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

4 Ochont " TAG Padld u"uN. Ssss''s gsrg., s
mon sense Of mankind, and applicable TO
the purposes Of practicalutlilsy. Hscouid
/ derive little aid from the learning sXiant
on the subject, bat mustrely upoa soG1e
unezamined Impressions and recoIlsc!ioas
] tFem general reading.
The fact TO be asccrsained in the first
| place, is he reasonable intent. Ihe evi-
/ dence is conclusive to thar point, for al.
] though the conq1es. of tho Spanish pro.
! vince of MEXICO sayowed as the Ultimate
object Of the enterpsize, yet the seizure
and plumber of New Orleans, as al inser-
mediate step for Supplying the naeans Of
accomplishing that object, is as explicitly
avowed. The only active participation
of ths treason. in which the two enaissa.
ries Bellman and Swartoas appear to have
been clearly detected at New G.leaas, is
an Infamous aud aborsive attempt upon
the honor AMI fidelity Of the commander
/ in chief. This, however criminal, may
be said to be, in itself, no overt act of
treason, no legyingc CT war against the Y.
S. Agreed; il is not necessary &c con.
tend otherwise in order TO shew tha. The
prisoners should be arrested and commit
ed as traitors. It is clear from tas evi.
dence that they are leagned and csafeds.
rated IN his atsocious projects, With Aaron
Burr, the notorious head and leader Of The
conspirato.s. They are active and ac-
knowlsdged agents and par.icipa.ors IL the
plot. Then suppose they gre detached,
from the main body, TO execute, az New
Orleans, quiet and noiseicss scheme OF
.reachery and Corruption; suppose them
TO be personally engaged in no a,tetapt Of
open violence; yer, While .key are thas
employed, their contedera,es ssscFabedln
arms, some hundred ,slcs higher Up the
Mississippi, a, Naschez, CT Gu The hanks
OF the Ohio near Marietta commit clear
act Of treason by lssying war against the
Z. S. in The s,ric3ess sense Of lie phrase.
Gould !. be doubted that the spies and c.
missaries eEP loyed q. 4 distance tron the
scene OF action, howevs. secre: ard 5!ood.
less the immediate object Of their mission,
1t il be. parl.e7sculive OF the sae,e .rea-
sonable plot, would be- Involved in the
gull. CT their oanfcderafes? The question
Is nos 10 what degree the mere insulated
&C. Of attempting TO ssduce high military
commander froaa the allegiance Of honor &
the ade!ity of patriotism, is criminal or
punishable bui what lsnglhs have their
known coutedera,es proceeded in the co.
ezeeu3icn, BY more oyertacts OF ;hs same
reasonable conspiracy
The constitutional definition OF treason
should net bs constructed TO restrict that
c{fe1ce 10 cases onIy-of actual vioiencs or
assasls. The scsn.s "levying war" have
been lang na=d:a Z E.orc cSicusivs sense
beth in common parlanee AID II the Ian
guag ct inri..s. l'ae words Of the En-.
giish ssstats 81 Ed. 5. are literally adopted
Ia sur constitution. The aaess end nsss
impartial com Il ensatoss uPsa tbs: ssafsss,
the nloss approved jaTia!s vine have writ
ten uson tha law Of aatioas, "a explaining
what asts-cf the subject against she soss-
reign, or wha, acts Of Gus ssYeEelgo agsrss
another, constituted actuI lssyiag st
war, have never csps;ae.sS lbs sack OF
battle, the cnsoun:er Of armies, or The ia
terehasgs Of blows to he Indispensable or
essential. War esay be lzgied in se rs-
seiysa sanss ossas terra. sod Rst blow ss
stSask, nos a;swn Be Invested, sor an zach
OF territory iavsded asr asurpsd. VIVA.
shall constitute lsvyins Of var ssPsads
upon So rAaay aud snch vssieus facts srd
circumstances, THAI it would be 10 vain
TO aseempt aa snuners.ieu OF every sup.
psssabic case. 1t sssE.s never TO have
been questioned aeweyer, thar sueh uae.
quiysssl acts "a the eslissisg Of soldiers,
appsinsiag elFicsrs, preparing military
esaipmssts, wsrIlke stores sad provisions
Ter tbs ssseashline in eon.ide:ab!e num.
bers 10 warlike array ar@aed With military
weapons for aosti!s parpose, constituted
q ievying of war in fact. IL is eug;sieas
If thew present Yklt is termed the. sbecien