for his trial: but he was then preparing a brief for the information of his counsel, which might enable them to give a definitive answer on this subject.

Mr. HAY was willing to grant them any accommodation they might require. At all events, the court would only have occasion to meet one hour sooner on some day, to arrange it.

Mr. BOTTS promised, that he would notify the attorney some day in the next week, for this purpose.

The court then adjourned till Monday, twelve o'clock.

MONDAY, August 17th, 1807.

The court met according to adjournment.

CHARLES LEE, esq. appeared as counsel for the prisoner. Doctor Bennett, of Mason county, a witness on behalf of the United States, was called and recognised.

Mr. HAY stated some little difficulty which had occurred between Mr. Botts and himself. He had furnished the prisoner with a list of the names of such witnesses, with their places of residence, as had come to his knowledge. He had likewise proposed, and Mr. Botts had consented, that all such witnesses should be examined, whose names should be furnished to the prisoner, before the commencement of the trial. He had furnished the names of three on Saturday, viz. Messrs. Neil, Goodwin, and Jones; which Mr. Botts did not think ought to be accepted, because they were not furnished previous to the trial. For his own part, he did not think that the trial could be said to have commenced, before the jury were sworn and impaneled; the prisoner might at any time before the jury were sworn, move for, and obtain a continuance of the cause; if he could satisfy the court that he was entitled to it.

Mr. BOTTS said, that he had no doubt Mr. Hay thought that he had stated facts to the court, relative to their supposed agreement; that however he was mistaken, and he mentioned some circumstances to convince him that he was so; but that as there had been a mistake, he would, as a matter of voluntary favour and grace, agree to the introduction of those three witnesses.

Mr. HAY solemnly expressed his belief in the accuracy of his statement: but as he was at liberty to introduce these three witnesses, he would let the subject rest where it was.

The names of the selected jurors and of the venire, were then called over. After which, John M. Sheppard, and Richard Curd were selected to complete the panel, and sworn.

The following is, therefore, a complete list of the petit jury.

Proclamation then having been made in due form, the prisoner standing up, the clerk addressed the jury in the usual form, and read the indictment in the words following:

VIRGINIA DISTRICT:

In the circuit court of the United States of America, in and for the fifth circuit, and Virginia district.

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 Blannerhassett'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 in order to fulfil and bring to effect the said traitorous compassings, imaginations and intentions of him the said Aaron Burr, he the said Aaron Burr afterwards, to wit, on the said tenth day of December, in the year one thousand eight hundred and six aforesaid, at the said island called Blannerhassett's island as aforesaid, in the county of Wood aforesaid, in the district of Virginia aforesaid, and within the jurisdiction of this court, with a great multitude of persons, whose names at present are unknown to the grand inquest aforesaid, to a great number, to wit, to the number of thirty persons and upwards, armed and arrayed in a warlike manner, that is to say, with guns, swords and dirks, and other warlike weapons as well offensive as defensive, being then and there unlawfully, maliciously and trai

torously assembled and gathered together, did falsely and traitorously assemble and join themselves together against the said United States; and then and there with force and arms did falsely and traitorously and in a warlike and hostile manner, array and dispose themselves against the said United States; and then and there that is to say, on the day and in the year aforesaid, at the island aforesaid, commonly called Blannerhassett's island, in the county aforesaid of Wood, within the Virginia district and the jurisdiction of this court, in pursuance of such their traitorous intentions and purposes aforesaid, he the said Aaron Burr with the said persons so as aforesaid, traitorously assembled and armed and arrayed in manner aforesaid, most wickedly, maliciously and traitorously did ordain, prepare and levy war against the said United States, contrary to the duty of their said allegiance and fidelity, against the constitution, peace and dignity of the said United States, and against the form of the act of the congress of the said United States in such case made and provided.

And the grand inquest of the United States of America, for the Virginia district, upon their oaths aforesaid, do further present, that the said 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 eleventh day of December, in the year of our Lord one thousand eight hun. dred and six, at a certain place called and known by the name of Blannerhassett'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 in order to fulfil and bring to effect the said traitorous compassings, imaginations and intentions of him the said Aaron Burr, he the said Aaron Burr afterwards, to wit, on the said last mentioned day of December in the year one thousand eight hundred and six aforesaid, at a certain place commonly called and known by the name of Blannerhassett's island in the said county of Wood in the district of Virginia aforesaid, and within the jurisdiction of this court, with one other great multitude of persons whose names at present are unknown to the grand inquest aforesaid, to a great number, to wit, to the number of thirty persons and upwards, armed and arrayed in a warlike man

ner, that is to say, with guns, swords and dirks, and other warlike weapons, as well offensive as defensive, being then and there unlawfully, maliciously and traitorously assembled and gathered together, did falsely and traitorously assemble and join themselves together against the said United States; and then and there with force and arms did falsely and traitorously and in a warlike and hostile manner array and dispose themselves against the said United States; and then and there, that is to say, on the day and in the year last mentioned, at the island aforesaid, in the county of Wood aforesaid, in the Virginia district, and within the jurisdiction of this court, in pursuance of such their traitorous intentions and purposes aforesaid, he the said Aaron Burr with the said persons so 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, imaginations and intentions of him the said Aaron Burr, against the said United States, and to carry on the war thus levied as aforesaid against the said 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, and within the jurisdiction of this court, did array themselves in a warlike manner, with guns and other weapons, offensive and defensive, and did proceed from the said island down the river Ohio in the county aforesaid, within the Virginia district and within the jurisdiction of this court, on the said eleventh day of December, in the year one thousand eight hundred and six aforesaid, with the wicked and traitorous intention to descend the said river and the river Mississippi, and by force and arms traitorously to take possession of a city commonly called New-Orleans, in the territory of Orleans, belonging to the United States, contrary to the duty of their said allegiance and fidelity, against the constitution, peace and dignity of the said United States, and against the form of the act of the congress of the United States in such case made and provided.

HAY, Attorney of the United States, for the Virginia district.

Indorsed" A TRUE BILL-JOHN RANDOLPH.”

A Copy. Teste,

WILLIAM MARSHALL, Clerk.

After the indictment was read, Mr. HAY requested that the jury should be furnished with implements necessary to enable them to take notes on the evidence, and also on the arguments if they should think proper; that as the cause was important, and would require all their attention, it would be proper to afford them this assistance. This was accordingly done.

Mr. HAY then opened the case in the following speech:

May it please the court, and you gentlemen of the jury: In the preliminary stages of the prosecution in which we are now engaged, many observations were made extremely derogatory to the character of the government under which we live, and injurious to the feelings of the counsel concerned in the prosecution. Among other things, gentlemen of the jury, it was said, that we had indulged an intemperate zeal against the prisoner, which transgressed all the limits of moderation and humanity; that we were anxious to convict him even if innocent, and to deprive him of those means of defence which justice and law direct. I do not know, gentlemen of the jury, whether you heard this charge, or if you did, whether it made any impression on your minds; but if it did, it is my duty to efface that impression. But how, gentlemen? By professions of moderation, candour, liberality and humanity? professions easily made and as easily forgotten! No. I will prove, gentlemen, that this charge is unjust, by the course which I shall pursue in the very management of this prosecution. We come now to a serious and interesting crisis in this inquiry; on the result of which the life of a man, and of a fellow citizen, who once stood high in the estimation of his country, must certainly depend. It is alleged, that his life is forfeited to the offended justice and violated laws of his country. It is my duty to support that allegation: but, gentlemen of the jury, if I know myself, if I can venture to express what my own feelings dictate, I shall support that allegation only, by facts which I believe to be true, and by arguments which have already produced my own conviction.

The prisoner at the bar, is charged with treason in levying war against the United States. To this charge, he has pleaded not guilty. It is your high and solemn duty to decide whether the charge be true or not; and you have sworn to decide it according to the evidence which shall be laid before you. If you attend to the obligation and the words of your oath, any admonitions from me, with respect to the course which you ought to pursue, will be entirely superfluous. If you decide according to the evidence, you will divest your minds of every bias, of all political prepossessions produced by extraneous statements and rumours which you may have seen and heard. You will enter upon the case with impartial attention, and a firm determination to do justice between the U. States and the prisoner. But, gentlemen, if, after that patient investigation of the evidence,which the importance of the case requires, and which I am sure you will bestow, you be not satisfied of the guilt of the accused, it is your duty to say, that he is not guilty. This, gentlemen of the jury, is the language of the law, of huVOL. I.

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