The national era. [volume] (Washington [D.C.]) 1847-1860, 1851-10-09


Preparation yet if he directed the act devised
or knowingly furnised the means for carrying it
into effect instigated others to perform it, he
shares their guilt In treason there are no &C
cessOriesH
n
al have only to add, that treason against the
United States may be committed by any one
resident or sojourning within its territory and
under the protection of its laws, whether he be
a citizen or an alien-Fost c. L.. 1873, 5: Hale,
SO, 60, so; II Hdck, Oh. II, : D., KeL 3S.n
"Hour inquiries will not be restricted to the
conduct of people belonging TO our own State
II in the progress of them you shall find that
men have been among us who under whattc,rS;,r;,
mas. Of icons conscience or Of PsiSGGpSo Proposed or
nfto' orrono ~ te@rs quite eS'd"nave labored to
49, -. " time. asUnable violence, and who,
Endowed gng the elements of the mischief
eximlthdrawn themselves to await the explo-
sion they had contriyed, you will feel yourselves
bound to present the fact to the court and,
however distant may be the place in which the
offenders may have sought refuge, we give you
the pledge Of the law, that its far-reaching ener
gies shall be exerted to bring them up for trial
if guilty, to punishment"
Ii will be observed that the definition of the
crime and of its proof is so framed as to favor
any disposition the grand jury may have to
find an indictment for treason. The leaning and
implication of the charge are clearly against
the accused and the jurors, while they are care
fully supplied with all the technicalities which
may enable them to stretch the Law of Treason
beyond what, in our Judgment is its legitimate
limit are in no instance admonished OF the
danger of yielding to the influence of popular
excitement, or of suffering themselves to be i'm
posed upon by insufficient evidence.
The Convention which organized the present
Constitution found great difficulty in defining
the crime of Treason AS new Government
was about to be established, it was necessary to
provide against attempts to overthrow IT, but
the laws of the Old World, framed to protect
the usurpations of Despotic Authority, were not
ft precedents for Government strictly limit
ed by written Constitution. DR.. Franklin
justly remarked that PROSECUTIONS for treason
were generally virulent, and perjury too easily
made use of against innocence; for this rea-
son, he desired to leave nothing to cOnstruc-
ton and such was the anxious desire of the
Convention generally. Congress was empower
ed 10 "defne and punish piracies and felonies
upon the high seas, and offences against the
laws of nations" but not TO define the fdW Of
Treason. The Convention determined to settle
the meaning of this crime in the Organic Law,
so that the rights of the citizen should not be
exposed to popular excitement the intolerance
of Faction, or the vindictiveness of Party. Con-
gress might provide the punishment of Treason
the Constitution alone should define the offence
Accordingly, the Convention agreed upon the
following provision, which is certainly not de-
ficient in clearness:
Treason against the United States shall con-
sist ONLY in teUWng Tdr AGAINST THEM, or in |
1dhering TO their enemies, giUing them aid and |
comfort No person shall be convicted of |
Treason unless on the testimony of two witnesses
20 the same overt act
There is rgor in this definition which is
scarcely characteristic of any other provision of
he Constitution. 1t strictly qualities the crime
md the proof Treason shall Consist ONLY
n leUging Wdr," &c" Treason against the
United States shall consist ONLY IN ieUpng irar
GAINsT THEM the offence must be "oUert,"
nd there must be "tro witnesses TO the same
cert act We see not how fixed purpose to
D exclude all constructive treason, to prohibit
my Department of the Government from lati- !
udinizing the provision, could have been ex-
pressed in more precise and rigorous terms.
The reason of the strictness of this constitu-
5ional limitation has been explained by the
highest authority:
AS new-fangled and artificial treasons,r
says the Federaitst, "haye been the great en-
gnes by which violent factions in free States
have usually wreaked their alternate malgnty
On each other, the Convention have with great
Judgment opposed n barrier to this peculiar
hanger, by inserting constitutional definition
Of the crime"
Judge WILSON of Pennsylvania, in the first
charge delivered by him in the Federal Circuit
Court of his State, said
I" 1t well deserves to be remarked that, with
regard to treason new and great improve
ment has been introduced into the Government
Of the United States: under that Government
the citizens have not only legal, but consti-
tutional security against the extension of that
crime, or the imputation of treason Treasons,
capricious arbitrary and constructive, have often
been the most tremendous engines Of executive or
Legislative tyranny"
Judge lREDELL, delivering charge in South
Carolina thus congratulated the American
People on this benign provision of the Consti-
tuition n
Treason consists in two articles only ), levy
irg war against the United States, or adhering
to their enemies, giving them aid and comfort
The PLAN definition of this crime was justly
deemed of such moment to the liberties of the
People that it was made part of the Constitu-
ton itself None can so highly prize the i'm
portance of this provision, rs those who are
best acquainted with the abuses which have
been practiced in other countries in prosecutions
for this offence. No man of humanity can read
them, without the highest indignation; nor in
particular, can they be read by any citizen of
America without emotions of gratitude for the
much happier situation of his own country
Such were the opinions of learned judges,
Immediately after the adoption of the provision
by the Convention of which they were MEM
bers; and the American People undoubtedly
believed that they were secured by the new
Constitution against the deadly animosities of
Faction, and the ruthless caprices of Power,
which have always sought qualification in de-
wees for extending the law of Treason. They
understood what levying war" meant. There
must be numttrS, drroyed, IN arms against the
Government by orer dct, seeking TO nuH,fy its
lars This offence was defined AS Treason; the
definition was plain; and they could easily
avoid the crime because they were left in no
doubt as to its nature. And Treason was to con-
sist "oNLy IN ieryng ,rdr," &c. The general
phrase, "leyying war" was not used without