Shout treason : $b the trial of Aaron BurrBeirne, Francis F.
History
Shout treason : $b the trial of Aaron Burr
Beirne, Francis F.
Burr Conspiracy, 1805-1807; Burr, Aaron, 1756-1836 -- Trials, litigation, etc.; Trials (Treason) -- United States
Mr. Wickham agreed that in England there was a treason for compassing
the death of the King where the mere agreement to do the act itself
constitutes the crime. He thanked God that in this country there was
no subject to whom such a law applied and that the United States
Constitution strictly forbade that intention alone--which was so liable
to be misunderstood and misrepresented--should in any case be construed
into treason.
He cited also the cases of Mrs. Elizabeth Gaunt, an Anabaptist who was
burned alive, and Lady Lisle, widow of a regicide, as persons convicted
as accessories merely for receiving traitors. But in both instances,
he emphasized, sentence had been passed by the wicked Judge Jefferies.
After Mr. Wickham had thus associated these possible precedents with
such outrageous circumstances the prosecution would be daring indeed to
use them.
Having warmed to his task, Mr. Wickham proceeded to give his audience
an impressive demonstration of his legal erudition. He referred to
Foster’s _Crown Law_ and from that skipped to Hume’s _History of
England_. He quoted passages from Tremaine’s _Pleas of the Crown_ and
boldly plowed his way through Hale, Stanford, Brooke, and Hawkins. He
alluded to the conduct of the Duke of Cumberland after the Battle of
Culloden, and made mention of Flora Macdonald who had helped with the
escape of the Pretender. Surely, asserted Mr. Wickham, she would have
been charged with treason if the doctrine that persons absent and not
in arms had prevailed in England!
From citing the authorities in English, Mr. Wickham turned to Latin
declaring that “_Dixit quod in hoc quod factume est proditio, non
potest esse accessarius felonice et proditire non potest esse
accessarius_.” Not content with Latin he lapsed into some strange
tongue that must have confused Mr. Robertson, the reporter, in spite
of his knowledge of five languages. But Mr. Robertson did his best
and set it down thus: “_Nota P. Hussey C.I. que accessory ne poet este
a treason; le recetment de traitor, ne poet este tantum felony, mes
est treason_.” Mr. Wickham’s was a brilliant display of erudition.
Perhaps the passage quoted was as familiar to his fellow lawyers as the
golden bird of prey on the sign in front of the “Eagle Tavern.” One
wonders what the jury made of the gentleman’s scholarship and in which
direction they were swayed.
Again Mr. Wickham repeated the strict definition of treason as set down
in the Constitution--the levying of war against the United States,
the overt act and the two witnesses. Its object, he said, was clear.
It was to perpetuate the liberties of the people of this country. The
framers of the instrument well knew the dreadful punishments inflicted
and the grievous oppressions produced by constructive treason in
other countries. That is why their language was plain, simple, and
perspicuous.
Public-domain text, read in full here on John Shaqi.
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