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

" IL rs, there lore, the opinion or m3lotily
Of the court, that in the cafe of Samuel Swai,-
won't, there is not fuf'icient evidence of his lc-
vying war againft the United States to iunfy
his commitment OH the charge Of trcafon -
After this language fo clear anl unequivocai,
| ihould feel that was infuiting the underftand-
lug of the court. If were to prefs the enquiry
whether deeds of violeuce are neceifs,ry to- con-
ftitute the treafon of tevyng war againtt the u.
States. So far from deeds Of violence the court
does not even require the alc'nblage OF the
whole force; but expressly declare that the
mere ns0r1kinG Of islioidrah from n nIzce o.
partial 70 p!.1ee of general rtade&g,oa; is Sue3
ar aDcw6L1ge az would amount To levving war.
Our court IN this caf, has clearly n,aiitae,' the
line Of demarcaiion acknowledged by the i}ri-
.iih courts between the Bsiuu iez'Gf,.,u aud the
Beilum fereyDitn.
/ Does rssion, tir, Sny more than law, require
that You ihould wait until the blow he fruck
III 10, adieu 10 the law of trcafon and TO the
chance ot punii:ment. The aipirug traitor
has only to lay his plan, allrmbe his forces, and
itrEc no blow til. he is in fuch power 80, to
defy rehitance. Then what becomes of your
conilitution, your law of Congrcfs or your
courts he laughs them to fcorn.
But where can be the neceiiity of waiting for
actual violence The overt act is only rcQmir-
ed rs proof of the fecret intention now, al.
though it is true, as Mr.. Lee fays, that hard
knocks are things all feel, yet it is equal
~ true, that al atemhaec of men is an ob-
Jerf we can all Ice ; true i; is, rs the gentleman
lays, that fmaiI arms and cannons may be heard !;
10 may the diicloiure of treafonahe plot AT
leaf, the overt SGt.which they require is but an
appeal to The human i-nfes and the overt aH
which we have proven is equally satisfactory to
them.
But Mr Randolph lines to know if enIin
ing be not enough, where you will draw the
line fhort of force the sniwer is obvious al.
TIE a0fnablage; where the courts of England
and the higheh court Of this country have con.
Cured in drawing it.
Mr.. W,ckha n, indeed. complains that
If you f0P fhort of actual force, you take away
the loens peni:enlir. fay it you do not itop
Mort of 1t, you take away the motive of repen-
tance; for you offer the traitor victory and tri-
umPh and 1t ia not in their arms that we are 10
expect from him repentance. But was there, Cir,
no opportunity for repentance in this cafe |?
We !ha.I prove that the priioner was for more
than year breeding over this ,reafon. The ruin
< defolatfon which he was about to bring upon
this country mutt have been often before him
IT all love of his country were 70 far extinyuiih-
ed IN his breaft that he would not forbear IF
The downfall OF liberty and the horrors of civil
war gave no pang of remorie TO his boiom, why
for his own fake did he not repet? WHY did
he not remember the treaion of CRfar and the
dagger OF Brutus! Why did he not rem, mber
Cromwell, as bold and daring as himfrlf, and
the mferahle effects of his iuccefsfu uiirpati-
,on ; the terrors that haunted AID fcourged him
day and night, and baited him even amidR the
iplendor OF palace. CGfar and Cromwell, he
did remember /; not TO deteit and to repent
but 20 envy, to admire apd to emulate. Such
is the kind of remorle which. he felt at the idea
of drenching his country in &sd and fubltitut-
ing deiPotitm foi liberty iuth the very pro-
nihng dltpoiition and temper for repentance
which alone he manifeited.
Sir, it IS clear that neither reafon nor law re-
.qure actual war, the be!lum tereu0iui, in order
to make levyiag of war.
Bat Mr.. Wickham tells US, that if o9Rai
farce be not neceiiary, potential fora, at leaf is
necchdry aud by potential force he means in
timida,ion. To initrste his meaning Till more
dihiDtt'y, he puts this cafe (: fuypofr body of
men aticmble IN the country ia great numbers
and move into this town for the purpofe OF at
lacking the capitol and feizing the public arms
the people OF the town intincated by them,
tand aloof and make no relilance; this, fays
he, lie potential force.
To this requiIition Ihave two anfwers
Fuit, that neither the law of England nor the
fuPreme court of this country require any fuch
thing. need not repeat the authorities Upon
this iuhjet. The pafages which have recent.
" read from the deciiion Of the Guprerc court
are freih upon your memory !; and you know
that they do not even fquint at any fuch idea
but repeatedly declare the crime to be eonatlca-
red aud eoIjiln-matea by the bare aiIembiage
fora treaionabe purpoir.
Ny fecond anfwer 10 this reuuiii,ion of DO
tentia! force is this that if it be necsR ary, and
If underftand what is meant by it, it does ex-
III i'll the cafe at bar. Let us examine what is
meant hy potential force. In the cafe put by
the gentleman of 4 multitude marching to at
tack the capitol and the people of the town
Handing Off apprehension and alarm what
IS the force which operates? not hard knocks,
confehedly ; but the excitement of fear and
apprehension. SupPoie, however, that the
town people infead of being frightened into
iubniiiion, tad been exsited by apprt hcniors
for their capital and thcmfelves 10 take arms in
their defence the fame affection of the mind
would till be in operation, although in a differ
cnt degree ; it would fill be apprehension for
their fifety, which would urge them to their
defence in this cafe the approaching BODY,
although not fucceisful, has had its eflcSt it
has compelled the town TO arm in oppoGiion to
II would not thi3 be completely tue exertion
OF poicntia! force would not the town have
been forced to its defence and as the force
which produced that effect was net 0lTu7I, mutt
1t not have been Potenfiai? Suppole in this
cafe, the town tEus compelled to arm in its de-
fence ihoulh march out 10 meet the approach
ing body; fhould rout them, without blow
on either fde, and ihou'd frize and deItroy
their baggage Wagons: I ak whether this ap-
preaching body, formed Of citiz.ns, would not
be traitors! Ny reaIon and jnd, meDt tell me
Ffrrr.. af,..,, H.. 81