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Page:United States Reports, Volume 2.djvu/352

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346 Cases ruled and adjudged in the

  • 795-

TheUm·re¤ S·ra·res onyiu Vieux,. ` NDICYMENT for high treafon, in levying war againfl the I United Staten The prifoner was one of the moft active of the infurgents in the Wellern Counties bf Penryylwnin, and had accompanied the armed party, who attacked the houfe of the Excife OHicer, {Reigarf:] in IVg7mat·eIantI, with guns, drums, &c. inlilled upon his furrendering his ollicial papers, and ex- torted an oath from him, that he would never act again in the execution of the Excife Law. The fame patty then proceeded to the houfe of Wcllr, the Excife Oflicer in Fayette count , fwearing that the Excife Law fhould ueverbe carried into eileéil, and that they would deflroy Well: and his houfe. On their ar- rival, WYII: had fled and concealed himfelf ; whereupon they ranfaclted the houfe ; burned it, with all its contents, including the public hooks and papers; and afterwards difcovering IVeII:, feized, imprifoned, and compelled him to fwear, that he would no longer a€t as Excife Ollicer. Wimelfes were, liltewife, cx- amined to eilablifh that the general combination and fcope of the infurreétion, were to prevent the execution of the_Excife Law by force ; and in the courfe of the evidence, the durefs of theMar{ha1l of the Diflriét, the alfembling at Crue/:e’:, the burning of general `NwilIe’.¢ houfe, 8tc. were prominent fea- tures. As no queftien of law arofe upon the trial, but the cafe refl- ed entirely on a proof of the overt aéls by two witneifes, AI. Levy and Lewi: for the defendant, and the Attorney of the Dillrift, agreed, without argument, to fubmitto the decilion of the ]ur , under the charge of the Court ; which was delivered to the firllowing eiieél. Pawreusou, jufiee. The firll point for conlideration, is the evidence, whic has been given to cltablilh the cafe {lated in the indictment; the fecond point turns upon the criminal in- tention of the party; and from thefe points (the evidence and intention) the law arifes. With refpeét to tbe e·t·irIent·e, the current runs one way : It harmonizes in all its parts: It proves that the prifoner was a member of `theparty, who went to Reiganlr houfe, and, after- wards, to the houfe of Welfr, inarms, marfhalled, and array- Sd ; {ind who, at each place, c0mm_itted aéls of violence and - ‘ eva ation. With refpeit to tlw intention, likewife, there is not, unhap- pily, the lhghtell: poliibility of doubt: To fupprcfs the Ollice of Excife, in thc Fourth Survey of this State; and particularly, lin t ze