The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-10-03

CeS the OSCISfdtlOn OF US opuNth.
"Treafoh Sgainf the United States fhall con-
fin only in levying war againit them, or in ad-
herring to their enemies giving them aid aud
comfort"
ITO conttitute that !peciEc crime for which
the 'prifcners now before the court have been
Committed, war mutt be actually levied agsintt
the United States. However Righteous may be
the crime of confpiring TO fuhSert 10y force the
government of cur country, fuch coni9'racy is
not treafcu. To ropfpire tn levy war, and ac-
tually to levy war, are diaintt offences. The
FRI muif he brought into operation ~ .le H6cn'-
Shage Of men for a tWpef frenjen"bis ~ 'lflF,
or the fact OF ieyyirg war 'nnot have been
CNmmii,eti."
Isthere any requilitou Of force here lsit !aid
that the conipiracy NUT We brought into opera
fiun by the afienblage Of mer for purpoic 'rea-
fcnable in ,flf and by deeds orce ard s'islnte,
CT the fact cfievying war cannot have teen COM
mi,ted ? No, Sir. it is TIE aGm6lage Of men for
q bu,hote trea/oaa6!e IN t)ff, winch a one is
declared fuiiicicnt 10 make the fact Of ievy'ng
war. "It is not the intention of the court to
fay that no individual can be guilty of this crime
who has no, appeared in arms againit his ccun
try. On the contrary, IF sv6r be actually 'e7icd,
that is, If a BODY Of msn be aF""i!y GDt"aIe4
for TIE bnrpoE If eft.IiEg " jerce, fre1,f2na-
BILE pxstoje, all thoic who perform any part,
however remote from the icene OF action, and
who are actually iessued in the genera! con-
fphacy, are to be confdered as traitors. Bot
there mult ne nY,,'si oGtnSi;ns # aen Jar tbc
heafen06ie purpoe. to corRuuie ieSIing or
war" Here force is mentioned; hut how is il
mentioned: merely as the ultimate purpofe nf
the sfTsmb,ase the means ~ which they in
tend to execute their treaionable dehgn, So in
the alemhlage on the iGand their ohje "a was the
feizure Of Orleans they intended 10 effect that
putpCfe by force there was then body of men
actually afembied and the purpoie which
brought them together and which they were go
ing to feet by force was a'rea'onable Purpoie
" To eomSieat the ciiGle of levyiug war apaintt
the UGitgd States there mutt be an actual aticm-
bIage OF men for the purpoie of executing a
trsafonabe deiigu." Here an actual afisr-
blage of men for he purpofe of executing a
treaforabe de6gn is declared TO complete the
crime Of levying war: not word Of force or
deeds of violence yet the crime is eomplefea.
The court pr,fefs to be cnumeraiing the iugre-
dents which taken together would make this
crime and conclude the enumeration by ftat-
ing that that would complete IT yet it is pre-
tended by the gentlemen on the other fdc that
the grca; ingredient of force and violence not
enumerated by the court is necetiary to its COM
P!etioD. :. In the cafe now before the court,
deiign to overturn the government of the u.
States in New Orleans by force, would have
been unqueitionably deiign which if carried !
into execution would have been treaion, and
the ahemblage of body of men far TIE PR
5oje Of carrying il into execution, would amount
to evying war againa the United States, but no
confpilacy for this Object, no enliaing of men
to effsa it, would be an actual iesyipe of war"
Here again the court declare tina, the aiiemhiaee
for the trrafonable purPoie wonld nn.oam
to levying war ; well, if that would amount to
lryYng war, it required nothing elft to make il
to osptl ,eril a M II
did require foInrthing e,ie, deeds of violence,
to mskl the anemblage an aGt Of levyins war,
or what is hoidrr ftili, that ihefe dseds OF
vioiepce were required by the opinion of that
court. In other words that while the court was
perprtualiy and uniformly fayng one thing,
they as uniformly meant totally diferen'
one,--Lyt MS Procrc6 with the opiu!oD. 81
this enterprise was againh MsXicc, it would a.
mount to a high mildemeanor if againt Any Of
the territories Of the United States, or If in its
progrcfs the fuhveriion of the government of
the United States, in any oftheir territories, was
mean clearly and necs fairly to be employed, |
if fuch mean formed fS,hanive part OF the
plan, the oGcmblage Of a body Of men 10 cl1e7 it
would be ieyying war againa the U. States"
g But whether this tresfonable intention be |
really impu'able to the plan or not, it is admit |
Ted That il muf have been carried into executi- |
on BY an tpsn a0smb age Of mm for that pur-
pole, previous 10 the arr,it Of the prioiier, in
order TO fonjlmnate the crime as 10 him and |
a maj 1rty OF the court is of opipion that the
eonveFiation of Mr. S.varwout afFordS no fluff |
silent proof of fuch alIembing."
We have bsen before told that the ahemblaEe
with the treaionabe intent w0u!!l amount 10 le- !
vyiN war, would e0mplsat the crime of !evying |
war, here in variant language but language e |
9ually as ftrorg if not ftrouger-we are told that
If The treafopabe intent is carried into exccut-
on, bow by deeds Of violence and force No =: |
but by an open ailemhlaee OF men for that trea. |
fonsl,'e purpole this crime is csp(.mmafeI; |
fdt Eat by fuch ailembiage the crime is in al
iucpient ftage not that it is advanciog 10 ma
iuriiy hut that it is contaminated. To remove |
all pofi0ity Of doubt, the court then begin to |
cohfler the fubjeet anaiytically. Z" The prifon-
or Gated that" 9 Col. Burr with tine fupport Of |
powsffu aGocdtion extending from New
York to New Orleans, was lcgyinE an armed |
body OF Z 900 mcnfroTI the Aate Of Eew-York |
and the weRern falts and territories, with a
view TO carry ar expedition 20 the Mexican ter
ritories."
q" ThatNhe snocial1n, whatever may he its
purt ole, is not treafon, has been already ha!ei.
1hat IeYying An army may or may no, be trea-
ION, and IT,. fhis depends Oh the intention with !
which it ia levied, and on tie point to- which
the parties have advanced, has been aifo Ga'ed.
The mere enlltng of men without ATTENDING
Ibem is not levyipg war. The qusHion then IS
whether this evidence proves Col. Bur- to have
ADVANCED g. far in lcvying an army as actually
10 haze Admitted IGg,a." Here again il ia clear
that Il ihe cafe has gone 70 lar a. that the men
have been attended, the crime ia The opinion of
tie ocurt is comp'eat. Proceeding with the