Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-09-16
Griai uf eEarnn 25urr.
OPINION
OftEs Court, on hc zr2!i9t: 10 arrest TIE
evidence -defvcred on
MONDAY, August 81.
OPINION

evidence -deiivered on
MONDAY, August 81.
(Con!i1uei.
Aft"r stating the verbal communications
said TO nave oceh made by MIR. Swartwou'
to gen. Wilkinson, the court says "if these
words import that tie Sovcrnment OF New
Orlean was to be revCiutionized by force,
althoug'. merely as a step TO or mean or
exciting some greater projects, the design
was unqnrsiiomabiy reasonable, and any as
sembiage of men for that purpose would a.
mount to a icvying of war"
The words 80 any acscmblage ofmen"
construed 10 affirm that any two or three
of the conspirators who might be found to-
gether after this plan bad been formed,
would he the act Of ievying war, would
certainly DC mlSCGnstCued. The sense ct
the EXPIRE sSionS " any assemblagc of men"
is restricted by the words &C for this Iur
pose" Now could it be III the contemplate
Oil Of the court that body of men would
assemble for the purpose ofrevolutionizng
New-OrlcauS by furCt, who should not
themselves be i'm force
Aiter noticing some difference &C opinion
among The Judges respecting the import Of
the words sad 10 have been used by MIR.
.Swar,wout tie court proceeds to observe F.:
really imputdbic to The plan or not, it is
admitted that it must have been carried
into execution by an open assemblage for
that purpose, previous to the arrest OF the
prisoner, in order to cmsumuIate the crime
as to him
Could the court have conceived q" an O.
pen assembiage" g for the purpose of over
turning the government of New-Or.eans
by toice" toDe only equivalent 20 secret
furtive assembling without the appearance
OF force?
After quoting the words of Mr.. Swart.
won't, from the nffidavit; in which it was
stated that Mr.. Burr was levyiug an army
of. 600 men, and observing that the trea-
son to be inferred from these words would
depend on the intention with which it was
leyyed, and Oh tho progress which had been
made ia levying it, the court say " tho
question then is, whether dis evidence
proves col. Burr to have advanced so tai
in ievyiug an army as actually to have as
sem5led them"
Actually tu assemble on army Of 1900
men is urluestions y to phase those
who are 50 assembled IN u state OF open
force.
Blu. as the mode Of expression used in
this passage might be mlsConsrued 50 iai
as to count,nancc the opinion that It would
BE- necessary 10 assemble the whoSc army
in order TO constitute the fact of levying
way, tie court proceeds 20 say, " j. /,
argued that since il cannot be necessary
that tic whole 1,oCC men should be Assem-.
bled, their commencing hair march by dc.
tachments to the place &C rendezvous must
be sufficient % Constitute the crime
"Tnis position IS correct with some Qua.
lihcation Il cannot I've necessary Chat TIC
wnole army shcud assemble and that the
various parts which arc 10 compose II
should have combined. But it IS necessary
there should rg an actual asscmblagc; ant
therefore this evidence should make Tx
fact upequiyccai.
" The travel ing Of indiyiGuals to th,
place ofr.nde2v0U,, would perhaps not b.
suf.cieL;. This would be an equivOca
sst, s1d HAS 10 wariiiSe appearance. Th