Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-02-02

s,isracs let an actual issylng Oh wa
y, ouIessrs rxcep, of CONVICTION ana
.uademnasion-
sir. Jones mentioned that his oesupa.
nass had net yet allowed him 70 Peius'e
M orrs,aea.'s. sgc--it bsiag fablisf'
- .aly that mornspg. lie could only
,,a,s lis gepsralimport from 'earsay, INC
message was at isnssh produced ana fsaa
by him to the court
" ior sn,rl ,udgs. doubted IN tbs hfss
La. whssnsr the sresidsnt's message dia
&c, announce las ieyyipg OF war Asd
g !, d,d. whether tbs court could pressed
,caunrr upon sach information,
,.,,boa, inlriDgiaS the sixth arslsss OF sne
.ndnrnts 10 ths constitution, "hlse u g.
a = mat no warrss.s shall issue, sus
80 probable cause, Supported by oath
q, agirmalion," &c.
" NJ Homes. The presidents message
doe ssislv import that there haa oeea an
a se,o,l Ievyirg Of var. He announces The
,',og on too. OF military expedition;
LIBERATION of warllke stores asd e.
s'';,men,s The actual assembisge OF from
1o1 - 500 of the dssperadoss sasa3ed n
the conspiracy, and their descent doWa
~. river towards the place OF their dessi-
lion. Above al, he announces that ne
hasc.l,sd forth the militia 10 suppress THIS
eo,e,nrize. and ordered them TO every III
,sr.s,;pg noipt on the Ohio and Mississlp
pi from giusbarg 10 New Orleans, tor
the purpoae of ssizing the boats and stores
aud arrssting the persons OF the sonspafa:
tnrs. For the same ob)eet the states OF
Kentucky aaa Onio have embedded asd
scat Oh, large de,achnan's OF heir aalli.ia.
There can scarcely be ease, shcrs OF iia-
u.snt MAR and actual battle. that combines
slssDger or more Numerous circumstances
essentially constituting state OF bell'ge
rsacy. The very fact OF the presidents
calling fsr,n The nill,ia for any purpose OF
domestic coercion, strongly implies thai
there is a. least levying OF var against
tie US. Hs is authorised by law 10 do
so 10 TWO CASES only. The frstis that OF
an actual insurreetion against any STATE
The second ofacsual opposisiooto me laws
by combinations 800 powerful 10 be sup
pressrd by the ordinary coarse of Judicial
proceedings. The last case may perhaps
extend TO Instances of opposition 10 The
laws. by combinations not usasoaabae io5
their nature, nor proceeding % he length
of ievying war sgainst the Us. Il msy
comprehend the case OF ~unlawiul Fssem
blies OF men, who yiolsnsiy fcsist md O.
veroear ;he due ceurse os4egai justice.
5us WAC fTe5a the nature OF sheis designs
an! ultimate ebieEt, axe ns further sriaai
nal than as riossrs and dissorbsFs OF tbs
peace. rs TO the degree CT the crime
committed by Burr and his associates, it is
either treason or no,aipg. The srcasona
ble in,eni is sufficiently demonstrated; ii
they have proceeded TO the execution OF
thar in,suf, they unques:ieoaoly have 10.
Cured the penalty Of treason. There can
be no pre,ence that they are merely COO,
bi0ation of rioters assembled TO o5strac'
the due execution of The laws. The acs
Of congress authorisiug the president &c
call forth ths militia, furnishes one import
an, principle applicable to this case. He
can only exercise thar power IN Gaze OF ac-
tuai insusrscsien, OF actual opposition.
No pic, or conspiracy aow nefalious, how
meuacing and dangerous soever, can au,
thorlse the eacasure, unlsas some overt
act Is done in execution of the design. SO
long as it remains mere unrxscu,ed pur-
pose; it it even nesacea the enormous
svdef destroying The union Of thesc ssascs,
or the sill more incapable crime Of over.
throwing our Republicans institutions aud
srsctiog is their stead monarshic form cf
government, or military de.rotism; I'LL
some overs actin execs,ioa ofAhe treason,
sole design is cemmitted till The issurrec-
aen is actually commenced, the paslie
safety must be een6drd to the civil re.
sualnts preventive remedies wishia The
Province Of the courts, where lhs soma,is.
SION OF treason, or in other words, the
. aasass..