The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-09-16

oil either preientng one fde the portrait of the
chiei nagitraie OF tree feop's enjoying The a,roa
unanimous efteem and admiration OF his counrymrn
ieeured by the wi'ioni and excellence OF lis admni
i;ra;r'n and having nothing dead from co.npe,i,-
an or rvs,,rip; and the other, thaS al man. ci
great abilities indeed bs, void of potcsl int,
who BY his irtrguts had totally Ion all popularity
and fallen 70 low that he could rife again. He
then aiSed, whether more danger ne appre-
hended that iueh exalted ehsrs5 Ger would waSton.
y and needieisly oppres nne 70 fallen thar man
in the deperate circumstances OF the latter would at
tsniTt treslcnabe machnations aganl the former y
IL itch cafe, there could be motive for cruelty
This imaginary DANCE. of opPreion die and ne
yer can exiit Ia this country
The contribution of the Uni,ed State. was not in
tended To puniih any nnocert perfoa; but j, ought
to be conRrued 10 preferve itilf from deAruc-
'ipn and to prevent the guilty. from sfeaPirg Yet,
according this doctrine the p,ineiea! offender 20
be eontdered as an oeeGs,y; and bscau'e the eonlr
tuition and act OF COngres fay nothing about aee6ori
Is, the principal is TO ecape punhment altogether.
Mr.. MsRae made many obfervations to Aew that
the plain words of the contution fairly nterpreted
according to- the rules prefcribed by that common
fenfe, which appeals had 20 often been made never
could mean, that be who the aa:bcr Of tveafon-
able plot-who entitled and commanded men {; fur
nhed vsney, provifoat Gra aud all elfe necsnAry
the exeeii7a of the plot which had Tor its principal
oSjc b.: egcraH5t,zfrf could be regarded as mere
az TRY. For the purpo!e of proving too the COIN
cidence betweeniuch esssaoa e interpretations of
conlt;tion, and EaereJ authority which ali will
rc!Pea; MrENeRde referred TO paaage iii Foa.
500 in which certain examples were quoted from
| iacred Hihcry, flew that, according to the
iecifon of ,he Supreme Beng himfelf, the perfon
who advfss procures crime to be committed is
emphatical!y conidered the perpetrator. In rela
ton the laws of England, he Admitted that :here
leen,ed in the authorities cited the oher ide
be diNin6ticn between the cafe OF accefiory and
principal but the great point in dipute, iaid he, is
whether the prifoner is aeetScyy principal To
fhew that in fe,onies, perions per-
onay p,ssxf, may be 70 III the fenfe Of the law and
therefore, may be pyineieaks in the crime he cited
Folt. $50, 35f, Hale 4S9. Fo1. $40, and $50,
where it is dated be Efficient for individual who
is ablent, TO be Of the fame party, and upon the
fame purfuit with thole who are rreent; content
ing the fame deign and having the fame expee-
tation of mutual defence and fuPport This doctrine
applied cafes of trcafon land the council for the
priloner had commended thar the law relating to Prin
cpals and aseoyii in common felonies, and in trea-
| ION was the iant) Mr.. McRae regarded as conelu-
five. To prove that this alto the law in the u.
| States, whether the common law of England was
was nor, in any degree in force here Mr. McRae
referred to Dallas s55, $50, and to the opinion of
the fupreme OF the United States in the cafe OF
B9ivan and S4vayizvout i'll which the doctrine is lac
down that " all thoie who perform any part however
minute, and however remote from the icene Of ac
ton, and who are actually leagued in the general
corfpiracy, are principal traitors. This part OF
the opinion, he obferved was ex,rajudcial but
related immediately to the point which in
troverly, in that cafe aud appears te have been
formed and pronounced with great deliberation for
in different apes, the fame lenment is ieverai times
| repeated
| 1t is unneceGary now, faid MFR. MeRae, to notice
authorities arguments relating to the made Of in
1 4 r,
vielon of the principals becauie this is not cafe OF
aceeloria dervative tTealOn. The cafe OF the
| priioner is thar Of principal.
| M.. Wiekham, however, iays the indictment is
defeGive in iniertns the word" public" in fup
port of which doctrine hv cited ST. Ir. GIG, and 9
St. 1'r. 24s. Here Mr. Wiekham oblerved, thar he
had already conceded that the inierton of the word
public" was nefeG wy he had only con,enied
thar it ought have been inherited on the prefent
! location, becaufe this indictment againft
who was prefeut when the treaion was taid TO
have been committed The war ought TO have been
Gated to be pusc - o.herwile it could not be pre-
flmed that he had any notice Of it. Mr. NeRac faid
he had undsrRood his argument differently, and was
prepared to few from Vngrb1n's cafe, St. Tr. H.
aud f5ba Hamesen'5 cafe, St. rr 2oS, and the pre-
cedent in Fress cafe5that it isl neccary thai the
fould be ftated to be Snbiie. Another objetai-
on was that the names of the accompices of Aaron
Burr ought tn have been inherited in the ndiGt
ment MIR. Nief5am again explained and decIar-
ed tina, he bad lated the indictment to be deGec
tive i'll F; bur, iince the fa had appeared in evi-
dsrc- that Aaron Burr abicnt the time of the
aa charged to have been treaionable, the indictment
ought to have given him full information of the
ture of that af, and of the parlons by whom it
committed. Mr. lieRae iaId ke certainly uDderitood
the gentleman contend,ng that the Of the
complies ought to have been Inferred, and tlzt the
omiiiion rendered the indictment defective he had
even ei,ed ve caie in iupIor; ni that doctrine; viz
| St. Tr. 279 and So7; ST IF. 2Sl and col and
ST. TT 1879. The C. T2s. faid that Mr.. Wckh2m
had nated his argument correctly Mr.. EfsRor TO
Giew thar the forms ofindismeut for treafon do not
require the uisrion Of the Of the accomplices
referred nine Gales which he had examined, in Sp-
roftior to ,hofe cited by Mr.. Wekhsm; VIZ: 6 St
Tr so 229 s St.Tr.l7; 8 St. 1'r. 997; ST. Tr
EOS, l42; John Ftrney's aud William RiDg's cafes,
10. aud laAly, Friess cafe
The other point made by Mr. Wickhsm was that
the overt a of uealil ,;a not iitienty proven
Mr. AleRas cited BAG. Iol Vapghan's cafe ) St.
Tr ST; FoHsr 2O8, 2I8 and | Ear 81, 60, i'll
which the doctrine is LAID down that The 1n,mbng
of men, armsd with weapons ofsnfse and defeuiiye
wi,h treafonabe intcntion is treafoD, though no.
t,ng be done aud the cele of Boilmau and Swart-
won't flew that actual tiolcnes and arms are not
n.eeflary eonhtute trea(Dn aHenibiage of nicn
joT realonable purpOe being efficient. He o5leryed
thai orm5" Only cyideaee OF tresIonabe in
fsioa ard If that intention can be othervile prov
ed, " arm" not nseehary. He coutended TOO that
tie council for the y. S were not bound 70 TTove