Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-02-13

From the National hteMgeneey.

The }ollopping IS the opinion deltversd
by Judge Fitzhugh on the commit.
msnt Of Messers. BOLLNAN and
( SJVARTW0Ul:, on a charge q trsa-
!. son.
MY extreme indispo.ition ha. pre-.
vented me from preparing any remarks IN
support of the opinion which am called
on TO give; but since II has been thoaght
preper. by the members Of the cour. to
assigs cur reasons fer the course which
has been pursued, | shall express those
sentiments which at present occur to me.
This question has brsn argued IS If It
we're now before jn,y whs were called on
to convict, or acqsis the prisoners, without
jrecnl!ecsing chat we ara at the stage where,
n he language Of The constitution probable
cause supported by oath or affidavit, is
sufficient. This remark is necessary 70 she W
.hat many Of the conclusions Of counsel are
Incorrect. In this ine;piert stare he evi.
dsnce is always tx par:e aod such as would
BE- mad missabie at the final rial. A war
rant goes forth to apprshend and after
! wards to commit, ca the suggestion Of an
individual, supported by oath thai crirse
has been committed. Tbs affidavit is
made in the absence of the supposed Of
fender, and no more certainty is required
than probable cause. By law y. S. vel.
Up. 100, there mast be the confession in
open court, on the testimony OF two wit
nesses to the same overt act 70 convict one
Of treason. Whereas probahls cause sup.
ported by oath or affirmation, will au.ho.
Use issuing warrant. 10 90 case Wi,e-
her civil or cYiminsi IS al affidavit evi
derce at .hc,rial; because taken in the
.bsrnce of the party agsins: wborn j, isIn
ended to operate and YET is has always
been considered as sufficient 10 Justify is.
suing warrant 10 arrest.
These inquiries obviously occur First
lis there probable cause to bsieye thal
any treason han been .com aaiifed agains,
the United States, and this supported by
GA or affirmation, &c. Second. Are
the prisoners Implicated in tbs treason
And third H7w. whe1her as princi pals, OF
only guilty Of misprison Of reason?
Thar there is probable casse 10 bslieve
hat treason has been commit,ed by COL
Burr, the public runner ADD universal a.
larm which seems to have convulsrd our
terrilsry ffsm the extremity to.,hs centre
the presidents eommunica'ioas to con-
gtess and to the court, afford at Eeas
ground Of suspicion. ard this is supported
BY the positive oaths Of general Eaton
general Wilkinson, Mr.. Dona!dson, Mr.
Meade and Mr. Wilson, all going to sheu
the origin, existence aud progress of Bury's
reasonabie psjccts and aets---But here
tie COUNSEL for the prisoners have nsiss
ed that nose of this mass Of evidence cri
inmates Bsrr, and have commended thas
the presidents communications are insd
aaissahle. Il is not generally by detach'
ed parts Of evidence, bat by vel. con.
necssd chain of circumstances that we
arrive a. proof; nor can crime be made
out By the proof Ct any solitary fact So
In charge of murder il would no. be
sufficient to shew thas q bluw was civ.
co fram which death aeasued ). but it is
necessary TO prove & disclose a particular
state of mind. There mus. be deliberate
resentment, or iliswill: There must be
malace propsnse. Soin treason, (,he case
now uader considerstion( 10 degree Of
violence, however atrocious, no eolsting
or nsrSning mea j; no injury ifllmi,ed ID
IFS objecr to personal riVslship, or gwen
extensive enough IN point Of locality 70
contemplate and III reaten the opposition
aad destruction of he laws or governmen.
OF any ons Of lhe IT, STATES will amount
70 TREASON against the U States. lis the
Intention alone which fixes the grade Of
the offence. This II, en,ion is only 10 be
collected trom circumstances, and though
she communications of the presidents do
not OF themselves furnish full evidence Of