Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-10-30

therefore more In the nature M conspiracy
than of actual war.
suppose Mr. Burr had at the mouth oil
! Cunberland declared MS object To De to
scil" upon New Orleans and dismember
the Union; anC; that.upon this declaration,
his men had universally abandoned hira-
could this have been denominated an act OF
levyins war? Il we forget the constitute
On and laws of our country, if we suppose
treason, like moral guilt, To consist in the
I'ntcntio! and that it may be legally eviden-
ced by words declaring that intention, the
answer to this question may nc in the tiir
native buc lf!t can consist only in an open
deed of levy'ng war, / confess myself una
Ole to perceive how such a proposition can
i3c construed into such deed.
The Case does not appear 10 me to be es-
isentiaiiy var cd by the circumstance. that
l,his design WAS not avowed, & that the men
followed col Burr with other views. Upon
general principles it appears to me, that
iunieSs some act he committed from which
n reasonable intent may be inferred, that
1.-The treaslnabie intent must be proved in
the assembllge, where that assemblage is
composed Of free agents, as wei as in the
iperson who convencs them, before tie law
considers war as being Actually levied.
This opinion is supposed To- be contrary
Essex s. Southampton. have examined
that case as reported in the state trials,
aud do not think il IN any respect contra
ldClOry II the ideas | have delivered
The design Of the Earl of Essex was to
force his way .lt0 the palace and u remove
certain c0unsei,ors from the Queen VIII
were his enemies, but ne intended no hur
to the person of the Queen For ta- pur.
lposc Of executing this design, ne assembled
L large body o. armed men al MS own US.
who continued embodied after beinEorder.
led by the proper authority to dsperAe,
and lie also entered the CITY OF Loadrn to
the purpose of raising the citizens IN ordei
further TO aid him IN the execution of h
lpaa. Several consultations had been pre-
vIonsly held, at which the Earl O. South
amptun assisted, aud it IS not aiGdged j.
the case thar he was not fully informed O
hese projects. He believed that no de
sign was entertained against the person o
the Queen and therefore that his acts were
not REASONABLE but IN the law he wa
mistaken In fact no particular design a
Sainst her person was entertained, and rs |
sex as little suspected as Southampton |
hat they were committing treason. lht
we're ignorant that the law pronounced
those facts To be treason, but they were |
neither ignorant otthe facts themselves nor |
Of the real intention with which those faces |
were committed.
In this case, the judges delivered their !
opinion Of the law on TWO points. TIE one !
''that IN csse wn-'e : sulj"ct at cmp.eth !
Joput hlmeetsiTt1 such strength as tho i rE
shall not DC able to resist him. and To force
add compel the King to govern Otherwise
than according tn hls own royal authority
and direction, it is manifest rebel on. -
The other, "thac in every rebellion the
law nterdeth as a con.equcnt tho COMPASS.
sing the death and deprivation OF the King,
aSf7resscipg that the rebel VIII yer SUI
fer that King to live Or reign who might
punish "r take revenge o. his treason or r.
bcllion.''
Under ;his law opinion of the Judges,
Essex and Southampton were conidem ned
and executed. The only difference between
I them WIS that the quarrel Was the quarrel
| OF Essex, and Southampton only adhered
! to him but lie adhered to him knowing
| what lie did and tue intention with which
/ ne &C ed
Believing then the weight Of testimony
| to be IN favor ct The opinion that the real
and direct object Of The tEDedition was
! Mexico, and inclining also to the opinion
I that in Law either acts of hostility and re-
sistance TO the gorcynmcnt, or q hostile IT.
ltenlio1 in the bOay a.sCmb. ed, is nccc. s nv
to convert meeting OF men with ordina-
~ appearances into oil act Ct lcvying var, il
would in my judgment be Improper IT, II.
Ito commit the accused on tue charge o
treason.
In is contcnded that they are not Gritty
i"f q misdemeanor. on one o. these grounds /:
! Either the Estates were actually NJ war
iw,,h Spain, or the expedition dependent or
war, and, in the event of peace. was e. ae
converted lRto a settlement on the Cuachi-
TIA.
Il is ailcdged that we were IT war with
Spain, because q Spanish army had eros
scd the Sabine and entered tie territory
ct the y. States.
That milton may be PIT into a state Of
ar'5y tucun !rivccai acgre ssiops o.. q hers
Without Any act o! Us own, is a lrgpositUr
which ] am no, Disposed TO con overt, 90;
II cannot conccde tins TO be su, u an act.
! The Gun Itt C 81 lined D, tn, y States zen
! their rccen; purchase cf Louisiana are con
,testso by apap. Now ife.rhe' nation takes
pos. esslou Of The contested territory IS rs
81 own. &c is 1n act which the opposite govern
d, lmcnt MAY ,lectto consider either as an act
Of war or Otherwise, and only tic gov, 800.
n meat car make that election. No c.tizrr
e. is st liberty 10 make it, Of to anl cipaje hi'
b. ignr"ruWCn-.
ri Bu5 10 is allcgcd that war IL NO, absolute
s. lly ma,s, appeared to he inevitable, au(
, ! thgt '.c prosecution of the expedition de
appended on rs taking ace. That The pro
lgslii..t. gl v3r KS Great. may lc admit