The Weekly Perrysburg journal. [volume] (Perrysburg, O. [Ohio]) 1861-1???, 1865-08-08

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otta, urging tho propriety ol tho Western
States separating from the Union
Burrs energy aud activity werc unbound
| cd ho travelled hundreds vt miles Oh
horseback, everywhere ingratiatiug himself
with men ot influence, aud always received |
with respect and admiration. Ills career |
was first checked at Frankfort, Kentucky, |
whoro an honest public servant, named |
Joseph H. navicss District Attorney for |
Kentucky, had Burr arrested on an affidavit |
charging him with mcditating an unlawful |
expedition against Mexico. and separa.
ton of the Western States from tho Umon.
Burr appeared in court with Henry Clay MS
counsel and after partial hearing. owing !
| TO tho absence of two of the most important !
witnesses, he was houorably dischargcd.
In October, 1906, young man, an ennis
sary of Burr. naned Samuel SwMtwout, ar |
rived at Nachitochcs, at the camp ot Gencral
| Wilkinson, with cipher letter from lsurr
to the General, announcing that Burr had
matured his enterprise, obtained plenty ct
| hiuds and coniederates, had won over the
navy of the Uuitcd States and relied upon
| Wilkinson fui the military ruuduct Of tic
expedition, and detailed in iull his plan OF
operations. On receipt of this letter Viii
kinsun determine Ia expose the scheme.
lie sent to Washington, announcing that
| Burr's object was reasonable declared
martial law, and arrested several of liun :
conicdcrates, and sent them to Washington.
On the 2gth OF November, President JEFF
iersOu issued n proclamation, announcing
the reasonable scheme, and ordering the
arrest of all concerned in it. Burr was AT.
rested i'll mississippi escaped, ond was
again arrested Ivy Captain afterwards Gcn-
oraD Gaines, at Port Studdart, Ala., aud
sent overland, under guard, to Richmond.
| IA, tl., Of th,tN ,la
trial began, continuing twonty.siN days,
during which time sixty witnesses were
examined. Richmond was throngcd with
celebrities and strangers, all anxious TO see
aud hear.
Tho United States Circuit Court, which
sct ut Richmond was composed OF john
Marshall and Cyrus Griffin, the latter Judge
Ol the District of Virginia. The counsel for
the United States were George Hay, United
States Prosecuting Attorney, William Writ,
the celebrated advocate, orator and author,
and Alexander Mcliac. On the other side
Burr was represented 10y Edmund Ran
dolph, John Wickham Luther Martin, John
Baker, Charles Lee and benjamin Bolts,
Gather of John Minor liotts) constituting
an array of legal talent aud learning neve.
before united IN defense of u single crimi.
mai in Virginia. But Burr. " the subtlest
practitioner OF his time" was his own load
ing counsel--calm. diguiied, shrewd, alert
aud keen az II hawk ho made speeches,
cross-cXamincd witnesses, raised points ol
law, objections and motions innumcrablc
with a fertility and pcrtinacity which
proved that u court of justice was to him
what his native heath was to McGiregor.
Much of the evidence brought out on the
trial was intensely interesting. That OF
General Eaton, General Wilkinson and Com
modore TruNton, (who sworo that Burr AZ.
surod him he would create Il navy and place
him at the head of it) was among the most
important Mr.. Parton asserts that " it
was Eaton's evidence of Burr's wild talk
about separation of tho Western States,
and throwing Congress into the Potomac,
which, in connection with the cipher to
Wilkinson, convinced the people OF the
:, United States that Burr was n traitor"
The indictment upon which Burr and
: Blcnncrhassett wore tried for treason set
forth d" that the defendants, with others. to
tho number of thirty persons aud upward,
had excited ihsurrccton, rebellion and war
, against the United States on Blcnncrhas-
sett's Island in the county of Wood, and
district of Virginia and did, with force of
arms, then and there levy war against the
n United States The great struggle of de.
. PENDANTS counsel was to show that no war
4 was lcNlcu, anu III lHlS lntl SuCttNNcu'
! The following extract from Chief Justice
t Marshalrs decision shows clearly wherein
, the prosecution failed to mako good the
I charge of treason:
: 'Thc whole treason laid in this indictment is the
levying of war on BlennerhasSctt's Island and the
prisoner can only be convicted On the overt act laid
: in the indictment. 1t is. them the opinien OF the
Court that this indictment can be supported only
i by testimony which proves the accused TO have
been actually or cOnstructivcly present when the
asscmbagc took place ON Rlcnnci hassctt's Island.
j. There is testimony whatever to prove that the
. accused was actually or constructively present
[ when that assembagc did take place. Indeed, the
contrary il most apparent. II those who perpetra-
ted the fact be traitors, he who adysed the fact
can not be traitor. Ills guilt, therefore, depends
on theirs and their guilt not be legally estab-
[ shed in prosecution against him. Now, an assem-
bage ON BlcmeThassct Island is proved by tbs re-
, quisito number OF witnesses, aud the Court might
submit it t. the jury, whether that asscmblakr
amounted to lcvying of war; but the presence of
the accu ed ut that assembage being nowhere al
Legged except in the indictment the overt act h not
proved by single Witness, ana, of consequence all
. other testimony must be irrelevant
0 The jury, under this charge, could not
. convict the prisoner. But neither were
: they satisfied that he was innocent. They
: brought in this verdict: We, Of the jury.
5 say that Aaron Burr is not proved to be
r guilty under the indictment by any evil
/ uellct SNDllllltl w HS. w " iHtiftOAts lHNl
@ him not guilty" This was like the Scotch
verdict OF mot proven and entirely cut
C of order in an American court of justice.
{ Burr demanded that it should not be re,
!, ccived, and, after acrimonious debate, the
] matter was compromised 10y recording the
Q verdict in the usual form -" not guilty.
}, Burr's acquittal carried with it that of
: Blcnncrhasscti Although both were bound
{ over in $1,000 each, 10 be tiicd al Chilli
5 cothe, Ohio, for Il misdemean0r in setting
0 on foot military expedition, they failed to
( appear, aud 10 trial was ever lmd.i Blen-
I nerhassett lost all confidence in Burr about
& this time, and denounced him in his Journal
] as "leartess swindler." Neither of them
T. ever recovered from the stigma which the
o trial left upon them. Blennerhassctt diod
+ poor and most Fl endless, on the island Of
. Guernsey, England, in 1881. Burr died in
( 1896, at the age Of so years, regretted by
+ few Uf his countrymcn.
? TmE TiiJuae's Washington special says
: sem-ollical news from Mexico had been
u received from General 0rtega, dated from
: Tacomtero, State of Michocoap, June l3,
4