The enquirer. [volume] (Richmond, Va.) 1804-1815, 1812-07-17
THE ENQUIRER.
RICHMOND, JULY II, 1879.
FOR IHE ENQUIRER.
. THE. LAW OF TREASON.

u
consist only III ievying war against them, or
il adhcrng to their enemies, giving them
| aid and comfort" The first branch of this
definition of Treason has undergone consid-
cradle discussion in the courts, and amongst
the people of the United Sta is. The tri-
ais OF the Pennsylvania Insurgents of 1894,
| OF Fries IN the year 1900, and of Aaron Burr
at kichrnond, have thrown considerable
light On the subject. and have probably
iiXad forever the nature of the crime of
" Levying War;" The other branch of the
definition has never been canvasscd in the
courts, because from the time of the furn:a-
ton of the Constitution till the 18th of last
month, the United States have never had
an enemy to whom it was treasonable "to
adhere" It now becomes an object of
importance that the people should know
what acts will constitute the treason of
adherng to the enemy, giving him aid
and comfort
The definition Of the crime of treason
adopted by the trainers Of our constitution
was borrowed from the statute made in the
18th year OF the reign OF Edward the third.
which, (amongst other thingS) declares il
| TO be treason to lew war against our
Lord the king in his realm, or to be adhe
rent tic the kings enemies, in his realm.
giving to them aid and .nfort in the realm
or eisew here" In Constituting what Shall
oe cohsiuereu al = adnerenCe to the enemy,
| it Is probable that our Courts will adopt the
opinions and decisions of the English Judges,
if not as binding authority, at least as very
cogent and powerful arguments.
| LIST. Judge Foster says that joining with
enemies IN acts Of hostility will make a man
| a traitor within the clause of atlherlpq to
the kings enemies, but if the Joining be for
fear of death, and while the party is under
actual force, and ne takes the first oppor-
tunity to escape, this fear and compulsiou
will excuse him. But the party who makes
fear and compulsion his defence is bound to
| prove to the satisfaction of the Court and i'll
ry, that the compulsion continued during
all the time he continued with the enemy.
An apprehension, however well grounded. l
| or having houses burnt, or estates wasted
or cattle destroyed, or of any other mischief
| OF the like kind, will not excuse in the case
of joining and marching with the enemy
Ibis last point was resolved by Lord Chief
Justice Lee, and the other Commissioners,
IN the case OF Alexander M'Growther and
many other of the Scotch Rebels of l7A5.
I'd. Foster also says that fuYmiahine en-
enileS FUifh money, arms, an1nunikion or
ether neceSSa1zeS, will prima tacie make a
man traitor within the clause of " adher-
ing. But II enemies come with a superior
force and exact contributions, or live upon
the country at free quarter submission in
these cases is not criminal. The term ne
ce8SarieS is supposed to include provisions
Sd. The sending Of Intelligence to the en-
envy is considered as very effectual aid. and
Will make a man a traitor.
4th 1t is expressly LAID down bv Foster
that the bare sending money or provisions
Except In the case OF superior force, & the
eXaction OF contributions or the bare send
ing intelligence to the enemy will make man
traitor, though the money, or Intelligence
should hahfen TO be Intercepted q For
. the party in sending, did all he could the
treason was complete on his part, though
" 1T had not the effect he intended"
In the case OF Patrick Harding, it was
decided that enlisting men with intent to
dethrone the king, and the sending them
abroad to join the French then at war with
England, was an act of treason within the
clause OF adhering to the enemy" as well
as an overt act of g comprising the kings
death" And it was the opinion of the
court that it did not amount to the treason
OF levying war" Lord Preston was in
dlcted III the year 1891 for treason in ad-
hermg to the enemies of the king & queen,
and for comprising their death He, witt
two other gentlemen, had procured a
smack to transport them to France, but
were stopped before they got out of the ri
yer and their papers seized. Among the pa
pers was found scheme intended to be
laid before the French King or his minis
tiers for invading the kingdom in favor of the
late King james the second, withm many let
tiers, notes, and memoranda all tending To
the same purpose. 1t was decided by the
court, OF whom Lord Holt was one, that the
COMPOSING, Procuring and secretine tie trea-
sona6le haherS, The taxing boat 10 go on
board the smack, and carrying the Echers
NTH them in order TO be made use Of in
France for tie reasonable hurhose CHARGED
I'm the Indictment, were overt acts of the
treason of adherng to the enemy, as we'll as
lot comprising the death
In 1907 William Gregg a clerk in the of
lice OF the Secretary of State was indicted
on the clause of adhering, as well as of COM
passing the Queens death. His crime con.
sisted in sending intelligence by letters ad.
dressed to the French Secretary Of State
he letters were intercepted at the Post.
Once, and the sending such letters was
resolved to be an overt act of both species
OF treason, though Tire letters neUer came 10
the EHeny'S hands.
lhe case of DR.. Hensey in 1853 is consi-
dered as important as it relates to the of
renee OF carrying on Il correspondence with
the enemy. lie was indicted on the clause
OF " adhering," and ON that of " COMPRISING
the death. Lord Mansfield said, Letters
OF advice and correspondence. and intelli-
Igence to the enemy, to enable them to an.
thoy US, on defend themselves written and
sent, in order to be delivered TO the enemy
are, though intercepted, overt acts of both
these species Of treason. And this was de-