In 1800 Aaron Burr was just moments away from being elected President.
Aaron Burr and Thomas Jefferson both received with 73 electoral votes,
but in then end, when the House casted it's 36th and final vote,
Jefferson prevailed. Aaron Burr would become Vice President. And as
history would play out, he would become the worst vice president ever.
First in 1804, Vice President Burr mortally wounded Alexander Hamilton
in a duel, and was charged with murder in both New York and New Jersey.
But as a sitting vice president neither ever went to trial.
Then in 1805, the federal District Attorney from Kentucky brought charges against Burr, claiming that he intended to make war with Mexico. But with the help of his young attorney Henry Clay (whom Lincoln later would come to admire), Burr was able to have the case dismissed. Also, in 1805 President Johnson received an anonymous tip that Burr "is mediating the overthrow of your administration". In fact, Aaron Burr was concocting a plot with the commander-in-chief of the U.S. Army (James Wilkinson) to seize the Louisiana Territory and establish and independent empire. Burr had contacted the British government for support, but was tuned down. So with private backing, Burr trained and armed a small force. In the fall of 1806, Burr was to lead his army toward New Orleans.
But by then, Jefferson and his cabinet had begun to take notice of the political instability in the West. It was at this time that Wilkinson had shared letters with Jefferson from Aaron Burr regarding Burr's treasonous plans. The letters had been edited to demonstrate Burr's guilt and Wilkinson's innocence. Thomas Jefferson ordered the arrest of Burr, and warned authorities in the West to be on the lookout for suspicious activities.
Jefferson was on the lookout, but there was little he could do to prevent it. In his 1806 address, Jefferson expressed his frustration for lacking the legal authority to capture and arrest Aaron Burr before he committed an act of treason. The sixth amendment granted all U.S. citizens the right to a trial by a jury of peers, regardless of assumed guilt or innocence. Jefferson agreed, but in cases of treason, the laws were written so narrowly that even though the government was aware of Burr's actions, they could not act on it. In 1806, the law of treason was defined very narrowly and it was very difficult to convict someone of treason. Article III, section 3, of the Constitution provides that “Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.”
Jefferson was aware that Aaron Burr was engaging in a conspiracy to overthrow his administration, yet he had no power to prevent the crime. In fact, the way the laws were written, the U.S. government had the power to act on a tip that a U.S. citizen was conspiring against a foreign nation, but not for conspiracy against the United States. Jefferson reasoned, that if it is wise to have laws that prevent the commission of treason against a foreign nation, than would it not be reasonable to "
reasonable and useful where the enterprise preparing is against the United States?
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Then in 1805, the federal District Attorney from Kentucky brought charges against Burr, claiming that he intended to make war with Mexico. But with the help of his young attorney Henry Clay (whom Lincoln later would come to admire), Burr was able to have the case dismissed. Also, in 1805 President Johnson received an anonymous tip that Burr "is mediating the overthrow of your administration". In fact, Aaron Burr was concocting a plot with the commander-in-chief of the U.S. Army (James Wilkinson) to seize the Louisiana Territory and establish and independent empire. Burr had contacted the British government for support, but was tuned down. So with private backing, Burr trained and armed a small force. In the fall of 1806, Burr was to lead his army toward New Orleans.
But by then, Jefferson and his cabinet had begun to take notice of the political instability in the West. It was at this time that Wilkinson had shared letters with Jefferson from Aaron Burr regarding Burr's treasonous plans. The letters had been edited to demonstrate Burr's guilt and Wilkinson's innocence. Thomas Jefferson ordered the arrest of Burr, and warned authorities in the West to be on the lookout for suspicious activities.
Jefferson was on the lookout, but there was little he could do to prevent it. In his 1806 address, Jefferson expressed his frustration for lacking the legal authority to capture and arrest Aaron Burr before he committed an act of treason. The sixth amendment granted all U.S. citizens the right to a trial by a jury of peers, regardless of assumed guilt or innocence. Jefferson agreed, but in cases of treason, the laws were written so narrowly that even though the government was aware of Burr's actions, they could not act on it. In 1806, the law of treason was defined very narrowly and it was very difficult to convict someone of treason. Article III, section 3, of the Constitution provides that “Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.”
Jefferson was aware that Aaron Burr was engaging in a conspiracy to overthrow his administration, yet he had no power to prevent the crime. In fact, the way the laws were written, the U.S. government had the power to act on a tip that a U.S. citizen was conspiring against a foreign nation, but not for conspiracy against the United States. Jefferson reasoned, that if it is wise to have laws that prevent the commission of treason against a foreign nation, than would it not be reasonable to "
reasonable and useful where the enterprise preparing is against the United States?
"In a country whose constitution is derived from the will of the people, directly expressed by their free suffrages; where the principal executive functionaries and those of the legislature are renewed by them at short periods; where under the character of jurors they exercise in person the greatest portion of the judiciary powers; where the laws are consequently so formed and administered as to bear with equal weight and favor on all, restraining no man in the pursuits of honest industry and securing to everyone the property which that acquires, it would not be supposed that any safe-guards could be needed against insurrection or enterprise on the public peace or authority. The laws, however, aware that these should not be trusted to moral restraints only, have wisely provided punishment for these crimes when committed. But would it not be salutary to give also the means of preventing their commission? Where an enterprise is meditated by private individuals against a foreign nation in amity with the United States, powers of prevention to a certain extent are given by the laws. Would they not be as reasonable and useful where the enterprise preparing is against the United States? While adverting to this branch of law it is proper to observe that in enterprises meditated against foreign nations the ordinary process of binding to the observance of the peace and good behavior, could it be extended to acts to be done out of the jurisdiction of the United States, would be effectual in some cases where the offender is able to keep out of sight every indication of his purpose which could draw on him the exercise of the powers now given by law."In the end, James Wilkinson betrayed Burr, and he was captured in Louisiana. He was taken to Richmond, Virginia to stand trial for treason. In 1807, he was a acquitted on a technicality. He was a free man again! James Wilkinson was twice investigated by Congress, but was allowed to return to his military command in New Orleans.
http://
http://en.wikipedia.org/
http://
http://www.pbs.org/wgbh/
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