Page:United States Reports, Volume 2.djvu/362

 356 Cars: ruled and adjudged in the !79§· vritnefs proves, politively, that he was at the burning of Gen. "V" Nemllir houfc; and another l`ays, •• it runs in his head, that he, alfo, {aw the prifoner there.”` On this {late of the fa&s, a dif- ficulty has been fn efted. It is hid, that no af,} of Trealim was committed at garb': Fm; and that, however treafonable the proceedings at Gen. Ne·viIle’r may have been, there are not two witneifes, who prove that the prifoner was there. Of the overtAa& of Treafon, there mult, undoubtedly, be proof by ·· two witndfes; and, it is equally clear, that the intention and - the ac}, the will and the deed, rnuil. concur; for, s bare con· {piracy is not Treaibn. But let us coniider the prifoner's con- ddll in a regular and connected courfe. He is proved, by a competent number of witnelfes, to have been at Crock': Fort. At Coach': Fort the conipira was formed, for attacking Gen. ‘N¢·viIle': houfc; and the  was aélually paired on the march thither. Now, in Fgder arg. the very at]: of marchingis eonlidered as carrying the traitenous intention into et`&&; and the jury _(who will fometimes {ind the mol! poiitive tellimody, contradiflcd by circumltances, which carry arrennaus convic- tion to the mind) will conlider how far this aids ithe doubtful language of the fecond witnefs, even as to the fsf! of ‘- foner’s being at  Neoillir houfe. ’ On- the perfonal motives and tondu& of the  it -wou.ld be fuperlluous to make aj particular commentary. He ‘ was armed, he was a volunteer, he was’·a parryto the various ·confultations”of the infurgents; and in- every fcene oftthe infur- · re&ion,from the aliembly at Cousin': Ear: to the da prefcrilped ’for fubmiliion to the government, he maltes a. qmipseuous ap- pearance. His attendance, armed, at Bradaclh field, wouldof ¢-itfelf amount to Treafon, if his deli ‘ was trcafonablcl Upon the whole, whether the coniilirac at Couch}: Fart may ·of itfelf be deemed Treafpn; or, the confhirac there, _and‘the proceedings at Gen. Nwillfs houfe, are conlidered as_one a&, -(which is,· perhaps, the true light to view the fubjeét in) the prifoner mult be pronounced guilty. The conf uences are not. ' to weigh with the jury :—it is_then·_· province toedo juilice ; the attribute of mercy is placed by our Qonftitution in other hands. ` Verdi£k—GUu.·rr.* " The ed t general amnefiy to all the infurgents, rgho were not objects of, depending prolecutions.
 * The prifouer was pardoned; and the Prelidentafterwards grant-

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