CHAPTER XX--HOW AARON IS FOUND INNOCENT

THE indictments are read, and Aaron pleads “Not guilty!” Thereupon

Luther Martin moves for a _subpoena duces tecum_ against Jefferson,

commanding him to bring into court those written orders from the files

of the War Department, which he, as President and _ex officio_ commander

in chief of the army, issued to the red-nosed Wilkinson. Arguing the

motion, the violent Martin proceeds in these words:

“We intend to show that these orders were contrary to the Constitution

and the laws. We intend to show that by these orders Colonel Burr’s

property and person were to be destroyed; yes, by these tyrannical

orders the life and property of an innocent man were to be exposed to

destruction. This is a peculiar case, sirs. President Jefferson has

undertaken to prejudge my client by declaring that ‘of his guilt there

can be no doubt!’ He has assumed to himself the knowledge of the Supreme

Being, and pretended to search the heart of my client. He has proclaimed

him a traitor in the face of the country. He has let slip the dogs of

war, the hell-hounds of persecution, to hunt down my client. And now,

would the President of the United States, who has himself raised all

this clamor, pretend to keep back the papers wanted for a trial where

life itself is at stake? It is a sacred principle that the accused has a

right to the evidence needed for his defense, and whosoever--whether

he be a president or some lesser man--withholds such evidence is

substantially a murderer, and will, be so recorded in the register of

heaven.”

Argument ended, Marshall, chief justice, sustains the motion. He holds

that the _subpoena duces tecum_ may issue, and goes so far as to say

that, if it be necessary to the ends of justice, the personal attendance

of Jefferson himself shall be compelled.

The charge is treason, and no bail can be taken; Aaron must be locked

up. The Governor of Virginia offers as a place of detention a superb

suite of rooms, meant for official occupation, on the third floor of the

penitentiary building. Marshall, chief justice, accepting such proffer,

orders Aaron’s confinement in the superb official suite. Aaron takes

possession, stocks the larder, loads the sideboards, and, with a cloud

of servitors, gives a dinner party to twenty friends.

The lustrous Theo arrives, and makes her residence with Aaron in

the official suite, as lady of the establishment. Each day a hundred

visitors call, among them the aristocracy of the town. Also dinner

follows dinner; the official suite assumes a gala, not to say a gallant

look, and no one would think it a prison, or dream for one urbane

moment that Aaron--that follower of the gospel according to Lord

Chesterfield--is fighting for his life.

Following the order for the _subpoena duces tecum_, and Aaron’s

dinner-giving incarceration in the official suite, Marshall, chief

justice, directs that court be adjourned until August--a month away.

Wirt, during the vacation, goes over to Washington. He finds Jefferson

in a mood of double anger.

“What did I tell you,” cries Jefferson--“what did I tell you of

Marshall?” Then he rushes on to the utterances of the violent Luther

Martin. “Shall you not move,” he demands, “to commit Martin as

_particeps criminis_ with Colonel Burr? There should be evidence to fix

upon him misprision of treason, at least. At any rate, such a step would

put down our impudent Federal bulldog, and show that the most clamorous

defenders of Colonel Burr are one and all his accomplices.”

Meanwhile, the “impudent Federal bulldog” attends a Fourth-of-July

dinner in Baltimore. Every man at table, save himself, is an adherent of

Jefferson. Eager to demonstrate that loyal fact to the administration,

sundry of the guests make speeches full of uncompliment for Martin, and

propose a toast:

“Aaron Burr! May his treachery to his country exalt him to the

scaffold!”

More speeches, replete of venom, are aimed at Martin; whereupon that

undaunted drunkard gets upon his feet.

“Who is this Aaron Burr,” he roars, “whose guilt you have pronounced,

and for whose blood your parched throats so thirst? Was not he, a

few years back, adored by you next to your God? Were not you then his

warmest admirers? Did not he then possess every virtue? He was then in

power. He had influence. You were proud of his notice. His merest smile

brightened all your faces. His merest frown lengthened all your visages.

Go, ye holiday, ye sunshine friends!--ye time-servers, ye criers of

hosannah to-day and crucifiers to-morrow!--go; hide your heads from the

contempt and detestation of every honorable, every right-minded man!”

August: The day of trial arrives. Wirt, with the dull, deferent Hay, has

gone over the testimony against Aaron, and arranged the procession

of its introduction. Wirt will begin far back. By the mouth of the

red-nosed Wilkinson--somewhat in hiding from Swartwout--and by others,

he will relate from the beginning Aaron’s dream of Mexican conquest.

He will show how the vision grew and expanded until it reacted upon the

United States, and the downfall of Washington became as much parcel of

Aaron’s design as was the capture of Mexico. He will trace Aaron through

his many conferences in Washington, in Marietta, in Nashville, in

Cincinnati; and then on to New Orleans, where he is closeted with

Merchant Clark and the Bishop of Louisiana.

And so the parties go into court.

The jury being sworn, Marshall, chief justice, at once overthrows those

well-laid plans of Wirt.

“You must go to the act, sir,” says Marshall.

“Treason, like murder, is an act. You can’t think treason, you can’t

plot treason, you can’t talk treason; you can only act it. In murder you

must first prove the killing--the murderous act, before you may offer

evidence of an intent. And so in treason. You must begin by proving the

overt act of war against the country, before I can permit evidence of an

intent which led up to it.”

This ruling throws Wirt abroad in his calculations. The “Federal

bulldog” Martin grows vulgarly gleeful, Wirt correspondingly glum.

Being prodded by Marshall, chief justice, Wirt declares that the “act

of war” was the assembling of forty armed men, under one Taylor, at

Blennerhassett Island. They stopped at the island but a moment, and

Aaron himself was in Lexington. None the less there were forty of them;

they were armed; they were there by design and plan of Aaron, with an

ultimate purpose of levying war against this Government. Wirt urges that

constructive war was at that very island moment being waged, with Aaron

personally absent but constructively present, and constructively waging

such war.

At this setting forth, Marshall, chief justice, puckers his lips, as

might one who thinks the argument far-fetched and overfinely spun.

Martin, the “Federal bulldog,” does not scruple to laugh outright.

“Was ever heard such hash!” cries Martin. “Men may bear arms without

waging war! Forty men no more mean war than four! Men may float down

the Ohio, and still no war be waged. Because the hypochondriac Jefferson

imagined war, we are to receive the thing as _res adjudicata_, and

now give way while a pleasantly concocted tale, of that carnage of a

presidential nightmare, is recited from the witness box. Sirs, you are

not to fiddle folk onto a scaffold to any such tune as that, though a

president furnish the music.”

Marshall, chief justice, still with pursed lips and knotted forehead,

directs Wirt to proceed with his evidence of what, at Blennerhassett

Island, he relies upon to constitute, constructively or otherwise, a

state of war. Having heard the evidence, he will pass upon the points of

law presented.

Wirt, desperate because he may do no better, puts forward one Eaton as

a witness. The latter tells a long, involved story, which sounds vastly

like fiction and not at all like fact, of conversations with Aaron.

Aaron brings out in cross examination, that within ten days after

he, Eaton, went with this tale to Jefferson, a claim for ten thousand

dollars, which he had been pressing without success against the

Government, was paid. Aaron suggests that Eaton, to induce payment

of such claim, invented his narrative; and the suggestion is plainly

acceptable to the jury.

Following Eaton, Wirt calls Truxton; and next the suspicious Morgan,

who first wrote to Jefferson touching Aaron and his plans. Then

follow Blennerhassett’s gardener and groom, and one Woodbridge,

Blennerhassett’s man of business. Wirt, by these, proves Aaron’s

frequent presence on the island; the boats building at Marietta; the

advent of Taylor with his forty armed men, and there the relation ends.

In all--the testimony, not a knife is ground, not a flint is picked, not

a rifle fired; the forty armed men do not so much as indulge in drill.

For all they said or did or acted, the forty might have been explorers,

or sightseers, or settlers, or any other form of peaceful whatnot.

“I suppose,” observes Marshall, chief justice, bending his black eyes

warningly upon Wirt--“I suppose it unnecessary to instruct counsel that

guilt will not be presumed?”

Wirt replies stiffly that counsel for the Government, at least, require

no instructions; whereat Martin the “Federal bulldog” barks hoarsely

up, that what counsel for the Government most require, and are most

deficient in, is a case and the evidence of it. Wirt pays no heed to

the jeer, but announces that under the ruling of the court, made before

evidence was introduced, he has nothing more to offer touching acts of

overt war. He rests his case, he says, on that point; and thereupon, the

defense take issue with him. The Government, Aaron declares, has failed

to make out even the shadow of a treason. There is nothing which demands

reply; he will call no witnesses.

Marshall, chief justice, directs that the arguments to the jury be

proceeded with. Wirt is heard. Being imaginative, and having no facts,

he unchains his fancy and paints a paradise, whereof Aaron is the

serpent and Blennerhassett and his moon-visaged spouse are Adam and Eve.

It is a beautiful picture, and might be effective did it carry any grain

of truth. However, it is well received by the jury as a romance full

of entertaining glow and glitter; and then it is put aside from serious

consideration.

While Wirt the fanciful is thus coloring his invented paradise, with

Aaron as the serpent and the Blennerhassetts the betrayed Adam and Eve,

the “betrayed” Blennerhassett, sitting by Aaron’s side, is reading the

“serpent” a letter, that day received from Madam Blennerhassett. The

missive closes:

“Apprise Colonel Burr of my warmest acknowledgments for his own and

Theo’s kind remembrances. Tell him to assure her that she has inspired

me with a warmth of attachment that never can diminish.”

On the oratorical back of Wirt come Wickham, Hay, Randolph, Botts,

and McRae. Lastly Martin is heard, the “Federal bulldog” seizing the

occasion to bay Jefferson even more violently than before. When they

are done, Marshall, chief justice, lays down the law as to what should

constitute an “overt act of war”; and, since it is plain, even to the

court crier, that no such act has been proven, the jury hurry forward a

finding:

“Not guilty!”

Jefferson, full of prejudice, hears the news. He writes wrathfully to

Wirt:

“Let no witness depart without taking a copy of his evidence, which is

now more important than ever. The criminal Burr is preserved, it seems,

to become the rallying point of all the disaffected and worthless of

the United States, and to be the pivot on which all the conspiracies and

intrigues, that foreign governments may wish to disturb us with, are to

turn. There is still, however, the misdemeanor; and, if he be convicted

of that, Judge Marshall must, for very decency, give us some respite by

a confinement of him; but we must expect it to be very short.” There

is a day’s recess; then the charge of “levying war against Mexico” is

called. The red-nosed Wilkinson now tells his story; and is made

to admit--the painful sweat standing in great drops upon his purple

visage--that he has altered in important respects several of Aaron’s

letters. Being, by his own mouth, a forger, the jury marks its estimate

of the red-nosed one by again acquitting Aaron, and pronouncing a second

finding: “Not guilty!”

Thus ends the great trial which has rocked a continent. Aaron is free;

his friends crowd about him jubilantly, while the loving, lustrous Theo

weeps upon his shoulder.

An American Patrician, or The Story of Aaron Burr Illustrated · 第 20 / 25 章