566 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:

534 X, AMERICAN STATE TRIALS,

Complaining is made treason! Here is a strange and fatal dilemma for the subjects of the plantations. They must either suffer their oppressions or be hanged for traitors if they complain.

The act of assembly of this country cannot, by any natural or legal construction, be extended to make the prisoner culpable. It is plain by the whole purport of the act that it has made no new treason; it only recognizes the king and queen and enacts that those who shall do anything destructive to that establishment, by force of arms or otherwise, shall be rebels and traitors—which they would be without this act. If this address and petition had been to the French king, the matter would have been of another nature. By the same construction, every petty battery or other little trespass may be considered treason.

The petition of Colonel Bayard and the other three is far from disowning the government; rather, it is a direct acknowledgment of the same. The direction of the petition is to the lieutenant governor and the council. The expression "that they have advice that Lord Cornbury is to succeed the Earl of Bellamont" can, with no justice or common sense, be construed to be a disowning and casting off of the government. I think it will hardly be affirmed that the council succeeded the Earl of Bellamont, and Captain Nanfan the council; if so, after the Earl of Bellamont, who was captain general? We would have had seven captains-general, which is an absurdity that, I suppose, none will allege.

A familiar example will demonstrate the weakness and falsity of this construction. If a captain of a company is killed or absent, the lieutenant or next officer has the full command of the company, as the captain had or could have; but I think no man will say he succeeds the captain, or that when another captain is appointed, he succeeds that lieutenant or other officer. So, I cannot think there is any fact or crime alleged or proved against the prisoner to charge him with this high crime of treason, or indeed with any other crime whatsoever.

Some time after the Earl of Bellamont’s death, Captain Nanfan, the lieutenant governor, was at Barbadoes.

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