Shout treason : $b the trial of Aaron Burr — John Shaqi
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
President Jefferson had taken his time in acting against the alleged
conspirators. He had been waiting for tangible evidence that would
stand up in a court of law. Once he was convinced that he had it he
moved with dispatch and determination to find Burr guilty. Otherwise,
after the unequivocal charge of “guilt beyond question” proclaimed
to the nation in his special message to Congress, he and his
administration would be made to look ridiculous. If the Chief Justice
cooperated to this end, all well and good. If on the contrary, as
Jefferson foresaw, the Chief Justice raised obstructions in favor of
the prisoner, he would do well to look to his own head. It was already
being rumored that the President was so set on getting rid of Marshall,
and so confident that doing so was a mere matter of time, that he had
already chosen a successor in Spencer Roane, another Virginian, but one
consecrated to the cause of Republicanism.
And here at the very outset of the trial the Chief Justice was
prejudging the charge of treason by stating that if there had been
treason there must by now be evidence of it. But no evidence had been
produced before the court. In a letter to his friend Senator Giles, the
President unbosomed himself on the unreasonableness of the decision.
“In what terms of decency can we speak of this?” he asked. “As if an
express could go to Natchez, or the mouth of the Cumberland and return
in five weeks, to do which has never taken less than twelve!... But
all the principles of law are to be perverted which would bear on the
favorite offenders who endeavor to overturn this odious republic!...
The nation will judge both the offender and the judges for themselves.
If a member of the Executive or Legislative does wrong, the day is
never far distant when the people will remove him. They will see
then and amend the error in our Constitution which makes any branch
independent of the nation.... If their protection of Burr produces this
amendment, it will do more good than condemnation would have done ...
and if his punishment can be commuted now for a useful amendment of
the Constitution, I shall rejoice in it.”
If letting Burr go scot free resulted in checkmating Marshall and
putting the judiciary in its place, Mr. Jefferson was willing to pay
even that price. As for the lack of witnesses the Government, if the
Chief Justice would only give it reasonable time, would take care
of that. From Washington, Attorney General Rodney sent out printed
circulars for wide distribution throughout the western country urging
every good citizen to step up and communicate to the Government any
information which might “contribute to the general welfare.” The
allusion was obvious. A deputy marshal and special messenger were
dispatched to Wood County, Virginia, to round up witnesses from the
vicinity of Blennerhassett Island where the overt act of treason was
alleged to have occurred.
Public-domain text, read in full here on John Shaqi.
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