Page:United States Reports, Volume 1.djvu/527

xxii  afterwars carried into effect.

Evidence may be given of an overt act committed in another county, after an overt act  is proved to have been committed in the county where the indictment is laid.

Evidence that the defendant had a power to let people in and out of the city, when in poffeffion of the enemy, ought to be received ; butnot as conclufive proof of his holding a commiʃʃion under them.

But evidence of his feizing falt, or difarming the Americans, does not apply to that fpecies of treafon ; tho’ it may prove his having joined the armies of the enemy.

It is enough to lay in the indictment, that the defendant fent intelligence, without fetting forth the particular letter or its contents.

The charge of levying war, is not, of itfelf, fufficient ; but affembling, joining, and arraying, with the forces of the enemy, is a fufficient overt-act of levying war.

There muft be an actual enliftment of the perfon perʃuaded, in order to make it treafon in the perfuader.

If an overt-act has been proved where the indictment is laid, the defendant's confeffion may be given in evidence to corroborate that proof.

Treafon is a crime known at the common law.

Treafon, which is nothing more than a criminal attempt to deftroy the government, may be committed before the different qualities of the crime are defined, and its punifhment declared by pofitive law.

After the peace, the Court would not fuftain a fuggeftion filed by the Attorney General, againft one who attainted in purfuance of a proclamation iffued during the war ; as a proceeding of that kind would contravene an exprefs article in the treaty with Great-Britain.

The trial of a mifdemeanor put off on affidavit of the abfcertain of a material witnefs ; but declared not to be a precedent.

The Court would not force the Crown to a trial, or difcharge the defendant: from bail, without fome appearance of oppreffion.

The ftat. 28 Edw. 3. c. 13. granting trials per medictatum lingue to foverigners, is in force in Pennʃylvania.

The affidavit of one who was landlord to the defendant in ejectment, admitted on motion to put off the trial of the caufe.

On affidavit of the abfence of a material witnefs, the court put off the trial, refufing to enquire what his teftimony would be.

The affidavit of a perfon eventually interefted in the fuit, proving the want of a material witnefs, is fufficient to put off the trial.

Granting new trials depends on the legal difcretion of the court guided by the nature and circumftances of the particular cafe.

ROM the moment of the affociation of the United States, they neceffarily became a body corporate ; for, there was no fuperior from whom that character could otherwife have been derived.

It was agreed in Congrefs when the Britiʃh army evacuated Philadelphia, that all the public property of the enemy, fuch as canon, &c. fhould belong to the United States ; and the private property of individuals to Pennʃylvania.

Congrefs during the late war, might lawfully direct the removal of any articles that were neceffary to the maintenance of the Continental army, or ufeful to the enemy, and on danger of falling into their hands ; for they were vefted with the powers of peace and war, to which this is a natural and neceffary incident.

Where a partial payment is made and received, on account of a given for the payment of money borrowed at ufurious intereft, the ufury is complete.