The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-11-06

l. 80 's"'1SFtu Snt happy medium, through
wacn Tue administration, might he aiia:led .vith
virDicrce and acrimonr. To the federahn /;
DIR. MIr'i'a'lis indebted Observation-Disclosures. TO
regain the confidence OF rrpubiicans. is with
nun impoiiiole; to lOfe the fuoport OF the frder-
I al party. rs 10 leave him withou. IN advocate
:" Under thotc circumstances, that the dignity
o. the bench ihould fOmetimrs yield to the feel
ines OF the man, might be iuftly anticipated.
ne iympsthies of The bench, give tone to
the bar who addrefics it. The declaration of
me Chiet juHice, that the "gcvernment wiih.
co the conviction OF the priioucr" was re, echo
co OY MI. Martin with the exDreiiicn already
embraced in the idea, that MS conviction word
g'a'ry It's feelings. Such language from the
nencn, pourtrsved i,s character fuflici-rtly, To
,4nct'cn the lefs guarded attacks from them.
i' Us true,'t was explained and afterwards oblite-
rated. Its adoption marked the character ofthr
court, and the mott untoun3eti latitude of fan
der aud wllcasOu, was purified with in punity.
W as 1t NOT the duty Of he court to Zee that the
government 1t reprefented, was treated with re.
| fpeci Was it not its duty 10 liiicld it from
wanion calumny and obioqny? | appeal to the
Gh'ei Jr'tice, and afk, whether, If during the
trial ct Fries or Calender, council bad uied
the language of Luther Martin, hencc would
not have ''ean ipforccd, and puniflnent would
not have been ril.tted , The book of Caen-
der, no where con;ajne, language AS acrlmoni-
Gus. 'nvectye bitter, or ;ndignity as Hagramt,
as that which has been offered by Martin.
4hc great points which the Chief JuGice has
decided on the charge OF TSEAsoN are thefe
tir't--th7t there may We cafes where man
ran he convicted of trcaiop, who is not by.jcnt
q.6-y'e The war was actually levrd His opini-
mon on this point is not however extremely
preciie: and he tcems 10 reit il more upon the
particular circumstances of each cafe. than uD-
! on any one definite principle. "If, for exam
l-ple, an amy ihou'd be a6tusliY raifed for the
avovrd p.rPofc OF carrying on open war aganft
the u ). and fuhverting their government, the
! point mutt be weighed very Deliberately, before
Judge would venture to decide that an overt
act OF ievving war had not been committed by
ia eommyarg Of PnrebaHJ, who never fow the
army, hut who <nowiugit It's Object and !eaguiug
himrif with the rebels, iupped that arrr,v with
! prov:ion'; or by recruiting officer holding a
conmIiou in the rebel iervce, who though ne
| YER IN camp, executed the particular duty az
! lened TO him. In plain language, a commlIa-
| ry OF purch1:es and a recruiting officer may be
traitors though not Prefent where the war was
levied. But IN The fame plain language, pre-
ience. though not eifentiaNy, is prefumptivey
necftary, and there are 4 very few cafes, &C
cording to the Chief Juiice, where man can
levy war without being prcitnt.
! Cd. That no man, however, can be convict
ed OF trealon under an indictment charging him
with levyng war at any one place, where he
was not 1t that time prc!ent
Sd That TO fuch man can be convicted I'M
lefs the iidiclmcnt fpeci!ies fome other overt
act, which coprr6ts him with the overt act of
ievying war. The indictment, for example, is
rot to charge him with having perf3rr7sa the
stt Of leyyine war. hut with having procured il
| to he done; and this Procurement IS to be prov
ed ~ tie lame manner and with the fang kind
GffnaI Prejinc-.
An. That it is the privilege of a Judge TO
wrei5 all the evidence from = isvorn jury, If he
DC '2t'stIed that there is none 10 prove the par.
ucu'av overt aet charged in the indictment,
| whether ii bc of procurement or of rrecncr.
! 9Th: That he VINO procurcs the levying of a
war when he is not p!efent, is either an accef-
! iary or PrinciPa! only in the iec,..d degree,
where guilt is merely derivative, and that there.
fore no further evidence can be exhibited aeanf
rim, until there is record produced at The
conviction ofthe cffendcr in the iirG leRret.
9Th. That 40 aGemblage Of meu can he faid
! - isvy var urlei8 they have either actual
| lY TRUCK h!ow, or potentially swed the confti.
tmteh authorities, or are IN f3rce hat is, in 4
Uillar" po!turr. carrying The appearance OF
force, ard 80 A !JisaiOu 90 pra6tir hoGili;ies :
aud thas tue jIry are priviIeged under this ex-
Ipoht'oH cfthe llw 20 find whether quy pa-tc IL
y ~ "I.t4lHHEr NJ FitU Goes continue the overt
at of icvyirg war.
| TIN. lh7t up one man nor fnaII rumhrr oF
neh ~ he aHenbiage can thrmiclves be convict
cd Of tre7i,n, even iF,hat aGcmbIy have aiI the
: force ard accou'rement: OF war, uuiefs the
/ whole ~ The greater part Of them be aconairt
e: w';h the 'reifonabIe dcGgn, and are preoar-
ed to executes It.
! On ioHe Of thefc proportions we fhali pre-
, len. !"% general reflections
! /. y eindge hipielf admits that prerence i,
nct eicolaly ncctflary, and 20 Car we arc
/ agreed IN tome cafes it may cer,aiuly b..
4 p'eiump;ion of the cooperation and gait OF
I the accu,cd.
! If fYch were not the cafe, Il world tend 70
Jet in that do6trine of contru9ivc treaf,D.
| which has proved 70 fatal in the Englii!i law,
and agaipit which our contribution ha, atten,Dt-
Ell to erect barrier. If conviction couid IN
! foon !'7ht upon toe man, who is 4 thopf.nd
miles dieant, az be who 10 prefcnt at the Gene
o. action on bin, who ten years ago ooTyg
ed the Feelings and formed the tian of tai
| tor, but who halted, while hiss alIoCiates were
! going on. as !oon as upon him who went al
! lengths with them, joined in all their preDara.
tons, went to the fceue oficyying war, and At
| tended them afterwards, the dangers of fucb =
corhrrttivr treafon wcald almoG exceed nnr
calculation under An arbitrary administration
Suppoie fomc future John Adams ,houId AZ
I cend The PrcGdcUGal chair, adotttine cf .hi,
kidd might prove ae fatal rs the fcYtho of time.
J Far different however was the 1le oe A Rnr-