The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-11-17
CITE Gnqulrn.
RICHMOND, NorsMssR II.
CURSORY REFLECTIONS.
PORTRAIT or THE CHIEF JUSTICE.
No. ".


The council for the prfoner placed this upon
the ground, that a. Burr was merely an accef.
fory, or at mott principal in the end degree !;
"whoie crime is merely derivative, and that
therefore no further evidence can be exhibited
againft bim, until there is a record produced
Of the conviction of the offender in the irR de-
gree" But this maxim Is completely overfet
Ivy the Principle of Englii, law, that "i bigb
trea/oa, there are acce1ories, but all are
principals; the fame act, fays Backbone. that
makes man accellory in felony, making him a
principal in high treafon, upon account of tie
bcinouipejJ ftbe erime.'
This is a difficulty however which the ,eady
ingenuity OF the Chief JuHice eaiily oyerIeaps
Finding the law to be againa him, he goes TO
the regicn ofthe INV, and thus in the ufua ftyle
| of LEGAL quibhng, he ticks to the letter of the
law 20 long as it avails him, and when it is Of no
further ufs, he corjures up its lbirif to dettroy
the law itfelf: But what is the reayon of this
principle?
Al, fays Backbone. are principals''-
and why" upon account Of the heinouincfs of
the crime" Now, who is there that will pre-
tend 20 compare the a;rocity of the crime Of
Burr with that of the victims, whom he had
attended at B'enuerhafletts Inland The very
reafon of the law then as ftated by Blackstone,
only points this principle i.elf more ftronsly a.
gainft A. Burr.
And what Jays the reajon of the ingenious
Chief Juftice ? "The acceflary foi2oqvs t6e ma
tire of his princpal-the legal guilt of the per-
ION who planned the anembidge on B!ennerhac
ietts Hand depends not Imply on the crimna-
ty of the previous confpiracy, but on the cr-
ninalitY of that aifemblage-if thefe who per.
petrated the act, be not traitors. he who adv-
fed the fact cannot be traitor" What fut.
tie fophifryl
How often has the Chief Juftice himftf de-
clarcd, that the innocence or crimnality of An
aiiembiage depends-upon the overt a6t of az.
f1mblare no; but upon its intention and de-
iigns In other words, that the ACT Of atIem-
blage may be either innocent or criminal, and
thar it takes its colour from the intention alone
The very criminality oft',at afiemblage depends
upon the crin'inality of the intention and plan,
which produced it,
To atcertain the criminahty of the confpira.
cy ia therefore as eiItntisl TO the conviction of
thote who preient on The illand, as the ma.
tare of that at!cmblaee is 10 produce the con-
viction of the chief conipirator himfelf. As far
therefore a. the abfra9 reafon of the law ap-
plies to this general cafe, it is as neceiIary to
prove the one as the other.
But iuppoic A cafe, in which the oriminality
ofttis aiiembIagc completely depends upon the
plans of the confpirator. If fet of men were
to aiiembe at any one point, prepared implicit
iy to execute the tehefts of their leader, and
explicitly emitting on the condition of doing
whatever he prafed to dictate the guilt OF this
ailemblage would depend entirely upon the
views of the ccnfpiratpr. This cafe is alrnoff
precifriy analogous 20 the lituation Of the men
afembed at BIennerhaflt,ts Illand or at the
mouth of Cumberland. Many of thefc men
were emitted far tx months, without any
debute vie" of the enterprfft, on whic h
hey we're embarked. They were mere inltru
mcuts ia the hands of The leader. like the
potion, the ptfail or the beaf," which accord
INK to Backbone, cannot be conidercd az prn-
cpas, and therefore even, in the cafe of mnrAey.,
imPaIt the guilt at a principal TO their employer.
Does not each Of theie men borrow all this guilt
| from the criminal views Il the conforator, or
IN law parance, follow the nature of his princi-
pli?" Inthe ,rajon ofthe Ia when. is net the con-
fpirator himfelf the principal, and tie de,uded
intruments of his ambition, mere acceiiories
But according to the 9th petition, his afIen1.
b'age beigf farce, that is in a military pofture
Carrying the appearance of force, and in alitu.
alton to practie hooiltes, before they can be
iaid TO k7y GvHr-In other words, they mult
he " ia condition 10 attempt or proceed upon
The treaion which had been contemplated"
But if this definition be ana!yfed, it will an.
pear that it is either indefinite in its terms, or
that it isincoueH.
~ Cp'hhuiSd - hilildTy pONuTe, 0lHlt this
a1emb!age proceed, vesiHJ srei7i5. with coIors
flying? No. This pomp and pageantry of war
are not neceFary. The army may march with
our them, in iience and without fnfpicion, nm
III they have arrived at Il certain point, when
they are ready to nrike an effrehal blow.
j. IT necehAry 20 marc with arms and bayo.
nets dHPIayrd? No To nun fuGpicion, the
army may march on to their object, with all
their warIlke weapons concealed 10 boxes, but
in ftuation to fclze them at a moments warn.
ing.
Even arms themfelves are not abfoutely ne.
celiary. According to Hales Numbers will fup.
ply the want Of military array or qvcabog5 and
even FHror miai4raf ar1a. Let us fuppofe
what was extremely probable, that it was in
proof that A. Burr had intended to equip hi,
army with arms AT fome arfenaI on the MiRiGip.
pi or at Baton Rouge, it will not be commended
that thete men had not levied war, becaufe thew
had not actually the necenary number of arms
in their hands
If then by the pbrafe military bofnr<," the
Chief JuRice rcquites that the ancmblare f1ould
have banners 0ying, and arms and bayonets diff
PLAYED, he requires what is not abCoutely me-
eeioiy 10 "evying war - & if ne does not re.
qplre them, what can he coniider as the enen-
tai ingredients Of a military poRure As little
right u !hed by his requiring them to be tn a
co1dIfin2 10 by0ceed nson the contemplated irea-
ION. Does he merely require them to be IN n
rendition to reft the fherF aud Pone Comita-
ins who command them to difperfe A fmall
force is adequate to this reiifance. Does be