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
It was, continued Mr. Martin, a sacred principle that in all such cases
the accused had a right to all the evidence needed for his defense.
Then, releasing his venom on Mr. Jefferson, he exclaimed: “Whoever
withholds willfully information that would save the life of a person
charged with a capital offense, is substantially a murderer, and so
recorded in the register of Heaven.”
Mr. Wirt of the prosecution jumped to his feet to express his
astonishment at the unrestrained language used by Mr. Martin. He even
had the temerity to attack the Chief Justice for permitting it in his
Court. Suppose, he said, there were foreigners present accustomed to
regular government in their own country. What would they infer from
hearing the Federal Administration thus reviled before the Federal
judiciary and the Administration likened to “blood hounds hunting the
man with a keen and savage thirst for blood”?
“Sir,” protested Wirt, looking squarely at Judge Marshall, “no man,
foreigner or citizen, who hears this language addressed to the Court,
and received with all the complacency at least which silence can imply,
can make any inference from it very honorable to the Court.” He hoped
the Court would compel a decent respect for that government of which
they themselves formed a branch.
As for tracking the accused with bloodhounds thirsting for blood, Mr.
Wirt wished to make it clear that, for their part, the prosecution
wished only a fair trial of the case. “If the man be innocent, in
the name of God let him go; but while we are on the question of his
guilt or innocence, let us not suffer our attention and judgment to be
diverted and distracted by the introduction of other subjects foreign
to the inquiry.”
For three days opposing counsel held forth until the Chief Justice,
with a sigh of exhaustion, announced that he had heard enough
arguments on which to base a sound opinion. He then proceeded to
deliver it. If, said Judge Marshall, upon any principle the President
could be construed to stand exempt from the general provisions of
the Constitution, it would be because his duties as chief magistrate
demanded his whole time for national objects. But, he observed, it was
apparent that this demand “was not unremitting.”
The last remark was a sly dig at Mr. Jefferson for spending several
months every summer away from Washington at Monticello, his country
estate in Albemarle County, Virginia.
Now, continued Judge Marshall, if the public’s demand on the
President’s time should exist when his attendance at court was
required, it could be sworn to on the return of the subpoena. It might
serve as an excuse for not obeying the Court. But it did not serve as a
reason for not issuing the subpoena.
Public-domain text, read in full here on John Shaqi.
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