Reports of the Trials of Colonel Aaron Burr: (late Vice President of the United States,) for Treason, and for a Misdemeanor, in Preparing the Means of a Military Expedition Against Mexico, a Territory of the King of Spain, with Whom the United States Were at Peace, Volume 2
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accessory according accused actual admitted advised amount answer appear apply argument arms assemblage assembled authority believe called cause charge colonel Burr committed common law considered conspiracy constitution construction contend conviction correct counsel court crime death decide decision defence distinction doctrine effect England established evidence examine exist expressed fact felony force gentlemen give given guilty Hale indictment innocent intention island issue judge jury justice king king's laid letter levying levying war manner marching means ment motion nature necessary never object observed offence opinion overt act particular party person position present principal prisoner procured produced proof proper prosecution proved punishment question received referred respect rule sense shew statute sufficient suppose supreme court taken testimony thing tion traitor treason trial tried true United violence whole witnesses
Page 199 - On the contrary, if war be actually levied, that is, if a body of men be actually assembled for the purpose of effecting by force a treasonable purpose, 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.
Page 495 - State where he may be found, and agreeably to the usual mode of process against offenders in such State, and at the expense of the United States, be arrested and imprisoned, or bailed, as the case may be, for trial before such court of the United States as by law has cognizance of the offense.
Page 97 - No more he enjoys the tranquil scene: it has become flat and insipid to his taste. His books are abandoned. His retort and crucible are thrown aside. His shrubbery blooms and breathes its fragrance upon the air in vain; he likes it not. His ear no longer drinks the rich melody of music: it longs for the trumpet's clangor and the cannon's roar.
Page 481 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Page 96 - Possessing himself of a beautiful island in the Ohio, he rears upon it a palace, and decorates it with every romantic embellishment of fancy. A shrubbery that Shenstone might have envied blooms around him. Music that might have charmed Calypso and her nymphs is his. An extensive library spreads its treasures before him. A philosophical apparatus offers to him all the secrets and mysteries of nature.
Page 445 - But if he have no choice in the case, if there be no alternative presented to him but a dereliction of duty or the opprobrium of those who are denominated the world, he merits the contempt as well as the indignation of his country who can hesitate which to embrace...
Page 97 - Peace, tranquillity and innocence shed their mingled delights around him. And to crown the enchantment of the scene, a wife, who is said to be lovely even beyond her sex, and graced with every accomplishment that can render it irresistible, had blessed him with .her love, and made him the father of several children. The evidence would convince you that this is but a faint picture of the real life.
Page 405 - It is not the intention of the court to say that no individual can be guilty of this crime who has not appeared in arms against his country. On the contrary, if war be actually levied, that is, if a body of men be actually assembled for the purpose of effecting by force a treasonable purpose, 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.
Page 153 - ... should be ordained by general laws, formed upon deliberation, under the influence of no resentments, and without knowing on whom they were to operate, than that it should be inflicted under the influence of those passions which the occasion seldom fails to excite, and which a flexible definition of the crime, or a construction which would render it flexible, might bring into operation. It is, therefore, more safe as well as more consonant to the principles of our constitution, that the crime...