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 demanded of opposing counsel what security would be
afforded by the Constitution to the best or meanest man in the country
if the construction on which they insisted was correct. If it was
correct then all that was wanted to fix the guilt of treason on an
individual was to have an insurrection existing somewhere in the United
States, no matter where.
Now, he said, suppose the Government should wish to destroy any
man. They find him in Georgia, and the insurrection happens in New
Hampshire. This would suffice for the purpose. But if their cause was
to go on the prosecution would have to contend that even less would
suffice to create treason, that even an insurrection was not necessary,
but that a peaceable assemblage going down the Ohio River would be
sufficient for their purpose.
Continuing to expound his hypothetical case Mr. Wickham suggested
that under the prosecution’s construction a man might be seized and
hurried by force from New Hampshire to Georgia, or to any part of the
United States which his accusers might choose as best for the purpose.
Obviously he had reversed the journey of his client from Alabama to
Virginia. It would be in vain for him to prove that he was not present
when the offense of which he was accused was committed, that he never
at any period of his life had been there, that the actors and the scene
were alike unknown to him. Wretches who from interest or revenge were
ready to further the views of his oppressors, would present themselves
and he might be convicted of levying open war against the Government
with people whom he never saw and at a place where he never was!
The hour was now growing late and Mr. Wickham had talked the better
part of the day. His argument might have proved tedious to his audience
composed entirely of men. Surely a little ribald humor was in order
after all the heavy reasoning he had forced them to endure. So, casting
aside his dignity, Mr. Wickham gave it to them.
He noted that by an act of Parliament in the reign of Henry VIII, it
was made treason for any woman the king should marry, thinking her to
be a true maid, or virgin, to marry him if she were not so.
Now, ventured the speaker, the paramour of such a woman (Mr. Wickham
supposed her to be a maid of honor and he a lord of the bedchamber)
might aid her in imposing on the king. She is tried, found guilty, and
executed. How would her lover be charged? Would he be indicted by the
name A. B., Gentleman, or by his title of Lord, for marrying the king,
not being an unspotted virgin or, to use the language of the act, “a
pure and clean maid”?
“This,” concluded Mr. Wickham, “may seem to be treating the subject
with more levity than I could wish to do, but the argument directly
applies ... for it is as much a physical impossibility that Colonel
Burr should be at Blennerhassett’s Island and in Kentucky (places
several hundred miles distant) at the same time, as that an individual
should be at the same time a man and a woman.”
Public-domain text, read in full here on John Shaqi.
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