The enquirer. [volume] (Richmond, Va.) 1804-1815, 1813-11-02
LAW INTELLIGENCE.
CIRCUIT COURT OF THE UNITED STATES.
Pennsylvania DISTRICT.

y D.
PENNsYLvANiA pIsTRIcr.
On Saturday the Grand Jury returned true bill
against SGii!idnt Prior, citizen Of Massachusetts
for treason against the u States BY deyag to their
<nen,ies, yivins Iheos AID and sos'lfort. Nm. Pr-
accordingly, bound in a recognirancc with
two sureties, to take his trial at the pri term
Judge WAsHINCToN's absence, on account of Sc
we're indisposition, rcnder-s Postponeraent of the
trial necessary.
Judge PErEne, at the opening of the session, de-
Evered a charge to the Grand Jury .expouning the
law OF treason in clear aud forcible manner. We
hope to obtain copy Of the charge for publication
in the mean time cannot forbear presenting the
following extracts, by way OF solemn admontion to
etzens resident every where, well rs 10 aliens.
resident within the jurisdiction OF the United
States. -, $3.50 Es.
The wise AMI vrtuous framer, Of our Cons.i,u
tion were aware OF the evils attendant multiplied
items, OF charges, which might be construed into
TREAsoNi, They knew the s,itations into which
free governments liable to be thrown; ard they
sndeaNored 10 GUARD, as TAR as human systcns will
permit, sssnst the consequences OF such agtations
In establishing happy improve ment OK the :ystem
OF government. they remained conscious they could
not change the nature OF man prone in tie vicssi-
tudes OF power. to for his purposes the
-hi.h he reprobated, while employed by other
hands.
"By our Constitution, then, it rs declared, that
" Treason against the Uat,a States, shall consiat
only in ievyng war against them. or in a9kering TO
their enea,siss, giving them. aid ard coaaf orf."
&c. Sc. - =.
~The law, in regard to the point which have
deemed ii nscesIary, at this time. 60 discuss appears
tobe v ..:.,..'
~. Joining sci,h enemies, in, acts of hostility by
sea or land, will mskc Traitor, within beth
the clauses OF our Constitution relating to iecying
war, and Gf1heriHg enemies. Bot If this be done
through fear OF death (not slight apprehension ana
while the PARTY ia under actual force and i kes
the first opportunity OF escaping, lac 10 excused But
the mere apprehension of having houses burned, or
propsrtv destroyed, fuvnshes no ground of excuse
4" furnishing Ere1.ics with JJfoney ,7yn,s ,
"i''tI1ficn or ether nevsssaries, win &c ri0ta ia
c'c evidence az 'rreason. But If enemies aone With
is not criminal
"-is 90 Remuneration, made & received for el,sn.
aer OF any acts OF Violence il must be lett to the Jul
~ as fact of intention and precedent exciting sus
piston, but not absolutely conclusive.
The bare sending money or provisions (except
nnder the ercumstances before stately worst of
a,', Ie"ding intelligence to enemies engaged in hos.
Me operstons; will amount to Treason in giving aid
ana comfort though the money provisions or in
telfsenc- he intercepted. The act was complete ON
the part OF the traitor though 1t had the intended
effect.
supplying with provis;ons or yefre.h,nents, hos
nie SHIPS, fleets or noops, blockadns ports, and
beleasuerins aud rsvasnS our coasts is = most az.
gravsted offence IL tends Immediately and direct
~, TO prom re and assist hostile aud is
species Of aid and comfort peculiarly deserving con-
dign punishment. Intelligence given to such ships,
feets or troops is douby repro hensble, for evident
reasess
!" The merchants Of an European nation who, i,
times long passed, supplied their enemies with gun
powder To batter down the walls Of tn own cities
are hnns cp by histosy, TO everlasting hfamy yet
their euPidity and detection, we're not more bas
than are the conduct and motives OF those, who are
now guilty of the offences have just mentioned
DtsfinS letseys, containing intelligence of a hos
SIs nature, and Only putting them in the Post Office
where they were stopped has been adudged be
treason, under the words 4" giving aid or comfort"
But merely expressing opinions, though they NAV
be aver.e TO public measures, (unless done with
w n Iudn md Isran 81 .
terprzesI is not the kind of intelligence considered
TIM; Criminal; ihongh it were better omitted.
wees GTy correspondence with an enemy, is not
reasonable nor ualawfal. The subiect matter alone
siyesn character. In our situation, epstolary cor.
retpondence, and other innocent intercourse are in
dspensabe to the business and affairs of those whose
iawtoi Fursrts and concessions have been suddenly
and unexpectedly, cut Off by the war.
"a E1!iSsEng, or procuring persons to enlist in the
service OF the enemy, is treason though no actual
hostility be committed. But marching or some other
aoeTt ace must be shewn.
"5. Taking a comm ssion to cruise in an e,emy's
ahip against the United States treason if the par
y go on board that ship, which an act of hostility
although ne commit no other So is it with an en-
gagement IN sseryice In any capacity If there
be any advance or ousrf act in execution of the a
ereemert.
G. II conspiracy with intent to aid and co7,,fort
IS not opert acf of adherence : unlsss aid 11d
sOfors be afterwards given Aud then il is freason
an every ore Of the conspirators for there are 10
accessories IN treason, all principals according
20 Eng'-h authorities adopted here, though some
respectable opinions otherwise.
~ He-fs or writings, not overt Gct+. But
such acts be Afterwards actually mitted By the
rsrty, they may be evidence of frtertion /. 1pon
which the jury must decide. Acts, and not words
are the ingredients. Writings never promulgated.
are less than all evidence of treason. hleernon
s'daey ease IS well known. His sacrifice continue,
TO excite unqualified detestation
8, Mere residence in state at war. IN no. If Il,
SELF, an Get of adherence.
g. There can he, now. TO doubt Of the meaning
Of the term cneasics however il might haze he's
heretofore disputabie." Dem. Pysss
EEW-YORK GENERAL SEsSInnrc