to the rules of reason is this moral right is this a mean of preventing treason or rather is it not in truth a direct invitation to it sir it is obvious that neither reason nor moral right require actual presence at the act to constitute the crime of treason put this case to any common man whether the absence of a should him from punishment for the crime which he has excited his agents to commit and he will instantly tell you that he deserves infinitely more severe punishment than his instruments there is a moral sense much more in questions of this sort than the of chap xiv s speech or philosophers and no man of a sound mind and heart can doubt for a moment between the comparative guilt of the prime of the whole mischief and of the poor men on s island who called themselves s men in the case of murder who is the most guilty the ignorant or the abominable the decision of the supreme court sir is so far from being on the ground of reason and moral right that it is supported by their most obvious and palpable give to the constitution the construction for on the other side and you might as well the crime from your criminal code nay you had better do it for by this construction you hold out the of to the most dangerous men in the community men of ambition and talents while you loose the vengeance of the law on the comparatively innocent k treason ought to be repressed i ask you who is the most dangerous and the most likely to commit it � the mere instrument who applies the force or the daring elevated genius who the whole plot but acts behind the permit me now to bring mr to england sir the decision of the supreme court is equally supported by the law of england x but to gratify them let us put aside what will they say to lord hale did any angry and savage passions his bosom or the horizon of his understanding on criminal law no sir no spot ever soiled the holy of his office mild patient benevolent � peace in his breast with a mind beaming the of noon day and with a s soul he sat on the bench like a descended god yet that judge has laid down the doctrine for which i contend in terms as distinct and emphatic as those of lord in � but if many e to or or it and one of them doth the fact upon that or conspiracy it is treason in all and they may be all for generally within this for in such case in treason all are it is that judge has very discussed this subject and the doctrine that all are i admit the truth of all the which the counsel for the have pronounced upon that gentleman he has all the illumination of mind and all the virtues of the heart which those gentlemen with the view of the weight of his authority have been pleased to to him what they have said of him from policy i can say of him from my heart for i know it to be true yet give me leave sir very briefly to examine his argument upon this subject qui object is to prove that the position that in high treason all are s speech is not law in england the mode which he to prove his point is this he all the authorities which have supported this doctrine and tracing it up with patient and laborious perseverance with the ere he finds the first spring in the reign of henry vi that case is reported in the year book hen and is very nearly as stated by mr from it is the case of a man who broke prison and let out says it was treason the year books merely say that he was drawn and hanged a sentence in those days when the notions and punishment of treason notwithstanding the of edward remained still unsettled is no very proof that his crime was treason x x f f the gentleman next tried the case of sir s as they are represented as a s head by judge not as an illustration of the law but by way of exciting oar horror against a corrupt judge we do not rely upon the of that case what can be the motives which the gentleman had in view in reading this case with a countenance and of such peculiar pathos was it to excite our sympathies under the hope that our apprehensions and feelings when once set afloat might for the want of some other living object be graciously transferred to his it was with the same view i presume that the gentleman gave tm the pathetic and affecting story of lady as it is touched by the elegant and delicate pencil of it was with the same views also that he from the same author the deep and bloody horrors of a and a sensible that there waa nothing in the virtues of his or in this cause to interest us he borrowed the sufferings and the virtues of a and a lady to our affections and set our hearts a bleeding hoping that our pity thus excited might be transferred and attached to his i hope that we feel as much horror at the infernal of judge and the and tyranny of judge as they or any other gentlemen can feel but these cases do not apply to merciful and judges we cannot think it very complimentary or respectful to this court to such cases they seem to be held up in from an apprehension that their authority would be admitted here but w apprehend no such consequence but he says that since the revolution of the british have leaned the other way and 