The Wheeling repository — Wheeling, Va. [W. Va.], 1807-11-26 00:00:00, page 4

son cr.n he sal;! to have been committed
either Ly .A, B, orC, in ?*Iarvland, nei
ther could the act ^)i A and H in Penn
sylvania, be const red as an overt act
o: levying war, by C, who was never in
that stair, nor could it be given in evi
dence, against C, in Maryland, for the
reasons before mentioned. How then
can C be found guilty of treason in levy
ing war against the United Stat -s? Cer
tainly, oniy by overleaping the limits of
the constitution, and referring a fact
committed by A and !i in Pennsylvania,
to C, in Maryland, in order to convict
C, in Maryland, oi lev' ing war against
the l. nited Slates in Maryland, when
no war was ever h\:. !, or in Pennsyl
vania, where C never was.
1., in the cases hr re supposed, it
ahnli appear that the doctrine of con
s e treasojis cannot stand the te st
oi the led’ rai constitution, mav \\ e not
conclude, that the prep ; infeimce is,
that no other < a*t xvhutv.cvrr, except
those twoy which are expressly created,
defined, and limited by the constitution,
curat to be deemed treason against
the United States?’*
I design in another essay to submit
some remai ks, to prove that no one opi
•' v’c,r< y judg Ma hail, rt
stri tt the law cd treason within such
narrow linens as is ccrtteiuled lor l>y this
able judge. I wil] in the nn ar.r ime ob
aei v , that judge 1 ucker is a man oi
?P-’ n ii;l tol< nt and unsullied inttgritt ;
t is attached t i nt !
ue 'ration, and is a person: ! fti nd <1
Mr. j fferson. U amii.lus.
1 A' TE LI / ■. I ML.
RlSTVTiF \:.( i.S \ T H A 1 T I MOR F..
i- he iollowiny ac< (;untol -o:m- late*
disl'ir!-.nicer, at Haltimaix, eoldet. I h\
.a correspondent, we have compared
v,idi D iliimore p .p is. Imky. ndomlv
td * •* >’ i' d n.:t r of 11)r nan it:v. ,
v. e .#• li' vt u - j.f is ur i roily corr edv
flat*, d.
2< ’ • anJ t i. , f 1 • t the l.i .w,
' Wn.r*: ‘i • n t*> . d :ior ■ niij v rs,
t:.,V »' n r it' t .1 i> a . ,i ss i, if/ ti. f
dll d. • jn Ip • w i j i !•'. d t>, rn% i;ij j, j.
th Martin, who
:t!l ‘t 1' n,, ) !>;■ a In oup u t > ■ ..id./n
J o ’.shill. it. 11 . . nis ‘ll la <a }’_•.• j.m
O. |1 ! l')!S OH F, id , pill l
*»**•* \ C J«1 i Ji Un 1 a VV ij ol* the
country, and understanding from news
papers, that these laws had been tram
pled upon and evaded at Richmond ;
seeing also from the President’s mes
sage, that Congress were required to
examine into the subject ; they deter
mined to be beforehand with the consti
tuted authorities, and on Tuesday the
M inst. met together,and formed a court
lor the ti ial, not only of Burr and HI n
nerhasset, but also of judge "Marshall &
Luther Martin. The proceedings of
this court, which consisted chiefly of
good and lawful men, selected from what
is called the Rabble ot Baltimore, but
n< ither tried nor sworn, as is the case in
other courts, were much more prompt
ar. i energetic than the late proceedings
at Richmond. The public nroseeuim
no sooner exhibited his charge, which
was done \ iva \oce tor fear a slip might
!>e made in a I -rmal indictment, than
iM*e court procetd l, without even wait
ing tor the imp'jrt'.mt of lien.
Wilkinson, to pronounce the accused
guilty, and award execution against
them. Jt was adjudged by this august
tribunal, that aii the persons accused
"■hould th.it same evening be burnt in ef
figy on gallows hill, li was further ad
judged that I.other Martin, the onlv one
ot tin accused within reach of the pro
cess of the court, should be sic zed and
tarred and f< uthcred. And to furnish
to the court > ol law a proper example of
ih zeal with which they should prose
CM an l punish p. rsons accuse d ot trea
son, it was determined that the mem
v t-> of the court, them elves, would of
f> ntc as pu lie t xecutioners, an l pro
t e- d tc» t \c utc the aforesaid sentence
:u four o’clock i i tlv- afternoon; and
p\*t>:c notice wa. given accordiu ’v.
i'-.it it s * ins t ::,t on judge Dors v,
i K i;i <-t th ■ coujl oi com i non » lea?
i t 1'iltii.ior , and one T.i oroaji od
Smith, m »yor o! tu • s.ii 1 ;o‘ n, no «• ton
er hear 1 oi tin* prompt an l patriotic
pr .cerdings of :his*n v. iv rec.t'- l . ,ort,
to Uj t i y hecame j ntlo is of their i ? -
V1'' l‘v' prerogatives. Tiny t< ok a no
tion that th y were c xciusiv ■ keep -rs of
i ie tu: Dpi • <■ g it*- to tlie fallow,, and
t i.u n > • i o »f-V to tram 1 that i ;d
p c rn.e ;t, wil l nit a p ,r,s,'<nr ! ,
otie oi iii n. i’hev mew al-»o ; .a; they
‘i1 l s pr i m l the th > ith
many io;; j yriei! • an l imnuinii
nat t'l • p /of aavdtn .i was si ,w,
*"< I ii v- •, and uncertain. Th. V her •
; th r r; j ;1 ns o! J11 • ch ap, - Hi ui
|( u?> * l vi,, iivj. proceeding, of the
new court, and were exceedingly alarm
ed L-.st it should draw all criminal busi
ness into its own vortex, and leave them
like the sixteen Federal circuit judges
without either business to give thuin
consequence, or salaiics to buy them
bread. A ctuated by these motives, they
immediately betook themselves to ex
postulating with the new judges, endea
vourin’ to persuade them to resign their
commis .ions, dissolve tin ir court, and
leave t . ir sentence unexecuted. But
the new ju iges, well aware that they
were excited uniy by jealousy, paid no
regard to their expostulations, and re
solved to use the gallows without their
consent.
I no said Horsey and bmith then be
thought thrrnselvi s of another expedi
ent. I h v applied to one John Strieker,
a g n is,i ol militia, to order out a troop
oi cavalry to aid the civil aiithoriti/, as
they implicit ntly called themselves, and
also to assist and enable Luther Martin
to r-s! t the process of the new court.—
1 his Stnc ker was a confederate of Dor
sey and Smith, and was apprehensive
that il the authorin' oi the new court
prevailed, they might tok a notion to
try him f r the sin oi federalism,or sonic
suc h ci ime. lie therefore complied with
their request. Two troops of horse were
ordered out for the protection of Luther
.Martin; in consequence of which the
order ol the court, to si-, zc: and tar and
leather him, could not be executed.
However, the new judges, with the if
president James Biavs at tluir head,
proceeded at lour o\ lock to execute the
*tlu r part of the sentence. The effigies
"t the criminals were placed in a cart,
drawn through tlv illuminated streets,
ioliowc l by an imrm use concourse of
judg'-s and juror-., to gallows hill, where
they w< to , \ccuted and burnt in due
i*>r’n of law.
It appears that tlie members of the
v court wt r- exect-i inHv indignant,
; i: 11 til’- i xerutionol t e ir process against
I-’tti.cr IVfar'in had ben obstructed.—
I in y :tl fi■ thought of proceeding a
' iiii t Dors v, Smith and Strait- r for a
i »i.t r.ipt;1 it uppn. h-nsivc tl» it Strieker
’tii. .n I'-ain or I r out his troops of ca
valry, th vd t< rmi u d in tin first place
; > pas:; nt nre on this procci ding. The
• \v r >ar» was accordingly co.iv* ned at
a * i‘ ,i V on,o.i Sa urday the 7th inst#
v i th. . procec h d to i\ ioiw, “ That
"■ < ouduci of < > nni t civil officers in
! th i itv of Baltimo a,'1n ending out the
t military to suppress an apfrlhLhVLD