Page:United States Reports, Volume 2.djvu/360

 354 Casas ruled and adjudged in the I 795- prevent the oiiieer from difcharging his duty in relation to the law`} public at large, the offence is, unqueltionably, High Treafon. Thus an oppolition vas lately made to the appointment of a particular jud e in Mifiu County, and he was, forcibly, driven from the Benji ; but the offence was profecuted merely as a riot, upon this principle of difcrimination, that the deiign was not to prevent the Governor from appointing any ]udge, but _ only to difphce an unpopular individual. · Again, it has been urged, that the criminal intention mult point to the fupprellion of all the excife oiiices in the United Stem, or it cannot amount toHigh Trcafon. lf it is meant_by this argument, that the infurgeuts o?P•·ng/jloania mult have con- templated a march from Georgia to New Hump/[wire, it is extra- vagant and abfurd : but, in another view, it is pcrfeflly correfi ; for, if it was intended that, by their lawlefs carreer and example, Congrefs {hould be forced into a repeal of the obnoxious law,* it necellinrily followed, that, from the fame caufe, the oilices of excife would be fupprelled throughout_the Union. That uni- verfality of objefl, which the books require, was infeparable from the nature of the oppolition; for, it was impoilible to contemplate the repeal of the excife law in one Survey, or in one State, without effecting it in every Survey, and iu every State. The truth is, however, that the infurgents did not entertain a perfonal dillike for Gen. Nwilie; but in every llcage of their pro- ceedings, at Courbir Fort, at the General’s houfe, and at Bra- da¢·L’.r field, they were aétuated by one Engle, traiterous, motive, a determination, if praéiicable, to frulirate and prevent the execu- tion of the excife law. The whole was one great infurreélion; and it is immaterial at what point of time, or place, from its commencement to itswermination, any man became an agent in carrying it on. Many perfons, indeed, may have attended in- nocently at Coucbfr Fort (as was the cafe with Porter) but thofe would not remain long, after the purpofc of the meeting was developed. To render any man criminal, he mul! not only V have been prefent, but he mult have taken part with the infur- gents; yet, whether he was prefent at Couehir Fort, on the march to Gen. N¢·viIIe’.r, or at the burning of the Geueral’s houfe, if his intention was traiterous, his ollimce was treafon. 3 by?. 9. The overt aéi laid in the indictment (which is drawn from the moll approved precedents) is levying war; and war may be levied, though not aétually made. Fg!}. 218. It is agreed that this overt af} mult be proved by two witneflesg but there ‘ is a difference as to what conltirutes the aft itfelf. Now, it is manifefi from every authority, that to aflernble in a bod, armed and arrayed, for fome treafonable purpol`e,· is an a£l: ofylevying war; this was the cafe at Coucb/J Pbrl; and the prifoner's active ltwidance there is provtd by a number of witacifes. It isnoi

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