Her father missed her sadly. "For what else, for whom else, do I live?" he had written to her shortly before her marriage. When she was no longer at Richmond Hill he returned there with painful reluctance. Theodosia urged him to marry again, and from the tone of a letter he wrote to her about this time there seems to have been some probability of his accepting her suggestion. If he were really in earnest, however, he at least did not conduct the affair with his usual sapiency, and though Theodosia from afar threw light on the young woman's vagaries, it was to no purpose.
Theodosia's only child, a son, she named after her father, to whom he was a source of much pride and affection. To Burr the anniversaries of the day of Theodosia's birth were ever occasions for rejoicing. Her twenty-first birthday, though she was not with him, he celebrated with a dinner-party at Richmond Hill. He had her portrait placed in a chair at the table, but, as it was a profile and appeared unsociable, he had it hung up again. "We laughed an hour, danced an hour, and drank your health," he wrote to her.
But already the days of her contentment were drawing to a close. Before this letter telling her of the happiness the day had given him had reached her, the tragedy of Weehawken had been enacted. Its shadow fell forever upon him who survived it, and who doubtless became a potent instrument in Hamilton's canonization. With awful blackness, too, it fell upon the far-away daughter when she heard that her father was a fugitive with an indictment for murder hanging over him.
From that moment shadows gathered about her with ever-increasing sombreness till they culminated in that hour of darkness in which her life went out.
In Burr's Mexican scheme, which he set on foot shortly after the expiration of his term as Vice-President, Theodosia became involved sentimentally, and her husband financially. The President's proclamation and Burr's arrest put an end to their visionary dynasty in Mexico. Instead of beholding him upon a throne, they saw him arraigned before the tribunal of justice at Richmond, on a charge of high treason, with Chief Justice Marshall the presiding judge, and John Randolph of Roanoke foreman of the jury. Never, it has been said, did two more wonderful pairs of eyes than those of Marshall and Burr, black, brilliant, and penetrating, look into each other.
In arraigning Burr, there was an element to be reckoned with that is not ordinarily taken into consideration,—the marvellous personality of the man. From his appearance, his manners, his voice, his eyes, emanated an influence not to be lightly estimated. In his bearing and presence he was peerless. He spoke without effort, in a full, crisp, rather than powerful, voice, clothing his thoughts in the language best suited to their most accurate expression, terse, epigrammatic and devoid of figures, his mobile features lending themselves to the thought that was severe or scintillating, tender or impressive. With a woman's tact he combined an adroit intellect equal to any emergency.
He conducted his own defence, supported by the best legal talent in the country. His son-in-law sat beside him every day in court, and Theodosia, the beautiful, noble Theodosia, with sublime faith in her father, inspired a confidence in him in other breasts. She appealed to the poetic fancy of Washington Irving, then a young barrister, who was sent from New York to report the trial for his brother's paper, and whose letters evince an unmistakable sympathy for Burr. Luther Martin, one of the foremost geniuses of the Maryland bar, defended him with an eloquence that rendered Martin himself an object of suspicion to Thomas Jefferson.
"I find that Luther Martin's idolatrous admiration of Mrs. Alston," wrote Blennerhassett, "is almost as excessive as my own, but far more beneficial to his interests and injurious to his judgment, as it is the medium of his blind attachment to her father, whose secrets and views, past, present, and to come, he is and wishes to remain ignorant of. Nor can he see a speck in the character of Alston, for the best of all reasons with him,—namely, that Alston has such a wife."
Though Burr was acquitted, there was an element of hostility to him in the government, and much distrust of him among the people of the country at large. In the following year, therefore, he went to Europe. Theodosia had gone to New York to be near him. He saw her for the last time on June 7, 1808, the night before he sailed. She spent that summer at Saratoga, and the following winter in New York, where she lived in retirement.
"The world," she said, in one of her letters to her father about this time, "begins to cool terribly around me. You would be surprised how many I supposed attached to me have abandoned the sorry losing game of disinterested friendship." She repeatedly urged him to return, promising him that if the worst came to the worst, she would leave everything and suffer with him.