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 ; in the Circuit Court of the United States, Held at the City of Richmond, in the District of Virginia, in the Summer Term of the Year 1807, Volume 2Hopkins and Earle, Fry and Kammerer, printers, 1808 - Burr Conspiracy, 1805-1807 |
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Page 11
... Hale , page 141 , the indictment was principally founded on compassing the king's death , and yet the overt act laid is assembling to levy and actually levying war ; page 144 , there was actual marching in a warlike manner . All the ...
... Hale , page 141 , the indictment was principally founded on compassing the king's death , and yet the overt act laid is assembling to levy and actually levying war ; page 144 , there was actual marching in a warlike manner . All the ...
Page 12
... Hale conceiveth will not amount to treason . " Foster , Hale , Hawkins , Coke , Ke- lynge , Reeves and all other writers , you will find concur in proving , that not a single indictment for treason in levying war has ever been carried ...
... Hale conceiveth will not amount to treason . " Foster , Hale , Hawkins , Coke , Ke- lynge , Reeves and all other writers , you will find concur in proving , that not a single indictment for treason in levying war has ever been carried ...
Page 17
... Hale take up the doctrine and except to its general import ? He was known to understand it well , and he has distinguished be- tween accessorial and other treasons and explained the ne- cessity of attending to the distinction in ...
... Hale take up the doctrine and except to its general import ? He was known to understand it well , and he has distinguished be- tween accessorial and other treasons and explained the ne- cessity of attending to the distinction in ...
Page 20
... Hale , page 238. I have not gone beyond the State Trials , but I have undertaken to say , by taking cases occasionally and from dif- ferent books , that in all of them , where the treason is of an accessorial nature , the manner of ...
... Hale , page 238. I have not gone beyond the State Trials , but I have undertaken to say , by taking cases occasionally and from dif- ferent books , that in all of them , where the treason is of an accessorial nature , the manner of ...
Page 42
... Hale seems to say the contrary . Mr. Wickham says , that in this particular case , the acts of congress are to govern , and that the common law is to have nothing to do with it . Some- times we are told that the common law is to govern ...
... Hale seems to say the contrary . Mr. Wickham says , that in this particular case , the acts of congress are to govern , and that the common law is to have nothing to do with it . Some- times we are told that the common law is to govern ...
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Common terms and phrases
Aaron Burr accessorial agent accused act of congress act of levying act of treason actor actually levied admitted amount to levying answer argument arms assemblage assembled attorney authority bail Blannerhassett's island Botts capias charge colonel Burr committed common law compassing considered conspiracy constitution construction contend conviction counsel crime criminal death decide decision declared defence dence district doctrine evidence extrajudicial fact felony Foster gentlemen Hale high treason indictment innocent insisted intention Israel Smith jury justice king king's laid letter levying war means ment military misdemeanor motion murder necessary never nolle prosequi object offence opinion overt act party person present president principal prisoner procured produced proof prosecution proved Pudsey punishment purpose question respect Sanchor shew shewn sory statute sufficient suppose supreme court testimony thing tion traitor trial tried United verdict violence Wickham witnesses Wood county words
Popular passages
Page 440 - That all the before-mentioned courts of the United States shall have power to issue writs of scire facias, habeas corpus, and all other writs, not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the principles and usages of law.
Page 189 - 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 453 - 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 440 - 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 43 - Thus saith the Lord , Hast thou killed , and also taken possession ? And thou shalt speak unto him, saying, Thus saith the Lord, In the place where dogs licked the blood of Naboth shall dogs lick thy blood, even thine.
Page 95 - ... 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 49 - 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 95 - It wears no guard before its breast. Every door, and portal, and avenue of the heart is thrown open, and all who choose it enter. Such was the state of Eden when the serpent entered its bowers. The prisoner...
Page 94 - 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.
Page 151 - It is, therefore, more safe as well as more consonant to the principles of our constitution, that the crime of treason should not be extended by construction to doubtful cases ; and that crimes not clearly within the VOL.