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
Having thus abruptly paid his compliments to the American judges with
whose decisions he differed he went back across the sea to England and
John Wedderbourn’s case and Deacon’s case and that of the king versus
Captain Vaughan, who went aboard a vessel called the _Loyal Clencartie_
in the service of the French king to cruise against the subjects of
the English king. As he expounded the law in this masterly fashion how
could he have failed to bring a blush to the cheek of Mr. Ritchie of
the _Enquirer_ who had used his columns to belittle Luther Martin and
scoff at the absurdity of importing a Maryland lawyer to try a case in
a Virginia court.
It was gossiped that during the preparation for his appearance Mr.
Martin had drunk even more freely than was his usual custom. If so the
indulgence had done nothing to befuddle his brain or dim his memory of
precedents. Next he turned to the incident of Lord Balmerino entering
the gates of Carlisle and holding the city for the Pretender. He cited
other allegedly treasonable acts having to do with the efforts of the
Stuarts to regain their throne. This was a fruitful field for English
precedents for acts of treason. But, he contended, those who had levied
war in Perth were charged with levying it in Perth. So, too, were those
who levied war in Aberdeen charged with levying it in Aberdeen. He
could find no case in which a person was charged with levying war in a
place where he was not present.
“But,” he observed, “if the counsel for the Crown in Great Britain had
found out this new doctrine discovered by the ingenuity of the counsel
for this prosecution, prosecutions would have been easily conducted and
much trouble saved. If this new doctrine be as the gentlemen effect to
believe, unanswerably correct, then it shows incontrovertibly great
ignorance on the part of the lawyers who prosecuted in Great Britain
in encountering so much unnecessary trouble and adopting a mode of
prosecution so difficult as they did, and the superior ingenuity of the
gentlemen in discovering this very easy and plain mode.”
Public-domain text, read in full here on John Shaqi.
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