Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-09-18

IL
5 evidence. Deiipered on
MoaDAY, August 81.
fcoNrINuED.
The op;uion Of judge Chase y next
s:.o,o,ea with appreciation. This oplnien
n terms requires the employ OF
force
Af,er stating The verbal communicate
~. aid 20 have beet, made by Mr.Swart.
swous 10 general SVilkinson, the cour' says
.ss;fsthrses words Import that the govern.
~ Of Orleans was. to be revolutionized
I b. force. although merely as step to OF 9
7 mean ofsexci,ipg come grea'er projects,
the desipu vas unquessionably Ieasonaole,
and any assemblage of men Tor mat Pur:
nose would anountyto lesying OF war.
The words :. any assemblase OF men u
4cons,rucd TO affirm that any two or tnree
of the conspira,ors who might be found to.
:ve,her after this plan had been formcus
would be the ACT Of levying war, would
ccrraiuiy be misconstrued. Inc sense 9.
the expressions 6 any assembiage OF men,
Is res,ricted by the words "for this pur-
nasen Now could Ii be in The contem.
pla,ion of the court that body OF men
woald assemble for the purpose OF revoiu-
tiopixipg New Orleans by force, who
should not themselves be inforce 5
After noticing some difference OF CPL
MON among the judges respecting the I'M I'm
nort sf the p ords said 10 have been used
by Swartwous the court proceeds TO 90.
serve 6 But whether this reasonable 10,
teu,ion be really impusable to the plan or
mol. il is admired that il must have been
carried into execution by an open assem-.
bisge for that purpose, previous 70 the ar
rest of the prisoner, 10 order TO consum.
mate the crime as TO him.
Could the court have conceived /" an Q
pen assemblage" fer the purpose OF o.
verturning the government OF New W
leans by forcs" to be only equivalent 70 a
secre: furrive assemblage without the ap
pearance of force
After qa sting the words OF Mr.. Swar'-
won't. from the affidavit, in which 1t was
stated thar Mr.. Burr was leyying an army
Off. 900 men, and observing that the trea.
400 20 be Inferred from these words would
depend on the intention with which It
uss levyed, and on the progress which
had been made ia leyyiug ii, the court say
",he question then Is. whether THIS cyl.
Deuce proves colonel Burr TO have advanc
ed so far inlevyiog 40 army as actually 70
have assembled Them"
Actually to assemble an army OF 1000
men 10 onauestionably 10 place those who
are 60 assembled 10 a state OF open
force.
But as the mode of expression used in
thi. passage might be construed SO tar az
20 countenance the opinion that 1t would be
necessary 10 assemble the whole army 10.
order TO constitute the fact of levyiug war,
the court proceeds to say, sit is argued
that siuce it cannot be necessary that the
whole 1000 men should be assembled,
their commencing their march by detach.
n,eu,s to the place of rendezvous must be
suficieut 70 constitute the crimc.
This position. is correct with some qua.
tiica,ion. II cannot be necessary that the
whole army should assemble. ADD tina. the
various partswhich are to compose It shonId
have combined. But it is necessary there
should be an actual assemblsgc; aud .here-
fore this evidence shoaid make the tact on-
equiyocal.
.. Fhe travelling of individuals to the
place of rendezvous, would perhaps not be
suficieut. This would be an eQuivocal
act, and has no warlike appearance. The
mee,isg Oh particular bodies of men. and
their marching. from places Of partialto a
place of general rendezvous would be such
m assemblage." J,
The position here stased by the counsel
Tor the prosecusion is, that the army "com.
neDeing its march by detachments to the
place Of Rendezvous Chat is of the army
rnust be sufScient 70 constitute the crime.''