Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1851-10-18

OF our sesslOus, ana 10 ennDle YOU 10 nppy /
with more facility and certainty the princi |
Piles and rules of law, which shall proceed |
to lay before you.
II tile circumstances 10 which have adj |
verted have in fact taken place, they involve !
the highest crime known to our laws Trea- /
son against the United States is defined lIy
the Constitution, Art. 4, Sect. g. Cl. l, to con-
sist in "levying war against them, or adher- |
ing TO their enemies, giving them aid and
comfort" This definition is borrowed from
the ancient Lnw of England Stat. % Edo.
3, stat. 5, chap. 2, and its terms must he I'M
derstood of course in the sense which they
bore in that law, and which obtained here
when the Constitution was adopted. The
expression "levyiug war;" so regarded, em-
braces not merely the net of formal or de-
clnred war but any combination forcibly to
prevent or oppose the execution or enforce
meut of provision Of the Constitution or of
n public Statute, if accompanied or followed
hy AN act Of forcible opposition in pursuance
OF such combination. This IN substance has
has been the Interpretation given to these
words by the English Judges, aud il has been
uniformly and fully recognized and adopted
in the Courts of the United States. (Soe
, Foster, Hale, and Hd,ckinS, aud the opinions
, of lredell, Patterson. Chase Marshall, aud
, Washington, J. j., of the Supreme Court,
aud of Peters, ID. J. IN y. S. Us. Vigol, U. S.
US. Mitchell. U. S. Us. Fries, y. S. Us. BoHmdn
: and !S,eart,cout, and U. S. u.s. Burr.l
The definition, as you will observe, in
cludcs two particulars, both of them ndis-
/ pensiblc elements of the offence. There
must have been combination or conspirng
together TO oppose the law by force, aud
! some actual force must have been eXcrted;
or the crime of treason is not consunnnted.
o The highest or ut least the direct proof OF
the combination may be found in the dccar-
u ed purposes of the individual party before
: the actual outbreak or it may he derived
/, from the proceedings of meetings, in which
I he took part openly, or which he either
=, prompted, or made effective 10y his counten-
= ance or sanction, counsclling
d and insligalug iorcble resistance, to the
s. law. ] speak, Of course, of conspiring to
= resist n law, not the more limited purpose to
violate it, or TO prevent its application and
= enforcement in particular case, or against a
st particular individual. The combination must
is be directed against the law ITSELF
,s But such direct proof of this element OF
the offence is not legally necessary 10 esiub-
lisli ITS existence. The concert of purpose
q may he deduced from the concerted action
It ITSELF or il may be inferred from facts oc-
l. curing at the time, or afterwards, as we'll as
:. before.
:" Besides this, there must he some act of
u violence, as the result or consequence of the
combining But here agaih, it is not neces-
sary to prove that the individual accused was
n direct, personal actor in the violence. II
he was present, directing, aiding, abeliing,
cOunselling, or countenancing it, Inc is in
law guilty of the forcihle act. Nor is even
his personal presence Indispensable. Tho
he be absent at the time OF its actual perpe-
tration, yet if he directed the act, devised or
:. knowingly furnished the means for carrying
y it into effect, instigated others to perform il,
:. he shares their guilt. In treason there are
no accessories
\ There has been, fear, an erroneous i'm
- preston on this subject among portion of
= our people. II il has been thought safe, to
!; counsel and instigaie others 10 acts of iorci-
bic oppugnation TO the provisions ofn statute,
TO inhanle the minds of the ignorant by ap-
u peals TO passion, and denuncintions of the
L. law as oppressive, unjust, revolving to the
% conscience and not binding on the actions
u OF men,-to represent the Constitution of the
u land ms n compact of iniquity, which il were
G meritorious to violate or subvert,-the mis-
take has been greyiOus one; aud they who
u have fallen into it may rejoice, IL peradven-
a ture their appeals and their counses have
y been hitherto without effect. The suprema-
~ cy of the Constitution, in all its provisions, is
at the very basis of our existence as nation.
~ lie, whose conscience, or whose theories OF
'e political or individual right forbid him to sup
~ port aud maintain in its fullest integrity may
er relieve himself from the duties of citizenship
OF by diyesting himself of its rights. But while
c, he remains within our borders, he is TO re.
~ member, that successfully TO instigate treason
Ut is TO commit IL.
oi | shall not he supposed to imply in thes,
,s' remarks that have doubts of the law-abi
ny ding character of our people. No one car
a. know them well, without the most entire re
's' liuncc on their fidelity TO the Constition.-
e. Some of them may differ from the mass, al
o. to the rightlIlness or the wisdom of this o
CO the other provision, that is found in the fed
Oh eral conpnct, t,-they may be divided in sen
gs timent to the policy of a particular stat
Ve ute or of some provision in statute hut il
VI is their honest purpose to stand by the en-.
ch gagemenis, all the engagements, which bind
r. them to their brethern OF the other Sates.--
OF They have but one country; they recognize
ny no law of higher social obligation than il.
Constitution aud the laws made in pursuance
IA, oft; they recognize no higher appeal thar
rd to the tribunals it has appointed; they cher.
no ish no patriotism that looks beyond the un
ni ion of the States.
he That there are men here, as elsewhere
IA whorA misguiAsd zeal impels 10 violations
'c of law,--lhat tIiese are others who are con
ea uolled by false sympathies and some wh'
hd yield too readily and too fully TO sympathie
slr not always false, or if false, yet pardonable
Ta- and become criminal by yielding,-that W,
es have, not only in our jails and almshouses
oi but segregated here aud there in detache,
Is portions OF the State, ignorant men, many O
&c, Them without political rights, degraded il
|, a social position, aud instructive of revolt
De this is true. il is proved by the daily recor
nd of our police courts, and by the iueflecliv
ms labors of those good men among us, VIII
th- seek TO detach want from temptation, passio
Tor from violence, and ignorance from crime