Aaron Burr was an enigma even in his own day. Founding father and
vice president, he engaged in a duel with Alexander Hamilton
resulting in a murder indictment that effectively ended his legal
career. And when he turned his attention to entrepreneurial
activities on the frontier he was suspected of empire building--and
worse.
Burr was finally arrested as a threat to national security,
under suspicion of fomenting insurrection against the young
republic, and then held without bail for months. His trial,
witnessing the unfortunate intrusion of partisan politics and
personal animosity into the legal process, revolved around a highly
contentious debate over the constitutional meaning of treason.
In the first book dedicated to this important case, Peter
Charles Hoffer unveils a cast of characters ensnared by politics
and law at the highest levels of government, including President
Thomas Jefferson-one of Burr's bitterest enemies-and Chief Justice
John Marshall, no fan of either Burr or Jefferson. Hoffer recounts
how Jefferson's prosecutors argued that the mere act of discussing
an "overt Act of War"--the constitution's definition of treason-was
tantamount to committing the act. Marshall, however, ruled that
without the overt act, no treasonable action had occurred and
neither discussion nor conspiracy could be prosecuted. Subsequent
attempts to convict Burr on violations of the Neutrality Act failed
as well.
A fascinating excursion into the early American past, Hoffer's
narrative makes it clear why the high court's ultimate finding was
so foundational that it has been cited as precedent 383 times.
Along the way, Hoffer expertly unravels the tale's major themes:
attempts to redefine treason in times of crisis, efforts to bend
the law to political goals, the admissibility of evidence, the
vulnerability of habeas corpus, and the reach of executive
privilege. He also proposes an original and provocative explanation
for Burr's bizarre conduct that will provide historians with new
food for thought.
Deftly linking politics to law, Hoffer's highly readable study
resonates with current events and shows us why the issues debated
two centuries ago still matter today.
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