Search -
Reports of the Trials of Colonel Aaron Burr (1808)
Reports of the Trials of Colonel Aaron Burr - 1808 Author:Aaron Burr Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Answer. I came from Beaver with them. Mr. Edmund Randolph then addressed the court to the following effect: May it please your Honour, I might be satisf... more »ied with what has been said by Mr. Wick- ham yesterday and to-day, as sufficient to open and fully explain the grounds of our application to the court; but on this occasion, my duty as counsel is fortified by my duty as a citizen, to combat and, if possible, refute the pernicious doctrines of constructive treason, which are attempted to be.supported by the gentlemen on the other side. The evidence brings us fairly to four points," which I shall submit, in the form of questions, to the consideration of the court. First. Whether there can be treason in levying war without the employment of force. Secondly. Whether, under the constitution of the United States, a, person, who it is admitted would be an accessory in felony, can be considered as a principal in treason in levying war. Thirdly. Whether, under the form of this indictment, charging colonel Burr with having done the act personally, any evidence of a derivative or accessorial agency can be admitted. Fourthly. And if such evidence of a derivative or accessorial treason were to be admitted, under this indictment, whether the real principal ought not to be first convicted. First. I contend, that there can be no treason without the exercise of actual force. We make no dereliction of the plea of innocence, which the law presumes as a safeguard to life. The counsel would fail in their duty to their country, as good citizens, if they were to waive this defence, which is so strongly connected with the public safety. This high ground of presumptive innocence, which the law has granted to us, should be defended for the public safety, and for the purpose of ...« less