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
The Chief Justice expressed regret that the question of producing the
letter had arisen. It was irksome to him, he declared, and it was with
considerable reluctance that he must insist on its being produced. He
did only what his duty prescribed. However, Judge Marshall concluded,
though he did not know what the letter contained he saw no need for it
to be read aloud.
Now the tables were turned by the prosecution. They had contended all
along that there was nothing in the letter which reflected against
the President. So MacRae stated that the prosecution preferred to
read the letter to the Court as being “the only way to avert the
misrepresentations of its contents.”
No sooner had the argument over this one letter been settled than
Wickham was up again demanding that the whole of another letter from
the President to Wilkinson be produced. The Chief Justice reminded him
that the President had certified his reasons for communicating only
certain parts of the letter. He believed that the withheld parts had no
application to the present prosecution.
Mr. Martin was on his feet again protesting. He hoped the Court had
not definitely decided the point. Once more he displayed his personal
animosity toward Mr. Jefferson. “Has not the Court already declared
that the President has no more power here than any other man? If this
be law, for which gentlemen now contend, God forbid that I should
remain a citizen of the United States.
“And is Mr. Jefferson to be the judge of the relevancy of evidence,
in a prosecution in which he has taken so active a part against the
accused? Mr. Jefferson, Sir, is a man of no legal knowledge. He was of
no celebrity as a lawyer before the Revolution, and he has since been
so much engaged in political pursuits that he has had time enough to
unlearn the little law he ever knew.”
Hay rose to the defense of the President against Martin’s vituperation.
“The only end of this conversation is abuse of Mr. Jefferson,” he
declared.
“Sir,” retorted Martin, “we shall use Mr. Jefferson so as not to abuse
him. Remember that the life and liberty of Colonel Burr are shown to
be no longer dependent on Virginians, and therefore I am free from
any restraint in declaring what I think.” In this scornful thrust at
Virginians might be discerned a reply to Editor Ritchie’s belittlement
of the capacity of a certain Maryland lawyer.
Public-domain text, read in full here on John Shaqi.
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