The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-08-21
TRIAL OF AARON BURR,

TRIAL OF AARON BURR,
CONTINUED BY ADJOURNMENT, AND HID
AT THE CAPITOL, IN THE HALL OF THE
HOUSE OF DELEGATEs,) FOR HIG #
r n s . " AGAINST THE UNITED
STATES.
SUBSTANCE of Mr.. HAYS opening SPEECH.
TUESDAY, Auguf Is.
May it pleafe the court and you gentlemen
Of the jury;
In the preliminary tages of the profecution,
i'm which we are now engaged, many obferva.
tions were. made extremely derogatory to the
government under which we live and injurious
to the feelings of the counfel employed in the
profec u,ion. It was fad, amongft other things
that we adindulged an incorporate zeal which
tranfgreGed the limits of reafon and humanity;
that We were folicitoust to conviet the prfoner,
whether innocent or guilty; and to deprive
him OF all the proper means which were necef-
fairy to his defence. know not, gentlemen of
the Jury, whether this charge has reached your
ears or if it has, whether it has made any fe-
rious imprefions upon your minds bur if it
had, it is my duty to efface them. But by
what means BY projections of candour and
Of liherality which are eaiily made and As ealily
forgotten. No. lhal prove the injuRic-
of this charge by the courfc and conduct of the
profecution.-We have arrived at Il mott ferrous
cribs IN this enquiry, on whole refult the life
of mar, and of fellow itizen, who once food
high in the eftimaton of his country, mutt GER
tainiy depend. 1t is alledged'to be forfeited
TO the violated laws and juftce of his country.
Il is my duty 10 fupPort that allegation but
fhall fupport il only by facts which believe to
be true, and by arguments which have produc-
ed my own conviction.
The prfoncr at the bar is charged with trea-
fon in levying war againft the Untad States
To this charge he has plead not guilty. 1t is
your folemn duty to decide upon the validity
of this plea, and you have fworn TO decide it
by facts alone. If you attend to the obligations
of your oath, any admoni,ons from me will be
unneceIfary. You will divet your minds of e.
very bias, of all extraneous rumours or politi-
cal prepofe f1ions. You will etiter upon The
cafe with candour, and with firm determine
ton TO do juftice between the u. S. and Aaron
Burr. If after that patient nveitgaton of the
evidence which the impot' ance of the cafe re-
quires, you fhoud doubt whether he is guilty,
you n,uf decide that he is not. Such is the
language of the law and fuch the dictate of
compon fenfe. If you doubt, you mutt de-
clare him to be innocent. But there is one
diitin6lion. which have heard from the lips of
jurymen; which feems to me to be diflinetion
without difference and to be founded in
folly and in wckedneGs. have heard them de-
clare that though as individuals they might be
fatishcd of the guilt of prifoner, as men they
were not. This is a failacy. / can conceive,
that iuryman may entertain belief foNnd-
ed on what he has heard out of doors, which
is not warranted by the legal evidence before
him but if he once believes, from the evil
dcnce, that the prifoner has committed the
crime alledged, he is then guilty of treachery
TO himlelf, TO hs country, and to his God, if he
does not pronounce that belief.
The indictment before you confilts of two
counts. The hrIt charges the prifoner with levy.
ing war on Bahnernafett's inand The fecond
repeats the fame charge in fubftance, with this
addition, that in order TO levy il more effettualy,
the Prifoner had defended the Ohio and the
Mitilippi with an armed force for the purpofe
of taking pofftlfio of New Orleans. If either
of thoie charges be fupported by ADEQUATE evil
dence, you mutt find the prfoner guilty.
In Great Britain, there are no lefs than ten
different fpecies of treafon at Leaf it was 70
when Backbone wrote. Perhaps the catalogue
has been fince increaled. But in this country,
there are only tqvo deicripions, which are de.
fined by the Contribution tfelf; 70 that it is be-
yond the power of the Legislature to increafe
the lift, however important they miept conider
fuch an augmentation. BY the Sd feet. of the
Sd aa of the confituiion of the United States,
{" Treafon againit the U. States fiIal conlift on
" in levyiDg war aganR them, or in sdhereng
TO their enemies, giving them aid and comfort"
OF the Ialt defcrption Of treafoD, it is unnecef.
larry to lay any thing, as the offence charged
in the Indictment is "evying war againR" the
u. States. This offence being thus conttituti-
onaly defined, the only quohion at this ftage
of the enquiry is, what nail con0itute an Overt
Act of levying war againf the U. s.
II is obvious, that the interval between the
frf movements of treafonabie confpiracy and
a ttual hotities is immenfe. There may be
confpiracy to levy war; but this is not trea-
fon. Individuals may meet together for making
arrangements 70 bring forces into the field nor
is this corfpiracy Trtaion. They may advance
fep further. They may not only project A
plan for evying war, but they may proceed to
levy troops; but this is not an Overt Act of
treaTon. 1t has even been adjudged by the Su-
preme Court of the United States that the con-
cerned perfons may proceed one other ftep fur
ther, the feparate individuals may proceed to
place Of renezdvous; and yet remain on the fate
fde ofthe line oftrealon. But, gentlemen, COM
mon fenfe, and principles founded on confidera-
tions of national fafety, obviouny require, that
the crime of treafon fhoud be declared to be COM
plete, before the commilIion of actual hotilities
againft the government. If any hotilities mutt
be committed, what is the coufequence Why,
that man may take bisfepsuutil he is fufficient-
ly frong to laugh at all your definitions of trea-
fon He will not arike blow be will not com
mence actual hoftties, until he is prepared to
give efficacy 10 that blow and TO bid defiance to
your government. Where then is the point at