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

,et me remind you Of an obftrva.ion of Mr..
hSndo!ph's, equally elegant and true 4" an G.
lefHenfaty principle retailing from the circur,-
nanees al particular cafe and to be found IN
> tna' Jingle cafe on fl,ouId never he applied
tNcrpt tn Cafe parallel in its circumit ancrs' %
Morning can DE mere jut than this remark 4;
and 1t is by violating the rule which il contains.
that 10 much airing, 10 much irreconciiahIr
di'cord, 10 much Babyonion confoiioD is iren
20 eS'o srnnng our cafes. With this remark
'et us come to the tiial of Fries. What was
the circumstances Of that cafe? There had
~eh actual violence; II was alto diforgauized
ana Giiorderly riot aud the reafonipg of the B,i-
tiih Gales applied to its oharatter. But as there
mao been violence in that cafe and the Judge in
Charging the jury was giving defcription OF
i'Fealon adapted TO the cafe at bar what was
more natural than for hin, TO introduce that
feature CT the cafe into his deicripton. II will
| DC round that Judge Chaie conGders the cafe Of
fr'es rs rot and reafons upon it in that point
or view, applying to it all the Engiiil doctrine
| or riot, whsre violence as before emsrked, is
| the only evidence of treafouabe intent. But H.
each di3mm of the Judge in delivering that
charge is TO he confdered as an abarae truth,
1t ~ii be eafy to find in that charge the cleared
indications OF his opinion tina, violence is not
Heceiary. Thus in page 1916 50 |, ia the opini-
OH ut the court that any r!urre6tion or riling
OF any body of people within the United States,
70 attain or effect by force or violence any OBJ
J'ct OF great public nature or of public and
general Tor nationaD concern, is a evying OF
war aga'nt The u. S. within the contemplation
ana c"nitruttlon Of the connituton." Here II
IS nor the 07Ha! 2'fainm.ni oj!bs c6jsa, ~ z,:o.
iencr which 10 dc clared TO con;tutc the treaion
II ~ the rihngJor tbgt pW.62E and in this fup,
p1ied cafe nothing is found but the sffen,blage
ana the trca'onabie purpoGe or intent. In the
iuccseding paragraph he repeats the fame OPT
mon In the next he declares military wea-
pon>s nhnecefiry: Then proceeds with the
'hnf particular doctrines of riots as that the
purp0ie mutt be general III universal not PR
va'e ar perionaI. Tie intention he fays is the
trne criterion OF the offence. Next Gomez pa
rdgrdph which has been much relied on
q" Ihe court are Of opinion that if a body of
people conplre and nledtatc an nfirrettion to
rsil't or oPpotc the execution of any itatute of
I've United States by force, that they are only
guilty or high miidemeanor hut if they pro-
eeed T." carry iuch intention into execution by
j"ref, that they are guilty of the treafon of ie-
Ny'hs war and the qI2nfUrl of the force en-
pioy5d neither lrifens nor increafts the crime:
whether by one hundred or one thoufaud per-
ions is wholly iminatsIa." ] undertand the
WORD farce here, 10 be ufed in its fgurstivc
iehie that 1t is ufed as contracted with the
confp'rscy or meditation OF the trearon that
it's uied TO fsnify the body aflembled for the
PurPoie OF Carrying that confpracy into effect
hencedt is, that in the concluding member of
the paragraph, he fpsaks of the numbe 70 af.
remoit@ or what lie calls tie guautum of tbs
force, declaring it 10 be nmateriaI whether by
one hundred or one thoufand. In the next pa
ragraPh he maintains the fame idea, concluding
that paragraph with thefe words, BIT n Is
Altogether i'nnnateriai avbetber the force RED Il
iH5feieHt 10 c1eiTlaie the oIjslf any force con-
tell on. +EeJy
Of Le7,g.AS zYar. He proceeds 10 rate that his
opinion is in iubfancc the fame with the OPT
mon OF the circuit coursin 1875 in the cafe VII
col and Mitchell. Now in the cafe of Vigol
Dali. S47. The court give abiolutc opni-
on the opinion is rigidly confined to the cir
cumltances of that cafe, in which the Judge
tates, there were acts of violence aud devafta.
ton. But in the cafe of Mitchell, ID $50.
The Judge, Pitterfon, commenting on the cir
cum!tancc of lis not being futhcently proven
that the prifuner was at general NevI's houie,
where the violence was ulsd, fpeaks thus -
" He's proved by competent number of wits
neifes TO have been at Couches Fort. Al Cou-
ches Fort the confpiracy was formed for attack
ING General Neviifs hou!e, and the pFifoner was
actually paiild on the march thither. Now<sn
foiter 2l3, the very act of marching is conf
ueIeI as carrying The traiterOus intent into eff
tett !; lii iuhiequgnt part Of his opinion fpeall-
l'S vi tiS COilpiCuOu5 HSOTe WHICH tue pTliOn-
or had made, the judge ufcs theie explicit words
g His attendance armed at Brsddocks field
would Of ifLf amount to tresfUn, if bis dsnzu
was treafonabIe." So that if Judge Chafe's
opinion be, as he profeffts, Eu6Gantially the
fame with this of Judge PAtterfon's, then a'deed
OF violence is not neceiIary, but the siIe n1bly
and treafonable intent are enough. Judge Chafs
| iums up his opinion in thefe words. I" n from
| a careful examination Of the evidence, YOU fflalI
be convinced thAs the real Object and intent OF
the people aHlmbird at Bethlehem was of a
public nature (Which it certainly was if they
Attended with intent 10 prevent the execution
! of both uf the aforementioned acts OF cougref4
or either Of them) it mult then be proved to
| your fltisfa6ton that the pdfoner at he bar in
cited. Encouraged, provided, or alfred 10 the
inrnrreGtion or riiirg ofthe people NJ Bethlehem,
and the terror they carried vita them, with in
tent to oppefc and prevent by means Of intini-
! dation aud violence the execution of both the
above mentioned acts of congrels or either Of
them and thar fome force was uled by fome
Of ibe people ATTEMPTED at Bethlehem" Bnt for
theie concluding words the opinion of the Judge
would have refulted merely in requiring what
Mr.. Wickham cas!s 5ateHiiai force the lat
words may well be accounted for from the par
ticular circumRa1ce OF this cafe ia which there
was actual violence and Will venture TO af-
firm that ii is the only cafe in which deed of
violence ever was declared necefT4ry when the
allemblage and the treafOnable intent could both