Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-09-23

dttaehiaB military corps ffeTn II for mi
htary purposes might also be an overt act
y levyinS war. IL is not pretended that
he would not be punishable for these acts,
II Is only said that he may be tried and
convicted on his own acts, in the state
where those acts were committed, not on
the acts OF others in the state where those
oilers acted.
Much has been said in the course of the
argument ON points, on which the court
leeiS no inclination to comment particular.
y, but which may perhaps not improper
~ receive some notice.
Ihat tils court dares not usurp poweris
most true.
That this court dares not shrink from its
duty is not less true.
No man rs DESTROYS of placing himself i'm
Gisagrecablc situation. No man is dcsi-
rious of becoming the peculiar subject oe
Caiumnl. No man, might he let th,. hit
ter cup pass from him without self-re-
pronch, would drain it to the bottom But
| 1t he has no choice i'll the case if there is
no alternative presented 70 him but dpri-
LECTION or duty or the opprobrum Of those
! vino are Cenoninated the world, he me-
rltS the contempt as we'll rs the intlignati-
en- OF his country who can hesitate which to
embrace.
! That Sentlmen, in a case the utmost in
tertsting, III the zeal with which they
advocate particular opinions and under the
convection IN some measure produced hy
that zeal, should OIL each side press thci,
arguments too far, should be impatient a,
any dciiberation in the court, and should
suspect or fear the oDeration of motives e
which alone they Can ascribe that delibe.
ration, is perhaps a frsilty incident 20 hu.
! human nature ; bu. II ANY conduct on II,
part OF the Court could warrant SEMI
mcnt that they would tlcvia,e to the OIL,
SIDE or the other trCm thc line preSciiGct
tby duty and 10y law, mat conduct would be
viewed by tie Judges themselves with al
eye OF extreme severity, and would long be
recCi.ectcd with deep and serious regret
Inc arguments Oh both sides have beer
,Intentiy and deliberately considered. Dnos,
winch could 1't be noticed, since To naticC
every argument and authority would swell
this opinion to volume, have not been dis
regarded. The result of the whole is
conviction as complete as the mind Of I'll,
court is capable Of receiving on a compile.
subject, that the motion must prevail.
: no testimony relative TO the conduct o.
declarations cfthe prisoner lsewhere ant
subsequent 70 tie transaction on Blarrcr
hassets island can he admitted, becaus,
such testimony, being in is nature mere
ly corroborative, and incompetent, to prov,
the overt act in itself, is irrelevant, unit
there be proof Of the overt act b. two vii
nCsses.
This opinion does not comprehend I'll,
proof by ;wo witnesses that TIE meeting O,
B'anncIhasseL's island was procured by III,
prisoner. On that point the court, for tn,
present withhclds its opinion for reason
which have been already assigned and 4
1t is understood from The statesments mad
on the part OF the prosecution that no sucI
testimony exists. Ittherc be such let it b.
offered and the court will decide upon it
The jury have now heard the opinion O
the court on the law of the case They vii
Apply that law to the facts, and VIII ind
verdict OF guilty or not guilty as their ow,
Consciences may direcr.