Colonel Thomas Branch was then excused from serving, because he was engaged in military business.

The CHIEF JUSTICE requested the jury and the remaining members of the venire, to attend on Monday, at twelve o'clock; and enjoined them to hold, in the mean time, no communication on this subject with any person.

Mr. HAY stated, that he was satisfied, from some expressions which he had heard from Mr. Munford, of Powhatan, at the moment of his summons, that the prisoner would himself object. to him.

Mr. BURR was satisfied with the attorney's word; and Mr. Munford was accordingly discharged.

Mr. BURR was sorry to be importunate; but he was under the necessity of mentioning once more the letter of the 21st October. He wished to know, whether the attorney had yet found it amongst his papers, or whether he could point to any other means of obtaining it.

Mr. HAY had examined two bundles of papers transmitted to him by Mr. Rodney; but he had not found it. There were other papers which he had yet to examine. He had, however, a copy of the original letter.

Mr. BURR. Where is this copy from? From Washington, or from general Wilkinson?

Mr. HAY. It is from general Wilkinson. He has, however, written it from the original.

Mr. BURR.-I shall not accept of his copy: but I will state this proposition to the attorney. If he do not find this lettter by Monday, will he consent that I obtain a subpoena duces tecum? Mr. HAY. I have no objection.

CHIEF JUSTICE.-I suppose an order may be made to issue a subpoena duces tecum addressed to the attorney general of the United States, in case the letter be not found.

Mr. HAY.-I have no objection.

A desultory conversation ensued between Messrs. HAY and BOTTS, on the arraignment of H. Blannerhassett. Mr. Hay was averse to interrupting the jury after it had once been impaneled for the trial of Mr. Burr: he was therefore anxious to have Blannerhassett immediately arraigned, and if possible, to have some day fixed for his trial.

Mr. BOTTS did not think it possible for the court to fix on a particular time for his trial, or for the attorney to furnish any means for calculating it. Mr. Blannerhassett was not prepared

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 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 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.