Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1808-02-26
SENATE of the UNITED STATES.
THURSDAY, Feb. II.

The bill reported by Mr.. Giles. for the
fitlnfshment of treason and other offences a.
!saiast rte United STATES, was according TO
the order OF the day, considered as in com.
miitec OF the whole. After having been
read by sections from the chair, some ver-
bal amendments were made to the first
section. The words OF this member ofthe
bill are as follows:
BE if enacted BY The Senate and House of
ReitresentahiUes Of the United STATES of .iD,e.
RIGA, in Congress .zasena5ied, That if any
persons owing allegiance to the United
States OF America, shall levy war against
them, by assembling themselves together
with intent fsrcibiy tn overturn or change
the government of the United States, or
any one of the territories thereof, or forci-
bly, to dismember the said United States
or any o0e of them, or any one OF the ter.
rilories thereof, or forcbiy to resist the
general execution ofany public law there
OF, or i0rcibly 10 take possession OF, or hold
any fort, magazine, dock, navy yard, or of
any public vessel of The United States, or
inrcibly 10 invade or hold any part Of the
United States, or of the territories thereof,
against the authority of the United States
oFlt any person or persons shall traitor
ously aid or assist in The doing any one OF
the acls aforesaid, although not personally
present when any such act is done or COM
nitted, and being convicted of any one or
more ofthe aforesaid acts, on confession in
open court, or On the testimony of two
Witnesses TO the same overt act of treason,
whei cot he or they shall stand indicted,
such person or persons shall be judged
guilty OF treason agains; the Uni:ed States,
and 4hall suffer dea.h.
These alterations baving been agreed TO,
chiefly ia the form Of the b Il, by llle trans
position co. Certain words.
Mr. Mi;chin expressed his disagreement
10 the principle itself ofthe bill. H ques-
toned whether congress had authority TO
act upon the subject The powers of the
legislature were on the crime oftreason, Ii
Knitted By the constitution and il deserved
ssssture consideration whether On the pre-
sent occasion we were not about 10 trans
gcess the hounds within which we ought 70
rncves BY the Sd section of the 80 artcie
OF That great charter of our rights aud pr
vilcEes, IL is declared tina, ,reson against
the y. States shall CONSIST only ia levyingi
wan against them or ~ adhering TO their
enemies, giving taem aid and comfort.--l
No peSson shall be convicted Of treason,
unless on The testimony OF two Witnesses
10 The same overt act, or on the confession
in open court" Here is the definition Of
treason in he constitution, tina, great nal
onai instrument, which is the law para
mount osihe land, aud by which Congress
Itself must be governed
The convention of i797, when dsyising
a ifane of government for free people,
veil understood The commoIiOns that FIRE.
Tuentiy agisated societies of men claiming
The right to speak and TO act as they pleas
ed. That sagaciods body possessed perfect
knowledge from history Of the proscrp
tons and attaiDders which an overbesriDg
majority were but too prone to pass upon.
those who differed from them in there pre-
ference Of one man or mea-ute TO another,
or who thwarted their views of interest or
ambition, of resentment OF power. They
therefore provided salutary check upon
the will of the Congress itself; thereby
guarding against that heat and violence
which the collisions of party have been OF
ten observed to produce. Thus was Sc.
curily enjoyed by the minority of the two
Houses, and OF their adherents and sup
porIers th0ughout the nation against the
discriminating spirit which the malori,y
might feel, aud IN an evil hour, be tempted
10 exert.
Such was his understanding ofthe mean.
ing Of this part Of The constitution, Bot the
bill before YOU, Mr.. President, has bold
and innovatng aspect. Itveninres in,o dc.
clsraiIops Of various actions which shall b.
deemed TO constitute The ieOymg ~ u'v.---
II this proceeding is correct, 1t will be IN
our power or in The power Of future con-
gress, TO declare that certain other actions,
no. specified in this bill, shall also be con.
slrurd a. criminal ia the same stlrocious
degree. and a succeeding legislature may
enlarge the catalogue, until constructive
treasons shall be multiplied to a most a.
farming amount. The people Of this free
and happy county will be disarmed of the
shield by which their sagcs and patriots
who devised the present admirable frame
Of government, intended 10 protect them,
even from Legislative injury. And they will
be exposed 20 all the multiplied evils, OF
treasons declared by congres IS; and il may
possibly happen in some future time. less
au5picious than the present, that the ma
iority OF that body may be sctuated by pas
siors and stimulated by motives Of san