The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-09-26

:. Let us apply the reafoning and principles Of
tho1e cafes to the cafe at bar. Ircr,lrr 10 do
this with propriety, we mutt confiter the ma
ture OF the crime charged upon che ptif,ner:
the theatre requiite for its perpetra,ior, ans. the
various parts to be performed in promotion of
tue general purpoie. The charge in the in,iitt-
ment rs treaion in levying war againil The u s.:
the objects imputed to the priioner are ;he Isi-
1ure OF Orleans and the feparasion cf;aru,tes-
We fhall make mitaken application of the
doctrines juf Investigated, if wc spoly them to
the overt act on BlannerhaT;tt's Mad. That
afemblage was not the Object, the end, the ca.
taitrophe and contamination. of the ,reaTon il
was mere tranfent and incidental effeta of il.
AT the time chen of this af1embiage we are TO
coniider the prifoner's local petition, not in re-
ference to the afiemblage, but to the general and
grand Object of the treafon not in reference
10 the ii'and, but to the great theatre which the
,rea,on required * on which it was aStng, from
N: York to Orleans. The gentlemen ON tHe
o,her noe viii MT complain of this as new
idsa. Mr. Wickham himfef urged ir and re-.
'era.ca IL for o'terent pnipo!e, cha, the o.
oVers act was nat the tresfon but merely evil
oence or 1t. W.eH then, in the language of the
Gales Juit read, we enquire whether ;l,c prifon-
or ana the men on tie iillnd were of the fame
party and upon the fame -urfuit, tie c.sG;on
'e'd'es not to the III md, which was crr;anv
"o' their purfult, but TO the great and fo.enAi
purpoie of icizing Orleans, and rendine The ~
mo" forcie!y aiunder; aud in this licat the,
apfrc Of tie fame party and IRON tb- fY,,,e aur.
IN" IN this light they were ,g,6e~ ~.
.. l,',.e engagement and erpr9at;en of ,vutuai
defence a1dJipport it z,'qJ a eeu1.an caun
=. Fo"1 fbem. eaeb man e.3-ratel IN bis Ra.iox.
at one and the Eame igRant totOerds t5e
J"me common end and tie Part encb man
i0oT' ienHea 10 giI,r eonufcUaher, eukouyogr.
~ 'nenf and protection to tbe eusoit. gang, and
10 en/Hre the .Itccelj Of TIE eos,r,on enter.
PRIZE 10 that within every rea.rn and Drin-
c'p!s aiiis"ed for the contribution Of legal pre-
,ence' they were all equally prefent. What
though the prifoner gave no exprefs af1.nt To-
inc particular meeting on the i'll and neither
o'o fudfey, in the cafe cited, aEtnt To the par.
lcuiar robbery OF ID by A but The Durnof. of
fuGicy and a was the fame con, mon purpofe
which involved them in the fame common Guilt,
30 the purPoie of the prifoner and the n en- I'D.
o" 'he III md was common purpoft, and there.
lore their guilt is the fame. The part, there
fore, which the prifoner has in this tranfatlion,
is iuch an one, as in the cafe Of felony would
make him aPrineipal and not an acee9sry as the
gentlemen contend.
i lie ieiuIt is in perfect harmony with The de.
c'hoh OF the iuPrefne couFt in the cafe of ,lI-
man and Swar.wout. Then we have fceu that
remotenefs from the fcene of the treafon makes
no odds: it is the being leag,ied in the fame
common cauie, and cooperating towards the
fame general purpofe which gives to each man
a legal prefence although thouCands of miles off
and makes him as much a principal as thofc
who are actually preftnt.
HaviGg atcertained that the prifoner can in M,
view OF the kC9v be confidered as arlaccef1ary in
TINS cafe, let us enquire whether he can be 70
considered in reafon.
A plain man who knew nothing of the Curl
Gus examinations which the wit of man can
WORK. would be very apt to wonder by what
kiad of legerdemain Aaron Burr had contryed
to ihufiie hmfeIf down to the bottom of the
pack as an acceiiory, and turned up poor Blan-
nerhaifett as principal in this tIcafon. 1t an
honor, dare fay, for which Mr.. Blannerhaf.
lett Is by no means anxious; one which he,
has never difputed with Col. Burr, and
which am perfuaded, he would be as little
inclined 70 dfpute on this location az or any o.
ther. Since, however, the modefy of Colonel
Burr declines the tirf rank and feems difoofed
TO force Mr.. Blannerhaffe,t into it in fpite of
MS oIuihes, let us compare the cafes of the two
men and iettle this queition of precedence be-
tween them. 1t may fave good deal Of trou.
blefome ceremony hereafter.
In making this comparison, fir, ffalI fpeail
OF the two men and of the part they bore as
believe 1t TO exit and to be fubitantialIy capa-
bic of proof: although the court has already
told us that as This is motion to exclude ali
1t, toIlppois The evidence which is Behind, ftrong
enough 10 Pro7eany thing ard every thing COM
oatible with the fatt of Burr's abfence fros1 the
liiand. II it will lie agreeable to the feel.
ings of the prifoncr to confder the parallel
which ] am about to run. or rather the contraf
which an aboutto exhibit, as ittion, he is
at hbertyto do 10 ! believe it TO be fati.
VINO then is Aaron Burr and what the part
which he has borne in this tranfattion? He is
ITS author its protector; its active executor.
Bold, ardent, reNlefs and afpring his b sin con-
ceved Il; his hand brought it into action. Be-
ginning his operalionsin New York he aToci-
ates With him men whole wealth is TO fupply
the neceifary fands PofIellrd of the main
iprihg, his perional labour contriVes all the ma
chinery. Pervading the continent from New
York 10 New Orleans I've draws into bis plan
by every allurement which he can contrive men
OF all ranks and all descriptions. To yonihfai
ardour ne preients danger and glory 10 ambi-
ton, rank and titles and hneorrs; to ayarice fsA
mines OF Mexico. To each perfon whom h.
adarehss, ne Preients tss objetl adapted to his
lFNe' MS recruiting officers aic appointed:
''en are engaged throuhout the continent;
c'ViI 'Ite IS indeed quiet upon its furface; but,
10 us ooiom this man has contrved 20 depo6t'
,he materials with which he flishtel touch of
MS match produces an explo(ion 10 Hlake the
continent. All this his reTtleCs ambition has
contriyed and in the autumn of 1906 he roes
Iorth for the Taft time to apply this match. On