The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-11-24
Cite Gnquirer.
RICHMOND, NoysMBER 81.
CURSORY REFLECTIONS.
PORTRAIT or TRF CHEZ SUSTIcE.
No. VI.

No. VI.
We com: next TO the opinions of the court
on the cafe of Nlifdrmeanor.
Between the tieaiOn and mifdemesnor cafes,
there WAS this difference in the form Of the in
dittment; that Aaron Burr was indicted as if
he were preient when the war was levied at
Blennerhaiietts Hand hat that he was ind6t-
| Cd for ie,ting on foot and preparing the means,
| on that illind, for a military expedition aeanR
a country with whom we were at pace.
There was fome ihow OF reafon for ouafhing
the hrlt indictment, when the fact of rrefrnce
could not be proved but when the famc diff
Guilty did NOT occur in the lat cafe, & it feemed
obvious that man might eahly prepare the
| means without being preirnt, it was natural to
expect that the trial ihould go on. The court
| however threw 10 many obitaclrs in the wav of
tue evidence, that the couGies forthe proiecution
thought it belt IN retire from the confetti
Far be 1t from as TO exPa'iate on the confe.
queDces OF this doctrine. Il the tefens of
cunning conipirator not iuifered to be prov
| I'd by the acts of accomplices, with whom he is
bound In the itricteit tics of conipiracy If the
! means which he provided ia one Gittrict are not
TO be brought up 10 aid the proof of means in
| another ditriet, by proving the exiaence OF one
great, conGitent and continued dcign if the
| means which were on Blennerha Gctt's iiland are
not tn be brought hoinc to him, although they
aid OF his refoorces and his agents, becaufe they
were not prepared by himfrif on that 1and
if all thefe doctrines arc to acquit criminal, he
may udeed he fad TO be acquitted, but not
to be judged; or If he he Judged by the law,
he certainly is not judged by common fenfe.
But we have d@eit long enough upon this
fuhject. The pencil is wearied with the fame
nets OF the portrait which il has ketched For
wherever have bent our eye, we have ieen
baH 1, LA 49,
| ors, or dittu6tions without difference advo
eating principles which do not reach the mott
! important cafes; or leaning with a perceptble
propenty on the fide OF Burr and aeainh the
adm niitra.ion.
Why did he wrelt the evidence from the in.
ry? Why lniu,t the rights of that great palia-
dunn OF our liberties? Why permit the fou.
lelt and mof irrelevant abuie againit the admin
ifsration to- How in endlefS dreams from the pri.
foner's couniel Why forge; hat refpett which
is due from one department of the government
to the other /? Why tain his own opinion with
the mott pOIuted 'ccuiation againt the infeg-
rity OF the executive, as if they had thirGed
for the blood Of victim? Why fuffer the ex.
ccntive cabinet to be 70 rudsy aHd unnec eTlriIy
pbId2ed 10y the proiane hands of A. Burr Or
if on one location he affected refpeSt for the
privileges of the executive, why did he attempt
10 forge the proiecution into the dfcofure of
their fecrets, by conlenting to receive as evil
dence every Idle fuppolition which the prifoner
might chooie to form of the cont ents of papers
that the Preiident bad withheld from regard
TO the public iaterel?
Let the euioglIis e'f the Chief Juice exone
rate him from thsie improprieties, before they
hold him M 20 tNe veueratiOn of his country
One thing ls clear. II the 0.1iaionJ of the
Chief iufticr are TO he received Is Ig1v, what a
wide HtId ct iegiflation has lac laid open to Con-
greis How many crimes has he lIown 10 be
inferior TO the constitutional crime of TreaIou,
& of courie not ohe embraced within its penal
ties /! YET the trnth is, that even If the Chief
Juftice had not ihown it by bis opinions, it
would have been efficiently obvious now def
cient were our laws 10 not providing puniGI.
meDts for expeditions that were frt on foot a.
glnR our own Country and before they had OBJ
tanned the full maturity o. actua Treafcn. The
Chief JDltice has only had the 07erif Of multi .
plying the number OF ,hsfs cafes, by clafiifyng
fevera under this head, which an ordinary man
would have car INTO the eia/J of frea/on.
II is tbe policy of wife governments, to dif-
crimiuate crimes and to fcalc the puniihments
acc ordiog go the degrees of geit, laying the
heavief on fuvh as are of the dsepen dye, and
sbating the penalty according to the d,minuton
OF guilt but fUfrring no oftnee, however min
ute It may be, to eicape its dne hlre of puHiifl-
meut. Such is the Fundamental principle of the
Peuitenttary fyHem, and fuch will be the rule
of the Crinual code of every government, that
wiihes to pfoteei, without opprefing its fub-
jetts.
If the means provided for an attack upon this
government, are not in fnch 4 Rate Of maturity
as tn deirrvs the name Of I" ievytng war" they
sre not tseafon. This palpable nconGtency
therefore rc(ulis, that man may be punihcd
vita fac aud imprisonment, who fetts OH foot
an expedition agdiof Vera Cruz, aud yet be
completely innocent, if he Only deflines hls at.
tack Ssaina New-Oreans or Waibiag,on.