice President at that time. Yes, the former New York Senator and Vice President of the United States murdered the revolutionary statesman, Founding Father, author of the Federalist Papers, and first Secretary of the Treasury of the United States. Hamilton had played a dramatic role in breaking the tie in the 1800 election run-off. For Burr, the duel settled that grievance.

Naturally, after the duel, Burr was out of favor in the political world of the capitol. All too soon, the sitting Vice President faced charges for murder in two states, New York and New Jersey. It is easy to understand why Burr headed south to Georgia where some of his attorney friends were able to get the charges of murder dismissed, even though dueling and murder were clearly illegal. Subsequently, Burr returned to Washington D.C and finished his term as Vice President, a role that was mostly ceremonial.

Shortly after leaving office, Burr developed a scheme to allegedly seize part of the Louisiana Territory and likely even part of Spanish Territory including Texas. California and New Mexico. Some argue is eyes were only on land outside the U.S., just Texas and Mexico. His main conspirator was General James Wilkinson (commander of United States forces in the Southwest and military governor of Louisiana). Many settlers in those territories were sympathetic to the cause for they were troubled with Spanish rule. Eventually, a well-armed militia of several hundred men was formed and headed toward Louisiana to establish the new empire, presumably with Burr as Emperor. Wilkinson turned on Burr and relayed information about Burr’s plans to President Jefferson. Jefferson became furious and had Aaron Burr charged with for his intention to raise war and rebellion against the United States. He was additionally indicted for the violation of the Neutrality Act for his seditious outreaches to both Britain and Spain. In 1807 Burr was arrested in the Mississippi Territory (Alabama today) and brought to Virginia for trial.

The case was assigned to the U.S. Circuit Court of Virginia. President Jefferson’s political rival, Supreme Court Justice James Marshall, presided over cases in this district. Jefferson played a major role in the prosecution of the case.

Burr’s trial set precedents that firmly established the separation of powers between the Judiciary and Executive branches of government, the powerful role of the court in to interpret the Constitution, and established firmly every American’s right to due process. A precedent setting moment in the trial took place when Jefferson was subpoenaed to provide documents, establishing that a President could be subpoenaed. Marshall insisted on a strict interpretation of the U.S. Constitution’s section on treason. Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the testimony of two Witnesses to the same overt Act, or on Confession in open Court. Article III, Section 3, Clause 1, Treason In addition, Marshall limited the testimony which could be submitted as evidence. The prosecution therefore could not provide “two witnesses” to the covert action. Consequently, the jury’s verdict was “not guilty”, to President Jefferson’s dismay.

Burr was able to keep questionable evidence from being submitted in the trial. One item was a cipher letter allegedly authored by Burr that was sent by General Wilkenson to Thomas Jefferson. It was not an original document but one that was “deciphered” by the general. It outlined the plot and led Jefferson to bring charges of treason against Burr. Years later, it was revealed at the time that Wilkenson was a spy for Spain. Did Wilkenson set up Burr to distract attention from his activities? The “lack of evidence” admitted in the trial that Burr’s plans included U.S. territories was a contributing factor to John Marshall finding Burr “not guilty”.

Burr was freed of the charges, but his reputation was irreparably damaged.

At this point in time we remember that Aaron Burr almost became the third President of the United States. If Burr had successfully politically maneuvered to get one more vote than Jefferson in the House of Representatives he would have been the third President of the United States. If Jefferson had died during his first term in office, Burr would have succeeded to the office of President to be the fourth President of the United States. Some speculate that he may have the next person elected President following Jefferson, if Jefferson had not had him arrested and tried him for treason. One can only imagine how American history would have been different if Burr had become President of the United States.

A question has arisen in modern time as to whether or not a sitting president could be charged and tried for a criminal offense. Well, in the case of Aaron Burr, a sitting Vice President was charged with murder. Is that precedent enough to establish any member of the Executive branch is as subject to the law as any American citizen?

While Burr escaped conviction of the murder of Alexander and then conviction of treason, Jefferson’s public statements about the defendant had already permanently branded Burr as a traitor. After the trial, Burr fled the country to Europe only later to return under an assumed name. To this day, Burr’s record of being a Revolutionary War Hero, a successful businessman and politician, and the former Vice President are all but forgotten.

Another look at Aaron Burr could redeem his reputation by looking beyond his duel with Hamilton and his trial for treason. As a New York assemblyman, he introduced legislation to abolish slavery. He founded a bank that eventually became JPMorgan Chase & Co. As a U.S. Senator from New York he helped Tennessee become a state. The victory of Thomas Jefferson came about in part because Aaron Burr weaponized the political machine of Tammany Hall to win New York’s electoral votes. Aaron Burr was a Revolutionary War Hero, a leading politician in the important early years of our Republic, and a successful entrepreneur whose story is clouded in controversy. There is no doubt that Aaron Burr left his mark on the pages of American history, and most recently on the Broadway Musical, Hamilton. In the end, unfortunately, Burr it appears Burr stands “guilty” in the court of public opinion to this day.

This episode in American history reveals how the new nation in its formative days was plagued by partisan rivalries and their influence on the government of the American people. In his farewell speech on September 14, 1796, President George Washington warned of the dangers of the rise of political parties whom he felt would accumulate and use power for their own interests at the expense of the will of the people. The shadow of this warning hangs over our nation to this day.

Addendum:

*Jefferson was elected as President, Aaron Burr Vice President on February 17, 1801.

**In 1789 Burr became a U.S. Senator of New York by defeating incumbent General Philip Shuyler, the happened to be the father-in-law of Alexander Hamilton.

** Some call Burr the first modern politician for he used funds from his business to finance campaigns of his political allies. It is said he was the first American politician to campaign door-to-door for himself and his causes.

**** Aaron Burr formed a bank that challenged Hamilton’s bank in New York. The modern JPMorgan Chase & Co has its roots in the Manhattan Company which was founded by Aaron Burr in 1799. The Manhattan Company got its charter to provide water to New York City. A loophole in the charter allowed surplus funds to be used for banking. A chain of bank mergers over time created the modern JPMorgan Chase. Up until the establishment of the Manhattan Company, the Bank of New York (today the Bank of New York Mellon) had a monopoly on banking in New York. It had been formed by Alexander Hamilton in 1784. An example of how our lives are touched by this piece of history would be a person holding a Southwest Airlines Credit Card is in fact using a Chase credit card.

Further Exploration

Genera Information about Aaron Burr:

Aaron Burr the Almost President: https://potus-geeks.livejournal.com/197421.html

The Life and Times of Aaron Burr: Hamilton’s Nemesis: https://www.youtube.com/watch?v=8E23AbYtYFE

Memoirs of Aaron Burr: https://www.gutenberg.org/ebooks/7852

14 Surprising Facts about Aaron Burr: https://www.mentalfloss.com/article/91777/facts-about-aaron-burr

Presidential Election of 1800:

What Was Alexander Hamilton’s Role in the Contentious Presidential Defeat: https://www.history.com/news/aaron-burr-alexander-hamilton-election-1800

Presidential Election of 1800: A Resource Guide https://guides.loc.gov/presidential-election-1800

Thomas Jefferson, Aaron Burr and the Election of 1800 (Smithsonian) https://www.smithsonianmag.com/history/thomas-jefferson-aaron-burr-and-the-election-of-1800-131082359/

Alexander Hamilton v. Aaron Burr Duel and Consequences:

Aaron Burr Slays Alexander Hamilton in Duel https://www.history.com/this-day-in-history/burr-slays-hamilton-in-duel

What Did Aaron Burr Do After Shooting Alexander Hamilton? https://www.mentalfloss.com/article/57580/what-did-aaron-burr-do-after-shooting-alexander-hamilton

The State of New Jersey v Aaron Burr: Indictment for Murder, 23 October 1804 https://founders.archives.gov/documents/Hamilton/01-26-02-0001-0281

Thomas Jefferson on Aaron Burr: Colonial Williamsburg's Thomas Jefferson (Bill Barker) answers a question about his impressions of Aaron Burr. https://www.youtube.com/watch?v=EQ0fdfROgSI

Aaron Burr, sir—Hamilton (Original Cast 2016 –Live: https://www.youtube.com/watch?v=KAnVd7Fxb0g

Treason Trial of Aaron Burr:

Copy of indictment of Aaron Burr for Treason 1806: https://www.archives.gov/historical-docs/todays-doc/index.html?dod-date=1125

Conspiracies: https://www.digitalhistory.uh.edu/disp_textbook.cfm?smtid=2&psid=2984

Constitution annotated/Article III: https://constitution.congress.gov/browse/essay/artIII-S3-C1-3/ALDE_00013526/

Levying War, Justicia https://law.justia.com/constitution/us/article-3/43-levying-war.html

Equal Justice Under the Law: United States v. Aaron Burr https://www.youtube.com/watch?v=JB0dIfBk6e8

Justice Marshall’s Case No 14,14693, Circuit Court, D Virginia August 31, 1807 Ruling https://www.famous-trials.com/burr/169-judgement

What is Treason? The Aaron Burr Case https://medium.com/constitutional-rights-foundation/what-is-treason-the-aaron-burr-case-108d3991754d

Aaron Burr Documentary (reenactment of Burr’s arrest): https://www.youtube.com/watch?v=uhETS4ouUMg

Aaron Burr Society--for reinstatement of Burr’s reputation: https://www.aaronburrassociation.org/

The Trial of Aaron Burr: http://law2.umkc.edu/faculty/projects/ftrials/burr/burraccount.html

George Washinton’s Warning About Political Parties in his Farewell Speech: https://www.mountvernon.org/library/digitalhistory/quotes/article/however-political-parties-may-now-and-then-answer-popular-ends-they-are-likely-in-the-course-of-time-and-things-to-become-potent-engines-by-which-cunning-ambitious-and-unprincipled-men-will-be-enabled-to-subvert-the-power-of-the-people-and-to-usurp-for-th/

Activities, Exploration and Discussion

Write a poem, ode, song or rap about the life of Aaron Burr.

Speculate on how American history would have been different had (choose one)

--Aaron Burr won the election of 1800?

--Alexander Hamilton had not accepted the challenge to the duel.

--Alexander Hamilton was the victor in the duel?

--Aaron Burr had succeeded in creating his new empire?

Create a poster “Aaron Burr Wanted for Treason” with an image of Aaron Burr and details of the charges against him.

Watch the video of the trial and cite the key arguments by his prosecution and those of the defense. Evaluate the verdict of Judge John Marshall. In your opinion, did he arrive at the correct verdict? Present your reasons in a persuasive essay.

Examine the reasons for Aaron Burr calling out Alexander Hamilton to a duel. Was he justified by the standards of the day? …by the standards of today? Is it fair that Aaron Burr is judged as a villain by history, for after all, Alexander Hamilton accepted the challenge and showed up?

Research into the relationship between Thomas Jefferson and Aaron Burr. In your opinion what changed the relationship from friendship to them being adversaries. Who was more responsible for the “break-up”?

Conduct a poll to discover what percentage of the respondents ever heard that a sitting Vice President of the United States had killed his political opponent? If they said yes, have them state who the Vice President was?

With dueling and murder being illegal in 1804 how was Aaron Burr able to avoid being convicted of his crime of killing Alexander Hamilton? Write a Letter to the Editor stating your opinion as to whether it fair for him to escape conviction of murder.

While history documents that Aaron Burr was conspiring with fellow Americans and other countries to establish a new nation that was to possibly include existing southern states, part the Louisiana Territory and part of Mexico, was it fair that a strict interpretation of the Constitution allowed Burr to be found not guilty of treason? Argue whether the strict interpretation was proper or that sufficient intent and evidence of the conspiracy should have led to the guilty verdict which Jefferson wanted. (British Common Law standard)

Sam Houston eventually followed a similar plan to grab Texas from Mexico. Today Aaron Burr’s is considered a traitor and Sam Houston a hero? When Burr heard of what took place in Texas he said, “You see. I was right! What was (alleged) treason in me 30 years ago is patriotism now.” Take a stand. Was Burr a traitor or model statesman? Present your evidence in a “letter to the editor”.

What recent cases in American history put politics and justice in conflict? Cite the case or cand outline the main points of contention? Then state the side you would stand on and provide your reasoning.

Document three cases in American history which bare out the prescient warning of President George Washington in his farewell address. "However [political parties] may now and then answer popular ends, they are likely in the course of time and things, to become potent engines, by which cunning, ambitious, and unprincipled men will be enabled to subvert the power of the people and to usurp for themselves the reins of government, destroying afterwards the very engines which have lifted them to unjust dominion." Farewell Address, Saturday, September 17, 1796.

Trial Simulation:

Have students divide into two legal teams and prepare arguments for and against conviction of Aaron Burr for:

1. The murder of Alexander Hamilton

2. Treason against the United States

After the sides present their cases, have the class vote as a jury, guilty or not guilty.

George F. Sabato is the Program Author of Savvas Learning Company's myWorld Interactive World History and myWorld Interactive Geography, grades six and seven, a national program adopted by the California Board of Education. He has a B.A. and M.A. from Stanford University and was a Fulbright Scholar. He is a past President of the California Council for the Social Studies and currently President of Sierra Community Access Television.

George Sabato

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