The national era. [volume] (Washington [D.C.]) 1847-1860, 1851-10-09

poem as this 10 eloquent and unqualified in its
praise Of this goodly land, which still has toe
many faults, our patriotism henceforth must
surely pass unquestioned!
MIcHIGAN.-A well-written article on our
first page vindicates Michigan against remark
of ours, supposed to disparage her Our cor
respondent knows the People of that State bet
ter, we doubt not than we do, and of course
we stand corrected The remark, he will
recollect was incidentally made, in the course
of an argument and was not dictated by the
least unfriendly feeling towards the People &c
Michigan. 49,; :; go, -;
AN EXAMINATIO,, >rssr1ights on =
S-Jpublie have a.,
.1anishmentirOF THE LAW OF
! fence. The r"iREASON.
as demned
n As a declaration of natural rights by one
class in community, though made for its
special benefit, paves the way for the extension
of the same rights to all other classes, so does
the habitual practice of injustice towards one
class put in jeopardy the rights of all others.
For no man can appeal to the rights of hui
manity in support Of certain claims he may
choose to set up without virtually recognising
and asserting the equal rights Of his brother
man: and it is impossible to defend or exercise
q wrong inflicted upon one man, by any argu-
ment which would not warrant its infection
upon another The Magma Charta was In
tended for the benefit of the English barons
alone, but its great principles belonged to hui
mainly, and in after times it became the charter
of the Peoples liberties. The Declaration of In
dependence was put forth in justification simply
of the claim of the British colonies to separate
from the mother country and institute Govern
ments of their own; but the rights it affirmed be-
long to human nature and rtsfgrcat truths are
forever protesting and working against negro
slavery On the Cthef 1nnnG, ~ p'5"eiin' 55fa@a
this system become so interviewer with the
laws and institutions of the land that it has
begotten false sentiments. on the subject Of hui
man rights, a spirit tolerant of despotism, and
given rise to legislative acts and judicial de-
cisions which involve principles as dangerous
| 10 Tic rights w lbC idCC eo tOg hoNO
proved subyersive of those of the black.
To 90 no farther for an illustration in what
country, not debauched in ats ideas of human
liberty. could the tenth section of the Fugitive
Slave Law have been for moment tolerated.
"A section which authorizes any petty court of
record in one State to try the question of the
liberty or slavery of q person, not summoned to
its bar, and to pronounce him slave, while alb
sent, upon mere er pdTte testimOny-and makes
its Judgment conclusive upon any court in any
other State before which the accused person
may be brought, though it might be proved to
the satisfaction of that court by competent wit
nesses that the accused had never been Il slave,
or was not a fugitive Such an outrage on
common sense and sound law could prevail in
no country not corrupted by slavery.
But our remarks are designed to apply |
specially to an important charge recently de-
lyered by Judge KANE, of Philadelphia, ON the
Law of Treason Certainly, had it not been
for that strange infatuaton which for time
has given to slavery a controlling influence in
our halls of legislation and courts of justice,
such n charge could uovor have omanated from
- judge appointed by Democratic Admins
traton. When we say that it revives the loath-
some doctrine of constructive treason that it re-
affrms the revolving fctions concerning high |
treason borrowed by the Federal judges of
1904, in the Fries case, from the detestable
school of Jefries and his associates, we desire to
be understood as measuring carefully every
word we utter. Even the praise bestowed upon
it by the PennSylUdnian and Washington
Union, professedly Democratic papers, cannot
induce us to mitigate our denunciations of doc
trnes opposition to which, in the early part of
this century, contributed to the ascendency of
the Democratic party and the overthrow of the
Federalists. The Pennsylvania remarks of
the charge, that it will be read with interest
and profit by the People of the United States
that it is ably written, and presents the law of
treason in a clear and lucid manner The
Washington Union concurs with its admiring
brother, and says. "it lays down the law of
treason in clear and concise manner
Now, we wish our Democratic friends to bear
in mind these expressions of opinion from pro-
fessed Democratic journals while we attempt
to expose the true nature of this charge by a
Democratic Judge.
1t was delivered for the purpose of enlighten-
ing the Grand Jury on its duties, in consequence
of the determination of the United States Dis
trct Attorney in Philadelphia to send to it bills
for treason against the persons accused of par
tcipating in the Christiana disturbance
We copy that portion in which the judge de-
fines the crime and the proof
Treason against the United States is defined
by the Constitution, art 3, sec. 3, cl. T. to con-
slst in levying war against them or in adher-
ing to their enemies, giving them aid and COM
fort This definition is borrowed from the an
cient law. England, Stat 25, Edo. g. stat. 5,
! chap 3, and its terms must be understood of
course in the sense which they bore in that law,
and which obtained here when the Constitution
was adopted. The expression 'levying war so
regarded, embraces not merely the act of formal
or declared war; but any combination forcibly
to prevent or oppose the execution or enforce
mcnt of provision of the Constitution, or of
public statute, IL accompanied or followed by an
act of iorcible opposition in pursuance of such
combination This in substance, has been the
Interpretation given TO these words by the
English judges and it has been uniformly and
fully recognised and adopted in the courts of the
United States. (See Foster, Hale, and Hdukin$
and the opinions of lredell, Patterson, Chase,
Marshall and Washington J. j., of the Supreme
Court and of Peters, ID. j.. in United States vs..
| VigOi United States W. MITCHELL United States
| vs. Fries United States vs. BOIinan and Srdrt-
trout, and United States vs.. Burr
"1he definition, a. you will observe includes
two particulars, both of them indispensable ele-
ments of the offence. There must have been a
combination or conspirng together to oppose
the law by force and some actual force must
have been exerted or the crime of treason is not