1807.
BURR'S TRIAL.
469
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 has no choice in the case,—if there is 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. . . .
- "No testimony relative to the conduct or declarations of the prisoner elsewhere and subsequent to the transactions on Blennerhassett's island can be admitted; because such testimony, being in its nature merely corroborative, and incompetent to prove the overt act in itself, is irrelevant until there be proof of the overt act by two witnesses."
On the following day, September 1, District-Attorney Hay abandoned the case, and the jury entered a verdict of "Not guilty." Hay instantly reported to Monticello the result of his efforts, and added criticisms upon Marshall:[1]—
- "Wirt, who has hitherto advocated the integrity of the chief-justice, now abandons him. This last opinion has opened his eyes, and he speaks in the strongest terms of reprobation."
- ↑ Hay to Jefferson, Sept. 1, 1807; Jefferson MSS.
