and asking, and receiving favors. He was again arrested, a grand jury impanelled, and witnesses sent in to them. Instead of an indictment, they returned that Burr had not been guilty of any crime or misdemeanor, and went on to present as a grievance, the military expedition which had been fitted out against the person and property of Burr as unnecessary, without lawful authority, and as destructive of personal liberty; and the Natchez paper said Burr and his men were handsomely received by the best people, and several balls were given to them as marks of respect and confidence. The court, however, refused to give Burr a legal release, and, learning that further and more arbitrary proceedings were intended against him by the Government, and perceiving the utter hopelessness of attempting to proceed, and feeling that his presence could only embarrass his companions, he disguised himself and fled. In attempting to reach Pensacola, where he expected to find refuge aboard of a British man-of-war, he was discovered, and arrested on the Tombigbee river, in what is now Washington county, Alabama.

Burr's arrest was accomplished by a Major Perkins, who had never seen him before, but the wonderful brilliancy of Burr's eyes, of which he had heard much, lead him to watch, and finally to apprehend him. After detaining him for two weeks in Fort Stoddart, Major Perkins started north with him, attended by a military guard. At Chester, South Carolina, Burr, observing a small collection of people, got off his horse, and succeeding in getting to them, asked for a magistrate, and complained of being under an illegal arrest and military guard. Before anything could be done, however, Perkins, who was a very powerful man, seized Burr, and, putting him on his horse, hurried him away, for the remainder of the journey keeping out of the way of people as far as possible.

He arrived at Richmond on the twenty-sixth of March, having been under guard since his arrest on the Tombigbee river, on the nineteenth of February. On the thirtieth of March he was brought before Chief Justice Marshall on the charge of a high misdemeanor in setting on foot and preparing within the territory of the United States, a military expedition, to be carried on against the dominions of Spain, with which the United States was at peace, and also of treason against the United States. The hearing took place in a private room in the Eagle Tavern, at that time the principal hotel in the city.

The evidence introduced on this occasion consisted of a copy of the record in the case of Bollman and Swartwout, containing the affidavits of General Eaton, General Wilkinson and others, and the verbal testimony of Major Perkins. After the evidence a motion was made for the commitment of the prisoner on both charges, and, as it was agreed a discussion was necessary, the hearing was adjourned -Burr being bailed in the sum of $5,000 for his appearance the next day at 10 o'clock. The next morning the court-room was crowded, but Burr did not appear until ten-thirty. He walked in with an unconcerned air, and apologized to the court, claiming he had misapprehended the hour. On the suggestion of counsel that it was impossible to accommodate the spectators in the court-room, Judge Marshall adjourned the hearing to the hall of the House of Delegates in the Capitol. This room was afterwards occupied by the Confederate Congress.

After counsel had spoken, Colonel Burr arose, he said, not to remedy any omission of his counsel, who had done great justice to the subject. He wished only to state a few facts, and to repel some observations of a personal nature. He spoke of his hastening to meet the charge

against him, his acquittal, as he called it, protested that his designs were honorable, and would have been useful to the United States; explained his flight; that it was from a military despotism, and the tyranny of a military escort that he wished to be delivered, not from an investigation of his conduct, nor from the operation of the laws of his country.

On April the first, Judge Marshall delivered his opinion, refusing to commit for treason, as the affidavits presented were insufficient, they having been so held in the case of Bollman and Swartwout, but required bail for his appearance on May twenty-second, to answer to the charge of high misdemeanor.

Richmond was at that time filled with visitors, and her citizens were lavish in their entertainments. Washington Irving, who was in Richmond as a young lawyer in Burr's interest, writes: "I have been treated in the most polite and hospitable manner by the most distinguished persons of the place, those friendly to Colonel Burr and those opposed to him, and have intimate acquaintances among his bitterest enemies. I am absolutely enchanted with Richmond, and like it more and more every day. The society is polished, sociable, and extremely hospitable, and there is a great variety of distinguished characters assembled on this occasion, which gives a strong degree of interest to passing incidents.”

Irving believed in Burr's innocence and was sincerely devoted to him, expressing the deepest sympathy for him. "The ladies," he writes, "have been uniform in their expressions of compassion for his misfortunes, and a hope for his acquittal; not a lady, I believe, in Richmond, whatever be her husband's sentiments on the subject, who would not rejoice in seeing Colonel Burr at liberty."

Colonel Burr's great reputation, the suggestion of his

persecutions; the decided romance that surrounded him; the dignity and elegance of his demeanor, and the fascinating power of his address, could not fail to awaken interest and sympathy. He became the recipient of many attentions, especially from the opponents of Mr. Jefferson.

During this time, and before the session of the court at which he was to appear, Mr. Wickham, one of Burr's counsel, gave a large dinner party to which the Chief Justice was invited. It is said that, after accepting the invitation, Judge Marshall learned that Burr was to be present, but, fearing to wound the feelings of Mr. Wickham by refusing to attend, he went to the dinner, but had no intercourse with Burr. Realizing after he reached the house, the impropriety of his action, he soon retired from the entertainment. Another account is that he was not aware that Burr was to be a guest until he reached Mr. Wickham's house. This mistake was made the most of by his enemies, and gave some color to the President's charge of partiality on the part of the Chief Justice towards Burr and his associates. Judge Marshall was a Federalist in politics, and the Federal party were now espousing the cause of Burr. The relations between Judge Marshall and Mr. Jefferson were anything but pleasant. Marshall had written the Life of Washington, in which he had taken occasion to criticise severely Mr. Jefferson and the Republican party. The opinion the Chief Justice had delivered in Marbury v. Madison was regarded by Jefferson as a defiance to him. Marshall held that the action of the President was improper in withholding commissions fully executed, from certain appointees of his predecessors, who had been confirmed by the Senate, but that the Supreme Court had no jurisdiction to enforce their delivery by mandamus, because, though attempted to be conferred by Congress, it was not

authorized by the Constitution — thus making the Constitution, as construed by the court, the supreme law of the land, annulling an act of Congress. Both of these positions were highly objectionable to Mr. Jefferson. Then Judge Marshall had delivered the opinion in Little v. Barrene, in which it was held that the President's orders to commanders of American vessels, to search vessels leaving French ports, were illegal, and the commanders liable in personal damages for obeying them. Jefferson was also deeply offended by the discharge of Bollman and Swartwout, who were associated with Burr.

Mr. Jefferson's animosity was deep-seated. Years after his retirement, he wrote to Mr. Ritchie that the judiciary were undermining the foundations of our confederated fabric. “An opinion is huddled up in conclave, perhaps by a majority of one, delivered as if unanimous, and with the silent acquiescence of lazy or timid associates, by a crafty Chief Justice, who sophisticates the law to his mind. by the turn of his own reasoning."

Judge Marshall, by his very nature, was an opponent of Mr. Jefferson. The controlling motive with Marshall was the order of society. He was determined that the central government should have force and power enough to protect its own life, and to enforce its lawful authority. With Jefferson it was the freedom of the individual, the unrestricted power of the States in dealing with matters. of local concern.

The friends of Burr had also a complaint against Judge Marshall, alleging "that a passage in his opinion in ex parte Bollman and Swartwout seemed to uphold the doctrine of constructive treason, a doctrine so murderously prominent in the history of English criminal law." This trying position in which Judge Marshall was placed, was, by no means, relieved by the personal and