The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-08-21

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of uncertainty, on the NOT inerening of all le-
gal fubie6ts; or that the opinion of the fupreme
court is erroneous. The latter, it is prefumed
is a petition, which the council for the prifoner
will hardly undertake TO fupport.
If, however, they do undertake this talk, If
they do contend that an afIemblaee of men with
a traiterous deign is not efficient, but that
hoftilities NUT be commenced, actual violence
I mnN be ufed before treafon is complete, the
contribution is a dead letter. No man can be
pronounced to be traitor, until he has, bv
| ftrkng blow, fhewn that he is or conceves
himfelf to be out of the reach of the law. The
cafe, then, preients quefion of force alone,
and It is matter of no confequence, what the
efinition of treafon ihall be, until it is decided
by arms what tide fhall pronounce it.
| Perhaps it will be faid, that the decifion of
the fupreme cosrt, is not correctly underitood.
/ may, for aught I know, be incorrect in my
expedition of it but if am, i, is idle to look
into reported cafes, for evidence of the law
| The language which the court have ufed, is re-
markable for its preciion, and its perfpicuity
In every part, the ideas which they have cx-
I prefied, are perfectly confident, and you will
not find from one end OF il to the other, a fen.
tence, or even word, which implies thar any
| thing more is necellary for the completion of
treafon, than an afrtmbly of men, convened for
| the purpofe OF executing traerous deiign.
OF the fnpreme court is the law of the land !;
that the overt act of treafon is complete, if
there be An afIembly of men for effeeing trea-
| fouabe dehgns, 1t is incumbent on the pro(ecu-
| tors to ihow 1T. that there was a treafonabIe
defgn; and edy. shat there was an alIemby of
men for the pnrpofe of efFetting it.
| 1t will be proved to you, that the deGen of the
prifoner was not only to wage war agant the
| Spanih Territories, but to feparate the Wet.
Iern fro he E,n R,ta, Il
| N. Orleans was to be feZed, and an indcpend-
ept government was there to be enablihed.
| You will perceive from the evidence, that he
intended TO take pofIeffiou of N. Orleans, to
excite the people there to infurrett,on and to
take advantage of the hottie fentiment which
prevailed, to the Wet of the Allegheny, againt
the SPaniards. If either of thofe is proved ;
if If he either eftabliihed that his deGgn was to
difmemb,r the union, or after feizng on N.
| Orleans, to invade the Spanih Provinces if in
fact 1t be ettabliihed that he Intended TO occupy
N. Orleans at all, he is completely guilty of
treafon.-It would be abfurd to fuppofc that a
man who had revolved fuch an immenfc project
IN his mind, would communicate it to MANY
But he did diicloie it to a few, and fortunate
ly for OUR country the evidences of his deEign
have been diiclofed to our government. fhall
lay before you, gentlemen of the jury, evidence
the mott po6tive and direct. as well as hume
the exiftence of this deGgn.
For the purpoie of eftablifhing an empire in
the welt, of which New Orleans was to have
been his capitab he made two long Wits in the
wefern country. He was in Kentucky and
Tenneiec, and travelled in various directions
until he arrived in New Orleans. Wherever
he went, with view of facilitating the con-
Elimination of his own defgns, he fpoke difref-
pettful!y of the government of his country.
He repreiented it as deititute of energy to pro-
teet our national rights, or fprit to maintain
our national character. He afIefted that all the
men of property and influence were diGatisfied
with its arrangements, becaufe they were not
in the proper fituation to which they were en-
titled that with 500 men he could effect re-
volution, by which he could fend the PRECEDENT
to Monticello, intimdate Congref;, and take
the government into his own hands; & that the
people were 10 little acquainted with, and 70
indifferent about their rights, 70 completely
deftiute Of public fpirit and of an efficient LEA
der, that they would be mean enough to &C.
quietce in this revolution. Such were his ex-
preitions about the government and the people
| To the people of the Wet, he fpoke different
! language He reprefeRted to them, that they
were in fate of colonial dependence on tbofc
Of the Atlantic faes ; and that they annually
Payed millions for which they received no re-
turn. They were told, that feparation was
HeSeIldIy dHu WouId uIqurulona6iy take y ace
not as refutiDg too from the operation Of natu.
raj cauies, but as determined by a particular
chain of events that the definy of the repub-
lie was fixed, and that in the courfe oftwo wears
they would fee it in ruins. / thank God that
this prediction is not fulfilled and our poRe-
rity will alto thank their God, that the accom-.
pliihment has not reached fbeir own times
Such were the fentimeDts which he avowed ;
fuch were the doctrines which he endeayore d
to propagate, though all this while pretending
that his Objects were of purely agricultural ma
ture. Nor was this language confined to con-
verfaton alone; for writings were publiihed
by of his adherents, calculated to fcatter
diaffettion among the people, and prepare
them for his plans.
l.. To accomplish thefe plans, In the fummer
and fall Of 1906, men were actually entitled,
boats built on the waters of the Ohio, proyiG.
ons purchaied to an enormous amount, and
arms and ammunition provided. Some of thefe
men, about 30, afIenbled with arms on Banner
haiIetts illdnd, in order to defend the river.
Burr was rot there at that moment. He had
left it fhort time before he had intended to
return {; but he had been warned not to return
His prefence however was rot material. A man
may levy war at the diftance of 5000 miles :
we may probably have an experience of this
truth IN few months. But this principle has
been efficiently elfabliflled by the decilion of
the fupreme court. " IF war be actually levied
all thoGe who perform any part however mi