At this new trial he treated the defendants' counsel in such a manner
that they abandoned the case, and left the Prisoner without defence.
The District Attorney, taking his law from Kelyng and similar servants
of British despots, laid it down that treason "may consist in
_assembling together in numbers_, and by actual force, or by terror,
_opposing any particular law_;" "_Force need not be used_ to manifest
this spirit of rebellion." "Even _if the matter made a grievance of
was illegal, the demolition of it_ in this way _was_, nevertheless,
_treason_," "a rising with intent by force to prevent the execution of
a law ... preventing the marshal executing his warrants, and
preventing the other officers ... amounted to levying war." "In short
an opposition to the acts of Congress in whole or in part [that is to
_any one law_] ... either by collecting numbers, or by a display of
force ... which should operate ... either throughout the United
States, or in _any part thereof to procure a repeal or a suspension_
of the law ... this offence be considered to be _strictly_ treason."

Judge Chase laid it down as law not to be questioned in his court,
"that any ... rising of any body of the people ... to attain by force
... any object of a great public nature ... is a levying of war:"
"any such ... rising to resist ... the execution of any statutes of
United States ... or for any other object of a general nature or
national concern, under any pretence as that the statute was unjust
... or unconstitutional is a levying war;" "_any force ... will
constitute the crime_ of levying war."

If that be law, then an old negro woman who, with a dishcloth,
frightens officer Butman away from kidnapping her granddaughter in
Southac street, does thereby levy war against the United States and
commits the crime of treason.

The jury, overborne by the assumptions of the judge, or ignorant of
their duties and their rights, allowed this tyrannical court to have
its way, surrendered the necks of the people, and brought in a verdict
of guilty. Judge Chase made an insolent address to the prisoner and
sentenced him to death. But Mr. Adams, with a remarkable degree of
justice, gave him a full pardon, and drew down upon himself thereby
the wrath of his cabinet.[157]

[Footnote 157: Wheaton, 458; 9 Adams's Works, 57; 2 Gibbs, 360; 5
Hildreth, 366; Chase's Trial, 18.]

2. In 1788 Mathew Lyon, a native of Ireland, a Revolutionary soldier,
a member of co