maeva marcus thought he was involved in a plot to sever the western states from the Union, andhepersonallysought tobring Burr and his associates to justice. To this day, the truth about Burr’s activities in the west is not known. So much conflicting evidence exists that it is impossible to figure out exactly what he was doing. But whatever he was doing, Burr and his associates appeared to be involved in a criminal conspiracy either to disobey the Neutrality Act of 1794 by taking action against Spain or to commit treason by separating the western states from the United States. While President Jefferson had ample reason to be concerned with Burr’s mysterious actions in the west, his pursuit of Burr arguably was inconsistent with the principles on which the American justice system was based. Jefferson accepted the word of General James Wilkinson, who had been involved in Burr’s activities, that Burr was a traitor. On January 22, 1807, before any grand jury, judge, or jury had heard any charges against Burr, the President pronounced Burr guilty of treason in a message to Congress. On the same day, Bollman and Swartwout, Burr’s alleged co-conspirators, who had been arrested and charged with treason on orders of General Wilkinson, arrived in Washington after having been held incommunicado in New Orleans. President Jefferson personally interviewed Bollman about Burr’s activities, hoping to get information that would seal Burr’s guilt. Bollman’s account revealed little but a possible violation of the Neutrality Act. It did, however, reveal Wilkinson as a liar and should have served as a warning to Jefferson to step back from the path he was pursuing. But Jefferson refused to back off. Instead, he personally took charge of the legal proceedings against Bollman and Swartwout in the Circuit Court for the District of Columbia.39 The drama was about to begin. The President made the first move; he personally delivered to Walter Jones, Jr., the U.S. attorney for the District of Columbia, an affidavit signed by Wilkinson, accusing Bollman and Swartwout of treason, and asked for a warrant to be issued for their arrest (they were already imprisoned). When Jones made the request before the court, he stated that he was following instructions from the President. Judge Cranch imme39 Newmyer, R. Kent 2012 pp. 47-49. 207
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