The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-10-02


From Pennsy sept 80.
9hs xhri.siana Outrage -ohnEss OF Jadso Kane
rhs Law a Treason.
In conse ouenee OF the determination of District Attor
ney Ashmead 10 send bills TO the grand jury against the
persons hound for treason ior their alleged pariei-
patton In The late deporable outbreak al Chrlsana Judge
Kane deemed proper that he should lay down the law
OF treason TO them before they acted on the bill Inc
opinion given below and Will be read with interest ana
profit by The people OF the United States generally y y
ably written. and presents the law Of treason IN clear
and lucid manner.
CHARGE.
Gentlemen OF the Grand Jury: II has been represented
TO me that since we met last circumstances have occurred
in one OF the neighborng counties OF our district winch
should call for your prompt scrutiny ana perhaps io' 'hs
energetic action OF the conrl. n,,l :,
Ii is said that citizen of the State OF Maryland, VINO
had come into PENNSYLVANIA 10 reclaim fugitive from
labor was orcbly INSTRUCTED IN the attempt by body OF
armed men--assaulled beateh, anu puueieu tha some
members OF his family, who had accompanied him in the
nnrsuit were al the time and by the same party
matrcated and grievousy wounded and that officer
of Justice constituted under the authority OF this court
who sought to arrest the fugitive, impeded and
pelled by and violence, while proclaming his
character and exhibiting his warrant II is said too tina,
the time and manner OF these ouages their asserted OBJ
ject the denunciaons by which they preceded and
the simultaneous action Of most OF the guilty parties,
evnced combined purpose forcby to resist and make
nugatory constitutional provision, and the statutes en-
acted in pursuance of il; and is added in confirmation
OF this, that for months back gatherings OF people
strangers well ctizens-have been held from time
.! which exhortations were made and pledges inter
changed to hold the law for the recovery Of fugitive
slaves Of no validity, and TO defy its execution.
Such are some OF the representations that nave been
made in my hearing, and in regard to which has be-
come your duty, the grand inquest OF the district, to
make sgal n9a know os '1
the court before which the accused persons may herea
ter be aragned and tried, have sought 70 keep my
mind altogether free from any Impressions OF their guilt
or innocence, and from extra judicial knowledge
of the circumstances which must determine the legal
character Of the offence that bias been pepeated II Is
due the great interests OF public justice no less than 10
the parties implicated in criminal charge, that Their
shall be in nowise and in no degree preiudged
And in referring, therefore, to the representations which
have been made TO me, have other object than TO
point you to the for my addressing you at this
advanced period of our session, and TO enable you to
apply with more facility and certainty the principles
and rules of law which shall proceed 10 lay before
II the circumstances to which have adverted have
in fact taken place. they involve the highest crime known
TO laws. Treason against the United States defined
by the constitution Tart. g. g. cl ~ TO consist in
levying war against them, or in adherng to their enc.
mics, giving them aid and comfort" This definition is
borrowed from the ancient law of England, (stat 25
Edw stat s. chap and its terms must be understood
Of COURSE in the which they bore in that law and
which obtained here when the constitution adopted
The expression "levyng war;" regarded, embraces
not merely the act of formal declared war; but any
combination fociby to prevent oppose the execution
enforcement of provision OF the constitution of pub
lie statute if accompanied or followed by act Of forc
BILE opposition, In pursuance OF such combination TINS,
SUBSTANCE been The Interpretation 10 these
words by the English judges, and it has been uniformly
and fully recognised and adopted in the courts OF the
United States see Foster. Hale, and Hawkins, and ,ne
Washington, j. j. OF the supreme Court, and of Peters,
D. j., in U. s. Us. Figol, u. S. Michel, U. s
Fries U. $. %. BoIlman and Swarwou, and U. s.
Bun)
The definition. as you will observe, includes two par
tcuars, both OF them Indispensable elements of the Of
fence. There must have been combination or consp-
ring together oppose the law by force, and actual
force must have been cXeTled, the OF treason
I ccDsummaleo
The highest or at least the direct proof of the com
ylnng may be found 10 the declared purposes OF the in
dIvldual party before the actual outbreak may be
derived from the proceedings Of meetings. in which he
TOOK part openly or winch he either prompted or made
effective by his counenance or sanction commencing.
counselling, and insigang forcibe resistance 10 the
law speak, OF course OF consprng 10 resis, law
not the limited purpose violate H. or TO prevent
its application and enforcement in particular case
against particular individual. The combination must
be directed against the law itself.
But such direct proof OF this element OF the ofe is
not legally necessary to establish ITS existence The
cert OF purpose may be deduced from the action
ITSELF or may be inferred from facts occurring the
time, or afterwards, as well as before.
Besides this, there be OF violence as the
result or consequence OF the combining Blu, here again
II not necessary 10 prove that the individual accused
direct personal actor the violence II he pres
ent, directing, aiding, abeng, counseline, counte,
nancng it, he is in law guilty OF the forcible Nor
even ms personal presence Indispensable Though he
be absen al the time OF it's actual preparation, yet If he
directed the act, devised knowingly furnished the
means OF carrying il into effect others to per-
form IT, he shares their guilt. In treason there no
Acce9oarles
There has been, fear an erroneous impression on this
subject among portion OF our people. Ii II has been
thought safe 10 counsel and nsgae others TO acts OF
forcble cPpugnaton TO the provisions OF sa,ute-to in
fame the minds OF the ignorant by appeals passion and
denunciatons OF the law oppressive. UNJUST revolving
TO the conscience, and not binding the actions OF
men-o represent the constitution OF the land a com.
pact OF iniQuiiy, which menorious violate or
subvert-the mistake has been grievous one and they
who have fallen mic may rejoice peadvenure their
appeals and their couDses have been hitherto without
effect The supremacy OF the constitution, in all It's pro-
VISIONS, IL at the very basis OF existence nation
he whose conscience whose theories Of political or
individual right forbid him support and maintain i, in
its fullest integrity, may relieve himself from the duties
Of citizenship by divestng himself of lis rights But
while he remains within borders he is TO remember
that successfully to instgae treason 10 commit IT,
shall not be supposed 10 imply, in these remarks that
have doubt OF the law abiding character OF our people
No one can know them well without the most entire re-
lance their fidelity 10 the constitution Some of them
may differ from the TO the ngbtulness or the
wisdom OF this or the other provision that is found in
the federal compatibility may be divided in sentiment
10 the policy OF particular statute, OF some provision
in saute but it is their honest purpose 10 stand by the
engagements-all the eDgagements-wbich bind them to
their brethren OF the other States They have but one
country; they recognise law OF higher social legation
than its constitution and the laws made in pursuance of
IT. they recognise no higher appeal than to the tribunals
II ha. appointed; they cherish patriotism that looks
beyond the union Of The Sia.es
That there are men here, as elsewhere, whom mis-
guided Zeal ,mpes 10 a violation OF aw-that there are
others who are controlled by false fympalhes and some
VINO yield loo readily and too fully 10 sympathes not