The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-09-22
CoSTIN ED. |
Mr.. E7rt'J Sbsecb Continued.

Mr.. Nirt'J Speech Continued.
proceed to examine the genteman's {econd
point. II is this no farther evidence is admit
tble under this indictment, becaufe the fact
NUT be proved as laid and as the indictment
| charges the prifoner with levyiDg war on the IL
land where it is proven he was MOI, there is an
end Of the cafe ) no farther evidence can be
let in under this indictment.
Uader this head the gentleman began by
commenting on the omiifion of the word bu5Ne
in the indictment why did not the attorney
for the u. S. charge the prifoner with leyying
public quar-, iuGead of merely charging him
with levying war ) why was the word Public left
out z, and thea with countenance inlinuatpg
even more than his exFrelfion, he aiked, " whc-
ther the word pab!ie wss omitted to render the
indictment more paIatablc to the Grand Jurv %
The aniwer i. very fmple one the inditt-
! ment was drawn from an authentic copy of
the indictment in the cafe of Fries it is
an exact Transcript of that indictmel. with
mere change of nanes. There the word tubHe
10 not found. Nor is Il neceffary that it ihould
there be found. The indictment ruriues the
contribution and act of CoHgrefs AID transfers
from thofe inducements TerIaiin, the definition
of treafon. The contribution does not fay that
treaton iliall confft in levying bnLhe war againh
the U. States but implyia levying war againft
them. So alto is the aet Of Congrefs. An in
dctment Purfning that definition in exprefs
terms is certainly fufficient to all intents and
purpoies. The word bHbHe is furely of no i'm
portance. The gentleman, indeed, on the fe-
cond day OF his argument admitted that it was
OF no Importance and acknowledged his error
in laying, that this was the fri indictment
which had omitted it. He acknowledged that
in the fecond indictment Of Fries it was omit
ted. Ii was natural to have expected that the
gentleman, on this difcovery, would have re.
traeted the ungenerous infnuatiop that the word
had been Intentionally omitted in order to rem
der the indictment more palatable to the Grand
Jury. He thought proper, however, TO let the
iDtinuation remain where it wac. Be 60. The
attorney has the conioation that his purity is to
be eltimated by his country, and not by the
prifoner or HE council
But it Teens that the indictment charces 1.-THE
act to have been done with divers perfOns un-
known and we attempt to prove that it was
done with pcrions who were known. This is
an obie6liOn which had fuppofed the manlinefs
OF the geniIeman's understanding would have
rejected. lie thought proper, however, in the
dearih of other materials 20 urge it with his
wonted fpirit and TO attempt to fupport il by
authorities. lie does not pretend, indeed, that
any author elementary or practical, has ever
ailcrled that this " 1cce1a,y. He does not
pretend that any judge has ever declared it TO-
But he infers II from the Specification Of o.
Their names in fevera indictments during the
prote6loflhip of Oliver Cromwell. He cites
the cafes of Hewitt and Mordaunt. ] haze ex-
amiued thoie cafes. They are not indictments
for lesying war they charge the prifoners with
delivering military commifions TO fevera per-
fons, who are named, in behalf Of Charles the
III. Their efeuce, from the nature Of it, re-