FAN FAVORITE: The Insurrection of Aaron Burr | Treason on Trial | 4

In the summer of 1807, Richmond, Virginia hosted the most sensational trial in the young nation’s history. At stake was the life of Aaron Burr, who stood accused of plotting an armed insurrection against the United States. The battle over Burr’s guilt or innocence pitted President Thomas Jefferson, who wanted to see his former vice president convicted of treason, against Supreme Court Chief Justice John Marshall, who was committed to the idea that any American citizen, even an alleged traitor, deserved a fair trial. Be the first to know about Wondery’s newest podcasts, curated recommendations, and more! Sign up now at https://wondery.fm/wonderynewsletter Listen to American History Tellers on the Wondery App or wherever you get your podcasts. Experience all episodes ad-free and be the first to binge the newest season. Unlock exclusive early access by joining Wondery+ in the Wondery App, Apple Podcasts or Spotify. Start your free trial today by visiting wondery.com/links/american-history-tellers/ http://wondery.com/links/american-history-tellers/ now. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Speaker names marked ? are inferred from speaking time and the show’s known hosts — they are not voice-verified.

• 0:00Lindsay Graham?

  Audible subscribers can binge new seasons of American History Tellers early and ad-free right now. Join Audible in the Audible app or by subscribing on Apple Podcasts.

• 0:21Lindsay Graham?

  Imagine it's February 18th, 1807. It's late at night in Wakefield, a hamlet in the eastern Mississippi Territory. You're a lawyer and officer in the local militia, and you're working late in the sheriff's office, but he's dozing at his desk. You stare down at the pile of court documents in front of you and realize you'll need another cup of coffee to get through all this work.

• 0:44Lindsay Graham?

  But as you stand up, the sound of hooves stops you in your tracks. Curious who could be visiting at this time of night, you walk out into the hall and toward the front door of the building. You open the door and peer out into the moonlight. A rider trots by without saying a word.

• 1:02Lindsay Graham?

  But then a second rider slows and stops in front of you, steadying his horse. He's wearing a threadbare coat, and he looks like he could use a meal. He looks you in the eyes. Good evening, sir. I'm looking for the house of a local major. Think he lives near here on the Tombigbee River. Could you point me in the right direction? Well, yeah, I know the place, but I don't believe the major's home. You eye the rider suspiciously, but he meets your gaze with a courteous smile. Well, I'll have to wait for him, I suppose. Am I at least going the right way? Yeah, yeah, just keep following the road you're on. It narrows into a path, and the major's place is on the right, but I'm afraid it'll be difficult to get there tonight. Seven or eight miles over bad roads and broken bridges. Oh.

• 1:47Lindsay Graham?

  Well, I'll manage, I'm sure. The roads so far haven't been much better. Well, we have a warm, clean inn here in town. You can spend the night there. Continue on in the morning. Well, thank you, sir, but I really must be on my way.

• 2:01Lindsay Graham?

  Okay. You'd be better off at the inn, though. The major isn't home. You'd be left in the dark. I don't know what you're doing. As the man rides off, you feel a strange heaviness in the pit of your stomach. You walk back into the courthouse and return to the office.

• 2:18Lindsay Graham?

  The bleary-eyed sheriff stands up from his desk and stretches. What was all that about? I'm not sure. Something wasn't right with those riders, though. Why wouldn't they just stay at the inn? At that moment, something dawns on you. The sheriff looks at you sleepily. Well, what is it? You know, I've heard that Aaron Burr is on the run. He fled east from Bayeux-Pierre two weeks ago. What if that was Burr and some accomplice? Nah, it couldn't be. President Jefferson has issued an order demanding his arrest. He's a national fugitive. We can't just let them pass. I say we need to follow them and find out. The sheriff suddenly looks a little more alert. Well, I figure you might be right. Won't hurt. I'll ready the horses.

• 3:01Lindsay Graham?

  You grab your coat, hoping that you're foolish in your suspicions. But if you aren't, and if that is Aaron Burr, you may be about to capture the most wanted man in America.

• 3:16Speaker 01

  Being a serious business owner takes hard work, patience, and a drive to keep moving forward. So it's important to find a serious business card that goes the extra mile. With the Venture X Business Card from Capital One, you earn unlimited double miles on every purchase. And with big purchasing power, you can spend more and earn more. This is your sign to take your business to the next level. The Capital One Venture X Business Card. What's in your wallet? Terms apply. See CapitalOne.com for details.

• 3:48Speaker 02

  PrizePix packs are here. Rip digital packs and get real basketball, footfall, and Pokemon cards on PrizePix packs. Available now nationwide. Once you see your pool, you have a choice to sell back instantly for real cash or ship it home. Cash from your sale will immediately be added to your PrizePix balance. It's just another way to run your game. New users, download the PrizePix app today and use code WONDERY to get $25 instantly in bonus packs when you buy your first $5 pack. PrizePix, run your game. 18-plus, eligible areas, terms apply, collect responsibly.

• 4:23Lindsay Graham?

  From Wondery, I'm Lindsay Graham, and this is American History Tellers. Our history, your story.

• 4:45Lindsay Graham?

  On the night of February 18, 1807, two riders on horseback passed through a small village 200 miles east of the Mississippi River. When one stopped to ask a local militia officer for directions, the officer suspected that the rider was none other than the fugitive Aaron Burr. Burr had gone on the lam after learning that President Thomas Jefferson wanted him arrested for treason. The disgraced former vice president stood accused of conspiring to launch an unauthorized invasion of Mexico and of plotting to seize US territory in the West to form his own breakaway republic. Soon enough, he would be captured and brought to justice. But Burr's story would not end there. His trial would become a legal spectacle unlike

• 5:27Lindsay Graham?

  anything America had seen. It would pit two political titans against each other: President Jefferson, who wanted to see his former vice president convicted, and Supreme Court Chief Justice John Marshall, who was committed to the idea that any American citizen, even an alleged traitor, deserved a fair trial. As Burr's fate hung in the balance, the young nation would be forced to reckon with fundamental questions of liberty, loyalty, and the rule of law. This is Episode 4: Treason on Trial. On January 22, 1807, two men charged in connection with Aaron Burr's plot arrived in Washington DC and were thrown into a military prison.

• 6:09Lindsay Graham?

  Eric Bolman and Samuel Swartout had been arrested in New Orleans earlier that month by the General-in-Chief of the US Army, James Wilkinson. Wilkinson was a former ally of Burr's, who had decided to distance himself from the would-be insurrection by exposing it. He hoped that by arresting conspirators like Bolman and Swartout, he could convince the Jefferson administration of his own innocence. Ten days after their imprisonment, lawyers for Bolman and Swartout brought their case to the US Supreme Court. It was up to the court to decide whether there was sufficient evidence to charge the men with treason. To do this, the justices would consult the Constitution, which defined treason as levying war against the United States, or giving aid and comfort to its enemies.

• 6:53Lindsay Graham?

  A conviction required the testimony of two witnesses to the same overt act. Under federal law, treason was a crime punishable by death. The man leading the Supreme Court's deliberations was Chief Justice John Marshall. Marshall came from a prominent family of Kentucky Federalists, and was the brother-in-law of prosecutor Joseph Hamilton Davis, the attorney who tried and failed to indict Burr in Kentucky the previous fall. He was also a distant cousin of the Republicans' most prominent leader, President Thomas Jefferson. But Jefferson and Marshall did not have good relations. In his seven years on the Supreme Court, Marshall had made the judiciary a powerful force in the federal government, with broad powers to interpret the Constitution,

• 7:36Lindsay Graham?

  which Jefferson deeply resented. And on February 20th, Marshall's interpretation of the Constitution ruled that Bowman and Swartout could not be charged with treason. They were ordered released from prison. Marshall wrote the majority opinion in the case, which narrowed the definition of treason. He held that to have an overt act of treason, there must be an assembly of men prepared to use violent force to levy war against the United States. He found no evidence of an overt act by Bowman and Swartout that met that test. And crucially, he ruled that the mere conspiracy to levy war against the nation did not count as treason. The opinion focused on Burr's accomplices, and did not exonerate the former vice president.

• 8:19Lindsay Graham?

  But it would profoundly shape any prosecution that Burr would face. But first, he would have to be captured.

• 8:29Lindsay Graham?

  While the Supreme Court was deciding the fate of his accomplices, Burr was on the run in the Mississippi Territory. Then on the night of February 18th, 1807, he passed through the village of Wakefield, not far from present-day Mobile, Alabama. A militia officer named Nicholas Perkins urged him to take refuge in a local inn, but when Burr refused, Perkins' suspicions were raised. He resolved to follow him. In the early hours of the morning, Perkins and a detachment of soldiers caught up with Burr on a muddy road. The normally dapper Burr was unshaven and dressed like a frontiersman, wearing a beaver hat and a battered homespun coat. But when confronted, Burr put up no resistance, and the soldiers arrested him and took him to a nearby army garrison.

• 9:13Lindsay Graham?

  Two weeks later, he began the long journey back to Washington DC, accompanied by nine armed guards. Over the preceding months, Jefferson had been slow to react to warnings of Burr's schemes. But now the president was convinced that Burr had threatened the nation. And on a more personal level, Jefferson felt that Burr's actions had undermined his reputation as a capable commander in chief. So Jefferson made it his mission to see the former vice president convicted of treason. He urged Westerners to come forward with any information about Burr's plot, and dispatched government agents across the Appalachians to collect evidence. In March, he gathered a team of lawyers to study the recent Supreme Court ruling in favor of Burr's allies Bowman and Swartout.

• 9:56Lindsay Graham?

  They paid particular attention to the ruling's precedent that an overt act of levying war against the United States required evidence of an assembly of men. Jefferson knew that Burr's men had assembled on Blennerhassett Island in early December. That island was on the Virginia side of the Ohio River, so a case focusing on the events there would have to be tried at a federal court in Richmond. Virginia was Jefferson's home state, and the capital city of Richmond was full of loyal Republicans, making Jefferson certain that a Richmond jury would support him over Burr. But Jefferson knew that holding the trial in Richmond would present at least one obstacle. In the nation's early years, Supreme Court justices worked as trial judges throughout the country, presiding over federal circuit courts.

• 10:41Lindsay Graham?

  And because Chief Justice John Marshall lived in Richmond, he would be the one presiding over Burr's case.

• 10:51Lindsay Graham?

  In late March 1807, Aaron Burr and his guards were nearing the end of their 1,000-mile journey from Mississippi. But as they approached Washington DC, a messenger stopped them and presented them with orders to turn around and head south to Richmond. There, on March 30th, Burr appeared before Justice Marshall. Prosecutors asked that Burr be held for treason and for the misdemeanor charge of violating the Neutrality Act, a federal law that made it illegal for a US citizen to wage war against a country at peace with the United States. Prosecutors argued that Burr had violated the Neutrality Act by conspiring to invade Mexico, which was then seen as a territory of Spain, a country not at war with the United States.

• 11:32Lindsay Graham?

  On April 1st, Justice Marshall declared that he found there to be sufficient evidence to hold Burr on the misdemeanor charge, but not the treason charge. He told prosecutors that if they wanted Burr indicted for treason, they would have to prove their case to a grand jury. Marshall was, of course, aware of the politicized nature of the case, and he wanted to ensure there was a thorough review of the evidence. He described how treason charges were historically used in Great Britain as a tool for vindictive passions raging in the bosoms of contending partisans struggling for power. He did not want this trial to fall into that trap. So Marshall decided it would have to be up to a federal grand jury to decide whether there was enough evidence to indict Burr for treason and initiate a criminal trial.

• 12:16Lindsay Graham?

  Burr was jailed, but released after friends paid a $10,000 bond. Then on May 22nd, 1807, Burr appeared before the grand jury in Richmond. He had already been cleared of any wrongdoing by federal courts in Kentucky and Mississippi, and he was determined to do the same in Virginia. He hired a team of defense attorneys, but his greatest weapon was always his own skill as a lawyer. Burr's defense was that he had no hostility against the United States, and that he simply wanted to join a potential war against Spain. If the war did not come, he would settle on the Bastrop tract, a large piece of land he had arranged to purchase on the present-day border of Louisiana and Arkansas. Burr planned to argue that the case was a political show trial, and that there was no real evidence against him.

• 13:01Lindsay Graham?

  And of course Burr was correct, politics were at play. Though President Jefferson remained in Washington, he directed the prosecution from afar, providing detailed written instructions to federal prosecutor George Hay. To encourage witness cooperation, Jefferson gave Hay blank pardons with the presidential signature, allowing him discretion to issue them to Burr's former allies in exchange for their testimony. But there was one witness in particular that could be key to the prosecution, General James Wilkinson. By this time rumors that Wilkinson had conspired with Burr were widespread. Jefferson no longer trusted his general in chief, but he had little choice but to stand by him. The entire case against Burr relied on Wilkinson's credibility as a witness.

• 13:45Lindsay Graham?

  So on June 15th, Wilkinson strode into court dressed in his gold-trimmed uniform. The general paused in the aisle as Burr turned around and met his stare. A witness described how Wilkinson's countenance was calm, dignified, and commanding, while Burr's was marked by a haughty contempt. Over the next four days, the grand jurors questioned Wilkinson. A key piece of evidence was the cipher letter, a coded message Burr had sent to Wilkinson describing his plans. Under heavy questioning, Wilkinson reluctantly divulged that before sending the letter to Jefferson, he had doctored it. This admission on the stand convinced many members of the grand jury that Burr was not the only man guilty of treason.

• 14:31Lindsay Graham?

  Imagine it's June 1807, at the federal courthouse in Richmond, Virginia. You're a grand jury foreman, charged with deciding whether to indict Aaron Burr for treason. You've just finished listening to the testimony of General James Wilkinson, and some of the things he's admitted to have left you furious.

• 14:50Lindsay Graham?

  You storm into the jury room where a fellow grand juror, Edward, sits at a long mahogany table reading a newspaper. You find his nonchalance annoying. You're just sitting there. After what we just heard, General Wilkinson is an outrage. I believe he ought to be indicted as well, concealing his knowledge of treasonable acts.

• 15:10Lindsay Graham?

  Edward reluctantly sets his newspaper down, a weary look on his face. Oh, I don't know. Is that necessary? We're here to review evidence about Burr. No one said anything about Wilkinson. But Wilkinson just admitted he doctored the cipher letter. Edward shrugs. Well, that's true. So he says. So he says. If he's willing to lie about a key piece of evidence, what else is he hiding? I don't know. It's clear the main priority is saving his own skin, right? But you can't deny his testimony was damning for Burr. He's the government's star witness. Yeah, that man witnessed plenty because he was Burr's right-hand man. Plotting and scheming this whole mad enterprise right alongside him. Now, his actions are morally reprehensible. Well, I guess I agree.

• 15:53Lindsay Graham?

  The man's far from innocent, but the fact is, I haven't seen any actual evidence connecting him to Plenerhassett Island or an open rebellion against the government. You clench your jaw. Deep down, you know there is a lack of solid evidence. But you are certain that Wilkinson is guilty of something. Oh, Edward. The letter proves the general knew Burr was up to something long before he said anything about it. He may not have committed treason, but he's not innocent either. I want to introduce a motion to indict Wilkinson for concealing knowledge of Burr's plot. Will you vote in favor? Edward again shrugs. Well, I'll think about it. What is there to think about? It's not like we're declaring him guilty. We're just deciding whether to bring charges against him. Well, I'm sorry, but I can't join you.

• 16:39Lindsay Graham?

  Edward stands and moves to the door.

• 16:43Lindsay Graham?

  So if you hold a vote, I'm a no. You slump down in a chair as Edward leaves. You're furious at the thought of Wilkinson escaping charges when he was so obviously involved in Burr's plot. You just hope you can bring more jurors around. Make certain that justice is served.

• 17:03Lindsay Graham?

  After General James Wilkinson finished testifying, grand jury foreman John Randolph introduced a motion to indict him. But Randolph was not able to convince enough of his fellow jurors to join, and the motion failed by a narrow vote. Randolph later wrote in disgust, "Not that any man pretended to think him innocent. Wilkinson is the only man that I ever saw, who was from the bark to the very core a villain." The grand jury went on to question another 50 witnesses. And despite lingering questions about Wilkinson's own involvement, his testimony was compelling. On June 24th, the grand jury indicted Burr for treason and the misdemeanor charge of violating the Neutrality Act. The indictment stated that Burr traitorously intended to raise and levy war, insurrection,

• 17:48Lindsay Graham?

  and rebellion against the United States. Burr pleaded not guilty to both charges, and the court adjourned until August. So throughout that summer, the city of Richmond prepared for what was sure to be the most sensational trial to ever take place in the young nation's history. At the center of it stood a man that some Americans still admired, but many others saw as a traitor and a villain. Time and again, Aaron Burr had narrowly escaped consequences for his actions. He had dodged murder charges for the slaying of Alexander Hamilton, and sedition charges in Kentucky and Mississippi. Now he would face his greatest legal test yet. And if he was found guilty of treason, the penalty would be death.

• 18:34Speaker 03

  Confidence. It's listening to your gut. It's moving forward even when the path ahead is unclear. For nearly 160 years, Pacific Life has helped people keep their promises, building confidence for generations. Whether you're confident in your financial future or just beginning to envision it, we're here to help. Ask a financial professional how. Pacific Life. The power of a promise. Pacific Life Insurance Company, Omaha, Nebraska, and in New York. Pacific Life and Annuity, Phoenix, Arizona.

• 19:08Speaker 04

  But you're running to get game day deals on Uber Eats. Keep everyone at tonight's watch party fed with deals from your go-to restaurants. Or stock up with deals on your favorite snacks and groceries. Whatever the occasion, get game day deals on Uber Eats all season long. It's not football without food. Uber Eats. Order now. Terms apply. Product availability varies by region. See app for details.

• 19:39Lindsay Graham?

  Aaron Burr spent the summer of 1807 in a three-room suite on the top floor of the Richmond Penitentiary. He was, though, in good spirits. He had a personal servant at his disposal, and his friends and lawyers visited freely. Local women competed for the opportunity to deliver him fresh fruit, cream, and ice to help him cope with the oppressive summer heat. Though Burr was optimistic about his chances at trial, there was no denying the challenges before him. If he lost his case, he could be sentenced to death. And even if he won, his finances were in dire straits. For two years Burr had depended on friends to loan him money to finance his travels. His wealthy son-in-law paid for his lawyers and trial clothes. For Burr, his liberty and his life were on the line.

• 20:25Lindsay Graham?

  But others found a deeper meaning in the case, tying it to the uncertain future of the Young Republic. Former President John Adams declared, "Something must come out of the trial, which will strengthen or weaken our confidence in the general union." President Thomas Jefferson believed that the survival of the Union depended on Burr's conviction. But for Supreme Court Justice John Marshall, something else was at stake: the protection of civil liberties. Marshall believed that Burr's case would test America's commitment to individual rights, even when faced with a potential threat to national security. So that August, the nation's eyes turned to Richmond. Thousands of Americans flocked to the city to watch the trial. They gathered in tents and covered wagons along the banks of the James River.

• 21:08Lindsay Graham?

  That summer, Richmond's population nearly doubled. And on August 3rd, the second floor of the state Capitol filled to capacity as John Marshall opened the trial known as United States v. Burr. Over the next two weeks, lawyers undertook the difficult task of assembling an unbiased jury. Many Richmond residents were already convinced of Burr's guilt, and Burr had to accept that impartiality was nearly impossible, declaring, "I am under the necessity of taking men in some degree prejudiced against me." But finally, on August 17th, a 12-man jury was sworn in, and prosecutor George Hay delivered his opening statement. Hay told the jury that Burr had gathered a military force on Blennerhassett Island on December 10th, 1806.

• 21:53Lindsay Graham?

  He described the group of some 30 people as armed and arrayed in a warlike manner, with guns, swords, and other warlike weapons. According to Hay, these people unlawfully, maliciously, and traitorously prepared to make war against the United States, starting with an attack on New Orleans. Hay admitted that Burr himself was not physically present; he was in Kentucky at the time. But Hay planned to argue that the defendant had supported the assembly from afar. The next day, the prosecution called its first witness, William Eaton. Eaton was a hero of the Barbary War on the North African coast, and after Burr had tried and failed to recruit him as an ally, he had spent much of the past year trying to spread the alarm about Burr's conspiracy.

• 22:37Lindsay Graham?

  Now he took the stand, and described Burr's audacious plot in detail. He spoke of how Burr had targeted him because of his military skills, and his anger at the government's refusal to cover his expenses in North Africa. He also described how Jefferson had ignored his repeated warnings. But when pressed, Eaton could only describe Burr's intent to commit treason, not the overt act that Marshall required. Eaton's testimony was strong, and in the ears of many, damning. But Aaron Burr was not about to go down without a fight.

• 23:12Lindsay Graham?

  Imagine it's August 18th, 1807, in the spacious Hall of Delegates on the second floor of the state Capitol in Richmond, Virginia. You're a witness for the prosecution in the trial of Aaron Burr, and you've just finished answering questions about your conversations with Burr in early 1806. You hope and believe your testimony will help ensure he's convicted. But now Burr rises from his seat to cross-examine you. You take a deep breath as his steely gaze meets yours. Now, sir, you spoke earlier of my revolutionizing the western states. How did you understand that the Union was to be separated? Well, Mr. Burr, from my conversations with you, I understood that the Army and General Wilkinson were ready to act at your signal, and that together, along with the recruits you had assembled,

• 23:57Lindsay Graham?

  you would compel the territories to agree to separate. You seem to consider New Orleans as already in your possession. You said that from there, you would make conquests and consolidate your empire. Burr nods, his expression perfectly serene. And was it after all of this that you spoke to the President? And recommended me for a diplomatic position? Well, yes, but only to remove you. You were a dangerous man. I thought he was the only way to avert a civil war. Did you ever try to warn the public about me? Yes, many times. I even gave a speech about your plot to dismember the Union. And where did this speech occur? Uh, I, I, I cannot say. You balance your leg nervously, searching for the memory, but you're feeling increasingly flustered.

• 24:43Lindsay Graham?

  Burr, though, looks as calm and composed as ever. You also spoke of a financial issue with the government. Did the government demand money from you? No, no, I demanded money from them. I spent in the service of the United States on the Barbary Coast, and I was told that Congress would authorize a reimbursement. But when I returned to Washington, Congress refused to honor my expenses. I see. What was the outstanding balance? These questions are getting uncomfortable. You feel sweat forming on your brow, and look toward Justice Marshall. Your Honor, is, is this a proper question? Marshall nods, gestures at you to proceed. All right, well, I cannot say to the exact cent or dollar, but I've received about $10,000 in reimbursement. $10,000, a considerable sum.

• 25:27Lindsay Graham?

  And when exactly did the government reimburse you? I was paid five months ago, last March. Last March, I see. Just at the very moment that the government was assembling its witnesses. The spectators murmur in surprise, while the jurors exchange glances. Your heart races as you realize that Burr has just implied that the Jefferson administration is paying for your testimony. You fear that by letting this traitor get the better of you, you may have just undermined the prosecution's case.

• 26:00Lindsay Graham?

  During cross-examination, star witness William Eaton fumbled his testimony. He could not remember relevant dates or locations. Burr and the other defense lawyers questioned him about his grudge against the government, too, and a large payment he had received recently, using these details to portray him as an unreliable witness. His testimony was ultimately a disaster for the prosecution. The next day, Colonel George Morgan and his sons testified about Burr's visit to their Pennsylvania home in August 1806. The Morgans describe Burr's treasonous talk over dinner, including his ambition to seize control of Washington. The testimony was shocking, but all it did was inform the jury about Burr's character and his intent to commit treason.

• 26:44Lindsay Graham?

  The prosecution still needed to provide evidence that Burr had committed an overt act of levying war. To do that, prosecutors called a stream of witnesses who described the preparations that took place on Blennerhassett Island on December 10, 1806. Their focus on the island was driven by Jefferson's desire to try Burr in Virginia. It was the only place within Virginia's jurisdiction that had a clear connection to Burr's plot, and the prosecution hoped to paint a picture of a military force gathering on the island. But the accounts of only 30 men, some armed, some not, did not appear to amount to much of a force, and no witnesses testified to seeing Burr on the island. He was 100 miles away in Kentucky on that day.

• 27:28Lindsay Graham?

  Burr, with his keen legal mind, saw the weakness in the prosecution and an opening for his defense. On August 20, he interrupted the trial and asked the court to dismiss any further evidence not related to the events of December 10, 1806. Burr's motion unleashed days of heated argument. But after all the speeches were heard on August 29, Marshall handed down a decision that would determine the trial's outcome, and with it Burr's fate. In a three-hour summation, Marshall approved Burr's motion and instructed the jury to only discuss evidence showing that an act of war against the United States had been conducted on Blennerhassett Island. Marshall declared, "No man can be convicted of treason who was not present when the war

• 28:13Lindsay Graham?

  was levied." Prosecutors found themselves hamstrung. They had planned to question more than 100 additional witnesses, but Marshall's ruling made their testimony worthless. Prosecutor George Hay grudgingly told the court he had nothing more to say. Marshall's ruling effectively destroyed the government's case, and it left the jury with no other choice but acquittal. The next day, after only 25 minutes of deliberation, the jury delivered their verdict. The foreman read the decision aloud, declaring, "We of the jury say that Aaron Burr is not proved to be guilty under this indictment by any evidence submitted to us. We therefore find him not guilty." The carefully worded verdict hinted at the jury's disappointment in issuing an acquittal, but Burr had beaten the treason charge.

• 28:58Lindsay Graham?

  Still, his misdemeanor charge of violating the Neutrality Act was pending. On September 9, he was tried for planning to wage war on Spain. More witnesses testified over the next few days. But only a few days later, on September 14, Marshall delivered another major blow to the prosecution. He objected to the introduction of evidence related to Burr's activities in Ohio and Kentucky, insisting that only acts within Virginia's jurisdiction were relevant. Again, Marshall had rendered the bulk of the prosecution's evidence inadmissible. The next day, the jury acquitted Burr again. Aaron Burr was now a free man, but many Americans had come to their own conclusion, condemning him as a traitor.

• 29:40Lindsay Graham?

  A Philadelphia newspaper declared the trial a farce with an article headlined, "Burr Acquitted, Though Guilty." President Jefferson was furious. He blamed Marshall for Burr's acquittal, declaring, "It now appears we have no law but the will of the judge." In a letter to General Wilkinson, Jefferson said that Marshall's ruling was equivalent to a proclamation of impunity to every traitorous combination which may be formed to destroy the Union. Jefferson even considered asking Congress to impeach Marshall. Aaron Burr had survived grand jury investigations in Kentucky and Mississippi, and he had now won two trials in Virginia. But President Jefferson would not relent. He urged prosecutor George Hay to try Burr again, this time in a more western court.

• 30:24Lindsay Graham?

  Following the president's instructions, Hay asked Justice Marshall to hold Burr for committing treason in a western jurisdiction. Describing Burr's military array and warlike posture as he traveled down the Cumberland, Ohio, and Mississippi Rivers in December 1806 and January 1807. Marshall rejected the treason argument, but he believed there was sufficient evidence to try Burr in an Ohio federal court for violating the Neutrality Act. So on October 20th, he ordered Burr to appear before a federal grand jury in Chillicothe, Ohio, to defend himself yet again. Burr did not relish fighting for his freedom again in court, but it was the court of public opinion that perhaps could put him in the most jeopardy.

• 31:06Lindsay Graham?

  As he made one last desperate attempt to repair his shattered reputation, Burr found himself shunned as a political pariah. And once again, he had no choice but to go on the run.

• 31:22Speaker 05

  Imagine you're reading Pride and Prejudice, except you're not reading it. Harris Dickinson and Marissa Abella are reading it to you on Audible. Her barbs sting you. His coldness sends a shiver up your spine. Your heart aches. Your ears burn. You yearn for Elizabeth and Mr. Darcy to profess their undying love for one another. You can't bear it any longer. Well, maybe a chapter longer. Performance is so good, you'll give love a second chance. Audible. Stories that speak to you.

• 31:53Speaker 06

  There are books that change how you see the world, and there are books that change how you see yourself. In a new podcast series, A Great Book with Barack Obama, President Obama sits down with a series of surprising and sharp guests to explore six books that have shaped his life and perspective on the world. From Song of Solomon and the Fire Next Time, to All the Pretty Horses and Gilead, the president is joined by guests like Tom Hanks and Ta-Nehisi Coates to reflect on how these timeless stories shaped his thinking on everything from fatherhood to leadership, and discover together what they tell us about the world we live in and the world we want to create.

• 32:36Speaker 06

  Audible subscribers can listen to all episodes of A Great Book with Barack Obama ad-free right now, plus access each audiobook discussed in the series. Download the Audible app today.

• 32:48Lindsay Graham?

  In late October 1807, Aaron Burr left Richmond and headed north to Baltimore. There, he was met by 1,500 angry residents marching in the streets, brandishing effigies of him and setting them on fire. For many Americans, Burr's acquittal meant very little. He was still widely seen as a traitor who had plotted to overthrow the US government. So Burr was forced to sneak out of Baltimore by boarding a mail coach. From there, he traveled to Philadelphia, where he was angrily confronted by a former ally, Harmon Blennerhassett, owner of the island where Burr's militia had assembled.

• 33:33Lindsay Graham?

  Blennerhassett demanded that Burr repay him for the money he had lost funding Burr's conspiracy. He'd been forced to sell his namesake island to pay off his debts. But Burr had nothing to give him. He was penniless, dodging creditors left and right. But in November, Burr received more favorable legal news. He learned that New Jersey had dropped the 1804 indictment against him for killing Alexander Hamilton. Still, he could not return to his law career because no client would hire him. He was also still under indictment in New York for Hamilton's murder and guilty of treason in the court of public opinion. Facing dim prospects, Burr sank into a depression, spending much of his time alone, out of public view.

• 34:16Lindsay Graham?

  One friend feared that Burr would end his sufferings with a pistol. Then in January 1808, legal troubles percolated again. A grand jury of Ohio frontiersmen indicted Burr once again for violating the Neutrality Act. But Burr was resolute in his decision not to appear in court in Ohio, and the government eventually abandoned the case. By this time, President Thomas Jefferson seemed unconcerned by his inability to convict Burr of treason. The former vice president's disappearance from public life was victory enough. In February 1808, Jefferson wrote to prosecutor George Hay, declaring, "Burr has become absolutely invisible. There are conjectures of his being in Philadelphia, but nobody can say they have seen him."

• 34:59Lindsay Graham?

  And it was true, Burr was keeping a very low profile as he resolved to start over. He was desperate to escape his creditors, and he still dreamed of returning to power. So he set his sights on Europe, hoping he could find new allies to help him seize Spanish lands in Mexico. He knew his chances were slim, but he felt he had nothing to lose. So on the evening of June 9, 1808, Aaron Burr set sail for England. He would not stay there long. In April 1809, officials expelled him from the country for making a false claim to British citizenship. So Burr sailed next for Sweden, then traveled through Denmark and Germany. Everywhere he went, his reputation preceded him.

• 35:41Lindsay Graham?

  He wrote in his diary, "I find that all are hostile to Aaron Burr. What a lot of rascals they must be, to make war on one whom they do not know, on one who never did harm or wished harm to a human being." Burr eventually decided to seek his fortunes in France, hoping to make an alliance with the Emperor Napoleon. By February 1810, he was in Paris, holding meetings with Napoleon's Foreign Minister and writing up new schemes for seizing Spanish territory. He even proposed a plan to wrest Canada from British control. But Burr never heard anything from the Emperor despite waiting months. By the end of July, he gave up. He was ready to return home. But Napoleonic France at this time was a tightly controlled totalitarian state.

• 36:24Lindsay Graham?

  Foreigners were not allowed to freely come and go. Burr had to spend months compiling the paperwork required to leave before he realized he needed proof of US citizenship. His attempts to acquire that proof would bring him face to face with a former adversary. Imagine it's October 1810. You're in your office in the American Embassy in Paris, where you've been working as a consular official since you left your job as a lawyer in Virginia. At first, you were excited to take a position abroad, but the work itself is tedious. Paperwork is piled high on your desk, and you suppress a yawn as you complete yet another piece of mundane correspondence. Ah, come in.

• 37:08Lindsay Graham?

  Your secretary shows a man into the room. You register his slight build and high brow before meeting his gaze with utter surprise. The man before you is Aaron Burr, the former vice president and the man you tried to prosecute for treason three years ago. Despite your shock at seeing him in your office, you compose yourself. Mr. Burr, we meet again. Have a seat.

• 37:34Lindsay Graham?

  Burr nods and pulls up a chair across from your desk. Thank you for your time. To what do I owe this pleasure? I need assistance. I'm ready to return to the United States, but I find myself marooned here in France. How so? I'm trapped in a bureaucratic maze. I've spent months gathering the documents I need to leave this inhospitable country, but the last step is for me to acquire a certificate of US citizenship. And I'm hoping you can help me with that. You lean back in your chair. This is the most exciting thing that's happened to you since you came to Paris. Well, I see. Ah, Mr. Burr, I'm afraid it's my duty to decline your request. Burr's face flashes. You have no right to deny me the ability to return home.

• 38:18Lindsay Graham?

  You shrug and take a sip of your tea, peering at Burr above your cup. Well, I have every right. You're still under indictment in the state of New York, are you not? A man who evades the laws of his country abandons any right to its protections. No, no, no, you're doing this out of spite. I will have to take this up with your superior. Mr. Burr, go right ahead. I'll also be sure to discuss the matter with him myself. In fact, I might propose to him a solution to your problem. Ah, and what is that? I imagine we could furnish you with the paperwork you need if you agree to surrender yourself upon your return. Stand trial for the murder of Alexander Hamilton. Burr shoots out of his chair, a look of disgust on his face. You insult me, sir.

• 39:03Lindsay Graham?

  We'll see what your superior thinks when I tell him about your appalling treatment of a US citizen and former vice president.

• 39:10Lindsay Graham?

  Burr turns on his heels and storms out of your office. Three years on, you're still frustrated that you were unable to convict him of his crimes. But now, perhaps you can rest easier, knowing that you've had a hand in prolonging his exile.

• 39:26Lindsay Graham?

  In the fall of 1810, a consular official named Alexander McRae refused Burr's request for a certificate of US citizenship. McRae had been one of the prosecutors at Burr's treason trial and had no interest in helping a man he believed had escaped justice. When Burr appealed the decision, McRae's superior told him that he would only authorize his return to the United States for the purpose of standing trial for the murder of Alexander Hamilton. So stuck in France, Burr was forced to scrape by. Finally, in July 1811, with the help of a sympathetic French official, Burr obtained the document he needed. But when he set sail in September, British warships forced his ship to land in England. Burr was stranded

• 40:08Lindsay Graham?

  there for additional months, and it was not until June 1812 that he finally returned to New York. By then, the New York murder indictment had been dropped. But not long after his return, Burr received two devastating personal blows. That summer, his 10-year-old grandson died of malaria. Then on New Year's Eve 1812, his beloved daughter Theodosia sailed for New York to reunite with her father after his many years in Europe, but she never made it. Her ship was lost at sea. After these two tragedies, Burr wrote that he felt severed from the human race. He spent the next two decades in New York. He managed to revive his law practice and took in several

• 40:50Lindsay Graham?

  children as wards, but he lived a reclusive existence, never reclaiming the standing he once had in public life. On September 14, 1836, Aaron Burr died of a stroke. He was 80 years old. Though there were many juries and several trials, only one of Burr's co-conspirators was ever convicted of a crime. One Indiana militia officer was sentenced to just three hours in jail for violating the Neutrality Act. But for many others, association with Burr destroyed their reputations. Armin Blennerhassett was reduced to poverty, and after he died, his widow lived out the rest of her days in a New York tenement. In 1810, Congress launched an investigation into General James Wilkinson's alleged spying

• 41:35Lindsay Graham?

  activities for the Spanish Crown. The investigation was inconclusive, but the following year, he faced a court martial over his involvement with Burr. In that, he was cleared of wrongdoing, but there were still persistent rumors about Wilkins' duplicity, his true involvement with Burr, and his loyalty to the United States. It would be decades, though, before historians discovered definitive proof that he was a paid spy for the Spanish Crown, known as Secret Agent Number 13. Theodore Roosevelt later declared of Wilkinson, "In all our history, there is no more despicable character." Aaron Burr plotted to break the Union apart. Instead, he proved its strength.

• 42:17Lindsay Graham?

  Despite all his efforts, he found very few allies willing to abandon the United States and join his conspiracy. Burr's trial gave further proof of the young nation's stability and resilience. Chief Justice John Marshall demonstrated a steadfast commitment to individual rights and the rule of law, establishing the principle that even the most controversial defendants are entitled to a fair trial. And over the next several decades, the growing United States would succeed where Burr had failed, aggressively seizing new territory and expanding its borders. When Sam Houston established the Independent Republic of Texas in 1836, the 80-year-old Burr exclaimed, "I was only 30 years too soon. What was treason in me 30 years ago is patriotism now."

• 43:02Lindsay Graham?

  For the past two centuries, confusion and debate has lingered over Burr's true intentions for the West. Secrets and conflicting stories cloaked his conspiracy in mystery. To this day, Burr's goals and motives are debated, but most agree he did hope to carve an independent empire out of the Western Territories and Mexico. And in his efforts to create that empire, Burr took on many roles. He was a soldier, a statesman, a settler, but in the end Burr would only have a darker legacy. He would forever be remembered as one of America's greatest villains, a man who tried and failed to tear the Union apart.

• 43:41Lindsay Graham?

  From Wondery, this is episode four of our four-part series, The Insurrection of Aaron Burr for American History Tellers. Next on American History Tellers, we're bringing back another fan favorite, our series on the California Gold Rush. In 1848, the discovery of gold sent people from around the world flocking to California, hoping to strike it rich. In the ensuing frenzy, San Francisco became a boomtown, and fortunes were made and lost virtually overnight. But for many of California's inhabitants, the mines had a dark side.

• 44:15Lindsay Graham?

  American History Tellers is only possible because of listeners like you, so thank you. And don't miss an episode. Be sure to follow American History Tellers on Audible or wherever you get your podcasts. Audible subscribers can binge new seasons of American History Tellers early and ad-free right now. Join Audible in the Audible app or by subscribing on Apple Podcasts. And to find out more about me, including my other podcasts, my live show, the history tours I'm arranging, and all sorts of other things, go to historyishuman.com. That's historyishuman.com.

• 44:50Lindsay Graham?

  American History Tellers is hosted, edited, and produced by me, Lindsay Graham for Airship. Audio editing by Molly Bach. Sound design by Derek Behrens. Music by Lindsay Graham. This episode is written by Ellie Stanton, edited by Dorian Marina, produced by Alita Rozansky. Our production coordinator is Desi Blalock, managing producer Matt Gant, senior managing producer Tonja Thigpen, senior producer Andy Herman. Executive producers are Jenny Lauer Beckman and Marsha Louis for Wondery.

• 45:23Lindsay Graham?

  By 1779, Benedict Arnold had sacrificed more for the revolution than almost any other man in America. One of George Washington's most effective commanders, he had nearly lost a leg in the Second Battle of Saratoga. But in return, Arnold believed he had been humiliated by Congress and cheated of his glory by lesser men, so he decided to make them pay. Hi, I'm Lindsay Graham, the host of the podcast American Scandal. We bring to life some of the biggest controversies in US history, presidential lies, environmental disasters, corporate fraud. In our latest series, Benedict Arnold turns his back on his comrades in the Continental Army and secretly defects to the British. With the help of his wife, he plots to hand over the most important colonial fortress

• 46:07Lindsay Graham?

  to the enemy and doom the revolution he once served. Follow American Scandal wherever you get your podcasts. Audible subscribers can binge all episodes of American Scandal early and ad-free right now. Join Audible on the Audible app or by subscribing on Apple Podcasts.