The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-09-19

1. Becauie Aaron Burr, no; being p.efent on
The 'nand at the time of Che aHlrnblage, can.
not he a principal in The treafon within the CON
lttut'onai dehnltioa nor within the iasys of
England.
9. Bscauft the faa nun bs proved IA laid
and as the indictment charges the prifoner with
'evyIne war with an ailembsge on tie iflsnd, no
EVIDENCE, 70 charge him With that aSt by rela,i.
ON is relevant to this Indictment.
8. Becaufe If he be principal in the treafon
at all, he Us principal in the fecond degree
and his gni't being of hat kind vytichis term.
ca oerva'iNe' no paro! evidence Can be let in TO
charge him until We ihall fl.e,- record of the
conviction of The principals in the firR degree.
4. Becauie no evidence is relevant, is con-
nett the priioNer with Others and th0s To make
hm traitor by relation, un:iU we hali previ.
lily ihew an aet of ,rraf>n in thoie Others
and the aiiemblase on the inlnd was uol an act
OF treaion.
Lei us examine the frR aronnd :-it :. he.
cauie a. Eur, not ee'us prefent on the iHaud
at the time of the aiiembsye cannot be prin.
cipai in the treafon within the conf;tutional die.
mutton nor within the laws of England.
tn many # the general fieaions exprerred
by the gentleman under this he!d perfectly
accord with him as that The contribution in.
tended to guard againa arbitrary and conRruc.
TIVE treafons that the principles of found rea
ION and lioersy require their exclufon, / have
no objection either to lis poti ion tha; the con
Intuition IS 10 be Interpreted blythe ru les Of rea
ION and of moral right. fear, however, that
i ihall find II difficult TO accommodate both the
gentlemen who have fpQken i'm !,Ipport of The
motion; for while MIR. w khan demands
Z reaion for the guide of our INTERPRETATION. Mr.
Randolph exc'tims "flve lie from the deiu6i
ons ct common fenie." a kind OF rcafon which
Is not common i;sie, would, Indeed, be adapt
ed 10 the joint purpofes of both the rentIemeo :.
but a Thar is a fnecipt IS G. 4 .
no very difinti conception, hope the gentle
man VIII execute re tor not ploying it. Let
us return 10 Mr.. Wickham. Having read 70 ms
fle cont ,utional definition of trcaion and given
us the rule by which it was to be interprrted.
1t was natural to exPed TAT he would have
proceeded directly TO apply that rule TO the de-
h"i'i9n and give us the rcfut. But while
we were expecting this-even while we have
our eyes upon tine gentleman, he vanifhcs Ike =
fpli't from AMERICAS ground and we fe no more
OF him, until fe-iurglng in England, by kind
OF intelligent magic, we find him IN the n1i,ldl.
o: the is h century, complaining moi doIeful-
lY OF the Rate of my Lord Coke bowels. BE.
fore We follow him in this excurIion let us en-.
qalre what il was that mad the gentleman Mart
VIII ilch terror from the regular track of his
argument. 1t was, fir, the deciion of the in,
Preme court in the cafs of Bollman and Swart.
w'u': it was that judicial expufi ion of the
contribution by the higher court IF the nation
upon the very point which the gentleman was
coaidering. Sir, if the gentlemi an had believed
this decilion favourable to him, we fIould have
heard CT IT in the beginning of his argument.
for The path of engciry in which he WIS led
nm directly tn IT. Interpreting the American
cohhhntion ne would have preferred no autho-
ri'y 10 that of the fupreme court of the conn.
tiy. Yes, fir, he would have immediately fciz
ct this deciilon with avidlty: he would have
ft 1t before YOU in every pCflibie lipht: he
would have ii.ufratedit he would have adorn
cd II he would have exDar i II it; Won wouid
have f5en II, uude' the attion Of his genius.
loom with all tie varying grandeur of on
m untans IN tee mornings fun. He would not
have reiIfquiii:sd this de ~iiiar f.. the ccn,non
law; he would not have deftr,sd rock 70
broad and 70 fold, to walk upon the waves of
she htan'Ic. But he knew, fr, that this deci-
lion was apar!t him: he felt, too, that il clcC-d
aEanit liIm completely the very point wbich
he was lahourng Hence it was, that th de
ciiion was kept 10 feduioufly cut OF view. until
from the exploded materials Of the common
law, be thn't he had reared Gothic cefio- e.
huge and io dark as quite TO overfladow and
scipie IT, Let as brig it from this o1fcuriry
iD:o the face Of day. We who are f.s king truth
and not yittoTy, whether right or wrong, have
no ieaion 70 turn our eyes from any fOurce #
light which pretentS i-t; and leaf of AL fror,
foprce 70 high and io refpe Gable AS the dey.i-
non OF the iuprcne court Of the United States.
Let it be remembered that the enquiry is whe-
thsr Pyefcnee at the overt aef is recef'sry 70
M kea mau traitor: IL Is nrrrF ~ f.v the
gentlemen VIVA fays the fuprerut court /? 8. Il
is not the intention of the court 10 fay tS4t 20
individual can be guilty Of this crime who has
not appeared in arms a2anh his country: ON
the contrary if war be a6jnaIiy levied. that is if
4 body of men be Attended for the purrnfr OF
Cft.tting by force a tteafonable pnrpoie, an
thoir who perform any pr, howe, er minute.
or bogce1tr remote from IKE /ceiie ofa9isn, and
WHO are actually !cagued in the general coniri
-lcy, ere 10 be coUiGrred as traitors''#
Here then we find the court 10 Far from rrcuir
inG Preirnce, that they exprsfly declare that
60IpeUsr remote The accuftd NAV have been
from the fceae Of the rearonable artmblase. h.
is aiIi involved in the euiit Of that aRemtlage
that he was leagnel in ibs .c<7eym conJlirory
which produced i, s fufticiert to make The
overt ACT his own. The iHpreme court Being
of that opinion, proceeded to an elaho;sse ex.
animation OF the evidence to 4f:eriaih whether
there bad been iteafonahle aGtmb!age. They
look to tic depofiou Of gen. Eaton and gen.
W,nfop, to the cyphersd letter, to The dccia
ration Of Swartwcut thai Bur- was !ryying An
armed body { !even thouidrd men; and they
look to theft parts cf the evidence e%rrcfs,v for
the purPoie OF dicove'irF whether it was pro.
babe that Burr had actually brought thore men
together: not whether Bollmau and S0ar,..out
were pr,ient at Any fuch aiiembiage; th,y