New-York daily tribune., 1851-09-30
Charge of Judge Name at PhiladeipAia-Law
of High Treason

Judge Name having reviewed the occur
rences which repre- scented 20 have taken place an
reference to the Lancaster not. proec lcd as TO-.
lows
1.-THE circumstances 70 which have adycr,cIhayc
IN fact taken place they involve the highest crim.
known 20 our laws. Treason against the n.tCd
States Is defined by the Constitution, AT. - Sec >
Cl 10 consist IN lcyyins var against them. or ma
adherlng 20 their enemies, giving them ald uld com
fort" THIS definition Is borrowed from me ancien,
law Of England. Sf1f. - Efl. g. sta - chap > ari
lis terms must oc understood II course n the sense
which they bore that law. and Wh.ch they o1t,in-
ed here when the Constitution Was adopted. The
expression levy ng War - regarded embraces not
merely the actoitormal or declared Nar butaly com
bmaton fOrcbiy 20 prevent or oppose The execution
enforcement OF provision ofthc Constitution on sf
apublc Statute ltaccompanct or 10 lowed by An act
of tOrclbC opposition m pursuance % such comhlna
ton. This IN substance has been ne mtCrpit tAtlOn
10 these words by the English Judges, and thas been
gwen uniformly and fully recognized and adopted "a
The Courts OF The Onucd states l>ec Poster, HG'e0ni
Hqutas ana the opinions OF iredcl, Patterson,
Chase. Marshall, and Washington, J. y, ~ the
supreme Court. and of Peters. ID J. "a u y. ps
visoL L. y as. Nifctfn L. y. rS. F1ss, y r,
B0iiGdn ant Srlr'ic0sf and SIS brr)
The definition a. YOU viii observe, includes tso
particulars both ofthcm indispensable elements of
he ofensc. There must have been combination
or COuspumg together to oppose the laH 10y force,
and some actual force must have been cNoriCd OF
the crime of treason rs not couSummaied.
The highest or at least The direct proof ~ ,lie COM
llnUug may De iound m tl declared purposes or the
individual party before the actual outbreak or II
NAV be derived fIOm The proc cCtmgS OF meetings, IN
which he took part openly, of which he either
prompted, or made effective ~ his counttnancc of
sanction cOmmondmg cOuus ling and nStlgltmg
tCrcibe resistance tO the law speak, Ot course, OF
aoonsprmg To resist law moi the more limited pur-
pose to Violate n, or 20 prevent ITS Application and
enforcement, IN particular case, or against partic
ular dlfluual The combination must De directed
against tic law itself
hut such direct proof of tins element of the Of.
fensc Is tot legally noces ssaTy 10 establish ts exist
enct. The concert of purpose may be- doducci from
the concerted action itself, or II may be inferred
from facts occurring at the time, OF afterwards. as
well as before.
Besides tins, there must be some act Of violence.
rs the result on consequence Of the combining But
here again, Il Is not necessary TO prove that the nd
ydual accused was a direct. personal actor m the
violence. II he present, directing, aiding abot
ting. compelling on cOuntcnanciug n, he ~ In lar
guilty OF the for iblc act Nor - even his personal
presence indispensable. Though be be absent AT
tac time Of It's actual perpetraon, yet ii he directed
The act, devised or knowingly furnished the means
for carr ng II INTO effect, nstlgaied others 20 per
form Il, he shares their emii Ia treason there are
10 aCcCssarcs.
There has been, ! fear, an erroneous impression
oL this subject among portion OF Our people. " II
has been thought safe tO counsel and lnstIgtte
others to acts OF torcible oppugaation 10 the pro
visions Of "a staule-'o iufamc the minds oi the
ignorant by appeals Ia pl,>lon, aud acnunciailOnS
%. the law as oppc-sEe, UNJUST, revolving 10 the
conscience. and nOt binding on the actions oi mca,
to represent the tonsutlcn of thc land a. a com
pact Of miquity which II we're mertouous TO Eip-
late or SubN Nort,-thr mistake has been -ricvOuS
one and they who ht.c fallen into Il may ID, once.
% pendycruuc thcu apncrls aui Their copn,eis
have been hitherto wltlput eject The supremacy
of the Constitution, ~ a ls pfotleIDne, IS a. The
very basis q. our existence 40 nation. !ic, whose
conscience, Or whose thrOne, Of political ~ iG1I-
lidual night forbid hIm o. support and maintain Il
In The fullest integrity, may relieve himself iIJm
the duIcs Of citizenship by diycs,ing himself Of Its
rights But while he remains within orr bDrders he
10 remember, that successfully TO ,nstise treason
is to commit a.
shall not be- suppo ed 10 IMPLY iu these remarks.
that have doubts Ot Tie ldN-aDldIug character oi
ouT people No one can know them weIi. without
the most entire reliance on their fidelity 10 the Con-
sttu'ion some OF them may dfeT nom The mass.
a. 10 The Tlghiuness or the wisdom Of thls or the
other prov son, that Is found n The fedo nl comp ict
they may be- divided ~ sentiment 90 the policy Oi
particular statute or Of some provision ia statuie
but Is their honest purpose Ia stand by the engage
ments. all the engagements, which bind them u
theIT brethren Of the other Stafcs. They have but
one ntry they recognize no Law Il higher social
obligation than rs Constitution and The laws made m
pursuance Of it they recognize 70 higher appeal
than 10 the tribunals II has appointed they cherish
no patriotism that looks beyond the union Of the
states
Ina, there are men here, - elsewhere. whom "a
misguided 2odl npcls 10 yIoldtiOns Oi law that
there are Others who are controlled D. false sympt-
thos, and some who yield too readily and too fruy
10 sympaihle> not always faSe or ~ idise, YET par
donable and become criminal By ylcflng--thAt We
have not only IN oar lalls and alnshouscs, but Sc
gIegated here and there n detached portions Oi the
state, ignorant men, many Of them without political
rights, degraded II social position aud instructive
~ yOtal THIS u true. II IS proved by the daily
record of our police courts, and by the ineffective
efforts of those good men among US, who seek 10
detach want from temptation, passion from violence.
and ignorance from crime. But II should not be
supposed that any Of these represent the sentiment
OF Pennsylvania, and 4 would be 10 wrong our peo,
PIE sorey, 70 include them III the same category ot
personal, social, or political morals.
IL - declared ~ the article Of the CONSTITUTION,
which have already cited, that " no person snaiibe
convicted of treason, unless on The testimony Oh"
witnesses 20 the overt act or On confession IN
omen (ourtr This and the corresponding language
N, the art OF OpgreSs Of the 30h Of April 1890, seem
10 refer 20 tie proofs on The trial. and not 10 the pre-
.lmInAry hearing before tie committing Magistrate,
or tie proceeding before the Grand Inquest mere
can be no conviction until after auaigHment on bul
.ound The previous acton IN the case j. not t'ti.
and caDnOt convict whatever De the evidence Or Ihe
number Of witnesses. ] understand ,h.s - nave
been The opinion entertained by Chef justice Jdr-
shall BBTYs Trai, l96 and though u oilers ron
tbat by Judge isc ell on the Indictment OF
Fries nboTt. IN. 81. Ir. 80, feel aWhorzrd 70
recommend It 10 you, within TIE terms Of the
Constitution. and involving no injustice 10 me Ar-
cused.
have lyto i'd that treason against the United
States may be committed b. any ore FcsdeLi OF 80
ourner within 1t. territory and under the protection
Of H. avs. wiciber be be citlzen or al alien. Ps'
g. J.. is3, J--Hae, ~, %, 62, J Hors -. J., %
H.. -.
Besides the crme of treason, which have thus
noticed. there are Ofen.es Of MINOR grades, ag3nt
tie Constitution aldthe >ta some or o'ner OF ~hes
may be apparently estal ishcG by the evidence that
VIA come before YOU. These are embraced IN the
Act Of Congress oflbe Both sept 200 c.. . sect ~.
on he subject vi o5srgctlpg or resisting tue servce
OF LEGAL process the ic, og the ~ II March. 1891,
cn o. sect q which secures the Iurors. witnesses,
ard officers Of our Courts m the fearless free. and
impartial administration OF pec,sc funciions
and the Act OF the 18th Of Sept 1850 eh 90, which
relate, more rtcul1ry IA the rescue attempted
rescue Of a fugitive from labor. Thee Acts were
mace the subject of a charge - the Grad Jury of
this Cour. N November last, OF which stall direct
A cory TO BE- laid before YOU.
GREAT Crowd More than twenty-five
hundred pas.eu gets (cmIgran,s) arrived At thu Port