The Trial of Aaron Burr

by Joseph P. Brady

THE TRIAL OF AARON BURR

On the evening of the 26th of March, 1807, Aaron Burr, attended by a military guard of nine men, under the command of Major Nicholas Perkins, who had been largely instrumental in his arrest, arrived in the City of Richmond, Virginia. Immediately upon his arrival he was lodged in the Eagle Tavern, the leading hostelry of its time in that city, where he remained confined until March 30th, when he was delivered to the civil authorities by virtue of a warrant issued by Chief Justice Marshall.

The preliminary examination of Burr was private. The warrant was served on him in his apartment by Major Scott, the Marshal of the Virginia District, who, after informing him of the object of his visit, conducted him to another room, where he was brought before the Chief Justice. The few persons present were Cæsar A. Rodney, Attorney-General of the United States; George Hay, the United States Attorney for the Virginia District; Edmund Randolph and John Wickham, counsel for the prisoner; the United States Marshal and his two deputies; and a few friends of the counsel for Burr.

The evidence introduced on behalf of the prosecution was a copy of the record in the case of Bollman and Swartout in the Supreme Court of the United States, which contained the depositions of General Eaton and General Wilkinson directly connecting Burr with the offense charged against him. No verbal testimony was heard, except that of Major Perkins, who told of the arrest of the prisoner and of his conveyance of him to Richmond.

At the conclusion of the evidence a motion in writing was submitted by Mr. Hay for the commitment of the accused on two charges, viz:—

First. For a high misdemeanor, in setting on foot, within the United States, a military expedition against the dominions of the King of Spain, a foreign prince, with whom the United States, at the time of the offense, were, and still are, at peace.

Second. For treason in assembling an armed force, with a design to seize the city of New Orleans, to revolutionize the territory attached to it, and to separate the western from the Atlantic states.

It soon developed that this motion would cause considerable discussion, and as previously agreed upon by counsel, with the approval of the Chief Justice, the further hearing of the case was adjourned to the House of Delegates in the Capitol, where all subsequent proceedings were had.

The argument on the motion lasted two days. It was opened by Mr. Hay for the United States. He was followed by Mr. Wickham and Mr. Randolph for the accused. Colonel Burr spoke about ten minutes in his own behalf, and Mr. Rodney, the Attorney-General of the United States, closed the discussion.