Alexandria gazette, commercial and political. [volume] (Alexandria [Va.]) 1812-1817, 1815-05-31
ALEXANDRIA.
WEDNESDAY, MAY ST.

. 49,
It is with pleasure we announce, that
the Steamboat Washington is expected
to reach this place this morning.
The doctrine of constructive treason,
or treason by implication and Inference,
is universally secuted by all writer's on
criminal law. With such adherence is
this principle regarded by the English
Courts OF Justice, that at the trial of Horne.
Tooke for high treason. the attorney
general expressly and rointedly. dis
claimed any such construction. A mans
life is not by such decision made to de-
pend on his guilt; his fate is decided
by the meaning ofthe doubtfulinnuen-
do. For instance. the Constitution of
the United States declares. that, trea-
son shall consist I'm C ndherng TO oar
enemies, girfng them rid rnd sapport.''-
Now, we will suppose for the sake OIL
lnstration, that when an army invaded
us, a few stragslers shnnld be cantured,
that the enemy should threaten that they
would burn and destrox the town and
massacre all the Inhabitants. if these
men were not PROMPTLY returned. Under,
the fear of so horrible a threat, TIE
prisoners are delivered rrr. We will
ask, whether the man WHO 50 acts. adj
heres. to the enemy. or whether, he -re-
serves the town from conRarratinn---
wives from pollution. and children from
carnage! We ask whether in trpe
constitutional sense. he does NOT &C AL
here to TIE enemy" more eFectua1lv b.
furnishing them with a plausible pre+eyt
to perpetrate s, awful an act Of re+a'ia-
ton, than he hoes BY a surrender of the
prisoners-whether if one of our citi-
zens was brihed bv the enemy to FRO.
mote his DESIGNS, he would not raise his
voicaagainst the surrender Of the rrison-
ers, and thus provide our foes with TIE
excuse which they wanted for reducing
a town or city to ashes! What posi-
bic evidence could be given stronger
than this. that the man so offending was
in the LANGUAGE Of the constitution,
!" aiding our enemies" IF this is not
clear and correct exposition of the law
OF treason. if it does rot Fash upon tie
mind like.dazzling sunshine. we are at
a loss to discover tie meaning of words.
Let us attend more articularly to tie
case which we have for the sake of de-
cencv. and from our profound reverence
to our. constitated authorities iaa@inpl
The canital of the United States is now
a heap of ashes. We viii suppose that
four, five. or six men, of an invading army
were captured, thateur. enemies had de-
clared, that unless t'sese men were
nromptlv surrendered up, they would /
DESTROY the public stores, burn the pub
lie buildings; and consume millions of
American property These men are
still detained as prisoners. and this. ca
lamity ensues. Would it be any de-
fence for the man who refused to slrren-
der his captives while treading on the
cinders of Washington to say, that in
consequence of his refusal, snoh an act
of enormous injury had been denc; that
he had read in our Constitution, that
= treason consisted in aaheriag to ON.
enemies gicing them aid ard snpport.l"
Would not the Judge. would not all man
kind reply, taat 8 you did !terg to orr
enemies, yoe did gice them AID All sup-
port" by putting in jeopardy SO nue., pro-
perry, for SO comparatively triGing
Cause Would it not be said. that he had
sacrificed mamoth to propitiate the
names ola gnat To make the case still
stronger, we VIII further suppose, that
these men who had captured the prisoners
had trod on the brands of Washington.
still glowing with hostile fiames-that our
own army had been routed-that there
was no hope of a successful defence to the
town thus threatened by coailagration,
whicl mad iii fact capitulated--that those
americans had suca decisive evidence
tat tie enemy not 6n.y threatened but
Wee resolved to perIetrate such an ont
we to De tod IN TIE face of
sacn facts, t. = those who refuse to de-
liver up the alel, are not responsible for
the consequence Are they not guilty of
treason In the true constitutional sense
1t thls comes fairly within the puryiew IF
the United States, and may be safe.y de-
Nominated treason, is a surrender or these
prisoners, treason also! May man be
indicted for dong aad for not doing an
act, and yet lie convicted in both cases
Is it treason to preserve our houses from
confias grafton, Our wives and daughters
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