Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-03-11
From the National Intelllgencer.
Supreme Court Of tie q. States,
FEBRUARY TERM, 1907.
The United States

E Inc sONstcU oEHscS SssE S. 49,. q ~
Bollmam sJ7S1oartzvonf. j Il -
Ha6sas C0fpas on a commitment tert
sSson. -
chef sYastice Marshall on the aist uAi.
$ mo, dslivsrsa TIE tahassin2g ofinioa at 'hs
Court.
The prisoners having been brought be-
fore this court on writ of habeas corpus,
and the testimony on which they were com.
: mitsed HAVING been fully examined and at
stentiyely considered, the court is new TO
declare the law. Hpon their sase.
II This being q nere enquiry waish with.
out dsciding pom guilt, precedes the 10.
stitution OF a prosecution, the question: tc
\ be determined is whether the accused shall
Z be discharged or held sas trial, andsif the
latter iu wha. place they are to be tried,
and whelher,hey shall be conhned or ad.
!. snisted 10 hail. fa'says very learned
and accurate eommsssator, "upon this co.
curry it manifessly appears that no. such
crine has been committed, or that the sus.
spicion entertained, OF the prisoner was
wholly groundless, Ia such cases only it Is
lawful Totally to discharge him. Otherwise
he must either be committed TO prison OF
give bail"
The sPssihs charge brought against the
prisoners is .reasun.in leYyiDg war against
the us.
As there is no crims which can more ex.
cite and agitate the passions OF men than
treasoo, no charge demands more from the
I tribunal before which IT is made delibs.
rate aud temperate enquiry. Whether
this enquiry be directed TO the fac. or to
the Law, none can be more soleMu, none
more important to the citizen 81. to the 60
yernmsns-nonc can more affect the safety
Of both.
;, To prevent the possibility OF those Gala.
mities which result from the eStension oi
trsasca TO offences Of minor importance,
tina. great fuadame ntal law which defines
and limits che various departments of ous
governmen, has given role Oh the sGblec'
both TO the legislature and the courts oil
America which neither can be permiiscdtu
transcend.
"Treason against theU. S, shall cohs.s:
only in lsvying war against them, Or 10 ad
hsringto their enemies giving theal aid &
comfort
To constitute that specific crime for
which the prisoners now before the soar;
have been con- rai.ted, war nauss6e actually
levied against the u. S. However hagiti
Qua may bethe crime OF eenspiring 20 sub
vert by force the government OF. oar copn.
: ,ry, such conspiracy is uot treason. Ia
conspire TO levy war, aud actually 20 levy
war, ars distinct offences. Ths arss n,usi
be broushtiaso operasionby the assemblags
of men for purpose reasonable in itself,
or the facrof levying wxr cannot have been
committed. Sotsr has this Principle been
carried that, in case reported by Fentris,
and mentioned In some modern trials on
crininai law, it has been determined that
the actual enlistment OF men to serve a.
gains. the government does NOT amount to
levying war. It is, true that IN thar case
the soldiers enlisted were TO serve without
the realm, hut they were enlisted withia it,
and if the enlistment for q treasonablepu
pose could amount to levy;ng war, then war
had been actually levied.
Itis pet the intention OF the court 20 say
that no individual can be guilty of this
crime " hohas no. appeared in arms against
his coun,ry. On the contrary. if war be
actually levied,. tharis, if body OF rnen
be actually assembled for the purpose OF eff.
fecting by force, reasonable purpose, all
those who perform any. part, however Mi
mute or however remote from the scene of
action, and who are actually leagued in the
general conspiracy, are to Be; considered as
traitors. But there must be an actual as.
sembling of men fer the treasonable pur.
pose, 10 constitute leyying of war.
Crirass SO asroeious as those which have
for their Object the suhvsrsian hx vinlsnce