There was in this moment, therefore, no novelty of encounter between him and the stare of the opposing throng. He was not seeing them, nor they him, for the first time. Yet the situation had its high intensity. This day was the beginning of the actual trial, and only the day which brought the verdict could outweigh it in importance. This was the lighting of the lamp that was to search out mysteries; this was the bending of the bow; this was the first rung of the ladder which might lead—where? As John Marshall’s voice was heard from the bench and the prisoner turned from his steadfast contemplation of the throng, a psychic wave overflowed and lifted all the great assembly. This was spectacle, this was drama! The oldest of all the first principles stirred under the stimulus, and with savage naturalness sucked in the sense of pageant.
The court was opened. Counsel on both sides brought forward and disposed of a minor point or two, then, amid a silence so great that the twittering of the martins outside the windows seemed importunate and shrill, proclamation was made, the prisoner stood up, and the indictment was read.
“The grand inquest of the United States of America for the Virginia District upon their oath do present that Aaron Burr, late of the city of New York, and State of New York, attorney-at-law, being an inhabitant of and residing within the United States, and under the protection of the laws of the United States, and owing allegiance and fidelity to the same United States, not having the fear of God before his eyes, nor weighing the duty of his said allegiance, but being moved and seduced by the instigation of the Devil, wickedly devising and intending the peace and tranquillity of the said United States to disturb, and to stir, move, and excite insurrection, rebellion, and war against the said United States, on the tenth day of December, in the year of Christ one thousand, eight hundred and six, at a certain place called and known by the name of Blennerhassett’s Island, in the county of Wood and District of Virginia aforesaid, and within the jurisdiction of this court, with force and arms, unlawfully, falsely, maliciously, and traitorously did compass, imagine, and intend to raise and levy war, insurrection, and rebellion against the said United States—”
And so on through much thunderous repetition to the final,—
“And the said Aaron Burr with the said persons as aforesaid traitorously assembled and armed and arranged in manner aforesaid, most wickedly, maliciously, and traitorously did ordain, prepare, and levy war against the said United States, and further to fulfil and carry into effect the said traitorous compassings, imaginings, and intentions of him the said Aaron Burr, and to carry on the war thus levied as aforesaid against the United States, the said Aaron Burr with the multitude last mentioned, at the island aforesaid, in the said county of Wood within the Virginia District aforesaid,