-Caveat Lector- Treason in America -- From Aaron Burr to Averell Harriman ANTON CHAITKIN (C)1984 New Benjamin Franklin House P. O. Box 20551 New York, New York 10023 ISBN 0-933488-32-7 --[5]-- -5- The Murderer Marches West Among the pro-British merchant families who connived at the dismantling of the young American republic were the Livingston clan of New York. The Scottish Livingstones were a rugged bunch. Edmund Burke told the story (retold by Edward Livingston's biographer C.H. Hunt(1)) of Sir Alexander Livingstone, who was appointed in 1449 Justiciary of Scotland and Ambassador to England. Livingstone asked an opponent, the Earl of Douglas, to sup at the royal table, in the castle of Edinburgh. Since Livingstone was the guardian of the young King James II of Scotland, and the boy sovereign was to be present at the table, Douglas felt secure. After he was seated, servants brought in the freshly severed head of a black bull and placed it in front of him. The Earl tried to escape but he, his brother, and a friend were captured and beheaded. The fifth Lord Livingstone was one of the two guardians of Mary Stuart, Queen of Scots. The grandson of the seventh Lord Livingstone was one of two Scotsmen to negotiate with Charles II for his accession to the Scottish throne as well as the English. Later the Livingstones revolted as "Jacobites" against the rule of William III and the later House of Hanover, in favor of the continuing claim of the Stuarts. The clan was stripped of much of its power, titles, and lands, and retained little love for the reigning monarchs of England. The first Livingstone in America, son of a Scotsman exiled to Holland, dropped the final "e" from the family name. This Robert Livingston set up a baronial estate north of Albany on the Hudson River. He continued the family's penchant for unusual forms of violence, by convincing the English government to issue a commission to his protege Captain William Kidd.(2) The Livingston family of New York, intermarried with the Smith family of New York and Canada, the Lee family of Virginia, and the Shippen family of Pennsylvania, provided both patriotic fighters to the cause of the American Revolution—and others who played a bizarre part in the subversion of American independence. This group aided Aaron Burr's treason, and they helped to restore a subterranean, growing British power in New York and America. The virtual coup d'etat carried out in 1782-83 by British intelligence overlord William Shelburne, by which Scottish political boss Henry Dundas and feudal theorist Adam Smith shared Shelburne's power in Britain, encouraged such exile Scots to come back to the British fold. Robert Livingston had served on the committee of the Continental Congress which drew up the Declaration of Independence. In 1783, the leader of the Masonic organization of the British army in New York(3) was Grand Master William Walter, who was soon to make a forced departure to the Tory exile station of Nova Scotia. Walter arranged that the leadership of this Masonic organization—now no longer to be officially associated with the British army—would be put in the hands of Robert Livingston. The latter was installed Grand Master of the Grand Lodge of New York by William Cock, Walter's temporary replacement, on February 4, 1784, just before Grand Master Cock also left with the departing British troops. >From 1798 to 1800, Burr's law client John Jacob Astor was treasurer of the New York Grand Lodge. From 1801 to 1803, Robert Livingston's younger brother Edward, who was also mayor of New York, and, by virtue of Burr's designation, district attorney, served as Deputy Grand Master. Burr's intimate friend and brother-in-law Tapping Reeve, of the Litchfield Law School, was busy enlisting recruits for the movement to separate New England from the Union. He wrote enthusiastically to Connecticut Senator Uriah Tracy that "all I have seen and most I have heard from believe that we must separate and that this is the time."(4) Another Burr confidant, strategically situated in Boston and a friend to that city's bankers and politicians, was Burr's personal physician, William Eustis. The doctor entered politics after a good deal of prodding; in 1802 he defeated John Quincy Adams for Congress and sat in Washington beside his friend the Vice-President. As a conduit to the New England pro-British party, Eustis would be useful to Burr's organization a decade in the future, when he would be the U.S. Secretary of War during the War of 1812. Colonel Charles Williamson of British military intelligence was 0 relieved of his upstate New York assignment as manager of a million acres of land on the frontier, and moved into one of the New York City houses of the new Vice-President, where he lived in 1801 and 1802. The following year he sailed back to London, to confer with British special operations chief Henry Dundas, Prime Minister Pitt, and others about the military activation of British agents in North America. Williamson's two responsibilities were Colonel Aaron Burr and General Francisco de Miranda, both of whom were to lead military expeditions on behalf of the British. Williamson returned to New York with a new British ambassador to the United States, Anthony Merry; they arrived at the same time, perhaps on the same boat. At a dinner meeting in Washington early in 1804, Senators Timothy Pickering and William Plumer of New Hampshire, and Senators James Hillhouse and Uriah Tracy and Representative Roger Griswold of Connecticut, spoke to Vice-President Burr about their plans for secession. Senator Hillhouse told Burr at that meeting that "the United States would soon form two distinct and separate governments."(5) Henry Adams, the Anglophile historian of the early 19th century, wrote that the new British ambassador "meddled" and encouraged this and other plots against the American Union out of spite against President Jefferson. But the huge web of associations that Aaron Burr maintained with the British-Swiss secret service organization—one part of which is shown on the chart on page 91—must demonstrate to the impartial reader that Mr. Merry was no "foolish diplomat." The Death of Hamilton Aaron Burr's New York organization had provided the margin of victory for the Democratic-Republicans in the 1800 national elections. But Burr had been immediately isolated within the administration by President Jefferson (though never by Treasury Secretary Gallatin), and he was to be dropped from the reelection ticket in 1804. Burr's place as Vice-President was to be taken by New York's Governor George Clinton. The plan of the pro-British party was now to elect Aaron Burr governor of New York, where he was to lead that state, and possibly New Jersey and Pennsylvania, out of the Union along with the otherwise weak New England states. Again, Alexander Hamilton plunged in with passionate intensity at the crucial moment, denouncing Burr; and though his own Federalist Party endorsed Burr for governor, Hamilton called for the election of his Republican opponent. By pulling out all the stops, by ignoring all the niceties, Hamilton managed to disturb enough otherwise sleepy people that Burr was soundly defeated. All irrelevant "psychological" explanations aside, the plain fact was that Burr could accomplish little to the detriment of the United States from this point on if Alexander Hamilton remained alive. So Burr killed him. Why Hamilton went along with the duel proposed by Burr— whether to accommodate "popular prejudices," as Hamilton's last writings indicate, or as a deliberate self-sacrifice calculated to end Burr's career, or as a blind action based on Burr's manipulation of some weakness in Hamilton's character—or whether Hamilton really intended to win the duel had his gun not misfired, as some historians claim, may never be known. The fact remains however, that Aaron Burr killed Alexander Hamilton, the founder of the independent economic system of the United States; and deliberately killing another person was then, as now, against the law, whether in a duel or otherwise. Burr should rightfully have been punished for murder. Hamilton was shot on July 11, 1804, and died the following day. On July 20, 1804, while Burr awaited the coroner's findings, John Jacob Astor made available $41, 783. The following morning, Burr fled New York. During the period 1803 to 1805, Astor "expended in purchases from Burr . . . a little over $116,000. " In return Burr transferred to Astor title to very valuable Manhattan real estate—which was not Burr's property.(6) Burr now proceeded to Philadelphia, where he conferred with Colonel Charles Williamson of British intelligence. Williamson was Burr's law client, his partner in the New York state legislature, and key agent in New York State since 1792. After the Burr-Williamson conference, the following letter was sent by the proud British Ambassador Anthony Merry to his home office in London—it was fished out of the British archives later on in the nineteenth century by historian Henry Adams: I have just received an offer from Mr. Burr, the actual Vice-President of the United States, to lend his assistance to his majesty's government in any matter in which they may think fit to employ him, particularly in endeavoring to effect a separation of the western part of the United States from that which lies between the Atlantic and the mountains, in its whole extent. His proposition on this and other subjects will be fully detailed to your lordship by Colonel Williamson, who has been the bearer of them to me, and who will embark for England in a few days.(7) The letter is dated August 4, 1804, less than a month after the killing of Hamilton. Burr was by this time under indictment in New York and New Jersey. But already the Burr organization was plastering over the skeleton in the closet. Morgan Lewis, Governor of New York and brother-in-law of Robert and Edward Livingston, denounced the indictment of Burr as "disgraceful, illiberal, and ungentlemanly. " The Burr legal and public relations machine succeeded in reducing the New York State murder charge to a misdemeanor; the New Jersey murder indictment stood. Burr traveled surreptitiously southward. He received a warm reception and had a lively set of conferences with his son-in-law, Joseph Alston, owner of possibly the largest plantation in South Carolina; with Senator Pierce Butler, Burr's close friend, who had threatened a dissolution of the Union in the First Congress, on June 11, 1789; and with other "forefathers" of the Confederacy. Returning now to Washington, Aaron Burr resumed his chair in the Senate as presiding officer, as Vice-President! Legally he could not be touched—he had immunity from state-level prosecutions as long as he was Vice-President and on federal territory. Politically, the, hand of the administration was extended to him, in the person of Secretary of the Treasury Albert Gallatin. Burr's Swiss cousin Gallatin met repeatedly with the fugitive Vice-President, while writing that "unquenchable hatred of Burr and federal policy have combined in producing an artificial sensation much beyond what might have been expected; and a majority of both parties seem disposed . . . to deify Hamilton and to treat Burr as a murderer. The duel, for a duel, was certainly fair."(8) Jefferson was convinced that Burr's services were yet needed, and could be used, as presiding officer in the Senate: an impeachment trial was pending in that body for Federalist Judge Samuel Chase, one of the judicial officers Jefferson wanted to purge to clear the decks for his own party. With Albert Gallatin's timely advice, the President gave Burr three appointments which would supposedly secure Burr's aid against Judge Chase: •General James Wilkinson, Burr's collaborator since the Conway Cabal against George Washington—and now the highest-ranking U.S. Army officer since the death of General Alexander Hamilton—was made governor of Upper Louisiana Territory. •John Bartow Prevost, Burr's stepson and a Swiss oligarchical assassin by heredity and association, was made judge of the Territorial Superior Court at New Orleans. •James Browne, brother-in-law of Burr's deceased wife—the Brownes and the Burrs had been married in a double wedding ceremony—was made secretary of the Upper Louisiana Territory. Burr's Louisiana appointees joined an entire Burr organization that had been accumulating in that region since it had left Spanish jurisdiction. Napoleon Bonaparte had thrown a monkey wrench into British plans for taking over the Western Hemisphere in 1803. He had obtained the entire middle area of North America from the Spanish—the Louisiana Territory, stretching from the present state of Louisiana in a broadening triangle up to the Canadian border. He had then sold the entire territory to the United States, which had been hoping to obtain only a small piece. As a result, the job of the British agents had become more complicated attacking and conquering Louisiana would now mean attacking the United States. James Workman, author of the British government memorandum on the conquest of the Western Hemisphere, left Charleston, South Carolina, and traveled to New Orleans, where he managed to have himself appointed judge of New Orleans County. Edward Livingston, New York's mayor and district attorney, and confederate of Burr and Gallatin, quit his posts, accepted $12,000 from John Jacob Astor,(9) and went to "start life anew" in Louisiana. "Judge" Workman and Edward Livingston became the leaders of an organization known as the Mexican Association. The group's program was explained to new recruits by Workman and his Irish immigrant operatives, as reported in Thomas P. Abernethy's exhaustive book, The Burr Conspiracy: Baton Rouge was to be seized, the Mexican standard then was to be raised, troops collected, and a British naval force from New Providence in the Bahamas assembled on Lake Ponchartrain. Arms were to be sent up to Fort Adams, a post that might be captured to serve as a base of operations.... After the capture of Baton Rouge, the money in the banks and the shipping in the river at New Orleans were to be seized, in order to organize an expedition to join Miranda by way of Mexico. (10) The conspiracy to attack and seize the U. S. territory of Louisiana, and to set up an as-large-as- possible western buffer state under British protection, was the operative version of the British plan of 1800, committed to writing by James Workman. The French minister in Washington, Louis Marie Turreau, wrote home to Foreign Minister Talleyrand: Louisiana thus is going to be the seat of Mr. Burr's new intrigues; he is going there under the aegis of General Wilkinson. It is even asserted that he might find the means there already prepared by a certain Livingston . . . from New York City and who is closely associated with Burr.(11) Burr was not shy about obtaining aid from men and women of the cloth. In the words of Burr's executor, Matthew Davis: The Catholic bishop, resident at New Orleans, was also consulted, and prepared to promote the enterprise. He designated three priests of the order of Jesuits, as suitable agents, and they were accordingly employed.... Madame Xavier Tarjcon, superior of the convent of Ursuline nuns at New Orleans, was in the secret. Some of the sisterhood were also employed in Mexico. (12) Aaron Burr spent the years 1804 to 1806 preparing to lead combinations of American mercenaries and British naval forces in action commencing in the Midwest and proceeding through New Orleans. Tons of paper have been wasted, anguished millions of words have been strewn onto pages, speculating as to Aaron Burr's intentions in this business. Since Burr had no values or commitments in the ordinary sense, it is of far greater use to ascertain, as we have done, the intentions of his London patrons and employers. We have provided herein—for the first time since these events took place the lines of association between Burr, his partner and cousin Albert Gallatin, and the British secret service organization. Any other approach to the Burr "Western Conspiracy" runs into the problem of having to piece through evidence that was destroyed or tampered with by the participants, and later reported on by historians whose sympathies for British-American "re-association" should cast doubt on their zeal for digging into this matter. We will cite here only those facts, among a mountain of available data, which shed light on crucial future historical developments, and which serve to round out the picture of the main protagonists of this history. William Eaton, an American diplomat who had helped in the fight against the Barbary pirates, testified at Burr's 1807 trial "Mr. Burr inquired of me with what officers of the marine corps and of the navy I was acquainted. I told him with most of them. It is impossible for me to remember distinctly every adverb expressed to me in the course of conversation; but this I perfectly recollect, that if he could gain the marine corps, and secure to his interest the naval commanders, Truxton, Preble, and Decatur, he would turn Congress neck and heels out of doors, assassinate the President, (or what amounted to that,) and declare himself the protector of an energetic Government. If that distinct expression was not used, (though the impression is distinct on my mind that it was used in the course of conversation) yet he used such expressions as these: 'hang him, "throw him into the Potomac,"send him to Carter's Mountain.'....he said the blow must be struck, and if he struck it at that time and place, he would be supported by the best blood of America."(13) One of Burr's assistants on the Western project was eventually promoted for the Presidency of the United States under Burr's and Livingston's guidance. Andrew Jackson, Burr's friend from the Senate days, had provided Burr with hospitality, praise, recruits (including his own nephew), and the boats with which to transport the mercenary army Burr was assembling down the Ohio River. The collapse of the conspiracy seems to have been caused by the habit (intensely annoying to feudal oligarchs and their employees) of ordinary American citizens to speak out when they suspect that something is being done against the interests of their country. Among these was Joseph Hamilton Daveiss, district attorney for Kentucky, who wrote to President Jefferson on January 10, 1806, outlining the secession plot and asking for the dispatch of investigators. Eventually General Wilkinson decided to turn against Burr, apparently to save himself. He declared martial law in New Orleans and arrested Burr and several co-conspirators. Judge James Workman—described only as "an Englishman of three years residence(14) in the Abernethy account—released Burr and his associates and began attacking Wilkinson as a liar. But Burr was re-arrested, along with Workman and several other eligible characters. One of those taken and sent in chains to Washington was Dr. Justus Erich Bollman, Burr's go-between for European arms and financing, who had previously been employed by Jacques Necker's daughter Madame de Stael in smuggling operations within Revolutionary France. Edward Livingston, who had been installed as Grand Master of the Louisiana Masonic Lodge as soon as he arrived there, was in sufficient command of the affairs of the legal community to have all charges against himself dropped. All the main conspirators managed to get off as well. Burr's treason trial in Richmond, Virginia, was presided over by Supreme Court Justice John Marshall. Burr was acquitted, as the jury said, on the basis of the evidence with which they were presented. They insisted on that explicit verdict, despite protests from Burr's attorneys. In fact, the crucial evidence by which all historians today judge Burr's activities—such as the letter of British Ambassador Merry—was not available for consideration at that trial. Witness Andrew Jackson—who was not himself charged because he had earlier "warned" of Burr's designs—denounced the President for "oppressing" Burr. And Albert Gallatin's old friend, Paul Henry Mallet-Prevost! Burr's cousin, swore that he wasn't involved in the plot, and had refused to take part.(15) When he left the scene of the trial, Burr was a hated and a hunted man. He was wanted by mobs, to be lynched. He was wanted by several states, on charges including treason. Burr Goes to Britain Burr made his way to New York in disguise. After receiving tens of thousands of dollars in cash advances for his house from John Jacob Astor, he fled the country, June 7, 1808, on a ship bound for Nova Scotia. The British governor of Nova Scotia was Sir George Prevost, Burr's nephew by marriage, who was soon to be Governor General of Canada. Prevost welcomed Burr effusively, and gave him a royal send-off to England with a letter of introduction to the British Secretary of War Lord Castlereagh.(16) When Aaron Burr arrived in England, he swore to customs officials that he was "born within the King's allegiance and his parents British subjects." His purpose in coming to England? "I am known personally to Lord Mulgrave and [Prime Minister] Canning, to whom the motives for my visit have been declared. These reasons have long been known to Lord Melville"—special operations chief Henry Dundas. While in Britain, Burr divided his time between visits with his Mallet-Prevost relatives; with Jeremy Bentham, who gave Burr the entire use of his London house and servants; and with the Scottish nobility, who, under the leadership of Shelburne and Dundas, had poured the plague of opium upon Asia. Perhaps it is fitting that, while visiting his applauding patrons among the Jardines, the Hopes, and the Ogilvies, Burr was himself becoming addicted to opium. The diary Burr kept during the four years of his European exile(17) is enlightening from several standpoints. It contains the record of Burr's day-to-day relations with the British and continental noble families, whose hostility to the existence of the United States makes the document embarrassing to apologists for "Burr the loner." Its pornographic banality endless details of Burr's relations with prostitutes (prices, quality, etc.)—is shocking, considering the diary was written to be shown to his daughter Theodosia. Most importantly, the character of the man and his relations, when compared to that displayed in other men's diaries of the time—such as John Quincy Adams's splendid 12-volume record(18)—places Burr's apologists in a ridiculous light. It is quite understandable, though not excusable, that the diary of Aaron Burr would have found its way into the hands of New York Times founder Henry Raymond, to be suppressed by his family until 1903. pps 66-80 ----- 1. Hunt, Charles Havens, Life of Edward Livingston, Appleton and Company, New York. 1864. 2. The East India Company asked King William III for a privateer to be sent into the Indian Ocean. Livingston, New England's Royal Governor the Earl of Bellomont and five Englishmen bankrolled and outfitted Captain Kidd who "went too far" and attacked English ships. See John Knox Laughton "William Kidd," in Dictionary of National Biography, Oxford University Press, Oxford, England, 1921-22; and Frank Monoghan, "William Kidd,;Dictionety of American Biography, Charles Scribner's Sons, New York, 1933. 3. For New York masonic data see Lang, Ossian, New York Freemasonry, a Bicentennial History, 1781-1981; published by The Grand Lodge of Free and Accepted Masons of the State of New York; New York City, 1981. 4. Documents Relating to New England Federalism, Ed. Henry Adams, (first published 1877), reprinted by Burt Franklin, New York, 1969, pp. 342-43. 5. William Plumer to John Quincy Adams, Dec. 20, 1828, Documents Relating to New England Federalism, p. 144. 6. Porter, John Jacob Astor, Vol. II, p. 920 and 946. Quoting Porter: "in 1797 Burr was appointed chairman of a committee from the New York legislature to enquire into the affairs of Trinity Church. For some reason the investigation was never made, but on May 11, 1797, the chairman emerged as owner of the remainder of the Mortier lease. Burr, as always, was financially embarrassed, and obtained a mortgage on this lease for $38,000 from the Manhattan Bank, whose charter he had been responsible for procuring. Burr's extravagence . . . soon made it necessary for him to raise some more funds . . . to Astor he applied . . . on October 22, 1803, Astor bought for $62,500 the remainder of the Trinity lease . . . subject to the mortgage, which he satisfied on July 20, 1804, by paying $41,783. During that autumn and the following year Astor bought other lots and lease-remainders from Burr, to a total value of more than $12,000, an $8,000 purchase of a lease being made in the month after Burr's duel with Hamilton." Whether the $41,783 mortgage was "satisfied" by a payment directly through Burr, or to Burr's bank, the Manhattan Company, thence to Burr, somehow Burr was enabled to make his escape journey from New York to the South. 7. Anthony Merry to British Foreign Secretary Lord Harrowby, August 6, 1804, quoted in Adams, Henry, History of the United States of America in the First Administration of Thomas Jefferson, Charles Scribner's Sons, New York, 1921 Vol II, p 395. 8. Albert Gallatin to James Nicholson, July 19, 1804, Gallatin Papers. 9. Porter, John Jacob Astor, Vol II, p. 923. 10. Abernethy, Thomas Perkins, The Burr Conspiracy, Oxford University Press, New York, 1954, p. 25. 11. Parrnet, Herbert S. and Hecht, Mane B., Aaron Burr: Portrait of an Ambitious Man, MacMillian Company, New York, 1967, p. 240. 12. Burr, Memoirs, Vol II, p. 382. 13. Testimony of General William Eaton, Sept. 26, 1807, in American State Papers; Documents, Legislative and Executive, of the Congress of the United States, Gales and Seaton, Washington, D. C., 1834, Vol. I, p. 537. See also the statement to the jury by the United States Attorney for Virginia, George Hay: "To those in whom he confided, he asserted, that all the men of property and influence were dissatisfied with [the government's] arrangements, because they were not in the proper situation to which they were entitled: that with five hundred men he could effect a revolution by which he could send the president to Monticello, intimidate congress, and take the government of the United States into his own hands." Reports of the Trials of Colonel Aaron Burr . . . In The Circuit Court of the United States . . ., taken in short hand by David Robertson, Counselor at Law, Published by Hopkins and Earle, Fry and Kammerer Philadelphia, 1808, Vol. I, p. 447. See also Prentiss, Charles, The Life of the Late Gen. William Eaton Principally Collected from his Correspondence end Other Manuscripts Printed by E. Merriam and Co., Brookfield [state?], 1813, rare book room, Library of Congress. Prentiss includes an affidavit that Eaton gave to the prosecution before the trial, substantially the same as his courtroom testimony. The affidavit was quite famous at the time. 14. Abernethy, The Burr Conspiracy, p. 167. 15. Clarence B. Fargo, in his History of Frenchtown [a New Jersey town just - across the river from Pennsylvania], privately printed in New York, 1933 [copy in the local history section of the Library of Congress] tells us "Paul Henri Mallet-Prevost . . . had fled the scene of the French Revolution and settled at this point along the banks of the Delaware.... Gradually a small settlement grew up about Prevost, and the people taking him for a Frenchman, called the place Frenchtown.... "Aaron Burr had married the widow of Colonel James Marcus Prevost who had once held the office of commander-in-chief of the King's forces in New Jersey. He was a distant connection of Paul Henri Mallet-Prevost. "Tradition tells us that one evening in the year of 1804, a lady and gentleman on horseback rode up to the Prevost residence.... The gentleman['s] name was Aaron Burr, former [sic] Vice President of the United States, and . . . the lady was his daughter, Miss Theodosia Burr. It was the year of the Burr-Hamilton duel and very possibly Burr was in virtual hiding at the time. "The fact came out in conversation that Miss Burr and her host were in a sense, relatives. Aaron Burr was dreaming of his coming Empire. All evening long he talked ... of his ambitions.... Burr ... later fell so far from his high estate that he was tried for treason and became an exile," hosted, of course, by Mallet-Prevost's relatives in Britain. The author of this curious vignette says nothing more about Paul Henry Mallet-Prevost's actions with respect to Burr's proposals for breaking up the United States! 16. George Prevost's Letter of passage for Aaron Burr, reel 6, frame 348 of The Burr Papers: "Government House, Halifax, June 20, 1808 To the Collector of His Majesty's Customs, or who else it may concern: "You will allow the bearer (Mr. G. H. Edwards [Burr's nom-de-guerre]) to proceed without delay from Falmouth to London; the said G. H. Edwards having despatches for the Right Hon. Lord Castlereagh, at whose office he is immediately to present himself on his arrival in London. [signed] George Prevost." 17. Private Journal of Aaron Burr, The Post Express Printing Company, Rochester, N.Y., 1903 (2 volumes). --cont-- Aloha, He'Ping, Om, Shalom, Salaam. Em Hotep, Peace Be, Omnia Bona Bonis, All My Relations. Adieu, Adios, Aloha. Amen. 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