The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-09-19

s' Gaze II was Certainly entirely unIn,p ortanr and II
Is probably not lels 70 in this.
IL has been aiIo coetended that the aas no more
than the declarations of third perons can be given il,
| evidence or thi. Indictment.
1t has been already laid that thofe a6s eff equip
nient which 70 how the chara of the expediti-
on may be given in cviderte. Iffor example Ban-
nerhaiie,t, Tyler, Smith any other perfons prov-
ded arms, ammunition proviions which were ap.
pied TO the arn5nen this would be evidence becauie
it would how the character of the expedition This
was done III the cafe of Smith and Ogden without
enfuiring who provided the arms for they belonged
TO the exPeditina. Capt Lewis for iutance purcba-
led 'svera' military equipments IL not deemed
neeeiiary to NOW that Smith was connected with
Lewis, for thele purchaies made for the expe
d''ion' and Smith was not charged with providing
theni,s Ele IVA, charged with providing other
means; aud the means provided by Lewis fesved
to ihow the character of tie expedition
But although the as Of all perfons providing M cans
applied to the expedition may be given in evidence
upon the fame principle that the Gate of the expedite
on may be flown, it does follow that other act, Of
, third perions may be given in evidence.
of the daria are teainouy go
This petition is correct Comfortable extent bur
not to that extent in which it is laid down A decla-
ration OF Mr.. Burr for example, made in Kentucky
or ee where that he did fet on foot military expe
dtion On Banuerhaaett's inand to be carried on Il
gaini the dominions of the king of Spain while the
United States were at peace with that power, would
J think be evidence 70 would the actual marching of
the troops proved to be RATED by him asana the pro-
vince Of Mexico. Teaimony which goes directly to
prove the indictment, may think be drawn from a.
ny place.
But do not tuderaand this to be the point really
in CONTEXT. underitand the council of the United
States 10 nlla that providing means in Kentucky,
that enhiiing in Kentucky, that Joining
the expedition in Kentucky may be given in e
dence to fhow that the accufed did begin and fet
on foot the expedition in BlannerhaiIetts iiand, or
did provide the mems that place charged in the
indictment This undsrltand to be the great auefti-
on whick divides the Prolecution and defence
IL is believe general rule that in criminal proCe-
cutions, din9 crime fox which proleeuton NAV
be i:0ituted cannot be give. in evidence in order to
reader it mors probable that the particular crime
charged in the indictment was committed-If gentle
men think me wrong in this will certainly hear them
upon the point but believe the poition to be cerre
Now providing the means for military expedition
IN Kentucky to be carried on agajnft the dominions
OF prince with whom the United States are at peace
is certainly in itlef difina offence upon which an
indictment may be well Imported as it can be for
providing for the fame or limilar expedition
IN Virginia. According to the rule laid down then
this tetmony cannot be received unels it goes to
prove directly the charges contained in the india men
But how can it go directly prove thofe charges !?
Does 1t follow that the man who has provided the
! means in Kentucky has alfs provided the means in
Virginia Certainly it does net follow; and conre
quently the acts aledged in Kentucky do no, prove
the charges contained in the indictment. They would
prove the defendant to have been connected in the en-
terprize. and gentlemen argue as if they Thought this
iuicient for their purpoGe. lisll be executed if
employ fey moments in eating my reafons for
thinking il not iulicient.
have already iad, and furely no man viii DENY.
that we diifiuc d;Hs-ap, ,,I,nos
Min different means for the fame enterprise 1t will
Prsfume nor be oontended that one Of them NAV be
indIssed tor the means provided by the other So too
if the fame ihall provide means for the fame en-
terprize at different places in Virginia and Ken
lucky, do not imagine that an Indictment for provi-
ding arms in Virginia, could be fuppored by proving
that he provided ammunition in Kentucky Ihey
are difnct offences for either of which he may be
purified and the comniiAion Of the one may render
more probable, but docs not prove the commihon of
the other.
How then do gentlemen mean to make this teri
nlnny relevant, It's Ivy making tie acs Of Bauuer-
hahtt, Tyler and Smith the acts of Burr, by ni(l-
iIlg that their acts hbw AN unsSful expedition to
have Eeeu begun by him in Virginia, or that the
means for that expedition were provided by him in
Virginia. This being accomplished, his acts in Ken
tuchy may be adsuced corroOorate or confirm
the te.iimony which difclolcs Lis condua in Virgil
MA
rs preliminary then TO this tefimOny uth proof of
the lpecihC charges contained in the Indictment NUT
be gVsn may be Left the confederation of the ju-
ry
This proof relates 70 rlace as well as tofa4 "Of
wlr7'foever uatpre offence indicted may be" iays
Hawkins 2. 9. Ch. Is Sec. SIS. " whether local or
trenlory, as fictitious words or battery &c. il feems
to be agreed that il upon guilty pleaded il fali
appear that ir committed in a county different
from that in which the ndiSment was found the de-
PENDANT fhal be acquitted
This rule is the itronger in the United States where
i, iq affirmed by the contribution leIf ard where the
luriiS ion CT the is limited to offences within
tie di0rIa. Its obligation therefore is complete.
II there be any direct tetimeny that an expedition
was begun, fst on foot, or that the Eieans were
! provided prepared in Virginia, ;hat tennony ha.
not yet been helfd 70 far as reeoea. If there be
faeh eGiTouy il Ils slfo be fown that the expsdi
ton was begun or that the were prepared by
the aecgied No uge az Of his in Virginia has been
offered IN evidence. lie made CONTRACT in the Rate
a. Ohio Tor boats and proviion' which may have been
intended as pert Of the expedition, but no contract
appears to have aeen msde in Virginia, nor wer,
the boats csutru.led or proviGons procured in Virg
MA. How then IS il 20 appear that he begun or fe
on foot military expedition in Virginia or that h,
provided prepared the means Tor uch an e1pedi.
/ ton
} Its faid that IL he gave orders from Kent,ct ysor
/ elfewhere, and in coulsqueroe Of thole orr w.
means were provided in Virginia, me acculed - nh
in the letter Of the act well % its fpirit and ma,
| hmie'f provided The means in Virginia.
II theie orders were in proof, the court as well Al
| the couniel would be enabled 10 view the C,L; q