The Judicial Process: A Chronology
March 30, 1807
U.S. Circuit Court for the District of Virginia
At a special session at the Eagle Tavern in Richmond, Aaron Burr was brought before Chief Justice Marshall to hear charges of treason and misdemeanor. U.S. Attorney George Hay moved that Burr be committed to jail on these charges.
March 31, 1807
U.S. Circuit Court for the District of Virginia
Argument of the motion to commit Burr took place in the hall of the House of Delegates at the Virginia state capitol. Hay, assisted by U.S. Attorney General Caesar Rodney, was opposed by John Wickham and Edmund Randolph, counsel for Burr, as well as by Burr himself.
April 1, 1807
U.S. Circuit Court for the District of Virginia
Marshall held that there was probable cause for committing the accused on the misdemeanor charge—that is, for carrying on a military expedition against the territories of Spain—but not on the charge of treason. Burr entered into a bail bond for $10,000 to appear for trial at the U.S. Circuit Court on May 22.
May 22, 1807
U.S. Circuit Court for the District of Virginia
The court's regular spring term commenced. A grand jury of sixteen was sworn in. Marshall delivered a charge to the grand jury.
June 13, 1807
U.S. Circuit Court for the District of Virginia
Marshall delivered an opinion in favor of Burr's motion for a subpoena duces tecum to be issued to President Jefferson.
June 24, 1807
U.S. Circuit Court for the District of Virginia
The grand jury returned indictments against Burr for treason and for carrying on war with Spain. Burr pleaded not guilty on June 26. The court ordered the trial for treason to begin on August 3.
June 30, 1807
U.S. Circuit Court for the District of Virginia
Marshall ordered Burr to be confined to the state penitentiary until the trial.
August 17, 1807
U.S. Circuit Court for the District of Virginia
Marshall directed the jury of twelve to be sworn in and the indictment for treason to be read. Hay opened the case for the prosecution and proceeded to examine the first of 140 proposed witnesses.
August 20, 1807
U.S. Circuit Court for the District of Virginia
After only a dozen witnesses had been examined, the defense moved to exclude the admission of evidence that did not go to prove the charge as defined by the indictment, that Burr had committed treason by levying war on Blennerhassett's Island on December 10, 1806. This motion provoked an elaborate argument over the meaning of treason that continued through August 29.
August 31, 1807
U.S. Circuit Court for the District of Virginia
Marshall delivered the principal opinion in the trial, granting the defense's motion to exclude collateral testimony.
September 1, 1807
Hay informed the court that he had no further evidence or arguments to present to the jury. The jury retired briefly and returned a verdict that Burr was “not proved to be guilty under this indictment by any evidence submitted to us. We therefore find him not guilty.”
September 9, 1807
U.S. Circuit Court for the District of Virginia
The trial on the misdemeanor began. Burr was charged with levying war against Spain in violation of the Neutrality Act.
September 15, 1807
U.S. Circuit Court for the District of Virginia
Marshall issued a ruling excluding evidence that did not directly prove the charges set out in the indictment. After retiring for twenty minutes, a jury returned a verdict of not guilty.
September 18, 1807
U.S. Circuit Court for the District of Virginia
Hay moved to send Burr for trial in another federal court on charges of treason committed outside Virginia.
October 20, 1807
U.S. Circuit Court for the District of Virginia
Marshall refused to commit Burr for treason, but ordered him to stand trial in Ohio on a charge of preparing and providing the means for a military expedition against Spain.
The Aaron Burr Treason Trial — Historical Background and Documents