The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-03-15

HS''ei run Cilc ATTORNEY general aCCOlnpa-
nying the bill to punish conspiracies to
Commit Treason against the u. States,
presented the second of March.
i Decem6er ?, 1907
The questions proposed inyour letter
or the 2Sth ufriIno, embrace an important &
delicate subject. l have given them that
consideration they justly merit, and res
pecttully submit the result of my reIiecti-
onS.
| 'rhe sentiment expressed by an able and
enlightened writer, that every punishment
which is not absolutely necessary for the
peace or safety of society is unjust I believe
to be perfectly Correct When revising any
part ct the penal code, for the purpose of dis
covering its defects, and OF charging the
sphere IF criminahty, we should proceed
with caution and prudence and we should
not add TO the catalogue Of offences unless
on sufficient grounds.
Feeling the just influence ofthese remarks,
and reluctant as am to increase the list of
Grimes, think experience has evinced the
necessity of some further provisions, to pre-
serve the peace of the United States against
the enterprises of designing and ambitious
men.
The next question imposes task more DIFF
hcult: tie mode in which the deficiency may
be etiectualiy remcdied. This subject opens a
wide field for discussion, and admits of
great diversity ofopinion.
1T Is with no personal satisfaction that
propose TO the consideration OF the committee
the propriety of Furnishing combinations and
cUnspTacleS tor the purpose of committing
treason against the u. States The constitu-
ton has wisely defined the crime of treason ::
but 1T must be obvious thai before this crime
is contaminated by an overt act of Lowing
war, the public peace may be disturbed and
the public safety endangered by the previous
prepa atlonS tor such an event. Though i'm
various parts OF the union conspirators who
intend the destruction of our government,
are preparing the means toaccompish their
object, by providing arms, ammunition, and
warllke stores, they are subject to no punish
meat by the existing laws, unless war has
actually been levied by them against the u.
States. 1t would seem therefore essential to
the preservation Of the public peace, that a
conspiracy to commit treason against the u
S. should be punished in such manner as wilt
be most likely 10 reform the criminal, and to
deter others from the commission of the same
offence. Perhaps proper part of the judg-
mont would nc TO render offenders incapable
az holGing any Office of honor, profit or trust
under that government which they corspired
to destroy.
Thclaw relative to enterprises, began or
set on foot within the bosom of our own coun-
try, against a nation with whorc we are at
peace, merits revision, and will require
some amendments The object of this law
Isl salutary ono; but its language not dcfin-
ing witllSuthcicnt accuracy andcertainty the
offences, has given birth to much dispute, as
to its lega! and proper Construction. Enter
priZes against nations at peace with us, Rave
been too frequently projected not TO call tle
serious attention Of the legislature to this in
tcrcsting subject.
Let me aiso rcccr1ncnd " me employment
oil means tor tic benevolent purpose Of pre-
venting crimes" to use the language of
Judge Wilson.
The only law Of tine United States on this
subject, will be found in the fourth volume
OF the acts o. congress, page ISL. This is CON
ccivcd in vcrg general terms, and au,hori-
Sos security Of the peace, or for good be-
haviour, TO be taken in cases arising under.
the constitution aud laws of the United Stntus.
in the same mamie" rs under the laws Of the
several st'tcs. In some respects the I,rovi-
sion may, in practice, be Incompatible wi.h
the constitution OF the United States, Nv
one Of the amendments which now form