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

It was faid that IL the OVER, act was not pros-
ed by two witrcfcs, no teaimouy in its nature
corroNsrativc or cepfirmatory, was admiihbls or
couid be relevant.
From thar declaration there is certainly no
departure. /: has been aiked, IN al.ufon to the
preient cafe, if a general commanding army
fliou.d dctach troops for diitant fervcc, " ould
the men com pofius that detachment be traitors,
and v~ou'A the commander In chief efcape pu-
nilhment?
lie, the opinion which has ',een given apfwer
this Quenion. Appearing al the head of IN ar
my would, according TO this opinion, be IN o.
vert act of ievying war; dcia, hing rai!lisry
corps from it for military purpoies might aHo
be an overt &C, Of levyng war. II IS not pre-
tended that he wou' rot he punihabie for .he!e
acts, it is only fa;d that he may be tried ard
convicted on his own acts, in the fate where
thoie acts were committed, not on the acts of
others in the fate where thcfe others acted.
Much has becn flid in the ccnrfe of the argu-
nent on points, on which he court feels no in
clina;i"n 10 comment artioularly, but which
may, perhaps not Improperly, receive io;ne no.
tice.
Thatth court dares not ufurp power is NOT
true.
Tia, this court dares not llnink from it's duty
is rot leis true.
No man is delirous Of placing hirnre,f in
difigreeab'e fituaton. No man is deiirous OF
Becoming the peculiar fuhiett of calumny. n,
man, might he let the bitter cup pats from hiG,
without fsii-reproa.h, would drain II to the
bottom. But II he has no choice in the CAFE
# there is no alternative prsientcd 10 hi'r, Aut
derii.Ction of auiy on the opprobr: of thoe
who dsnonrin ited the world, merits Tic
contempt " ell as the indignation 0t his coun-
try who can hcitate which to c;iibrace.
That gentlemen, in cafe the uimoR iu;creit-
ing in the eel with which they advocate patti
oular opifions, & under the convection III tome
| meafu,e produced by hat z:al mould on each
iide preis their arguments too lar, :noud be I'M
patient at any delibcratiou il the court, and
ihou d fufprot or fear The operation Of motives
| to which alone they aicribc that deliberate
| on, is perhaps tf6ilty incident to human na-
turc but If any conduct on iEe par OF the
court could warrant ientimcnt tl:atthcy would
| deviate To the one hde OF TIE other from the
lire prefcribed by duty and ly law, that con-
due, would be viewed ~ the judges he:nieiVes
with an eye of extreme fevcrlty, aud would long
be recollectcd With deep and icrious regret.
| The arguments on both iidcs have been in
entIy and Deliberately couGdered. Thcil which
| could not be noticed iince to notice every
gument and authority wonid fSell this opinion
! 20 volume, have not been ditegarded. The
| reful. OF the whole is conviction as complete
as the mind of the court is capable OF receiving
on 4 complex fuhject, that the motion mutt
prevail.
No teftimony relative to the conduct or de-
carations of the priioner eiiewhere and fubfe-
quent TO the traufaction on Blannertailetts IL
and can be admitted, becaufe luch tetimony,
being in it's nature merely corroborative, and
incompetent to prove the overt act ia itfcls, is
irrelevant, until there be proof of the over, act
by two witneiies.
This opinion does no. comp ehend the proof
by two witneiiee that the meeting o. Ba"ns shaf-
iett's llland was procured by the priio"er. On
that point the court, for the preient, withholds
its opinion for reafons which have Seen already
aligned and as il is underit Cd from the tate
meBts made on the pant o the prof cution that
no Guch tefimony exits. If there be fuch let it
be offered and the court will decide npon it.
The jury have heard the opii:iou of the
court on the law Of the cafe They Will apply
that law to the facts, aud will find verd!cg of
guilty or not guityas their own eonfeienees may
direct.