Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-08-25

possession OF a city commonly called New
Orleans, 10 the territory OF Orleans, be.
Jogging 10 the United States ]. contrary to
the dutysef their said allegiance and 6de-
lty, asainss the constitution peace and dig.
nity of the said u. S. and against the
form Of the act of the congress OF the sSld
u. S. 10 such case made aud provided.
HAY, Aftorneu Of the United States
for The Hirginia district.
Enaarsed, g A trse bill ohn Randolph"
A copy.. a este.
YIN. MARSALL, elk :
Mr.. HAY then rose to eper the case, on
the part of.he prosecution.
May il please the court andyou gen
tlsrnen of the jury
In the preliminary stages of.he prose.
cu,ion, ia which We are now engaged, ma
ny observations were made extrem e}y' de.
rogssory to the government under which
welve and injurious othe feelings OF
the counsel employed 10 the prose cn'ioa.
Il was said among other .hiogs that Ue
had INDUCED an imtempera,e zeal which
sransgtessed the limits Of reason and hu,
mainly tha, we were soliei.ous to- con-
vics the prisoner, ,ahe,her Innocent or
guilty. and to dsfrive him of all the pro.
per means necessary 10 his defence. --l
know no., gentlemen of the jury, wheiass
this charge has reached your ears; oF-lf 70
has whether it.has Gaade any serious IN.
pressions upon your minds but II u bad
tits nv duty TO eface them. Gut by sytlst
means By professions of candor aud OF
ii5erality which are sssily made and as ca.
silly forgotten. No. shall prove the IN.
Justice Of this charge by the course aad
conduct Of the prosecution. We have a'.
rived at most serioes crisis IN this en-.
curry, on whose result the life OF q n,sn
and Of fellow eitizen, who once stood
high 10 the estimation of his country must
eer,s;nly depend I, is alledged TO be for.
feited TO the violated laws and justice Of
his country II is,my duty to supper, that
allegation but I shall supper, it only by
facts. which believe to be true, and by ar
gumenis which have produced my owo
convicsicn.
The prisoner q: the bar is charged with
treason, in levying war against The Jei.-
ed Sta,es-To this charse he has plead
not gully. 1t is your solemn duIy to de-
eide upon the validity Of this plea, and you
have sworn to decide !. spon facts alone.
If you attend to the obligation Of year
oath, any sdmoBi,ious from me will be
unnecessary. You Will dives, your miods
oe every bias, of all ex;raneous rnmours
or political Prepossessions. You will eo'er
upon the case with csndor, and with
firm determination 10 doius,ce between
the. =. States and Aaron BUR-. II after
that pasien. Investigation OF the evidence,
which the importance of the case rs.
qaires.v you should doubt whether be IS
gully, you mus, decide tina, he is not
Such is lac language Of the law and such
the dictate Of common sense. tfyou doubt
yon mast declare him to be innocent, Bot
,here is one distinction which ! have heard
from the lips of iutynaen, which seems TO.
ne toeb be distinction wishou. diRcr.
cace, and to be founded in folly and in
wickedoess' have heard them declare
that though. as individuai, they might be
rssiehed of the gull. Of the prisoner, as men
thcy were not. This is taIlacy. can !.
conceive that 2 .iuryman may entertain
belisf founded on wha, he las heard Oh. OF
doors, which is not warranted by ,;le lie.
gal evidepe. before him /; but Il he once
believes, from the evidence, that the pri.
eouer has committed the CRIME alledged,
he is then guilty of ,reaehery to himself,
his ecan'ry, and to his God, if he does pot
pronounce tina, belief.
" The indictment, before you consists cf
;wo counts. The FIRST charges the prison.
er with levyias war on Blaorerhasset.'s ISL.
and: The second repeats the charge 10
substance, with this addition. that in order
to levy it more eaec,ualfy, the prisoner