United States v. Burr
U.S. Circuit Court for the District of Virginia
[At law. Trial of Aaron Burr for a misdemeanor, in beginning, setting on foot, and providing the means of, a military expedition against the dominions or territory of the king of Spain.] At the meeting of the court on Wednesday;, the 2d of September, 1807, Mr. Hay stated that according to his understanding of the opinion of the court delivered in the trial for treason [Case No. 14,693], the evidence of the transactions on Blennerhassett’s Island did not come up to the…
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[At law. Trial of Aaron Burr for a misdemeanor, in beginning, setting on foot, and providing the means of, a military expedition against the dominions or territory of the king of Spain.] At the meeting of the court on Wednesday;, the 2d of September, 1807, Mr. Hay stated that according to his understanding of the opinion of the court delivered in the trial for treason [Case No. 14,693], the evidence of the transactions on Blennerhassett’s Island did not come up to the constitutional crime of levying war; and so it would be improper to press the prosecution against Blennerhas-sett and Israel…
1Opinion of the Court
MARSHALL, Chief Justice,
finally remarked that as Col. Burr was now in custody of the marshal, and bound to answer an indictment for a misdemeanor, the court had no authority to send him to another district.
Mr. Hay said that all three were in the same situation, and the same difficulty applied to all. He regretted that the difficulty-had not been adverted to at an earlier period, which would have saved much trouble; that he did not wish to disturb the opinion of the court, but would proceed with the trial of Col. Burr for a misdemeanor. He requested the clerk to read the indictment in the…
2Cited by98 opinions
- Crawford v. WashingtonSupreme Court of the United States · 2004
- United States v. NixonSupreme Court of the United States · 1974
- Clinton v. JonesSupreme Court of the United States · 1997
- Cheney v. United States District Court for District of ColumbiaSupreme Court of the United States · 2004
- United States v. Valenzuela-BernalSupreme Court of the United States · 1982
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