Note 111 — PAPERS ON AMERICAN SUBJECTS, DURING THE REVOLUTIONARY TROUBLES. (continued 2)

[The] referring to an old act made for the trial of treasons committed out of the realm, by such persons as had no legal resiancy but within the realm, and who were of the realm, applying the purview of that statute, which was made to bring subjects of the realm who had committed treason out of the realm (where there was no criminal jurisdiction to which they could be amenable) to trial within the realm, under that criminal jurisdiction to which alone by their legal resiancy and allegiance they were amenable; applying this to the case of subjects whose legal resiancy is without the realm, and who are by that resiancy and their allegiance amenable to a jurisdiction authorized and empowered to try and give judgment upon all capital offences whatsoever without appeal; thus applying this statute so as to take up a proceeding, for which there is no legal process either by common or statute law as now established, but in defiance of which there is a legal process established by the habeas corpus act;——would be, to disfranchise the subject in America of those rights and liberties which by statute and common law he is now entitled to.