PREFACE.

wise have been too voluminous and expensive. As much of the authorities referred to are inserted, as will enable any reader to comprehend their application. The opinions of the court, on most of the points, are published as written and delivered by the Chief Justice, and in the few other cases as uttered.

In whatever view these trials are to be regarded, they must be deemed very interesting. But when we consider the celebrity of the party accused, the stations and characters of some of those implicated with him, the magnitude and extent of their supposed designs, the danger to the union of the states apprehended therefrom, the learned and profound doctrines which were so ably and elaborately discussed by such eminent counsel, and the great talents of the court, this report cannot but be highly important and valuable. Perhaps no trial for treason has taken place in any country, in which more ability, learning, ingenuity and eloquence have been displayed. All the important decisions on treason, in England and this country, were acutely and thoroughly examined, and considered; and their application to the questions before the court discussed with great ingenuity and skill: nor was less industry or judgment shown in arguing the application and effect of the constitution of the United States, and of the common law, if it existed at all as a law of the union. On the motion to commit, the effect of the plea of "autrefois acquit" or the doctrine of a former acquittal, was also ably investigated.

It is believed that this report will be amusing and interesting to all persons capable of reading and understanding; and that to the lawyer, politician and man of general information, it will be particularly gratifying and useful, as it will comprehend a valuable treatise on criminal law, and especially high treason. The reporter has used his best exertions to make the accuracy of the publication correspond with the importance of the work. How far he has succeeded, he now submits to the judgment and candour of the court, the counsel engaged in the cause, and the public.

CONTENTS

OF THE

FIRST VOLUME.

EXAMINATION of Col. Aaron Burr before the Chief Justice of

the United States,

Evidence of Major Perkins, who arrested Col. Burr on the Tombigbee

river, in the Mississippi territory,

-

Motion of Mr. Hay, the Attorney of the United States, for the Dis-
trict of Virginia, to commit the Prisoner,

Speech of Mr. Wickham, counsel of Col. Burr, in opposition to the
motion,

Speech of Mr. Randolph, counsel of Col. Burr, in opposition to the

motion,

Speech of Col. Burr, in opposition to the motion,

of Mr. Rodney, the Attorney General of the United States,

in support of the motion,

Opinion of the Chief Justice on the motion,

of the Supreme Court, in the case of Bollman and Swartwout,

Appearance of Col. Burr, pursuant to his recognisance, at the Circuit

Court of the United States, for the district of Virginia, on Friday,

the 22d May, 1807,

Challenge of Col. Burr to the panel of the Grand Jury,

This subject discussed to

Challenges for favour,

The subject discussed to

Grand Jury sworn,

Motion of Col. Burr, to instruct the Grand Jury, discussed

of Mr. Hay to commit Mr. Burr, on a charge of high treason,

discussed to

Opinion of the Court, delivered by the Chief Justice, on this motion,

Previous proof of an overt act insisted upon by Col. Burr's counsel,

discussed to

Motion of Col. Burr's counsel to exclude the affidavit of Jacob Dun-

Page

1

2

5

6

8

11

21

31

ib.

38

ib.

46

ib.

46-49-

50

78

79

82

96

The Grand Jury adjourned from the 3d till the 9th of June,

112

adjourned from the 9th till 11th of June,

113

Motion of Col. Burr to issue a subpœna duces tecum, to be directed to

the President of the United States, requiring the production of cer-

tain papers in evidence,

114

This motion discussed to

172

Motion of Col. Burr, to give specific instructions to the Grand Jury,

ib.

Motion of Mr. Hay, to bind Col. Burr in a further recognisance,

CONTENTS:

Opinion of the Court, on the motion to issue a subpœna duces tecum, to

be directed to the President of the United States,

Motion of Mr. Hay to send Doctor Bollman to the Grand Jury, and that

he be considered as a pardoned man,

Page

177

191

Motion of Mr. Wickham, to instruct the Grand Jury to receive no

papers but through the medium of the Court,

Discussion of this subject to

197

205

Motion of Mr. Hay, to send to the Grand Jury a cyphered letter and

Willie to explain it,

206

Objection, that he should be asked no question tending to criminate

himself,

207

Letter from the President of the United States, in answer to Mr. Hay,

on the subject of the subpoena duces tecum,

209

Discussion of the question, how far a witness may refuse to answer

questions which he thinks would criminate himself,

212-234

Preliminary discussion of the right to move for an attachment against

General Wilkinson,

Motion of Mr. Randolph to issue an attachment against General Wil-

kinson, supported by affidavits,

247

Testimony of James Knox, in support of the motion,

of Lieut. Gaines, against the motion,

of Mr. John Graham against it,

of Captain Murray against it,

Speech of Mr. Randolph, in support of the motion,

of Mr. Mac Rae, in opposition to the motion,

of Mr. Botts, in support of the motion,

True bills for Treason and Misdemeanor found against Aaron Burr

and Herman Blannerhasset,

Objection, because the witnesses were present and could be examined

viva voce,

Objection to those affidavits, because said to be written by the attorney

of the accused,

Speech of Mr. Hay against the motion to attach General Wilkinson,

Grand Jury call for the cyphered letter, said to be from Gen. Wil-

kinson to Col. Burr, post marked the 13th May,

Mr. Wickham's speech in support of the motion to attach Gen. Wil-

kinson,

331

Mr. Martin's speech, in support of the same,

341

Indictments found by the Grand Jury against Jonathan Dayton, John

Smith, Comfort Tyler, Israel Smith and Davis Floyd,

350

Motion to remove Col. Burr from the public gaol, to another place of
confinement, on account of the situation of that gaol,

ib.

His removal ordered,

351

Col. Burr pleads not guilty,

352

A venire of 48 Jurors awarded, out of whom 12 to be from Wood

county,

354

Opinion of the Court on the motion against Gen. Wilkinson,

Trial postponed till the 3d day of August,

ib.

357

Order to remove Col. Burr to the penitentiary, pursuant to the offer of

the Executive of Virginia,

359

Discussion of the mode of conducting the prosecution and defence

before the Petit Jury,

364-365

Challenge of the Jurors from Wood county, discussed

Discussion of the challenges to the other Jurors,

Preliminary observations as to the suspended Jurymen,

CONTENTS.

Speech of Mr. Martin against the competency of the suspended

Jurymen,

Speech of Mr. Botts against the same,

of Mr. Burr against the same,

of Mr. Mac Rae in support of their competency,

of Mr. Hay in support of their competency,

of Mr. Randolph against it,

Opinion of the Court on this question,

A" tales," or panel of 48 Jurors, awarded to be summoned by the

Marshal,

Objection of Mr. Burr's counsel to Mr. Hay's mode of examining the

witnesses, and demand of the previous proof of an overt act,

Mr. Wirt's speech in vindication of this mode of examination,

Argument of Mr. Burr's counsel against it,

Opinion of the chief justice on the order of evidence,

Evidence of general William Eaton,

of commodore Truxtun,

of Peter Taylor,

of general John Morgan,

of colonel Morgan,

of Thomas Morgan,

of Jacob Allbright,

Further Evidence of Peter Taylor,

Evidence of William Love,

of Dudley Woodbridge,

of Simeon Poole,

of Maurice P. Belknap,

of Edmund P. Dana,

Page

386

391

392

393

395

412

414

421

430

433

452-454

ib

459-469

ib.

473

485

491

497

500

505

506

514

ib.

518

526

528

ib.

Speech of Mr. Wickham in support of the motion to arrest the evidence, 539

70,

47, for argument' read agreement'

6, for of read' and'

1, after the comma the sentence ought to read thus: I trust that unless some hard-mouthed precedents, from old black letter books, be found to justify this procedure, it will be disregarded'

Page 72, Line 33, for prejudicate' read' prejudice'

with' read' to'

75,

46, for