Wirt, during the vacation, goes over to Washington. He finds Jefferson in a mood of double anger.
“What did I tell you,” cries Jefferson—“what did I tell you of Marshall?” Then he rushes on to the utterances of the violent Luther Martin. “Shall you not move,” he demands, “to commit Martin as particeps criminis with Colonel Burr? There should be evidence to fix upon him misprision of treason, at least. At any rate, such a step would put down our impudent Federal bulldog, and show that the most clamorous defenders of Colonel Burr are one and all his accomplices.”
Meanwhile, the “impudent Federal bulldog” attends a Fourth-of-July dinner in Baltimore. Every man at table, save himself, is an adherent of Jefferson. Eager to demonstrate that loyal fact to the administration, sundry of the guests make speeches full of uncompliment for Martin, and propose a toast:
“Aaron Burr! May his treachery to his country exalt him to the scaffold!”
More speeches, replete of venom, are aimed at Martin; whereupon that undaunted drunkard gets upon his feet.
“Who is this Aaron Burr,” he roars, “whose guilt you have pronounced, and for whose blood your parched throats so thirst? Was not he, a few years back, adored by you next to your God? Were not you then his warmest admirers? Did not he then possess every virtue? He was then in power. He had influence. You were proud of his notice. His merest smile brightened all your faces. His merest frown lengthened all your visages. Go, ye holiday, ye sunshine friends!—ye time-servers, ye criers of hosannah to-day and crucifiers to-morrow!—go; hide your heads from the contempt and detestation of every honorable, every right-minded man!”
August: The day of trial arrives. Wirt, with the dull, deferent Hay, has gone over the testimony against Aaron, and arranged the procession of its introduction. Wirt will begin far back. By the mouth of the red-nosed Wilkinson—somewhat in hiding from Swartwout—and by others, he will relate from the beginning Aaron’s dream of Mexican conquest. He will show how the vision grew and expanded until it reacted upon the United States, and the downfall of Washington became as much parcel of Aaron’s design as was the capture of Mexico. He will trace Aaron through his many conferences in Washington, in Marietta, in Nashville, in Cincinnati; and then on to New Orleans, where he is closeted with Merchant Clark and the Bishop of Louisiana.
And so the parties go into court.
The jury being sworn, Marshall, chief justice, at once overthrows those well-laid plans of Wirt.
“You must go to the act, sir,” says Marshall.