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

they were to operate, than that il should DC
inRictedcnderthe influence of.hose passions
which the occasion seldom failssts excite,
aud which flexible definition Of the crime,
! ora construction which would render Il
flexible, might bring into opsratioa. lt IS
therefore more safe as well as more con.
sonant to the principles eli our constitution
that the erims of treason should not be ex-.
tended by construction TO doubtful cases
ard tina, crimes not clearly within che con-.
s,isu,ional definition should recsive such
punishment. IS the legislature in It's Wisdon
may provide. #s.
To complete che erisae oflavying war a.
gainss the u. S. there FAUST be an actual
assenblags Of men forshs purpose Of en-
eruting reasonable design. IN the case
now before the court, a designto ovsrturn
the governHens OF the u. S. 10 New Or.
lssns, by force. would have beea unques-
tionably, asdesign which If carried into ex.
eeution would have been treasoa, and the
assemblage of a BODY oftmen fer The pnr-
pose OF carrying il into execution, would
amount to lsvying war against theU. S. bur
no conspiracy for this object, nc enhsting
of men to effect It, would be an actual L.,
wing of war. -
In conformity with heprineirles now
laid down have been the decisions here.
tofore made by the judges of the Uaised
States.
/ Thr opinions given by judge Paterson,
and Judge lfedeIl, in cases before them,
impIy an actual assembling of men though
thsy rather designed to remark on the pur-
pose to which tho force was to be applied
THAI oasthe nature Of the force itself. Their
opinions however contemplate the actual
employmeat Of fierce,
Judge Chase 10 the trial of Fries was
more explicit.
He stated the opinion. OF the court TO be
that if body of people sonspirs and
mediate an iasurreclion 10 resist or oppose
the execution OF any statute of the u. S. by.
force, they are only guilty Of a high ais
demeanor but if they proceed TO cary
sech intention into execution by force, that
they ars gully Of he treason OF lsvying
war; and the ouANruis of the force en-.
played, neisaes lessons cor increases the
srliac whether by one hundred, or oss
thousand, persons, is wholly i.Hma.erinl,
The court are OF opinion" continued
judge Chase, on tina. occasion, s' that a
coordination or conspiracy to .isyy war a.
gainss the q, S. is net ,reasoh unless sous-
Liaed with sn attempt to carry such conhi.
nation Or conspiracy into execution some
actual force Or violeuce Eaust be used 10
pursuance Of such design TO levy war;
bat it is altogether imma,esial whether the
force used Is sufieiene 70 effec,ua.c the
object; any,foree connected With the inlen.
ton, will constitute the crime Of Ievs;og
WARP
The application OF these general priaci.
pies to the particular ease before the court
will depend on the. testimony which has
been exhibited against the accused.
The first deposition tc be considered is
tia: of general Eaton. This gentleman
connects in one statement the purpor, Of
Numerous conversations. held with coioae.
Burr Throughout. the las, winter. la the
course OF these conversations were CON-
muaicased various criminal projects which
seemtc have been revolving in the aind
OF the protector. An expedition against
Me1ico seems to have been the frs. and
most ma'ured parr' of his plan, if indeed
Il did not constitute distinct and separate
plan, upon the success of which other
schemes Still more culp.ble, but not yet
well dgested, might depend. Maps and
other information preparatory 60 lts.execu.
Il L 4 AZ
It was the Immediate object, had been pro-
cured, aud considerable time, IN repeat.
ed conversations. The whole efforts OF COL
Burr were directed to prove to the witaess
who was TO have held a high command
under him, ,he practicabll;,y OF the enter.
prise ard La eznialninp 10 him the means