the zeal of the prosecution, driven directly by the President, didnt help their case. Burr and his colleagues argued two major points. First, no act of treason had ever occurred. Since the definition of treason in the constitution requires an overt act of war against the country and since no act of war was committed then no act of treason existed. Second, arguing against the earlier precedent, since Burr was not even present when the supposed act of treason took place, he clearly could not be guilty. Several days later on Monday, August 31, 1807, Marshall carefully and meticulously delivered a three-hour decision. He ruled that contrary to a previous opinion, actual presence at the island was essential for proof of an overt act; To advise or procure treason is not treason in itself. The next day the case went to the jury, which ruled We of the jury say that Aaron Burr is not proved to be guilty under this indictment by any evidence submitted to us. We therefore find him not guilty. Jefferson was so outraged by the ruling that he threatened to impeach Marshall, and even took it to congress, but congress never brought the impeachment to a vote. History has made its assessment. Jeffersons personal hatred of Burr defiantly drove him to inappropriately pursue, and even illegally conspire to convict, a political opponent. Normally a brilliant and capable lawyer, based on the same facts he never would have brought a case of treason against an unknown man. Moreover, had he not known Burr he would never have let himself get as involved, preferring to let justice take its course. Under the influence of his patriotism, Jefferson may have believed that writing a letter planning treason was treason but more likely he simply wanted to destroy Burr. Clearly, Jefferson let his own bias and vindictiveness drive his behavior and in so doing violated the very thing he tried so hard to protect, the Constitution. While he didnt succeed...
