The Trial of Col. Aaron Burr on an Indictment for Treason: Before the Circuit Court of the United States, Held in Richmond, (Virginia), May Term, 1807 : Including the Arguments and Decisions on All the Motions Made During the Examination and Trial, and on the Motion for an Attachment Against Gen. Wilkinson, Volumen2

Westcott, 1807 - 418 páginas

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Página 426 - purpose of effecting by force, a treasonable object ; all those who perform any part, however minute, or however remote from the scene of action, and who are actually leagued in the general conspiracy, are to be considered as traitors." . The Court which gave this opinion, was composed of foui Judges. At the time,
Página 435 - assemblage in some degree adapted to the purpose. An assemblage to subvert, by force, the government of our country, and amounting to a levying of war, should be an assemblage in force. In a subsequent paragraph, the Court says, ". It is not the intention of the Court to say, that no individual can be
Página 442 - acts are proved. That clause in the Constitution too, which says, that in all criminal prosecutions, the accused shall enjoy the right " to be informed of the nature and cause of the accusation;
Página 432 - done, by taking arms not only to dethrone the king, but under pretence to reform religion, or the laws ; or to remove evil counsellors ; or other grievances, whether real or pretended. For the law does not, neither can it, permit any private man, or set of men, to interfere forcibly in matters of such high importance.
Página 439 - with that which had been, exhibited before the Supreme Court ; and he was required to give an opinion in almost the same case. Upon, this occasion he said, " War can only be levied by the employment of actual force. Troops must be embodied : men must be assembled in order to levy war.
Página 433 - they are only guilty of a high misdemeanor ; but if they proceed to carry such intention into execution by force, that they are guilty of the treason of levying war ; and the quantum of the force employed, neither increases nor diminishes the crime ; whether by one hundred or one thousand persons, is wholly immaterial.
Página 461 - no such testimony exists. If there be such, let it be offered, and the Court will decide upon it. The Jury have now heard the opinion of the Court, on the law 'of the case. They will apply that law to the facts, and will find a verdict of guilty or not guilty, as their own consciences may direct.
Página 457 - criminality of the previous conspiracy, but on the criminality of that assemblage, if those who perpetrated the fact be not traitors, he who advised the fact cannot be a traitor. His guilt then, in contemplation of law, depends on theirs ; and their guilt can only be established in a prosecution against themselves. Whether the adviser of this assemblage be
Página 460 - denominated the world, he merits the contempt as well as the indignation of his country who can hesitate which to embrace. That gentlemen, in a case the
Página 455 - of actual presence, the Court is of opinion, that if this be admissible in England on an indictment for levying war, which is far from being conceded ; it is admissible only by virtue of the operation of the common law upon the statute, and therefore, is not admissible in this country, unless by virtue of a

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