Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1865-06-15
THE TRIAL OF DAVIS.
[From the Washington Chronicle. I

| I'LL lhlAL VI LA VlS,
From the Washington Chronicle
If Jefferson Davis shall be put on trial
for treason in this District, the case, in its
| legal aspects, will present some striking
points of similarity to the case of Aaron
Burr on his trial at Richmond
| Burr was not present at Blennerhassett's
! Island when war was charged to have been
there levied, nor even within the State Of
| Virginia, but was absent in another State,
some two hundred miles distant The in
dictment, however, charged him with levy
ing war on Blennerhassetts Island, in the
district of Virginia, with a great multitude
of persons to the grand jury unknown. In
other words it charged him as being person.
Giiy present at the Island when the war was
there levied
On the trial, after the prosecution had in
| trOduCed all the evidence in its possession
relating to the alleged levying of war at
Blennerhassett's Island, the counsel of Col
onel Burr moved to exclude all further tes-
| timony tending to connect him with the
transactions ON the Island, as an adviser,
prOcurer, alder, or abettor Of said acts per-
formed by others, at that place, in his alb
sence. In support of this motion Colonel
Burr and his counsel made and argued the
following points
lst. That inasmuch as Colonel Burr was
not present at Blennerhassett's Islend when
the war was alleged to have been there
levied, he could not be implicated i'll the
crime (if any there committed, except by
virtue of the common-law maxim, that
whatever will constitute a man an acces-
sorry in felony will make him a principal in
| treason"
I'd. That said common-law rule is not in
force in the United States, being excluded
by our constitutional definition of treason
Sd. That, even admitting said common
law rule to be III force in this country still,
in order to hold person criminally answer
able for the acts of others, committed i'll his
absence, he must be specially charged in
the Indictment, according to the facts. That
is to say, the indictment must show that he
was absent, and must specify the accessor-
ial acts which implicate him in the crime of
those who actually levied war, in person,
by appearing in arms against the Govern
ment, at the time and place charged in the
indictment. Furthermore, that he would
only be indictable and triable in the district
where such accessorial act was committed.
4th. That if the common-law rule which
converts all accessories in treason into
principals III force in this country, yet the
guilt OF one who performs aCcessOrial acts
only is derirdtiUe and cannot be establish
ed otherwise than by legal proof that the
persons whose acts he is answerable for
have committed treason which legal proof
can consist Of nothing less than a record Of
their conviction.
5th That the evidence wholly failed to
prove that any overt act of levying war had
been committed on Blennerhassetts Island
and hence no evidence could be received to
charge Colonel Burr, by relation, with an
act which had not been proved to have been
committed
The counsel for the prosecution did not
contend that the COmmOn-law rule above
referred to was in force in the United States.
But they insisted that, if permitted to pro-
ceed with the introduction of their evidence,
they would be able to show that Colonel
Burr had performed such acts as constitu-
ted part in the transactions on the Island,
relied upon as amounting to a levying of
war, and so made him a principaL actor
therein, independently of said common-law
rule, although not personally present at the
Island. They relied upon the doctrine laid
down by the Supreme Court of the United
States, in the case of Bollman and Swart-
won't (4th Branch, in these words.
at is not the intention of the Court to say that
no individual can be guilty of this crime who has
not appeared i'll arms against his country. On the
contrary, if war be actually levied that's, i body
Of men be dct,uV assembled for the purpose Of effect
ing by force teasoadbe object all those echo perform
dny part, hOlCecer minute hOceCer remote from H
Of action and ,ohO are actually edg,ted Ia til,
general cospiTucy are to be considered as traitors
They draw a distinction between such
acts, performed by an absentee, as are pure
" accessOral in their character as for III
stance, merely advising and inciting others
to levy war;, and such auxiliary acts as
) constitute part in the war levied by them
They admitted that he who merely advises
incites, and instigates others to levy wal
against the Government, without himself
: performing any OUert act Immediately anci
t liary to the war levied by them. cannot be
guilty of treason under our Constitution
although he would be guilty in England by
virtue of the common-aw rule above men
toned But they insisted that, if permit
, ted to proceed with the evidence, they would
be able to show that Colonel Burr had done
much more than merely to advise and in
! stigate the alleged reasonable assemblagt
on Blennerhassett's Island that he had not
only procured that assemblage, but had act
ually provided and furnished all the mean!
to be used by the insurgents in levying anG
carrying on war against the United States
In other words, they insisted that they
would be able to prove that Colonel Bur-
had performed such 0uert acts Immediately
anciliary to the war levied ON the Island