On March 26, 1807, Aaron Bur arrived in Richmond Virginia under guard to be examined by Chief Justice of the United States, John Marshall. The examination began with charges of treason and "high misdemeanors" brought forth by District Attorney George Hay. Hay argued that the evidence showed that Burr intended to take New Orleans by force and make it the capital of his new western empire. Aaron Burr's defense attorney, Edmund Randolph defended Burr by arguing that there was no overt act of Treason, and painted Burr's actions as innocent. Aaron Burr even addressed Marshall to explain his actions and emphasize his acquittal by a grand jury in the Mississippi Territory. On April 1, Chief Justice Marshall delivered his opinion. He concluded that there was not enough evidence to convict Burr of Treason and scheduled a trial on May 22 for the "high misdemeanor" charges, setting bail at $10,000.
The trial opened on May 22, in Richmond under Chief Justice Marshall and Virginia District Judge Cyrus Griffen. Aaron Burr surrounded himself with an all star team of defense lawyers including Edmund Randolph and Luther Martin a former Maryland delegate to the Constitutional convention. George Hay headed up an equally impressive cast for the prosecution. The prosecution began by noting that "the evidence is different now," and moved to include the charge of Treason. The defense argued a very narrow interpretation under the constitution that treason must be an overt act by the defendant in a war and must be testified by two witnesses. Chief Justice Marshall sided the defense team on the narrow interpretation of treason. The stage was set, the prosecution team knew their back was up against the wall. But on June 15, General Wilkinson arrived in Richmond to appear before the grand jury. His testimony turned things around and on June 24, the grand jury reported indictments against Burr for both treason and high misdemeanor. Burr pleaded not guilty to the charges, and Marshall adjourned the court until August 3.
Throughout the month of August, the prosecution team called on many witnesses from General William Eaton who testified about a conversation he had with Burr in Washington to Commodore Truxton who testified as to Burr's ambitions plan. They even brought in Harman Blennerhassett's gardener to testify about conversations he had with Mr. Blennerhasset. Burr had spent significant time at Blennerhasset's 300 acre river island estate before the events took place. On September 1st, Chief Justice Marshall reached his decision, and in a 3 hour opinion, Marshall ruled that Burr could not be found to have committed treason based upon the events at Blennerhassett's Island. Marshall stated "If those who perpetrated the fact be not traitors, he who advised them [Burr] cannot be a traitor." The case was then sent to the jury who had little choice but to agree with the Chief justice. Finally, the jury read their report to the court, "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."
Jefferson was furious over the ruling by Chief Justice Marshall. In a letter to William Thomson of Virginia, Jefferson wrote that the "scenes which have been acting at Richmond are sufficient to fill us with alarm". Jefferson had supposed that we possessed fixed laws to guard us against treason and oppression, but he wrote "it now appears we have no law but the will of the judge". In his seventh annual address to Congress, the President discussed the matter with a bit more reserve. First he shared the good news that the "enterprises against the public peace" have been defeated and Aaron Burr was publicly arraigned.
"I informed Congress at their last session of the enterprises against the public peace which were believed to be in preparation by Aaron Burr and his associates, of the measures taken to defeat them and to bring the offenders to justice. Their enterprises were happily defeated by the patriotic exertions of the militia whenever called into action, by the fidelity of the Army, and energy of the commander in chief in promptly arranging the difficulties presenting themselves on the Sabine, repairing to meet those arising on the Mississippi, and dissipating before their explosion plots engendering there. I shall think it my duty to lay before you the proceedings and the evidence publicly exhibited on the arraignment of the principal offenders before the circuit court of Virginia."But, regarding the events in Richmond, he left it up to Congress to judge for themselves "whether the defect was in the testimony, in the law, or in the administration of the law". Wherever it was, he was urging Congress to fix it.
"You will be enabled to judge whether the defect was in the testimony, in the law, or in the administration of the law; and wherever it shall be found, the Legislature alone can apply or originate the remedy. The framers of our Constitution certainly supposed they had guarded as well their Government against destruction by treason as their citizens against oppression under pretense of it, and if these ends are not attained it is of importance to inquire by what means more effectual they may be secured."
http://www.presidency.ucsb.edu/ws/index.php?pid=29449
http://law2.umkc.edu/faculty/projects/ftrials/burr/burraccount.html
http://founders.archives.gov/documents/Jefferson/99-01-02-6452
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