xt73xs5j9q0h https://exploreuk.uky.edu/dips/xt73xs5j9q0h/data/mets.xml Burr, Aaron, 1756-1836 1808 books b9297348b94v12009 English Hopkins and Earle, Fry and Kammerer, printers : Philadelphia, Pa. Contact the Special Collections Research Center for information regarding rights and use of this collection. Burr Conspiracy, 1805-1807. Reports of the trials of Colonel Aaron Burr, (late vice president of the United States,) for treason, and for a misdemeanor, in preparing the means of a military expedition against Mexico, a territory of the King of Spain, with whom the United States were at peace. In the Circuit Court of the United States, held at the city of Richmond, in the district of Virginia, in the summer term of the year 1807. To which is added, an appendix, containing the arguments and evidence in support and defence of the motion afterwards made by the counsel for the United States, to commit A. Burr, H. Blannerhassett [!] and I. Smith to be sent for trial to the state of Kentucky, for treason or misdemeanor, alleged to be committed there. Taken in short hand by David Robertson. text Reports of the trials of Colonel Aaron Burr, (late vice president of the United States,) for treason, and for a misdemeanor, in preparing the means of a military expedition against Mexico, a territory of the King of Spain, with whom the United States were at peace. In the Circuit Court of the United States, held at the city of Richmond, in the district of Virginia, in the summer term of the year 1807. To which is added, an appendix, containing the arguments and evidence in support and defence of the motion afterwards made by the counsel for the United States, to commit A. Burr, H. Blannerhassett [!] and I. Smith to be sent for trial to the state of Kentucky, for treason or misdemeanor, alleged to be committed there. Taken in short hand by David Robertson. 1808 2009 true xt73xs5j9q0h section xt73xs5j9q0h

"RETURN TO ME"

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To read, to study-not to lend, But to return to me.

Not that imparted knowledge doth

Diminish learning's store; But books, I find, when often lent, Return to me no more.

Go, then, my book, for friendship's sake,

Instruct, amuse-and be A treasure to my friend; then make A quick return to me.

LIBRARY UNIVERSITY OF KENTUCKY
LIBRARY UNIVERSITY. OF KENTUCKY

REPORTS

OF THE TRIALS OF COLONEL AARON BURR,

(LATE VICE 1'HESIDENT OF THE UNITED STATES,) ion

TREASON,

and for

A MISDEMEANOR,

In preparing the means of a Military Expedition against Mexico, a territory of the King of Spain, with whom the United States were at peace,

in the

CIRCUIT COURT OF THE UNITED STATES, Held at the city of Richmond, in the district of Virginia, in the Summer Term of the year 1807.

" TO WHICH IS ADDED,

AN APPENDIX,

CONTAINING

_Till- ARfilMKftjT.^ AM) i.vinr.xcE

in support and defence of the motion afterwards made by the counsel for the united states,

TO COMMIT

A. Burr, H. Blannerhassett and I. Smith,

TO BE SENT FOR TRIAL TO THE STATE OF KENTUCKY,

FOR

TRE/VSON OR MISDEMEANOR,

ALLEGED TO BE COMMITTED THERE.

taken in short hand

BY DAVID ROBERTSON,

counsellor at law.

IN TWO VOLUMES....VOL. I.

PHILADELPHIA: PUBLISHED BY HOPKINS AND EARLE.

fry and kammerer, printers. 1808.
NT. \

District of Virginia, st. j

BE it remembered that on the 9ih clay of June, in the thirty-second year of the independence of the United States of America, David Robertson of the said district hath deposited in this office the title of a book, the right whereof he claims as author, in the words following, to wit:

" Reports of the trials of colonel Aaron Burr, (late Vice President " of the United States,) for Treason, and for a Misdemeanor, in " preparing the means of a military expedition against Mexico, V atcrrito.y of the king of Spain, with whom the United Stbti . " were at peace, in the Circuit Court of the United States, held " at the city of Richmond, in the district of Virginia, in the sum-" merterm of the year 1807. To which is added, An Appendix, " containing the arguments and evidence in support and defence " of the motion afterwards made by the counsel for the United " States, to commit A. Burr, H. Blunnerhassett and I. Smith, to " be sent for trial to the state of Kentucky, for Treason or Mis-" demeanor, alleged to be committed there. In '1 wo Volumes. " Taken in short hand by David Robertson, counsellor at law."

In conformity to the art .if the Congress of the United States, intituled "An act for the encouragement of learning, by securing the " copies of maps, charts and books, to the authors and proprietors of " such copies, during the times therein mentioned;" and also, to an act intituled " An act supplementary to an act, intitled an Act for the " encouragement of learning, by securing the copies of maps, charts " and books, to the authors and proprietors of such copies, during the " times therein mentioned; and extending the benefits thereof to the " arts of designing, engraving, and etching historical and other " prints."

WILLIAM MARSHALL,

Clerk of the District of Virginia.
PREFACE.

T. HIS publication contains a full and correct statement of all the testimony and documents adduced on the two trials of Col. Burr, for treason and misdemeanor, and on the motion made by the counsel for the United States, to commit the accused, for the purpose of sending them to Kentucky, to be tried for similar offences committed there; also the arguments of the counsel and the opinions of the judges on all the points discussed. The proceedings previous to the trials, before and while the grand jury were in deliberation, are also detailed,but the first part of them not so fully as the rest of the report; because it was the middle of June, before the reporter was prevailed on to undertake the publication. He has however consulted the best sources of information, in order to enable him to present to the public a correct statement of those preliminary proceedings which occurred from the commencement of the term till he began the report. He was present in court, during a considerable part nf that interval, and has therefore been aided bvTTis recollection.

The report of the trials might be perfect, and would be long, even if all those proceedings were omitted. But they are inserted, because it was deemed more satisfactory to the public to give a connected historical detail of all the proceed ins against colonel Burr from his first arrest, till the decision of the final motion against himself, I. Smith and H. Blanner-hassett, than to limit the publication to a statement, however full, of the trials only. For such a detail would most probably enable the reader to judge most correctly of the views of the accused, and of the nature and tendency of the great scheme or plot which has thrown the country into such a state of agitation and alarm, and of the measures adopted to counteract and defeat it. For the same purpose, and to elucidate the subject, there are prefixed a concise account of his first examination before the Chief Justice, the opinion pronounced thereon, and the opinion of the supreme court of the United States, in the case of Bollman and Swartwout.

The arguments of the counsel on all points of importance are detailed verbatim as uttered: and those of a subordinate nature are considerable* condensed, as the report would other-
I'Hl'.FACE.

wise have been too voluminous and expensive. As much oi 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 cele-britv of the party accused, the stations and characters of sum. oi 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 wind: 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, ingenuitv 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 ingenuitv and skill: nor was less industry or judgimm shown in arguing the application and effect of the constitution oi 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 cH'cct 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 especiallv 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. ;ind the public.
CONTENTS

of the

FIRST VOLUME.

Page

TC X A MI NATION of Col. Aaron Burr before the Chief Justice of

the United States, ..... . . 1

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

river, in the Mississippi territory, ...... 2

Motion of Mr. Hay, the Attorney of the United States, for the District of Virginia, to commit the Prisoner, ..... 3

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

motion, ......... .4

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

motion, - ....... 5

Speech of Col. Burr, in opposition to the motion, ... 6 of Mr. Rodney, the Attorney General of the United States,

in support of the motion, - - - ... 8

Opinion of the Chief Justice on the motion, 11

of the Supreme Court, in the case of Bollman and Swartwout, 21

Appearance of Col. liurr, pursuant to liis recognisance, at the Circuit Court of the United States, for the district of Virginia, on Friday,

the 22d May, 1807, -..... 31

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

This subject discussed to ...... 33

Challenges for favour, -

The subject discussed to ...... 46

Grand Jury sworn, .......

Motion of Col. Burr, to instruct the Grand Jury, discussed - 46 49

of Mr. Hay to commit Mr. Burr, on a charge of high treason, 50

discussed to - - - - - ' - 7S

Opinion of the Court, delivered by the Chief Justice, on this motion, 79

Previous proof of an overt act insisted upon by Col. Burr's counsel, 82

discussed to - ..... 96

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

baugh, as not appearing to be properly taken, ... a.

Opinion of the Court thereon, - - - - - 97

Motion of Mr. Hay, to bind Col. Burr in a further recognisance, 101

Opinion of the Court thereon, ..... 104

Bail given by Col. Burr, - - - - - 106

The Grand Jury adjourned from the 3d till the 9th of June, - 112 adjourned from the 9th till 11th of June, - - 115 Motion of Col. Burr to issue a subpeena duces tecum, to be directed to the President of the United States, requiring the production of certain papers in evidence, ...... 114

This motion discussed to . . - - - - 172

Motion of Col. Bnrr, to give specific instructions to the Grand Jury, it.
CONTENTS:

Age

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

be directed to the President of the United States, - 177" Motion of Mr. Hay to send Dnctor Bollman to the Grandjury, and that

he be considered as a pardoned man, ... - 191 Motion of Mr. Wickham, to instruct the Grand Jury to receive no

papers but through the medium of the Court, ... 197

Discussion of this subject to . - - - 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, ..... . 236

Opinion of the Court in the case of Willie, - ... 242 Motion of Mr. Randolph to issue an attachment against General Wilkinson, supported by affidavits, ..... 24"

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

of the accused, - - - - - - 258

Objection, because the witnesses were present and could be examined

viva voce, ... .... 259

Testimony of James Knox, in support of the motion, - 268

of Lieut. Gaines, against the motion, ... 271

of Mr. John Graham against it, - - - 274

of Captain Murray against it, .... 277

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

of Mr. Mac Hae, in opposition to the motion, - - 292

of Mr. Botts, in support of the motion, - - - 300 ^ True bills for Treason and Misdemeanor found against Aaron Burr

and Herman Blannerhassc-t, I 306 Motion to bail Col. Burr, discussed - - - - 306 J12

Speech of Mr. Hay against the motion to attach General Wilkinson, ib. Grand Jury call for the cyphered letter, said to be from Gen. VVil-

kinson to Col. Burr, post marked the 13th May, - - 327 Discussion of this subject to - - - - - 329 Mr. Wickham's speech in support of the motion to attach Gen. Wilkinson, 331 Mr. Martin's speech, in support of the same, - - - 341 Indictments found by the Grand Jury against Jonathan Davton, John

Smith, Comfort Tyler, Israel Smith and Davis Floyd, ' - - 350 Motion to remove Col. Bun- 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 venir; of 48 Jurors awarded, out of whom 12 to be from Wood

county, - - - . . . . 354

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

Trial postponed till the 3d day of August, - - - - 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 - 367 372

Discussion of the challenges to the other Jurors, - - 373 382 Preliminary observations as t.o the suspended Jurymen, . 382 386
CONTENTS.

Page

Speech of Mr. Martin against the competency of the suspended

Jurymen, ........ 386

Speech of Mr. Botts against the same, .... 391

of Mr. Burr against the same, .... 392

of Mr. Mac Rae in support of their competency, - - 393

of Mr. Hay in support of their competency, - - 395

of Mr. Randolph against it, - - - 412

Opinion of the Court on this question, .... 414

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

Marshal, - - ..... 421

The Jury sworn, ....... 430

Opening speech of Mr. Hay to the Petit Jury, ... 433 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, 452 454

Mr Wirt's speech in vindication of this mode of examination, - ib. Argument of Mr. Burr's counsel against it, ... 459 469

Opinion of the chief justice on the order of evidence, - - ib.

Evidence of general William Eaton, - - . . 473

of commodore Truxtun, ..... 485

of Peter Taylor, - .... 491

of general John Morgan, .... 497

of colonel Morgan, - - .... 500

of Thomas Morgan, ..... 505

of Jacob Allbright, 506

Further Evidence of Peter Taylor, - - - . - 514

Evidence of William Love, - ib.

of Dudley Woodbridge, ..... 518

of Simeon Poole, - .... 526

of Maurice P Belknap, - - - 528

of Edmund P. Dana, - .- _ ... ib.

Speech of Mr. Wickham in support of the motion t