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

and one of the articles of impeachment related
to his conduct in that case-conduct stgmatzed
as "haughty, arbitrary, oppressive, and unjust"
The vote was taken on this article and he was
pronounced guilty by sixteen Senators, not
guilty, by eighteen. When it is recOlected that
it was nearly strict party vote, the Federalists
voting for him, it must be regarded as a verdict
against him, for there are few in these days who
are prepared to sustain the old Federal notions
respecting Governmental prerogative.
AS examples Of the doctrine of constructive
treason held by Judge Chase, take the following
opinions delivered in the Fries case-as the
opinions, too of the Court:
at is the opinion of the Court that any in
surrection, or rising of any body QG peasls
within the United Stasss + attain or effect Thy by
.li &c and violence any object of great public
nature, or of public and general for ndt,ond4
concern, is a levying war against the United
States, within the contemplation and construc-
ton of the Constitution"
According to this opinion, the rising of any
body of the People of State, great or small
against the enforcement of a State lar, would
be treason against the United States! AT the
same time, it might be treason against the
State. so that man might be subjected to
double trial for the same act, and to a double
penalty. To guard against this very mischief,
was one of the objects sought to be attained by
the insertion of the word "Only" "TreasOn
against the United States shall consist only in
levying war against them" The opinion of
Judge Chase implies that the sole sovereignty
known in this country is that of the Union.
Again:
"The Court are of opinion, that military
weapons las guns and swords mentioned in the
indictment) are not necessary to make such in
surrection or rising amount to levying war, be-
cause numbers may supply the rant of military
ueaponS, and other instruments may effect the
intended mischief: the legal guilt of levying
war may be incurred rcithOm the use Of mih-
tary teapons or military array"
First we have an opinion that numbers are
not necessary 10 constitute iv.rDg war"-the
rising of any body of men, two or twenty
against the execution. Of law, is 9leyyihg
war; then the Court goes one step further,
out arms, without military weapons of any
kind, without military array! If Judges may
thus trife with the People-if they may con-
strue away by ingenious technicalties, the
plainest limitation in the Constitution, what
security have we for our rights! Treason shall
consist "oNLY IN LEvYING WAR;" &c, at
seems impossible" says Tucker, in his Com
mentaries on Blackstone, "to express an inten-
ton in stronger and more definite terms But
to what purpose were these terms used, and
this strict limitation made, if Courts, notwith-
standing any such restriction, may nevertheless
pronounce that other cases may, by construction,
amount to Treason against the United States
If the authority of such explicit terms can be
rejected in favor of artificial constructions in
vented by arbitrary and corrupt or timid and
complying judges, in the worst of times, writ
ten constitution, containing what was deemed
limitation of powers, has answered no other
purpose but to establish an unlimited gOUern-
nient
But Judge Kane not only adopts the afro
cious doctrines in regard to treason, borrowed
by the old Federalists from the corrupt prece-
dents of England when her Kings ruled by
divine right" but he seems disposed to ex-
tend them even further than Judge Chase ven
tured to do His instructions on the point of
evidence amount in fact to a definition of new
cases of treason, unknown to the Constitution
Let the reader 90 back and examine them and
he will see that in virtue of them juror OF
pliable conscience might make treason out of
almost anything,
Meetings to give vent to popular feeling are
common in this country, and we all know that
impulsive speakers are in the habit of saying
many extravagant things. An ant-slavery
meeting is held in Lancaster county, in the
neghborhood of Christiana. The majority of
those in attendance are known to be opposed
to violence, but one or two of the speakers in
denouncing the Fugitive Law, declare in the
heat of the moment that so atrociOus are its
provisions they could not blame any one, against
whom it was attempted to be enforced, for re-
sisting. Soon after, the attempt to execute it
is resisted by fugitive, and several of his
friends who rally to his aid. The speakers at
the popular meeting, or some who were in at
tendance taking part in its proceedings, are
arrested on the charge of treason. Now, see
how these instructions of Judge Kane may be
perverted by grand jury. These men in
public meeting gave countenance or sanction
to forcible resistance to the law--true, they
were not present at the outbreak but their
language may be fairly construed as having
instigated it, They must be indicted.
Again colored man, acquainted with the
fugitives informs them that certain persons are
on their track, and will soon be upon them
His object is to put them on their guard, 30 that
they may save themselves Is this treason
Has this man been guilty Of "levying war
against the United States I" Yes-says the
grand jury-information Of the presence and
design of the claimant and his friends, was
part Of the means necessary to enable others
to carry into effect forcible resistance to the
law: "he shares their guilt--in treason there
are no accessories"
Once more resident of the neighborbood,
attracted by the tumult, proceeds to the spot,
and on being summoned to aid in the arrest of
the slaves, declines to have anything to do with
the affair. He is guilty of treason, says the
grand jury, for he is present and his refusal to
aid the officers Of the Government, is equiva-
lent to giving Heountendnoe to those who are
resistng-@he is in law guilty of the forcible
act"
An Indictment for treason, in any Of these
cases, would be an insufferable outrage on the
liberties of the people, but the jurors could
plead the instructions of Judge Kane!
In free Government some allowance must