The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-10-03

fHs 81 counter @ ROY fair !guerre 4ein5 10,
isaia1e." Here the Frerch verb, kz., is thu
lame ne that nfed in the itAtutc Of Ed. with a,
un'mPoftant photographic variation and hers
IT'S clearly contraditinsufhed from The aetna
war the k7y is ofmeN and bor/Ss, for tn
lp"Poie Of making 7ray; and the Ievy wouit
nave been Complete, although the purpoie hac
never been executed l conGier, therefore,
me fatute OF Richard as not only adding ano
Their authority to that of Boyer to prove that
the extent OF the French verb lss,ss, when appli
10 ioitIers, gors no farther than the raifnc
'hem but conGder that fatute ALTO as
parliamentary expedition or gloiiary of the
psraie Ieve de gne5ye in the hatute OF Edward
In this later opinion l am fupported by /
Hale IS, who fpealing of the ttatutc Of Richard
Lays "thefe four points of treafon" iettled by
tie parliament of Richard, fcemes TO be iueiud<d
within the hatute of IS Z. 3. as TO the matter OF
them with theic differences. l. The forfeiture
Is eX!clioed further ,han IL was formerly, name
to the forfeiture Of ctates tail and uies. 9
whereas the ancient gay of proceeding againft
commoners was by indictment, and trial there
| upon by the country, the trial and iutlgeme mt
| Is mere appointed to he in parliament. 8. But
mat wherein the principal Inconvenience of
ina act lay, was this, that whereas the ftatute
OF % Ed. 8. required an overt act to he laid in
the indictment and proved in evidence this hath
no iuch provi6on." Thefe are all the differ
ences which he takes between them. Hence
II IS clearly the opinion of Hale that the treafon
OF ieVyine war IS materially the fame in both
ifa'utes. For If the fla'ute of Edward rsonir-
cd actual 9v0r, bard knock, 6loo4y haitle, to
conitituse trafon, while that of Richard made
the mere preparation for thofe purpofes tresfop,
would it, could it have efcaped fuch mind as
Hales; more particularly when he was etpcci-
any employed in discriminating batween the
TWO hatutes, and marking the points of differ.
ence, to the disadvantage of the ftatute of
E'chard. IT nothing fhort of actual war will
i'iatlsty the fatutc of Edward, while that of
Richard covers 70 much more ground as To
comprehend the FRI ad of recruiting and to
make that treaton, how can the former be faid
to include the latter ? it might with az much
propriety be iaid, that field of battle includes
ing kingdom within which it lies, or that the
,eis InciudeSthe greater. Yet of this abfurdity
Hale has been guilty, unlefs il be conceded that
The itatutes of Richard and Of Edward are ma.
terIaI'y the fame if in conformity to the OPT.
Mon OF Hale, this point he conceded, then as il
IS ndiiputabiy clear and certain that the fta
tute OF Richard Makes levyng of war, to con-
hit IN Tie preparations for that war, in the raft
ng OF men, hcries Sc. for the purpofe of making
war, then alto under the hatutc OF Edward
levying war means the preparations for that
war. And ifthis contruGtion of the itatute of
Edward be admitted, we have but TO remember
that our definition Of trealon is borrowed from
this itatute and to ak whether the fame words,
lfggiAg qcar, in the Enghh aud American fla
tutcs mean the fame thing
Contiding in the candour of this inveRication
and'in the truth of the concluiion to which it
| has ted me, ihnuld myitlf have thought the
mere enliitmrnt of folders, of tfelf, an overt
act chewing war. llould think fuch enift-
ment too, fufticient TO iatisfy the reaIon of the
| ltatute OF Edward and confequertly that of our
| contributions and ACT of congreFs in requiring an
overt atf TO b. proven. What ia the reaion a.
vowed by ali The books ?--It il. becaufe the
| fecret intentions of the man lie beyond the ken
OF mortal hght. They can he known only to
| the man hinlef and 10 that being whole eve can
pierce the gloon of midnight and the fill deeper
gloom that ihrouds the traitors heart. To his
fellow men thofe intentions can he nanifrfted
only by tome external or overt aet conlider
the pirate oUert ar as intended 70 be in con-
| trait with %rc,rt igtsHtion ; but whenever this
| tecrtt intention ripcns and breaks out into an
| act, OF which the human ienfcs Can take cogni-
Zance, coEhder the reaion of the law as be-
| ing iatjs!ied; we are then relieved from the
nsctih'Y OF prying into and guelIing at the &C.
| crTts OF tie heart. 1t is not pretended that
any Gale ever occurr. (, to contradict This idea
uHth VIC cafe when is reported by Vrntris {;
which has been fIid by fome modern Englh
"ilter, aud pronsunC ed Ivy your honor 10 fcttle
the principle that the Tc5a cnlitmeni OF folders
Is nor iniiSient TO ccrfiliut> ~. eyYing Of war.
| Permit me, with the ufrnDf deference and ref.
pect Tor yosr honor, to examine that cafe and
lee whether il utilities 4 concuiion f. broad.
That cafe it Is 10 be oNierved is adiudgcd IN.
der the ftatute of the 25 Ell. 8. Nov il re
CURES but 20 adopt for moment the idea which
/ have Ihewn TO be fanGlioued by Lord Hile,
that the hdtute of Richard explains by peri.
phraiis the more condenled definition Of that of
Z. to perceive the reafoning and " hole fcope of
the Gale in Ventris: -" If = man" flys the Ga.
iu'e of Ed. " hlll levy war aga'nit our Lord
the King in biz rain - " or he'' flys the RIA
tate of Richard who levies men and horfcs,
againf the king, TO make quar ia LiJ reaim"
!'--e Le7y, then, is y totally differ. 1T thing from
the gOar, the Iegr is the Prg9arafioHj the qvar
is The parbojf but il is'' to make war in bis
realm" Wherefueyer then the hGy is made
the ParBele NUT bs 10 make 7oar IN tie ycain
Hsnce i! IS very clear that although the leyyne
ihouId be within the realm, the itaiute wouc
NOT he fttiSiicd, mIgIj tie purple siio was &c
make sU0r 7rit.5iH tie RAIN. 1t is upon this
latter point alone that The cafe in Vsntris turns
and not npon the fceue oil the eu,itment, vol
the iniUfsciency Of the fatt of eniidment. The
fc IN Vcn.fis is that Vi Patrick Harding .
Vol. 3i5.lG; The charge in he indictmcnt Il
icompsRing the Gsath Of the King and Q ,ecn
own. and Nary and the over: an laid is h1y
iyg zvgy bv rafting Jiyeys rJldigrsaDd men armed