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
Still another incident illustrated the zeal of the President of the
United States to win a conviction against Colonel Burr. It will be
recalled that Dr. Eric Bollman, the German adventurer, was one of
the messengers dispatched to Wilkinson with the fateful letter which
Wilkinson later disclosed; that when the conspiracy collapsed Wilkinson
arrested him and Swartwout and shipped them east to Washington under
arrest on charges of treason. Bollman shortly thereafter went to the
President and denied some of the exaggerated charges against Burr
that were being published in the newspapers. Bollman’s purpose was
to show that the plan did not involve a division of the Union, but
only an expedition against Spain. He was received by the President
in the presence of Secretary of State James Madison, who listened
sympathetically to what he had to say. The President suggested that
Bollman put his oral statements in writing, which Bollman did. The
German admitted later that, because of his difficulties with the
English language, some of his statements may have been misleading.
It was his understanding that Mr. Jefferson promised not to use them
against him or to let them out of his keeping. Mr. Jefferson appears to
have understood differently.
As early as May 20 the President wrote Hay that he was sending him some
blank pardons that were to be filled out at Hay’s discretion “if you
should find a defect of evidence and believe that this could supply
it.” However, he cautioned Hay that they were not to be given to gross
offenders “unless it be visible that the principal will otherwise
escape.”
Bollman evidently was regarded by the President as a man whose
testimony would be sufficiently important to justify his being given a
pardon should he consent to turn State’s evidence. A week after sending
the blank pardons to Hay he wrote him that: “If a bill [against Burr]
be found and a trial had, his [Bollman’s] evidence is deemed entirely
essential, and in that case his pardon is to be produced before he goes
to book.” In short, Bollman was to be offered a pardon if he would
testify against Burr. But Bollman was not so keen to betray his friend.
Hay filled out the pardon; Bollman spurned it. Hay then wrote the
President for instructions.
“You ask,” replied the President, “what is to be done if Bollman
finally rejects his pardon, and the Judge decides it to have no effect.
Move to commit him immediately for treason or misdemeanor.” There were
times when the mild-mannered “Sage of Monticello” could be tough.
At this point the side play was interrupted by the arrival of
the Government’s star witness, Major General James Wilkinson,
Commander-in-Chief of the United States Army. In the excitement caused
by his martial entry the _subpoena duces tecum_ was brushed aside and
almost forgotten.
Public-domain text, read in full here on John Shaqi.
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