The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-02-26
SENATE OF THE Ul:lTED STATES.
THURSDAY, February IL.
DEBATE

Of other crimes and offences against the u s.
The bill reported by Mr.. GILES, fcr the ou.
rishnieat Of treason and other crimes and ofcnces
against the United States, according the or
der of the day, considered in committee OF the
whole. After having been read by sections from
the chair, some verbal amendments were made
TO the first section. The words of this member
OF the bill are as follow
BE 1T enacted Or the Senate and Vouse of Re-
presentativeS Of the United STATES Of Anaerica in
Congress assembled That If anypersons owing al
1egiance to the United States of America, shall
levy war against them, by assembling themselves
together with intent forcibly ovcrturn change
the government OF the United States or any one of
the territories thereof, or forciby TO dismem-
Der the said United States, or any one of them,
or any one ofthe territories thereof, or forcby to
resist the general execution of any public law
thereof, forcibly to take possession of. or hold
any fort, magazine, dock, navy yard, or of any
public vessel of the United States, or torcibIv to
invade or hold any part of the United States, or
OF the territories thereof against the authority of
the United States, or if any person or per sons
shall traitorously aid or in doing a,,v ose of
the. acts aforesaid, although not personally pre-
sent when any such act is done or committed and
beng convicted Ell any or more OF the afore
sad acts, on confession in open court, or on the
testimony OF two witnesses TO the same overt act
OF treason, whereof he they shall stand indict
ed, such person or persons shall be Judged gull
~ of treason against the United States and shall
suffer death
These alterations having been ogreedto. chief
~ III the form OF the bill, by the transportation of
certain WORDS
Ma MIrcHIEL expressed his disagreement
TO the principle itself of the bill He questioned
whether Congress had authority TO act upon the
subject. The powers of the Legislature were ON
the CRIME OF treason, limited By the constitution
and IT deserved mature consideration whether
on the present occasion we were not about to
transgress the bounds within which we ought ia
move. BY the Sd section of the Sd article of that
great Charter ct our rights and privileges, it is
declared that " treason against the United States
shall consist only i'll ievSing war against them. or
in adhering to their enemies, giving them aid and
comfort NO person Shall be convicted of trea-
son, unless on the testimony of two witnesses to
the same overt act, on the confession in OMEN
court Here is the definition OF treason IN the
Constitution, that great national Instrument which
- the law-pafdmount of the land, and by which
Congress itself must be governed.
The convenuonoi 1877, when deyising frame
st government tor q free people, wei understood
the commouons that frequently agitated societies
oi men claiming the right to speak 8, to act as they
pleased That sagAcous body possessed perfect
knowiedge from history of the prescriptions and
Islanders which an ovelbeafing MAJORITY were
but too prone to pass upon those who differed
nom them III their preference OF one man or inca
sure to another, or who thwar1ed their views of
interest OF ambition, of resentment or power
They therefore provided saiutary check upon
the Will of the Congress itself; thereby GUARD
ing against that heat T. violence which the COLI
si0nsof party have been often obser, I'll 90 predc,
Thus was a security enjoyed by the minority of
the two Houses; and OF their adherents and sun
pcrters Throughout the nation against the exter-
ninatinS spirit which the majority might feel,
and in an evil hour, be tempted 10 exert
Such was his understanding OF the meaning Of
Nc IF Of he cor .I,. NJ
you, Mr. President, has bold and innovatins. as
poet itycntui es into declarations Of various &c
tons wRch snail be deemed TO constitute the IT,
pyiAg Of t9dr. 1t this proceeding is correct, #
will DC III our power or in the power of future
Congress, to declare that certain other actions
not specified IN this bill, shall also be construeu
as CRIMINAL IN the game atrt Gus degree And
a succeeding legislature may enlarge tnc cata.
logue, until constructive treasons shall be. muir,
piled to most alarming amount The peopIe oil
this free and happy country Will be dsarmed OF
tire shield by which their sages and patriots who
devised the present admirable frame of govern
ment, intended to protect them; even from legis
latve injury. And they will be exposed to all
the multiplied evils, of treasons declared by Con-
Rressi and 1t may possibly happen in some fi-
ture time, less suspicious than the present, that
tie majority OF that body may be acttlated nv pas
sions and stimulated by motives of a saneiIinsrv
tendency. We ought to take measures of pre-
GhutlOh Nbai1st SUCH alarming consequences.
feel strong repugnance to the demolition of es
tabisbed land marks. have, said he, great
ycneratOn for these monuments erected by orr
predecessors. And fear the enactment of the
present bill will be accompanied with the over
throw of one of the most valuable safeguards oil
The constitution
He was willing to admit the great uncertainty
with which the doctrine of treason is cIoudcd
All our trials for that offence had demonstrated
the unsettled condition of the law. But il was
by no means certain that this was sufficient rea
son for congressional interference He fclicitat
cd himself, and he congratulated the Senate and
hrs country, that arrangements for treason had hi
thertO been few ard rare. There had not been
time nor opportunities enough 60 elaborate the
ultimate decisions of the law The buman.mind
did not acquiic knowledge by intuition but by ex
peneuce The march Of the undcrstmdingln the
Investigation ofttuth was slow In cases of iuris.
prudence ~ well US in every other int llectua re
scarch, Che advances toward nth were gradual
Case after case must be studiouslt considered
judgnentaiter Judgment must besrcndered & re
Tised, and consequence after conSequ nee traced
e. their examinations In such course of pro-
cccd'nS, It might happen, according TO the a.
mount Of business which occurred, that genera
ton might follow generation, atid age sGcceed 10
age, before the sanlUtd fdtio, nc high result of
reason on the subject, could be attained Accor.
ding 10 tins method Of perecting the law ,y prac-
ice, many iflds foT treason would be nc ,essqrv
70 make its exact meaning known And for his
own 22ft' ne was wiling 70 postpone 70, cehfay!cs
WIS paddui mode OF debneatns the endless mum