Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1851-10-01

All eXamlndllOn OI sotHe oI tue prisoners
charged with resisting the fugitive slave law
and the murder of Mr.. Gorsuch, in Lancas-
ter county, Pa, commenced on Tuesday
morning Of las. week, and was not brought
to close until Thursday. After hearing
the witnesses for the United States as we'll
as those for the accused, Justice John F..
Reigal:, read his decision, which concludes
as follows :-"Wilhou. commenting on that
which will ever be lamenled by the good
citizens of this county, who are ever ready
to respect and obey those laws made by the
people themselves, we feel it to be our duty
to commit Cashier IIannaway, Elijah Lewis,
John Morgan, Henry SHINES and Jacob
Moore, charged with the crime of treason
agains, the United States, and aiding and
abe,ing in the murder Of Edward Gorsuch,
a worthy citizen of the State of Mary land."
The three last mentioned are Negroes
They are now in prison in Philade pbis,
their offence no. being bailable The whole
number Of sus pected persons examined was
thirteen, six of whom were discharged
As TO what constitutes the crime of lrea-
son, the Baltimore Patriot makes the fol-
lowing remarks -
The preliminary examination into the
case Of the recen, outrage and murder al
Chris,iana, (Pa.,) has resulted in the COM
mtment of the prisoners, on the charge of
treason and murder-lreason against the
United States, in conspiring to set the laws
at defiance and murder in killing the elder
Gorsuch.
That the charge Of murder was invoIved
in The case is admitted, bu, i. is doubted
whether the crime of treason can be sus-
tanned.
The question then comes up, "what is
treason ~ The Constitution of the United
States thus defines it:
"Treason against the United States shall
consist only in levying war agans, them, or
in adhering to their enemies, giving them
aid and comfort"
Treason is thus defined to be chewing
war; and this raises the question wha, con-
slitules that offence. The Courts of The
United States must decide it, and have de-
cided it:
In what is known as The "whskey insur-
reciion," which was movement to prevent
the execution of the acts Of Congress lay
ing duty on distilled liquors, parties in the
movement were arrested and indicted for
treason. In the trial in the u. S. Circuit
Court, Judge Patterson delivered The opinion
of the Court, saying:
eff the object of the instruction was to
suppress the excise office, and TO prevent,
the execution Of an act of Congress by force
and intimidation, the offence in legal es.ima-
ton is high treason i. is an usurpstion Of
the authority of Government; it is high lrea-
son by the levying Of WARP
This opinion was affirmed in the same
district by Judges Iredell and Peters, where
party was indicted for combining with
others to resist The execution of the law
The counsel for the defence commended that
TO resist by force of arms particular law Of
The United States, though public one, did
not amount to levying war, within the true
meaning of the Constitution, but was only
a riot. After full discussion, the princi-
pie established in the above case was reaf-
frmed by Judges IredelI and Peters, "that,
to resist or prevent by force the execution
Of particular law of the United States, did
amour, to levying war against them, and
was therefore treason"
The party was convicted, but new trial
was granted him, when it was held before
Judge Chase, who decided tina. any insur-
rec'ion or "rising of any body of people"
to resist or prevent by force or violence the
execution of any statute of The United States,
under any preience, "as tina, the statute was
unequal, burdensome, oppressive, of uncon-
s,,ulional, is levying war against the U.
States, within the Constitution"
In 1912, Judge Story, in his charge to the
grand Jury assembled at Newport, r. 1,)
laid down the law in these words:
Gin respect to the IRRESPONSIBLE design, il is
not necessary that i, should be a direct and
positive intention to subvert or overthrow
The government. |. will be equally treason
| if The intention is by force to prevent the
execution Of any one or more general and
public laws of The Government, or to resist
The exercise of any legitimate authority OF
The Government in its sovereign capacity.
Thus. if there is an assembly Of persons
with force, with an intent 10 proven! the
collection Of the lawful taxes or duties le-
We'd by the Government-or to destroy all
custom-houses, or to resist the admInstra-
ton of justice in the courts of the United
States, and they proceed to execute their
purpose by force, there can be no doubt that
it would be treason agains, the United
States"
The same doctrine is. laid down BY the
Supreme Court, in Erp arte Bollman, where
the Chief Justice not only cites with ap-
probation the opinion of Judge Chase, but
adds, tina, if a body of men be actually as
sembled for the purpose of efiectins by force
a reasonable purpose, all those who per-
t,or