Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-09-02
MONDAY, August 81.


"A numerous audience assembled fer the
purpose OF hearing the truly important OPT
hion about to he pronounced by the Chief
Justice Of the United States.
About forty. minutes after eleven o'clock,
she Judges took their seats.
The Chief Justice delivered in writing
the opinion of the court which was uncom-
monty lengthy, learned and argumentitivc.
Two hours and an half were consumed i'm
teading it. The resusut was in favor of
the motion made by Col Burr and his
counsel, 70 exclude the evidence We are
sorry it's not in our power to insert the q.
pinion at length in the pre- sent Argus but
u Shall appear as soon as possible. The
doctrines expressed and maintained with
great ingenuity and logical acutcness were
IN substance. that, although it was admit
ted and declared to be law that the actual
PRESENCE at the scene of action of person
concerned in an act of levying war against
she United States snot necessary to consti-
tude him princjp traitor yet persan
nutpresent, but at such distance from the
spot where the overt act is committed as
not to be able personally to cooperate with
or assist those who equally perfom it, [his
criminality consisting only in his advising
and procuring the reasonable asse mblage
OF men, or in his being engaged in league
with them) must be StieciaNy indicted -
and that no evidence against such person
Is admissible on general indictment
charging the levying of war against the
United States. at a certain time and
place, when and where he is proved or
admit. by the counsel for the prosecution
10 have been absent--that Treason in lew
ing war against the United States, may be
perpetrated without the employment of
actual force but not without the dhhear-
dnce of force that therefore the persons
assembledfor reasonable purpose must
be armed,o or arrayed in warlike or threa-
tening manner, and must display force in
some degree proportionate to the object in
tended to be ACCOMPLISHED or, by their
conduct zohen assembled, evince their de-
sign to execute a reasonable enterprise.
Such parts of the opinion of the supreme
court in the case of PoLl0ldn and S7yort4uonE
rs appeared to convey an opposite doctrine
were explained and declared to have been
misunderstood by the counsel for tire u 6.
. tho the language of that opinion was ac-
kncwledged to have been equivocal and in-
accurate in some respects. Whether the
evidence was sufficient tn charge the per-
sons who were present at Blannerhasset' $
island with an overt act of Treason, was
not expressly !deci4ed; but the contrary
was strongly insinuated AItho' all evil
fence was proclaimed to be irrelevant and
inadmssible upon the Indictment which
had been filed against .daron DUR, tb, iu-
~ were Informed that the court by no
means Intended to interfere with their
rights, and, ifthcy chose to find him guilty
upon the testimony which had been intro
duoed, they had right to do So
The iov and exultation visible in the
faces Of Col. 8Nrr and his friends was
snch as might have been expected.
Mr.. Hay observed that the opinion he
had Just heard furnished a variety of mat
ter ofconsidera ion that he could not inn
medintely determine upon the course which
ought to be pursued on the part of the u. s.
lie wished therefore To be furnished with
the opinion for his perusal, and to be allow
ed little time to consider the steps which
ii might be proper to take.
After some conversation his motion was
acceded to, and the session of the court
sus ended till O'clock, =. NJ. at which
time the counSelfor the u. S. not Deing
yet satisfied as to the measures 20 be TAX
en-, further indulgence was granted them,
and the court adjourned until Tuesday
10 O'Clock.