In 1783, Burke published two pamphlets, An Address to the Freemen of South Carolina (January 1783) and Considerations on the Society or Order of Cincinnati (October 1783), under the pseudonym Cassius where he criticized the nascent Society of the Cincinnati for being an attempt at reestablishing a hereditary nobility in the new republic.[2]
When the courts were reestablished, Burke resumed his seat on the bench and, in 1785, was appointed one of three commissioners to prepare a digest of the State laws. Burke was a member of the convention in 1788 called to consider ratification of the Constitution of the United States, which he opposed; Burke was elected as an Anti-Administration candidate to the First United States Congress (March 4, 1789 – March 3, 1791). Burke declined to be a candidate for reelection in 1790 to the Second Congress, the legislature having passed a law prohibiting a state judge from leaving the state; Burke was elected a chancellor of the courts of equity in 1799 and served until he died in Charleston in 1802. As the senior member of the South Carolina appellate courts from 1796 to 1799, Burke was the Chief Justice of South Carolina. Interment was in the Chapel of Ease of St. Bartholomew's Parish's cemetery near Jacksonboro, South Carolina.