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 peech of Mr. Randolph, counsel of Col. Burr, in opposition to the 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, Motion of Col. Burr, to instruct the Grand Jury, discussed of Mr. Hay to commit Mr. Burr, on a charge of high treason, 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, Motion of Col. Burr's counsel to exclude the affidavit of Jacob Dun- baugh, as not appearing to be properly taken, Motion of Mr. Hay, to bind Col. Burr in a further recognisance, 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- ib. 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 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 Opinion of the Court in the case of Willie, Motion of Mr. Randolph to issue an attachment against General Wil- 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 Speech of Mr. Hay against the motion to attach General Wilkinson, ib. Motion to remove Col. Burr from the public gaol, to another place of ib. Opinion of the Court on the motion against Gen. Wilkinson, Discussion of the mode of conducting the prosecution and defence 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, ib. Alterations, Additions and Corrections. Page 5, Line 39, for who' read' which' 7, 25, 16, for that' read 'the' 1, dele' so' 17, for moved' read' proved" 25, for that' read' they' 25, 33, 33, 34, 37, for deny him' read be denied' 75, 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' 46, for with' read' to' 4, after things' add' to' 222, 9, for person' read ' prisoner' motion' read instance' 30, after this' read' because it is' 23, for attach' read' attack' 30, after relevancy' add' of his evidence' 41, after 13, for 3d' read' 2d' 440, 41, for and' read' but' |