The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-10-03
Mr.. Wnt'5 Stsee5 Concluded.

The fourth and lat objection to the admiiIi.
on of our evidence is this i" That no evi
1ience is relevant to connect the prfoner with
others, and thus to make him traitor by rea-
lion until we flew an act of treafun in .hOfe
others and the aHtnib!age on the iland was
not an al of ieafuu."
The Guefion which the court is here called
on to decide, is, whether the affenblage on
BlennerbaGett's iillnd was lsvyirg of war.
The gentlemen who hold the negative of this
petition muf admit that tie intention ofthat
aEcmblage was trcafonable one; or ellie we
cannot be debarred from proving il. They
NUT admit that the individuals who competed
that aiIembIage were enliasl by, A. Burr, or by
his fubaltern officers that they had marched
by individuals to the mouth Of Beaver, place
of partial rendezvous that when COLLECTED
there, they proceeded TO E'aRnerhahtd s iland,
another place CT rendezvous where they w re
to receive an acceiIion Of boats, men, provii-
ons, arms and ammunition, under the COM
mand OF Blennerhaflett hiniielf |; that from the
ifland they proceeded TO the mouth Of Crm-
berland, place Of general rendezvous for the
expected forces from the eat and from the
itates of Virginia, Kentucky, Ohio ard Tennef-
fee that at the mouth of Cumberland they
took in their commander in Chief, the prfon-
er at the har, with comfortable addition of
men sndarlns, and proceeded to Baton Rouge,
attempting tie ftduttion of the officers and
men at ihe fcveral forts and garrif5ns of the
United States, as they paned ;.,which forts and
garrfons were too weak to have refiited their
panaee with effett that expecting the COO
peration Of the United States troops, the pro.
jea was TO feize upon II. Orleans, together with
its bank, ihippine, military flores, &c. to plant
the ftapdard of treafon and feparate empire in
that city, and to rend from the union all that
portion Of territory which lies wea of the ALLIE
shany. All this they mutt admit, for this
and more we are prepared to prove. The quef-
tion then ia, whether all thefe things admitted,
the afembage on the ilsnd was an overt act Of
levying war.
Here we are brought BAG to the contribution
and act of cOnereis and the enquiry is what
is k7yging war Gentlemen on the other lide
fpeaking on this fnhiett, have very artfuly
dropped the word hgying altogether. "Shew
us your open act of war" they exclaim (; " bard
sSoeks, f-ys MIR. Lee, are things can all feel
aud underftand where are the hard knocks %
Where was this bloody battle, this bloody
war? % cries Mr.. Martin. No where, gentle.
men thers was bloody battle, there was
no bloody War The energy of defpiied and
traduced government prevented that tragical
conf quende. In rePlyto all this buifering and
Glamour for blood and havoc, let me ak calm
ly and temporarily, does eur contribution and
ACT of congrefs require them Can trea(on be
committed by nothing filort 81 actual battle !?
Mr.. Wickham drinking from petition 80 bois
ard indefenfbic, has faid that if there be not
Mutual force, there maA be at leaf potential
force--iuch as terror aud intimidation Gruck
by the treafoBablc aiIeJnblagc. We will exam
i:Is this idea prsfrntly. Let rs NJ th;a mouent
recur to HE constitutional definition OF tyeafon,
orto 60 much thereof as relates to this cafe.
Tree Coz agaiult the Uuiied States fra conil
only in !e7ying qUar sgainG them :" not in
snaAiHg war; ont in crying it. The whole
queition, iien, turns or the meaning of that
word, ir91iag.
We know that ours is motley language /;
Saricgdted and enriched H. the plumber of many
foreign flores. WHEN we derive word from
the Latin, The Greek, or any other foreign
language, living or dead, phiolocifts have al.
ways thought it moR fife and CORE & 10 90 10
the original language fnr tLe purpofe Of after
tain'rg the prfcie meaning &C lich word tx
ny, we told by all our le,icograrhers is A
word Of French origin: It is proper therefor,
that we lhouid turn to the dictionaries of that
language to difcover its true and real meaning :
aBd believe we ih7l not find that when as.
pied to war, 1t ever means to Egbt as gentle
men on the other iidc would have lIs 10 believe
Boyer's Dictionary is before re, fir and am
the more encouraged TO spsesl TO him, becauCe
in the cafe Of Bollman and Swarlwout, your 10.
nor, in eliminating the import of this very word,
thought u not improper TO ref. r To the auihC-
rity OF Do6or JohDfon. " Lever," the verb
active, iigniiies, according TO Boyer, ." to lift,
heave, hold or raIr np," Under the verb he
has no Phrafe applicable TO our purpofe but
under the fubRaniye, hvse, be has feyeral I
will give you them all;
Jevee dun iege the rating Of fiege. Leyes
des fruits; gathering offruits, crop or harvea
la 1eves du parlemert Bri,tannque the rafting
or reeeis OF he Brith parliament Levae (colle,e de
denietO levying, rating or gathering: Leyae de
gems de gae,rS hsyiag, t0y ,aifag If J2I,t Fait
9s Icpe0 de JodaG 10 lag or yojsJcisie,s. go that
when applied TO fruits or it anrans ci5srsg as
as "e as rating when APPLIED rs folders it means
rating only; not gofJs;irg, e6;m5Gg bringing then
fogfi6sr 'VH but msrely' ,oFag. Jnhuion taket
both th.ie meanings as you mtutoned in the cafe 81
holman & Swar;wout but il shs original laugu9g,
We fee that hrji7g, when applied 10 fodic-s. meant
Imply the r-jfag them, without any hing farther
in military matters, lag aud railing, ii Boyer may b,
ruftd, are Iyroumous.
Bu! 20 slcertan Gill more fatisfadorly thC
meaning cfibis word Lqy, let US lock to the
9urCe from which we have borrowed the Who'll,
Mini. ion Of tysaion The ltatute Of the %, E
That aatu'e is in Norman French, aud de-
tcLiag the treaion of levyng war, ufeg theft
w.tis, ST tome hze dc gaeyre coeHe naPr
tdgur Il r1y en- Jan rst7is'e." Ina fu5fcqneu
regMi mean tie fdt.ous and turhuler, reig'
@ .N'7di tie r.. whsa the ltatute Of Edward
'oVi uurepealci, was forgotten, loa an,
bt ftNudershe httt,,tvo cf -,rt,, sc,i .,,