Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1804-03-15
Doeunasnt


duct Of SAMUEL CHASE and RICHARD
PETERS.
CONTINUED.
9. But even if the English decisions and
writers are consideredas giving a construc-
ton, for our use, to the same words
employed in the statute Of EasD. tie Sd.
shey do not extends far, as to pronounce
an opposition to the execution OF a par
ticular law, to be treason, by lexyfng OF
war.
10. At common law there IS nota SIM
gle case, Of dictum to support such doc
srine though, indeed, in the reign f.zen.
8. rescue was made treason By a statute,
which was afterwards repealed.
4 b. com. SO. II. Under the statute
Ss. Is. of Edz0. 8. there have
1 Hale Is2 been,many wild construc-
H. 1s3. 4. tive treasons, by levying
Fost. 2s4 of war, of which Coke,
|. Fast SO. Hale, Blackstone, &c.
9. last. % 8 solemnly complain but
none, even lnthe bad times of the judicial
history of England, have gone 50 far as the
present case.
12. We cannot trace single instance Of
riot, il opposition to the execution OF
particular law, being prosecuted as trea-
son in England though the history OF
that nation abounds with such insurrec-
tions.
q St. TT. s44. The constructive cases
900. in England, turned up
on universally of object, in opposition to
the power of government. The case OF
Dammaree and Purchase was decided on
that ground for if the rising had been to
suppress all bawdy houses, it would have
been equally within the principle, as the RI
4. b. Gam. 81. sing to suppress all meet
/. HazOk. p. c. ing houses. So rising
s Oh. II. s. IS. to alter, or reform, reli-
gion, which can only be done by force on
the legislature, is treason.
But Lord George Gordoa's trial and
acquittal establish the doctrine, for which
we contend. 1t is true, lord Mansfield
there declares an opposition to the Mill
tia law, to be treason and to oppose the mi
litla is in effect, to oppose the power Of the
government: but we apprehend the rea-
son Of this is, because it IS IN effect, the
same to oppose the militialaw, as to oppose
the regular forces which has always been
held to be treason, and the expression used
by Lors, Mansfield is confined to an op-
position to the execution Of this particular
kind of law, and does not sxtend to any
others, as would, we think, have been the
case, had the rule been the same in other
cases.
5. That a new trial ought to have been
awarded.
/. After the jury were sworn, and the
evidence partly given, one of the jury Sc
parated from his brethren, and slept at his
own lodgings.
A67d. ofW. During this separation
Barnet. he conversed with one
person on the subject of the trial. de-
claring that the evidence of certain wit
ness went hard against the prisoner" and
AHTdavit Of beingtold byanother per-
Isaac Rough son, that he supposed
the evidence would gohard against Fries"
5. Hence, i'll the contemplation of the
law, he was committed by an expression
of his own opinion, and influenced by
the expression of the opinion of ano-
ther.
4. The law and practice Of Pennsylva-
MIA Gin the federal as we'll as the state
courts) have uniformly opposed the sepa-
ration St the Jury in a capital case, though
necessity has compelled an adjournment Of
the court.
Ca. Lit. 227. The laws Of Englandis
Hazuk. p. C. .premptory, that jury
3. 2. {. Us. ina capital case cannot
4. 9. q. 81. Com. be discharged without