Washington telegraph., 1851-10-29

compaEied or followed by an act of forci-
ble opposition In pursuance Of such COM
bination. This in substance has been
the interpretation given to these words
by the English Judges. and it has been
uniformly and fully recognized and adopt
ed in the courts of the Uuied States
(See Foster, Hale, and Hawkins, and the
opinions of Iredell, Patreson, Chase,
Marshall, aud Washington, J. j., o. the
supreme Court. and of Peters d. J. in
United States vs.. Vigo!, United States VS..
Mitekeli, United States vs. Fries, United
Stases VS.. Burr)
The deinitlon, as you will observe, in
cludes two particulars, both of them in-
dlspensibe elements of the ofTeuce.-
Ihete must have been a combination or
consplring together to oppose the law by
force, and some actual force must have
been exerted, or the crime of treason is
not cOnsunlmated.
Ihe highest, CT q; the least the direct
proof OF the combining may be found in
the declared purposes of the individual
party before the outbreak; or 1t may be
derived from the proceedings Of meetings
IN which he took part openly. or which
he either prompted. or node effective by
his countenance or sancipn,-commend-
ing, counseling, and lnstgating forcibe
resistance to the law. | speak, o! course
OF consplrlng to resist a law, not the
more limited purpose to violate it, or to
prevent its application and enforcement
IN a particular case, or against a particu-
lar individual The combination must
be directed against the law itself
But such direct proof Of this element
OF the offence is not legally necessary to
establish its existence. The concert of
purpose may be deduced from the con-
certed action itself, or it may be inferred
from facts occurring at the time or at.
terwards, as well as before.
Besides this there must be some act of
violence, the result or consequence OF
the combining. But mere again, il is not
necessary 10 prove that the Individual ac-
cused was direct, personal actor in the
violence. If he was present, directing,
aiding, abetting, counsellmg, or counte-
nancing it, he is, III law, guilty of the for
chile act. Nor is even his personal pres
ence Indispensable Though he is absent
at the time o! its actual perpetrators, yet ii
he directed the act, devised or knowing.
ly furnished the means for carrying it into
effect, or instigating others TO perform it..
he shares their guilt. In treason there
are no accessories.
There has been, fear, an erroneous
impression on this subject among ID por-
ton Of our people. If it has been
thought safe 10 counsel and instigate 9th
ers to acts of forcib.e oppugnation to the
provisions Of statute-tO intiame the
minds of the ign orant by appeals to pas
sion, and denunciatlons of the law as
oppressive. unjust. revolving TO the con-
science. and not binding on the actions
of men-to present the constitution OF
the land as compact of iniquity, which
1t were meritorlous TO violate or subvert,
tile mistake has been gfievous one;
aud they who have fallen into it may re-
loice if peradventure their appeals and
their counsels have been hitherto with
out effect. The snprem macy of the con.
Stltution, i'll all its provisions, is at the
very basis of our existence as a nation
He whose conscience, or whose theories
Of political or individual right forbid him
to support aud maintain i; in its fullest
integrity may relieve himself from tae
duties of citizenship by divesting himself
Of ils rights. But while he remains
within our borders, he is to rene mber
that successfully 20 iustigate treason is tc
commit it,
| l shall no. he supposed 10 imply il
these remarks, that / have doubts of the
law abiding character of our people
No one can know them we'll wthoul
the most entire reliance on their fidelity
to the constitution. Some of them may
differ from the mass, as to he rghtfnlness
or the wisdom of this or the olher pro
! vision, that is found in the federal com
pact-sthey may be divided in sentimen'
as to the policy of a particular statute
or of some provision in a statute; but i
is their honest purpose to stand by the
engagements. all the engagements, WHICH
bind them TO their brethren of the Other
States. They have but one country
/ they recognise no law or higher socla
| obi CATION than its constitution and the
! laws made in pursuance o. lt-theY re
cognise no higher appeal than 10 the
tribunals it has ppointed-they cherisl
no patrio;ism that looks beyond the unlol
of the States.
That there are men here. as else where
whom misguided zeal impels to 7ola
tions of law-tbat there are others Wh'
are controlled by false sympathies, ant
some who yield TOO readily and fully t.
sympathies Lot always false, or, IT false
vet pardonable and become criminal b,
yieiding--that we have, not only III ou
jails and almshouses, but segregated her
and there in detached portions OF til
State. ignorant men, many OF them with
out political rights, degraded i'll socla
position. and instructive of 1evolt--a