Independence Hall,
Philadelphia, Pennsylvania
August 1784
"Mister President?" Phillip Waymouth, senior delegate from Massachusetts stood. "Mister Adams has asked me to ask you for permission to address Congress before we begin."
Jefferson frowned at his adversary, sitting tense and wary next to Waymouth. "This is highly irregular."
"New Hampshire seconds Massachusetts's request," Andre said. He'd promised to help with Heyward in exchange for their silence.
"Be that as it may..."
"Third," added James Monroe of Virginia. "Yesterday's arrest was also quite irregular. I believe Mister Adams should be allowed to speak."
Jefferson lifted his head and paused. "Alright, the chair recognizes Mister Adams."
"Thank you." Adams stood and bowed slightly. He didn't have time to play with the president today. He walked slowly to the open floor in front of Jefferson's desk, trying to gauge the room's mood. "Before I begin, I must know who I'm addressing. May I ask who ordered this unlawful arrest?"
"Mister Adams..."
"I did!" Charles Pinckney stood up. He looked...ill, pale with an unhealthy flush. Adams realized his comrade had been drinking. "Thomas Heyward is a liar and a traitor. He cannot be allowed out where he can cause further harm!"
Adams glanced at his client, who sat on Waymouth's other side until called. Tom folded his arms and glared, but said nothing as the former soldier whispered in his ear.
Good. Keep him out of this.
"I thank South Carolina for his testimony on events he could not possibly have witnessed," Adams replied simply.
"Don't twist my words!" Pinckney cried.
Adams gave him a puzzled look then shook his head. "Gentlemen, as I recall you agreed to inquire into General Heyward's activities. There was no arrest because you wished to wait for General Heyward's word before determining wrong-doing. Before you were concerned citizens hoping to make things right. In one day Mister Pinckney has turned this into a trial, and you into judges."
"Stuff!" said Spaight. "This was a trial in everything but name anyway, Mister Adams."
"Perhaps," he admitted. "Yet it was not called such, and the name's the thing, gentlemen. Do you not see that we are now trapped like a bear? For an inquiry it would be enough to ask a few questions, and decide amongst ourselves what to do. The bar is set much lower." John Jay of New York leaned forward. "Now we are trapped. First, we
must determine guilt or innocence, right or wrong. Second, the bar is now much higher. We must be
certain. If Mr. Pinckney's charge is true, then there is only one proper answer to treason. You can not simply dismiss him. You cannot slap his hand and tell him to sin no more. You must hang him. You dare not make such a decision lightly."
He paced back and forth, hands behind his back. "General Heyward was dragged out of a church's sanctuary where he offered worship to our Lord..."
Heyward opened his mouth. Waymouth stomped on his foot.
"...and on whose authority? Not Congress assembled. Not even our President," he waved his hand at Jefferson. "No, because of South Carolina's say so."
"That's enough, Mister Adams!" shouted Pinckney.
"Sit down, sir," Jefferson replied, waving his gavel at Pinckney. "Mister Adams has the floor."
The lawyer shot him a startled look then continued. "I will be very interested to see Mister Pinckney's evidence, for my client gave none the other day suggesting treason."
"Deserting your army in the middle of a war is treason!" Spaight shouted.
"Desertion, if true, is very serious, Mister Spaight ... but it is not the same."
"I say it is!"
"I have Mister Samuel Johnson's dictionary, sir. Would you like to examine it?" Silence. "Well then. Remember what you are now called upon to judge, sirs, and the very high bar you must meet to condemn General Heyward." He turned and nodded to the chair. "Thank you."
Jefferson exhaled slowly as delegates muttered amongst themselves. "If we're ready to begin, I'll ask General Heyward to have a seat in the witness chair. Please remember you are still under oath. At this time the chair will recognize South Carolina for questions."
Charles Pinckney rose slowly, still pale and mottled both. He paced up to Heyward and grimaced, leaning on the table next to him. "You don't like me very much, do you?"
Heyward narrowed his eyes, but kept silent.
"Answer the question."
"Mister President," shouted Adams, "what does this have to do with the trial!?"
"Agreed," Jefferson said slowly, frowning.
"Very well." Pinckney straightened. "General Heyward, after abandoning your...."
"Mister President!"
"...
abandoning your army, sir, you rode back to Charleston! Yes!?"
"Yes," Heyward agreed.
"You said the other day you were to confront Mister Rutledge?"
"Yes, concerning mistreatment of..."
"Please confine your answers to yes and no, General Heyward."
"Why would he do that?" Adams challenged.
Pinckney whirled like a cornered animal. "Because if he's allowed to weasel his..."
"Weasel!?" Adams shouted. "I will not have you demean my client's charac..."
"What character!? The man is a deserter, a traitor and attempted murder!"
"Order!" shouted Jefferson, leaping to his feet and beating his desk. "Order!"
"Concerning," Heyward snapped, "mistreatment and butchery of the Indians we captured, as well as intentionally creating crises at home."
"Order!"
"Ah, so paranoia will be your excuse? I will not accept that sir! I will not..."
"ORDER!" Jefferson roared. "Bailiff, you will take the next man who speaks without call out of here in CHAINS!"
Adams sat and glowered. The room subsided.
"Mister Pinckney, you may contin..."
"Mister President!"
"Adams?" Jefferson snarled. "Did you not hear me just now?"
"I did, Mister President, but I must ask for a ruling on whether General Heyward may offer a complete defense, or simply be led around by the nose by Mister Pinckney."
The South Carolinan snarled at him. Jefferson beat his gavel. "He may answer completely." He pointed his gavel at Pinckney. "
I will decide whether he is attempting to mislead Congress and stop him as necessary."
"Thank you," Adams blinked.
"Now...Mister Pinckney?"
"A moment." The Carolinan frowned, remembering his line of questioning. "You confronted Mister Rutledge in his home. This is a matter of public record."
"Yes."
"Which is where you tried to kill him."
"Mister President!"
"General Heyward will answer the question," Jefferson retorted.
Heyward considered. "Well, that depends..."
"You tried to murder the man in charge of the Patriot's League, knowing Governor Guerard was in no condition to run the state."
"No, that's..."
"And then, thinking you'd left the army in turmoil and murdered the only man capable of leading South Carolina, you ran to Georgia to urge General Burgoyne to attack! Isn't that so?"
"What!? No!"
"What did he promise you, General? Money? Land? A title?"
"Mister President! Please!" Adams pleaded.
"Order!" Jefferson cried as delegates murmured to each other. "Order!"
"Mister President, not only is South Carolna browbeating my client, now he's gone into the realm of fiction!"
"That is the heart of my charge, Mister President! General Heyward's desertion was the least of his crimes. It was but one part of a clever plot to deliver South Carolina into the hands of the enemy!
That is treason!"
"Damn right!" agreed Spaight.
"ORDER!"
"And that is why South Carolina demands General Heyward be extradited to Charleston immediately, in accordance with the Articles of Confederation!"