It began on Aug. Io, 1807. Though Burr was indicted for treason on Blennerhasset's island, it was known to everyone that, at the time the alleged acts of levying war had been committed, Burr was not only not on the island, but hundreds of miles away in another State. The Government had evidence of a conspiracy to raise an armed force, perhaps to attack New Orleans, in which conspiracy Burr was the prime mover. It probably had evidence that, subsequent to the meeting on Blennerhasset's island, a small force under Burr had joined the small force which had previously assembled on the island, making in all about r 00 men, and proceeded down the Ohio and Mississippi rivers to a few miles above Natchez, where Burr had voluntarily surrendered himself to George Mead, the acting governor of Mississippi, who, on the alarm created by the denunciation of Burr's plans, had assembled a small force of militia to oppose him. But the Government could not even prove that Burr had caused the force mentioned in the indictment to assemble on the island.
Looking back to-day, we see a succession of errors on the part of Jefferson that might have resulted in a drama ending in a tragedy—the execution of Burr as a result of a conviction for treason, which would probably have been improper in any event, certainly improper in view of the law, the wording of the indict ment, and the character of the acts which the United States alleged it stood ready to prove. Jefferson had blundered in not arresting Burr and stopping his preparations when he first had evidence of the nature of his plans. His negligence had permitted those plans to go far towards maturity when he received a letter from Gen. Wilkinson, the commander at New Orleans, denouncing Burr as contemplating the detachment of the Western country from the Union. Instead of merely publishing the information and ordering Burr's arrest, Jefferson inflamed the popular mind by denouncing Burr as a traitor. From the moment this proclama tion was issued, the president, instead of standing for the calm and efficient execution of the law, used his immense popularity in the country to excite the popular mind. By the time the prisoner was brought to trial, though he had become a hero to the few, the many had already made up their minds that only by legal chicanery could he escape the gallows. With one voice they clamoured for conviction. In Richmond, the local prejudice was so strong that it was impossible to secure an unprejudiced jury. Fortunate was it for Burr, but still more fortunate for the United States, that the trial was presided over by a man who combined as did Marshall, ability, courage and absolute control of nerves and temper.
More than one hundred years have elapsed since the curtain de scended on the last scene of the trial. When we recall the trial, though we see Wirt, the able and eloquent attorney for the pros ecution, and Luther Martin, the leader of Burr's forensic forces, drunken, rollicking, devoid of good taste, but as a lawyer un surpassed ; though the mind calls up before it the dignified figure of Aaron Burr, and fills in the background of the court-room with portraits more or less distinct of the other actors in those memor able scenes, the form which stands out as the central figure is that of the chief-justice, the one really great man in that brilliant throng. We feel the power of expression in his wonderful eyes
and the calm dignity which emanated from his personality. As we read the following passage which practically closes his prin cipal opinion, the opinion which, excluding all remaining testimony which the Government had to offer, necessarily brought the case to an end favourable to the prisoner, we seem to hear the even tones of his voice ; and, realizing the excitement in the country, and the strain of the days that preceded, there comes to us as there came to his audience, the thrill of confidence in the man and pride in the majesty of the law.
"Much has been said in the course of the argument on points on which the court feels no inclination to comment particularly; but which may, perhaps not improperly, receive some notice.
"That this court dares not usurp power is most true.
"That this court dares not shrink from its duty is not less true. No man is desirous of placing himself in a disagreeable situation. No man is desirous of becoming the peculiar subject of calumny. No man, might he let the bitter cup pass from him without self-reproach, would drain it to the bottom. But if he have no choice in the case, if there be no alternative presented to him but a dereliction of duty, or the opprobrium of those who are denominated the world, he merits the contempt as well as the indignation of his country who can hesitate which to embrace." Jefferson might rage as he read the opinions of the court ; the excited inhabitants of Baltimore on learning the result of the trial might burn the judge in effigy along with Burr and his leading counsel, thus giving the latter the opportunity to deliver to them an immortal piece of sarcasm. But the brilliant throng which had crowded the rooms from day to day, had seen the judge whose calmness was in strange contrast to their half ex pressed excitement ; moved by the impelling force of his per sonality, they had realized that this man held the scales of jus tice with impartial balance ; that his known dislike and distrust of the president who wanted the conviction did not affect his judgment, any more than the fact that the prisoner at the bar had slain in the course of a career full of little but harm, one of his dearest friends. Furthermore, they had listened to his analysis of the legal questions arising in the case and with few exceptions they knew the result was correct. Thus, as they went out from the court-room to all parts of the country they carried with them the impress of the personality of the great judge.