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 6
... only guilty of a high misde- meanor ; but if they proceed to carry such intention into execu- tion by force , they are guilty of the treason of levying war ; and the quantum of the force employed neither lessens nor increases 6 '
... only guilty of a high misde- meanor ; but if they proceed to carry such intention into execu- tion by force , they are guilty of the treason of levying war ; and the quantum of the force employed neither lessens nor increases 6 '
Page 15
... tion , in criminal cases ? The United States must possess the common law themselves , before they can communicate it to their judicial agents . Now , the United States did not bring it with them from England ; the constitution does not ...
... tion , in criminal cases ? The United States must possess the common law themselves , before they can communicate it to their judicial agents . Now , the United States did not bring it with them from England ; the constitution does not ...
Page 20
... tion can be taken in his favour on his trial ; that they do not mean to deny that he was not then ( when the overt acts were committed ) in that country , where the scene of action is charged ; but that this is immaterial , he must ...
... tion can be taken in his favour on his trial ; that they do not mean to deny that he was not then ( when the overt acts were committed ) in that country , where the scene of action is charged ; but that this is immaterial , he must ...
Page 33
... tion to commit treason ? The jury are legally authorized to draw inferences from facts proved to them . This would pro- duce an essential difference between their conclusion and what the counsel for the accused wish to consider as ...
... tion to commit treason ? The jury are legally authorized to draw inferences from facts proved to them . This would pro- duce an essential difference between their conclusion and what the counsel for the accused wish to consider as ...
Page 40
... tion of this case satisfies me that it cannot be used as an autho- rity for this purpose . The fact is , that he was indicted for levying war in the usual way , and though not present when the city was taken , he was there in a short ...
... tion of this case satisfies me that it cannot be used as an autho- rity for this purpose . The fact is , that he was indicted for levying war in the usual way , and though not present when the city was taken , he was there in a short ...
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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.