Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-09-22
.oPINIoN
MoNDAy, August 81. !.
(coNTINUED.
OF The Court on the motion to arrest the
evidence. Delivered on

respects the merits OF the Case connec,sd
vita the plsadings, two Polots are also
made. $3.50,
LAT. Tha, tkis Indictment having charg.
ed the prisonrr with levy'ng war 90 biaa-.
nethasset,,s isIaod aud containing ne other
oye,t ae.,. cauoos BE- supported by proof
Thar war was levied a, thar place 6y other
n.,r.on,. 10 the absence of the prisoners
even admigtiog hose persons 10 De con !:
pecred with h,n 10 one ceuanon treasona-
bic conspiracy.
2div That admitting such an 'ndict-.
mr. az could b. supported by such e',ds nee,
,ha orry,ous coav.ciien OF some person.
VINO committed the act which IS ss'd 10
amouut 20 lrvyipg war. IS indispensable TO.
s,he conviction OF person who aop'sed or
procured that ACT.
AS 70 the frs point. the indictment con.
rains two counts, one ut which charges '1at
tie prisoner, w,h uumbEr- OF persons
,,Iknowp. levied war o. H,apnei hasset.'s
island. in ,he caun;y 1t w cd. IN The
djsuic, of Virginia snu The o,her ADDS me
circumssaee. # her pToered'ne from tina.
i.,and down he river for the purpose OF
.seizing New Orleans BY force.
In point of facs, she prisoner was GOT on
Rl,nnerhasse, island. nor Ia the COUNTY
cf Weed, nor in the district OF RNgl
MA. :,
In considering this point the cours is Id
s,,o enquire whether an indictment Tor
l<sying war must specify an overt act 81
would be sufficient If IT merely charged
the prisoner In general terms with havl"e
levied war, omi.ting The expression OF
place or circumstance.
TIE place 10 which acrime was commit
wired is essential TO an indie men', were
!, only TO show the jsrsd,cuon ct ne
sceuri. IL is also esseuiai for the purpose
of enabling he prisoner % make BIS de-
fence That, a, common law, an ind'c'.
rneot would have been dtfscuve which d
NOT meouon the place IN which the crime
.,,a comm,t,ed. can scarcely be doubled.
For this /, is saficienI 10 refer TO Hawkins
Ra ch. Is. sec, 81. and CHI %. sect. 81.
Tb,s nrces,ity is rendered he stronger by
me oons,,su iona provision that tbs oHend-
tr . shall be ,riee 10 the gre and dis,nct
wherein he CRIME stall have been com
s,.,,,edn add by the act of congress whick
rreou.res that twelve petty jurors al least
..sa n se summoned frnm Tie county where
the offence was camn,ted
\ description Of he particular manner
:, sh,ch Inc war WAS levied, serms also
essential 10 euabe rhe accused TO make
his defence. The law dors net expect
man 10 bt prepared 70 defend every &C. ct
b;alife which NAV be suddenly and with
out notice slle dyed against HIM. In com
MON ;os,ice the particular fact with which
be is charged oughi to be stated, and the
circumstances which will be adduced a.
gains, him. The general doctrine on the
subI, c, of indictments is full 20 this point.
Foster, p. 149, speaking of thetreason OF
composing the kings death, saws, {" From
what has been said II followeth sbst in eve.
nv indictment for this species OF treason,
and indeed for levying war and adherIng
70 the kings eueaies an overt act must DC
slledged and proved. For the overt act IS
,he charge 10 which the prisoner must ap-
DIV his defence" |
In mage 22o, Foster repeats this declara.
tion. Il is also laid down 10 Hawkins, Is.
8. oh. II, sect. 90. LIST Hale 12l. ist
East 116 and by the other authorities Cit
ed, especially Vaughan's case. 10 zorro
boratlon of this opipon, it may be obserS.
ed, thar treason can euly be established by
The pfoei of overt acts, and that by the
COMMON law as well as by the statute of
7sh William Sd, those oserracts eoiy which
are charged in .he indictmenscan De given
inseyidence. unless perhaps as corrobora.
tive ,estimony after the overt acts arc prov.