Note 50 — TENTH CONGRESS.—FIRST SESSION.

He had been tried at Richmond, Va., (Chief Justice Marshall presiding,) on two indictments—one, for high treason, in levying war against the United States; the other, for a misdemeanor in setting on foot, within the United States, a military expedition against a power with whom the United States were at peace, to wit, Spain; and had been acquitted on both trials, under instructions from the Court. First. That the acts proved under the treason indictment, did not amount to levying war against the United States. Second. That the military expedition against Spain was set on foot in Ohio, and not in Virginia, and therefore not triable in Virginia. Col. Burr was recognized to appear and answer to this charge in Ohio, but forfeited the recognizance, and the United States for many years.