Aaron Burr

Vice President

• Born: February 6, 1756
• Birthplace: Newark, New Jersey
• Died: September 14, 1836
• Place of death: Port Richmond, Staten Island, New York

American politician

One of the most enigmatic political leaders in American history, Burr was considered a hero of the American Revolution and narrowly missed being elected president over Thomas Jefferson. His views on women’s rights, African American education, and other subjects were far ahead of their time, and he was a driving force behind the liberalization of New York’s penal codes and political process. However, his legacy was tainted by his killing of Alexander Hamilton in a duel and his role in several political scandals.

Area of achievement Government and politics

Early Life

Aaron Burr’s mother, Esther Edwards Burr, was the daughter of the Reverend Jonathan and Sarah Edwards; his father, Aaron Burr, was pastor of the Newark Presbyterian Congregation and president of the College of New Jersey, which, within the year, moved to Princeton. When Burr was nineteen months old, his father died. Within the year, his mother and grandparents died as well, leaving Burr and his older sister Sarah wards of their twenty-year-old uncle, Timothy Edwards.

After graduation from Princeton at the age of seventeen, Burr completed his study for the ministry but decided to become a lawyer. His preparations were interrupted by the American Revolution. After he served with distinction at the battles of Quebec, New York, and Monmouth and commanding American forces in Westchester, Burr’s health forced him to resign, and he returned to the study of law. He was about five feet, two inches in height, thin, and always looked frail.

In 1782, after Burr was admitted to the New York Bar, he married Theodosia Bartow Prevost, ten years his senior and the widow of a British army officer. The Burrs moved to New York City as soon as the British evacuated it. Four children were born: two sons, who died at birth; a daughter, who died in 1789; and Theodosia, the firstborn, who disappeared at sea in 1812.

Burr became noted as a superior attorney; he won many cases “by default.” The city’s other lawyers, including Alexander Hamilton, sought Burr as co-counsel in arduous litigations. People reported other traits: Burr seldom ventured opinions on public issues, he had difficulty in expressing his wishes or seeking favors, and he seldom joined groups—though groups joined him. Observers noted his unusual interest in the well-being of children. Mental health professionals indicate that the trauma of early parental death can lead to such behavior.

Life’s Work

As a military hero and the heir of the Reverend Edwards and the Reverend Burr, Colonel Burr would be an asset to any of the political groups forming in New York, but he refused to join the factions led by Senator Philip Schuyler,Governor George Clinton, or Chancellor Robert Livingston. In 1784, a radical group persuaded him to allow his name to be placed in nomination for the state assembly; he agreed and was elected.

In February, 1785, Burr sponsored a bill to emancipate all those of “Negro, Mulatto, Indian and Mustee blood born in New York.” The measure failed, but Burr continued to seek legislative means to end slavery. Burr was reelected but seems not to have served; he declined further nomination. Refusing to join any faction, Burr nevertheless developed friendly relations with Schuyler’s son-in-law, Hamilton, and Livingston’s brother, Edward. The Schuyler and Livingston factions supported the new Constitution, while Clinton opposed ratification. In 1789, after New York joined the Union, Clinton attempted to placate Burr by appointing him attorney general. Burr was an efficient official and before resigning prepared a series of recommendations to liberalize the state’s laws.

In 1791, the Livingstons, angered by Hamilton’s use of his friendship with President George Washington to secure favors for the Schuyler group, combined with the Clintons to prevent the reelection of Senator Schuyler. Burr was elected in his place. Outwardly, Burr and Hamilton remained friends, but Hamilton was determined to “destroy” Burr.

As senator, Burr became identified with the Thomas Jefferson group led by James Monroe in the Senate and James Madison in the House. Burr supported measures to make Senate sessions public and liberalize laws. Because of his stand on slavery, however, he was not fully trusted by the Jeffersonians. He praised the French Republic and objected to the presence of British forts on American soil; he favored funds to the military to protect Americans from Indian raids. After Monroe left the Senate, Burr was acknowledged as Jeffersonian spokesperson in the Senate, and his name was unsuccessfully put forward for vice president during the 1796 campaign.

Following the death of his wife, Burr did not seek reelection. Returning to New York, he entered the legislature, where he was instrumental in passing a manumission law, securing the construction of public and private roads and canals, and in creating the Manhattan Company with its “notorious” bank. The Bank of the Manhattan Company, by providing venture capital, enabled New York City to replace Philadelphia and Boston as the preeminent American financial center. The bank also provided an alternative source of capital to the Bank of the United States, dominated by the Schuyler faction (or Federalists), which had used the bank to deny loans to Antifederalists.

As an attorney, Burr represented individuals being prosecuted under the Federalist-sponsored Alien and Sedition laws. Although never a member, he helped restructure the Tammany Society into a political organization. Despite his leadership role in the Antifederalist, or Democratic Republican, Party, Hamilton, in 1798, persuaded Federalist governor John Jay to appoint Burr overseer of the state’s defenses to prepare for war with France.

Burr developed a plan that would have prevented a foreign fleet from entering New York Harbor. The legislature rejected most of the plan as too costly. Burr, however, was able to persuade many Federalists, most of whom had considered the Antifederalists as too pro-French, to switch parties. He gathered a slate of candidates that would ensure that pro-Jeffersonians would be selected as presidential electors for the election of 1801. When, for the first time, the state elected an Antifederalist slate, the Jeffersonians agreed that Burr would be their vice presidential candidate.

Burr and Thomas Jefferson received equal numbers of vote for president, so the House of Representatives had to decide the election. The balloting started on February 11, 1801. Burr received a majority of the votes, but, for him to be elected, nine states had to concur; Jefferson had a majority in eight states, Burr a majority in six, and two states split evenly. By February 16, the Federalists, having reached an understanding with Jefferson’s spokesperson, Samuel Smith, abandoned their opposition to Jefferson, who was elected president while Burr became vice president.

With the Senate evenly split between Federalists and Republicans, Burr’s role as president of the Senate became crucial in securing passage of Jeffersonian legislation. Only when the administration attempted to impose an embargo on trade with the black revolutionists of Haiti did Burr act in opposition. By 1804, however, Burr, realizing that Jefferson was grooming Madison as his successor, decided to seek the governorship of New York. Much to Hamilton’s annoyance, the Federalists decided to support Burr. Tammany also endorsed Burr, but the Livingston and Clinton groups combined to nominate their own candidate. Burr carried New York City, Albany, and a few urban centers but was overwhelmed in rural areas.

After the defeat, Burr’s supporters persuaded him to question Hamilton about some comments he allegedly had made. Despite the efforts of Hamilton’s friends, Hamilton exacerbated the issue. He was fatally wounded in the resulting duel. Burr’s enemies in New York and New Jersey (where the duel took place) attempted to arrest Burr, who fled to Philadelphia.

Burr returned to Washington, where as president of the Senate he frustrated another administration attempt to place an embargo on trade with Haiti and presided over the unsuccessful attempt to impeach Judge Samuel Chase. Following an emotional farewell speech, Burr left the Senate.

Unable to return to New York or New Jersey because of the illegal murder indictments—dueling was legal in New Jersey, and New York had no jurisdiction in the matter—Burr, having secured the temporary presidential appointment of several of his friends to important posts in Louisiana Territory, took a trip down the Ohio and Mississippi Rivers to New Orleans. He returned to Washington in the fall of 1805 and held a series of meetings with Jefferson, who, in January, 1806, sought and received Senate confirmation of the appointment of Burr’s friends. Amid talk of war with Spain, Burr embarked on a second voyage down the rivers. Soon rumors began to circulate that Burr planned either to separate the Mississippi Valley from the rest of the country or to invade Spanish territory. All Burr would say was that he had purchased land along the Washita River and that he intended to populate the region with individuals capable of organizing a strike force in the event of war with Spain.

Burr’s ally, General James Wilkinson, the highest-ranking officer in the Army, governor of Louisiana, and a paid Spanish agent, suddenly declared that Burr was a traitor. After a series of trials along the Mississippi in which he was found innocent, Burr was captured by troops and dragged to Richmond, Virginia, to stand trial for treason. Burr acted as his own attorney, although he was assisted by some of the best legal minds in the country. Chief Justice John Marshall acted as circuit judge. The trial became a landmark, because it defined the constitutional meaning of treason, clarified who had the right to declare martial law, and established the right of a defendant to subpoena the president. Burr was found not guilty. The government then charged him with committing a misdemeanor. He was found not guilty. When the government ordered that he stand trial on the same charges in Ohio, he fled to Europe.

In England Burr was welcomed by Jeremy Bentham and William Godwin, the widower of Mary Wollstonecraft, whose feminist views Burr shared. Burr attempted to persuade the British government to help liberate Latin America. He also tried to persuade those Spaniards who were resisting the French occupation of their country to adopt the liberal constitution developed by Bentham. He failed in both attempts. He left England for Germany, Sweden, and France. In Paris he sought the aid of Napoleon in removing all European colonies from the Western Hemisphere. Again he failed.

Burr returned to New York in 1812; he learned that his only grandchild had died and that his daughter’s ship had disappeared at sea. Burr remained in New York—the murder indictments had been quashed, but the treason charges would not be dropped until 1816. He resumed his legal practice and maintained a low profile. His private and legal papers, however, indicate that he was still active in politics. He corresponded with South American revolutionists and was offered a post in their army. He maintained his friendship with Andrew Jackson and Martin Van Buren, the latter serving as co-counsel on several cases. Toward the end of his life, he became interested in bringing German settlers to Texas and attempted to establish contact with Texan revolutionists.

Burr suffered a minor stroke in June, 1830, but that did not prevent him from continuing his work or, on July 1, 1833, marrying Eliza Jumel, a wealthy widow twenty years his junior. A year later, however, his new wife sued for divorce, charging that Burr had taken some of her money for the Texas project. After a sordid trial—the legal grounds for divorce being adultery—the divorce was granted July 14, 1836, to become effective on September 14. Because Burr died on that same day, his wife decided that she did not want the divorce after all.

Significance

In some ways, Burr represented the United States that was to be rather than the United States that was. He opposed slavery and favored the education of black people; he was a feminist who believed that women should be educated to the same degree as men and that women should be able to divorce men who abused them; he opposed property qualifications for voting and did everything possible to void or circumvent the laws. He encouraged government support for commerce and industry; to protect American commerce and independence, he favored the military and naval establishment. He advocated the annexation of Florida and Texas and U.S. support for the liberation of Latin America. In his legal work, he insisted that the burden of proof rested with the prosecution and challenged the validity of circumstantial evidence; he demanded that courts follow the rules of evidence.

The contested election of 1800, the killing of Hamilton, and the treason trials made Burr a political pariah. Many of his friends would publicly shun him but privately seek his advice. Most of the legislation he proposed as attorney general became law; Tammany Hall became a model for democratic urban political machines; the Bank of the Manhattan Company blueprinted a policy that was to become normal during the 1980’s, and Martin Van Buren secretly called upon his expertise during the War of 1812. People would follow Burr’s ideas as long as they could omit his name.

Further Reading

Burr, Aaron. The Papers of Aaron Burr. Edited by Mary-Jo Kline. 27 reels. New York: Microfilm Corporation of America, 1978. The basis for all current scholarly research. All known and available documents to and from Burr are included, as are all existing legal papers. Where the original document has disappeared, printed versions are included. At times a typed transcription of the manuscript is appended. Includes not only all archival documents but also documents from private collectors and family collections that have never been used.

‗‗‗‗‗‗‗. Political Correspondence and Public Papers of Aaron Burr. Edited by Mary-Jo Kline. 2 vols. Princeton, N.J.: Princeton University Press, 1983. Using selections from the microfilm edition of Burr’s papers, the editor has grouped well-edited and well-annotated papers into topical sections that are introduced by superb long historical essays. While recognizing Burr’s personality faults, it presents a positive view of his role.

Daniels, Jonathan. Ordeal of Ambition: Jefferson, Hamilton, Burr. Garden City, N.Y.: Doubleday, 1970. An excellent popular political biography of Burr, Jefferson, and Hamilton, in which the author is rather impartial.

Davis, Matthew Livingston, ed. Memoirs of Aaron Burr. 2 vols. New York: Harper and Brothers, 1836-1837. Reprint. New York: Da Capo Press, 1971. A political ally of Burr, Davis used Burr’s papers to write a defense of his actions prior to 1809. Liberties were taken with the documents.

‗‗‗‗‗‗‗. The Private Journal of Aaron Burr. 2 vols. New York: Harper and Brothers, 1838. Reprint. Upper Saddle River, N.J.: Literature House, 1970. A continuation of the memoirs, covering the period 1809-1836. The basis of the work is the journal kept by Burr while in Europe, letters written to his daughter and son-in-law, and letters from various individuals interested in Latin American affairs. The journal, written in abbreviated English, French, German, Swedish, and Latin, is quite salacious and shocked Davis, who sanitized it for publication. The original manuscript was sold to William K. Bixby, who decoded and translated it as The Private Journal (published by The Genesse Press in 1903).

Fleming, Thomas J. Duel: Alexander Hamilton, Aaron Burr, and the Future of America. New York: Basic Books, 1999. Fleming set the rivalry of two men firmly within the chaotic political environment of the time.

Geissler, Suzanne. Jonathan Edwards to Aaron Burr, Jr.: From the Great Awakening to Democratic Politics. New York: Edwin Mellin Press, 1981. Using unpublished documents, the author traces the development of a democratic ideology. An excellent defense of Burr’s position.

Hammond, Jabez D. The History of Political Parties in the State of New York. 2 vols. Cooperstown, N.Y.: H. and E. Phinney, 1845. Well written, this is still the best work describing the conflict among the supporters of Burr, Hamilton, Clinton, and Livingston.

Lomask, Milton. Aaron Burr: The Years from Princeton to Vice President, 1756-1805. New York: Farrar, Straus and Giroux, 1979.

‗‗‗‗‗‗‗. Aaron Burr: The Conspiracy and Years of Exile, 1805-1836. New York: Farrar, Straus and Giroux, 1983. A popular biography. The first volume repeats much that had been previously written. The second volume, however, benefited from the publication of the microfilm edition of the Burr papers and presents some positive new insights.

Melton, Buckner F., Jr. Aaron Burr: Conspiracy to Treason. New York: Wiley, 2002. Describes Burr’s plot to set up an independent republic in the western United States or Mexico. Melton, a lawyer and constitutional law expert, provides a highly detailed account of Burr’s subsequent treason trial.

Parmet, Herbert S., and Marie B. Hecht. Aaron Burr: Portrait of an Ambitious Man. New York: Macmillan, 1967. Making extensive use of documents in various archives, the authors have presented a well-written, scholarly, but unflattering biography.

Syrett, Harold C., and Jean G. Cooke, eds. Interview in Weehawken: The Burr-Hamilton Duel as Told in Original Documents. Middletown, Conn.: Wesleyan University Press, 1960. A complete collection of all the letters, memoranda, editorials, and testimony leading up to and following the Burr-Hamilton duel.