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114 X. AMERICAN STATE TRIALS,

rupt motives. Yet the counsel were allowed to argue that the
letters were transmitted with a good intent, in order to avert
the danger of so great a calamity as an invasion. And the
Court said the jury were to judge from all the circumstances,
whether the intelligence had been sent with that view.

My client is charged, as Stone was charged, with being an
adherent; and like him is entitled to be sheltered by his mo-
tives from the imputation of treason. The District Attorney
eonfounds the indictment whieh you are now trying with an
indictment for levying war. I admit that it has been decided,
that if a man becomes an integral part of the enemy’s force,
and acta with it, he necessarily levies war, and is guilty of
treason, unless it appears that he did so pre terrore mortis.
The law will suffer no other exculpation of such conduct; it
will excuse it wpon no other motive. But will the gentlemen
refer us to some authority which declares, that if a man, with-
out joining the enemy so as to levy war, does, upon virtuous
or even pardonable inducements (having no reference to the
promotion of the enemy’s views) that which happens, or is
calculated to be advantageous to the enemy, he is therefore a
traitor? What is an adherent? Can he be anything leas than
a willing partisan, a corrupt auxiliary of the enemy? Such,
at least, is the natural and ordinary import of the word; and
You cannot strain it beyond that import by the refinements of
construction, to the prejudice of the accused, without reviving
the ferocious and appalling doctrine of constructive treason,
whieh once made England bleed at every pore, and stained the
palace and the cottage with judicial murder. The protecting
spirit of the constitution, and of the statute which acts upon
it, aa well as humanity and justice, would be outraged by such
@ courde.

Unlike the conduct of Stone, the conduct of Hodges pre-
sents nothing ambiguous to the most zealous scrutiny. His
honorable feelings and intentions are acknowledged by all. He
was urged by the solicitation of those whom he respected. He
was led by a generous sympathy for the situation of one who
is deservedly dear to all who know him. He was actuated by

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