Aaron Burr, recaptured on February 13, 1807, had been taken back to Virginia to stand trial.

The case is controversial from the beginning.

Burr's secret correspondence with Anthony Merry and the Marquis of Casa Irujo, the British and Spanish ministers at Washington, is eventually revealed.

He had tried to secure money and to conceal his true design, which was to help Mexico overthrow Spanish power in the Southwest.

Burr had intended to found a dynasty in what would have become former Mexican territory.

This is a misdemeanor, based on the Neutrality Act of 1794, which Congress had passed to block filibuster expeditions against US neighbors, such as those of George Rogers Clark and William Blount.

Jefferson, however, seeks the highest charges against Burr.

In 1807, Burr is brought to trial on a charge of treason before the United States Circuit court at Richmond, Virginia.

His defense lawyers include Edmund Randolph, John Wickham, Luther Martin, and Benjamin Gaines Botts.

Burr had been arraigned four times for treason before a grand jury indicts him.

The only physical evidence presented to the Grand Jury is Wilkinson's so-called letter from Burr, which proposes the idea of stealing land in the Louisiana Purchase.

During the Jury's examination, the court discovers that the letter had been written in Wilkinson's own handwriting.

He says he had made a copy because he had lost the original.

The high misdemeanor charge is dropped when the government is unable to prove that the expedition had been military in nature or directed toward Spanish territory.

The evidence shows only that Burr had planned an illegal attack upon Spanish territory, but he will nevertheless be tried for treason.