, 1865-06-08

tentta1y, in the suburbs or Richmond. whc
nc held ltFces Of his friends, WAS sunptuous
Eegaied with presents OF costly yiauds, al
~as daily escorted 10 Court by o body-saa
an Eastern Prince.
Ine United States Circuit Court. which s.
at KleAmond. was composed Of John Ma
shall and Cyrus Griffin, the latter Judge
Inc District Of Virginia. The foreman Of th
Grand jury WIS the famous and cccentri
gohn Randolph. The counsel for the Unite
states were George Hay, United States Pro:
sGatiDg Attorney, a dull routine lawyer
William Writ, the oelebrated advocate, ora
tor n1d author and Alexander 3fcRae. o.
1.-The other side, Burr WIS represented by Ed
,mund Randolph, John Wickham. Luthc
Martin. John Baker, Charles Lee md Benjan
an Bolts, (fathtr of John Minor Botts,) con
shutting an array Of legal talent and learn
Ing never before united In the case Of sin
gle criminal IN Virginia. But Burr, "ths
subtlest practitioner Of his time" was hi
own leading coun nsel-calu, dfgntfied, ehrewd
alert and keen as hawk he made speeches
sfoss'e5am!ned witnesses, raised points q
law, objections and motions innumcrable,
With fertility md pestinacity which proved
that court Of Justice was to him what his
native heath was to McGregor, Although
Burr WIS no believer In the highest ethics ol
hts profession, {as Is shown in his delnitlou
| Of law, viz: ''Whatever ia boldly asserted and
pllansihly maintained" y be was yet master
| Of It's teclnlcaltties, and thoroughly familiar
HIth It's pEecedents and authorities. Besides
| this. he was contcssedly The most acute aud
! skullU1 examiner or witnesses In America.
The trial was remarkable for the aspetity
with which It was conducted, on both sides.
Luther Martin, especially, q zcalous Fedes-
alist, manifested zeal against tts Govern
| ment and the prosecutors which ia. surpassed
tho bounds Of discretion. But the display Of
n1nnHhnnA f$74 10
signal one, and the arguments Of counsel In
yolved the fullest exposition Of the law Of
treason, both under the common law md
statutes OF England, and as defined by the
Federal Constitution, to be found anywhere.
Some Of the speeches, too, abourd ID rnetor-
1cal displays which hive become almost clas-
sical. Wirts highly wrought picture Of
with Its 'palace, Its sh1ubbery. that Shen-
STONE might have envscd," and lis "musie
that might EaVe charmed Calypso nul Its
nymphs," IS among these. Burr never
ceased to enjoy this bit Of romanticlsn, and
would fcIcat Tue most ev;ravasant passaGes,
In mock-lie5tic tones when quite au old man.
Much Of the evidence brought out on thc
tIta1 WIS intensely Interesting. That Of Ger.
Eaton, Gen. Wilkinson, and Commodn.e
I1uxton. {Who sWose that Burr assured Atua
he would crate navy and put him at TIC
head Of IT, was anlcpg the must important,
Mr.. Parton asserts, in his usual sweeping
style, that sit was E1ton's evidence Of
Burr's wild talk about separation OF tho
Western States, and throwing Congress Into
the Potomac, which, in connection With tha
cipher TO Wilkinson, convinced the people Of
the pnlted States that Aaron Burr was 4 tsaI-,
tor:" But 1se fSrgets the cqual!5 dauaning
eFidence Of Colonel Morgan, Of Ohio, and
his two cons, all persons Of the highest
vcracity and c:cdtt. Colonel Morgan testi-
fed that "Colorel Burr snil, III less thnu fIyc
years you {meanlng the Wcat) Will be totally
divided from the Atlantic States. He said
TINT with two hundred men, 60 weak was
the Government, that be would drive Com
Gfefs inio thc Potomac, md the President at
the head Of them. There was q reply made
to this BY one Of my Sons, that hc would be
damned IT he could takc cur little town Of
Canncnshurg with that torce." All Of whicl,
vas corroborated By Other witnesses.
The Indictment upon which Burr and Brcn-
neshnsectt wefo tried for treason sat forth
that the detendauts, with Others, to the mum
Cd insnrrrctlon, rebellion and war, against
le United States. On Dicnncshassctt's Island,
IN the County Of Wood, and District Of VIr.
Einia mud did, with force and arms, then and
there leyy war against the United States"
The great struggle Of defendants' counsel was
70 show that no war was levied, and In this
they sncceedtd: The following extract from
Chief Justice Mn, ,shali's decision sho US clear
~ wherein the prosecution failed to make
good the charge Of treason:
"lhe whole treason laid In this indictment
u the lerylng Of Har on Blcnucrhassctt's
Island, ana the prisoner can ONLY be convict
cd Gu The overt act laid IN tho indictment.
lndictmeut can bc supported Only BY testi- |
fnonI which proves the acrusel to have been
actually cr CT nst1uctiyely present when the
absembluge took p'aca on Dlenne1hassetts |
Island. There IL no testimony whatever to |
prove that tic accusca was actually or con
s1!ucuVely prest Mt when that assc1nbl4.e did |
[ake place. Indeed, the conttary Is most ap-
eartnt. If thosc rho perpctr2tcd tho fact 30 |
not traitors. he Eho aavised the fact cannot |
le traitor. His guilt, therefore, depends on |
heirs, and their guilt cannot be legally e.
!sbiisfed In prosecution against him. Now. |
IN aseemb.agc on Blenneshaslett'a Island Is
proved by the requisite number OF witnesses.
ind the Court might submit 1t 10 tho iury
Whether that aske.nblagc amounted to q levy
pg OF var; but the presence Of tho accused
It that osscmblaEe being nowhere ALLEGED,
Except IN the indictment, the overt act ID not
ToTen BY Eangle witness, and, Of co1se-
luencse, all other testimony musl be Lrel.-
The jury, under this charge, could not cou-
let tho prisoner. But neither were they
attshed that he was innocent. They broueLt T
q this verdict: ave, OF the jury, sar thst
.aron Darr is not proved to be guilty under
he Indictment By my evidence submitted to
e., We, therefore, find him not guilty"
his was like tho Scotch verdict Of tnot
rovcn," and entirely out OF order in an
ImcIican court Of Justice. Burr demapded
hat 1t shtuld not be received and. a{1er ac-
m6ntous debate, the matter Was compro-
Used by recording the verdict in tho usual
not guilty."
yurT,s asqu:ttal carried wilhIt that Of Dlcn-
yYrrx
. 5000 each to he tried III tie District Court
Ohio, ut Chiilteothe, for misdcmeanor. In |
stuEg on foot military expedition. Blen-
elbaasctt Engaged the late Judge Burnct TO
riend this czac. But they failed to appear.
1eir Iecognizances were forfeited, AID no
.ial WAS ever bud. 1t mag bc added, that
lennerhassest lost sll confidence In Burr At
il as "heartlees sWindler." Neither Of the
!o men ever recovered from tho stigma
hich this trial lett upon them, Dlen-
died, poor and almost fricud-
s., after s!ooping to be solicitor for
,tty otllcea under the dRtitish Govern
ent, In which he failed. Burr lived
dirty wtnrJ years, .rursusd ny creditors at
srrputablc expcdieuts to revive hls fallen
rtunes, sud died at last, In 1856, at the ore
eighty, regretted by few, indeed, Of his
untrymen. If any one would know the Z
Its and snbtcrfuges to which proud man | {
U stoer, when he becomes btoken-doHp s
yenturcr, let him read the "priyate iour- =
u OF Aaron Burr. Although be aflerward :
und 1t convenient to deny that be ever
pght the dissolution OF thr American IN. {
., the cumulative evidence adduccd upon {
5 trial shows couclusively that to him must =
awarded the dfs1cputablc title of !" seccs- Il
'n:st," and "traitor-" !