Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-10-27

shall therefore consider this motion az :
# no vetdict had been rendered Tor either
of the parties.
Both charges arc supported by the same
transaction and the same TESTIMONY. The
aSsemblage at the mouth OF Cumberland is
considered as AN act of icvying war against
the United States, and rs a military arma-
mcnt collected tor the invasion of a neigh
boring power with whom the United States
were al peace.
From the evidence which details that
Uansaction 1t appears, that from sixty to
one hundred men who were collected from
the upper parts of the Ohio under the di-
rcction OF Iyier and Floyd, had descended
the river and reached the mouth of Cum.
berland about the 25th of December, 1906
The next day they went ON shore, and for
med line, represented by some as some
what circular, to receive Col Burr, who
was introduced to them, and who said that
lie had intended to impart something to
them, or that he had intended TO communi-
cate TO them his views, but that reasons of
his own had induced him to postpone this
communication or, rs others say, that
there were then too many byeStanders to
admit of Il communication of his objects.
The men assembled at the mouth of Cum
bertrand appear to have considered col. Burr
rs their chief. Whatever might be the
point towards which they were moving.
they seem to have looked upon him as their
conductor.
They demeaned themselves in Deace-
able and orderly manner. No act of vio-
! lence was committed, nor was any outrage
on the laws praCtised. There was no act
! ot disobedIence to the civil authority, nor
were there any military appearances.
| There were some arms and some boxes
which might or might nos contain arms.
| There were also some Implements OF hus-
bandry, but they were purchased at the
| place These men assembled under con-
tracts 20 settle tract OF country on the
Red River Nohostlc objects were avow
ed; and, after continuing a day or two on
an island in the mouth of the river, the
party proceeded down the Ohio.
There are some circumstances in this
transaction, which are calculated to excite
attention and to awaken suspicion. If the
exclusive object those who composed this
meeting was to settle lands, it would natu
rally form the subject of public conversati-
on, and there woHld most probably have
been no impeachment to 4 free communica-
ton respecting it. The course of the hu-
man mind would naturally lead to such COM
munications. The silence observed bv the
leaders on this subject, connected with
| hints OF ultcrior views, seems calculated to
impress on the minds of the peoDle them
selves, that some other project was con-
templated, and was probably designed to
make that impression.
That the men should have been armed
with rifles was to be expected, had their
single object been TO plant themselves in
the Ouachitta bur the musket and bayo-
net are perhaps not the species of arms
which are most usually found in our from.
tier settlements: Nor were the individu-
ais, who were assembled, of that descriDti-
on OF persons who would most naturally be
employed tor such purpose. The engage
ment tor SIX months too is stipulation for
which it is difficult to account upon the
principle, that a settlement of lands was
the sole or principal object in contemplate
on.
These arc circumstances which excite
suspicion. How far they may be account
cd for by saying, that Interior eventual OBJ
jects were entertained, and that the event
on which those objects depended wassbe
lieved to be certain or nearly certain, /
need not determine but can scarcely
suppose it possible that it would be con-
tended by any person, that the transac tons
at the mouth OF Cumberland do, in them
selves, amount to on act of levying war
| There was neither an act of hostility com
mittcd, nor amy intention to commit such
act avowcd.
Very early in the proceedings which pre-
coded this motion, declared the opinion
that war might be levied without a battle.
OF the actual application offorce to the OBJ
Ject on which it was dcs gned to act; that
a body OF men assembled for the purpose OF
war, and being in posture of war, do lew
war; and from that opinion have GER
tainiy felt TO dispost on to recede. Bu,
the intention is Az Indispensable ingrcdi.
ent ia the composition of the fact and II
war may be levied without striking a blow.
the intention to strike must be plainly pro.
| we'd.
(Re0luindcr in our merit. J