L. S.) United States, Diftri& af Pennsylvania, f. 9. Philip Wager, 10. Robert Smith, 11. James Crawford, 14. William Montgomery 18. Benjamin Bartholomew, 20. William Hall, and And they were discharged on the fez cond of May. 3d. That there were nine indictments found for treafon at that term-one indict ment against three perfons for other capital crimes, and twelve indictments against forty five perfons for misdemeanors, confpiracy, obftructions of procefs, rescue, and unlawful combinations. 4th. That the witneffes were not bound over or fubpoenaed against Fries in parti. cular, but against the perfons to be profecuted generally, that there were eighty three witneffes in the whole: That in the cafe of Fries there were nine qualified to give evidence before the grand jury, and nineteen to give evidence before the petit jury; that the indictment go which the faid John Fries had been tried and found guilty at April term, 1799, was quafhed by the order of William Rawle, the attorney of the United States, for the dif. trict of Pennsylvania; and that another indictment was found against the said John Fries, in the following words, to wit: In the circuit court of the United States of America, in and for the Pennfylvania diftrict of the middle circuit. The grand inqueft of the United States of America, in and for the Pennfylvania district, upon their refpective oaths and affirmations, do prefent, that John Fries, late of the county of Bucks, in the ftate and district of Pennfylvania, yeoman, owing allegiance to the United States of America, wi.kedly devifing, and intending the peace and tranquility of the faid United States to disturb, and to prevent the execution of the laws thereof within the fame, to wit, a law of the faid United States, intituled "An act to provide for the valuation of lands and dwelling houfes, and the enumeration of flaves, within the United States," and alío a law of the faid United States, intituled "An act to lay and collect a direct tax within the United States;" on the feventh day of March, in the year of our Lord one thousand feven hundred and ninety-nine, in the county of Northampton, in the state and district aforefaid, and within the jurifdiction of this court, wickedly and traitorously did intend to levy war against the faid United States, within the fame, and to fulfil and bring to effect the faid traiterous intention of him the faid John Fries, he the faid John Fries afterwards, that is to fay, on the faid feventh day of March. in the faid year of our Lord one thousand seven hundred and ninety-nine, in the faid ftate, district and county afore. faid, and within the jurifdiction of this court, with a great multitude of perfons, whofe names are to the faid grand inqueft unknown, to a great number, to wit, to the number of one hundred perfons, and upwards, armed and arrayed in a warlike manner, that is to fay, with guns, fwords, and other warlike weapons, as well offer five and defenfive, being then and there unlawfully and traitorously affembled, did traiterously affemble and combine against the faid United States, and then and there with force and arms, wickedly and trais toroufly, and with the wicked and trai. torous intention to oppose and prevent, by means of intimidation and violence the execution of the faid laws of the faid United States, within the fame, did array and difpofe themfelves in a warlike and hoftile manner against the faid United States, and then and there, with force and arms, in pursuance of fuch their trai torous intention, he the faid John Fries with the faid perfons fo as aforefaid, trai toroufly affembled, armed and arrayed in manner aforefaid, wickedly and traitor oufly did levy war againit the said United States. And further to fulfil and bring to effect the faid traitorous intention of him the faid John Fries, and in pursuance and is execution of the faid wicked and traitorous combination to oppofe, refift and prevent, the faid laws of the faid United States from being carried into execution, in the ftate and district aforefaid, he the faid John Fries afterwards, to wit, on the faid feventh day of March, in the faid year of our Lord one thousand seven hundred and ninety-nine, in the ftate, dif. trict, and county aforefaid, and within the jurifdiction of this court, with the faid perfons, whofe names to the grand inqueft aforefaid are unknown, did wick. edly and traitorously affemble against the faid United States, with the avowed intention by force of arms and intimidation, to prevent the execution of the faid laws of the faid United States, within the fame; and in pursuance and execution of fuch their wicked and traitorous combination and intention, he the faid John Fries, then and there, with force and arms, with the faid perfons to a great number, to wit. the number of one hundred perfons and upwards, armed and arrayed in a warlike manner, that is to say, with guns, fwords, and other warlike weapon, as well offenfive as defenfive, being then and there un awfully and traitoroufly affembled, did wickedly and traitoroully refift and oppofe the marshal of the faid United States, in and for the faid Pennsylvania diftrict, in the execution of the duty of his office of marshal aforesaid, and then and there with force and arms, with the faid great multitude of perfone, fo as aforefaid unlawfully and traitoroufy affembled ad armed and arrayed in man, ner aforeid, he the faid John Fries wickedly an traitorously did oppofe and refift, and prent, the faid marthal of the faid Unite State, from executing the lawful proces to him directed and delivered a gairt fundry perfons, inhabitants of the County aforefaid and district aforefaid, and charged upon oath before the judge of the district court of the faid United States, for the faid district, with having entered into a confpiracy to prevent the execu tion of the faid law of the United States, intituled "An act to lay and collect a di, rect tax within the United States," which procefs duly iffued by the faid judge of the faid diftrict court of the diftrict aforefaid, the faid marshal of the faid Uuited States, then and there had in his poffef fion, and was then and there proceeding to execute as by law he was bound to do; and fo the faid grand inqueft, upon their refpective oaths and affirmations aforefaid, do fay, that the faid John Fries in manner aferefaid as much as in him lay, wickedly and traitorously did prevent, by means of force and intimidation, the execution of the faid laws of the faid United States, ju the faid ftate and diarict of Pennfylvania. And further to fulfil and bring to effect the said traitorous intention of him the faid John Fries, and in purfuance and in execution of the faid wicked and traitorous combination to oppose, refift and prevent the execution of the faid laws of the faid United States, in the state and diftrict aforefaid, he the faid John Fries afterwards, to wit, on the faid feventh day of March, in the faid year of our Lord one thousand feven hundred and ninety-nine, in the state, district and county aforefaid, and within the jurisdiction of this court, with the said perfons whofe names to the grand inqueft aforefaid are unknown, did wickedly and traitorously affemble against the faid United States with the avowed intention, by means of force and intimi. dation, to prevent the execution of the faid laws of the faid United States, in the ftate and diftrict aforefaid, and in puríuance and in execution of fuch their wicked and traitorous combination and intention, then and there in the ftate, diftrict and county aforefaid, and within the jurifdic. tion of this court, with force and arms, with a great multitude of perfons, to wit, WILLIAM RAWLE, Attorney of the United States for the 5th. That the indictment again Fries, was found on the fixteenth of April, and he was arraigned on the fame day, and pleaded not guilty, and at his request the court appointed William Lewis and Alex. ander James Dallas to be his counfel, that his trial commenced on the twenty-fourth The prifoner, John Fries, ftands indicted for levying war against the United States, This conftitutional definition of treafou is a question of law. Every propofition in any statute (whether more or less distinct whether eafy or difficult to comprehend) is always a question of law. What is the true meaning and true import of the ftatute, and whether the cafe tated com s within the ftatute, is a queftion of law and not of fact. The quef. tion in an indictment for levying war a gainft (or adhering to the enemies of) the United States, is whether the facts ftated do not amount to levying war." It is the duty of the court in this, and in all criminal cafes, to ftate to the jury, their opinion of the law arifing on the facts; but the jury are to decide on the prefent, and in all criminal cafes, both the Jaw and the facts on their confideration of the whole cafe. The court heard the indictment read on the arraignment of the prifoner, fome days paft, and juft now on his trà and they attended to the overt ads state in the indictment. It is the opinion of the court that any infurrection or rifing of any body of people, within the United States, to attain or ef. fect, by force or violence any object of a great public nature, or of public and ge eral (or national) concern, is a levying war against the United States, within the contemplation and conftruction of the confitution of the United States. On this general pofition, the court are of opinion, that any fuch infurrection or rifing to relift or to prevent by force or vi. olence, the execution of any ftatute of the United States, for levying or collecting taxes, duties, impofts or excifes; or for any other purpose (under any pretence, as that the ftatute was unequal, burthenfome, oppreffive, or unconftitutional) is a levy. ing war against the United States, within the conftitution. The reason for this opinion is, that an infurrection to refift or prevent by force the execution of any ftatute, has a direct tendency to diffolve all the bonds of fociety, to deftroy all order, and all laws, and alfo all fecurity for the lives, liberties, and property of the citizens of the United States. The court are of opinion that military weapons (as guns and fwords, mentioned in the indictment) are not neceffary to make fuch infurrection or rifing amount to levying war, because numbers may fupply the want of military weapons; and other inftruments may effect the intended mifchief. The legal guilt of levying war may be incurred without the ufe of military weapons or military array. The cour are of opinion that the affembling bodies of men, armed and arrayed in a warlike manner, for purposes only of a private nature is not treafon, although the judges and peace officers fhould be infulted or refifted; or even great outrage committed to the perfons and property of our citizens. The true criterion to determine whether alts committed are a reason of a less offence (as a riot) is the quo animo the people did affemble. When the intention is univer. fal or general, as to effect fome object of a general public nature, it will be treafon, and cannot be confidered, construed, or reduced to a riot. The commiflion of any number of felonies, riots or other mifde. meanors, cannot alter their nature, so as to mke them amount to treason; and on the other hand, if the intention and acts combined amount to treafun, they cannot be funk down to a felony or riot. The intention with which any acts (as felonies, the deftruction of houfes, or the like) are done, wili fhew to what clafs of crimes the cafe belongs. The court are of opinion that if a body of people confpire and medita e an inforrection, to refifl or oppose the execution of any ftatute of the United States by force, that they are only guilty of a bigb mifdemeanor; but if they proceed to carry juch intention into execution by force, that they are guilty of the treafon of levying wa, and the quantum of the force employed, neither leffens nor increases the crimewhether by one hundred or one thousand perfons is wholly immaterial, The court are of opinion, that a combination or confpiracy to levy war against the United States is not reajon, unless combined with an attempt to carry fuch combination or confpiracy into execution; fome actual force or violence must be used in purfuance of fuch defign, to levy war, bu that it is altogether immaterial whe.. rher the force ufed is fufficient to effectu. are the object; auy force, connected mith the intention, will conftitute the crime of lepying war. No. III. Gentlemen of the Jury! John Fries, the prifoner at the bar, Aands indicted for the crime of treafon, of levying war against the United States, contrary to the conftitution. By the conftitation of the United States, art. 3, fec. 3, it is declared, "That treafon against the United States fhall confift only in levying war against them, or in adhering to their enemies, g ving them aid and comfort. By the fame fection it is further decla red, "That no perfon fhall be convicted of treafon, unless on the teftimony of two witnesses to the fame overt act, or on con, feffion in open court ;" and that "the Congrefs fhall have power to declare the pu nifhment of treason." Too much praise cannot be given to this conftitutional definition of treason, and the requiring fuch full proof for conviction; and declaring that no attainder of treafon fhall work corruption of blood or forfei ure, except during the life of the perfun attainted. This conftitutional definition of reafon is a queftion of law. Every propofition in any ftatute (whether more or lefs diftinct-whether eafy or difficult to comprehend) is always a queftion of law. What is the true meaning or true import of any ftatute, and whether the cafe itated comes within it, is a queftion of law and not of tact. The question in an indictment for levying war against (or adhering to the enemies of) the United States, is "whether the facts ftated do or do not amount to leaying war," within the contemplation and construction of the constitution? It is the duty of the court in this cafe, and in all criminal cafes, to state to the jury, their opinion of the law arifing on the facts; but the jury are to decide on the prefent and in all criminal cafes, both the law and the facts, on their confiderati on of the whole cafe, It is the opinion of the court that any infurrection or rifing of any body of people, within the United States, to attain or effect, by force or violence any object of a great public nature or of public and general (or national) concern, is a levying of war against the United States, within the contemplation and construction of the conftitution. On this general pofition the court are of opinion, that any fuch infurrection, or rifing to refift, or to prevent by force or violence, the execution of any ftatute of the United States, for levying or collecting taxes, duties, impofts or excifes; or for calling forth the militia to execute the Jaws of the Union, or for any other objec |