The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-09-15
The Christiann Treason-Levying War
against the United States.


We publish in another column the particu-
lars of the recent shocking outrage that has
been committed in Christiana, Chester county,
Pennsylvania, resulting in the death of several
individuals, and in the probable liability of ma
ny others to the highest punishment known to
our laws The occasion seems to authorize US
to invite the attention of our fellow-citizens to
the law of treason, leaving it to them to apply
that law to the state of facts in this case de-
scribed by the newspapers, as the courts will
probably apply it to the facts as they may be
judcially established. The propriety of this
review is the more apparent from the fact that
too many of our citizens seem to be entirely ig-
norant of the nature of this crime, or of the liza
bilities aud penalties which the law imposes ON
its commission.
The Constitution, in the third section of its
third article, declares that 'treason against the
United States shall consist only in lerying
,oar against them, or in adhering to their ene-
mics, giving them aid and comfort" The
same article and section provide that ''the Con
gress shall have power to declare the punish
ment of treason, but attainder of treason
shall work corruption of blood or forfeiture,
except during the life of the person attainted."
The first Congress. at its second session, ex-
ercised the power thus conferred by the Con
stitution by the passage of law (statute l.,
chap. ix,) which enacted 'sthat if any person
or persons, owing allegiance to the United
States of America, shall Levy ,car against them,
or shall adhere to their enemies, giving them
aid and comfort within the United States or
elsewhere, and shall be thereof convicted, on
confession in open court, or on the testimony OF
two witnesses to the same overt act of the trea-
son whereof he or they shall be indicted, such
person or persons shall be adjudged guilty Of
treason against the United States, and shall
suffer DEATH The same law in its second
section, enacts that " if any person or persons,
having knowledge of the commission of any
of the treasons aforesaid, shall conceal, and
not, as soon as may be, DISCLOSE AND MAKE
KNOWN THE SAME to the President Of the Uni
ted States, or some one Of the Judges thereof,
on TO the President or Governor of particular
Stale, or some one Of the judges on justices
thereof, such person or persons, on conviction,
shall be adjudged guilty of nlisprision Of trea-
SON, and shall be imprisoned not exceeding
seven years, and fined not exceeding one thou
sand dollars"
The language of the Constitution is adopted
from clause of an old English statute of treason,
which is in the following words "Or if man
do leu trar against our lord and king in his
realm, or be adherent 10 The kings enemies in
. has realm, giving to them aid and comfort, in
the realm OF elsewhere, and thereof be proper
: ly attainted of open deed by the people of
their condition" The term ''levying war"
is used in the Constitution in the same sense
in which it was understood in England and in
this country to have been used in the statute of
25 Edward H., from which it was adopted
DANES .4bridgment, Oh. 1919, art. 81 1t is
unnecessary, however, for our present purposes,
to recur to the decisions of the English courts
for the Interpretation of this phrase, as our own
courts have defined it with a clearness and pre-
cision that leave little doubt as to the offences
that il embraces. We propose to review very
briefly some of the cases in which this clause
Of the Constitution has been of the matter In
judgment
An act of Congress was passed on the Sd of
March, 1871, imposing duty upon spirits DIS
titled within the United States, which produced
at once great opposition in Congress and among
the people, and led to an organized agitation for
its repeal. In May, 1892, another act was
passed on the same subject, in which there were
some material notifications of the previous law
In 1894 an insunection took place in the four
western counties of Pennsylvania, 10 prevent
b., force the execution of these two acts VIGoL
was indicted in April, 1895, for high treason in
Ievying war against the United States, on the
charge Of resisting and preventing by force the
execution of the said acts, and was tried at q
circuit court held 10 Philadelphia, Judges Par
rERsoN and PETERS on the bench The over
acts being proved by two witnesses, the case
vas submitted to the jury without argument
under the charge of the court. which was dc.
lIvered by Mr.. Justice Patterson. From thu
charge We make the following extract;