Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-09-18
Col Barr said thai he had !,

gentlemen 70 prove any fact. s sssa II,
place on the island that lie . aa'sa look
witnesses 10 court who had .it.,;s sss,'s
those facts b IRE; Blu: ,he ~ ,suasd 10
gen,lemeu depar from thar L;ssaaeas.h.
dence, be Should feeiit bis eo,v ,a a,,esl
Is "a we'll understood that we are :, 'et.
long controversy about c.r:aip ~ nave
law, ADD the sooner we arc broua ps'0's q
the better. aA' % 4
Some desultory couversation u.
ed, when Mr.. Randolph observed sosa
they were shen-to understand, ,ha, > ',ss
men were desermined'to persevc,e S yr,u'
course. ,s.n4 ut
. Mr.. Wirt- Wemeau to pursue ,h.,.
per course. If this is no. the proerr c oa''
demonstrate it. ''sW
While Mr.. Bolts wa. prepsr;aa II -.
the argument, Mr.. Burr erquired sh.,S'a'
the counsslforth the prosecutors wash ="
session Of the deposition of tTime.bv Es,'
fey. Mr.. Hay replied he bad never ~. ~
il. su'a
Mr. Bots regretted thar Mr.. nsv, ~.
dilIetion for the@islshd should be 50 I'm ~.
as TO prevent his laying his lpdletJaes, :. !.
any other place. He presumed ,h.s I.
would be psoductivesof The sa me a],s,s,
lion as it had produced ia the urea sou ca,, !,
Would it not be betterfor thecour,y, 4.
mand at once some evidence on ,be rss,.
charged 10 the indictment, than ID ~,
amused for two monthswi,h an idle p,tsa.,
of4he idle tales OF idle people? ~ -
Mr.. Bofts laid down The following gra.. !,
raj position, which he supported al coou.
derable length s..,.> !.
lst. That unaer.tEfe act Of Congress there
can be no accessorial offenders i. e. none are
within the points Of the statute but such as are
acting at the fact. >,>.......>, :, !. !.
3D.. II the first point be not sustainable, no
act Of Col. Burr out of the district can be civ.
en- in evidence against him. ...... Il,
3dly. Again, if the first point be not sus.
tainable, no act of an accessorial agency can
be given in evidence on this indictment chsrg.
ing the offence of acting at the island and no; :
specially that the indictee did the accessoHal
act.
Z 4thly. That if 1.-THE foregoing points be not
snstainable, still 10 evidence OF an accessOral
agency could be given till the record of the
conviction of an actor in the eSpeditionbs pro-
duced. ~
5thly. That the acts on Banncrhasse,'s
island cannot amount to providing or prepar
ing the means, or a beginning or setting on
foot military expedition there. Tnis point
reyolves itself into two others. lst. There
was no military expedi ion in maturity there.
2dly. If there was military expedition IN
progress there, It was not begun orset onioot
there, nor were the means provided rprepar,
ed thereon. In eDqulring into What constl
tutes the offence under tie act of Congress,
he conteaded that the act was SO uncertain and
ambiguous that it never could be carried INTO
execution. He i.istanced many cases which
went to shew thai, according to the ruleso'
constructing penal statutes, this act could not
be enforced. Els argued that providing the
means spoken OF ki the act of Congress re-
euC cht.!5 DlcGllS lildl lily hh'S"'-t
must be not OF an expedition merely, but
military expedition that to make II militia
ny expedition it must have mitary charsc'
ter, the most essential means OF military
expedition is military organization; tn'
there must be military posture; that INC
means must be adequate to the end; tnat ~ ~
assembly of men was engaged in this eSpea'.
ton, nor was Col. Burr ever present NM
that no intention could aid facts in furnishing
the means ola military expedition; that Sa'
mightbe without military. form, but the nlsa.'
of a military expedition must have lna1.sl' :
character and that hostile means VIII no, y"
the means must be military. I
A 9th point was, that no evidence o. ~
yersations said to have taken place oelNss"
any other persons can be given IN evlaeh.S -
gainst Col. Burr, unless he weTo press''. :.
the time the conversations passed.
Thursday September 10. :.
Mr.. Bots concluded hrs arguHisssr: