The primitive Republican. (Columbus, Miss.) 18??-1852, 1851-10-23


Iuse all possible diligence in completing theI
local subscriptions to the amount Of the lo-l
zeal work aud will report the same, county by |
county, to the Office of the company at No
bile. SIDNEY. SMITH.
President Mobile and Ohio r. r. co.
Charge Of Judge Kane at Philadelphia.
! Judge Kane charged the grand jjuryin the
United States District Court at Philadelphia,
on the Goth ult., in the case of the Chris
llama rioters. After reviewing the circum-
stances of the case, he thus went on to de-
fine the law of treason:
If the circumstances to which I have ad-
verted have in facttaken place, they involve
the highest crime known to our laws. Trea-
son against the United States is defined by
the constitution, art. 8, sec. 8, CHI 1, to con
sist in flevying war against them, or in adj
= herring to their enemies, giving them aid and
! comfort This definition is borrowed from
: the ancient law Of England, Stat. IS, Edw
: 3, stat 8, chap. ., and its terms must be un-
derstood, of course, il the sense which they
bore in that law, and which they obtained
, here when the constitution was adopted
J The expression "1evying war," so regarded
; Iembraces not merely the act of formal or de-
J clarcd war, but any combination forcibly to
prevent or oppose the execution or enforce
' ment of provision Of the constitution or of
Y Ia public statute, if accompanied or followed
by an act of forcible opposition in pursuance
. of such combination Thisin substance has
; been the Interpretation to these words by the
r English judges, and it has been given uni
S formly and fully recognized and adopted in
Il the courts of the United States (See Eos
L ter, Hale and Hawkins, and the opinions q
/ Iredell, Patterson, Chase, Marshall, and
e Washington, j j., Of the Supreme Court
and Of Peters, d. j., in United States as
d Eigol, United States rs. Mitchell, United
d States Is. Fries, United States as. Bollmar
IS and Swartwout, and United Staten u.s. Burr.
u The definition, IS you viii observe, in
ID .cludes two particulars, both of them indis
IL pensable clements Of the offence Their
10 must have been a combination OF. conspirin,
10 together to oppose the law by force, and som
10 actual force must have been exerted, or tin
10 crime Of treason is not consummated.
= The highest, or at least the direct proof q
10 the combining may be found in the declare
r. purposes Of the individual party before tn
n actual outbreak; or It may be derived fror
H. proceedings Of meeting3 in which he toe
ng part openly, CT which he either prompted, G
It's made cfective by iseoUntenance or sancto
la commenting, eouaselinc, and instigatin
ty fareible resistance to the law. Ispeak, 4
lty course, ct a consplring to resist. laW9noftl
me more limited purpose to violate Il, OF to Pr
se, Fent its application and enforcement. in
Sutl p2rticals case, Of asainsta particular naiYi
no tual. The combination must de aiTeebe
ID against the law itself.
aptI But such direct proof of this clement
tail the offence is not legally necessary to esta
csc lish its existence. The concert Of pprpo
nd may be deduced from the concerted actit
rel itself, or it may be inferred from facts occu
aryIr'ng at the time, or afterwards, as well
before.
be- Besides this, there must be some act
IN violence as the result Oh. consequence of t
ore combining But here again it's notneeessa
Ito prove thatthe individual accused was
500 direct personal actor in the violence. IF
500 was present, directing, aiding, abetting, co
000 polling or countenancing it, he is IN law gui
of the forcible act. Morris. even his person
600 seneeindispensibIe Thoughhebe abse
000 at the time Of its actual preparation, set
500 Ehc directed the act, devised or knowing
500 furnished the means for carrying itinto efie
Gu instigated others 70 perform # he shaH
O0V lthcir guilt In treason their are no acces
600 ries.
- There has BEEN fear, an erroneous
500 preston on this subject among portion
1}y our people. IF it has been thought safe
sub counsel and instigate others to acts Of ferci
and oppugnation to the provision Of a statuts
pec- to infaI1e the minds ofthe ignorant by
or to- peitls to passion and denuneiations of the
lde- as oppressive, unjust, revolving to the c
nter science and not binding on the actionsofm
and to represent the constitution Of tie land !
compact Of iniquity- which st were mefiti
iglt Gus to violate or subyert--the mistake
will been q grieyous one; and theYWho have T
re- en- into it may rejoice, if peradYenture I'll
helappeals and their ceunsels have been b
boVe erto without effeet The supremacy Of
are constitution, in all It's provisions, is at
apid very basis ofsour existence as 4 nation.
road whose conscience; or whose theories OF pt
cen- ieal 81 individual right forbid him to sup
sous and InaiutsTis n the fullest inte grit
rel leyes himself 81 ITS rights " sYllle
3n Of remains within our borders, he IS to rem
pay Der That successfully 70 instigate treasol
land to commit il
the shall not be supposed to imply 10 Il
and remarks, that have doubtsof the Law abe
charaeter of cur people. no one can g
gfess them we'll, without the most entire relif
Il al on their deity 50 Tie constitution. s.
i tIe ef them may diffsr from tie mass IS 60
leres rigstfnln or the n Gin Ct tins orte D
8 pf8r orl, is found ID The federal &
Grille pact he may be gisled IN SCI tlIne nt
alueI fe n6lies 81 q "a ftis,i in tain on of s
S pro sion s. a statute but thel
he loa land 9y
under bind item
Which brethren 9ther states. iey
ono reeogalze 70 lat q q
an ohia on than cons ullon
inner tie a na6e s. pr aIiee o they
yalHe ognizesno hieter appeal than TO the q
lle e mails it las appointed they cherish ne
intel otisln ha loek beyond the union 0
upted That there are nan hero rs alseH
whom q 81 sguided "a impels 70 Fiola