about Burr's activities became known, a new warrant was issued for his arrest. Arrest finally came in mid-February on the Tombigbee River, in present day Alabama. Burr was taken to Fort Stoddart for two weeks, then conducted by a nine-man military guard on a one-thousand-mile horseback trip to Richmond, where he would stand trial for treason.

The Trial

On March 26, 1807, Burr arrived in Richmond, Virginia and lodged, under guard, in the Eagle Hotel. Four days later he was brought to another room in the hotel for an examination before the judge who would conduct his trial. The judge was none other than the Chief Justice of the United States, John Marshall.

Chief Justice John Marshall

The examination began with District Attorney George Hay (the son-in-law of future President James Monroe)supporting the government's motion for commitment on charges of treason and "high misdemeanors." Hay argued that the evidence showed that Burr intended to take New Orleans by force and make it the capitol of his new western empire. Replying for Burr, Defense Attorney Edmund Randolph (former Attorney General and Secretary of State under President Washington) argued that Burr committed no overt act of treason. Burr also addressed the Court. He offered an innocent interpretation of his own actions and emphasized his acquittal by a grand jury in the Mississippi Territory. He complained bitterly about his recent treatment, telling Marshall he had been denied the use of ink and paper--not even permitted to write to his daughter.

On April 1, Chief Justice Marshall delivered his opinion on the government's motion.