le, and become criminal by yielding,
that we have, not only in our jails and almshouses, but
segregated here and there in detached portions of the State,
ignorant men, many of them without political rights, degraded in
social position, and instinctive of revolt, all this is true. It
is proved by the daily record of our police courts, and by the
ineffective labors of those good men among us, who seek to
detach want from temptation, passion from violence, and
ignorance from crime.

But it should not be supposed that any of these represent the
sentiment of Pennsylvania, and it would be to wrong our people
sorely, to include them in the same category of personal,
social, or political morals. It is declared in the article of
the constitution, which I have already cited, that 'no person
shall be convicted of treason, unless on the testimony of two
witnesses to the same overt act, or on confession in open
court.' This and the corresponding language in the act of
Congress of the 30th of April, 1790, seem to refer to the proofs
on the trial, and not to the preliminary hearing before the
committing magistrate, or the proceeding before the grand
inquest. There can be no conviction until after arraignment on
bill found. The previous action in the case is not a trial, and
cannot convict, whatever be the evidence or the number of
witnesses. I understand this to have been the opinion
entertained by Chief Justice Marshall, 1 Burr's Trial, 195, and
though it differs from that expressed by Judge Iredell on the
indictment of Fries, (1 Whart. Am. St. Tr. 480), I feel
authorized to recommend it to you, as within the terms of the
Constitution, and involving no injustice to the accused. I have
only to add that treason against the United States, may be
committed by any one resident or sojourning within its
territory, and under the protection of its laws, whether he be a
citizen or an alien. (Fost. C.L. 183, 5.--1 Hale 59, 60, 62. 1
Hawk. ch. 17, Sec. 5, Kel. 38).

Besides the crime of treason, which I have thus noticed, there
are offences of minor grades, against the Constitution and the
State, some or other of which may be apparently established by
the evidence that will come before you. These are embraced in
the act of Congress, on the 30th of Sept., 1790, Ch. 9, Sec. 22,
on the subje