The Life of John Marshall Volume 3 of 4

should suffer Burr to escape, Marshall himsel

before the public. Go into any expense

war, the hell-hounds of persecution,

prejudice, you can chain him down

the bench and opened court. So occupied was every foot of space that it was with difficulty that a passage was opened through which the tall, awkwardly moving, and

elegant attire-hair powdered and queues tied in silk, knee breeches and silver buckles, long rich cloth coats cut half away at the waist, ruffle

fringed deerskin coats and "leggings" of the same material kept in place by leather belts; hair sometimes tied by strings in uncouth queues, but more often hanging long and unconfined-in such garb appeared the greater part

and the heaven-sent leader of the people. Among these Jeffersonians, however, were several who, qu

who were convinced that democracy meant the ruin of the Republic, and who profoundly believed that Jefferson was nothing more than an intriguing, malicious

efore it was squirted freely upon the floor and wall. Those who did not chew the weed either smoked big cigars and fat pipes or contented themselves with taking snuff.[1018] Upon recess or adjournment of court, all, regula

y to witness the prosecution of that fallen angel whose dark deeds, they had been made to believe, had been in a fair way to destroy the Nation. The inns could shelter but an insignificant fraction of them, and few were the private houses that did not take in men whom the taverns coul

te House. R

presided at t

first held opinions contrary to the prevailing sentiment, or who entertained doubts of Burr's guilt, kept discreetly silent. So aggressively hostile was public feeling that, weeks later, when the bearing and manners of Burr, and the devotion, skill, and boldness of his counsel had soften

the people against that horrible and dangerous doctrine of constructive treason which had sta

f the courts against those charged with treason, so inhuman the execution of judgments upon persons found guilty under these rulings, so slight the pretexts that sent innocent men and women to their death,[1023] that the fram

of 1787 had been in accord, and their solution of the question had been the one and the

d and might have been convicted as "traitors" under the British law of constructive treason.[1025] "None," said Justice James Iredell in 1792, "can so highly ... prize these provisions [of the Constitution] as those who are best acquainted with the abuses which have been practised in o

rs from the time our National Government was established, the reasons for writing into the Constitution the rigid provision c

n. Most of the small number who realized the cause and real meaning of the American Constitutional provision as to treason were overawed by the public frenzy

t that of a rough backwoodsman,"[1029] mounted the steps of a corner grocery and harangued the glowering assemblage that gathered in front of him.[1030] His daring, and an unmistakable air that advertised danger to any who disputed him, prevented that violent interruption certain to have been visited upon one less bold and formidable. He praised Burr as a brave man and a

ever intended by Burr."[1032] Throughout the extended and acrimonious contest, Jackson's conviction grew stronger that Burr was a wronged man, hounded by betrayers, and the victim of a political conspiracy to take his life and

the military advancement of the refractory Tennesseean during the War of 1812.[1034] On the other hand, Burr never ceased to be grateful to his f

riotous were the efforts to get into the hall where the trial was held, though it was situated on a steep hill and "the ascent to the b

riking scene, and beheld the man whose plans to invade Mexico he himself, more than a generation afterward, was to carry out as Commander of the American Army. Scott, there and then, arrived at conclusions which a lifetime of thought and experiences confirmed. "It was P

, the other was Aaron Burr. Winfield Scott tells us of the manner of the imperiled man as he appeared in court on that sultry midday of May: "There he stood, in the han

; John Wickham, whose commanding presence corresponded well with his distinguished talents and extensive learning; Benjamin Botts, a very young lawyer, but of conceded ability and noted for a courage, phy

now abandoned, and who, by his brilliant gifts of intellect and character, was beginning to lay the solid foundations of his notable career; and Alexander MacRae, then Lieutenant-Governor of Virginia-a sour-tempered, aggressive, well-informed, and alert old Sc

p his mind in any question which arose, he would have that assistance upon which he so much reli

ny opinion the President expressed. The whole bar understood the strength and limitations of the Chief Justice, the power of his intellect no less than his unfamiliarity with precedents and the learning of

the clerk had called the names of those summoned on the grand jury, Burr arose and addressed the court. Clad in black silk, hair powdered and queue tied in perfect fashion, the e

rward, some of those who heard him could repeat sentences spoken by him.[1042] Burr now objected to the panel of the grand jury. The law, he said, required the marshal t

s against colonel Burr, and by means which we shall presently unfold." Marshall sustained Burr's exception: undoubtedly the marshal had acted "with the most scrupulous regard to what he believed to be the law," b

he documents in Jefferson's Special Message to Congress, Giles had advocated that the writ of habeas corpus be suspended, and this, argued Burr, he could have done only if he supposed "that t

graciously offered to withdraw. Marshall mildly observed that "if any gentleman has made up and declared his mind, it would be best for him to withdraw." With superb courtesy, Burr disavowed any reflection on

t upon "further inquiry" if Nicholas would withdraw as Giles had done. Nicholas then addressed the court. He had been a member of the National House, he said, "when the attempt was made to elect colonel Burr pres

ore, he had not desired to serve on the grand jury and had asked the marshal to excuse him. He had finally consented solely from his delicate sense of public duty. Also, said Nicholas, he had been thre

a reputation of scrupulous delicacy," and had determined to heed the counsel of his friends, still, he now found himself so confused that h

r Burr had been brought to Richmond, Jefferson had written Nicholas a letter of fulsome flattery "beseeching" him to return to the National House in the pl

quiet but authoritative manner the "attempt to intimidate" Nicholas as "a contrivance of some of [his] enemies for the purpose of irritating" the hot-blooded Republican politician "and increasing the public preju

ing investigation. Burr said that he would not object to Eggleston: "the industry which has been used through this country [Virginia] to prejudice my cause, leaves me very little chance, indeed, of an impartial jury."

prepossession." "Really," observed Burr, "I am afraid we shall not be able to find any man without this prepossession." Marshall again stated "that a man must not only have formed

f Justice also to advise the men who were to decide the question of his indictment "as to the admissability of certain evidence" which he supposed Hay would lay

ground with every other man. This is the first time [since the military seizure] that I have been permitted to enjoy the rights of a citizen. How have

ow urge his objections to Marshall's opinion in the Bollmann-Swartwout case;[1055] but he pointed out "the best informed juryman might be ignorant of m

nced "the activity of the Government."[1056] Upon Hay's pledging himself that he would submit no testimony to the grand jury "without notice being first given to Colonel Burr and his counsel," Marshall adjourned the court

patronised and supported." Hay assured Jefferson, however, that he would "this day move to commit him for treason."[1057] Accordingly, he announced in the presence of the grand jury that he would again ask the court to imprison Burr on that accusation. In order, he said, that the i

was to place upon the court the functions of the grand jury. Burr wanted no delay. His dearest wish was to "satisfy his country ... and even his prosecutors, that he is innocent." Was ever a man so pursued? He had been made the victim of unparalleled military despotism; his legal rights had been ignored; hi

ht be announced before he reached Richmond. Who could tell the effect on Burr of such dread tidings? The culprit might e

are laboring to ruin" Burr. "The press, from one end of the continent to the other, has been enlisted ... to excite prejudic

e Government wished to oppress any citizen, drag him by military force over the country, prejudice the people against him, it would "pursue the very same course which has now been taken against colonel Burr." The p

displeasure ... to another quarter." Wickham's speech was not meant for the court, exclaimed Wirt, but for "the people who surround us," and so, of cours

der has been given to treat colonel Burr as an outlaw, and to burn and destroy him and his property." Jefferson, when requested, had furnished the House information;-"would to God he had stopped here, as an executive officer ought to h

o Hay, said that two months previous the District Attorney had declared that he had enough evidence to justify the commitment, and surely he must have it now. Nearly half a year had elapsed since Jefferson had "declared that there was a crime," and y

ecution demanded his imprisonment on ex parte evidence which would be contradicted by his own evidence if he could adduce it. Worse still! The Government affidavits against him "are put

ernment is so high as to be beyond the reach of criticism"-that was a fundamental principle of liberty. This was especially true when the Government prosecuted a citizen, because of "the vast disproportion of m

e military authority," dragged before "particular tribunals," and forced to give testimony; his papers taken; orders to kill him issued; post-offices broken open and robbed-"

they have been hunting for it and cannot find one spot where it existed. There was, to be sure, a most terrible war in the newspapers; but no where else." He ha

kes clear, also, the plan of defense which Burr and his counsel were forced to adopt. They must dull the edge of public opinion sharpened to a biting keenness

d upon his indictment, and gone to trial, relying only upon the evidence. But not in the Virginia of 1807, with the mob spirit striving to overawe jury an

rers were able to repeat to the thousands who could not get into the hall what had been said by the advocates. From the very first the celebrated trial of Aaron Burr was a contest for the moment

blic repute[1064]-perhaps even his personal safety[1065] and his official life[1066]-but also the now increasing influence and prestige of the National Judiciary were in peril. However, he mus

in the exercise of it? Neither side had made the first point, and Marshall mentioned it only "to show that it [had] been considered." Briefly he demonstrated that the court was clothed with authority to grant

died "by other means than by refusing to hear the motion." Every honest and intelligent man extremely deplored "any attempt ... to prejudice the public judgment, and to try any person," not by the law and the evidence, but "by public feelings which may be and often are art

tirement" of Giles and Nicholas from the grand jury "with the permission of the court." The opening of the prosecution had certainly begun "under very inauspici

estioned in court, then Hay must "have every man privately examined by way of affidavit," and send Jefferson "the whole testimony" in that form. "This should be done before they receive their

n used on public sentiment! But now the Republican press could not exclaim against Marshall's "leniency" to "traitors" as it had done. The people were deprived of fr

newspaper notoriety, he would try to arrange with Burr's counsel for the prisoner's appearance under additional bail, thus avoiding insistence upon the Govern

s intense regret, Hay lamented that he was thus forced to examine his witnesses. Driven to this unpleasant duty, he would follo

s concerned in it."[1071] Hay floundered-there was one great plot, he said, the two parts of it "intimately blended"; the projected attack on Spain an

y idle tale which is set afloat has been eagerly caught at. The people here are interested by them; and they circulate all over the country."[107

ain. "His character has long been upon public torture; and wherever that happens ... the impulses to false testimony are numerous. Sometimes men emerge from the sinks of vice and obscurity into patronage and distinction by circulating interesting tales, as all those of the marvelous kind are. Others, from expectation of office and reward, volu

here was no other evidence to prove the overt act." Therefore, "no part of it [was] admissible at this time."[1074] T

at Mrs. Blennerhassett had sent him to Kentucky with a letter to Burr warning him not to return to the island; that Burr was surprised at the people's hostility; that Blennerhassett, who was also in Kentucky, confided they were going to take Mexico and make Burr king, and Theodosia queen when her father died; also that Burr, Blennerhas

ng to the United States-if Bennett could not sell, he was to tell where they were, and Blennerhassett "would steal them away in the night"; that his empl

t and thirty men in four boats fled in the night: some of

expedition which was going "to settle a new country." Two men whom the Dutch laborer met in the woods hunting had revealed to him that they were "Burr's men," and had disclosed that "they were going to take a silver mine from the Spanish"; that when the party was ready to leave the island, General Tupper of Ohio had "laid his hands upon Blennerhasse

e Administration. In his answers to these, Allbright had said that the muskets were pointed at Tupper as a joke.[1077] Both Tayl

e peace, before whom the deposition was taken, was defective. For the remainder of the day the opposing lawyers wrangled over these points. Marshall adjourned court and "took time to consid

ER M

, appeared as one of Burr's counsel.[1079] The great lawyer had formed an ardent admiration and warm friendship for Burr during the trial of the Chase impeachment,[1080] and this had been intensified when he met Theodosia, with whom

of the grand jury; and that the "appearance of colonel Burr could be secured without ... proceeding in this inquiry." Burr denied the right of the court to hold him on bail, but said that if Marshall was "embarrassed," he voluntarily would furnish additio

the grand jury until he arrived, although scores of witnesses were present. Andrew Jackson was very much in town, as we have seen. So was Co

by his loud blustering against the quiet, courteous, dignified prisoner.[1085] Also, at gambling-tables, and by bets that Burr would be convicted, the African hero was making f

een him and Marshall an animated discussion grew out of the charge that Burr had plotted to cause the secession of the Western States; it was a forecast of the tremendous debate that was to end only at Appomattox. "Judge Tucker, t

e is deemed entirely essential, & ... his pardon is to be produced before he goes to the book." Jefferson had become more severe as he thought of Bollmann, and now actually directed Hay to show, in open court, to this new object of Pr

to do all he could for Burr. Marshall's partiality showed, insisted Jefferson, "the original error of establishing a judiciary independent of the nation,

and in such a state of mind that he could not describe "the very extraordinary occurrences in this very extraordinary examination." Burr's "partizans" were gloating over the failure of Wilkinson to arrive. Bo

nied to be law," he directed Hay, and gave him the arguments to be used against it. An entire letter is devoted to this one subject: "I have long wished for a proper occasion to have the

g been "given extra-judicially & against law," and that the reverse of it would be Jefferson's

nstructions and the other eagerly supplying them. To others, however, the President explained that he c

be dismissed for several days, in order, merrily wrote Washington Irving, "that they might go home, see their wives, get their clothes washed, and flog their negroes."[1094] A crowd of men ready

imlessly discussing Wilkinson's journey to Richmond, Burr arose and said that he had a "proposition to submit" to the court. The President in his Message to Congress had m

o destroy" Burr's "person and property." He had seen these orders in print,[1096] and an officer had assured him that such instructions had actually been issued. It was indispensable that this be established. The Secretary of the Navy had refused to allow him or his counsel to inspect these orders. "Hence," main

decide that question without inspecting the papers? "Why ... issue a subp?na to the President?" inquired Hay. Because, responded Marshall, "in case of

ecause, he said, "I am not prepared to give an opinion on this point."[1098] Thus arose the bitter forensic struggle that prece

because "detention of them will afford [Burr] pretext for clamor." Besides, "L. Martin has been here a l

mmunicated, & to whom, I assure you of my readiness under that restriction, voluntarily to furnish on all occasions, whatever the purposes of justice may require." He had given the Wilkinson letter, he said, to the Attorney-General,

end the desired papers and expected to receive them within five days. They could not, however, be material, and he did not wish to discuss them. Martin insisted that the

nt of Burr called aloud not only for the court's protection of the persecuted man, but "to the protection of every citizen in the country as well."[1101] So it seemed to that discerning

nder the sanction of the president's name."[1103] The same might be done again; for this reason Burr applied "directly to the president." The choleric legal giant from Maryland could no longer restrain his wrath: "This is a peculiar case," he shouted. "The president has undertaken to prejudice my client by declaring, that 'of his gui

hat would save the life of a person, charged with a capital offence, is substantially a murderer, and so recorded in the register of heaven." Did Jefferson want Burr convicted? Impossible thought! "Would the president of the United States give his enemies ... the prou

ressed to the president of the United States." MacRae admitted that "a subp?na may issue against him as well as against any other man." Still, the President was not bound to

Chase when, in the trial of Cooper, that judge had refused to issue the writ now asked for; yet now they reli

en a "great and glorious virtue" if Burr "was aiming a blow at the vitals of our government and liberty." Martin's "fervid language" had not been inspired merely by devotion to "his honourable friend," said Wirt. It was the continued pursuit of a "policy settled ... before Mr. Martin cam

ounts to an insinuation of the sort." What would a foreigner "infer from hearing ... the judiciary told that the administration are 'blood hounds,' hunting this man with a keen and savage thirst for blood," and witnessing the court receive this language "with all complacency?" Surely no co

court, and the Judges "had been called upon to support their own dignity, by preventing the government from being abused," he would express his opinion. "Gentlemen on both sides had acted improperly in the style and spirit of their remarks; they had been to blame in endeavoring to excite the prejudices of the people; and had repeatedly accused each o

ld be subp?naed as a witness; that was in the discretion of the court. But Marshall ought not to grant the writ unless justice required it. The letter might be "of a private nature"; if so, it ought not to be

ds!" Did that give him "a right to resist the president's orders to stop him?" Never! "This would be treason." The assertion of the

r. The funeral pile of the prosecution is already prepared by the hands of the public attorney, and nothing is wanting to kindle the fatal blaze but the torch of James Wilkinson," who "is to officiate as the high priest of this human sacrifice.... Wilkinson will do many things rather than disa

s unconstitutional." It was not the business of the President "to give opinions concerning the guilt or innocence of any person." Directly addressing Marshall, Randolph continued: "With respect to your exhortati

t contain confidential statements. "What, sir," he shouted, "shall the cabinet of the United States be converted into a lion's mouth of Venice, or into a repertorium of the inquisition? Shall envy, hatred, and

ery order, however arbitrary and unjust, is to be obeyed, we are slaves as much as the inhabitants of Turkey. If the presidential edicts are to be the supreme law, and the

He would, he said, instruct the jury as confused questions arose. On further reflection and argument-Marshall's dearly beloved argument-he wrote additional instructions,[1112] but would not at present announce them. There must b

ion which proved his courage, divided Republicans, stirred all America, and furnished a theme of disputation that remains

Burr, the original of Wilkinson's letter to Jefferson, and the President's answer. To accomplish this object

ence is possessed, the uniform practice of this country [Virginia] has been, to permit any individual ... charged with any crime, to prepare for his defence and to obtain the process of the court, for the purpose of enabling him so to do." An accused person must e

"to be something more than a dead letter." Moreover, the act of Congress undoubtedly contemplated "that, in all capital cases, the accused shall be entitled to process before indictment found." Thus "immemorial usage," the language of the Cons

to the right given all persons charged with crime to compel the attendance of witnesses. "No person could claim an exemption." True, in Great Britain it was considered "to be incompatible with his dignity" for the K

t," continued Marshall, "it is apparent, that this demand is not unremitting"-a statement at which Jefferson took particular offense.[1114] Should the President be so occupied when his presen

uty of issuing a subp?na to the President than to perform that duty; "

paper in his possession, not on facts which have come to his knowledge otherwise than by writing?" Such a distinction is "too much attenuated to be countenanced in the tribunals of a just an

p?na may issue." The only difference between the two writs is that one requires only the atten

e judge. In Virginia, however, leave of the court is required; but "no case exists ... in which

its aid to motions obviously designed to manifest disrespect to the government; but the court has no right to refuse its aid to motions for papers to which the accused may be entitled, and which may be material in his defence." If this was true in t

a tribute of esteem and affection. He answered with tedious particularity the objections to the production of Wilkinson's letter to Jefferson, and then referred to

e chief magistrate of the Union as is compatible with its official duties." But, declared M

ould, of course, bitterly regret their conduct. "I will not say, that this circumstance would ... tarnish the reputation of the Gove

to myself, it would be to deplore, most earnestly, the occasion which should compel me to look back on any part of my official conduct with so much self-reproach as

Chief Justice, be issued, directed to Thomas

The auditors were almost as deeply stirred. Considering the peculiarly mild nature of the man and his habitual self-restraint, Marshall's language wa

shed" the conviction of Burr-such a desire was "completely abhorrent to [their] feelings." MacRae hoped that Marsh

but, he added dryly, "gentlemen had so often, and so uniformly asserted, that colonel Burr was guilty, and they had so often repeated it before the testim

e friends of the Judge, both personal & political, Condemned it. Alexr? McRae rose as soon as he had finished, and in terms mild yet determined, demanded an explanation of it. The Judge actually blushed." And, triumphantly continues the District Attorney, "he did attempt an explanation.... I observed,

Justice even apologized to the wrathful Hay: "After he had adjourned the Court, he descended from the Bench, and told me that he regretted the remark, and then by way of apology said, that he had been so pressed for time, that he had never read th

uses his pardon & is determined not to utter a word, if he can avoid it. The pardon lies on the clerks table. The Court are to decide whether he is really pardoned or not. Martin

opinion of John Marshall. In the fanatical politics of the time there was enough of honest adherence to the American ideal, that

rty organ in Virginia, did not criticize Marshall, nor did a single adverse comment on Marshall appear in that

Jefferson's anger blazed-but this time chiefly at Luther Martin, who was, he wrote, an "unprincipled & impudent federal bull-dog." But there was a way open to dispose of him: Martin had known all about Burr's criminal

urr?" Or "shall we move to commit L M as particeps criminis with Burr? Greybell will fix upon him misprision o

move to commit him immediately for treason or misdemeanor."[1122] But Bollmann, in open court, had

convincing as it was brief, that the Chief Justice should now deliver the supplementary charge to the grand jury

he District Attorney; "as these communications might criminate doctor Bollman before the grand jury, the president has communicated to me this pardon"-and Hay held out the shameful document. He had already offered it to Bollmann, he informed Marshall, but that incomprehensible person would neither accept nor reject i

accept thi

sir," firmly an

sent to the grand jury "with an in

don," broke in Luther Martin. He had not done so before only "bec

on of Bollmann. Marshall said that it would be better "to settle ... the validity of the pardon before he was sent to the

ay, white with anger. "Take care," he theatrically cried to Mar

"He is a man of too much honour to trust his repu

sperated Hay, "that doctor Bollman now possessed so much zeal

present, declare, whether he be really pardoned o

y then I ask you, Mr. Bollma

esponded Bollmann. "I repeat, that I would have refused it before,

scussion. One "reason why doctor Bollman has refused this pardon" was, said Martin, "that it would be considered as an admission of guilt." But "doctor Bollman does not admit that he has bee

y courts, bears too great a regard for his reputation, to wish to have it sounded throughout Europe, that he was compelled to abandon his honour through a fear of unjust persecutio

ity, in which Jefferson the lawyer shines brilliantly forth: "As is usual where an opinion is to be supported, right or wrong, he [Marshall] dwells much on smaller objectio

im, does not this supersede the general law, subjecting him to minor duties inconsistent with these? The Constitution enjoins his [the Presid

State sheriff"; yet, "would the Judge abandon major duties to perform lesser ones?" Or, imagine that a court in the most distant territory of the United States "commands, by subp?nas, the

and judiciary of each other." But where would be such independence, if the President "were subject to the commands of the latter, & to imprisonment for disobedience; if the s

our annual retirement from the seat of government, during the sickly season," Hay ough

ith ten witnesses, eight of them Burr's select men," as Hay gleefully reported to Jefferson.[1127] Fully attired in the showy uniform of the period, to the last item of martial decoration, the fat, p

cted 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 h

fixed until I was called to the Book-here Sir I found my expectations verified-This Lyon hearted Eagle Eyed Hero, sinking under the weight of conscious guilt, with haggard Eye, made an E

r three weeks Andrew Jackson to all whom he met had been expressing his opinion of Wilkinson in the unrestrained language of the fighting fron

rd of the American Navy-Commodore Thomas Truxtun. He was dressed in civilian attire.[1131] By his side, clad as a man of business, sat a brother naval

advertising those excesses which were already disgusting even the hard-drinking men then gathered in Richmond. Dozens of inconspicuous witnesses found humbler places in the audience, among the

had Bollmann; and now, one by one, Truxtun, Decatur, E

he same tale related in his

ion, the digging of a canal, and the building of a bridge. Later on Burr had told him that "in the event of a war with Spain, which he thought inevitable, ... he contemplated an expedition to Mexico," and had asked Truxtun "if the Havanna could be easily taken ... and what would be the best mode of

have nothing to do with it.... He observed to me, that in the event of a war [with Spain], he intended to establish an independent government in Mexico; that Wilkinson, the army, and many of

ished me to get the navy of the United States out of my head;[1136] ... and not to think more of those men at

cans were ripe for revolt." Burr "was sanguine there would be war," but "if he was disappointed as to the event of war, he was about to complete a contract for a large quantity of land on the Washita; that he intended to invite his friends to settle it; that in one year he would have a thousand famili

the event of a war with Spain." Truxtun testified that he and Burr were "very intimate"; that Burr

ibutaries, especially on voyages upstream. Truxtun had said they would. Burr had asked him to give the plans to "a naval constructor to make several copies," and Truxtun had d

] or not." He was so sure that Burr meant to settle the Washita lands that he was "astonished" at the new

he Navy, being "pretty full" himself of "resentment against the Govern

lough to accompany Burr for twenty days. Before leaving, Captain Bissel had "sent for [Dunbaugh] to his quarters," told him to keep "any secrets" Bu

had asked him to "steal from the garrison arms such as muskets, fusees and rifles," but Dunbaugh had also declined this reasonable request. As soon as Burr learned of Wilkinson's action, he told Dunbaugh to come ashore with him armed "with a rifle," and

gh did go out, however, and "got on the top of the boat." When the chopping ceased, he saw that "a Mr. Pryor and a Mr. Tooly got out of the window," and "saw two bundles of arms tied up with cords, and sunk by cords going throu

eceived"-and that he had erased some words of it and substituted others. He recounted the alarming disclosures he had so cunningly extracted from Burr's messenger, and enlarged upon the heroic measures he had taken to crush treason a

ons that I will not pester you with. Wilkinson is the only man I ever saw who was from the bark to the very core a villain.... Perhaps you never saw human nature

revelations which Wilkinson claimed to have drawn from him.[1142] The youthful Swartwout as deeply impressed the grand

le the Washita lands and in the event of war with Spain, and only in that event, to invade Mexico, with never an intimation of any project hostile to the United States-so it was that bills of indictment for treason and for misdemeanor were, on June 24, found against Aaron Burr of New York and Harman Blennerhassett of Virginia. Th

ecause of that body's misunderstanding of Marshall's charge

ent of Burr and Blennerhassett and asked for the letter from Wilkinson to Burr, referred to in Burr's cipher dispatch to Wilkinson, and now in the possess

n, unless "the extremity of circumstances might impel him to such a conduct." He could not, for the moment, decide; but that "unless it wer

ury calling before them and examining any man ... who laid und

d only for the letter. If they should wish Burr's presence at all, it would

ification and alarm. "If every trial were to be like that, I am doubtful whether m

rr. Then he described to Jefferson the intolerable prisoner's conduct: "Burr rose immediately, & declared that no consideration, no calamity, no desperation, should induce him to

" Hay did full credit, however, to Burr's appearance of candor: "The attitude & tone assumed by Burr struck everybody. There was an appea

ch he believed might criminate himself. The District Attorney read Jefferson's two letters upon the subject of the subp?na duces tecum. No pretext was too fragile to be seized by one side or the other, as the occasion for argument

write him down; his counsel are denounced for daring to defend him; the passions of the grand jury are endeavored to be excited against him, at all events";[1151] Hay's mind is "harder than Ajax's seven fold shield of bull's hide"; Edmund Randolph came into court "with mysterious looks of awe and terror ... as if he had something to communicate which was too horrible to be to

TNO

ol. i, 201,

oms continued in most American communities in

ler on "Richmond and its

-four years old when he

Marshall made this avowal to Luther Martin

ncis M. Finch, i

pretence of justice; for the most part they had been traitors themselves, and having risked their necks und

e, and ears there cut off; the intestines ripped out and burned "before the eyes" of the victim; and finally the head cut off. Details still more shocking were frequently added. See sentences upon William, Lord Russell, July 14, 1683 (State Trials

he Revolution, hundreds were tried for treason. Lewis alone, although then a ver

hat enough heads must be cut off to glut the vengeance

26, 1792, Iredell: McRee, ii, 349; and see Iredell's char

s case, Wharton: State Trials, 587-91; and Peters's opinion, ib.

is that of the nation.... Such is our present infatuation." (N

ildreth,

arton: B

ton: Jacks

Anderson, June 1

] Ib.

Ib. 3

also Parton: Jackson, ii, 258-5

yler, "Richmond and its

arton: B

of Lieut.-Gener

f Lieut.-General

American Lawyers:

n exaggerated (Kennedy, i, 68); but see his description of the bar of th

hassett Papers

arton: B

rr Trials

4] I

5] I

imosity toward the accused, conduct showing bias against him, and t

rr Trials

] Ib.

rr Trials

cholas, Feb. 28, 1807,

urr Tria

2] I

ess which Marshall tried so hard to display throughout the trial. However, several of Jefferson's most earnest personal friends were on

e: John Randolph, Jr., Joseph Eggleston, Joseph C. Cabell, Littleton W. Tazewell, Robert Taylor, James Pleasants, John Brockenbrough, Willia

finite perplexity during the trial; and he was put to his utmost ingenuity to extricate himself. The misconstruction by the grand j

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on, May 25, 1807, Jef

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22, 1807, Life and Letters of Wa

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n addressed to the people) that I was prepared to give the most direct contradiction to the injurious Statemen

effigy soon after the

ared, in the very midst of the contest, that it would b

supra, chap. iv), and during the trial he was op

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ee supra

May 26, 1807, Works: Fo

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1] I

] Ib.

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4] I

] Ib.

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9] I

t. Soc. Fund-P

assett Papers:

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d for Burr were: William Langburn, Thomas Taylo

assett Papers:

entiss, 396-403;

hassett Papers

Hay, May 28, 1807, W

ppes, May 28, 1807, W

on, May 31, 1807, Jef

Hay, June 2, 1807, W

-98; Hay to Jefferson, same date, Jefferso

ayton, Aug. 17, 1807,

. Hoffman, June 4, 1

95]

rder in the Natchez Gazett

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on, June 9, 1807, Jef

ay, June 12, 1807, Wo

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. Hoffman, June 4, 1

Venezuela. They made affidavit that the testimony of James Madison, Secretary of State, Henry Dearborn, Secretary of War, Robert Smith, Secretary of the Navy, and three clerks of the State Department, was necessary to their defense. Accordingly these officials were summoned to appear in court. They re

en. (Ib. 7-90.) One judge (undoubtedly Paterson) was "of opinion, that the absent witnesses should be laid under a rule to show cause, why an attachment should n

rson, and charged heavily against the defenda

together with Judge Talmadge's disagreement with Justice Paterson-who in disgust immediately left the bench under plea of ill-health (ib. 90

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Ib. 1

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Ib. 1

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Ib. 1

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ee infra

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. Smith and Ogden. (See

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on, June 14, 1807, Je

Ritchie-A Study in Vir

ay, June 17, 1807, Wo

ay, June 19, 1807, Wo

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ay, June 20, 1807, Wo

efferson MSS. Lib. Cong. This letter anno

been sent ahead on a pilot boat. (Graham to Madison, May 11, 1807, "Letters in Relation," MSS. Lib. Cong.) Graham incorrectly dated his letter

(Burr Trials, i, 196.) By Monday, however, he was su

ulding, June 22, 18

n, June 17, 1807, "Letters i

lm, dignified, and commanding," and that Burr glanced at him

? [of May] denouncing Wilkinson in the coarsest terms in every com

had been as savagely unsparing in his attacks on Jefferso

officer in any navy ever made a better record for gallantry, seamanship, and whole-hearted devotion to his coun

ted. Truxtun's reasonable request was refused by the Administration, and he wrote a letter of indignant protest to the Secretary of the Navy. To the surprise and dismay of the experienced and competent officer, Jefferson and his Cabinet construed his spirited letter as a resignation from the servic

in the American Navy as honorable but not so distinguished as that of Truxtun; and his service had been ended b

o be sold or laid up and most of the naval officers discharged. (Act of March 3, 1801, Annals, 6th Cong. 1st and 2d Sess. 1557-59.) Among the men whose life professio

attles in our naval war with France, while Stoddert was Secretary. The three men were close friends and all of them warmly resented the demolition of the Navy an

ee supra

of Eaton after his picturesqu

ver his cruel and unjustifiable separation from the Navy, which clouded his whole after life

timony given by Commodore Truxtun before the trial jury, whi

ng. 1st Sess. 452-63.

r misdemeanor (Annals, 10th Cong. 1st Sess,

ds to deliver himself of, that he claims at least two days more to dischar

matter, Jefferson's prestige, especially, being at stake. Yet seven out of the sixteen members of the

ical conditions at that time, Randolph observed: "Politics have usurped the place of la

bell, one of the grand jury. (An

gave his testimony, I must confess, raised him very high in my estimation, and induced me to form a very different opinion of him fr

at of conscious innocence." (Testimony of Jos

ee supra

ned by the grand jury. The names are gi

ills of Indictment," MSS. Archives of

New York, and Davis Floyd of the Territory of Indiana, were presented for treason. How Bollmann, Swartwout, Adair, Brown, an

ook the meaning of Chief Justice Marshall's opinion as to what sort of acts amounted to treason in this country, in the case of Swartwout and Ogden [Bollman

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on, June 25, 1807, Je

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tin's characteristic outbursts. E

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