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[Burr claims to have been vindicated
in prior proceedings]
Col. Burr then addressed the court, not, as he
said, to remedy any omission of his counsel, who had done great justice
to the subject, but to state a few facts, and repel some observations of
a personal nature. The present inquiry involved a simple question of treason
or misdemeanor. According to the Constitution, treason consisted
in acts; whereas, in this case, his honor was invited to issue a warrant
based upon mere conjecture. Alarms existed without cause. Mr.
Wilkinson alarmed the President, and the President alarmed the people of
Ohio. He appealed to historical facts. No sooner did he understand
that suspicions were entertained in Kentucky of the nature and design of
his movements, than he hastened to meet an investigation. The prosecution
not being prepared, he was discharged. That he then went to Tennessee.
While there he heard that the attorney for the district of Kentucky was
preparing another prosecution against him; that he immediately returned
to Frankfort, presented himself before the court, and again was honorably
discharged; that what happened in the Mississippi Territory was equally
well known; that there he was acquitted by the grand jury, but they went
farther, and censured the conduct of the government; and if there had really
been any cause of alarm, it must have been felt by the people of that part
of the country;
[Burr claims his objects were peaceful
and beneficial]
that the manner of his descent down the river
was a fact which put at defiance all rumors about treason and misdemeanor;
that the nature of his equipments clearly evinced that his object was purely
peaceable and agricultural; that this fact alone ought to overthrow the
testimony against him; that his designs were honorable, and would have
been useful to the United States.
[Burr says his "flight" not evidence
of guilt]
His flight, as it was termed, had been mentioned
as evidence of guilt. He asked, at what time did he fly? In
Kentucky, he invited inquiry, and that inquiry terminated in a firm conviction
of his innocence; that the alarms were first great in the Mississippi Territory,
and orders had been issued to seize and destroy the persons and property
of himself and party; that he endeavored to undeceive the people, and convince
them that he had no designs hostile to the United States, but that twelve
hundred men were in arms for a purpose not yet developed; the people could
not be deceived; and he was acquitted, and promised the protection of government;
but the promise could not be performed; the arm of military power could
not be resisted; that he knew there were military orders to seize his person
and property, and transport him to a distance from that place; that he
was assured by the officer of an armed boat, that it was lying in the river
ready to recieve him on board. Was it his duty to remain there thus
situated? That he took the advice of his best friends, pursued the
dictates of his own judgment, and abandoned a country where the laws ceased
to be the sovereign power; that the charge stated in a handbill, that he
had forfeited hi recognizance, was false; that he had forfeited no recognizance;
if he had forfeited any recognizance, he asked why no proceedings had taken
place for the breach of it?
[Burr complains about treatment by
military authorities]
If he was to be prosecuted for such breach, he
wished to know why he was brought to this place? Why not carry him
to the place where the breach happened? That more than three months
had elapsed since the order of the government had issued to seize and bring
him to that place; yet it was pretended that sufficient time had not been
allowed to adduce testimony in support of the prosecution. He asked
why the guard who conducted him to that place avoided every magistrate
along the way, unless from a conviction that they were acting without lawful
authority? Why had he been debarred the use of pen, ink, and paper,
and not even permitted to write to his daughter? That in the state
of South Carolina, where he had happened to see three men together, he
demaned the interposition of the civil authority; that it was from military
despotism, from the tyranny of a military escort, that he wished to be
delivered, not from an investigation into his conduct, or from the operation
of the laws of his country.
[Burr says the prosecution has no
case]
He concluded that there were three courses that
might be pursued,--an acquittal; or a commitment for treason, or for a
misdemeanor; that no proof existed in support of either but what was contained
in the affidavits of Eaton and Wilkinson, abounding in crudities and absudities.
The next day, Chief Justice Marshall commited
Burr to stand trial on the charge of conspiring to invade the territories
of a nation at peace with the United States (Mexico, a dominion of
Spain). |