Burr were always enveloped in mystery, and inimical to the United States; and when informed by the public prints, that he was descending the river with an armed force, he had felt as every friend of his country ought to feel.

Mr. BURR.-If, sir, you have completely prejudged my caseMr. Coleman. I have not. I have not seen the evidence. Mr. BURR.-That is enough, sir. You are elected.

Mr. HAY then suggested to the court, the propriety of not swearing all the jury this day; as it would subject them to the inconvenience of an unnecessary confinement in their own room to-morrow, (Sunday). Would it not be better for Mr. Marshall (the clerk), to swear three only out of the remaining four? The court might then impanel the whole on Monday, and proceed immediately to business.

Mr. BURR had no objections to this measure; but hoped that the court would enjoin them not to hold any conversations on the subject of the trial.

John Curd, upon being called, stated, that he had no prejudices, for or against the prisoner; but that he was bound in candour, to inform the court, that he was afflicted by a disorder, (a palpitation of the heart), which was irregular in its attacks, but was sometimes very sudden and violent, and rendered him entirely incapable of business; and if he were sworn on the jury, it might interrupt and delay the progress of the cause. He was

excused.

Isham Godwin had formed and declared a uniform opinion of colonel Burr's guilt. If he were impaneled, he should be under a strong impression, that colonel Burr was guilty of treason. Suspended.

Samuel Allen, had, for several months, made up an opinion unfavourable to the prisoner. Suspended.

Benjamin Graves had not formed an opinion; and gave a long history of his domestic and family engagements, to excuse himself from serving. He was asked, whether he could not make some arrangements of this business, between this time and Monday, calculated to remove all the inconvenience of his serving? Mr. Graves could not positively say.

Mr. BURR then observed, that the two jurors who had been selected, might be sworn; the other two might be selected on Monday. And Messrs. Coleman and Graves were accordingly

sworn.

Mr. BURR hoped, that the marshal would direct all the necessary preparations to be made for the accommodation of the jury, who would be confined to their own chamber after Monday.

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 subpœna duces tecum? Mr. HAY.-I have no objection.

CHIEF JUSTICE.-I suppose an order may be made to issue a subpœna 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.

Reuben Blakey,

1

Benjamin Graves,

Richard E. Parker,

Miles Bott,

Hugh Mercer,

Christopher Anthony,

James Sheppard,

Henry E. Coleman,
John M. Sheppard,

Richard Curd.

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 för 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