Evening star., 1925-11-03
BURR'S CALLING OF JEFFERSON
HAS ECHO In MITCHELL'S TRIAL
Request to Summon Three of Cabinet Officers Re-
calls Bitter Fight of Second President to
Keep Out of Marshalls Court.

policy. He could see neither merit
nor honesty in any act or word that
appeared to him to favor Burr"
1t was in such a state of mind. ac-
cordinC to historian Beveridge. that
jefferson viewed the arraignment Of
Burr upon charges of treason and
high misdemeanor. Jefferson felt
that he himself was on trial." con-
tinueS Beveriuge. and knew that he
must make good his charges or suffer
a decline in the popularity which he
priced above all else in life.
He proposed that, at the very least.
the public should be on his side. and
he resolved to exert the utmost efforts
of the National Government to bend
Marshall to his will. Thus the Presi-
dent of the United States became the
leading counsel in the prosecution of
Aaron Burr, as well as the director
general of a propaganda planned to
confirm public opinion of Burr's trea.
son. and to discredit Marshall should
his decisions from the bench result in
the prisoners escape from the gal
lows
1t was on June 9, 1907, that Aaron
Burr arose to announce that he had
proposition to submit" to the court.
President Jefferson in his message to
Congress mentioned a certain letter
which, according to Burr. 1t had now
become material to produce in court.
There were also certain orders and
instructions issued by the Secretary
of the Navy, which the latter had
refused either Burr or his counsel per-
mission to inspect. Hence" main
Iained Burr, II feel It necessary to
call upon the court to issue subpoena
to the President of the United States.
with a clause, requiring him to pro-
duce certain papers: or In other words,
to issue the subpoena duces tecum."
Jefferson's Contention.
Pending Chief Justice MarShall'S
ruling on Burr'S motion, President
Jefferson cautiously said to his per-
sonal representative at the trial: RE
serving the necessary right of the
President of the United States to de-
eide, Independently of all other au-
thority, what papers, coming to him
as President, the public interests per-
NIT to be communicated. and to whom
/ assure you of my readiness under
that restriction voluntarily to fur
nish on all occasions whatever the
purposes Of justice may require"
Luther Martin, of Burr's counsel,
insisted upon the production of the
presidential papers. Was not IAN ac-
cused man to obtain witnesses in his
behalf? Martin contended that
never had the denial of such a right
been heard Of since the declaration
of American independence" Martin
asked whether jefferson was "a kind
of sovereign" and answered his own
question by saying that he was mo
more than a servant of the people.
Yet, Martin pointed out, Jefferson
cabinet members, under presidential
influence" had refused copies OF OF
fetal orders.
Eventually, Marshall acquiesced in
Burr's demand that President Jeffer-
son be hailed into court with the papers
in controversy. The object. Marshall
explained, was to produce copies of
the Army and Navy orders for the
seizure of Burr, the original of let
ter written to the President in con-
nection with the case. and Jefferson 9
answer Beveridge describes how Mar
shall stressed the constitutional guar
antees of "a speedy and public trial
and the right to compulsory process
for obtaining witnesses in the ac-
cused's favor" Thus 'immemorial
usage" the language of the Constitu-
ton and the national statute all COM
bined to give ANY person charged
with a crime in the courts of the
| nited States. a right, before as well
as after indictment. to the process Of
the court to compel the attendance of
his Witnesses
Marshall came to the conclusion
that the Constitution makes no eX-
ception whatever to the right given
all persons charged with crime to
compel the attendance of witnesses.
The Chief Justice decreed that "a
subpoena duceS teCum may issue to
any person to whom an ordinary sub
poena may issue" Thereupon, Mar
shall ruled "let a subpoena duces
tecum he issued. directed to Thomas
jefferson, President of the United
States"
Beveridge in vivid language tells
how "Jefferson's anger blazed when
he received the dreaded subpoena" p"
The President had become very
nervous about Marshall's order and
plainly feared that the Chief Justice
might attempt to enforce it." Accord
ing to Beveridge, Jefferson himself
threatened ito use force against the
execution of the process Of the ma
tional courts" But no attempt to
compel jefferson to appear at Rich
mond was ever made, and the entire
episode ended with Burr's acquittal on
the treason charge. The Presidents s
fury with Marshall did not vanish.
and in his ensuing message to Con-
greSS jefferson urged the House to
impeach the Chief Justice.
(Co,vrieht 1921