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
Wirt’s argument had consumed the better part of the day, but there
still was a little time left before the regular hour for adjournment.
Two of the lawyers for the prosecution having held the floor in
succession it was again the turn of the defense.
Of Colonel Burr’s lawyers none was better equipped by temperament to
counterbalance William Wirt than was Benjamin Botts. He, too, could
boast the vigor and abandon of youth. In fact he was the youngest of
all the array of legal talent which had been attracted to the case.
He was distinguished for his wit and he was a master of ridicule, for
which Mr. Wirt’s florid oratory made an excellent target. As Wirt had
set out after Wickham in his opening remarks, so young Botts turned his
guns on Wirt.
“I cannot promise you, Sir, a speech manufactured out of tropes
and figures,” he began with mock apology. Then, alluding to Wirt’s
reference to “an argument as naked as a sleeping Venus,” he continued:
“Instead of the introduction of a sleeping Venus, with all the luxury
of voluptuous and wanton nakedness to charm the reason through the
refined medium of sensuality, and to convince us that the law of
treason is with the Prosecution by leading our imaginations to the
fascinating richness and symmetry of a heaving bosom and luscious
waist, I am compelled to plod heavily and meekly on through the dull
doctrines of Hale and Foster.” Mr. Botts, too, was not without skill
in playing up to the gross humor of an all-male audience.
“So far though from reproving the gentleman’s excitement of the boiling
blood of such of us as are in the heyday of youth, without the previous
caution of clearing the hall of those whose once panting desires have
been chilled by age, and upon whom the forced ecstasy sat unnaturally
and uneasy, I only lament my utter incapacity to elicit topics of legal
science by an imitation of so novel and tempting an example. Nothing
but the impossibility of success would prevent me also from grasping
at the fame and glory on this grave occasion, and at this time of
pleasure, of enriching the leering lasciviousness of a like bewildering
thought to transport anew the old and the young.”
In such manner Mr. Botts soon put the assemblage in good humor. Even
the Chief Justice, who enjoyed a joke as much as the next man, must
have joined in the fun. Having thus ingratiated himself with his
audience by this gay introduction he proceeded to present his serious
argument. His first proposition he told them would be to endeavor to
establish the fact in support of the motion that the acts proved to
have taken place on Blennerhassett Island were not in themselves acts
of war and that no intention could make them acts of war.
Public-domain text, read in full here on John Shaqi.
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