The other counsel for Burr were Charles Lee, an Ex-Attorney-General
of the United States, and a lawyer of much learning; “Jack” Baker,
who was more of a “good fellow” than lawyer; and Washington Irving,
then attracting some attention in the field of letters, who to use his
own words, “went to Richmond on an informal retainer from one of the
friends of Col. Burr,” although, as he said, “his client had little
belief in his legal erudition, and did not look for any approach to a
professional debut, but thought he might in some way or other be of
service with his pen.”
But of the defense _facile princeps_ was Burr himself. He was keenly
alive to every proceeding, and while the burden fell upon others, no
move was made, or point conceded, without his sanction. Mr. Robertson,
the reporter of the trial, says: “Among these stood Aaron Burr, proudly
pre-eminent in point of intelligence to his brethern of the bar, who
had been vice-president of the United States, and now accused of the
highest and darkest crime in the criminal code. Standing before the
Supreme tribunal of his country, and with the eyes of the nation
upon him, he was, in the opinion of many, already condemned. He had
the talent and tact, and the resources of the Government to contend
against, and every faculty of his mind was exerted in his own defense.
The magnitude of the charge, the number of persons involved, the former
high standing and extraordinary fortunes of the accused, had excited an
interest in the community such as never before had been known.”
[Illustration: WARRANT FOR ARREST OF BURR
_Facing p. 20_
]
The Marshal had summoned for service on the grand jury the most
intelligent and representative citizens of the Commonwealth.
Prominent among them was William B. Giles. He had served in both
branches of the Legislature of Virginia; had been Governor of the State
of Virginia; and representative and senator in the Congress of the
United States. Senator Giles was a partisan of Jefferson, a member of
what John Randolph called “the President’s back-stair cabinet.” He was
the leader of the republicans in the Senate, and had been foremost in
the assaults on the “last stronghold of Federalism--the Judiciary.”
When Senator Giles was called on the _voir dire_ he was challenged
personally by Burr. Burr claimed the same right of challenging grand
jurors for favor that he had of challenging petit jurors, and was
sustained in his position by the Chief Justice. His objection to Giles
was that, on occasions in the Senate, he had pronounced his opinion on
certain documents sent to that body by President Jefferson attributing
to Burr treasonable designs, and upon such information advocating the
suspension of the writ of _habeas corpus_. He stated that he could
produce evidence, if necessary, of public utterances of Senator Giles
confirming these views. Senator Giles was stricken from the panel.
Public-domain text, read in full here on John Shaqi.
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