The national era. [volume] (Washington [D.C.]) 1847-1860, 1851-10-09

this offence are all sufficient to maintain the
authority of the Government and the cause Of
order. Let us hear Blackstone on this point
Though the subject of King, his doctrine is
peryaded by a spirit more liberal than that
which breathes in this charge of an American
Judge
"The third species of treason is if man do
levy war against our lord the King in his realm.
And this may be done by taking arms not only
to dethrone the King, but under pretence TO re-
form religion or the laws, or to remove evil
counsellers or other grievances, whetherreal or
pretended. To resist the Kings forces
by defending castle against them rs a levying
war and 30 is an instruction with an avowed
design TO pull down all enclosures, all brothels
and the like; the universally of the design
making it a rebellion against the State, an
usurpatiOn 81 tAe-pasgers Pf Government and
y ,fisolent invasion of the Kings authority
But tumult to pull down particular house
or lay open particular enclosure, amounts at
most to riot this being no general defiance
Of public Government"
Mark: the assumption throughout this def
milton is, that there must be a taking up Of
drms by numbers and that their assault must
be directed, with generalization, with view to
the S,tbUersion Of the Government or ats tdtcS.
The object must be generaI-the violence must
amount to "a general defiance Of public author
ity" Resistance TO a law in particular case,
a tumult with a view, not to nulify the law
generally, but defeat it in particular cases, {" at
most amounts to riot" Judge Blackstone
gives prominence to these exceptions, anxious
to guard against the extension of the crime of
treason. Judge Kane admits incidentally the
same principle, but seems indisposed to impress
it upon the minds of the jurors.
II speak, of course " he says of a conspiracy
to resist law, not the more limited purpose to
violate it or prevent its application and enforce
ment in particular case as against particu-
lar individual. The combination must be d.
rected against the law itself"
Instead of stating this vital principle incident
ally as if it were of minor importance, it ought
to have accompanied the definition of treason,
and been SO enforced on the minds of jurors, as
to guard them against the doctrine of eonSruc-
tire treason.
We ssed hasd!y say .h2: .ss ctr;s.ier. o.,t
break is embraced WITHIN this admission. al
though we do not expect the grand jury with
such general instructions before them, will so
consider it, Not shred of proof has been Of
fered to prove that there is or has been any
combination in that neighborhood to Levy War
against the United States lin other words, to
resist by concerted violence and force of arms
the execution of the laws or this Fugitive Law,
as a general thing All the reports we have
go to show that the resistance was sudden con-
fined to the single case of the four runaways
who were sought to be reclaimed, and was not
the result of combination against the law
itself
We close this long article. The subject is
one of vast Importance, and rises far above the
excitements and common questions of the day.
If Judge Kanes doctrines in regard to Treason
be sustained, the wisdom and providence of our
Fathers who sought to protect their children
against bloody minded Faction and irresponsible
Power, are all set at nought In consenting to
constructions intended to secure the vindictve
punishment of small class of men obnoxious
to the Slave Power, they will establish prece-
dents, to be used by whatever Party or Faction
may triumph in this country for the oppression
and overthrow of whatever citizens may oppose
its usurpations of power. We call upon the
Press of the country, not yet enslayed by a
blind Conservatism, to lift its voice against
these dangerous doctrines of Treason, borrowed
from the decisions of the worst judges in the
worst times of the English Monarchy.