Page:United States Reports, Volume 2.djvu/376

 * 37Q Cnsn ruled and adjudged in the ` ‘ ‘797· Apr:] Term, 1 797. ——·-$-—- - Prefent-Insm:r.r. and Pnens, fiylieer. i - The Unrreo Suns ver_/ic: Vu.u·ro. u Iz A RIQ7 HE defendant had been committed by the Diitriit judge, ' on a charge of Hgh Trea/in againit the United States, and on the retum to a Haha: Ccvpur, iliiied under the a& of Penwlvania (2 Val. DaII.Edit.p. 24x ) it appeared, that he had . entered on board of a Frmeb privateer “ in parts out of the ter- ritory of the Unzed States, éagd that, having fo entered, he aided in c turin an mericunv el.” Bari: it Wgs ohje&cd, by Dallas and Du Ponceuu, for the pri- foner, that he was not liable to a charge of Higlr Tren/Bn; be- caufe he was by birth a Spaniard, and had never become a nai- turalizzed citizen of the United State:. Thehy contended, there-é fore, that he ought to be difcharged from e profecutiou; in- gpebngent of any inquiry, whether the ofence could be deemed ig rea rm, even in a citizen. The faés were thefc :—Fram-ir Villain was born within the dominions of the King of Spain; he came from New Orleans to Pbiladzqibia in the beginning of the year r7gg, and, on the 1 1th of May following, he took and fubfcribed, before the Mayor of the City, the oath fpeciiied in the third feéliorn of the aft of Aiiembly, pailed on the rgth of Marr}: 1789. 2 Vol. Dall. Edit. p. 676. He afterwards went to the Wg]? Didier, entered on board a French privareer, and a€ted as prize-matter of the Awcwcan brig _‘]alm of New-York, which the privateer had taken, - while he was on board, and procured to bc libelled and con- demned at Cape Frnnpi:. Under thefe circumitances, the arglument entirely turned upon the queilion; whether the prifoner ad become a citizen of the glazed Stain, in cmyifequence of the oath taken and {ubfcribed im, on the ut ofMa 17. yI·`or the ayjirmative of the gropgiition, Lee, the Attorne Ge- · ·neral of the United Staten-, and Morgan, contended, that die afi: .of Pmryjvlvania was in force in the year l793; that it was not affefted by the efiablilhment of the new State Coniiitution, nor ‘ repealed by any fubfequent law 5 that the power of naturalira- tion

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