Page:United States Reports, Volume 1.djvu/67

 56  far this defence, under the circumtances of the cae, would avail the prioner upon an indictment for High Treaon.

The Attorney-General, has referred to the declaration of independence, on the 4th of July, 1776, when the freedom and overignty of the everal tates were announced to the world; and alo, to a reolution of Congres recommending the formation of uch governments, as were adequate to the exigency of the public affairs. The iter tates purued different modes of complying with this recommendation. The citizens of Connecticut, New-Hamphire and Rhode-Iland, conidered themelves in a ituation imilar to that which occurred in England, on the abdication of James the econd; and, wanting only the form of a Royal Governor, their repective ytems of government have till been continued: while the other tates adopted temporary expedients, till regular contitutions could be formed, matured, and organized.

And here it is contended, that, prior to the contitution under which we now live, the tate of Pennylvania was governed by a council of afety, and committees. But to this, it is anwered, that until laws were paed by a competent legilative power, no government could be aid to exit; and, as the act of the 28th of January 1779, for the revival of the laws, virtually declares that they were upended from the 14th May, 1776, till the 11th February, 1777, it is inferred, that during that period, no allegiance was due and no treaon could be committed.

Although I think this point immaterial to the prioner, ince a government might have exited, and yet not be of uch a nature as to affect him, it cannot be denied, that a kind of government, independent of Great Britain, was adminitered in Pennylvania, antecedent to the etablihment of the preent contitution. The powers of overeignty were then lodged with Congres, under whoe authority a council of afety had been elected by the people, and were employed, in conjunction with other committees, to conduct the war, and to ecure, as far as o imperfect a ytem could, the rights of life, liberty, and property, within this tate. It is certain, indeed, that a formal compact is not a neceary foundation of government; for, if an individual had aumed the overeignty, and the people had aented to it, whatever limitations might afterwards have been impoed, till this would have been a legal etablihment—No expres proviion, however, has been at any time made, for defining what hould be treaon againt thoe temporary bodies; but it may be well enough to oberve, that treaon is a crime known to the Common-Law.

Afterwards, we find, that a General Convention, elected by the people, met on the 15th day of July, 1776, for the expres purpoe of framing a new government; and during the eions of this body, its members, collectively, aumed the powers of making ordinances, of appointing members of Congres, and of defining High Treaon, and its punihment—All their proceedings and injunctions, except the ordinance repecting treaon, were approved and exe- cuted