Weekly national intelligencer., 1851-02-01

by President ADAMS. He was so near being nung'
after either his first or second conviction, tnat tne
gallows was actually erected on the skirts OF 'he
city of PhiladeIpha for his execution.
In these cases the Court held {" that it body OF
!" people conspire and mediate an lnsurrecnon 70
resist or oppose the execution OF any statute OF
the United States by force, they are only guilty OF
:. high misdemeaior bat if they proceed to carry
:. such intention into execution by force, they are
..suiltv Of the treason of levying war, and the
:. ouanum Of the force employed neither lessons
:. nor increases the crime-whether by one hundred
:. or one thousand persons is wholly mmateriaa."
In the case of the United States Us. Bollman and
Swartwout, at a later period, the Supreme Court
intention of the Court to say that ne indiv-
dual can be guilty Of this crime [treason who
. has not appeared in arms against his country.
On the contrary, If war be actually levied-that
g is, If body Of men be actually assembled for
" the purpose of efecting by force a reasonable
" object-a those who perform any part, however
g minute, or however remote from the scene OF ac-
ton, and who ere actually leagued in the general
conspiracy, are to be considered as traitors"
ON the trial Of Aaron Burr, the Chief Justice
said: Those only who perform part, and whe
are leagued the conspiracy, are declared to De
traitors. To complete the definition, both cir
".Cumstances must occur. They must performs
.part' which will furnish the overt act, and they
".must be leagued in the,conspiracy."
The only actual attempt by State Govern
nent in its corporate capacity to resist the lawia
authority of the United States, Of which we have
any recollection, is that which we alluded to lately
as having occurred in Pennsylvania, and which
ended-as things are very apt to do which are under
taken with more zeal than knowledge-in total
failure We frecur to it now more particularly as
afording an illustration Of the principle denied by
South Carolaa, that any tumultuous assemblage OF
individuals with insents hostile to the constitu-
tonal authority Of the United States, is equally
amenable to the law, whether acting for themselves
or under the authority of State.
The case seferred to is that of a conflict of de-
cison between the Courts of the'United States and
the State Of Pennsylvania, lin what was known as
the Omstead case,) in which the Legislature ofthat
State undertook to interfere and asserting the right
OF Pennsylvania in the matter in dispute to autho-
rize the Governor to call out military forcee re-
sistt the decision of the Federal Court passing at the
same time resolutions asserting the right of State
interposton against the judicial authority of the
United States of very much the tenor as those
of the State of South Carolina in the pamy days Of
nulliicaton.*
The Judiciary of the United States was, of
course, not deferred by the action Of the State Legs
lature from the discharge Of its duty. The Marshal
A. Il, tba
Court. regiment Of Pennsylvania militia was
called out, under the command, if we remember right,
of Gen. BRIGHT, and stationed in front of the house
in Philadelphia in which the process Of the Federal
Court was to be served. Brave and determined,
doubtless, were the citizen soldiery who
sembled that day at the call Of their gallant COM
mander. Many were they who offered to devote
themselves to the cause and die in the last ditch.
Not more resolute and confident of victory were
the embattled Nullifers in certain Southern State
on the dread first of February, 1888. But alas for
the chiyalry Of the city Of Brothery Love! Whilst
the military force, with its colors flying and its
drums beating, were still stationed in front of the
house aforesaid the United States Marshal through
back door or window, entered the house and
served the process! This being done, the matter
terminated in farce, and was the cause of much
merriment The brows of the gallant soldiery
were not, indeed, bound with victorious wreaths,
but certainly their stern alarums were changed to
merry meetings" Tor greetings and their dreadful
marches to very different if not delightful
measures" There was probably some covert
understanding between the authorities that no blood
should be shed on the occasion Pennsylvania
was too patriotic to push her opposition to the ex-
tremity Of war. However that may be, this at
tempt at resistance Of the authority Of the United
States had all the air Of being laughed out Of
cou,,tenance.
May the next attempt Of the Government or the
People Of any State to overpower the Government
of the United States have no more disastrous
issue!
The Message Of the Governor of SOUTH CARo.
LIMA to the Legislature Of that State at the opening
of its late session, contained little else than denun-
Citations against the Federal Government and re-
commentator to prepare for war. So bold and
deliberate exhibition Of disoyalty 10 the Union,
we believe, never before occurred in our country
certainly not in any quarter entitled to respect of
any kind. 1t is not the first time that the same
State has exhibited herself in an attitude which
would be ludicrous if the consequences were not