William  &  Mary,  and  of  Anne  (A.  D.  1691^1706),  are  subsequent
to  the  settlement  of  the  older  colonies  'which  became  our  original
States ;  therefore,  on  principle,  they  are  common  law  in  not  all
of  the  States.^  But  in  most,  and  perhaps  all,  the  legislative
power  has  made  provisions,  following  the  English  ones,  whereby
the  receiving  of  stolen  goods  is  punishdble  separately  from  the
larceny  of  them,  either  as  felony  or  as  misdemeanor.^

§  700  a.  Offence  of  Accessory  is  Felony.  —  The  offence  of  an
accessory,  whether  before  or  after  the  fact,  is,  like  his  principal's,
felony.^

II.  As  to  Treason.
§  701.  In  General.  —  The  books  tell  US,  that  there  are  no  acces-
sories after  the  fact  in  treason  ;  but  they  who  in  felony  would  be
such,  are,  in  treason,  principals.  Yet  these  persons  are  practically
treated,  by  whatever  name  called,  in  every  particular  as  accesso-
ries ;  the  charge  in  the  indictment  against  them  must  specify  the
accessorial  nature  of  their  offence,  and  they  cannot  be  convicted
in  advance  of  the  one  by  whose  direct  volition  t.he  traitorous  act
was  performed.*  Evidently,  therefore,  it  is  a  mere  abuse  of  terms
to  call  them  principals  ;  for  they  are  really  accessories.  The
English  common  law,  however,  makes  them  traitors  ;  ^  just  as  it
makes  accessories  after  the  fact  in  felony  felons.
1  Kilty,  in  his  Report  of    Statutes,  276  ;  The  State  v.  Sanford,  1  Nott  &  McC.
says :  "  The  4th  section   [of  the  statute  b\i ;  The   State  a.  Coppenburg,  2  Strob.
o£  William  &  Mary],  which  made  the  re-  273 ;  Commonwealth  i\  Frye,  1  Va.  Cas.
