The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-09-19


levy war, and Joae OF them DO levy, The fame
according TO the confpiracy, this is high trea
i0n mai, for in trcafon al are principals snt,
war Is lcvied." Inft. 9. In page I6 he favs.
that although the Ratutc of Mary which f,n
made counte,fc'ing :he privy hene, or fgn ma.
nuel, high treafon, fly, nothing cf ad,rs or
coHientt.S, eyer they are '.ithin the purview
OF this itatute, fer there be no aeee5rieJ in hiyb
treG|o~." So alto in page 2l, he fay, IS In
h'gt ireaion there is no acceforics but ali he
principals; and therefore, whatever act ar con
tent VIII make a man acceiio'y to felony he
tore the act done. will make him principal IL
h'gh 'reaton." In page 1873 he fivs, " il 10
fure rule in lSw that III alta pyoditione nNiuJ DO
re aeeefariSJ FED principals /oiln1 ,,odo -
nd IN illunration of the rule he put, This cafe
+" 1t any man commit high treafon and thereby
bccomeih atraitor, if any other man k,ow-
. ing him to be traitor, doth receive, comf,r,
and I'd him, he is guilty OF ,rea(on. for thar
there be no accsfIory in high treaion." The
gentleman, indeed, admit that accoriiu;. to
Coke's authority, their client although abfent
| night he principal in the ACT of treafon. But
Ioke, they lay, had no bowels he was hard
| hearted and cruel his Thrift for blood was 70
great that 1t mifed his understandings Cox,
! however, DOES not fate the petitions which
have read, on his own authority on the con
'rary he cites in the margin the authorities on
|
| respectable authorities they are. But to prati-
~ the gentlemen let us PM Coke Aide: What
VIII they lay to Lord Haze? Did any farce
! ana iaVaee pailions agitate his breatt or darker
TIVE horizon OF his understanding O no. FIR :;
no ipot ever foiled The holy ermine of his Office !;
mid, patient, benevolent halcyon peace in
! ms oreait, with mind beamne the effulgthc
OF noon-day, and with fcraph's foul, lie fat
upon the bench-like defended God Yet
I ndCPh 1cl laid IL a..
l coVtend, in terms as diliuet and emphatic as
tHo'e o Lord Coke.-Htre Mr.. Writ read
II les Hin. Pleas OF the crown, GA, ase, sas
| 32S, 6l5--Hlwkns and Foiier iupport the
tNme doctrine l Hawk. oh. II, fec. 50, 6
Hawk. CHI. %, fec. 9. Fofrr 34l.
admit that Jsdge Tucker has combated the
doctrine that in treafon all are prIncipals.-I adj
mt the truth of all the encomlums which the
council for the defendant have pronounced on
! that gentleman. He has all the illumination of
mind and all the virtues of the heart, which
they, with the view of enhancing the weigh,
OF hi: authority, have been pleaied to afcrihe
! to him. What they have faid of him, from DO
| icy, can FAY of him, from my heart, FIR /
know it to be true. Yet give me leave, fir, to
examine very briefly, his ar.ument upon this
iubject. His object is to prove that the pofiyi
on Sin high treaion all are principals" is not
law in England. The mode which he adopts
|
| thorics which have fupported this doctrine,
aud tracing itup. with patient and laborious
perseverance, with the view, petere .fonfeJ, he
finds the firit fpring in the reign of Henry the
9th. That cafe is reported in the year book
]. Henry 6, S, and is very nearly as ltated by
MIR. Tucker from Stanford. Il is limply the
cafe of a man who broke prifon and let on,
traitors.-S Stanford fays it was adudged pc
TIT tr, Atom; the year book merely fays that he
| fivn,r Il
| thoie days when the notions and punfhment of
'reafon, (aotwithfanding the Ratute of Edwd.)
remained fill un!etted, is certainly nc very un-
! equvocal proof that his crime petty treaion.
Mr.. Tucker thinks this cafe not correctly report.
FED, and that the grounds ofthe judgment feem
| not well undrr1ood. 1t is TO b. rcco!le Eted
however, that thefe year book, as we are told
| by B'ackitone, feive as indices to the records
in the tevcrai offices in Wefminiter; Coke,
| then, Hale, Hawkins, Folfer and all thofe au-
| thors who have relied on this cafe as eltah.h-
ing the doctrine in queR on, guided by the
marginal reference in the year book, had it in
| their power to examine the whols, original re-
cord IN the cafe, and thereby TO undcrf md the
| entire grounds on which that cafe proceeded.
From their great induArv s. heir prod gous re.
iearch, there can be doubt that they did 70, &
that they have therefore itated the principles
| OF this cafe correctly. Chief Juiice Huifey in
VIC I1Sbiy Tue I'm 10, ABOUT UXly Years at ct
the frft decifon, and conf quentiy with much
better means of understanding its nature, extent
and boundaries than We can pollcis, refers to ii
as aiiertng 1.-THE doctrine that in treaion there
are no accefaries, but all are principals. Nor is
1t to b. believed that this doctrine originated in
the reign of Henry the 9th. The csref reported
cafe indeed which has cone down to US occur
red in the fit year of that reign. There is 40
thing, however,ir the manner of thereport WHICH
marks it as cafe OF the firit impreflion; on the
contrary the ienteucc ieems TO have been thing
CT courir, and the judges of that day appear,
in the lanrnagc of Backbone, to he merely pro
nonntiBE = immemorial cultom OF the land
The learned and laboriOus Hawkins fpeaking no
doubt, after the mott profound and ex'en-
five relearch, declares in a pail'sgc before cited,
that IL ieems to have been ne1sy doubfeG that ia
treaion all are principals. And mott certainly,
from very early period in the fifteenth centu-
ry to the preient day, that dottrise has not
been quslioncd in England. After fnch ldpfe
OF years and centuries, after fuch full and PR.
tel conitut and concurrence among ali The
judges aud all the writers OF England, it would
be bold in MS to FAY, that this is not lhe law Of
England and after all, the learned Judge Tug
ker refs the fabric Of his re7foning OH the ground
OF the mperfe G}ion Of the fri report an ohfts-
Gle which, however iniuperab,e to him, was
eaiiIy TO he lurmounted by tho!e great men who
had accef7 to the original record aud who ha-
ving that acCefs have affirmed that the cafe
juafie ihe doctrine which they advance. Let
ire conclude my remarks ON Indgs Tucker bv