New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-10-24
The Law OF Treason.


| To fhe Editors OF tie " Y Trrbvn,:
At periods when the public mind is undu-
| ly excited by acts Of violence and crime, a ten
denoy always exists to change by construction the
| grades Of ofienses, so that those who are more
Immediately the objects Of public Indignation,
shall receive 4 higher degree of punishment
| than the law prescrbes for the offenses they
| have actually committed OF this dangerous
| tendency the constructions which at different
| periods have been put on the British Statute Of
the 18th Edward III, defining Treason, furnish
| numerous and terrible examples. as well In
| England as IN Ireland, which few among US
would desire TO have regarded by the Courts Of
| the United States authorities to govern their
decisions, or lights TO guide the understanding OF
urles.
"To prevent the possibility" said Chief Justice
Marshall. " OF those calamlties which result from
the extension OF treason to ofenses Of minor import
ance, that great fundamental law which dehnes and
limits the various departments Of our Government,
has given rule on this subject both to the Legsla
ture and Courts OF America, which neither can be
permitted to transcend
Treason against the United States shall consist
only in leVyIng war against them in adherlng 10
their enemies, giving them aid and comfort"
ITO constitute that specific crime, ,rar must h fc-
fually iel1ed against the United States '-BGllTGn'S
case, Cranch.
posed to constructive expositions and implied
powers, we must look for It's meaning 10 the
plain, obvious sense in which the words used in
the definition would naturally be understood by
the American people in whose name At was de-
clare9. and on whom 1t was designed to operate.
The plain. manifest meaning OF the words
Glowing war against the United States" is forcl-
bic opposition to the power of the Government with
intent to subdue and overthrow II.
Judge Chase, IN his charge 10 the petitJu IN the
of Fines, instructed them that - any insured.
or rising OF any body OF people within the United
States TO attain effect by force or Uoieqce any OBJ
iec, ofa public and general or national concern, is
levying OF war against the United States within the
conten platlon and construction OF the Constitution
On this general position, he continues, tne Court
are Of opinion that any sNct instruction or rising,
to resist to prevent by force or viol'ne the exc
cuton OF any statute OF the United states for stying
Collecting tGrsS, duties imports or ercseS; or Tor
ralI forth the militia 10 execute the laws o. the
Union, or for any other object Of general nature or
national concern, is a legylng oi war against the
United States. within the contemplation and con-
struciion of the Constitution" But he expressly
informed the jury that 1.-THE Court were OF opinion
that the assembling bodies Of men, armed and ar
rayed IN a warlike manner for purposes Only OF
rirafe nature was not Treason although the Judges
or other peace officers should be insulted resisted,
even great CutTages committed TO the persons OF
property of our citizens 8" When the intention Is
immersed general, As TO effect some obecf OF gen
erai public nature 1t viii be Treason :" but 1.-The
commission OF any number Of feicRss riots, or other
mSdemeanors, cannot alter their nature so as 70
make them amount to Treason" See the charge as
set forth by Judge Chase IN his answer to the I'M
peactment
The object of the insurgents with whom Fries
was connectee was 10 oppose ana prevent Oy
means OF intimidation and violence the execution
OF the law of the United States 10 pr0rlde for the raj
unton Of lands. dueiling houses &c." or 1.-THE law
to lay and collect dv6cf tar within the United
States" so IN the case Of Mitchell, which is cited
by Judge Kane in his charge to the Grand Jury, the
object of the insurgents was the suppression by
force of the ercSe officers of the United States, and
the prevention of the execution OF the erase act.
" 1t was" says Judge Patterson IN his charge, OF
general mature and OF national concern Dallas 3D.
The case of the rioters at Chrstlana, though high
" criminal, was evidently of different character.
Ii was the forcible resistance of the execution OF
statute of the United States IN mere matter of PR
rate concern to prevent the recovery by the owner,
as propeTtv Of fugitive slave II was an ohense OF
the same character as It would have been, If the
object had been TO obstrct or prevent the service OF
any other process Of pirate nature, as for example
the levyng OF an execution in favor of one individual
on the goods of another. That is high misdemea-
nor and is severely punished as such by me 22i ana
23d sections of the Crimes act, passed IN l7vO toee
Laws of the u. s. III The forcibie rescue, or
ATTEMPT to rescue fugitive from service or TABOR,
from the custody of the claimant or other person
lawfully assisting the forcible prevention OF ms
arrest are cases specially provided for III the I'm
section of the Fugitive Slave Act OF looO, when
subjects the offenders TO exemplary punishment oy
fine and imprisonmentas for high mlsdeneanor:
For that crime the guilty are liable To be indicted
and tried In the courts OF the United States.
For the murder with which they are charged they
are amenabe only to the trbun ais OF the state TO
regard them as traitors whose object was TO wage
war against the United States, seems preposterouS
and absurd