The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-03-06


cafe. On enquiry from general wilkinfon, he
fsid "this territory would be revolutiOnzed where
the people were ready to join them, and that there
would be fome ieizipg, he fuppofrd, at New-Or-
leans"
II thefe words import that the government eftat-
ihed by the United States in any Of it's territories,
was to be revolutopized by force, although merely
as Rep to. mean of executing fome greater pro-
jeets the dsGgn was unqueitienaby trea(onabe. and
any saembage OF men for that purPofe would amount
TO evyng of war. But the import of the words
a difference Of opinion exiRs. Seine Of the Judges
uPPoie they refer to the territory agaip which the
expedition was intended, others that in which the
conversation was held. Some confder the words If
even applicable to territory Of the UAi,ed States,
aIluding to revolution to be eGeeled by the people
rather than by the party conducted by col Burr.
But whether this treslenable intention be really
mPutabe to the plan not it is admitted hat it mutt
have been carried into execution by open aTen-
Oage ct men Tor that Purpofc previous the area
OF the proner, IN order eou!umnate the crime as
TO him; ana majority Of the court i. of opinion tina,
the copverfation OF Mr.. Swartwcut affords no fufci-
en-. proof Of fueh ATTENDING.
The priioner tated tina, col. Burr with the fup-
port Of powerful aAooiation extending from New
York to New Orleans, levying an armed body Of
1000 men from, the Rate of New-York and the wef-
tern hates and territories with to carry iii ex-
petition to the Mexican territories"
That the afociaton, whatever may be its purpofe,
Is not treaon, has been already tatsd That l.vying
an army may or may not be treafon, and that this
depends on the intention with which it is levied and
on the point to which the parties have advanced has
been aiio Rated The mere emitting Of with
out attending them is rot levyipg war The eueiti-
on then Is, whether this evidence rrove. col Burr Il,
have advanced 10 far in levying an army as actually
| to have attended them.
It's argued that fnee it cannot be necefIarv ,ha,
| the whole 1000 men hsud have aiIemblcd' ths;r
commencing their march by detaehmert, to the plac.
OF rendezvous, mua be fufhcient to couNtute the
| crime.
This petition is eorrea, with fon,e qualification
1t cannot be nsceTary that the whole army hould AZ.
iemhs, and that the various part, which are 10
pole II mould have combined. But it is necefIarv
that there Mould be actual aIernblage, and there
lore the evidence hould make the faa unequivocal
Ihe travelling of individuals tn the place of rem.
devious would perhaps not be fut6een, This would
be an equvocal aa, and has no warlike appearance.
he meeting OF particular bodies Of men and their
marching from places of partial rendezvous. wouId
be fuch an aGembage
HE particular words ufed by Mr. Swar,wout ar.
mat col Burr was ieyying armed body of 1000
| men, Ii the term evying in this place imports that
they were attended, then luch faa would amount II
the intention be aganit the United States TO l.vv;ny
war 1t 1t barely imports that he was enIifinp or
/
mount to levying war.
IL is thought sufficiently apparen. that the latter i,
the ienie III which the term was uied. The fat9 Al.
udec to- II taken in the former fenfe is of nature IN
to force itfef upon the public view that if the
had then actually aembed either together or in d.,
taehments, Tome evidence of fuch afemblinp wop,d
| have been laid before the court
INC words usd by the prifoner in reference 10 fez
ing al New Orleans, and borrowing perhaps bv force
from the bank though indicating deGgn to rob. and
eonieqsently importing high offence, do not defiq
nate the iPeeifc crime Of evying war seanft the e.
| States. ~ -
It's therefore the opinion of a majority of the
court that in the cafe of Samuel Swartwou, there is
net iuineient evidence of his levying war sgain the
United statesto juitiiy his commitment on the eharg.
of treafon. ~
Agsaa Eriek BolInian there is fill lei. ,et,,,o,
Nothing has heen faid by him fupport the CHARGE
that the enterprfe in which he was ENGAGED had ,nv
other object than was ated in the letter Of col Rurr
Agant him, therefore, there is no evidence TO fun.
port charge of treafon.
NAT both the Priioners were engaged in noa
eniiaDie snterfrfze agap TIE dominons of a rovver
at peace with the United States tbofe ,ybo 49,, ~.
afndavit OF general Wilkinfsn eanno, doubt. But
tnat no part OF this crime committed in the dC
trid of Columbia, is apparent It is therefore the
unanimous opinion OF the court that thew cannon he
tried in this diHria, >N'' ~
Inc law read Oh the part Of the proleeution !. nm
deraood to apply only TO offence. eemmi,ted On n.
gn 'eas or IN any river, haven, baton or bay. no,
WITHIN the Juriidiction of any particular flate In
| tho's Gales there is court which la, parteul,r
eogmzsnce OF the Crime, and therefore the pla.. in
which the criminal hal be apprehended or. IF he h.
aPPrehended where no court has executive iurifdi6f
on that to which he ihall be fra brought, is fubfl
tuted Tor the place in which the offence was commit
| ted. 0''''''
But in this cafe, tribunal for the trial Of the NJ
renee wherever it may have been committed. had
peen provided by coagref,; and a, the place where
the Priloners were feized by the authority of tbe
commander IN chief, there exii.ed fuch tribunal II
would toe be extremely dangerous to fay, that be.
esule the Priioners were apprehended not by civil
HagntraSe' but by the military power, there could
be gwen by law argh try the perlons 70 fezed in
any place which the general might leeG. and To
which ne might direct them to be carried.
! The act Of Cougrefs which the prifonsr. are fun.
poied TO have violated, deferibes as offender, ,bo.e
who begin or iet oil foot, provide or prepare the
means tor any military expedition or enterprfe to be
carried on from thence sgsin0 the dominons of TO-
reign prince or eate with whom the United States are
at peace.
There is want Of preeiion in the defcript;on Of
| the offence which might produce fome difficulty in
deciding what cafes would come within il Bu, fev,
raj other qpeaons arfe which court oopf0;u- of
four judges sndsitfs unable to decide and therefore
as the crime with which the Prifoners hand charged
has not been committed, the court can only dir.a
them to be discharged. This is done with the LEI,