Page:United States Reports, Volume 1.djvu/71

 60  and operation of the law, however, the prioner is now precluded from controverting, if, at anytime before the date of the proclamation, he was a ubject of the State of Pennylvania.

Here, then, the matter rets. Had, the iue been in the dijunctive, the prioner would clearly have come within the decription of an inhabitant of Pennylvania; but when the word ubject is annexed, it means a ubjection to ome overeign power, and is not barely connected with the idea of territory—it refers to one who owes obedience to the laws, and is entitled to partake of the elections into public office. On this point, therefore, we mut again advert to the act of Aembly, declaring what hall be treaon, which has no retropect, and to the act for the revival of the laws, which implies a upenion of all the laws from the 14th of May 1776, to the 11th of Feb. 1777. If there were no laws to be obeyed during that period, the prioner could not be deemed a ubject of the State of Pennylvania on the 26th day of December 1776. Whether the Legilature meant to include this cae we will not poitively determine;—it is a new one, and we ought to tread cautiouly and ecurely: But, at all events, it is better to err on the ide of mercy, than of trict jutice.

The jury found a verdict of not Guilty. 

HE Attorney General filed a uggetion, lating, that Johua Buffington of the county of Cheter, yeoman, being a ubject, or inhabitant of the State, was by proclamation of the Supreme Executive Council, dated the 2d of October 1780, required in puruance of the attainder law, to urrender himelf to a jutice of the Supreme Court &c. on or before the 13th of November, 1780, to abide his legal trial for the treaons in the proclamation mentioned, &c. That the aid Johua Buffington did not urrender himelf, &c. whereby he is attained, &c. and he prays an award of execution. Johua