The Burr conspiracy was a plot alleged to have been planned by Aaron Burr in the years during and after his term as

Vice President of the United States The vice president of the United States (VPOTUS) is the second-highest officer in the executive branch of the U.S. federal government, after the president of the United States, and ranks first in the presidential line of succession. The vice p ...

under

US President The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United States ...

Thomas Jefferson Thomas Jefferson (April 13, 1743 – July 4, 1826) was an American statesman, diplomat, lawyer, architect, philosopher, and Founding Father who served as the third president of the United States from 1801 to 1809. He was previously the nati ...

. According to the accusations against Burr, he attempted to use his international connections and support from a

cabal A cabal is a group of people who are united in some close design, usually to promote their private views or interests in an ideology, a state, or another community, often by intrigue and usually unbeknownst to those who are outside their group. T ...

of US planters, politicians, and army officers to establish an independent country in the

Southwestern United States The Southwestern United States, also known as the American Southwest or simply the Southwest, is a geographic and cultural region of the United States that generally includes Arizona, New Mexico, and adjacent portions of California, Colorado, N ...

and parts of Mexico. Burr's version was that he intended to farm 40,000 acres (160 km²) in the Texas Territory which had been leased to him by the

Spanish Crown , coatofarms = File:Coat_of_Arms_of_Spanish_Monarch.svg , coatofarms_article = Coat of arms of the King of Spain , image = Felipe_VI_in_2020_(cropped).jpg , incumbent = Felipe VI , incumbentsince = 19 Ju ...

. In February 1807, Burr was arrested on Jefferson's orders and indicted for

treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...

, despite a lack of firm evidence. While Burr was ultimately acquitted of treason due to the specificity of the

US Constitution The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the nation ...

, the fiasco further destroyed his already faltering political career. Effigies of his likeness were burned throughout the country and the threat of additional charges from individual states forced him into exile in

Europe Europe is a large peninsula conventionally considered a continent in its own right because of its great physical size and the weight of its history and traditions. Europe is also considered a subcontinent of Eurasia and it is located enti ...

. Burr's true intentions remain unclear and, as a result, have led to varying theories from historians: some claim that he intended to take parts of Texas and the newly acquired

Louisiana Purchase The Louisiana Purchase (french: Vente de la Louisiane, translation=Sale of Louisiana) was the acquisition of the territory of Louisiana by the United States from the French First Republic in 1803. In return for fifteen million dollars, or app ...

for himself, while others believe he intended to conquer Mexico or even the entirety of North America. The number of men backing him is also unclear, with accounts ranging from fewer than 40 men to upwards of 7,000.

James Wilkinson

General

James Wilkinson James Wilkinson (March 24, 1757 – December 28, 1825) was an American soldier, politician, and double agent who was associated with several scandals and controversies. He served in the Continental Army during the American Revolutionary War, ...

was one of Burr's key partners. The

Commanding General of the United States Army The Commanding General of the United States Army was the title given to the service chief and highest-ranking officer of the United States Army (and its predecessor the Continental Army), prior to the establishment of the Chief of Staff of the ...

at the time, Wilkinson was known for his attempt to separate

Kentucky Kentucky ( , ), officially the Commonwealth of Kentucky, is a state in the Southeastern region of the United States and one of the states of the Upper South. It borders Illinois, Indiana, and Ohio to the north; West Virginia and Virgini ...

and

Tennessee Tennessee ( , ), officially the State of Tennessee, is a landlocked state in the Southeastern region of the United States. Tennessee is the 36th-largest by area and the 15th-most populous of the 50 states. It is bordered by Kentucky to ...

from the union during the 1780s. Burr persuaded President Thomas Jefferson to appoint Wilkinson to the position of Governor of the

Louisiana Territory The Territory of Louisiana or Louisiana Territory was an organized incorporated territory of the United States that existed from July 4, 1805, until June 4, 1812, when it was renamed the Missouri Territory. The territory was formed out of th ...

in 1805. Wilkinson would later send a letter to Jefferson that Wilkinson claimed was evidence of Burr's treason.

Contacts with the British

While Burr was still vice president, in 1804 he met with Anthony Merry, the British Minister to the United States. As Burr told several of his colleagues, he suggested to Merry that the British might regain power in the Southwest if they contributed guns and money to his expedition. Burr offered to detach Louisiana from the Union in exchange for a half million dollars and a British fleet in the

Gulf of Mexico The Gulf of Mexico ( es, Golfo de México) is an ocean basin and a marginal sea of the Atlantic Ocean, largely surrounded by the North American continent. It is bounded on the northeast, north and northwest by the Gulf Coast of the United S ...

. Merry wrote, "It is clear Mr. Burr... means to endeavour to be the instrument for effecting such a connection—he has told me that the inhabitants of Louisiana ... prefer having the protection and assistance of Great Britain."Melton (2002), p. 66 "Execution of their design is only delayed by the difficulty of obtaining previously an assurance of protection & assistance from some foreign power." In November 1805, Burr again met with Merry and asked for two or three

ships of the line A ship of the line was a type of naval warship constructed during the Age of Sail from the 17th century to the mid-19th century. The ship of the line was designed for the naval tactic known as the line of battle, which depended on the two colu ...

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. Burr told Merry, "with or without such support it certainly would be made very shortly." Merry was recalled to Britain on June 1, 1806.

Travels to the Ohio Valley and Louisiana Territory

In 1805 Burr conceived plans to emigrate, which he claimed was for the purpose of taking possession of land in the Texas Territories leased to him by the Spanish (the lease was granted, and copies still exist). That year Burr traveled from Pittsburgh, down the Ohio River, to the Louisiana Territory. In the spring, Burr met with

Harman Blennerhassett Harman Blennerhassett (8 October 1765 – 2 February 1831) was an Anglo-Irish lawyer, a member of the Society of United Irishmen who emigrated in advance of their rebellion in 1798 to become a socially and politically distinguished plantation o ...

, who proved valuable in helping Burr further his plan. He provided friendship, support, and most importantly, access to

Blennerhassett Island Blennerhassett Island is an island on the Ohio River below the mouth of the Little Kanawha River, near Parkersburg in Wood County, West Virginia, United States. Historically, Blennerhassett Island was occupied by Native Americans. Nemacolin, ...

which he owned on the Ohio River, about 2 miles (3 km) below what is now

Parkersburg, West Virginia Parkersburg is a city in and the county seat of Wood County, West Virginia. Located at the confluence of the Ohio and Little Kanawha rivers, it is the state's fourth-largest city and the largest city in the Parkersburg-Marietta-Vienna metrop ...

. In 1806, Blennerhassett offered to provide Burr with substantial financial support. Burr and his co-conspirators used this island as a storage space for men and supplies. Burr tried to recruit volunteers to enter Spanish territories. In

New Orleans New Orleans ( , ,New Orleans

criollos'' whose objective was to conquer Mexico (still part of

New Spain New Spain, officially the Viceroyalty of New Spain ( es, Virreinato de Nueva España, ), or Kingdom of New Spain, was an integral territorial entity of the Spanish Empire, established by Habsburg Spain during the Spanish colonization of the Am ...

at the time). Burr was able to gain the support of New Orleans' Catholic bishop for his expedition into Mexico. Reports of Burr's plans first appeared in newspaper reports in August 1805, which suggested that Burr intended to raise a western army and "to form a separate government." In early 1806, Burr contacted the Spanish diplomat Carlos Martínez de Irujo y Tacón and told him that his plan was not just western secession, but the capture of Washington, D.C. Irujo wrote to his masters in Madrid about the coming "dismemberment of the colossal power which was growing at the very gates" of New Spain. Irujo gave Burr a few thousand dollars to get things started. The Spanish government in Madrid took no action. Following the events in Kentucky, Burr returned to the West later in 1806 to recruit more volunteers for a military expedition down the

Mississippi River The Mississippi River is the second-longest river and chief river of the second-largest drainage system in North America, second only to the Hudson Bay drainage system. From its traditional source of Lake Itasca in northern Minnesota, it ...

. He began using Blennerhassett Island in the Ohio River to store men and supplies. The

Governor of Ohio A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...

grew suspicious of the activity there, and ordered the state militia to raid the island and seize all supplies. Blennerhassett escaped with one boat, and he met Burr at the operation's headquarters on the

Cumberland River The Cumberland River is a major waterway of the Southern United States. The U.S. Geological Survey. National Hydrography Dataset high-resolution flowline dataThe National Map, accessed June 8, 2011 river drains almost of southern Kentucky and ...

. With a significantly smaller force, the two headed down the Ohio to the Mississippi River and New Orleans. Wilkinson had vowed to supply troops at New Orleans, but he concluded that the conspiracy was bound to fail, and rather than providing troops, Wilkinson revealed Burr's plan to President Jefferson.

Arrest

Place where Aaron Burr was captured, near Wakefield, Alabama

In February and March 1806, the federal attorney for Kentucky, Joseph Hamilton Daveiss, wrote Jefferson several letters warning him that Burr planned to provoke a rebellion in Spanish-held parts of the West, in order to join them to areas in the Southwest and form an independent nation under his rule. Similar accusations were published against local

Democratic-Republican The Democratic-Republican Party, known at the time as the Republican Party and also referred to as the Jeffersonian Republican Party among other names, was an American political party founded by Thomas Jefferson and James Madison in the early ...

s in the

Frankfort, Kentucky Frankfort is the capital city of the Commonwealth of Kentucky, United States, and the seat of Franklin County. It is a home rule-class city; the population was 28,602 at the 2020 census. Located along the Kentucky River, Frankfort is the pri ...

, newspaper ''Western World''. Jefferson dismissed Daveiss' accusations against Burr, a Democratic-Republican, as politically motivated. Daveiss brought charges against Burr, claiming that he intended to make war with

Mexico Mexico ( Spanish: México), officially the United Mexican States, is a country in the southern portion of North America. It is bordered to the north by the United States; to the south and west by the Pacific Ocean; to the southeast by Guate ...

. However, a grand jury declined to indict Burr, who was defended by the young attorney

Henry Clay Henry Clay Sr. (April 12, 1777June 29, 1852) was an American attorney and statesman who represented Kentucky in both the U.S. Senate and House of Representatives. He was the seventh House speaker as well as the ninth secretary of state, ...

. By mid-1806, Jefferson and his cabinet began to take more notice of reports of political instability in the West. Their suspicions were confirmed when General Wilkinson sent the president correspondence which he had received from Burr. The text of the letter that was used as the principal evidence against Burr is as follows: In an attempt to preserve his good name, Wilkinson edited the letters. They had been sent to him in cypher, and he altered the letters to testify to his own innocence and Burr's guilt. He warned Jefferson that Burr was "meditating the overthrow of isadministration" and "conspiring against the State." Jefferson alerted

Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...

of the plan, and ordered the arrest of anyone who conspired to attack Spanish territory. He warned authorities in the West to be aware of suspicious activities. Convinced of Burr's guilt, Jefferson ordered his arrest. Burr continued his excursion down the Mississippi with Blennerhassett and the small army of men which they had recruited in Ohio. They intended to reach New Orleans, but in Bayou Pierre, 30 miles north of Natchez, they learned that a bounty was out for Burr's capture. Burr and his men surrendered at Bayou Pierre, and Burr was taken into custody. Charges were brought against him in the Mississippi Territory, but Burr escaped into the wilderness. He was recaptured on February 19, 1807, and was taken back to Virginia to stand trial.

Trial

Burr was charged with

because of the alleged conspiracy and stood trial in

Richmond, Virginia (Thus do we reach the stars) , image_map = , mapsize = 250 px , map_caption = Location within Virginia , pushpin_map = Virginia#USA , pushpin_label = Richmond , pushpin_m ...

. He was acquitted due to lack of evidence of treason, as Chief Justice John Marshall did not consider conspiracy without actions sufficient for conviction. A Revolutionary War hero, U.S. Senator, New York State Attorney General and Assemblyman, and finally vice president under Jefferson, Burr adamantly denied and vehemently resented all charges against his honor, his character or his patriotism. Burr was charged with treason for assembling an armed force to take New Orleans and separate the Western from the Atlantic states. He was also charged with high misdemeanor for sending a military expedition against territories belonging to Spain. George Hay, the prosecuting U.S. Attorney, compiled a list of over 140 witnesses, one of whom was

Andrew Jackson Andrew Jackson (March 15, 1767 – June 8, 1845) was an American lawyer, planter, general, and statesman who served as the seventh president of the United States from 1829 to 1837. Before being elected to the presidency, he gained fame a ...

. To encourage witnesses to cooperate with the prosecution, Thomas Jefferson gave Hay blank pardons containing Jefferson's signature and the discretion to issue them to all but "the grossest offenders"; Jefferson later amended these instructions to include even those the prosecution believed to be most culpable, if that meant the difference in convicting Burr. The case was controversial from the beginning. The high misdemeanor charge was dropped when the government was unable to prove that the expedition had been military in nature or directed toward Spanish territory. Burr's trial brought into question the ideas of

executive privilege Executive privilege is the right of the president of the United States and other members of the executive branch to maintain confidential communications under certain circumstances within the executive branch and to resist some subpoenas and othe ...

, state secrets privilege, and the independence of the executive. Burr's lawyers, including John Wickham, asked Chief Justice Marshall to subpoena Jefferson, claiming that they needed documents from Jefferson to present their case accurately. Jefferson proclaimed that, as president, he was "Reserving the necessary right of the President of the U S to decide, independently of all other authority, what papers, coming to him as President, the public interests permit to be communicated, & to whom." He insisted that all relevant papers had been made available, and that he was not subject to this writ because he held executive privilege. He also argued that he should not be subject to the commands of the

judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...

, because the Constitution guaranteed the

executive branch The Executive, also referred as the Executive branch or Executive power, is the term commonly used to describe that part of government which enforces the law, and has overall responsibility for the governance of a state. In political systems b ...

's independence from the judicial branch. Marshall decided that the subpoena could be issued despite Jefferson's position of presidency. Though Marshall vowed to consider Jefferson's office and avoid "vexatious and unnecessary subpoenas," his ruling was significant because it suggested that, like all citizens, the president was subject to the law. Marshall had to consider the definition of treason and whether intent was sufficient for conviction, rather than action. Marshall ruled that because Burr had not committed an act of war, he could not be found guilty (see '' Ex parte Bollman''); the First Amendment guaranteed Burr the right to voice opposition to the government. To merely suggest war or to engage in a conspiracy was not enough. To be convicted of treason, Marshall ruled, an

overt act In criminal law, an overt act is the one that can be clearly proved by evidence and from which criminal intent can be inferred, as opposed to a mere intention in the mind to commit a crime. Such an act, even if innocent ''per se'', can potentiall ...

of participation must be proven with evidence. Intention to divide the union was not an overt act: "There must be an actual assembling of men for the treasonable purpose, to constitute a levying of war." Marshall further supported his decision by indicating that the Constitution stated that two witnesses must see the same overt act against the country. Marshall narrowly construed the definition of treason provided in Article III of the Constitution; he noted that the prosecution had failed to prove that Burr had committed an "overt act" as the Constitution required. As a result, the jury acquitted the defendant. Witness testimony was inconsistent, and one of the few witnesses to testify to an "overt act of treason," Jacob Allbright, perjured himself in the process. Allbright testified that militia General Edward Tupper raided Blennerhasset Island and attempted to arrest Harman Blennerhasset, but had been stopped by armed followers of Burr, who raised their weapons at Tupper to threaten him. In fact, Tupper had previously provided a deposition stating that when he visited the island, he had no arrest warrant, had not attempted to effect an arrest of anyone, had not been threatened, and had a pleasant visit with Blennerhasset. The historians Nancy Isenberg and Andrew Burstein write that Burr "was not guilty of treason, nor was he ever convicted, because there was no evidence, not one credible piece of testimony, and the star witness for the prosecution had to admit that he had doctored a letter implicating Burr." In contrast, lawyer and author

David O. Stewart David O. Stewart (born April 2, 1951) is an American author and attorney who writes both nonfiction historical narratives and historical fiction and lives in Potomac, Maryland. His historical works include ''George Washington: The Political Rise ...

concludes that Burr's intention included "acts that constituted the crime of treason, but that in the context of 1806, "the moral verdict is less clear." He points out that neither invasion of Spanish lands nor secession of American territory was considered treasonous by most Americans at the time, in view of the fluid boundaries of the American Southwest at that time, combined with the widespread expectation (shared by President Jefferson) that the United States might well divide into two nations.

Aftermath

Immediately following the acquittal, straw effigies of Burr, Blennerhassett, Martin, and Marshall were hanged and burned by angry mobs. Burr, with his prospects for a political career quashed, left the United States for a self-imposed exile in Europe until 1811. He first traveled to England in 1808 in an attempt to gain support for a revolution in Mexico. He was ordered out of the country, so he traveled to France to ask for the support of Napoleon. He was denied and found himself too poor to pay his way home. Finally, in 1811, he was able to sail back to the United States on a French ship. Upon returning to the United States, he assumed the surname of "Edwards" and returned to New York to resume his law practice. He married Eliza Jumel, the wealthy socialite widow of Stephen Jumel, but she left him after only four months of marriage due to his land speculations and financial mismanagement reduced her finances. Historians attribute his self-imposed exile and using a different surname in part to escape from his creditors, as he was deeply in debt. Burr died on September 14, 1836, the same day that his divorce from his wife was granted. Following his involvement with Burr, James Wilkinson was twice investigated by Congress on issues related to the West. Following an unsuccessful court-martial ordered by President

James Madison James Madison Jr. (March 16, 1751June 28, 1836) was an American statesman, diplomat, and Founding Father. He served as the fourth president of the United States from 1809 to 1817. Madison is hailed as the "Father of the Constitution" for h ...

in 1811, he was allowed to return to his military command in New Orleans. When the conspiracy was uncovered, Blennerhassett's mansion and island were occupied and allegedly plundered by members of the Virginia militia. He fled with his family, but he was twice arrested. The second time he was held in prison until Burr's acquittal. Blennerhassett went to Mississippi, where he became a cotton planter. Later he moved with his family to Canada, where he practiced law and lived in Montreal. Late in life, Blennerhassett left for Europe and died in Guernsey on February 2, 1831.

Footnotes

Primary sources

*"Aaron Burr and the Definition of Treason (1783–1815)." American Eras. 8 vols. Gale Research, 1997–1998. Student Resource Center. Thomson Gale. *"The Aaron Burr Conspiracy (1800–1860)." American Eras. 8 vols. Gale Research, 1997–1998. Student Resource Center. Thomson Gale. *American State Papers, 9th Congress, 2nd Session **Miscellaneous: Volume 1, 468 pp, No. 217. Burr's Conspiracy. **Miscellaneous: Volume 1, 478 pp, No. 223. Burr's Conspiracy – his arrest. *"Burr's Conspiracy, 1805–1807." DISCovering U.S. History. Online Edition. Gale, 2003. Student Resource Center. Thomson Gale. *''United States v. Burr'', 25 Fed. Cas. 30 (C.C.D. Va. 1807) (Opinion of Marshall, C.J.)

External links

* {{DEFAULTSORT:Burr Conspiracy United States Constitution Article Three case law Political scandals in the United States Conspiracies

Conspiracy A conspiracy, also known as a plot, is a secret plan or agreement between persons (called conspirers or conspirators) for an unlawful or harmful purpose, such as murder or treason, especially with political motivation, while keeping their agr ...

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