Virginia could host 21st century treason trial

Gov. Bob McDonnell has made it a top priority to promote all types of tourism, from family-oriented destinations to historic sites to Virginia wineries.

However, he's overlooked a small but potentially lucrative niche market: treason tourism.

The epiphany hit me last week as I read an Associated Press post from Austin describing a rally by the Texas Nationalist Movement. "A small but enthusiastic group" demanded that the state secede from the United States under the flawed assumption that an official divorce would somehow lower taxes for Texans and "cure the ills of America," as one speaker explained.

Texas doesn't have a monopoly on irrational temper tantrums or anti-Washington sentiment, so I expect the Nationalists will inspire similar secessionist movements in other states. Clearly there's going to be a glut of treason trials, and it's impractical to think they can be held in the states that are attempting to bolt.

Virginia is a logical venue. The commonwealth already has experience hosting the 1807 trial of Aaron Burr.

Burr was vice president of the United States but put a damper on his chances for promotion when he shot and killed former Treasury Secretary Alexander Hamilton in a duel. He apparently decided that if he couldn't get elected in this country, he'd create a new one and began stirring up discontent in the Louisiana Territory and western states. Texans insisted they had nothing to do with the plot and that Burr was attempting an invasion as he made his way to Mexico.

Sure.

His treason trial was held at Virginia's state Capitol to accommodate Chief Justice John Marshall, a Richmonder, and because few courtrooms could handle the crush of curious onlookers.

It was the Trial of the Century - the 19th century - and there's no reason why Virginia shouldn't be the official host for a 21st century sequel.

It may be a bit awkward, since Attorney General Ken Cuccinelli has several outstanding lawsuits against the federal government. But really, it's every American's God-given right to sue and claim their 15 minutes of fame on Fox News. It's positively patriotic.

Besides, there's nothing barring Virginians from cheering for the defendants. Tradition dictates that they do so.

According to a Virginia Review article commemorating the 200th anniversary of the Burr trial, "Single ladies shamefully showered him with food and other gifts to make him feel at home, and those who were not free brought their eligible daughters to court the famous inmate."

Burr was even caught dining one evening with Marshall.

The Virginia Argus newspaper lamented, "We acknowledge that the rites of hospitality ought not to be refused to this UNFORTUNATE GENTLEMAN by those who believe him innocent; but confess our astonishment that... Mr. Marshall did not perceive the extreme indelicacy and impropriety of such respect being paid him by the Judge, who is to sit hereafter on his trial, and who, by his own opinion officially pronounced, had affixed a stigma on his character, which can only be wiped off by his future acquittal."

The chief justice ruled that a guilty verdict required two witnesses to testify that Burr had overtly waged war on his country. A jury took 25 minutes to acquit.

Perhaps a similar arrangement can be made for the modern-day rabble-rousers in Texas. In return for a not-guilty verdict, Virginia would be happy to take a few of the newly organized Lone Star Republic's unwanted U.S. military bases off its hands.

Christina Nuckols is an editorial writer for The Virginian-Pilot. E-mail: christina.nuckols@pilotonline.com.