The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-09-22

within diftria through which III. f-rce ha, rafed,
he is indised within diGriet in wh,s pare Of the
offence has been committed. The aryumentS at bar
formed upon this diiinSion have grea, weight with,
me. They deierve to be more maturely coniidered-
So FAR reipeas a9s within the fame jurildic-
ton they are perhaps conelufive.
My doubt coniifs in this The aa now char
ged could not have been laid in the indictment OH
which Col. Burr has been tried. There is therefore
comfortable force in the arguent that his acquttal
does not prevent diiina indictment for the war i'll
Kentucky. My Judgement is not decidedly formed
upon this point. ihall therefore hear the teRimony
relative the conduit u the sccuted within the Uni
ted States, and lha in the mean time, reflect further
on this fubje6 In the courie Of this reflection it is
impnibIe not to allow much weight to the arguments
delivered to day, efp cally to that which lhows the
difference between murder and treafon in this that
proving murder to be commits ed i'll another county
does absolutely iifprove the indictment.
In the eourie OF this argument Incidental alterca-
ton at the bar has produced fcnie commentaries on
the contribution given BY this TIE opinion Of
the iupreme court in the cafe Of Ronan and Swart-
won't, which 60 thin, rfeIc AZ liberty to pts
over altogether withcu; notice
Reports M very po:iih!y be in circulation thai
this court nis"d of obeyins has ahcutey revcrleda
deci'ion ct the fupreme court. While fach repni..
would he entirely incorrect in poin. OF laSa thGy
would can an impu.acion on this court, which, I fat
ter mytch, will never be n,eiitci. Bu; 9ueh rerors
may circulate with great facility and the labor OF
reading the opinion to which they refer, arc.
which would certainly rc!ue them will be taken on
~ by lew II then declaration made from tue bar
TO myielf, evidently rrrsarti>g that my o,,iiur i'll
Read os coattrue"g revees that Of the lupre.,e cous
ihonid he heard uroticej, certainly might be uu-
dsritood to acIuieee in tie remark and 70 eounts-
nance any reports which might be circulated to the
lame effect therefore feel iuyfs bound to declare.
that have given what believe 10 be the found and
true legal contribution of the opinion Of the fuprcn>
oourt and feel nyfef further bound TO fate TO yes-
tlemen the particular parts Of that opaicn on which
there has been difference 5.t~ecn thu contribution
made by the court and that made by the counirl tor
the profeeution.
The points inferred from that opinion by the conn.
iel for the United States were,
IT. That war might be levied without the applics-
ton oil actual violence the obieeis 20 which wa,
intended to be applied.
9ndly. That might be ind :fed as b.rg pre-
Tent On an overt a9 committed by Others i'll his ab-
fence.
On the fri point as mua he reeolieaed This
court eoncurrSd with the council 70. the proeeuton
Their contribution declared to be correef Bur
beoau!e war might be levied without the application
OF force they had concluded that war NIGH, be ev-
ed without the exinence Of force, and therefore thae
war was levied on Blamerhaflrtt's iland
offended 10 the arguments OF gentlemen with all
the powers poeis ltrcfiired effort to do this,
Tor !heir arguments commanded ssten,ion Blu. do
nor recolleGt ientouce fem e!.er of them in,,i
eating the idea that the opinion of the fapreme con.
diiPenied with potential force, with the poliure ,f
war; or that they had reAs fed erouGy on this q,ef-
ton. The court made certainly very elaborate iH-
vegaton oil this pout, but it produced rot by A.
ny mconception of it 0atei -. the bar bur in conla-
quence OF misconceptions und> TGood to have been
formed eiiewhere, and becaufe it conlu,ed an i'm
portant queftion in the cafe then trial.
The iecond point was which there was clearly
an expedition between the coGruaion Of tie law mad.
by the council for the profecution aud tia. az
OF the court On the part of the prolecuton it was
clearly underitood that ab(ent man might be iud9-
ed FOR an over, aa committed by another am per-
fuaded that gentlemen if they will exa.,ine the train
OF rea'oniog by Which their minds were corduSaed
tn this conciufon, will fatisfy ihefelves tha, they
have been mi1ed by ideas drawn from other f,urce.
than the opinion 10 which this has been imputed.
BY the common law, accsflorcs in treaion are prin
cipals and they have underGood declaration that
man leagued in ccniPracy niay become traitor by
performing part dl!tinct from that CT appearing in
arms as an adoption Of this common law prucre. :
am periuaded shat when the feelings created by warm
eontefaton iha ubiide, gentlemen will then,felves
iciPed that this conelufon has been precipisateiy
drawn.
No ienfaton whatever has been excited By the re-
marks which have occafoned theGs obfervatos o,hrr
than the opinion that this explanation has been rem
dered necefiary by them.
Gentlemen will, il they p'eafr, proceed with their
the United States.