THE PRESIDENCY OF THOMAS JEFFERSON, 1801-1809 Burr Conspiracy: ‘guilt beyond question” Made Possible by a Grant from Thomas Jefferson University Philadelphia, Pennsylvania Center for Legislative Archives TheNational Archives and Records Administration Washington, D. C. 20408 (202) 501-5350 THE PRESIDENCY OF THOMAS JEFFERSON, 1801-1809 —4 BURR CONSPIRACY Burr Conspiracy: “guilt beyond question” HISTORICAL R MO ST 0 F H I s second term in intended to raise an army to wrest, Mexico ESSAY office,Jefferson and the nation from Spanish control and found a new nation, became increasingly occupied by Depending on the dreams of the pnnci pal J rumors of conspiracy and treason in consplrators. the new creation was envisioned the West. The apparent threat to the peace as either a republic or an empire. These same and safety of the Union centered on the activi plans also may have included adding the ties of Jefferson’s former vice president. Aaron American states and territories vest of the Burr. Dropped by the Republicans in 1804 to Appalachian Mountains to the new country. stand for re-election with Jefferson, unsuccess with New Orleans as the national capital of ful in his bid for the governorship of New this western nation. Yor:. and under indictment for killing Alexan To aid him in his schemes. Burr enhsted th der Hamilton in a duel in New Jersey Burr help of General James \Viikinson, the com seemed prepared to trade disgrace in the East manding general of the Lntted States Army for glory in the \\st, and acting governor of the Louistana Tcmntorv Two potentially dangerous historical strug Wilkinson was no stranger to espionage and ges amplified the alarm raised by Burr’s had supplemented his federal salary with hems in the \Vest and his subsequent mal secret payments from the Spantsh. \Vhinson for treason One struggle was a national fight remained part of Burr’s cabal until he deter fur the loyalty of the ternrones and states west mined that Burr’s plans enio ed no prospect of o the Appalachian Mountains Dependent on success. To protect himself. \\‘iknson the \lississippi River as a commercial outlet, betrayed Burr and notified Jefferson of Burr’s the \Vest had been subject to long-standing dangerous plot. Translattng a letter rv:en in I Spantsh attempts to separate it from the East. code (or cipher) in which Burr outltned his The future of the \Vest also raised a related plans, Wilkinson carefully removed evidence question of political philosophy: could a of his involvement with the conspiracy and republic effectively represent the rights and sent a copy of the edited letter to Jefferson. interests of a population spread over a large tScc document 14, Wilhinson’s t1ans!LuIoi. extent? Or were republics by nature small, Burr, still thinking he had Wilkinson’s preserving a close relationship between the support, went forward with his plans A few governed and those elected to represent them? hundred men gathered on the Ohio River to The second struggle was a political one, pit support Burr’s wild scheme, but most were ting the Republican executive and Congress stopped in December 1806 when their boats acainst the Federalist-dominated judiciary and supplies were seized by the order of Ohto Jefferson and his party captured the executive Governor Edward Tiffin. Burr was not on the and legislative branches in the 1800 elections, Ohio, and he and a party of men floated down but the Federal judiciary remained in the the Cumberland River to join his few remain hands of Federalists appointed to the bench ing supporters. Combining their forces and before Jefferson took office. Jefferson hoping to attract other adventurers, they pro lamented that the Federalists “have retreated ceeded down the Mississippi River. In New into the judiciary as a stronghold.” The Orleans, Wilkinson arrested without charge Republicans and the Federalist judiciary anyone suspected of supporting Burr. Hearing warred throughout Jefferson’s two terms, a rumors that ‘Wilkinson secretly plotted his struggle described in battles over John assassination. Burr wisely surrendered to civil Adams’s appointment of “midnight judges,” authorities in the Mississippi Territory in Janu the repeal of the Judiciary Act of 1801, Chief ary 1807, and he was sent east for trial. tScc Justice John Marshall’s decision in Marburv v. document 15, letter from Mt.’d.) Madison, Congress’s impeachment of federal Unaware that Burr had surrendered. Jeffer message describ . judges, and the Burr trial. son sent Congress a special Although the exact outlines of Burr’s plans ing the conspiracy in the West. (Sec document are difficult to draw, it appears that he 16,Jefferson’s message on the conspiracy) In his THE PRESIDENCY OF THOMAS JEFFERSON, 1801-1809 BURR CONSPIRACY —5 I HISTORICAL message of January 22. 1807,Jeflerson did he refused to dignify the subpoena with a for ESSAY nor hesitate to declare that Burr’s “guilt is mal answer. placed beyond question.’ Federalists then. The prosecution attempted to show Burr as and htstorians today. question jef1erson pre the conspiratorial mastermind behind the trea iudging of Burr and what led him to act as sonous assembly of a war party on the Ohto judge and jury for an individual not yet River. The case rested heavily on the testi charged with a crime. The Federalists rallied mon’ of General Wilkinson and the translated to Burr’s cause to attack and embarrass Jeffer cipher letter, but Wilkinson did not prove to son. despite Burr’s killing of the Federalist be a credible witness. The final blow to the hero Alexander Hamilton in 1804. government’s case came when ChiefJusticc lndtcted by a Rtchmond, Virginia. grand John Marshall. the presiding judge. a Federal juro for treason. Burr stood accused in the for ist, and Jeffersons staunch foe, revised an ear mal indictment of being moved and seduced her ruling and defined treason so narrow by the instigation of the devil.” The federal that it became I impossible to convict Burr At tral, which lasted from May to September of the conclusion of a bitter trial, the mr-c I 8C, was great political theater and capti the rather unusual finding that “We of tb: jury vated, the nation’s interest. Burr’s defense, con find that Aaron Burr is not proved to cc s:ructed by Burr and prominent Federalist under this lndtctrnent by arm evidence attorneys, rested on their efforts to make Burr mitted to us. appear as a \ctim of Jefferson’s persecution. Jefferson, and much of the nation, rematned Bvrr matntamed that he only wanted to irans convinced of Burr’s guilt and blamed the Fed I port settlers to the West. (Sec document 13, let eralists for letting Bun’ escape urcpurt 1t Oflt Bwr.t Federalist newspapers ndtculed Although frustrated with the outcome. ief:cr the trtal as “King Tom’s Puppet Show.” In an son reconctied htmself with the thoucbt ma: effort to stall the thai and further involve the loyalty of the West had been fcrcefuc, Jefferson, Burrs lawyers convinced Marshall to demonstrated by the comic folly of Burr’s con subpoena the president and demand delivery spiracy. Jefferson also hoped that the Federal of the origInal version of the cipher letter, ist party and Federalrs:-controied udtc:cr-. \\htch could be used to discredit Wilktnson. would be lrreparabiv damagec In the couc: or Jefferson had already agreed to provide all public opinion by their close assocta::cr necessary records calthough Wilkinson’s the scoundrel Burr. ortgir’ial ctpher letter could not be found), and THE PRESIDENCY OF THOMAS JEFFERSON, 1801-1809 —--9 BURR CONSPIRACY Letter from Burr to Senator John Smith. October 26, 1806. DOCUMENT 13 Lc\inglon 26 Oct. 1806 Dear Str I was greatly surprised and really hun by the unusual tenor of your letter of the 23rd and I hasten to reply to it as well for your satisfaction as my own. If there exists any design to separate the Western from the eastern States I am totally tgrio - rant of it i never harboured or expressed any such intention to any one nor did any person ever - inttmatc such design to me Indeed I have no conception of any mode in which such a measure could be promoted, except by operating on the minds of the people and demonstrating it to be their interest- I have never written or published a line on this subject nor ever expressed any other sentiments than those which you may have heard from me in public companies at Wash inton & else where & in which I think you concurred. Smith has heard Col. Burr and others say that in fifty or a hundred years the Terntory of the US would compose two Dtstinct Govern mcnts. Ii is a question on which I feel no interest and certainly I never sought a Conversation upon it with any one, but even if I had written and talked ever so much on the matter, it coud nec, ne deemec cnminai But the idea, as I am told, which some malevolent persons circulate is. that a separation is to be affected by force - this appears to me to be as absurd and as unworthy of contradtction as I had bec:c charged with a design to change the planetary System- all the armies of France cou’d no: effect such a purpose, because they could not get here & if they could get here. they could nec subs:s: & tf they could subsist they would certainly be destroyed I have no political views whate\-er-those which I entertained some months ago and which were communicated to you, have been abandoned U.