The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1851-10-22
What C0nstiiutcs treason ?

sTIrUTEs TREASON p and from lis article is
copied What Is gwen below. The ConstIu
lion thus defines The crime of treason:
Treason against The United States shah
consist only IN levying war agains, them, or
: IN sdhe'Ing TO their enemies, giving them and
and comfort" !"
Trenson, hen, is levying war;" and the
question now arises, in wha, does evying
war CONSIST THIS question has been decl
ded by the Supreme Court, on various occa.
Sons.
10 tie trial Of those engaged in the " Whls
key nsurrecion,' Intended 10 resist The exc.
cunon Of an aei of Congress, laying duty
on distilled liquors, the opinion Of the Cour,
was delivered by Judge Patterson, Who sad :
II the object Of the insurrecilon was 10
suppress the excise flee and to prevent the
execution Of an act of Congress by ferce aud
inimidatlon, the offence 10 legal estimator is
high treason; 1t Is an usufpaaou OF tie Gu.
thoTt'i O. Government; !. 10 high treason by
he levy ING Of war"
This oplGlon was re iflfmed by Judges Ire.
dell aod Petets, IN trial, IN The same district,
when The party was indicted for combining
with others 10 resist The execution Of The law.
he counsel for The defence contended tha,
the resistance Of particular law OF the Ual.
ted States did no, amount to "cvy ing war, :"
bat vas a riot. Bat the Judges decided:
That, TO resis, or preven, by force the ex
eculton oi particular Law Of the Z. States,
did amount to ievyIng war against them, and
was therefore treason"
Judge Story, in his charge TO the Grand
Jury assembled at Newport (R. I.) in 1912,
laid down the law in these words:
" In respect TO the iteasonable design, il is
not necessary Iha, IL should be a direct and
positive intention TO subverl or overthrow The
Government. II will be equally treason If
The lnieailon Is By 'otce 10 preven. the execu
ton OF any one or more general and public
laws OF the Gosetnment, or % resist the ex
etcise OF snt legitimate authority Of lhe Go
Setnnenl IN ITS sovereign cspacin. Thus #
there is al assembly oil persons with lotce,
With an intent 10 prevent The collection of the
lawful tSaes OF duties Ieved tv the Gotefp.
men'-or 70 destroy all custom houses, or 10
resls he administration Of Justice in the
courts of the Unued Safes, aud the, proceed
10 execute their purpose by force, there can
be no doubt that II would be treason agalns.
the UnBed States"
The same doctrine is laid do by The Su.
preme Court III "er pdrte Botlman," when
the Chef Justice SAID:
6 II body OF men be actually assembled
for the purpose OF tffectDs by force a trea.
sonabe purpose, all those who perform any
part, however minute or however remote from
the scene Of action, and who are actually leag.
ued IN the general conspiracy, are 10 be cons.
deted traitors. But there must be an actual
assembling Of men for the reasonable purpose
to constitute evylng Of war"
These authorities seem 10 US conclusive, as
TO vi hat constitutes the crime Of "levyng war"
which is treason. II IS 10 simple words, SAYS
the Baltimore Patriot, combining and assem-.
bling together, TO resis, the execu ion of the
law.
"Cen any one ooubt that there was such
combining and assembling at Chtsuana = |
The parties dd assemble, they gathered there
for the purpose Of resisting The execution OF
the aa-they did resist 1t efeclnalIy-
they are therefore guilty Of treason. The
magistrate before whom the investigation was
had, could not have done less, than 10 hold the
parties accused TO ans s er for that crime. Aud .
they Will be tried, and We will not doubt, con
vlcied and punished for It,
!" The prisoners have alse been committed .
for the charge of murder. This is crime
distinct from treason, so that, II from any
cause, the parties charged should escape con.
vlctlon on an indictment for treason, they will .
be suhlectsto be tried for tina: of murder"