Page:United States Reports, Volume 1.djvu/70

 Rh  of perons then inhabiting the tate, or who hould thereafter become its inhabitants. Hence a decriminaion is evidently made between thoe perons, and uch as had previouly joined the enemy;—meaning that this election to adhere to the Britih government, hould not expoe the party to any future punihment. It is true, that there are not any negative words to this effect; but, taking the act for the revival of the law alo into conideration, we think the deire and intention of the legilature ufficently appears to have been, to allow a choice of his party to every man, until the 11th of February, 1777; and that no act favouring of treaon, done before that period, hould incur the penalties of the law.

This contruction, it may be aid, is favorable to traitors, and tends to the prejudice of the Commonwealth. But we cannot be influenced by obervations of a political nature in the expoition of the law; it is our duty to eek for, and to declare, the true intention of the Legilature; the policy of that intention, it is their duty to conider. The entiments which I have now delivered, I always entertained. On the 13th of Augut 1779, the Executive Council had fifteen or eventeen perons in their power, who, though not attainted, were in circumtances imilar to the Prioner’s. On that occaion I was conulted, and gave the ame opinion; but with great diffidence, owing to the novelty of the quetion. Thoe perons were, accordingly, treated as Prioners of War.

But there is yet another important point to be examined in the cae before us. By an act, ubequent to all thoe which have been mentioned, it is declared, "“that all and every peron and perons being ubjects or inhabitants of this tate, or thoe who have real etate in this Commonwealth, who now adhere to, and knowingly and willingly aid and ait the enemies of this State, or of the United States of America, by having joined their armies within this State, or elewhere, or who hereafter hall do the ame and whom the Supreme Executive Council of this State, by their Proclamations to be iued under the State eal, during the continuance of the war with the King of Great-Britain, hall name and require to urrender themelves, by a certain day therein to be mentioned, to ome, or one, of the jutices of the Supreme court, &c. and hall not render themelves accordingly &c. hall from and after the day to them to be prefixed by uch proclamation tand and be attainted of high treaon to all intents and purpoes, &c.”"

–Under the authority of this claue, the Prioner was duly required by proclamation to urrender himelf; and, therefore, his cae eems to come properly within the act.

Generally peaking  laws are unjut and improper; but there may certainly be occaions, when they become neceary for the afety and preervation of the Commonwealth; and although no Legilature had previouly met, yet the aembly that paed this law, if they were impreed with the neceity of the cae, had incontrovertibly a right to declare any peron a traytor, who had gone over to the enemy, and till adhered to them. The validity and