Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1805-02-27
GOV wDsfsDArs pLEAsANrs lgs1aa pr

omces ne dfd, pursuant to the laws OF IN
u. States, preside at the above m entione,
trial, and was assisted therein by Richard
Peters, esq. then, and still district Judge
OF the u. States, for the district Of Penn
! sylvania; who, as direaed by the laws oil
the u States, sat as assistant Judge at the
7 said trial.
With respea to the opinion. which is
aliedged to have been delivered by this re
| spondent at the above mentioned trial, he
begs leave to lay before this honorable
court, the true state Of that transaction,
and to call its attention to some fa0s,
and considerations. by which his conduct
on that subject viii, he presumes, be fully
justified.
The constitution ofthe y. States, in the
third section of the third article, declares
that "treason against the u. States, shall
consist only IN iepying roar against them, or
10 adhering To their enemies giving them
aid and comfort.
by two aSs Of Congress, the FRS,
passed on the third day OF March, 1901,
and the second on the eighth day OF May.
1922, a duty was imposed on spirits dis
tiled within the u. States, and on still 5 !;
and varisus provisions were made for its
collection.
In the year 1894, an insurre6siou took
pace IN four OF the western counties of
Pennsylvania. with a view OF resisting,
and preventing by furce the execution Of
.hesc two statuiess and at circuit court
OF the U. States, held at Philadelphia, for
the dislrice Of Pennsylvania, in the month
of April, in the year 1855, by William
Patterson, Esq. then one of the associate
justices OF the supreme court Of the u.
States, and the above mentioned Richard
Peiers,then district judge OF the u States,
Tor the district OF Pennsylvania, two per-
sons, who had been concerned in the a.
bove named insurrection, namely Philip
Nigol and John mitchell, We're indichcd fo-
TREASON. for ievying war against the q.
States, by resisting and preventing by
force the exec utien of the two last men 4
toned acts OF Congress and were after
iall and very soien trial, convicted on the
indictments and sentenced to death. They
were afterwards pardoned by George
tWashlngtou then Presi dent Of the u.
States.
| IN the trst OK these trials, that Of Vigol,
the defence OF the prisoner was conducted
| by very able counsel, one of whom. vii.
Ean Lewis, Esq. Is the same person who
| appeared as counsel for John Fries, in the
! trial now under considsration. Neither
that learned gentleman. nor his able col
league, then thought proper to raise the
! question OF law, "whe her resisting and
preventing by armed force, the execution
OF particular law OF the u. States, be a
t"ieyying OF war against the II. States"
according 10 the true meaning cftbe con-
sttution although decision of this
question IN the negative, must have &C.
omitted the prisoner. But in the next tri-
al, that of Mitchell. this question was rails
cd on the part OF the prisoner, and was We
~ fully and ably discussed by his coup.
sci; and If was solennly determined by
the court, both the judges concurrinp,
!" that TO resist or prevent by armed force,
the execution ola particular law ofthe u. !
States, is levying of war against the u.
States, and consequently is treason With
in the true meaning of the constitution" I
The decision, according to the best es-l
tabiished principles of our Jurisprudence,
becarne precedent for all courts Of equal
orinferior jurisdiction; precedent which,
although not absolutely obligatory, ought
70 ne viewed with very great respect, es-
pecially by the court in which i, was made
and ought never to be departed from, but
on The fullest and clearest conviction OF
its inc rrcc,Dess.
On the 9th &c July, 1898, an ae of con {.
gress was passed, providing for valuali.
on OF lands and dwelling houses, and an
enumeration Of slaves throughout the IT..
States; and directing the appointment Of
commissioners and assessors for carrying
It into execution: And on the 4th Of Jn,
Iy, in the same year, direet tax was iai1
by another aet of Congress, of that date,
on the lands, dwelling houses, and slaves,
so TO be valued and enumerated.
In the months Of February and March,
! A. ID. 1899, an instruction took place in
the counties of Bucks and Northampton,
in the state ot Pennsylvania, for the puf-
pose of resisting and preventing by force,
the execution Of the two last mentioned
aets Of congress, and particularly that for
the valuation sf lands and dwelling hou- I
ses. John Fries, the person mentioned I
in the article Of impeachment now under \
loono;IoraffOr,- was apnre he ndrd and corn.