hybrid appellate courts The drama surrounding the charge of treason against Burr and his two associates, Erick Bollman and Samuel Swartwout, cannot be understood without keeping in mind the magnitude of the change in America’s political climate triggered by the election of 1800, sometimes called the “Revolution of 1800.” When Jefferson finally became President in a peaceful transfer of power from the aristocratic pro-British Federalist party to the more democratic French-sympathizing Republican party, an important precedent was set–one that lasted until the Civil War. The action unfolded in two circuit courts, the Circuit Court for the District of Columbia and the Circuit Court for the District of Virginia. In 1807, when these proceedings took place, the DCcourt (where Bollman and Swartwout were called to account) had achief judge, William Cranch, appointed by President Adams, and two assistant judges appointed by President Jefferson. In Richmond, Virginia, where Burr was tried, the circuit court consisted of Chief Justice John Marshall, appointed by John Adams, accompanied by District Judge Cyrus Griffin, a virtually silent partner throughout, who had been appointed by George Washington. In 1805, Vice-President Burr had left the government with no prospects before him. Jefferson, from the first day of his presidency, had had no use for his vice-President. The election of 1800 had been thrown into the House of Representatives, when Burr, supposedly the vice-presidential candidate, had received the same number of votes in the electoral college as had the Presidential candidate, Jefferson. Thus, Jefferson believed that through his machinations Burr had tried to deprive him of the presidency.38 Jefferson had no intention of asking Burr to join his ticket again in 1804. Having lost his political friends and held in public obloquy for having killed Alexander Hamilton in a duel, Burr decided to go west towin fame and fortune. According to Burr, in 1805 and 1806, he was engaged in an expedition to free Mexico from Spanish rule, but Jefferson section 4. This act (section 6) also provided for a new method of appeal to the Supreme Court: If the justice and the district judge holding the circuit court disagreed in a case, it could be certified to the Supreme Court for final decision. 38 The Twelfth Amendment to the U. S. Constitution, ratified in 1804, made it impossible for this situation to recur. For a short description of the election of 1800 and the politics behind it, see Newmyer, R. Kent 2012 pp. 19-22. 206
RkJQdWJsaXNoZXIy MjYyNDk=