In
fact, the indictment charges that Aaron Burr was on that day present
at the island, though not a man of the jury supposed this to be true.
"This idea of _constructive war_ is, by this jury, carried far beyond
the dictum advanced by Judge Chace in the case of Fries; for Chace
laid down that the actual exertion of force, in a hostile or
traitorous manner, was indispensable to establish treason. Yet the
opinions of Chace in this case were complained of by the whole
republican party, and condemned by all the lawyers of all parties in
Philadelphia, as tending to introduce the odious and unconstitutional
doctrine of _constructive treason_.
"Out of fifty witnesses who have been examined before the grand jury,
it may be safely alleged that thirty at least have been perjured.
"I beg and expect it of you that you will conduct yourself as becomes
my daughter, and that you manifest no signs of weakness or alarm."
June 30, 1807.
"Of myself you could expect to hear nothing new; yet something new and
unexpected was moved yesterday. The counsel for the prosecution
proposed to the court that Aaron Burr should be sent to the
penitentiary for safe keeping, and stated that the governor and
council had offered to provide me with an apartment in the third story
of that building. This is extremely kind and obliging in the governor
and his council. The distance, however, would render it so
inconvenient to my counsel to visit me, that I should prefer to remain
where I am; yet the rooms proposed are said to be airy and healthy.
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