Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1859-11-22

original and the ancient English translation
The latter, 80 lar a. = comparison Is desirable,
is as follows: "lt-ui, whereas divers opinions
. have been before this time IN rhdt case irS0.
san xioit be m,iJ, tn ,rh1f MT, the king. at the
request of the lnid. aud Of tue commons, hath
made 4 deri1rf'!ioE in the manner as hereafter
followeth that i I" say, when q mGD doth
cornna~S cr imacinc &C., &c, "or if Il mgh
10 levy war against n'r lord the king in his
realu,. or BE aihcrcut to the kings enemies in
Lis realm giving t" them ad and comfort in
l!l" realm nr ELSEWHERE, and thereof be prnba-
bly, fpror'hi.m"Dn attained Of open deed hy
the people uf their condition. &C.. &C.. "it is
to he understood, that u he rnses aL"rc re-
h"rs>I Mo' "nyhf t9 he oLjUdg,d treason
which extends {" Ia onr lord the king, and his
roval majesty Thus it is seen that no more
i. ,aid about allegiance in the one than in the
other of these statutes; but in each the person
who shall he capable of committing treason is de-
Scrhea anr as ~ a,.fG" Ye; under the statute of
Edward il has been invariably holden that 80
0Jna can he guilty If that offence. unless nj
the ti,nc he "@es ;,licgancc--thc authorities
which prove this are 80 numerous and familiar
that il /, entirely rccilcsS to cite anv-and rs
the Virginia statute was copied 80 closely from
it, with perfect Knowledge, on the part Of the
great m.n who srt in that legislature aud led
its co,lnsciS, that suc!, was the settled nterrr".
tariOn. the same Interpretation must he pu, "n
The provision then enacted by them. There is
no more perfectly settled caron Of legal and
political hcrmencutics. than this Srdw Stat.
Csnstit. Law ., .l2G > Pet :. &. Rep Is,
Pennock v Dialogue; 3 Pet, ) e. Rep. 2Sn.
Clthcart v Robinson; 3 Scamm. 2sS, Camp
bell e. Qunlin; y Maine Rep. ., Myrick V.
Iasev: 81 Eerm. Rep. 9jG Adams.v. Field /;
- Mi>>>. Rep. 2l3 lngraham V. Rcgan: IL
Hin. Rep. H. Rgg V. Wilton: Engl Ark.
Rep 5g4, Mckenzie V The State; 3 Gray
$50. Comm. v llartnett; % Alab Rep 800.
Duranrs !. Harrison; : Indiana Rep .. The
State V. Swopc. Indeed, the Virginia statute
of l7116 was nothing more than an adaptation
Ia the nrw form os government then just ADOPT.
ci. Gf the same las concerning tIc,So: undcr
which yirginians had a!wavS lived since the
ii.; foundations ot the colony II the session
OF ISIS. while the whole BODY Uf the
statute law wa> undergoing slow pro-
cess Oi revision. through the iHstrumrn.
taty Of rcvisors, the Legislature itself executed
q revision of the statutory criminal law, and
crar;rh - provision on the snhcrt If treason
t>"S> Acts ISIS. T.. -. =. lan. tit. . C. >, =
i, which waS iD words almost the same and
in legal effect plainly identical, with the pro
vision Of the present Code L. lgO.s. Urea.
son ,halI consist on|Y in levvinc war against
the Stat" 80 adhcrinE In lis cricmicS giving
thcu aid aud comfort, or cStablI-hing. without
authority OF the Legislature. any government
within is limits, separate from the existing
government; or holding or executing, in such
u>urpcd government, any office. or prOieSsln. !.
allegiance or fidelity To ii, or resisting the exc
cution of the laws, under color of its author!.
tv' But this enactment cannot he construed
rs expanding the law "i treason 20 take in. Is
persons capable Of committing il, such as owe
10 allegiance 10 the Commonwealth: for two
reasons. |. II i settled, that III constituting
that Code an alteration Of the former law must
be presumed not to have been intended. unless
au intention To- make such alteration plain
Is appears. II Graft 900, Parramorr 8.
Taylor. See also | MunC 300, 20I. Dill
lard y. To;nliu>On; j Rand G6i GjJ. Comm.
v tarv":: G Rsnd ~. Shirley V. Long;
& i."':l 80. .nn =. Jones; : Barb.
Rep. ~. lrcswc.i y. Crane; { SandE. :. G..
Rep. so. Doruinick v Michael: Foster i2r,
Moucr> V. Banker: :; Iabrisk ish, re Murphy:
- Alab Rep. 326. DuramuS Y. Harrison; D
Texas Rep -, Ennis y. Crump; 80 y. llampSE.
Rep. 2lT, Burnham Y. Stcvcns; ScdGw. Stat.
ConSt Law +2S-i29. And =. the cXprc>-
lion. tha, treason .iail consist "njg in levy
ing var, Ar.. &r., :" far from meaning that
IcYving war. *, Nc. shall ;iDHt be sllihcicat
, To- constitute treason l., 'ry bg"y. with
.ilt more. and especially without any obi.
cation Of Allegiance; imports, on tue CON.
rrary, that treason shalt aoi lee capable "l
hcin. committed ia aEy rHy Eft by such acts.
even thoura the person accused does ore alic
i- al 1. .,
only the rule r- above stated bu: also the An"" :;
rule about ;hr Interpretation OF penal statutes;
and it is fIr,;.r: rrrf.Hrr.i 'y til, c"n-id"'t-
ton: Maniicsiy rhs lorm oi expression is
borrowed fr,m H." Constitution o! the n;;e,;
States. article B. >ca;:on ., chap. !; ';rcason
against the United states shall CONSIST
oaly in levying war against them. or aG''"-
ring to their cnc,uics. c,iyin; them aid a:Ia
comfort" and in the ca-c before cited, oi
I nitcd States V. Wilti.erEer. : Wheat. ?ti-?',
! Chief Justice Marshall. delivered the opinion
of the Supr enc ,o;irt of the United States,
.;,rkc as follows: The iir-; section Of arcrtain
n,t cf Congress defines the crime u; t-casoa.auh
declares that il any person or persons AZ al
Icciancc to the United STATES OF Americi snail
levy war, DC. such person or persons shall hc
adlnigri guilty Of treason. hr The second
section ,iriincS miSprison Of treason; and ~ the
description OF the persons who may commit IT.
an rs the words owing allegiance I" the nitr'l
S,atcS and uses EIdOHt tUaitati1n, the Scnc-
ral terms ANY person or persons let, II las
been said these general terms wcre obviously
intended To hc limited. and must he limited, by
the words lowing allegiance 70 IN" cited
States" which are used in fhc prcs1td!nS Sec.
lion. Il is admitted. that the gtnc!ui terms "l
the srrr;nn wnst br so limited; bnt it X pr: al.
wi:',.i. tia; le inference drawn irnm this r',-
rumstancc in favor nl Incorporating tie ""niS
Of one section of this at into another. = a iair
one Treason - \ Ri:E tCu u ALLEGIANCE :, iNI
CAS- rr COMMITTED EY III" uSIY WHO OWE: ALE
GI,N.E r:TnEr PERPETUAL OK TEMPORARY. Inc
words therefore. .'uwing allcganr- - tie
United States in the first section, are er;rrty
.uyl1us ,cor,is. ,rh.rh do "d', Il. tic S.s"htG.t
.}lgy,,. dGirt ;ts~Gm. III. construction ""Hh
IL precisely lie ,"0,'. tCyt they omHi". hen
therefore 8" sivr In" >ainc construction !" III,
second section. we do not carry th"s" words mt
il but corStruc il rs il would be construed III
, ,lcpen,irnt u, the frs" In other words, th,
strong expression ""hg person "r persons.
when used il connection with treason. Shall h'
construed tn mean "n!F any person or PEI
sons OWN. allegiance. notwithstanding "'ei
. very strong Sclnblancc ot their b"hg Set II
oniyl,s' 10 the words ri j prerritbg >crt!on
I ANY person or persons c'rih? "'9''""'.
. I'm truth, all le.iSlation Esglish and irrIraTi
: indicates it plainly, as thing known and M
/, ,lerStood that treason is COMMON law offence
with its common law constituents, "rc oi whIc'
j is breach Of allegiance: aud the whole object "
such legislation. ard of constitutional pro
. visions on the same subject. is t" i.>tr" ny
: within certain limits. what might 4! - IL. a'
. 'ex;ravagant and crlrng spirit of the court
in extending the iaw aud The penalties "i trr''
, son to cases 10 which it ought not 10 b" NJ!
piled.
: Which being so. then. by " kn""n rule "
: criminal pleading, no indic.nen; i"l ;rcas"i
8 can he good which does not. in PLAIN terms
CHARGE il 10 have i.e,.,, done ~ "r'rrb "f "i|tg,