Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1805-03-08

Iohn Mitchell, were indicted for trea-
son, OF lesying war against the United
States, ~ resisting and preventing by
force the execution Of the two last mea-
toned acts Of congress; and were, af.er
I full and solemn trial, convicted on
the indictments and sentenced to death.
They were afterwards pardoned BY
Georgc Washington, then president Of
the United Statss.
In the FIRST ofthese trials, that Of Vi
goi, the defence Of the prisoner was con-
ductcdby very able council, oue Of whom, y
William Lewis, Esq. is the same person
who appeared as council for John Fries,
7 in the trial now under consideration.
Neither that learned gentleman, nor his
able colleague, then thought proper to
raise the question of law, !" whether re-
sis,ing and preventing by armed force,
the executing ofa particular law Of the
: United States be levying war a.
gainst the United States," according to
the true meaning Of the constitution ?
Although decision OF this question in
the negative, must have acquitted, the
prisoner. But in the next trial, that OF
Mitchell, this question was raised on
the part of the prisoner, and was very
fully and ably discussed by his counsel
and it WAS solemnly determined by the
court, both the judges concurring. - that
10 resist or prevent BY armed force, the
execution o. particular law Of the Unit
ed States, is a levying war against the
United States, and consequently 10 trea-
son, within The true meaning of the con-
situation. The decision according to
the best established principles Of our ju-
rispr,idenee, became precedent for all
courts ofequal and inferior jurisdiction
! precedent which, althoug n no, ALSO.
iotely obligatory. ought to be viewed
with very great respect, especially BY the
court IN which ~ vas made, and ought
never to bedeparfed from, but on the
fullest and ciearest conviction of its in.
correctness.
Ga the 9th Of July, l7se, an act, Of
congress was passed, providing for va.
laationef lands and dwelling houses, snd
an enumeration Of slaves throughout
the United States; and directing the ap-
pointment Of commissioners and asses
sors for carrying itinto execution: And
on the fourth day of July. in the same
year, direct tax was laid by another
actof congress Of that date, on the lands,
dwelling houses, and slaves, to be valu-
ed and enumerated
In the months Of February and March.
A. u. 1899, an <insnrrection took place
the counties Of Bucks and Northamp-
ton, in the state of Penns, lvania, for
the purpose Of resisting and preventing
by tores The execution Of the two last
mentioned acts Of congress, and par,icu-
LARRY that for ne valuation of lands and
dwelling houses. John Fries, the per-
son msnit1aed in the article Of inpe., h.
Inent now under consideration, was ap-
prrhen!ed and COMMITTED 10 prison, a.
one OF the ringleAders OF this ins urrecti-
on and at ctrcuit court of the United
States, held at Philadelphia, in and for
the district of Penns yleania, in the month
of April, 4. D. 1899, he was brough. to
striat tor this offence, on an indictme nt
for TREASON by ievting war against the
United States, before James Iredell,
Esq. thenore Of the associate justices of
the supreme court Of the tinted States,
who presided IN the same circuit, acesrs9
ding 70 law, aud the abovsmenti oned
Richard Peters, then district Judge of
the United States for the state OF Penn
SYlYania. who sat in the said eirrnit
court as ASSISTANT judge.
In this trial, which was conducted !
with grea, soIemnity, and occupied nine
days, the prisoner was assisted by Will .
liam lewis and Alexander James Dali ,
las, Esqrs. two very able aud eminent {
counsellors the former Of whom Will /
am Lewis, isth@ person who assisted az ,
aforementioned in conducting the de-
fence Of Vigol, on similar Indictment.
These gentlemen, finding that the facts
alledged were fully and undo ia5!y prov,
- ~ = s.arS, ata,,,. AL Il