XXII. NOT A TRUE BILL.

The oft-deferred and eagerly expected hour came, in which the charges

brought against Aaron Burr by the United States District Attorney of

Kentucky were to be investigated before a Grand Jury, Judge Hary Innes

presiding. The court-room was crammed from wall to wall with a crowd

of men impatiently awaiting the first move in the anticipated war of

words between two famous lawyers, who were known to be not only

political antagonists, but also personal enemies. The cause of the

impending battle was worthy of the contestants. On the result of that

day's testimony and debate hung the fortunes of the conspirator and

his federaries. This Burr realized, though few of his devoted

adherents in that crowded room had suspicion that the charges against

him were true. In the minds of most of them he figured as a martyr, a

patriotic citizen maligned and traduced. There were many in that

assemblage who, had they believed his designs traitorous, would have

greeted him not with applause, but with a volley of rotten eggs.

When Judge Innes stepped behind the high desk of justice, and took his

official seat, a buzz of expectation went round. The clerk of the

court bustled in with an air of importance, and shook hands with the

District Attorney, whose troubled, anxious eye shot piercing glances

in every direction. Daviess appeared to be seeking for somebody he

hardly hoped to find. Old Jim, standing in a corner, craned his neck

to get a better view, wheezily murmuring in the ear of his friend, the

backwoodsman, "Jo looks cross. I reckon he has lost somethin'."

"'Spect he has lost his case," remarked Buckskin Breeches, stooping to

spit tobacco juice on the floor. At this moment a cheer, seconded by

general handclapping, announced the coming of Burr and his counsel,

Clay and Allen. The judge did not check the demonstration; on the

contrary, he smiled a beaming welcome and was unjudicial enough to nod

familiarly from his high bench.

The case was called with the usual forms of procedure, when, to the

disgust of Old Jim and the auditors generally, Daviess asked a further

postponement owing to the absence of an indispensable witness, John

Adair. The judge hesitated, Burr had nothing to say, and the

spectators manifested signs of democratic protest against being

disappointed in their hopes of a forensic entertainment. Burr's

lawyers were very willing to treat the populace to a taste of oratory,

which, in the guise of legal discussion, might produce remote

political effects, for office-seeking was a fine art in the good old

days of Jackson and Clay. Colonel Allen arose to insist that the

investigation go on or else be abandoned finally and entirely, and to

this the judge seemed to assent. Daviess, fearful that the court and

the balance of public opinion were against him, felt the difficulty of

his position, but determined to summon all his power of argument and

persuasion, hoping to turn the tide in his favor. A bold man, ready in

debate, sharp at repartee, the leader of his party, the District

Attorney was considered a match for any member of the Kentucky bar.

The judge, the assembled lawyers, and the waiting audience perceived

in the very attitude of Daviess, when he rose to plead for

postponement, that he was loaded with a great speech. They were not

mistaken. For more than an hour he held the absorbed attention of

every listener. He set forth clearly and forcibly the fundamental

reasons why the accusation of treason against a prominent citizen

should be fully investigated.

"Your Honor," said he, in conclusion, "I appear before you and before

the people of this State and county, and before the throne of Almighty

God; I come in the discharge of an imperative duty, as a servant of

the United States, to which I am bound by a sacred oath; I come to lay

before you damning evidence that the accused is guilty of treason to

his country. Only give me time--grant me another day. I shall produce

unwilling witnesses whose testimony will convince even the most

prejudiced politician, will persuade even his own deluded followers

that Aaron Burr is engaged in machinations to destroy this Federal

Union which the men of Lexington and Bunker Hill fought and died to

establish. Behold the Brutus who would stab, not a despotic Cæsar,

but the nourishing bosom of his native country. We have here, in loyal

Kentucky, a Lexington, our most populous city. Remember that it was

named in commemoration of the first battle of the Revolution. Shall

our Lexington be suffered to become a hot-bed of sedition? No, your

Honor--a thousand times, no!"

The effect of this peroration was for the moment overwhelming. A dead

silence prevailed throughout the court-room. Garrulous Old Jim

attempted no sarcastic criticism; he rolled his blear eyes in the

direction of the backwoodsman and shook his head as if to say, "I give

it up." The climax of the day's oratory, however, was yet to come.

Daviess took his seat and Clay instantly sprang up to answer him.

"Harry of the West," already a popular idol, was the most celebrated

speaker in Kentucky. Not yet thirty years of age, he had just been

chosen to represent his State in the Senate of the nation. Burr,

soliciting his professional aid, had written a note denying either

treasonable intentions or complicity with traitors. "You may be

satisfied," wrote he, "that you have not espoused the cause of a man

any way unfriendly to the laws, the government, or the interest of his

country." Relying on this assurance, Clay gave his services without

fee, perhaps in anticipation of the satisfaction he would enjoy in

vanquishing with the tongue the man who had once challenged him to

mortal combat with pistols. His resolute mien, tall, graceful figure,

expressive gestures, flashing eye, and mellifluous voice captivated

independently of the substance of his discourse. Clay was eloquent by

nature. There was no resisting the flood of his impassioned speech.

In the course of his address, which was meant as much for the public

ear as for that of the judge, he said: "These paltry charges, may it

please your Honor, these foul and slanderous charges, the filthy ooze

of an irresponsible newspaper, are incredible, preposterous--nay,

mendacious! They are not made in good faith. The purpose of those who

are fomenting mischief, under the pretence of performing public duty,

is not what it professes to be. The motives underlying this show of

public virtue are sinister and selfish."

"Do you mean to cast reflections on my character, sir?" demanded

Daviess.

"Not at all. You are brilliant enough to shine by your own light.

Look, sir, a moment, at the history of this illustrious American

citizen whom you are called upon to vex and vilify; remember his

heroic conduct in war, his splendid services in peace; recall the

story of his public sacrifices and his private misfortunes; who, I

ask, is worthy of a generous people's gratitude and confidence if

Aaron Burr be not worthy? Do you charge him with disloyalty? him the

hero of Quebec, of Long Island, and of Monmouth? him the very sword

hand of Washington?" This flourish of rhetoric added an extra inch to

the length of Jim Sweet's craned neck.

"Sock it to 'em!" he tried to shout, but his phthisicky effort ended

in a spell of coughing.

"Order in the court!" shouted the clerk, fixing the disturber with

threatening eye.

"They tell us Republics are ungrateful, and it seems that my learned

friend, the district attorney, would have you believe that miserable

maxim. Out upon such a sentiment! We boast, sir, of the hospitality of

Old Kentucky, especially of the Blue Grass region, and well we may

boast. Our people are magnanimous--their hearts are great. But what

shall be said of the unspeakable meanness, baseness, perfidy, of that

man or that community which would betray the stranger at the gates,

that would traduce and malign a high-minded, unsuspecting guest? What,

your Honor, is the hospitality of that section or city in this vast

Republic, the function of whose tribunals is to protect the rights of

the individual; what is the hospitality of a neighborhood which

permits a citizen to lie in wait to assassinate a pilgrim of peace?

That, your Honor, is what the prosecutor purposes. He would blacken

the reputation of his brother who happens to be of a different

political complexion. He would filch from the ex-Vice-President of the

United States his good name."

"He'd flitch his own mother," ventured Jim, on whose brain the

dipperful of whiskey was producing mixed results.

"Hold yer gab," said the backwoodsman, hoarsely. "Listen!"

The orator turned full upon the district attorney and thundered: "Has

it come to such a pass that a private citizen cannot make a tour of

observation through this free country without being dragged before a

court to answer trumped-up accusations as preposterous as they are

malignant? What will become of your rights and mine? Will some

prosecuting attorney arrest me on my way to Washington, because I have

somewhere, at some time, expressed private opinions from which he

dissents! I would like Mr. Daviess to tell us what the Constitution

means? Does it not insure to us all the right of habeas corpus?"

The outcome of the day's debate was a substantial victory for Burr,

though a technical one for Daviess. The court adjourned to the

following morning. Again the officers of the county, the jury, the

lawyers, and the great concourse of citizens, assembled. The district

attorney submitted his indictment and sent his evidence to the jury.

The jury heard witnesses and returned the presentment, "Not a true

bill."

On hearing the foreman announce this decision, the partisans of Burr

and his counsel broke out in tumultuous rejoicing. Hadley stood up on

a bench and shouted:

"Three cheers for Aaron Burr; Hip, hip, hurrah!"

The judge could not or did not check the enthusiasm.

"Three and a tiger for Clay!" squeaked Old Jim, and the cheers were

repeated.

Burr, escorted by his attorneys, made his way through the crowd,

shaking hands right and left. On the sidewalk, near the court-house,

the three gentlemen were accosted by the ghostly Solitarius.

"Awake from your dreams!" said the mild lunatic, in his peculiar,

hollow, monotonous voice--and he rolled his overlustrous eyes upon

Burr.

"Brethren, be not forgetful to entertain the stranger! I am that

Solitarius, to whom this new gospel was revealed, by an angel of God,

while I dwelt in a cell at the foot of the Alleghany Mountains, in the

year of our Lord 1799."

Clay drew his client forward by the arm, but not before "Solly" had

thrust into Burr's hand a copy of the "Millennial Prophecy."

"Awake from your dreams!" These repeated parting words of the crazy

prophet stuck in Burr's memory.

The ordeal of a legal investigation had been endured, apparently

without scath to the accused. The grand jury, not satisfied with

acquitting Burr, pressed upon him a written declaration, signed by

every member, exonerating him completely. A public ball was given in

his honor. Exulting in his triumph, he danced and made merry, admired

by the chivalry and adored by the beauty of the choicest society in

Frankfort and Lexington.

On the very day in which Daviess moved for a process to compel Burr's

appearance before the Frankfort court, a woman clothed in black and

closely veiled was granted an interview with the President of the

United States, in his private office at Washington City. She came from

Philadelphia, and appeared to have no acquaintance in the new capital

on the Potomac. She declined to unveil her face or to impart her name.

"I am here to put into the hands of the President a written statement,

accompanied by copies of letters and other documents, revealing the

secret plans of a conspirator, who, if not quickly arrested in his

career of treason, will disrupt this Union and establish a rival

government in the Southwest."

The President mechanically accepted the package handed him, and the

mysterious woman left his apartment, re-entered her carriage, and

ordered the driver to take the road back toward Philadelphia.

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