Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1808-03-04

Lei US now turn to the decision of N,
Chiei Justice al Richmond with this sam,
rule oil court before him. les suype,tef
to have been before him because this cs.
ieoraled treatise of Judge Fucker upol. III,
doctrine OF treason, was referred 10 in ,l,s
same decision. and almost The whoie oftbe
Chief Justices reasoning upon The acc.s.
sor,al treasons was drawn frop il.
what IS the natural import OF the
words leyying war? And who NAV he
said 10 levy i, 7" Had their FIRST an ,.,ca
tion to- treason been mad. by our cons,ilu-
tion, they would certainly have Admitted
OF some latitude OF construction. Taksn
most literally, they are perhaps of the same
import with The words raising or creating
war, but as those who join after the com
nencement are equally the objects or M,
'shment there would prnbabl, be GENE.
raj admission, that the term also conpre.
hended making war, or Carrying on wsr.,'
I" Butithe term is mol for the first time
applied to treason by The constitution OF
the United States. 1t is technical term
IL IS used in avery old statute ofthat coun.
try, whose language is our language and
whose laws form the substraium of our
laws. 1t is scarcely couceyat;e tha, the
Term was not employed by, the Trainers of
ourconsulu'ion ~ the sense VIII On had been
affixed 10 il by those froa, zhona we borro,v~
ed II. 30 Tar as the meaning of any terms
particularly terms of art, is completed, ns.
cerlalned, those by whom hey are err.
ployed must be considered as employine
them IN that ascsrtained ms;ning, ,,n,es$
the contrary be proved by IN. context. I,
is therefore reasonable 10 suppose, unless
!, be incompatible: with oyhet expressions
OF the constitution, that the arm :, leyvioo
war" is used In that iissirumeat in The SAM
sense in which il was understood IN Eog
iaad and IN this country, 10 have bsen
used in the statute ofihc 25ih OF Edward
So, tom Which il was borrowed.
II is SAD that this meaning is to be
collected oaiy from ad;adged cases
Butifis position caonat be conceded 10 n.
extent III waicsit is laid Gown. Yh- On
perior authority uf adudged cases win ne
yer be controverted. But those ce,sbsa
ted elementary wti,ers, who have stated
the principles OF the Ia W, VS. oss. ale ,nents
have received the common Appreciation O I
isgai men,sre not 70 be dsregArdea Pria.
clples laid down bg such writer's IS Coke,
Hale, Foster, and Bleckstene, are nn,|
lightly TO be rejected"
IL cannot escape observation that the
chiei justice here expressly LAYS il doyn
that The laws of England in relation 70
these species oftreason, form the substra.
tum oil our laws, from which firurative
expression, is evidently Inferred an un-
demable declaration on he part of the
Judge, that the laws Of England. in these
respects, are the foundation [subslra uni
OF our laws; or IN other words the funds.
mentalimmutabie laws of the u. s. and Of
course IN Their essential0peratioD part o
the constitution ofth4 y. ). But the chief
Justice goes further, sud declares that the
decisions of the English lodges form =
part OF these fundamental lays. and even
the principles in relation thereto laid down
by their csiebEa.ed writer's, are not 10 be
It's hardly 20 b. presumed, that before
THIS declaration, it had ever entered INTO
the imagination of any man, that our con.
siItulion was composed of such materials.
lfitbe the case however, it is deyUItly %
be wished that these laws, decisions and
principles OF elementary writer's should be
collatsd, printed and annexed 10 our cor.
stiiuon as legitimate parts thereof; and if
congress are to be excluded from ali par.
ucipaupn IN the exercise OF lhis authofity
The supreme court could not render =
greater service 10 their country, than 10
make the collation. with all convenient dis.
PGch, FOR the information OF congress /;
and si'd more. Cor the people at large. Bu.,
s'r are there 10 objections to these sub
sireta Of our laws On no one subject OF
ID g, d have there been
such monsiro0s peryersions Of Justice, and
SUCH passlonate. and contradictory decisi-
ops, as on lhedactrine oflreason, and Why
Because they have been almost alway
made 10 violent and troublesome times.
and generally after bloody contests for The
crown fhis Interpretation Of the consti.
'uion should be deemed incorrect, rather
than hold some ofhis most important rights
upon subsirata ike these he had thogebi
.oi preparing IN amendment TO the consti
luton to au'borise congress TO declare what
acts should amount 70 treason against The
y. States. Butiu reIlrcling upon that sub
leci be found the 9Th sec. OF lst article OF
the constitution a good provision for lhst
purpose as coIld be drawn by way Of a.
meendment, and be begged gentlemen TO
reflect upon q, 81 see whether they could