Page:United States Reports, Volume 2.djvu/361

 CmcU1‘l' Uovl.1', Pemjlwuia Dillriét. gg; required that every witnefs lhould- have feen him at the fame fpot, 179;. at the fame moment, and in the fame a&; but if they fee him VVV at the place and time of rendezvous, exhibiting the fame fpecies of trairerous conduél, the law is fatrslied; ' he confpiracy to levy war being elfeéted, all the confpirators are guilty, though the did not all attend at Gen. Nwillir houfe. r Hol. I'. C. nga. , 1*3/X arg. 2l5» Belides, the meeting at Br¤do¢L’: field is a di- llinélz and iubllantive a& of Treafon; and the prifonerisproved by four witnelfes to have been there. The delipn of the meet- ing, was, avowedly, to oppofe the execution 0 the excife law, to over-awe the government, to invobre others in the guilt of the inl`urre&ion, to prevent the punilhment of the delinquents, to banilh unpopular individuals from the town, and to attack the garrifon of Pit¢urg. .The hally declarations of the gnu anim, proceeding from the prifoner imfelf, ought not to have muchweight, were they not fo ilrongly corroborated by other ltllimo. . Thexiharge of ·r=m:_Comt·r was delivered to the ]ury in fob- hnoe as follows. · _ Prrrsusoxg fgdiea. The queliion to be conlidered is, what was the eneral ob'e£t of the infurredlion? If its object was to fuppreli the exeilie .oEces, and to prevent the execution r•f an ad]. of Congrelir, by force and. intimidation, the oEcnce,.in_ legal eltimation, is. High.Ti-eafon; it is an ufurpation of the authority of government ; it_is High Treafon by levying of war. Talring the tellimony in a rational and conneéledpoint of view, ` this was the objeétz It wasof a general nature,. and of nation· at °°¤¢W~. — . .. . Let us attend, for amoment, to the evidence. With what view was the attack made on General .N¢·uiIle’s houfe? Was it to gratify a fpirit of revenge againll him as.a private citizen, as · an individual? No 2-·as.a private. citizen he had been highl ‘re· fpeéled and beloved ;_ it was onlyby becoming a public ollicer, that he became obnoxious.; and itwas on account of his hold- . ing the excife olhce alone, that his- houfe had-been alfailed, and his perlbnendangered. On the lirll: day of attack, the infur- gents were repulfed.; but they rallied, returned with greater. orce, and fatally [ucceeded in the fecond attempt. 'Ilhey were arrayed in a military manner; they alibéted the military forms of negociation by a Hag ; they pretended no perfonal holtility ' to General Mwilleg but Jhey inlilted on.. the furrendcr of his 'commillion. Can there be a doubt; then, that the cbjectof the infurreétion was of a genetal.and•public nature ?· · ` 'I`hc jémml quellion. to be conlidered, is—how far was-the prifoner traiteroull connected with the infurgents ? It is pm- ved by four witneges, that he was at Caucbis Fort, at a great elilhance from his own home, andtlnat he was armed. One ` Yy a. wituefs

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