The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-02-19

the 25th Eds ard III, chap. =, declaring what |
alone lhoud in future lie Judged treafon, was
paftd. 1t IS perfectly clear that decidonS made
before that ta.ute, $50 years ago, when Eng
land, together with The reti of Europe, was ftiii
wrapped in tie deepei ,.ioom of ignorance and
barharifm /; VIXEN the iyilem of Engliih iurif-
prudence was ilill in its infancy when law, iuf-
tice and reaion, were perpetually trampled I'M
der footby feudal oppref'ior and feu,islanarchy;
when under AZ able and vigorous monarch, eve
ry thing was adjudged TO be treaton which he
thought Fit TO call 10, and under weak one,
nothing was coniidcreS rs treaiou which turbu-
lent, powerful, and rebelious nohles thought
fit to psrpetr2te isit perfectly clear that de-
ci'ions made d. iuch time, and under fuch
circumstances, oughtto DC received blythe courts
or this country as authorities to govern their de
c!ions, or lights to Guide the understanding Of
iuries? Isit perfectly clear that deciiions made,
in England, on the fiheSt OF treaton, before
the revolution OF l6ss, by which alone the bs-
lance ofthc Eugiiih contribution was adiutcd,
| and the Enghih liberties were hxt on a firm ha-
his; deciiions made either during the furious
civil wars, in which two rival families contend
cd for the crown when in the viciiheutles Of
war, death and conGication in the forms of law,
continually walked in the train of the vi6fors,
| and actions were treaConabe or prairr-worthy,
| according TO the prepondcrance of the party by
whole adhercnts they were perpctrated dur
| ing the reigns Of three able and arbitrary mo-
narchs, who iuceeded this dreadful conflict, and
| relaxed or invigorated the law of treafon, ac-
coriing to their anger, their policy, OF their ca
price or during thofe terrible itruggles between
| the principles ofhberty, not vet well defined
or underitood, on one hand, and arbitrary pow
er, inhnuating ititlf the forms of the con-
it'tutlon, on the other trugelcS which prefen
ted at fome times the wildeit anarchy. at o.
theirs, the extremes of icrvilc fubmi1ion, and.
after having brought one king to the fcaffod,
| ended in the sXpullion Of another from his
throne Is it clear that declors on the law
or treaion, made IN timesliketheic, oughtnot on
ly to be received authorities in the courts of
| this country, but ALTO to have great influence. nm
! their deciiions? Isit clear that decifonsmade
| III England, as TO what acts viii amount to levy
ing war againf the king, perfonaliy, and not 4
galnit hisgovernment, are applicableto the con-
itltution and laws of this country? Is it clear
that iuch Englfh dccions on the fuh;rtf of
treaion, as are applicable TO our contribution
and laws, are to be received in our courts. NOT
merely as the opinions Of learned and able men.
which may enliehten their judgment, bur az
authorities which ought to govern abfolutelv
their decihons lis all this 70 clear, that a
judge could not honeftly and fincerelv bav.
thought the contrary That he couisi nor
have expreiied an opinion to the contrary
without corrupt or improper motives2 IF
II be not thus clear, then mutt it be ,d-
mitted that this Respondent, fincerelv and
honefly, and in the beit of his judgment. con-
hdered theie devilions as wholly inadmifible.
or admiilible only for the purpoies and to tbe
exteAt which ne pointed out.
And he did 10 conider them, was it not his dptv
TO prevent them from being read to the Jury exco,
under thole renrictions, and for thofe nnr,oGsi
Would his duty permit him fit ilently, and fee the
jury impo!ea on and niifled To fit flentv and L.
book read to them as containing the law, which h.
knew did not contain the law Such filence would
have rendered him party the deception and would
have jsltly iubjeGtel; MIN to all the contumelv -
conicentious and courageous difcharge of his dn,
has 10 numerically brought his name.
With rei?ed to the itatutes of the United States
winch ne as charged with having prevented the pric
oners council from citing the orefaid trial he do
mes that he prevented any act of Congress from being
cited either to the court or jury, the fad trial. or
declared at any TIM, that he would not permit the
proners council to read to the iury or TO ,be con.
any act OF Congrefs whatever. Nor does he rener,'
Der or believe that he expreed on the faid trial a
dIiaPProbaon Of the conduit of the circuit coprt he
fore whom the faid cafe was f.a tried i,
the act OF Congreis relating crimes lef than tr
lon, commonly called the safios a to be read 70 ,b
jury. He admits indeed that he was then and 0;II
OF opinion, that tho fad act of Congress was who'll,
irrelevant TO the iue, in the trial of TohD Fries and
therefore ought not to have been read to the iprv or
| regarded by them. This opinion may be erro,enrs
but he truths that the following reaons on which !;
was founded, will be confdered by this bonoraLia
court, as efficiently firong to render it po(Eb and
even probable, that fuch opinion might be fnce-cl
ly held and honeGly exprefIed IN, That Conersf,
did not intend by the fedon law to define the rim,
OF trealon by evyng' war;" Trealon andlfedition arc
crimes very diitina i'll their nature and fube8 IN w.
different puniihments; the former by death and ,b
latter by fine and imprisonment. 2dly, The fed;.;or
law makes combination or conipfracy with ;r+a,.
to impede the operation of any law of the Tinted
States, or the adviiing attempting to procure an
inurreetron or riot, high mldemeanor punifhahI.
by fine and imprisonment but combination or COZ,
iPraey with intent to prevent the execution of law
or with intent to riie inurrecon for that nprpC
or even with intent TO commit treaon, is nor treaCo
~ levying war" againR the u. States, unlefs II he
followed ~ an attempt to carry fueh combination or
conPracy into ef-ct by actual force or violence asI
The contribution Of the United States is the
tai aud spreme law and having defined the Grim. Of
trealon Congreis could give any Legislative inter
probation expedition of that crime or of the part
OF the contribution by which it is defined 4tbv irbs
judicial authority of the United States is alone ve.
with power to expounS their contribution and laws
And this Respondent further anfweriny faith tba, az
ter the above mentioned proceedings had taken place
III the fad trial, it pofponed until the next d,v
"wednesday, April Esd, 1900; when at the rneetire'
OF the court, this respondent told both the above men.
toned council 70. the prfoner, tha; TO proven, ans,
mlund:ritauding Of any thing that had paed the day
before, he would inform tbem that although the co,r,
retained the fame opinion of the law, aring on the