Page:United States Reports, Volume 1.djvu/48

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37
COURT of OYER and TERMINER &c. at Philadelphia.


1778.

and proved. But, he contended, that it was unneceffary to fill the indictment with a detail of the whole evidence in fupport of the profecution ; fro, if the charge is reduced to a reafonable certainty, it is all that juftice can require, and it is all to be found in any former precedent. Divers overt acts may, alfo, be laid in the fame indictment ; and, though fome of them are faulty, if one be well proved, it is fufficient to entitle the Commonwealth to a verdict. When a perfon was charged with compaffing the king's death, evidence was allowed to be given of the prisoner's affembly with forty men, though that overt act was not laid in the indictment. Foʃt. 245. id. 9. 10. 22. As to what amounts to levying war, it is faid Id. 216. that the joining with rebels in an act of rebellion, or with enemies in an act of hoftility, w. 'l make a man a traitor. So, likewife, fhutting gates againft the king, or his troops, is confederacy with enemies, or rebels, comes within the fame defcription of treafon. Id. 218. and the fame overt act may be applied to feveral diftinct branches of treafon, Id. 196. 7. 8. where, it appears, that lord Preʃton's taking 'boat at Surry ftairs, with the intention of carrying treafonable papers into France, for treafonable purpofes, was a fufficient overt act in Middleʃex, to maintain the indictment there. Id. 217. 218. The form of the prefent indictment is fimilar to that againft Eftates M' Donald. Id. 5. The charge of levying war is made in the fame manner, as in the proceedings againft the rebels in the year 1746. And the arraying and marching are alfo laid agreeably to the terms of all the precedents.


The CHIEF JUSTICE delivered the opinion of the Court to the following effect:


m'kean, Chief Juftice. There are[♦] three fpecies of treafon in Pennƒylvania: Firʃt, To take a commiffion or commiffions from the king of Great-Britian, or any under his authority ; ʃecondly, To levy war againft the State or Government thereof ; and thirdly, Knowingly and willingly to aid and affift any enemies at open war againft this State, or the United States of America. With refpect to this third fpecies of treafon, the Legiflature has further explained the meaning of the words, aiding and aʃʃiʃting, to be, "by joining the ar-

"mies of the enemy, or by enlifting, or procuring or perfuading

" others to enlift forthat purpofe ; or by furnifhing fuch enemies

" with arms or ammunition, provifion, or any other article, or ar-

"ticles for their aid or comfort, or by carrying on a traiterous cor-

" refpondence with there."–All thefe feveral fpecies of treafon are laid in this indictment.


[♦]As act of Affembly paffed the 3d December, 1782, has encreafed the number of treafons, by declaring, that "erecting, or endeavouring to erect a new and in-

"dependent government within this Commonwealth–" and alfo "fetting up any

" notices, written or printed, calling the people together for that purpofe," are acts of high treafon. See 3 State law, 152.

It