The Treason Trial Of Aaron Burr: Law, Politics, And The Character Wars Of The New Nation (cambridge Studies On The American Constitution)

The Burr treason trial, one of the greatest criminal trials in American history, was significant for several reasons. The legal proceedings lasted seven months and featured some of the nation's best lawyers. It also pitted President Thomas Jefferson (who declared Burr guilty without the benefit of a trial and who masterminded the prosecution), Chief Justice John Marshall (who sat as a trial judge in the federal circuit court in Richmond), and former Vice President Aaron Burr (who was accused of planning to separate the western states from the Union) against each other. At issue, in addition to the life of Aaron Burr, were the rights of criminal defendants, the constitutional definition of treason, and the meaning of separation of powers in the Constitution. Capturing the sheer drama of the long trial, Kent Newmyer's book sheds new light on the chaotic process by which lawyers, judges, and politicians fashioned law for the new nation. Cover 1 The Treason Trial of Aaron Burr 3 CAMBRIDGE STUDIES ON THE AMERICAN CONSTITUTION 5 Title 7 Copyright 8 Dedication 9 Contents 11 Acknowledgments 13 Introduction 17 Chronology of the Conspiracy and Associated Trial Proceedings 23 1805 23 1806 23 1807 24 Prologue 26 1 Jefferson and Burr on the Road to Richmond 35 The President as Judge and Jury: The Question Is Why? 39 General Wilkinson Takes Charge 52 The President as Prosecutor-in-Chief 55 2 Jefferson and Marshall Square Off 62 Jefferson Takes a Stand 63 The Marshall Court Defines Treason – Almost 72 On to Richmond 81 3 Legal Theater in Richmond 84 Let the “Sovereign People” Be Entertained – and Educated 86 Burr as Master Strategist 89 “A Piece of Epic Action” 97 Burr’s Grand Juries: Some Early Lessons 102 Theater as Legal Strategy 110 The Grand Jurors Speak 116 4 Treason Law for America 123 Twelve Men Good and True 126 Fashioning Law to Fit the Facts 128 Point Counterpoint 133 Witnesses Testify About Intent 137 Concerning the “War” on Blennerhassett’s Island 141 John Wickham Struts His Stuff 144 All Power to the Jury: Wirt to the Rescue 149 5 Judging the Judge 159 Feasting with the “Traitor” 161 The Great Subpoena Debate: Law or Politics or Both? 164 The Decision that Freed Burr (Almost), Defined Treason, and Damned John Marshall in the Eyes of His Enemies 170 Law and Politics in a Delicate Balance: The Chief Justice as “Examining Magistrate” 182 Bashing Marshall 190 Epilogue 196 What the Trial Did Not Settle 197 A Trial of Many Narratives 199 Jefferson on Burr for the Record 211 Burr as Icon and Anti-Hero 214 Jefferson and Marshall on Law and Republican Liberty 217 From Courtroom Chaos Some Sound Law for the New Nation 221 Index 231 The Burr trial, one of the greatest criminal trials in American history, pitted President Thomas Jefferson, Chief Justice John Marshall and former Vice President Aaron Burr in a three-way contest that tracked the political and cultural differences of the new republic. The law that came out of the trial left a permanent mark on American history. Jefferson and Burr on the road to Richmond Jefferson and Marshall square off Legal theater in Richmond: Aaron Burr front-and-center Treason law for America: the lawyers grapple Judging the judge. Explores the treason trial of Aaron Burr and discusses the rights of criminal defendants, the constitutional definition of treason, and the meaning of separation of powers in the Constitution. The Burr trial pitted Marshall, Jefferson and Burr in a dramatic three-way contest that left a permanent mark on the new nation