1778.
and proved. But, he contended, that it was unneceſſary to fill the indictment with a detail of the whole evidence in ſupport of the proſecution; for, if the charge is reduced to a reaſonable certainty, it is all that juſtice can require, and it is all to be found in any former precedent. Divers overt acts may, alſo, be laid in the ſame indictment; and, though ſome of them are faulty, if one be well proved, it is ſufficient to entitle the Commonwealth to a verdict. When a perſon was charged with compaſſing the king’s death, evidence was allowed to be given of the prisoner’s aſſembling with forty men, though that overt act was not laid in the indictment. Foſt. 245. id. 9. 10. 22. As to what amounts to levying war, it is ſaid Id. 216. that the joining with rebels in an act of rebellion, or with enemies in an act of hoſtility, willl make a man a traitor. So, likewiſe, ſhutting gates againſt the king, or his troops, in confederacy with enemies, or rebels, comes within the ſame deſcription of treaſon, Id. 218. and the ſame overt act may be applied to ſeveral diſtinct branches of treaſon, Id. 196, 7. 8. where, it appears, that lord Preſton’s taking ’boat at Surry ſtairs, with the intention of carrying treaſonable papers into France, for treaſonable purpoſes, was a ſufficient overt act in Middleſex, to maintain the indictment there. Id. 217. 218. The form of the preſent indictment is ſimilar to that againſt Eneas M’Donald. Id. 5. The charge of levying war is made in the ſame manner, as in the proceedings againſt the rebels in the year 1746. And the arraying and marching are alſo 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 Juſtice. There are[1] three ſpecies of treaſon in Pennſylvania: Firſt, To take a commiſſion or commiſſions from the king of Great-Britain, or any under his authority; ſecondly, To levy war againſt the State or Government thereof; and thirdly, Knowingly and willingly to aid and aſſiſt any enemies at open war againſt this State, or the United States of America. With reſpect to this third ſpecies of treaſon, the Legiſlature has further explained the meaning of the words, aiding and aſſiſting, to be,
“by joining the armies of the enemy, or by enliſting, or procuring or perſuading others to enliſt for that purpoſe; or by furniſhing ſuch enemies with arms or ammunition, proviſion, or any other article, or articles, for their aid or comfort, or by carrying on a traiterous correſpondence with them.”
All theſe ſeveral ſpecies of treaſon are laid in this indictment.
- ↑ As act of Assembly passed the 3d December, 1782, has encreaſed the number of treaſons, by declaring, that “erecting, or endeavouring to erect a new and independent government within this Commonwealth–” and alſo “ſetting up any notices, written or printed, calling the people together for that purpoſe,” are acts of high treaſon. See 3 State Law, 152.
