The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-03-04

terms Of art, is completely ascertaincd, those by
whom they are employed must be considered as
employing them IN that ascertaincd meaning, I'M
less the contrary he proved BY the context II is
therefore reasonable TO suppose, unless it be ir-
compatible with other expressions of the consti-
| tuition, that the term chewing war; is used in
that instrument in the sensc in which it was
understood in England and in this country, tohave
| been used in the statute of the 2Syh of Edward
sd, from Which it was borrowed.
1t is said that this meaning is 70 &c collected
only from adjdtlged eases. But this position cam
not be conceded To tie extent in which it is laid
down. The superior authority Of adjudged cas-
es will never be controy erted. But those cele-
| brated elementary writers, who have stated tic
principles OF the law, whose statements have re-
ceivcd the common appreciation of legal men,
are not to he disregarded Principles, laid down
by such writers rs Coke, Hale, Foster and Black
stone, are not Lightly to be rejected''
1t cannot escape observation that the chief JUS
tce here expressly laws it down, that the laws of
| England iii relation to these species of treason,
form the substratum Of our laws, from which e.
curative expression, is evidently inferred nm UNI
deniable declaration the part of the Judge,
that the laws Of England, in these respects, are
the foundation (substratum) Of our lawsr or in o.
Their words the Fundamental: mm,it:ble laws Of
the U. ). and of course in their essential opera
ton, part of the constitution of the U. S. But
the chief justice goes further, and declares that
the decisions of the English judges form part
OF these fundamental laws, and even the princi-l
Piles i'll relation thereto laid down by their cele-
DRAFTED writers, not to be disrcgarded.
Ii is hardly to be presumed, that before this de.
claraton, 1t had ever entered into the imagination
OF any man, that our constitution was composed
Of such materials. If it be the case however, it
Is devoutly to be wished that these laws, decisi.
ons and principles of elementary writers should
be coilatcd, printed and annexed to our constitu-
ton as legitimate parts thereof; and if Congress
are to be excluded from adj participation in the
exercise ct this authority, the supreme court could
not render greater service to their country than
to make the collation. with all convenient dispatch
for the information of Congress and stIli more,
for the people ut large. But, Sir, are there ne
| objections to these substsata of our laws On
no one subject of jurisprudence Ia C. b. have
there been such monstIous perversions of justice,
and such passionate, and contradictory decisions,
as on the doctrine of treason, and why Because
! they have been almost always made in Violent and
| troublesome times, and generally after bloody
contests for the crown. If his Interpretation Of
the constitution should be deemed incorrcct ra
ther than hold some of his NEST important rights
upon substrata like these; he had thought of pre-
PAIRING an amendment TO the constitution TO autho.
rise Congress to declare what acts should amount
! to treason against the u. S. But in retiectinp
upon that subject, he found the 9Th sec of lst ar
tclc of the constitution as good a provision for
| that purpose as could be drawn by way of amend.
| ment, and ne begged gentlemen to reflect upon
1t, and see whether they could prepare better
| to wit Congress shall have power to pass al
laws which shall be necessary and proper for car
Tymg into execution the foregoing powers, and
all other o1yers veSted BY this construction an the po
oe,n7'ienf " the o. S. or IN any department or Of,
fcer thereof"
But, sir, let us now discard this doctrine fthe
Chief justice, and take up the rule laid down by
the court in the trial OF Fries. That the British
laws, decisions, and elementary principles, are
not the substrata of otr laws on the doctrine of
treason but merely entitled to certain respect in
CURLING the courts to correct decisions would
then ask where .js the doctrine of the treason
written, ii our laws OF treason are not taken from
these sources, where are they written No
where, unless on the minds of the Judges. Sir,
there are great objections 10 this sort of transcript
ton first, the transcript will be different on the
mind of every different Judged, il may be diff
ferent upon the mind of the same Judge at diff
ferent times and under different circn,nstsncce
The retina of the human mind is not fit parch
mcnt for the transcription of laws It is too much
like changeabe silk. 1t may vary its complexion
especially when held UP to political sunshine He
begged the Senate to take view of the judicial
proceedings, which had taken place in the U. S.
in relation to this subject. Without pretend;n,
to go minutely INTO the examination of the eyi.
dence before the courts on the trials of Fries
and the late trials at Richmond, general view
OF the different results OF these trials had always
appeared extraordinary to him. Fries and other
ignorant Germans from very limited district Of
country, being hostile to act of Congress, as
sembled themselves, and with arms forcbly res
cucd some persons from the custody of the mar.
shall Of Pennsylvania; the prisoners not being
charged with treason, and as soon as the rescue
was effected, returned peaceably to their homes,
and it Is believed never after assembled in arms
Tor any other purpose. This was considered by
the court Gs nnqvestionable treason against tie T.
.Sfaes.
The transactions disclosed on the trials at Rich
mond, seemed to be OF very different character
II appeared there, that design to dsmember
the u. s. by force, and to establish a separate go.
veTnment in the part thus separated, and also to
seize upon, and include in such government some
of the territories of Span had been deliberately
formed by the most active, daring, intelligent and
enterprizing citizens of the U. S. That parti-
zans were engaged to effect this design, extend
ing themselves from the city of New-York in the
and from Philadelphia, from this place, &c to
Pittsburg, and in that direction to Orleans
which appeared to be the first object of attack,
and from whence further operations were to be
determined on. That IN pursuance of this design,
a number of men with arms had convened at the
mouth of Cumberland, with the chief projectors
of tbs enterprise at their head ; and entered in
to a formal capituaton for surrendering them
selves to the authority and laws of the u States
after having cautioned the acting officer of the U
States against compelling them to shed blood in
civil contest by refusing their terms of surren-
der, and thus urging them to resistance. These
NsWa