The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-03-01

FEAST, tot same overt act oftcason as udisccn-
sable 10 convictions whereas in other criminal ca.
scs, CONVICTION may be had according 10 the ogdina
~ rules ofcydence in courts, upon the testimony
otonc witness This limitation upon the ordin.-
" rules OF cvidSncc in the, courts, would of
tsclfhave justfea the classification o.! this power
according II the constitutional arrangement
Hence 1t appears irrcsistahly conclusive that ac
cord'ns 20 this particular clause OF the constitute
az, the power ofdcclaring what act shall a.nornt
TO the treason CT levyrg wac and o. ad!,sring to
the enemies of tie United States. is concerted on
the government generally, :lldno. Gil any depart
ment exclusively.
This viause must evidcntiy be considered, bot,
as comforting power ard limiting its exercise.
The word D. CONSIST" is tie ward Comforting.
power. the pord s'oaiy" is the word limiting lis
exercise. I he word consist" is directory TO
ment exclusively. The word "ony" excludes
from the whole government the rover of intro
ducing all constructive Or i,naginarv treasons and
limits its power only to the two species oftreason
Included within that terE,---to wit, the TREASON
" OF ieyying war" and "of adhering to the enc
mes OF the United States" The word ssonl,''
therefore IN this clause relates only TO the spetics
of treasoss embraced by it /; and not any partjcu
lar acts, winch may amount to treason under ei =
thcr OF these species. Hence the clear and obyi-
Gus languages of the constitution is this !; the yo-
vernment ofthe United State. may declare what
acts &meunt TO the treason of ''levying war and
adhering to the enemies of the United States :"
eu, It snail not declare .anv other act whatever
reasonabe. The reason Of this arrangement ~
oethe moie obvious by reference to the doctrine of
treason ~ The country from which these terms are
borrowed. In England exclusive ofthc two spe-
cies ef treason recognized by our constitution.
! mere are various other treasons, and many OF
them constructive; such as imagining the Kings
dearh, &c. shelving too much ciyility to the
Os'een or Prncesses, sc. ceunterfeitnp. the
h,igs coin, &c. &c. The gratoblect therefore
OF the constitution was to exclude from the no
vcrnment OF the United States this whole fa,niI,
oil treasons; and the terms used are eAtrcrnelI
proper for this exc us;on and for the inclusion
The two species only recognised by the constitu,i
on. 3.
But it is said treason is already defined by the
constitution. Is the fact so ! Let the enquiry
be naadei and also the extent to which the def
milton goe:. e" The treason against the United
States shall consist only IN lcvying war against
them, and IN adherng to their euemies giving
them aid and comfort Two species of trcaso y.
are here defined: but no act amounting to either
species OF treason is defined Ask the question.
what Is treason against the United States, The
Constitution answers, "lcvying war aganst them
or adnering 10 then cncmes."-lteverse the
question, what is lctyiag wsr against theUnited
States or adhering to their enemies. The an.
! swer is, treason. No act witch viii amount t.
either OF thcsc offences, is defined This detiniti
on although cxtremelyusef,l as a guide to the go
vernuSn-, IS ofno practical use TO The citizen. be
Cause 1t gives him no information Of any act which
amounts TO treason and which ishe COZ. he
WI be Suty OF treason, and subject t. the h, oh
est punishment known to our laws. This know,
ledge OF the nature and tendency Of acts is rne
o ly knowledge, that can be useful and necessary
10 IN. citizen.
II appeared TO him wonderfully strange, that
offences the most complicated in their nature, the
m n ra,.otEc ~ tt.,a,r
most fatal TO the individual committing them,
should not he explained to tie people, sho,id be
locked up IN the breast OF the Judge, and that an
attempt 10 explain them legslativsy to tn people
snouid he thought to be an alarming invasion Of
their rights, IT not cr1mEM in itself. But { the
terms ievyng war, 6lc. be siready sufficiently de-
hmure OF the offence 1t is presumed that some
gentleman IN his place will tell us, .yhat spec nc
acts will constitute the offence: for his part he
hld p.ud great attention to the subject and in ne
present state ofthngs, he acknowledged iiInS If
perfectly incompetent toit. Nor would tae dim
c'.ities be lcssencd by recurrence TO all the Ia.
dicial OPINIONS yet given upon the subject These
attempts had demonstrated not only tn, incorrect
ness OF the suppositon, that these treason lble
acts were defnedi but the indispensable ncces-
stv of some Legislative definition for il is believ.
ed that no two Judges have yet delivered the same
opinions upon some Of The most essential charac-
ters OF many of these acts, and If Judges them
selves should not be able to comprehend, and pre-.
cisely tofx this constitutional definition he w can
1t be expected that the people at large can do SO
lie had always been taught To believe that one es-
sentJ characteristic difference ofatrce from d..
sDotic government consisted lin & ing fuilinfo.m
ton 10 the citizen ofevcrypenalact, the punish.
mcnt consequent upon its commiss on and is
there nothing in the constitution which Iecorni.
yes this principle, and almost make it iniunctivc
upon the government In the 9th article of the
amendments 10 the constitution, most of which
may be considered bill ofrghts, ffRd these
words. " In all criminal prosecutions the q, GU
sed shall the right to speedy trial, &c and
be informed otthe nature and cause Of the oocusati
on" &c. For what purpose should he be inform
ed Of the nature and case IF tbe accusation if when
he IS informed ofboth, he is unable 10 ascertain
by examining the law, whether lie has been Gull
ty Of any offence or not And is it not Of Infinite
y more Importance to the citizen to know the ma.
ture and consequences ofany particular act he is
about 10 commit. than to be informed of the ma
t,Ire and cause OF his accusation. when after lie
shall have been thus informed, he is unable, TO az
certain by any law, whether the nafaye ard cause
of the accusation against him be criminal or not
Indeed without the knowledge of the criniiralitv
ofthe charge, knowledge of the charge Itself
would be OF very little advantage 10 him Again.
suppose a citizen should be indicted upon the i
IDENTICAL words Of the constitution, of levrino.
war; without the specification OF any partic,,l.r
overt act amounting to- that offence would such
definition be sufficient for convietionl Certain
ty not More definition is therefore required than
San be found i'm The constitution