Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-10-30

/ ki1sOn as passing between Mr. SEartw0ut
and himself, 50 TAR as il il coa-r t,lict- by
that gentleman, cannot atfsc; Mr. BIrr for
this plain reason; the person ALLEGED e
have IN tdc those declarations AYERS not on
| ly that he never made them, but TAFT nc
was never authorised 70 make them that
he never heard from Mr. Burr any SEMI
nent indicating designs against any part
Of the United States, ami never even sus-
lpec;cd him Of such designs. ittheH gene
lral Wilkinson be Correct, must consider
The observations he-naTrates, rs the cOlj.c-
;,irc of MIR Syartwoue, not authorised by
Mr. Burr
| his also circumstance o. soae weight,
! dat G9r Bars destinations u the mouth 0f
! Cumberland, furnish 4.ro,t rcasons for the
opinion, that he ~ NOT wish those 70 whom
| lie addressed himsc!f 70 consider the Qua
chtta IS his real ultimate object, and the
reference t. further inform alton from ther
particular leaders would naturally induce
the, eNpectdti an that without ANY open IL
vowll their minds would Dc gradually con-
Quoted to the point to which their assent
was To be obtained. We iu,l there were
ruNOrs among them of attacking Betom
! K n5e, Of attacking other parts Of chc Spa
nish doninijns, but not a suggestion WAS
! heard ofhoStil,y against the United States.
o. comparing the testimony adduccd by
the United States With itself, this is otscr-
fable. Taat whch relates to treason ind-
Gates the general design, while that which
relates to the ?l;sdemelnor points tn the
particular expedition which was actually
commenced. Weighing the whole o. this
testimony, it appears to me to prepOni.,-
rate in favor of the opinion, that the on
terprize was really designed against MeXi-
leo.
Bat there is strong reason to suppose that
the embarkstl"D was TO be made at New
| Orleans, ami this it - said could not take
place without suIvcrsigg for time the go
vsrnment OF the territory which, it is nile.
red. would be .r-,Sor. The supreme
court has said that to revolutiouize a terri
tory by force, although merely as step TO
or mean Of executing some greater pro-
iccis, is treason. IN. an cmharkation OF
Uo'ps sgairst fareen country mar re
made without revo!ut7nizilS The govern
ment OF the place. and without su5ycrring
the Legitimate authority. It's true that vi
olence n!ight proaa)ly result from such an
3ttempt and treason might be the conse-
Quence OF its execution but this treason
'vnutl 2vlsc inrijrntai.Y and would not he
| he direct object FOR Which the men origi-
na'!Y asecnbled. Thi, treason would at
zach - In SO who comm'tted il, out would
not, ! am inclined 20 think, inject previ-
, ouS assempl4ge convened for distinct pur-
p-se II the object OF the ass.mb!age at
he m'uth ~ Cum erland was 20 embark
t New Orleans for the purpose Of inva-
ding Mexico, the law relative to that as
scmblage would he esSent allv different
ron what 1t might be if their direct Oh.
| iect was to suSvert the government OF y.
! Orl.ans by force IF in prosecuting their
purpose - New Orleans war should De le-
We'd, THIS would be ttcssnn at New Or
| leans when the fact was committed, but il
could not ! think be said TO be treason by
levying war at the moutl, of Cumberland
where the fact was neither committed nor
intended Il might be otherwise, if 1T tire
mouth of Cumberland, the determination
To subyert the government Of a territory By
force, had been formed.
! Ta;s opinion may be in some degree IL
Illustrated by the doctrine of the Eagish
books. Lcvying Of war is an overt act Of
conpss siEg the kings death. So is con-
sPracy to levy war, provided the conspi-
lracy be direct against the king or his go-
lycraDcnt. Put If * be u conspiracy 10 do
an act OF constructive treason, which act,
# done, would support an indictment for
composing the kings death; The conspira-
icy without the act viii not support the M
GictmeDt. 50 in this cage If tho object nc
,hc embarkation OF body Of men against
| foreign untTy, IN the execution Of which
war may or may not be levied, the fact be-
comes necessary 20 constitute the treason.
1t is also a circumstance Of considerable
weight with me. that the proof exhibited
by the United States to establish a general
design 20 dismembcr the union, applies on
liy to col Burr and Mr. Bienrerhasset Z
IS not proved TO have been ever Communi-
.>tci even to Tyler Or Floyd. There is
not only failure to prove that such a dc.
sign WAS communicated 20 or entertained
by the men who were assembled at the
nonth of Cumberland, but the contrary 81
lin iul. evidence. TIE " s. have ecidcJ
\ eYeTal Witnesses belonging to that Assem-.
D,age who concur IN declaring that they
,ud thCy wcuid have executed nothing hos
Tile TO the United States. i his tostimrn'
lcanuat be dlsrCCardcd for IL is uucout"u
ldicged and is offered by the prosecution
slow then can this Gsscmbl9gc b. said {,
have levied war agains; the O.. States?
Had Burr and Bienncrh7sset constitute,
q this meeting. 10 man caud have crpstrue,
, IL into an ac; Of lcvtinE war, whatcvc
. might have been her purpose. Iheirbe
q !ng joined By others having no hostile iu
d teutlors against tho United Statcs, VII
we're attached to them with other views
% ard who would not permit Themselves G
r. DC employed IN the execution of such irjer
p uons, docs not ssern TO me 90 alter thc case