The Federal Court and Its Jurisdiction
U.S. Circuit Court for the District of Virginia
The U.S. Circuit Court for Virginia had jurisdiction in Burr’s case because the offense with which he was charged was stated to have occurred in Wood County in the district of Virginia. That county’s boundaries included Blennerhassett’s Island in the Ohio River.
The U.S. circuit courts established in the Judiciary Act of 1789 were primarily courts of original jurisdiction. They tried civil suits between citizens of different states and crimes defined by federal law. They were distinct from the U.S. district courts, which were principally original courts for trying admiralty and maritime causes and suits for penalties and forfeitures incurred under federal laws. The circuit courts also had limited appellate jurisdiction over the district courts. Except for a brief interval in 1801 and 1802, until 1869 there were no separate circuit court judges. The circuit courts were composed of a Supreme Court justice, assigned to a particular circuit, and the local U.S. district judge.
By 1807 there were seven circuits. Chief Justice Marshall was assigned to the fifth circuit, comprising the districts of Virginia and North Carolina. The Virginia circuit court met twice each year, beginning on May 22 and November 22. Marshall’s colleague on the bench in Virginia was District Judge Cyrus Griffin, who made no recorded comments during the Burr trial.
The Aaron Burr Treason Trial — Historical Background and Documents