Courtroom scene during Aaron Burr’s treason trial in Richmond, Virginia, 1807.
Courtroom during Aaron Burr’s treason trial in 1807, Richmond, Virginia.

The Trial of Aaron Burr

Aaron Burr was tried and found not guilty of treason. This trial was a major event because Burr, a former Vice President, was accused of plotting to create a new empire in the southern United States and Mexico. The trial took place in Richmond, Virginia, and was closely watched by the nation.

What Happened?

On February 19th, 1807, Aaron Burr was arrested in Mississippi. He was accused of being part of a plan to make a Southern Empire in Louisiana and Mexico. President Thomas Jefferson ordered his arrest because he believed Burr was a threat to the country.

Supporters of Burr had different ideas about what he was doing:

– They believed he was leading a group to settle new lands along the Sabine River.

– They thought he was organizing a group to conquer Texas and Mexico.

– They believed he was planning an attack on Spanish West Florida.

Background

A few years earlier, on July 11th, 1804, Burr fought a duel with Alexander Hamilton, which led to Hamilton’s death. After the duel, Burr fled but then returned to his job as Vice President under Jefferson. Hamilton had helped Jefferson win the presidency in a tie vote with John Adams. Because of this, Burr was not well-liked among Democrats. He wanted to become President and invade Spanish territories.

In 1804, Burr met with the British Minister to the United States, Anthony Merry, and suggested that the British could regain power in the southwest if they gave him guns and money. Jefferson was re-elected in 1804, but Burr was not chosen as his running mate.

In March 1805, Burr’s time as Vice President ended. He started communicating with General James Wilkinson about building ships. Wilkinson did not have a good reputation and was later found to be a Spanish agent. Burr convinced Jefferson to make Wilkinson the Governor of the Louisiana Territory in 1805.

The Plot

On November 5th, 1805, a warrant was issued for Burr’s arrest for trying to start a war between the USA and Spain. In 1806, Burr used Blennerhassett Island in the Ohio River to store men and supplies. The Governor of Ohio became suspicious, raided the island, and took all the supplies. Blennerhassett escaped and met Burr at their headquarters on the Cumberland River. Together, with a smaller group, they headed toward New Orleans, expecting Wilkinson to provide troops. However, Wilkinson saw that the plan would fail and told Jefferson about it.

By mid-1806, Jefferson and his government were worried about the situation in the west. When they received Wilkinson’s information, they knew they were right.

The Trial

Burr’s trial was held in Richmond, Virginia. He was found not guilty because Chief Justice John Marshall believed that conspiracy without action was not enough to convict someone. The US Constitution says that treason requires an overt act. The judge said, “There must be an actual assembling of men for the treasonable purpose to constitute a levying of war.”

Even though Burr was acquitted, public opinion turned against him. People called him a traitor and burned his effigy in many cities. Burr went to Europe for a self-imposed exile until 1811. He first went to England in 1808 to seek support for a revolution in Mexico. When he was forced to leave, he went to France to ask for Napoleon’s support but was denied. He couldn’t afford to return to America until 1811.

When Burr came back to the United States, he changed his name to Edwards and resumed his law practice in New York. He died on September 14th, 1836. It is believed he changed his name and went into exile to escape his debts.

Aaron Burr remains one of the few major American politicians to be tried for treason. His true intentions are still unclear. Some believe he wanted to take parts of Texas and the newly acquired Louisiana Purchase. Others think he aimed to conquer Mexico and all of North America.

Aftermath and Legacy

The trial raised questions about the privileges of the executive branch, especially regarding state secrets. Burr’s lawyers wanted to subpoena Jefferson for documents that could prove Burr’s innocence. Jefferson claimed that, as President, he had the right to decide which documents could be shared, asserting executive privilege and independence from the judiciary.

If you want to learn more, remember that on July 11th, 1804, Alexander Hamilton was mortally wounded by Aaron Burr in a duel.

Sources

“Aaron Burr’s Arrest.” Encyclopedia of Alabama, encyclopediaofalabama.org/article/aaron-burrs-arrest/. Accessed 15 May 2023.

Andrews Evan. “Aaron Burr’s Notorious Treason Case.” HISTORY, 23 Aug. 2018, www.history.com/news/aaron-burrs-notorious-treason-case.

History.com Editors. “Aaron Burr Arrested for Treason.” HISTORY, 21 Aug. 2018, www.history.com/this-day-in-history/aaron-burr-arrested-for-treason.

Encyclopedia of Alabama, 2013, www.encyclopediaofalabama.org/article/h-2039.

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