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

your lIonorS: well hoping that for r"1"r therein
the said Judgment will he reversed 10Y the fol
lowing. among other
REASONS:
Ia" said indictment consisted Of iOur counts
which were (aS described in IN endorsement
thereon ior treason. advising and conSprirg
with slaves and others to rebel aud !or murder
and II was, in each oi the said counts. against
vour Ectilou.r and divers others. Your pCti.
tiouc,. however was tried alone upon it. And
after verdict tSlCll aS it was. which IN the
preamble Of the Judgment aforesaid iS rrcite'l
as conviction "of treason. ;'iyi>!m-, and con.
spiriny with Slaves and Others tn rri,.l. and for
murder in the first degree. ":ir general iudg.
rncnt oi' ,cath wa npon the wt,nic "l the SAID
ndi."r!m";h, pronounced against y"'r pelitionci:
Notwithstanding vour petitioner. between the
time 81 the aid v"r'llr: hciu- rendered
and nr the SAID juig'uc''; hcnS pro,
nn,mccd moved the count Ia arrest ihC
Judgment on ten several grounds, winch are all
set out in hill ol exceptions, signed and sealed
hv the Judge Of the said Circuit Court. and +"
he seen in pp. II, lG Of the said transcript. For
brcvitv sake your petitioner hcCS leave to refer
your honorS thlther Tor them, instead "f his
causing the whole Of them 10 he copied here
crrbaiim And for The same consideration.
that unnecessary pr'liNit, may hc avoided,
while he does not wa!vc any "i the said ten
grounds. hut relies and insists upon them all,
aS reasons ior now reversing the Judgment
which he could not prrraii IT, have arrested,
and accordingly praya yonr h"nnrs to give to
hun the lawful hcncit OF ca"H: h. will here
dwell only upon those noticed il! ia" sequel o
tbs petition.
rhc third in order of the grounds 80 stated
for the said motion in arrest was expressed il
these wor,iS because il iS unt avcrrci in
the first count Of the Indictment uhc count for
treason, that the said defendant was. at the
!i,nr al The commission Of the offence therein
rta: gv,'. q citizen Of the State al Virginia. OF
nf the ni:ri state, The meanic; ANA inI
port ~ which ni.jc'rnn va. that the said
rrur; did n"r rhar.. lh" ,,l "il"uc" agrtms!
H." commonwealth al Virginia. - il Src,us to
have been designed I" consider il, ~ against
the nitrd States, If i; was ~ designed tn con
slider IT, tn l,v" been r"Inurtri ia breach o
an. ali, .iau.c la" cor: you' petitioner t'
rthcI tn" former ~ ~" la''"'. Anil y! any
rate, as tn" said ca'iut did nr; -, charge, yn,l
petitioner is advised that hr hath now the right
To insist upon such defect Of tie indictment, ~
mcni. whether II was ar WAS not distinctly PM
forward ;> ground of lis >aih motion N ar
rest. .ircrdinsly h. humhiy puts ii. hi'
ram 10 the benefit Of it both ways
Tia; treason canno! hc committed again>
the nlcd states hu: by on" who owes ale
ciincc perpetual or temporary to the Govern
mcnt thereof. i established by the highest j'l
dicial authority of that Government itself
Wheat. 9G-"7. United States Y. WiltbcrScr.-
And that, if treason can be- committed nj a}
against the Commonwealth Of Virginia. sine
the adoption Of the Federal Constitution:
poirt drawn into question hy the fourth, i'll oi
der. Of ih,. grounds alleged ior the aiorcsai'
motion IN arrest ,and in regard to which. Il
save the trouble Of returning IL il hereafter
your petitioner hcs> leave now 10 refer 10 a.
able discussion oi that precise poin; in Tia
American Law Magazine. numl-y : for .|ann
arv, lS45, vol. ). PIP. 3lS-%5o,--it can only b
committed hv one owing alcginmc" ,of one .
the other Of the kinds above mentioned
,n the said Commonwealth. i suppose
70 he very certain, though not known TO hav
been in like manner established See DAVIS
Clim. Law T." The statute enacted VI the 'irS
wear of the Commonwealth, entitled An ac
j.rlnrinG what shall be treason. is las TO tn
part material at present to be nntice'll in theS
words: .Whcrc;, divers opinions may IN
uhat r,,w -hGN be- mijy,lgsI tr''"o" d"d ,rh"
ngt. be it enacted sy the General assembly -
,lc commonwealth Of Virginia, that il " w0'
10 levy war against this Commonwealth in ,h
same. nr he adhercut to the enemies ci th
Commonwealth within The same. giving Il
them aid and comfort in the Commonwealth o
elsewhere, and thereof be legally convicted
open deed b. she evidence Of two sufficient ant
lawful witnesses, or their own voluntary '"n
IcSsion. n" srtsts abnrs rehclrS,d shaW he '"f
ju.Igei treason. which cxtcn,icth 10 the tom
monwcath." d? Hen Stat. It's. October / 80
4. =. & /. And in this form it continued through
nil the rcyi>alS Of the laws, q Shrril. Stat le'
Oc,. l7"2. c. 20, :. /; Nirg. Laws. i."i. 7. 2s2
T.. Isl. = / Il. E. 1905, +. 30, =. ';:". :.
Il. &. I>l.t. = .>i. {. lii. :. !: Il. e. ISL"
D. ,an. =. lI2. :. u; until il was altered at th
>,.>i,n. :" Assembly III lS+I-lS+>, ~ tn
u,:rr,.r 10 hc hereafter mentioned. III 'his
it, orI. NAL lnriu, II wa, rp"n the in"dc'. and
as to the points Of comparison material M" Il