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

Toi the intention of the corrt 20 f,y, that ~
individual could be guilty. Of treaTon, who had
: pot a'pso-ed ~ arms aasit1 his conntry. %
tns con;t7rf- 1t war he levied, that Is, II bo3y
o. men be actually attended, for the purpois
| OF tFeetiag ny force s,reafoashle object, all
'ho'e who perform any part, however i.ru,e,
or however remote, from the icene of action,
ond who are actually leaguel in the general CON-
ip"acY, are TO be cnniidered rs traitors" The
'qle'tlon was argued for feveral days. when the
Chiei JGitice delivered the opinion OF the court
4 nat no te!timOnv relative 20 the con,iuGt %
the prioner, elfewhere, ~ fubfyquent 10 the
, tr'nia3ttons on Benrcrha.I.tt's inand. eau oe
admrtec, becaufe, fuch te0imony, hrir,. in its
na'nre merely cofrohoratire, and incoaipc;eu,
TO prove the o7er! az in i,le is irrelevant unit
les"
=" II is thus this important trial has been bro'i
TO ciote. The people OF America are called
on To decide, how far that opprorr'url, which
has been anticipated TO the Chief Junice, from
MS conduct during the profecutiou, is not me-
rited-They are called to fay, whether, after
the expenditure of van iums from their puh'ic
trea'uty, the mesfurc OF national ultice HALL be
cnrtai'ed, by the organ Of national law. The
liirs between the government, and Aaron Burr.
never '4ir!Y tried, in which the hercu,jap eforts
OF proeiiionsl ingenuity, have beeu r4uaioned,
II nos aided. by The conc.rf-e Eat OF legal pow
Ter, has eeafed 10 e.if--ilut there is another,
and not leis intere:tirg queRion, viii, rerrana
10 be decided The trtbupal before whom II
is brought, is irf, iatelligcnt, and awel' The
nlais ot mankind are peher illiberaI, or il;te.
rate heir opinions are formed on the broad
nans or national right, and of natural resi0n.
lbetore this great tribunal, evidence will neither
he perverted nor fupprefisd--Its lady u,cnt will
not reit cn technical precilion--its DEGREES are
not uttered in language to require explanation,
or permit pSrveriio". The character of the
Chsf Ihitice, awaits the iiiue. TO the vir.uous
| man, " can afford but few drops Of cOrfolltion,
| that his deci'iOns are bottomed on principles,
Which the majority Of his country are made
quate to comprehend"
10 every Indictment, it is neCeGary ~ lay
me CRIME at iome place, 10 as to crns it within
me Jnridictoo of the court. The indictment of
! Burr Charged the offence as having been com
m'tted in Wood County. The crime OF tr-7fon
cooiilts in the act of lsvying war, and that is
defined, an a!ieTn blage Of men in force 10 eG'sE
treaioOable dehgn. The afemblage of men
m force took place in Wood, therefore the crime
was committed there. The criminal is 10 be
tired within the jurifdi6tlou where the crime
was committed, therefore Burr mutt he tried IN
| virginia lie could not be tried IN Kentucky,
becauie the siiernbage was not in Kentucky.
II then h. MUIR he tried in Virginia. II was e.
commiiion OF the treafonahe act, or he could
only he tried ~ an accelIary: Becauit, if not
preieRt when the a6t was committed, il would
be incumbent to prove it treafonabe, By the
conviStion of tome OF thole, who committed IT,
but to conititUte treafoN, the intent of the at3
mutt he afcertained. Eo~ let ~ furOole, what
actually oc cUrred-That Aaron Burr proceed.
ed to e1itt 100 men, without communicating
to one I0lidry individual, the intention Of his
enmtment--Ihey actnaliy proceeded to ali-m-
! h'e-W oGid it not be inditpenfah,v nScriIarv,
10 prove the intent of their sncmblage, before
they could be couyicied Could It be proved,
F., IN any way, except by tde Conviction of bin
! VINO cauied the eniilmen;-'Ihen the men " ~
! are ahembled, are principals in fast and the
man who cau!ed the aiiembsec, is prime ipal in
! intent. IL the indictment had been lad fpeci-
| ally, ae is the opinion Of the Chief IuGice-rhen
| the queitioa muit have besn made, whether he
who cauits an aGemb!age in force, could he
convtted nnt thofe who were aAlIDt.led are
convicted oi trsaicn? the rriult of this doc.
| tTinc ia. that the General who eaiiRs, who or
| iers 1Hd arranGes, cannot be convicted, uu,ii
! the Soldier Mo 0heys, is brought to puniCh-
! rneHt.--i'hsre is a wide dilin9on between hin,
VINO cauiSs IN aSt, and him who Is acceffsry 20
| It's comnilii'm. 'Ihe ran VINO cau.ts IN alien
! hlage in force, mutt from the yerY nature os
| ttshsa, he principal in tcea.o1 Tie aliegsti-
On Ct Hs pTtGnce, is ol!y legal Z 1tion, meet
! fairy 10 give iuridiction to the tribunal before
whom ne Is arraigned. The fuhtance and
| leading features of trc indictment, are, his nav
| Ing cauied war to be levied. IF the cri.e oe
Pnpihsblc, FOR havug cautd ia comm,!ion,
the allegation Of 9TcienCe. 70 4 legal pretLlnpti.
on. which NUT be juh5cd.
! g. Let us enquire, whether Aaron Burr could
/ have pIead an oH6i, Chat he was ~ a different
place. 70 The Indictment? IF he could, tr~n Il
/ follows, t0a' biz a6ipal preience 1t the place was
! ncceha,Y--l5 he could not, then i ticws, that
allegation Of preieuce, ought not to vitis.c the
indictment. lie cOnid not plead an ai5', tie.
c'eic at'usi pre'ence is not rcqu'lirc, The OPP
nion Of the Supreme Cour, is, that Il there Sc
a. atsIaI aiir'nOiag- in iorc~ thofc who are coA-
ceroed III the remoteit degree are traitors.
! " 1t does not lay they are accefsries to tre7-
! ioo, it doFguot iaY they are principals IN the
degree. II teen tbo(e 1ho arc concerned in :a.
iremoigR degree, are traitors, niucn more NUT
! he wb9 cautes iSc ACT, be traitor. AZ ths h..
the opinion OF the Coust, one oi two things is ~
be admitted, c'ihert ha' prefencc, 10 not neccn.
I ary, OF # Tcce!itrY, it IS 20 be pre.rred The
| term, reWois2 &gztsc embraces ths dca Of thoi.
who are preirnt or NOT. II prelence is not nc
cehary, thea the iut!tance OF the iudictmert,
/ IL the iegying @av, and toe allegation of pre-
lsnce 70 only o i'I:w jusifd'-lioo. Then the in
! dltmcat in this fc(pstt, was iubRauralv good,
! bot he who can be convicted Of crime, mar
b. prefunsd, in one fcnic OF the term, 10 be
trt.fart 81 ,.v,rcfFfnu 't.sr.t, In .