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 Motion of Mr. Wickham, to instruct the Grand Jury to receive no Letter from the President of the United States, in answer to Mr. Hay, Discussion of the question, how far a witness may refuse to answer questions which he thinks would criminate himself, Preliminary discussion of the right to move for an attachment against 209 Testimony of James Knox, in support of the motion, of Lieut. Gaines, against the motion, of Captain Murray against it, Speech of Mr. Randolph, in support of the motion, Motion to bail Col. Burr, discussed 306-312 Speech of Mr. Hay against the motion to attach General Wilkinson, Motion to remove Col. Burr from the public gaol, to another place of ib. Opinion of the Court on the motion against Gen. Wilkinson, ib. Opening speech of Mr. Hay to the Petit Jury, 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, Further Evidence of Peter Taylor, of Edmund P. Dana, 7, Alterations, Additions and Corrections. Page 5, Line 39, for who' read' which' 16, for that' read 'the' 1, dele' so' 17, for moved' read' proved' 33, 25, for that' read' they' 34, 37, for deny him' read be denied' 38, 42, for . in' read 'on' 40, 43, for it' read they' 54, 47, for argument' read agreement' 55, 70, 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' THE EXAMINATION OF COLONEL AARON BURR. RICHMOND, MONDAY, March 30th, 1807. COLONEL AARON BURR, who had been arrested on the Tombigbee river, in the Mississippi Territory, on the 19th day of February last, and brought to this city under a military escort on Thursday evening the 26th instant, remained under guard until this day, when he was delivered over to the civil authority, by virtue of a warrant issued by the chief justice of the United States, grounded on the charges of a high misdemeanor, in setting on foot and preparing, within the territories of the United States, a military expedition, to be carried on from thence against the dominions of the king of Spain, with whom the United States then were and still are at peace; and also of treason against the United States. Between the hours of twelve and one o'clock, major Scott, the marshal of the district of Virginia, attended by two of his deputies, waited on colonel Burr, at his lodgings at the Eagle Tavern, and, after informing him in the most respectful manner, of the nature and object of his visit, conducted him through an awfully silent and attentive assemblage of citizens to a retired room in the house, where he was brought before chief justice Marshall for examination. The counsel and a witness for the United States, the counsel for the prisoner, the marshal and his deputies, and a few friends invited by the counsel of colonel Burr, were alone admitted. This mode of proceeding occasioned some degree of dissatisfaction among the citizens; but the following statement of facts, which we are authorised to say is correct, will readily account for it. When the attorney for the district applied to the chief justice for a warrant, some conversation ensued on the manner of examination. Mr. Marshall observed that it was indifferent to him whether it was held at the capitol or at the Eagle Tavern. Mr. Hay objected to the latter, that no room was suf ficiently large to receive the crowd that would attend, which VOL. I. A would be a source of considerable inconvenience. Mr. Marshall observed, that this difficulty could be obviated by having the examination in private. To which Mr. Hay assented, on the condition, that if there were a discussion by counsel, they should adjourn to the capitol. The evidence introduced on this occasion consisted of a copy of the record in the case of Bollman and Swartwout in the supreme court of the United States, (containing the affidavits of general Eaton, general Wilkinson, and others); and also of the verbal testimony of major Perkins, the gentleman by whom colonel Burr was apprehended; the substance of which we are authorised to assert, is correctly as follows: On the night of the 18th or 19th of February last, he was at Washington courthouse. At about 11 o'clock, as he was standing at the door of the house occupied by the sheriff, he observed two men coming down the road. The moon afforded him light enough to enable him to see objects at some distance. The foremost man, who was thirty or forty yards before his companion, and who turned out to be colonel Burr, passed near the door without stopping or speaking. Burr's companion stopped and inquired the way to major Hinson's: the way was pointed out, but Perkins informed him that the major was from home, and that, in consequence of a late rise in the waters, he would experience some difficulty in getting there that night; the stranger, however, went on. Perkins, struck with this midnight journey, the silence of the person who had first passed, the unwillingness of the travellers to stop at a public place, where they and their horses might have been accommodated, and their determination to continue their route to Hinson's, after information was given that he was from home, communicated to the sheriff his suspicion, that these men must be under the influence of some extraordinary motive. Possibly they might be robbers, or perhaps one of them was Burr endeavouring to effect his escape. He had been informed that Burr had left Natchez. Impressed by these suspicions, he urged the sheriff, who had gone to bed, to rise and go with him to Hinson's. After some time the sheriff agreed to accompany him, and they went to Hinson's, where they found both the travellers. Burr, who had been in the kitchen to warm himself, soon came into the room where his companion and Perkins were. He spoke very little, and did not seem willing to be observed. Perkins eyed him attentively, but never got a full view of his face. He discerned that Burr once glanced his eye at him, apparently with a view to ascertain whether Perkins was observing him; but withdrew it immediately. The latter had heard Mr. Burr's eyes mentioned as being remarkably keen, and this glance from him strengthened his suspi |