History of the United States of America, Volume 3 (of 9) : $b During the second administration of Thomas JeffersonAdams, Henry
History
History of the United States of America, Volume 3 (of 9) : $b During the second administration of Thomas Jefferson
Adams, Henry
United States -- History -- 1801-1809; United States -- History -- 1809-1817
For ten days this vital point was argued. All the counsel on either
side exerted themselves to the utmost. Wickham’s opening speech on
the nature of treason was declared by as good a judge as Littleton
Tazewell to be “the greatest forensic effort of the American bar.”[339]
Luther Martin spoke fourteen hours, beginning with an almost passionate
allusion to his idol Theodosia. William Wirt exhausted his powers
of argument and oratory, and in the course of his address made the
rhetorical display which became familiar to every American, and which
introduced a sort of appeal to Blennerhassett to turn against the more
guilty crew who were trying to sacrifice him to save themselves:--
“Who is Blennerhassett? A native of Ireland, a man of letters,
who fled from the storms of his own country to find quiet in
ours.”
George Hay was neither so efficient nor so dexterous as Wirt, and
either intentionally or by awkwardness succeeded in giving the
impression of threatening the court:[340]--
“Mr. Bott says that we are now advocating opinions which
on Fries’ trial we condemned.... I beg leave to assure the
gentleman that the censure which the judge drew on himself was
not on account of his opinions, however incorrect they might
be, but for his arbitrary and irregular conduct at the trial,
which was one of the principal causes for which he was afterward
impeached. He attempted to wrest the decision from the jury, and
prejudge the case before hearing all the evidence in it,--the
identical thing which this court is now called on by these
gentlemen to do.”
That Hay, knowing well Jefferson’s thoughts and the magic that
hung about the word “impeachment,” should have used these words
inadvertently seemed hardly credible. If he did so, his clumsiness
was as offensive as the threat could have been, for the idea of
impeachment was in the air of the court-house. Burr’s counsel at once
retaliated.[341] “It was very kind of the gentleman to remind the court
of the danger of a decision of the motion in favor of the prisoner.”
Hay protested that he had spoken innocently, and the chief-justice
said that the allusion had not been taken as personal; but the
unpleasant impression remained. “The gentleman plainly insinuated the
possibility of danger to the court,” persisted the defence; and Luther
Martin added,[342]--
“I do not know whether it were intended by this observation that
your honors should be apprehensive of an impeachment in case you
should decide against the wishes of the government. I will not
presume that it was used with that view, but it is susceptible
of being so misunderstood, however innocently or inadvertently
it may have been made.”
Public-domain text, read in full here on John Shaqi.
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