The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-10-23

at which the Earl OF sor'han2,cr ,a;e,i ~
i'is not alleged in the cafe that he was n,,; il. ~
informed of thefe projects. He believed ,hst
no dehgn was entertained againft the r-rf,,r cf
the Queen and therefore that his acts were not
treaonaoe; out IN the lay he was rniaaker.
In fact no particular defsn aganft her perfon
vas entertained, and EiIex rs li,tle1nrpetted IA
southampton that they were committing ,rea-
t"n. They were ignorant that the law --o.
nonnced thotc facts 20 be trssion, but thev were
neither ignorant of The facts the mlelvrs nor of
ne real intention with which thole facts wer-
committed.
In this cafe, the indies deferred their opinion
OF the law on two points. The one tha, !,
cafe where A ihhjeet attempteth to put himttif
into fuch itreugth as the King ihal not be as,s
70 reGh him, and to force and compel the king
70 govern o,herwi'e than according to his own
royal authority and direction, it is manfeR re-
heI'ion" The other, " thu. in every rebellion
ne law intendeth as conf guent The compal.
hng the death and deprivation of>,he king, as
toreiee'ns that the rebel will never iuffer ,hse
king to live or reign who might puniih or take
revenge of his t,eafrn or rebelion.'
Under this law ooiHion of the Julcss, Eirtx
and Southampton w"rc condemned and rx-cu,.
ed. The oGly difference between them was
that the qn1rrel was the quarrel of Elk. and
Southampton or,y adhered 10 him +; hn, n,
adhered 10 him kfi.ss ing what he did and n.
Intention with which he at;ed
Believing then the weight Of tenironv 70 he
IN favor Of the opinion that the r,aiaai ,li,r.9
ohlsct of the expedition was Mexico and W.
cnng a'f, 70 the opinion tiat in law either a,4s
ot hofiIitv AID reiiitancc 10 the government. or
bottle intention in the body aiTrmbeL. /, ne
cchAry To convert meetiNR of men with crdi-
nary appearances Into an aet OF lsvyirg war,
It would in my Judgment be ir>oroaer In me 20
NJ Ilpt he ,.i,, &c
II is contsnded tha, they are not guilty. of \
miidsmeanor. or one of thsf. grounds. Ethrr
the United STATES were actually At var with
Spain, or the expedition was dependent on war.
and, in the event Of peace, was to be convert
90 into tcttlement on the Cnaphita.
Ii is alleged thar We were al war with Saai,,
hecauie 5panih army had cr, Red the SaSin.
and entered the terrty Of the U6ited States.
That nation may he put .n,o cate of war
by the uneqnvocai aggreiNons Of Others VT.
ont any a6t OF rs own, is proposition which
an not dtHoied tn controvSrt, bpt ca.not
concerle this TO be fuch 81 at. The boundaries
claimed by the Il. States to their recen, Dur
chaie of LouiHsna are con,eRed hy Ssa;-,
Now If either nation takes poli-hinn OF the con-
tctted territory as Us own, il is an g which The
oppofte government may cll.9 To cona,irc
either as an ACT of war or oth-rwiie, and only
the government can make that ee9ion. M
''S'S' " AT w tiIdSS u O! 10 3NUClDatS
his government.
But it is alleged that war If not arGnlutely
male, appeared to BE inevitable, and thar The
profrcutioa CT the expedition depended ON ~
taking place. That the probability ct r.ar was
great, may be admitted and this nav sxten,i-
ate the offence, but it fjl rernains an offence
which is pnnifahle Ivy law. If III: expedition
was really eyeHtnai, ADD was not to ta.r place
| in time or peace, th5n certainly proportions
might hr made for It without infractng any
law: bu' this is ftf proper fnr the oxc'ufiy,.
confederation of ju'y, and | i'Gii mike no
comment upon ii witch rriyht, the one yyav or
the other, influence their Judgement.
! fIat! commit A. Burr and Hecnar B,enner-
haa-tt, for preparing and providing tue means
for military expedition agljnG the terr,-ar.e.
Of a foreign Prince, with whom the u. States
were at peace. II thofe whole province and
du'y it is TO profecnte off ndecs agaaR the laws
of the U States, GlalI be OF opinion. that a crioie
Of deeper die hasheen Committed, It is al thrir
choice to a9 in conformity with that opinion.
! ilrae Smith is not proved 10 have provided
or prepared any means whatever, and therefore
! ihali not commit him. If he has realty oasna-
ed aesinft the laws, he may Ee prcE,..u'tI fur
the treafonin Kentucky, or Tor the uifden.ean-
or in his own Rate, where, if any Vher,, his of-
I fence has been committed.