Page:United States Reports, Volume 1.djvu/48

 Rh  and proved. But, he contended, that it was unneceary to fill the indictment with a detail of the whole evidence in upport of the proecution; for, if the charge is reduced to a reaonable certainty, it is all that jutice can require, and it is all to be found in any former precedent. Divers overt acts may, alo, be laid in the ame indictment; and, though ome of them are faulty, if one be well proved, it is ufficient to entitle the Commonwealth to a verdict. When a peron was charged with compaing the king’s death, evidence was allowed to be given of the prisoner’s aembling with forty men, though that overt act was not laid in the indictment. Fot. 245. id. 9. 10. 22. As to what amounts to levying war, it is aid Id. 216. that the joining with rebels in an act of rebellion, or with enemies in an act of hotility, willl make a man a traitor. So, likewie, hutting gates againt the king, or his troops, in confederacy with enemies, or rebels, comes within the ame decription of treaon, Id. 218. and the ame overt act may be applied to everal ditinct branches of treaon, Id. 196, 7. 8. where, it appears, that lord Preton’s taking ’boat at Surry tairs, with the intention of carrying treaonable papers into France, for treaonable purpoes, was a ufficient overt act in Middleex, to maintain the indictment there. Id. 217. 218. The form of the preent indictment is imilar to that againt ''Eneas M’Donald. Id.'' 5. The charge of levying war is made in the ame manner, as in the proceedings againt the rebels in the year 1746. And the arraying and marching are alo laid agreeably to the terms of all the precedents.

The delivered the opinion of the Court to the following effect:

Chief Jutice.&emsp;There are three pecies of treaon in Pennylvania: Firt, To take a commiion or commiions from the king of Great-Britain, or any under his authority; econdly, To levy war againt the State or Government thereof; and thirdly, Knowingly and willingly to aid and ait any enemies at open war againt this State, or the United States of America. With repect to this third pecies of treaon, the Legilature has further explained the meaning of the words, aiding and aiting, to be, "“by joining the armies of the enemy, or by enliting, or procuring or peruading others to enlit for that purpoe; or by furnihing uch enemies with arms or ammunition, proviion, or any other article, or articles, for their aid or comfort, or by carrying on a traiterous correpondence with them.”"

All thee everal pecies of treaon are laid in this indictment. It