Page:United States Reports, Volume 2.djvu/353

 Cracorr Counsr, Pmrjylvaniu Dilltiét. 347 the prefent inltanee, to compel the relignation of Well: the Ex- 179 gi cife Ollicer, fo as to render null and void, in e{l`c&, an aét of 1.r~r~J Cmgrg/}; conllituted the apparent, the avowed, objefl: of the infurreétion, and of the outrages which the prifoner allilled to commit. Combining thefe faéls, and this delign, the"crime of High Treqm is confummate in the contemplation of the Conltitution and Law of the Uuiml Smit:. ’ ‘ __ The counfel for the prifcner have endeavoured, in the courfe of a faithful difcharge of their duty, to extraét from the wit- neffes fome tcllimony, which might juliify a defence upon the ground of durefs and terror. But in this they have failed; for the whole fcene exhibits a difgraceful unanimity; and, with regard to the prifoner, he can only be diltinguifhed for aguil- . ty pre·eminence in zeal and aétivity. It may not, however, be ufelefs on this occalion, to obfervc, that the fear, which the law recognizes as an excufe for the perpetration of an olfence, mult proceed from animmediate and actual danger, thrcatena ing the very life of the party. The apprcheniion of any lofs of property, by walle, or {ire; or even an apprehenlion of a {light' · or remote injury to the perfon, fumilh no excufe. If, indeed, {`uch circumllances could avail, it would be in the power of ei very crafty leader of tumults and rebellion, to indemnify his followers, by uttering previous menaces ; an avenue would Be forever open for the efcape of unfuccefsful guilt; and the ;whole fabric of fociety mult, inevitably, be laid proftrate. · » Atechnical obje£tion has, alfo, been fuggelled in favor of the prifoner. lt isfaid, that the offence is not proved to have been committed, on the day, nor the number of the Infurgent party to be fo great, as the indiétment {lates; But both thefe exceptions, even, if well founded infaét, areimmateriaf in point of law. The crime is proved, and laid to have been committed, before the charge was prefented; and whether it was committed by one hundred, or {ive hundred, cannot alter the guilt of the defendant. If, however, the ]ury entertain any doubt upon the matter, they may find it fpecially. _ Verdict, GU1LTY.* _ Xx 2 The ` " The Court having waited about an hour for the ]ury (hill half pall: ten o’clock at night) adjourned 'till r t o'clock the next moruingi Jul} after the adjournment tcok place, thc ]ury requelied to fee For- ter’.r Crown Law and the Act.: qf Congress, which, by confent, were accordingly lent to them. I am told, that they remained together ’till between 3 and 4 o'clock in the morning, when they wrote, ligned, and {`ealed up, their verdict and adjourned. On the next mornin (the 2 gd of M4) 1795) they appeared at the bar 5 and, being called . . over,

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