Hay, and that he should cheerfully assent, with the
condition only that he (Burr) should also send interrogatories, to be
put to the same witnesses, the better to extract the _'whole truth.'_
"The court said that it certainly could not be permitted to Mr. Hay to
send interrogatories, being against usage and reason; but as Mr. Burr
had assented, there seemed to be no objection that both parties should
send in interrogatories; and such permission was granted, whereupon
Mr. Hay withdrew his motion."
"June 24, 1807.
"While we were engaged to-day in the argument of the question for an
attachment against Wilkinson, the grand jury came into court with
bills against Blennerhassett and myself for treason and misdemeanour.
Two bills against each of us. These indictments for treason are
founded on the following allegations: that Colonel Tyler, with twenty
or thirty men, stopped at Blennerhassett's Island on their way down
the Ohio; that though these men were not armed, and had no military
array or organization, and though they did neither use force nor
threaten it, yet, having set out with a view of taking temporary
possession of New-Orleans on their way to Mexico, that such intent was
treasonable, and therefore a war was levied on Blennerhassett's Island
by _construction_; and that, though Colonel Burr was then at Frankfort
on his way to Tennessee, yet, having advised the measure, he was, _by
construction of law_, present at the island, and levied war there.
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