.

of a general nature or national concern, under any pretence, as that the ftatute was unjuft, burthenfome, oppreffive or unconftitutional, is a levying war againft the United States, within the contemplation and conftruction of the conftitution.

The reafon for this opinion is, that an infurrection to refift or prevent by force the execution of any fatute of the United States, 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 infnrrection or rifing amount to ·levying war; because numbers may supply the want of military weapons; and other inftruments may effect the intended mifchief. The legal guilt of levying war may be incurred without the use of military weapons, or military array,

The court 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 or other peace officers fhould be infulted or refifted, or even great outrages committed to the perfons or property of our citizens.

The trae criterion to determine whether alts committed are treason, or a lefs offence, as a riot) is the quo animo or the intention with which the people did affemble. When the intention is unive fal or general, as to <ffect fome object of a general public nature, it will be treason, and cannot be confidered, conftrued, or reduced to a riot. The commiffion of any number of felonies, riots, or other misdemeanors, cannot alter their nature fo as to make them amonnt to treafon-and on the other hand if the intention and acts combined amount to treafon, they cannot be funk down to a felony or riot. The intention with which any acts (as felonies, the deftruction of property or the like) are done, will fhew to what class of crimes the cafe belongs.

The court are of opinion that if a body af people confpire and meditate an infar

rection to refift or oppose the execution of au hatute of the United States by force, that they are only guilty of a high misdemeanor, but if they proceed to carry fuch intention into execution by force-that they are guilty of the treason of levying war-and the leffens, nor increases the crime, whether quantum of the force employed neither by one hundred, or one thousand perfons is wholly immaterial.

nation or confpiracy to levy war against the The court are of opinion that a combi, United States, is not treason, unless combined with an attempt to carry such com. bination or confpiracy into execution ; fome actual force or violence must be used in pursuance of fuch defign to levy war— but that is altogether immaterial whether the force ufed is fufficient to effectuate the object; any force, connected with the in. tention, will conftitute the crime of levy. ing war,

This opinion of the court is founded on the fame principles, aud is, in fubstance, court, for this diftrict, in the trials (in the fame as the opinion of the circuit April 1795) of Vigol and Mitchell, who afterwards pardoned by the late Prefident. were both found guilty by the jury, and

pril term, 1799) on the trial of the pri-
At the circuit court for the diftri& (A-
foner at the bar, judge Iredell, delivered
by the jury,
the fame opinion; and Fries was convicted

gainft the prifoner at the bar, two facts
To fupport the prefent iudictment a-
muft be proved to your fatisfaction.—
First, That fome time before the finding
of the indictment, there was an infurrec
tion (or rifing) of a body of people in the
county of Northampton, in this ftate,
with intent to oppofe and prevent, by
execution of a law of the United States,
means of intimidation and violence, the
entitled "an act to provide for the valu
ation of lands and dwelling houses-the
enumeration of flaves within the United
States," or of another law of the United
States, entitled "an aft to lay and collect
a direct tax within the United States,"
mitted by fome of the people fo affembled,
and that fome acts of violence were com.
with intent to oppofe and prevent, by

means of intimidation and violence, the execution of both, or of one of the faid laws of Congress.

In the confideration of this fact, you are to confider and determine with what intent the people aflembled at Bethlehem, whether to effect by force a public or a pr.vate measure:

The intent with which the people af fembled at Bethlehem in Northampton, is a neceffary ingredient to the fact of affem bling, and to be proved like any other fact, by the declarations of thofe who afIembled, or by acts done by them, when the queftion is "what is a man's intent ?" It may be proved by a number of connect ed circumstances, or by a fingle fact.

fame purfuit, and under the expectation of mutual defence and support. All per foos prefent, aiding, affifting, or abetting any treasonable act are principals. All per fons, who are prefent and countenancing, and are ready to afford affiftance if neceflary to those who actually commit any trea fonable act, are alfo principals. If a num ber of perfons affemble and fet out upon a common defign, as to refift and prevent by force the execution of any law, and fome of them commit acts of violence and force, with intent to oppofe the execution of any law, and others are prefent to aid and affift, if neceffary, they are all principals. If any man joins and acts with an affembly of people, his intent is always to be confidered and adjudged to be the fame as their's; and the law in this cafe judgeth of the intent by the fact. If a number of perfons combine or confpire, to effect a certain purpose, as to oppofe by force the

done by any one of them, in pursuance of fuch combination, and with intent to effect fuch object, is in confideration of law the act of all who are prefent, when such act of violence is committed. If perfons colleft together to act for one and the fame common end, any act done by any one of them, with intent to effectuate fuch common end, is a fact that may be given in evidence, against all of them; the aft of each is evidence against all concerned.

It from a careful examination of the evidence, you fhall be convinced that the real object and intent of the people affem-execution of a law, any act of violence bled at Bethlehem, was of a public naiure) which it certainly was, if they affembled with intent to prevent the execution of both of the above mentioned laws of Congress, or either of them) it muft then be proved to your fatisfaction that the prifoner at the bar incited, encouraged, promoted or affitted in the infurrection or rifing of the people at Bethlehem, and the terror they carried with them, with intent to oppofe and prevent, by › means of intimidation and violence, the execution of both the above mentioned laws of Congress, or either of them; and that fome force was used by fome of the people affembled at Bethlehem.

In the confideration of this fact, the court think proper to affift your enquiry by giving you their opinion.

In treafon all the participes criminis are principals; there are no acceffaries to this crime. Every act, which in the cafe of felony would render a man an accessary, will in the cafe of treafon make him a principal. To render any perfon an accomplice and principal in felony he muft be aiding and abetting at the fact, or ready to afford affiftance if necessary. If a perfon be prefent at a felony aiding and ass fifting, he is a principal. It is always material to confider, whether the perfons harged are of the fame party, upon the

I shall not detain you at this late hour to recapitulate the facts-you have taken notes, and they have been fta ed with ac. curacy and great candor by Mr. Attorney.

I will only remark, that all the evi dence relative to tranfactions before the affembling of the armed force at Bethle hem, are only to fatisfy you of the intent with which the body of the people affembled there. If either of three overt acts (or open deeds) flated in the indictment, are proved to your fatisfaction, the court are of opinion that it is fufficient to maintajn the indictment, for the court are of opinion that every overt act is treasonable.

As to accomplices, they are legal wita nefies, and entitled to credit unless defg troyed by teftimony in court.

lowing, that is to fay, "while fuch numbers of the effective agents of the revolution languish in obfcurity, or hiver in want, afk Mr. Adams (meaning the faid Prefident of the United States) whether it was proper to heap fo many myriads of dollars upon William Smith, upon a paper jobber, who, next to Hamilton and him. felf, (meaning the faid Prefident of the United States) is perhaps the most detefted character on the continent, (meaning the United States of America.) And alfo the false, scandalous and malicious words, of the tenor and effect following, "you (meaning the people of the United States) will then make your choice between innocence and guit, between freedom and flavery, between paradife and perdition; you will chufe between the man who has deferted and reverfed all his principles, (meaning the faid Prefident) and that man whofe own example ftrengthens all his laws, that man, whofe predictions, like thofe of Henry, have been converted into hiftory. You will choofe between that man whofe life is unfpotted by a crime, and that man (meaning the faid Prefident of the United States) whofe hands are reeking with the blood of the poor friendlefs Connecticut failor: I fee the tear of indignation starting on your checks! y u, (meaning the people of the United States) anticipate the name of John Adams" (meaning the faid Prefident of the United States.) And alfo the falfe, fcandalous, and malicious words, of the tenor and effect following, that is to fay, "Every feature in the conduct of Mr. Adams, (meaning the faid Prefident of the United States) forms a distinct and additional evidence, that he was determined at all events to embroil this country with France." And alfo the falfe, fcandalous, and mali eious words, of the tenor and effect following, that is to fay, "Mr. Adams, (meaning the faid Prefident of the United States) has only completed the fcene of ignominy which Mr. Washington began." And alfo the falfe, fcandalous, and malicious words of the tenor and effect following, that is to fay, "This last prefidential (meaning the faid Prefident of the United States) felony will be buried by Congrefs in the faid Criminal filence as its preteceffors." And alfo, the words of the falfe, fcandalous, and malicious tenor and effect following, that is to fay, "Foremost in whatever is deteftable, Mr.

Adams, (meaning the faid Prefident of the United States) feels anxiety to curb the frontier population." And also the falfe, fcandalous, and malicious words, of the tenor and effect following, that is to fay, "He (meaning the faid Prefident of the United States) was a professed ariftocrat; he (meaning the faid Prefident of the United States) had proved faithful and ferviceable to the British intereft, (inuendo against the intereft and welfare of the United States.) And alfo the falfe, scandalous, and malicious words, of the tenor and effect following, that is to fay, "Thus we fee the genuine character of the Prefident, (meaning the faid Prefident of the United States) when but in a fecondary ftation, he (meaning the faid Prefident of the United States) cenfured the funding fyftem, when at the head of affairs, he (meaning the faid Prefident of the United States) reverfes all his former principles. He (meaning the faid Prefi dent of the United States) exerts himfelf (meaning the faid Prefident of the United States) to plunge his (meaning the faid Prefident's) country (meaning the United States of America) into the mott expenfive and ruinous establishments. In the two firft years of his (meaning the faid Prefident of the United States) prefidency, he (meaning the faid President of the United States) has contrived pretences to double the annual expence of government, by ufelefs fleets, armies, finecures, and jobs of every poffible de feription." And alfo the falfe, fcandal cus, and malicious words, of the tenor and effect following, that is to fay, "By fending thefe ambaffadors to Paris, Mr. Adams (meaning the faid Prefident of the United States) and his (meaning the said Prefident/ British faction, defigned to do nothing but mifchief." And alfo the falfe, fcandalous, and malicious words, of the tenor and effect following, that is to fay, "In that paper, with all the cowardly infolence arifing from his (meaning the faid Prefident) affurance of perfonal fafety, with all the fury, but without the propriety or fublimity of Homer's Achilles, this hoary headed incendiary (meaning the Prefident of the United States) this libeller (meaning the faid Prefident) of the governor of Virginia, bawls out to arms! then to arms! It was floating upon the fame bladder of popu. larity that Mr. Adams (meaning the faid

E

Préfident of the United States) threaten- violence of his [meaning the laid Pref.

ed to make this city the centrical point of a bonfire." And alfo the falfe, fcandal. ous, and malicious words, of the tenor and effect following, that is to fay, Reader, dost thou nvy that unfortuna e old man (meaning the faid Prefident of the United States) with his meaning the faid Prefident) twenty-five thoufand do lars a year, with the petty parade of his (meaning the faid Prefident) birth day, with the importance of his (meaning the faid Prefident) name fticking in every other page of the ftatute book. Alas! he (meaning the faid Prefident of the United States) is not an object of envy, but of compaflion and of horror. With Connecticut more than half undeceived, with Pennfylvania difgufted, with Virginia alarmed, with Kentucky holding him (meaning the faid Prefident in defiance, having renounced all his origihal principles, [meaning the faid Prefident of the United States] and affronted all his [meaning the faid Prefident] honeft friends, he [meaning the faid Prefident of the United States cannot enjoy the sweet flumbers of innocence, he, [meaning the faid i'r fident of the United States] 'cannot hope to feel the most exquifirely delightful fenfation that ever warmed a human breast, the confcientioufnefs of being univerfally and defervedly beloved.". And alfo the falfe, fcandalous, and malicious words, of the tenor and effect following, that is to fay, "It is happy for Mr. Adams himfelf [meaning the faid Prefident] as well as for his [meaning the faid Prefident] country, that he [meaning the faid Prefident of the United States] afferted an untruth." And also the falfe, fcandalous, and malicious words, of the tenor and effect following, that is to fay, "In the midft of fuch a fcene of profligacy, and of ufury the Prefident [meaning the faid Prefident of the United States] has perfift. ed as long as he durft, meaning the faid į Prefident] in making his [meaning the faid Prefident] utmost efforts for provoking a French war." And alfo the falfe, fcan. dalous, and malicious words, of the tenor and effect following, that is to fay, "For although Mr. Adams, [meaning the faid Prefident of the United States] were to make a treaty with France, yet fuch is the grofsnefs of his [meaning the faid refident] prejudice, and fo great is the

dent] paffions, that under his [meaning the faid Prefident's adminiftration, Ame rica, [meaning the United States of A. merica] would be in conftant danger of a fecond quarrel." And alfo the falfe, fcan dalous, and malicious words of the tenot and effect following, that is to fay,

When a chief magiftrate [meaning he faid Prefident of the United States] is, both in his [meaning the faid Prefident] fpeeches, and [meaning the faid Prefident] newfpapers, conftantly reviling France, he [eaning the faid Prefident] can nei ther expect or defire to live long in peace with her. Take your choice then be. tween Adams, [meaning the faid Prefi dent] war and beggary, and Jefferson, peace and competency." To the great fcandal of the Prefident of the United States, to the evil and pernicious examples of all others, in the like cafe offending, against the form of the act of Congress of the United States, in fuch cafe made and provided, and against the peace and dig nity of the faid United States of America.

And the grand inqueft aforefaid, upda their refpective oaths do further prefent, that the faid James Thempfon Callender, on the faid ft day of Fe ruary, in the fame year of our Lord 1800, and of the independence of America the twenty, fourth, defigning and intending to defame the Prefident of the United States, and to bring him into contempt and difrepute, and to excite the hatred of the good people against him, in the diftrict aforefaid, and within the jurifdiction of this court, wie kedly and maliciously did caufe, or pro cure to be printed and published, a falfe, fcandalous, and malicious writing, againt the faid Prefident of the United States, of the tenor and effect following, that is to fay," the reign of Mr. Adams (meaning John Adams, efquire, Prefident of the United States) has hitherto been one continual tempeft of malignant paffions, as Prefident, he (meaning the faid Prefident of the United States) never opened his (meaning the faid Prefident of the United States) lips, or lifted his (the faid Prefi dent meaning) pen, without threatening and fcolding; the grand object of his (meaning the faid Prefident of the United States) adminiftration, has been to exafpe rate the rage of contending parties, to cas