The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-08-18


reetIon, rebellion and war againa the raid Uni
ted States, on the eleventh day of December,
IN the year ofour Lord one thoufand eight hum
dfed and nix, at a certain place called and
known by the name of Blannerhatfett's i(land,
IN the county Of Wood and diftret of Virginia
aforefaid, and within the jurifdictiou of this
court, with force and arms unawfully, falfely,
maiIciouily and tratorouny did compass, ina
gine and intend to raife and levy war, infurrec-
ton and rebellion againft the fad U. States !;
and IN order, to fulfil and bring to effect the
laid traitorous compafiings, imaginatons & in
tentons OF him the faid A. Burr, he the faid A.
Burr afterwards, to wit on the faid lat men.
TONED day OF December in the wear one
thoufand eight hundred and fix aforefad, at
certain place commonly called and known by
| the name OF Bannerhaliett's fland in the faid
county of Wood in the dftriet of Virginia a.
forefaid, and within the jurifdittion of this
court, with one other great multitude of per-
IONS whole names at pretent are unknown to
the grand inquef aforefaid, to great number,
to wit to the number of thirty perfons and
upwards, armed and arrayed in warlike man.
ner, that is to fay, with guns, fwords and tiirks,
ana other warike weapons, well offenive as
defeDilve being then and there uuIawfuy, ma
| iiciouily and traitorouily attended and gather
ca together, did fa!feiy and traitorouily aflem-
Die and join themfelves together againlt the faid
UNITED States and then and there with force
and arms did falfeiy and traitorou(ly and in
warlke and hottie manner array and difDofe
themfeves againf the faid United States, and
then and there, that is to fay, on the day aud
| IN the year laf mentioned, at the ilsnd afore-
| laid, IN the county of Wood aforefaid, in the
Virginia ditrie, and within the iurifdittion of
this court, in puriuance of fuch their tratorous
intentions and purpofes afore faid, he the faid A.
Burr with the faid perfons 70 as aforefad trato.
| rouily attended & armed & arranged in manner
atorefaid, mott wckedIy, malicioully 8, traito-
rouily did ordain, prepare & levy war agairft the
ia'd U. States, and further to fulfil and carry
| INTO effect the faid traitorous eompsffngs, i'm
aginations and Intentions of him the fad Aaron
Burr, againit the faid United States and to car
| ry on the war thus levied as aforefaid againft
the laid United States, the faid Aaron Burr,
with the multitude laft mentioned, at the land
| aforefaid, in the faid county of Wood within
the Virginia Diari6t aforefaid, and within the
!urlidietion ofthi: court, did array themfelves
| IN warlike manner, with guns and other wca-
Pons, oftenilVe and defeniive, and did proceed
| from the fad ifland down the river Ohio in the
county aforefaid, within the Virginia Dftrit
and within the jurifdcton of this court, on the
laid eleventh day of December, in the year one
thoufand eight hundred and fix aforefaid, with
the wicked and traitorous intention to defend
the laid river and the river MifIilippi, and by
force and arms tratoroufly to take polfef1ion of
city commonly called New Orleans, in the
territory of Orleans, belonging to the United
states contrary to the duty of their faid allie
glance and fidelity, againft the contribution,
peace and dignity of the fad United States,
and againtt the form of the act of the Congrefs
OF the United States in fuch cafe made and pro
vided.
| HAY, attorney Of the United States
for tbe Vrginia difria.
Endsr/ed-" TRUE BILL--JoHN RANDot PHI"
Copy. Teite,
WILLIAM MARSHALL, elk.
MIR. Hay then role to open the CAFE, on the
part of the profecuton. His fpeech was nm.
commonly luminous and inftruttive. He fpoke
upwards OF two hours. AS we have no TING
at Pre/rnt to report it in detail, we mutt be IA
tiohed with Very Borf fketch of its principal
points. MIR. II. expatiated at confderable,
.enSth on the definition of the crime of treafon ::
he quettion was, what contributes the overt
act OF levying war againft the U. States . He
nated that there was an immeEfe interval be-
tween the fri movements of treafonable con.
iPiracy and actual holtilites that individuals
nheht meet together and make arrangements
| 'or bringing forces into the field /; this confpi-
! rdcy was not treaion that they might go on
TO levy forces without treafon and that il had
even been adjudged by the Supreme Court of
tue U. States, that the travelling of thefc per-
| 1919 ~ Ptd1S vi EeUOtZYOuS was tTeatOn !.
but that the crime of treafon was contribution.
any complete, when there was an afTemblage
| or force at any place of rendezvous, which
force was intended to be ufed for treafonabIe
purpoies before it was difperied He ftated his
reaions at great length for excluding from
TINS definition, LIT the pofefion of arms; and
2diy, the actual employment of the force and
moved that MS definition OF treaion was com.
Plete without theie ingredients, AZ well on
the principles of common fenfe, az on the de.
cihon OF the iupreme court of the u. States
IN the cafes ct BoIlman and Swartwout. and
ALTO on Britiih authorities.
| He ftated, that il was confcduentIv inc umbent
upon him TO ihow Il. that there had been
treaionable ds6sn, and 2dly. a meeting to effr6f
that dehgn that it would be proved to the in .
ry that II was the defgn of the priConer. not
ohly to wage war upon the Spaniih Terri cries,
but to take pohefiion of New Orleans, with a
view of affecting that object, and with = fur.
ther view OF diimembering the union: that tn
facilitate his own deGgns, he had fpokeD dire.
tpectfully OF the government of bis country
wherever be went: to the perfons in the Allan,
tic States he had denounced the want of en-.
ergy in the administration, & a1trted the facility
with which the Prefent government and liberties
OF the people might be overthrown to the
people in the wet, he had denounced the exia
ence of that holy union which bound them 70
their brethren in the eaft that wherever he