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Page:United States Reports, Volume 2.djvu/96

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jo Cases ntled and adjudged in the 1 781. •* ing or writing againfl our public defence, fhall mdieioully tres) “ and advifedly endearour to excite the people to refill the Go- “ vernment of this Commonwealth, &c.” The a&, i¤d¢¤d» has,inthis refpe&, been thought fo harlh bythe Legillature, that the ofienee has fmee been reduced to the clafs of mifdemeanora. But it is the etTence ofthe odvenee, as well upon general prin- eiples, as upon the politive langauge of the aél of Affembly, ` that the words lhould be fpohen publicly, deliberately, mallcioul`- I and adrifedly, with aview to perfuade others to refill the government. Words of mere heat and pallion will Ilct confli- tnte the crime alledged; they are often uttered when the heart is properly difpofed ; and they mul! be conllrued according to their natural andcommon import, independent of the paraphnfe of inuuuk:. It is true that thewords, in the prefent inllance, are exceptionable ; but they manifell in themfelves no intention, nor is there any proof of an intention, to perfinade others to refill the Government; they merely exprefs a matter of opinion ; and cannot fairly be convened into matter of treafon. Com}. 460. 4 BI. C. ·;g. Brad/Erd, in rcply. It is admitted, that the 4th feflion of the afl ofAfl'emhly is inaceurately, and uugrammatieally, compofed ; but the claufe which has been the fubjefl of comment, on the other fide, has always been deemed afuhllantive and indepen· dent one. Let that elaufe, however, be rejeéled on account of its imperfeflions, there flill remains abundant matter to lup- port the indiélment; for, the words being proved, are evidence on another claufe, that the defendant “ malicioully and advil`ed— ly endeavourcd to excite the people to refill the Govemment of zlnis Commonwealth, and to perfuade them to retum to a de- pendence upon the Crown of Great Britain! Again ; it is agreed, that the words lhould be fpohen mali- rioufly and advifedly ; but by malice the law only intends, that the fpecch he made in an evil and wicked temper of mind ; and deliberation is lb far efiential, that the mere ebullition of a tran- lient paflion fhall not be rigidly conllrned into defign and cri- minality. . The Court delivered a charge to the following eli`e£l : M·Kmn, Lliigf fylitw :-This indiétment charges all the various nits which eonllitutc milprilion of treafon ; and it is the duty of the jury to enquire, whether the evidence fupports any one of the charges. lt is lhid, indeed, that the law on which the indiilmeut is founded, is lh inaccurately penned, that it cannot he tnnlerliood without fiipplying certain material words ;:·.nd it is, undoubtedly, true, that although, in acommon cafe, on ll mere qncfiian of property (as inthe cafe of a Will) the rule of conflruélioa is according to the fepfb of the inllru· mcut ; yet, a law ccnliituring a crime, mult bc ltriélly and I3? sr y