Grand River times. [volume] (Grand Haven, Mich.) 1851-18??, 1851-10-22

erto without effect. The supremacy of the con-
stituton in all IFS provisions, is at the very ba-
sis of our existence rs nation He whose con-
science, or whose theories of political or individ-
ual right forbid him to support and maintain it
in its fullest integrity, may relieve himself from
the duties of citizenship by divesting himself Of
its rights. But while he remains within our
borders, he is to remember, that successfully to
instigate treason is to commit it.
shall not be supposed to imply in these re-
Marks that have doubt of the laws abiding char
acter of our people. No one can know them
WELL without the most entire reliance on their
fidelity to the constitution. Some of them may
differ from the mass, as to the rghtfulness or
the wisdom of this or the other provision, that
is found in the federal compact-they may be
divided in sentiment as to the policy of partic-
ular statute, or of some provision in a statute;
but it is their honest purpose TO stand by the
engagements, all the engagements, which bind
them to their brethren of the other States.-
They have but one country; they recognize no
law of higher social obligation than the consti-
tuition and the laws made in pursuance of it; /;
they recognize no higher appeal than to the tri-
bunas it has appointed; they cherish no patri-
otism that looks beyond the union of the States.
That there are men here, as elsewhere, whom
a misguided zeal impels to violation of law
that there are others who are controlled by
false sympathies, and some who yield too read
lily and too fully TO sympathies not always false,
or if false yet pardonable, and become criminal
by yielding-that we have, not only in our lals
and almshouscs, but segregated here and there
in detached portions Of the State, ignorant men,
many of them without political rights, degraded
in social position, and instructive of revolt-all
this is true. 1t is proved by the daily records
of our police courts, and by the ineffective Ia
bors of those good men among us who seek to
detach want from temptation, passion from viO-
lence, and ignorance from crime. But it should
not be supposed that any of these represent the
sentiment of Pennsylvania, and it would be to
wrong our people sorely, to include them in the
same category of personal, social or political
moas.
1t is declared in the article of the constitution
which have already cited, that mo person
shall be convicted of treason unless on the tes-
timony of two witnesses to the overt act, or on
confession in open Court" This and the cor
responding language in the Act of Congress Of
the 30th of April, 1890, seem to refer to the
proofs on the trial, and not to the preliminary
hearing before the committing magistrate, or the
proceeding before the Grand Inquest. There
can be no conviction until after arraignment, or
bill be found. The previous action, in the
case is not trial, and cannot convict, whatev-
er be the evidence or the number of witnesses.
understand this to have been the opinion en-
tertained by Chief Justice Marshall, Burrs
Trial, l96; and though it differs from that ex-
pressed by Judge lredell, on the Indictment of
Fries Wharf. Am. st. Tr 4SO, feel author
lied to recommend it to you, as within the terms
Of the constitution, and involving no injustice
! TO the accused.
have only to add, that treason against the
United States may be committed by any one
resident or sojourning within its territory and
under the protection of its laws whether he be a
citizen or an alien. Fost G. l.. 1873, 81 Hale
SO, co. SO, Hawk ch. II, 5, Kel %.
Besides the crime Of treason, which | have
thus noticed, there are offences of minor grades
against the Constitution and the State, some or
other of which may be apparently established
by the evidence that will come before you.-
These are embraced in the Act of Congress, OF
the Both Sept, 1870, ch. 8, sect. %, on the sub
ject of obstruction or resisting the service Of lie.
gal process,-the Act Of the second of March,
1881, ch. SO, sect. 2, which secured the jurors
witnesses and officers Of our courts in the fear
less, free and impartial administration of ths;;
respective functions-and the Act of the 18th
Vi OSPtOhioCi, lOCO, Cii. w, WllCii ulOlS
particularly to the rescue or attempted rescue
of Il fugitive from labor. These Acts were made
the subject of charge to the Grand Jury oi
this court in November last, of which shall di.
rect copy to be laid before you: and do not
deem it necessary to repeat their provisions at
this time.
The offence of Treason is not triable in this
Court But, by an act of Congress passed or
the 9Th of August, 1916, ch SO, it is made law.
full for the Grand Jury, empanneled and sworn
in the District court, to take cognizance of al
indictments for crimes against the United States
within the jurisdiction of either of the Federal
Courts of the District. There being no Grand
Jury in attendance at this time in the Circuit
Court to pass upon the accusations have re-
ferred to in the first instance, it has fallen to
my lot to assume the responsible office of ex
pounding to you the law in regard to them.
have the satisfaction of knowing, that if the
views have expressed are in any respect erro
neous, they must undergo the revision of my
} learned brother of the Supreme Court who pre-
sides in this circuit, before they can operate tc
the serious prejudice of any one: and if they
are doubtful even, provision exists for their re-
examination in the highest tribunal of the coun
try.
WORTH kNowING.--A young lady of thi.
J city while in the country, some years ago, step