Paterson, William (1745-1806) [Bench notes on the Whiskey Rebellion trial, United State v. John Barnet]
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Gilder Lehrman Collection #: GLC01114 Author/Creator: Paterson, William (1745-1806) Place Written: s.l. Type: Autograph manuscript Date: 29 May 1795 Pagination: 30 p. ; 33.3 x 20.5 cm. Order a Copy
Supreme Court Justice Paterson's notes prepared while sitting as a judge of U.S. Circuit Court. Paterson's notes contain a detailed record of the rebellion and a discussion of the legal definition of treason, which this case helped to shape. Barnett was among several rebels tried for treason for participating in the Whiskey Rebellion. He was acquitted.
Signer of the U.S. Constitution.
John Barnet was among several Whiskey rebels arrested by federal authorities and tried for treason. William Paterson was an Associate Justice of the Supreme Court. He previously served a delegate to the Constitutional Convention, where he introduced the New Jersey Plan, and as New Jersey's governor. Until 1869, Supreme Court justices also sat as judges on the federal appeals court.
[19] …Submission paper read.
Mr. Lewis'. A question of constructive treason - Treason an offence agt. the sovereignty of a state - Apt to be pursued with keen ardor. Not 2 witnesses - if so not [struck: evidence] sufficient to constitute treason - 300 miles off. Trial in the neighbourhood … If men combine to effect the alteration of governmental measures, or to repeal a law, by force, &c is treason - The going to Couch's post did not amount to treason - a battle not necessary
1. A predetermination thereof,
2. A marching forward in consequence …
[21] …In determining upon the charge contd. in the indictmt. agt.the prisoner, it will be necessary to consider the facts and the intention. The latter may be subdivided into a general and particular intention or design - The general intention goes hand in hand with the facts.
Facts.
The people in the 4 western counties of this State were extremely averse to the excise system, and had committed [struck: in] several irregularities, before they rose in open rebellion against the U. States. The opposition, which was gradually ripening [inserted: forming] into a regular system, was [inserted: perhaps,] precipitated [inserted: into acts of hostility,] [struck: perhaps;] by the arrival of the marshal to serve process in that part of the country. It appears then from the testimony, that an attack was made on the 16th of July last upon the house of Genl Nerville, the excise affair, but being a state of prepration it was successfully repelled. The party was repulsed and retired with some loss. The news of [22] attack and defeate were quickly and industriously circulated; and we find, that a party met in the evening at Colo.Phillips house in order to concert measures respecting future operations. A comte.was appointed, who agreed, that person should be instantly dispatched to spread the intelligence, and to convene the people [struck: at Couch's] next day at Couch's as the place of general rendizvous …
[26] …This brings us to consider the particular case of the p[risone]r. at the bar; and to examine how far he was traitorously concerned - The traitorous purpose is a necessary ingredient - The mind of the prisoner must be manifested by some [struck: open] overt act, and it is your province, gen[tleme]n., to collect or infer the intention from the testimony said before you. A person may be present from curiosity or from accident, but if he does not [struck: from] by [inserted: his] conduct indicate a traitorous spirit or intention, he is not to be criminated. If on the other hand it appears, and you are of opinion, that the pris[one]r, knew of the object, that it was, to compel the revenue officer by intimidation or force, to resign, to suppress the office of excise, to resist and prevent the execution of the law, or to procure its repeal by intimidation, by violence, by numbers, by an armed force, and if he willingly embarked [inserted: and aided] in the insurrection, then his guilt rises into treason.
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