The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1865-06-17
BURLINGTON SATURDAY, JUNE II 1866


1essedly the most acute and skillful exani-
ner Of witnesses in America. The trial
vas remarkable for the aspeYity with which
it was conducted on both sides. Luther
Martin, especially, jealous Federalnt,
manifested zeal against the Government
and the prosecutors which far surpassed
the bounds Of discretion. But the display
Q signal one, and the arguments Of counsel
involved the fullest exposition Of the law
OF treason, both under the common law
and statutes Of England, and as defined bv
the Federal Constitution, to be found any.
where. Some Of the speeches, too. abound
in rhetorical displays which have become
a!moet. classical. Wirt's highly wrought
picture OF Blennerhassett's leland and it's
Inhabitants. with its ''palace, its shrubbe.
Ty,. that Shenstone might have enyied,"
and its Emusic that might have charmed
Calypso and its nymphs,' is among these.
Burr never ceased to enjoy this bit Of 70.
manticism, and would repeat the most ex-
travagant passages in mock-heroic tones
when quite an old man.
Much Of the evidence brouoh: out on
the trial was intensely interesting. That
of Gen. Eaton, Gen. wilkinson, and Com.
modore Truxton, [who swore that Burr
assured him he would create q navy and
put him at the head Of it,) was among the
most important. Mr.. Parton asserts, in
his usual sweeping style, that sit was Ea.
tons evidence Of BuIr's Wild talk about
2 separation Of the Western States. and
throwing Congress into the Potomac,
which, In connection with the cipher to
Wilkinson, convinced the people Of the
United States that Aaron Burr was traitor. y
But he forgets the equally damning evi.
dence Of Colonel Morgan, Of Ohio, and his
two sons, all persons OF the highest veraci-
y and credit: Colonel Morgan testified
that Colonel Burr said, in less than i've
years you lmeaning the Vest viii b to.
tally divided from the Atlantic States.-
He said that with two hundred men, %
weak was the Government, that he would
drive Congress into the Potomac, and tho
President It the head Of them. There was
. reply mape 70 this BY one Of my sons,
that ho would be damned II he could take
our little town Of Cannonsburg with that
force" All Of which was Corroborated
by other witnesses.
Tho Indictment upon which Burr and
Blennerhassett were tried for treason set
forth that the defendants, with others, to
the number Of thirty pe1sons and up.
ward, had excited insurTection, rebellion
and war, against the United States, on
BlsnneThassett's Island, in the County Of
Wood, and District Of Virginia /; and did,
war against the United statee.'' The great
struggle Of defendAnts' counsel was TO
show that nowar was levied, and in thisthey
succeeded. The following extract from
Chief Justice Marshal's decision shows
clearly within the prosecution tailed 70
make good the charge Of ftreas0n:
s'The whole treason laid in this indict-
ment is the levying ofwaf on Blennerh.s-
sstt'e Island, and the prisoner can only be
convicted on the Overt act laid in the i'm
dict0ent. il II, then, the opinion Of the
Court that this indictment can be support
ed only BY testimony which proves the
accused TO have been actually or construct
ivoly present when that assembla9e did
take place. Indeed, the contrary IL most
apparent. II those who perpetlated the
1act b not traitors he who advised the fact
cannot be traitor. His guilt, therefore,
depends on theirs, and their guilt cannot
be legally established in prosecution
against him. Fow, M assemblage on
Island il proved by the
requisite number Of Witnesses, and the
Court might submit 1t to the jury whether
that assenblage amounted to levying Of
war but the presence OF the accused al.
that assemblage beng nowhere ALLEGED,
except in the indictment, the overt &C, is
not proven by single witness, and, OF
consequences. all otner testimony must be
irrelevant"
Tho jury, under :his .caarsa, could
not convict the prisoner. But neither
were they satisfied that he was innocent.
They brought in this verdict: I'VE, of the
jury, say that Aaron Burr 10 not proved to
be guilty under the indictment by any evi.
dedce submitted. TO Us. We, therefore,
find him not guilty." This was like the
Scotch verdict Of mot proven" and entire
II cc: Of order in an American court Of
justice. Burr demanded that it should not
be received; and, after acrimonious de-
bate. the matter was compromised by re-
cording the verdict in the usual form
mot guilty" Il h6. .ass
Burr's acquittal carried with it that Of
Blennerhassett; although both were bound
over in 5000 each to be tried in the Dis
trict Court Of Ohio, at ChilEcofhe, for q
misdemeanor, in setting on foot military
expedition. Blennerhasse: engaged the
late Judge Burnet TO defend this case. But
they failed to appear, their reoognizances
were forfeited, and no trial was ever had.
Il may be added, that Blennerhasset lost
all confidence in Burr about this time, and
spoke Of him in his journal 40 . "heart-
less swindleY." Neither Of the two meni
ever recovered from the stigma which thiisl
trial LEFT upon them. Blenne1hassettd died,
pf1pr and almost ffiendless, after STOPPING
1satish Government, In which he failed.-l
Burr lived thirty weary years, pursued by
creditors At home. hunted BY bailifIa |
abroad, reeoftine 20 disreputable expedi. |
ents 20 revive his fallen fortunes, and died |
1t last, In 1854, ct the age Of eighty, regret
ted by 1ew, indeed, Of his count1ymen.t I'll
any one would know the shifts and sub. |
terfages to which proud man win stoop. |
whom he becomes . broken-down adven- ]
turer, let him read the ''private journal'' Of
Aaron Burr. Although he afterward found
it convenient 10 deny that he ever sought I
he dissolution Of the American Union.
he cumulate evidence adduced upon his