Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-02-05
.idaAl magistrate, to obey its com.

= 81 II sfk
msnd, &c arres,
came committed by the person chsarg'
: ~ Probable cause, therefore, is Prooa,
.,',r rnst the crime has been committed
- Ia, person. Of this probabinsy, the
,r, or magistrate, issuing the warrant
most b. sa,lsEed BY facts supported ~ oasH
rotTrmaf.an. Inc facts therefore wh'cn
,a,ed upon oath, must induce rsa-
liable probability tha, all the acts have
h.rn done which constitute the offence
charged. 49,
committed is a questiospartly OF law ana
partly Of fact.
What acts constitute the crime is 9
question Of law.
Whether those acts have been done Is a
question Of fact.
The CRIME charged In the presea. case
Is treason agaipst the u S.
The question Of law -, what acts con.
s.i,a,e thar crime?
The Sd section Of the 81 ar,icle Of TIE
constitution CT ne L. S. says, that urea
son aeainsslhc u S. shalt cpas'sy ONLY III
! leyqiiesg oar sga'nst THEM, or IN adhey'R 6
10 their enemles, glying them aid and COM
fri"
As isis 20; centcndcd that the prison
ers are guilty under the second clause OF
the dsannlon; if guiI;y ar all, Il must b.
Of treason in levpiag soar against the U.
S.
To man CT plain understanding it
would seem 10 be matter of Little diff.
: sulty 10 decide what was meant 10 the
constitution by iesytug Of was bur the
suoslesiss OF lawyers sad jidsss, haven't
! sdsin times OF heat and u aIience, have
/ iuyolved the question Ia some OBSCURE.
A..
tits not mr. inteaiion, a, this tine, to
say how FAR the expression ought TO be Ii.
! m:ied, nor how far Is has been extsnded.
| X is however Ia be hopei hat VS. shall ne
yer in this country adopt the long lat Of
constructive trras0as Invented in Gagiaod
b, the worst OF Judges III the worst Of
aiaes. Ii is sufaclen, TO say thai the IN 2s:
comprehensive dthnttion Of lcs>isg wsr
sgaius; the kiLg, or against he q. S w. h
Eape sesn, reqalies al assen1!ase OF
r.en, ready 10 acs, aud VITA ltssa, 10
do some reasonable act, AMI armed IN
Ewar,lke naanaer, or else aass aib,ed in suea
naubefs as 80 supssssde The necessity of
|asms.
i The advocates for the prosecution have
d net. as understand, coAlended for a more
8 uplnnl,ed dsEniiion than Ia!s.
his unnecessary and perhaps would b.
Improper for me as this time 70 say fnore
on the qacstion of fact, than thar in nv
opinion, there is no probable Cause, sup
ported by oath or Affirmation, wi,hia she
msanag of the constitution, TO charge sl-
,hey DR.. Dol!man or Mr.. Svartoue wish
treason by levying waT aga,usr the United
States.
From some of the doctrines urged on
toe part OF the proarcutiou, must mos.
explicitly declare my dissent.
| cas- never agree that executive con-
nunlearions not on OATH or affirmation,
can, oeder the words of our constitution,
D, received as sufficient eyideace in 3
court OF justice. to charge mao with
usason, uach less to conmie hin for
HAL.
Ii such doctrines can be supported,
msre Us no necessity of a suspension
o. the privilege, of the writ Of Habeas
Corpus, by tbs authority Ofthe Legisla.
tore.
as tbs admitted ;t2s ssca Communi-
'sooas can not be evidence or the trial, <
san oPin'oa CO shat point therefore, can.
a0' be considered as preiedging any
question: which can occur r,a snbsee asns
sass ot she prosecution, have thought
roper to be explicit on thar point. 70
wave sa'd less, should have deemed a
Cessilcsion Of duty.
tAs Substance Of fudge BUCKETS
nv crf1Io1.