Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-09-12
Latest Proceedings in thc Trial.
WEDNESDAY, Sept. 9.


Mr.. Hay informed the court that the Ex-
press he had sent to the President of the
United States, had returned, and brought 4
copy of such parts of the letter of November
18th, from G eneral Wilkinson as the Pre-
sideut thought proper to be laid before the
public with a certificate written by the
President annexed to the said copy. The
certificate was in the following words -
On re-examinationo of letter of Novem-
Der 18th, 1906, from General Wilkinson to
myself (Which having been for conside-
rabic time out of my possession is now re-
turned t me) find in it some passages en-.
tirely confidential, given for my informati-
on in the discharge of my executive functi-
ons, and which my duties and the public
interest forbid me TO make public. Ihave
therefore given above a correct copy of all
those parts which ought to permit to be
made public. Those not communicated are
III no wise material for the purposes of JUS
tice on the charges oftreason or misdcmea
nor depending against Aaron Burr: they
are on subjects irrelevant to any issues
which can arise out of those charges, and
could contribute nothing towards his acqu,t-
tai or Conviction. The papers mentioned
in the first and third paragraphs, as iaclo-
sed in the letter, being separated there
from, and not in my possession, am unable
from memory to say what thev were /
presume they are in the hands ofthe attor-
ney tor the United States. Given under
my hand this 9TH day OF September, 1907.
THOMAS JEFFERSON.
y number OF persons were called, WHO
had been summoned for the purpose Of COM
pieting the Jury.
Mr. Charles SPENCER of this city said
that, in variety OF companies, he had
been compelled in conversation to express
his impressions and that he was always
free TO do so. The Chief Justice observed
there is difference between i,nhrcssious
and decisive opinions. Mr. Martin said
the juror ought not to be under any impress
sion against the accused. Mr. .Shencey was
set aside for the present.
Mr. Jaco6 Harrison was excused from
serving, on the ground Of private inconve-
nience having no white person about his
house to attend to his business in his abb
sence.
Mr.. Robert Gordon said that, like most
other people, he had talked on the subject
whether he had expressed himself, chiefly,
for, or against Col. Barr, he could not re-
Collect but he had formed no decisive o.
plnicn. He was accepted.
Messrs. JamaS TAILOR. John GEy,,,,, John
.Nt.ao and lPiLfam Rogcletf. severally de-
clared that they had formed and expressed
opinions OF the guilt of aaron Burr and
were therefore rejected.
Mr.. James Penn declared that he had
'eonversed a great deal on the subject, but
had no decisive opinion. He was, of course,
accepted.
MIR Heath Jones Miller. / have been
decidedly of one opinion, ever since the
commencement and that has been of his
guilt.
Messrs Jordan Harris, James Harris,
Samuel Woodson and BENJAMIN Woifc,
declared that their opinions were fully made
up. Mr.. H'0Bs said he had expressed his
opinion a thousand times
Maj. DaUid HoAo7vay and Mr.. Richard
Young were excused on account of i'll
health.
Mr. IhomaS Lewis said that in converse .
ton he had generally expressed himself m-
favorably to Col. Burr, but had made nm
10 decisive opinion He as accepted
Mr.. OrriS Paine (who had been called
before on Monday last) was again called .
when Mr.. Hay asked him if he could say.
with safe conscience, that he had formed
no opinion on this subject He answered
that he had formed no decisive opinion.
Ihe jury was then sworn consisting OF
Messrs. OrTiS Paine. James B2otYlght,
Obadiah GGthriEht, John D2nrhky, John
NJ Kim, William Bentley, Yeamans Smith
Garter BerFley, Jesse BoqvleS, lanes
Penn, Robert Gordon and Thomas Leguis.
Mr.. Hay addressed them in a short and
perspicuous speech, in which he explained
she nature OF the charges, exhibited in the
indictment, and intended to be supported
by the testimony.
He stated that the defendant stood char
ged witn misdemeanor committed in vio-
Iation OF an act Of Congress passed i'm the
year 1874, o.. y 5. 3 vol. p. Of {. 81 by
which il is enacted &" that if any person
"shali, within tho territory or Jurisdiction
GOT the UuitedStates, 6egiH, or set on foot,
" ar hroVide Or Hrchare the means far A.
say military cyrhediion or enferhrfzr n
"bc carried on, from thence, against the
"territory or dOminions Of any foreign
"prihCe or state with whom the United
- states are at peace, every such person.
$50 Offending, shall, upon conviction, be ad =
"judged guilty of IL high misdemeanor, and
"shaii suffer fine ard imprisonment at the
o." discretiOn IL The court in which the cen
"viction Shall be had so as that such fine
"ahall net exceed three thousand dollars,
"nor the term Of imprisonment be more
ethan three years"
He mentioned that the indictment, con-
JaiDcd seven counts The first charged the
defendant with SfsTTHiHf military cxpe-
uition against the dcminions Of the king of
Spain, (with whom the United States then
were and still are at peace,) on the 18Th
cay OF December, 1906, from Blannerhas.
sets island So the county Of Wood the Sc
r. "a nil IA ~ r.