The law and reasoning of the decision of the Chief Justice were
convincing. Jefferson knew that under the Constitution the President
had no superior right to those of any other citizen, and, while
directing substantially all papers required by the subpœna _duces
tecum_ to be furnished, he refused to appear in person in court. He
openly defied the process of the court. He intimated that if the court
attempted to enforce its writ he would meet force with force. The
Chief Justice realized what this meant, and the matter was quietly
dropped.
On Saturday, June 13th, twenty-two days after the court had convened,
General Wilkinson arrived in the city of Richmond, and on the following
Monday he was sworn and sent to the grand jury, with a notification
that it would facilitate their inquiries if they would examine him
immediately.
Wilkinson was at the head of the army and Governor of the territory
of Louisiana, to which latter office he had been appointed about the
close of the session of Congress that Burr as Vice-President presided
over the Senate. Between him and Burr a long friendship had existed.
They had been fellow soldiers in the War of the Revolution--had shared
together the hardships of the winter of 1775-6, and the perils of the
unsuccessful attack on the city of Quebec. While it was true they had
seen very little of each other since the war they had at intervals,
and only a short time before the arrest of Burr, corresponded
confidentially and in cipher. He was undoubtedly in the secrets of
Burr, until he saw the impending explosion, and then he became active
in exposing the plot and bringing Burr to trial. Certain it is that
Burr regarded him as an associate and denounced his treachery.
The meeting between Burr and his former friend Wilkinson was dramatic,
and is graphically described by Washington Irving.
“Burr,” says Irving, “was seated with his back to the entrance, facing
the judges, and conversing with one of his counsel when Wilkinson
strutted into the court and took a stand in a parallel line with Burr
on his right hand. Here he stood for a moment swelling like a turkey
cock, and bracing himself up for the encounter of Burr’s eyes. The
latter did not take any notice of him until the Judge directed the
clerk to swear General Wilkinson; at the mention of the name Burr
turned his head, looked him full in the face with one of his piercing
regards, swept his eye over his whole person from head to foot, as if
to scan its dimensions and then cooly resumed his former position, and
went on conversing with his counsel as tranquilly as ever. The whole
look was over in an instant, but it was an admirable one. There was no
appearance of study or constraint in it; no affectation of disdain or
defiance; a slight expression of contempt played over his countenance,
such as you would show on regarding any person to whom you were
indifferent, but whom you considered mean and contemptible.”
Public-domain text, read in full here on John Shaqi.
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