The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-03-28

the Jury, and Especially the feditiou law.
Mr.. Raqvie. do not recolect that he did.
MIR. Hartcr. Did he fay that he diiapproved
of the conduee of the former circuit court in
permitting the ftatutes of Congrets to be read.
Mr.. Razule. He did not. l never heard any
fuch expreilion from judge Chafe in relation to
the fatutes.
Mr.. Harper. Have you the paper in your
pofefion which was thrown down on the
table:
Mr.. Razvlr. have it in my pocket.
Mr.. Harper. Will you pleaie to produce
it?
Mr.. Razvit. This is it, (handing it to MIR.
Rarper.)
Mr.. Harper. Do you know in whole hand
writing it is
MIR. Razvle. In that of the afliitant clerk of
the court--Mr. Bond.
MIR. Harper. We will offer this paper in evil
dence.
Mr.. Harper then read the faid paper as fol-
lows, being exhibit No.. ..
"The prifoner, John Fries, tands indicted
for le7yinS guar aganit the United States.
"This eorRitutionai definition of tyea/on is
queltion of iaev Every proportion in any fla
tute (whether more or lels difinS-whether
cafy or difficult to comprehend) is always a
queltion of iazv.
"What is the true meaning and true import
within the ftatute, is a quefton of kazv and not
of taf. The queRion in an Indictment for Le-
q,yiHg qunr againn (or adherine to the enemies
of the United States, is sswhether the fails
Rated, do or do not amount 70 ieq,ring zuar"
1t is the duty of the court in this. and in all
criminal cafes, to fate to the Jury, their opui-
on, of the law arihng on the facts; but the Jury
are to decide on the prefeut, and in all criminal
cafes, both THE La7v and The facts on their conf
Iteration of the aUbole cafe.
"The court heard the indictment read on
the arraignment of the prifoner, fome days pat,
and jult now on his trial, and Shey attended to
the oqerf ais ltated in the Indictment
4" II is the opinion of the court that any infur-
reet;on or riGng of any body of the people,
within the United States, to attain or effect, by
force or Viohuce any Object of a great public
nature, or of public and general (or nationaD
concern, is levying war againit the u. States,
within the contemplation and contribution of
the contribution of the United States.
con this general petition, the court are of
opinion, that any fuch infurre6tion or rifng to
ref't or to prevent by force or violence, the ex-
ecution of any ftatute of the United States, for
erying or collecting taxes, dpties, impoRs or
excites; or for calling forth the militia to exc
cute the laws ofthe union, or for any other pur-
pole (under any pretence, as that the itatute
was unequal hurthentome, opprefive, or un-
contitutionaD is levyng war againft the Unit
ed States, within the contribution.
"The reafon for this opinion is, that an infur-
recion to reiift or prevent by force the execute
on of any fatute, has direct tendency to diff
folve al the bonds of focety, to deitroy all or
der, and all laws, and ALTO all fecurity for the
hives, liberties and property of the citizens of
the United States.
"The court are of opinion that military wea-
ponS Gas guns and fwords, mentioned in the in
dittment) are not necefary to make fuch infnr-
rection or riling amount 20 levying war, becaufe
numbers may fupp!y the want of military wea-
pons; and other infrumeuts may effect the in
tended mitchell. The legal guilt of levying war
may be incurred without the ufe of military
weapons or military array.
The court are of opinion, that the attending
bodies OF men, armed and arrayed in a warlike
manner, for purpofes only of private nature is
not treafon although the judges, and peace
officers fhould be infulted, or reiifted or even
great outrage committed to the perfons and
property of our citizens.
GO The true criterion to determine whether
acts committed are treafon or lefs offence
as riot is the quo amino the people did af-
fembie. When the intention is universal or ge-
neral, as to effect fome object of general pub
lie nature, IT will be treafon, and cannot be con-
fdered, confirmed, or reduced TO a riot. The
OF any NUMBER or TSlOnleS, rlOtS or
other miidemeanors, cannot alter their nature,
10 as to make them amount to treafon and on
the other hand, if the intention and acts combin-
ed amount TO treafon, they cannot be funk down
TO felony or riot. The intention with which
any acts Gas felonies, the deftru6tion of houfes,
or the like) are done, will fhew to what clafs of
crimes the cafe belongs.
"The court are of opinion that if body of
people conipire and mediate an iTfurre6tion, to
reflt or oppofe the execution of any ltatute of
the United States by force, that they are only
guilty of high mifdemeanor; but if they pro
coed to carry fuch intention into execution by
force, that they are guilty of the trealon of le-
wing war, and the quantum of the force en-
ployed, neither lelIens nor increafes the crime {;
whether by one hundred or one thoufand per-
fons is wholly immaterial.
"The court are of opinion, that combina-
ton or confpiracy to levy war againlt the Uni
ted States is not treafon, unIefs combined with
an attempt to carry fuch combination or con-
fpracy into execution; fome actual force or vi
olence muf be ufed in purluanee of flcb defign
to levy war, but that it is altogether immateri-
al whether the force ufed is fuficent to effectu-
ate the Object; any force, connected with the
intention, will confitute the crime of levying
war"
Mr. Harper. I will ak you one quenion.
Do you recolled whether, after the verdict of
guilty was brought in againf John Fries, the
court gave him information of his right to make