The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-09-15

y
ly leagued in the general conspiracy, are to
be considered traitors. But there must be an
actual assembling Of men for the reasonable
purpose TO constitute levying of war"
In June, 1912, Mr.. Justice STORY delivered
charge on the law of treason to the grand
jury of the circuit court of the United States,
holden at Newport, for the Rhode Island dis
trict, induced by the then late alarming crisis
Of affairs in that district II will be seen
from the passages which we cite from
this charge q Story's Reports, 6l5) that the
doctrines laid down by the circuit judges in the
earlier cases, and by the Supreme Court in
Erparte Bollnlan, are fully sustained by the
views of Mr.. Justice STORY at a period com
paratively recent:
"To constitute an actual levy of war, there must
be an assembly of persons, met for the treasona-
BILE purpose and some overt act done, some at
tempt made by them with force to execute to-
wards executing, that purpose. There must be
present intention to proceed in the execution Of
the reasonable purpose by force. The assembly
must now be in a condition to use force, and must
intend to use it, if necessary to further or to aid
or TO accomplish the reasonable design. If the
assembly is arrayed in military manner-if
they are armed and march in military form,
for the express purpose of overawing intimi-
dating the public-and thus they attempt to car
ry into effect the reasonable desgn-that will, of
ITSELF amount to levy Of war, although no &C
tual blow has been struck, or engagement has
taken place. This is clear case; but 1t is by
means the only (for many others might be
stately in which there may actual overt act
of levying war. l wish to state this only one
;..b I,o,,
tertained.
"In respect to the reasonable design, il is not
necessary that il should be direct and positive
intention entirely to subvert or overthrow the
Government. II will be equally treason, if the
intention is by force to prevent the execution of
any one more general and public laws of the
Government, or to resist the exercise of any leg
innate authority Of the Government in its sover
eign capacity Thus, if here is assembly Of
persons with force with an intent to prevent the
collection of the lawful taxes or duties levied by
the Government-or to destroy all custom houses,
or to resist the administration of justice in the
courts of the United States and they proceed 10
execute their purpose by force, there can be no
doubt that il would be treason against the United
| States"
One would suppose from the advice of for
chile resistance, 50 Familiarity given by the
Abolitionists, that they are quite unaware that
| there is any such crime as treason recog
Missed by the Constitution, or punished with
death by the laws of the United States. We
would remind them that not only is there
such crime, but that there is solemn deci-
sion of the Supreme Court that all who are
concerned in conspiracy which ripens into
treason, whether present absent from the
scene of actual violence, are involved in the
same liabilities as the immediate actors. If
they engage in the conspiracy, and stimulate
the treason, they may keep their bodies from
the ARRAY without saving their necks from
halter.
1t would be very much to the advantage of
society If an example could be made of some
of these pestilent agitators, who excite the lg
norant and reckless to reasonable violence,
from which they themselves shrink, but who
are, not only in morals but in law, equally
guilty and equally amenable to punishment
with the victims of their infammatory counsels
From Hnvana-Four of the Prisoners Re-
leased.
BY information reaching us sim ultaneously
from New Orleans, Charleston, and New
York, we learn that the Captain General of
Cuba has released four of the prisoners who
were engaged in the Lopez expedition, to wit:
James A. Kelly, w. Scott Haynes, Philip S.
Van Vechten, and James Counelly. One of the
accounts states that the Captain General paid
their passage to New York. Two of those re-
leased had taken passage in the ship Norma,
bound for New York; and third Mr.. Van Vech-
ten) was received on board the United States
frigate Albany, from which he was subsequent
ly transferred to the Winfield Scott, off Key
West, and in this vessel he arrived at New
York on Friday afternoon He states that
he was released from prison and pardoned
through the intercession of Captain PLATr, of
the United States ship Albany.
Mr.. VAN VEcHTEN has furnished to the New
York Herald circumstantal account of the
expedition, and of the means used to induce
young men to embark in the enterprise, most of
which are any thing but creditable to those
employing them. He gives LOPEZ credit for
personal courage, but says, of military know
ledge, judgment, or ability to lead an expedi
| ton, he possessed neither.
1t is further stated that there are one hun
dred and sixty prisoners at Havana. Captain
PLATT had pleaded strongly in their behalf,
but was told that his pleadngs were of no
avail, and that the remainder would be sent to
Spain.
The advices at New Orleans from Havana
| are TO the 9Th instant, and at Charleston to
the 9th.
Caroline County, Virginia.
At a meeting of the Wings of this county,
| held at the court house on the 9Th instant, Dr.