Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-08-29

oNNN~ vi ~ ~ Il wv lnTNCkUlOTlOn WIS |
allowed no books: but Buir. has had the |
use OF cart. loads of them, both in and |
cut of court. Instead OF not being listened |
q, himself and his counsel have had unc on |
,rciied freedom of sp, ech, and have taken
IuneXampled hbertie with their opponents
ard with he government. And, (so far are
they from permitting confessions of others
I'd DE read III evidence against him. they
are ho" endeavorlng to exc ,ude altogether
Any testimony on the part of the prosecute
on. Mr.. HljsGe observed that the counsel
Tor the United States neverthought ofdraw-
ing any authority in their favor from that
case; and that such an intention ought ne
| verto have peen attributed to them.
Mr.. HtcEhdns has also referred to cases
where accessories after the fact were in
hcted before the conviction of the prnci-
pal; and insinuated that VIC were obliged
to resort TO such Gases in support Of this
prosecution. But we do not rely upon any
such cases No part Gf the evidence goes
to prove faroa Burr an accessory after
the fact. Iic was the Alpha and Omega,
the betty and the snul 81 this treason not an
accessory at all, bu: principal; and the
chief among all the principals.
Mr. DFRae proceeded 20 answer the au.
thorities which Mr. Uickham had alduced
in support os the positions commended for on
behalf OF the prisoner.
! Fost. p. 9, and %, had been cited 70 shcw
that a man cannot be indicted for an overt
act unless ne were personally present. He
observed that those cases rather showed
that, after proving the overt act laid in the
llhulctMent, additional overt acts might he
given III evidence TO shew the cno amino
OF that which Was proved not that proof
OF rhc Personal presence of the accused was
lnp(pSSuINr N oh l.; u,
OF icUyiHg war. The question whether
such actcal presence DC necessary did not
1ccurm those cases. Lord Bal,neytno's case
g st. II. 6C5) had also been relied OH but
var lH'HGe insisted did not apply. The
: Only real question in that case was, whe-
ther the offence could be proved ON a diff
lerent day from that laid in the Indictment.
Although Lord b. was not At Carlisle when
! The town was taken, ne was admitted TO be
4 principal in that treason; because, lin
dependently of other overt acts proven a.
2a'nst HIM. the fact of his having been at
carlisle afterwards with 4 body of men,
twas also proven.
10 St. Tr 40, * Hob. IS, were quoted to
5 sheW, that, II an act not criminal by the
common law Is made so by statute, acces-
sores In such case are to be Judged of IN
conformity to cnmmon law principles. Mr.
G4'Rde said that he had not read lhe case
III HobGrt; but the passage referred to IL.
the state trials was only the argument Of I
lawyer and net the opinion OF court. Bet
this question, said he, is unimportant in this
case. We may safely admit that common
Jaw principles do not apply to this case.
we are willing to rest 1t upon the conSttu-
ton ard the act az Congress. The whole
lccstion depends upon the true inJerprcta-
ton Of the words g ieOying gar
MIR Wickhum has asked, "If accesso-
"rles III treason are to be punished, WIZ
did not the act of Congress provide Tor
sit" We answer, it was unnecessary
as to these concerned before the fact; be-
cause all such arc principals in Ievying war.
As 20 accessories after the fact, we cannot
tel! why they were not provided for. But
who, in the eye Of the law, can be more
guilty than he who plots, contrvcs, cnlists
men, and furnishes ncney and provisions
Tor Carrying on the war Is the constitute
on framed TO punish only the poor instru-
mentS employed by the author Of the trea-
son, and 10 let the man who was the BODY
and soul OF the whole enterprise escape?
lie has also argued that the language of the
I constitution Is strict, and omitted to notice
/ accessories, on purpose to guard against
I the Vaccinations of bad men in power, vino
/ might be disposed TO mark ont their vic
y inns ana Cypress them with accusations of
constructive treason. IN conformity with
this idea, he has stated a case in tie ab-
Sfracf; that government might wish to sa-
crihce man in Georgia; might accuse him
OF being concerned in an insurrection in
New Hampshire might drag this innocent
man thousand miles from home, and pu-
nsh him for crime which had never been
committed.-Permit nc, also, said Mr.
| WRde. to state case in the abstract
| Here he drew a striking contrast between
he situations of Mr. Jc6er8on and Mr.
DHrr, without mentioning the name of Ell
| ther; presenting on one side the portrait
OF the chief magistrate Of free people, en-
Toying the almost unanimous esteem and
admiration of his countrymen, secured bv
! tho wisdom and excellence of his admins.
tratiHD, and having nothing to dread from
competition or rivalship and, on the other,
that of man, of great abilities indeed, but
VOID OF political integrity, who by his own
lhtrigues had totally lost all popularity, and
fallen so low that ne never could rise again.
| he then asked, whether more danger was
| to be apprehended that such an exalted
| character would wau;only and reedlesslv
| Cypress one So fallen or that a man in the
| desperate circumstances Of the latter wouid
| attempt reasonable Vaccinations against
the former j In such a Case, there could he
no motive for cruelty. This imaginary
danger of oppression never did and never
can exist in this country.
The constitution of the United States