The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-10-23

asthe eoriranres ri Mr.. S~atiwou', no, ,au,ho
rfsd ~ AFR. Rus-,
]. 30 a'rr circ.nita-ce osfor,e weight. that
Mr.. Burr's declarations ~ the month Of Cum
bertrand, fnrnih Grony reafons Tor (hr opinion
thai, he did not wifi thofe To whom he sddreH.
ed himf.lf 70 coclider the Ou1chi,a AS his re-,
ultimate Object. and :h- reference 20 further
information from their par;icular leaders would
naturally induce the exrrttstion. that withou,
any 0p-n avowal their minds would b Cratu-
ally conducted 10 ,he point - which their at
.eat was 20 be oataired. We End there were
rumours amoog them Of attacking Ba'oo Roure,
of attacking Other parts of the Spar'n, dom,ni-
ops, hut not ficgefion was heard OF honility
acarft the United States.
On comparing the ic0ir,ony ad,'u-, : by the
United States with itieif. this is otr.rvable
'Tha, which relates 70 tire lftn Indicates the e.
neal deFien, while that which relates to the
, miidemeanor points to the particular exDedisi-
on which vas actually commenced. Weirh-
ing the whole Of this tritimony, il appears -
me 20 prsPonderate in favor of the opinion, = I
the enterprise was really deGgneI againl aiex-
leo.
Bat there is frorg rcaEon TO fuppofe that the
cmharkdtion was 10 be made II New Ctlesns,
| aud this 1t Is iaid could not take place without
| iuhvcring for time tnr COVE nment of the ter.
n.
The iupreme court has .aid that to revolution
ice 4 territory by force. although merely as a
| tep To or a mean of executing Go.nc greater
| proieets, is treat'S. But An emba,ka,ion of
troops againIt foreign country may bs made
without rcv0lUtionZ'ng :he government of :he.
place, and without inbverting the legitimate au-
! thority. 1t is true that violence might pro',s
! lily .rSid!t from fuch an attempt and trcaGan
M ht 1T the conf quence of its execution hat
tbis trea!on would Arife Incidentally and would
not be the direct oi,Jcct FOR witch the men orr
! ginally atIc embed. This treafon would attach
ito thoe who committed it, but would not, 7
; am inclined to think, infect previous afTer1-
: biage convened for diitro purpofe II the
, object OF the ahembaee at The mouth of Cum
bcrland was to embark at New-Oflears fer the
/ purpoe of invading Mexico, the law relative { .
| that ahembla9e would he cfcntially different
! from what it might he If their direet otie6t was
! to iubvert the government Of New Orleans
! by force. If in proiecuiug their purpole at
New Orleans war !hould be levied, this would
ne treai1n at New Orleans when the fact was
committed, hut it could not | think be faid 10
/ De treafon by .evYing war IT the mouth of Cum
her!snd where the IA = was neither com united
nor Intended. 1t might he otherwift, If at the
mouth of Cumberland, the determination to
] iuhvert the government Of territory by fore ?,
had been formed.
! This opinion may be in Torne degree iliultra-
ted by the doctrine of the EngIiih books. Lee
| vying Of war is an overt act OF compatIing the
kings death. So is a conlpiracy to levy war,
! provided the confpiracy he direct againR the
! king or his government. Bat if it &c a confpi-
! racy 70 DO IN AT Of ccnaructiye trcafon, which
act, If done, would fuppor; an indictment for
computing the kings death, the couiDiracy
without the aGf will not fupport the indictment.
So in this cafe IL the object ne the embai kation
OF body of men 'Rainh foreign country, in
| the execution Of which war may or NAV rot be
levied, the faGt becomes neccaary to con.titute
the treafcn.
| 1t s alto circumfance Of couiiierai,le
weight with ne, that ;he proof exhibited by the
/ United States to eftab!h general detign to
| dime mber the union, applies only TO col Burr
and Mr. BIennerh aiiett. II is not proved 20
have been ever communicated even to TylSr
or Floyd. There ia not only failure to prove
that Iuch defgn was communicated TO or en-
| teriainId by the men who were attended at the
mouth OF CGmberlaud, but the contrary is in
fail evidence. The United States have adduc.
cd ieVerai witneiies belonging to that affemblage
who concur in declaring mat they heard TO.
thing, that they fugpc6ted nothing, aad that
they would have e%ecuied nothing hudile to
the u. States. This te!tHnory cannot be diff
regarded for it is uncontrolled and is offered
" l'iStSNuttilN' IlflW 'iiSh Gil tNlS atlCln-
| hlase be fIid to have !evict war ags;utt the u.
/ States?
Had Burr ard DieanerhaGctt conRituted thia
meeting, no man could nave conftrued II into
an act OF levying war, whatever might have
/ been their purpole. rheir being Joined by
Others having no hoale intentions aganf the
u. States, who were attached TO them wit h
other views, AM VINO would rot permit them
! feves 10 be employed in the execution OF f.lch
intentions, does not feem 20 me TO alter she cafe
I The reaion why men IN pofurc OF war may
be laid TO levy war before blow is nruck. is,
that they are ready TO itr;ke, ADD war coniifs
! in the various movements of a military force,
! as well as in a&uaI lighting. But thele men
! were not ready nor wiling to itrike, nor could
J their chief BE- ready TO fri.e witaout them.
He had YET TO prevail upon them to come into
i his meaiures. This is not a meeting tor the
purPoie OF executing formed defgn, but a
meeting for the purpcfe of forming deigu.
Il is therefore more in the nature of confpiracy
| than of actual war.
| Suppoie MIR. Burr bad 1T the mosth of Cum
6erland declared his object to be to iitze upon
! New Odeana and dilmembei tue Union aud
that upon This declaration, his men had u1ivrr.
! fatty abandoned him, could this have been de.
nominated an act CT levying ware FIVE forget
| tie contribution agd laws of our country, it we
iuppoie treafOn, Ike moral guit, to conftt in the
Intention AID t0at 1t may be legally evidenced
( by words declaring that intention, the anf.yei
To ths uaeition may be IN the affirmative but
IT 1t can coDGit only in an open deed OF evying
\ war. 4 confefs mVC.If unabi- tn cer,..;,, D. 80,