Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-03-11

,-ods on the intcntiop with winch !" 20 iS-
red. and 90 tie point TO which the parties
have advanced, has been also stated. Ihs
a,ere enlislipg of men Withou. assembling
,hsm is not lsyyiaS war. The questions
,hso IS, whether this evidence proves col.
Barr 60 have advanced SO far in levyipg aa
sresy as aetualls 70 have ass7mbled them.
- /, is argued that sincs it caanot be re-
e,sssry thar the whole 1000 mcn shoald
have assembled, their commencing their
roseh by desachments to the place of reu-
DEVIOUS, must be suskeisns TO constitute
tie cfiaaes
This position is correct, with some
asslihcstion. i: cannon be necessary thar
me whole army should assemble, aud that
,hs various parts which are to compose is
should have combined. Blu. i, is necessary
,aastheye should be an ac,ual assemblage,
aud therefore the evidence should make
,hs fact uneqnivocai 30.
The travelling ofiniiv;duals to the place
Of Ysndszvous would perhaps not be suR.
cieus. This would be 40 equivoeal act,
and has no warlike appearance. The meet
log of particular bodies Of men and their
marchinS frem places of partial rendez..
sous, would be sueh an assemplage.
The particular words used by Mr..
Swar,woas are. that eel. Barr was levying
an armed body of 1000 mem. IL the
term lepying ia This place iraporss that they
were assembled, then such feet woald a.
mount, If the intention be against the u.
States, to leyying war. If II barely inn
ports that he was enlis,ing or engaging them
10 his service. the fact would not amorn.
10 lesyiag war.
L is thought sufficiently appase1s that
the latter is the sense IN which the term
was used. The fast alluded to, if taken
ia the forGer sense, is Of nature SO to
force itself upon the public view, that if.
The array had been actually assembled eli.
,iher together or 10 detachmenss, some eyi.
sdtnee of such assembling, would have been
laid before the court.
The words used by the prisoner in re-
ference to seizing at New 0:lsans, and
borrowing perhaps by force from the baak,
though indicating design to rob, and COO
ssquens,y importing a high offence. do
not designate the specific crime Of ievying
war agsinssthe IT, S.
It's therefore the opinion Of MAORI.
syot The court, that in the case of Samuel
SHar,wou, there.is not Sufficient evidence
OF his levyios war against the u. S. to
justify his commitment on she charge of
,iEsalon. $50
Against Eriek Bollman there is still less
testimony. Nothing has been said by hicl
to supper. the charge that the enterprise
10 which he was engaged had any other
object shaa was stated IN the letter of col.
burr. Against him, therefore, there is
10 evidence to support+a charge of treason.
That both the prisoners were engaged
10 most culpahls enterprise against the
somlnions of power at peace with the
q. 5. those who admit the affidavit of gen.
Wilkinson cannot doubt. But that no
part OF this crime was committed la the
district OF Columbia, is apparent. 1t is,
therefore, the unanimous opinion of the
;,rics.
!. Inc law read onthe part ofthe prosecution
IS understood to apply only to offences com.
iA's'ea on the high seas, or in any river, ha-
' ven 0ason or bay, not within'the jurisdiction
o'"ny PARTICULAR state. In those cases there is
-. 80 eoast which has particular cognizance OF
q. 'ie Crime, and therefore the place n.which
NC criRaiaal shall Inexperienced, or if he be
sspP'eaended where no court has exclusive
,ulisihcton, that TO which he shall be first
~ is substituted for the place in which
NC 02eSce VAS committed.
nasM THIS case, a tribunal fer the trial Of
! Jplence wherever It may have been COM
sd had been provided by Congress; and
~ Srae place where the prisoners were seized
= = Tie authority Of the cofnIGanaer ii chief,
S,''e existed such tribunal It would too,
-, \ extremely dangerous to say, that because
u; P'lSohess were apprehendod, not by aci-
tho Magistrate, but by the military power,