broken his leg a year or two since, he uses a crutch, and perhaps this adds somewhat to the indifference or doubt with which you contemplate him. But when he speaks, your opinion immediately changes. . . . I heard him a day or two since in support of a bill to define treason, reported by himself. Never did I hear such all-unhinging and terrible doctrines. He laid the axe at the root of judicial power, and every stroke might be distinctly felt. His argument was very specious and forensic, sustained with many plausible principles and adorned with various political axioms, designed ad captandum. One of its objects was to prove the right of the Legislature to define treason. My dear friend, look at the Constitution of the United States and see if any such construction can possibly be allowed! . . . He attacked Chief-Justice Marshall with insidious warmth. Among other things he said, 'I have learned that judicial opinions on this subject are like changeable silks, which vary their colors as they are held up in political sunshine.'"[1]
Had Giles's proposed definition of treason become law, it would in another half-century have had singular interest for Virginians of his school. According to this bill any persons, without exception, "owing allegiance to the United States of America," who should assemble with intent forcibly to change the government of the United States, or to dismember them or any one of them, or to resist the general execution of any public law, should suffer death as a traitor; and even though not personally present at the assemblage or at the use of force, yet should any person aid or
- ↑ Story's Life and Letters of Joseph Story, i. 158-159.
