Weekly national intelligencer., 1851-10-04
THE LAW OF TREASON.

In view OF the determination expressed by the
United States District Attorney in Philadelphia to
Ray bills OF indictment before the Grand Inquest
against the persons committed by the magistrate
for treason, in being concerned in the late ourages
at Christiana, Judge KANE, of the United States
District Court, has delivered charge defining the
law of treason at great length. We find it fully re-
ported in the Philadelphia papers, as follows:
GESTIEMEs OF THE GRAsD JURY 1t has been represent
ed to that since circumstances have occurred
10 OF the neghborDg counties district which should
call for your prompt scrutiny and perhaps for the energetic
action Of the Court.
said that citizen Of the State of Maryland who had
come into Pennsylvania to reclaim fugitive labor was
orciby obsruced In the attempt by body Of armed men,
assaulted, beaen and murdered that members Of his
amIy who had accompanied him in the pursuit. at the
same time and by the party maeated and grievousy
wounded and that an officer Of JUSTICE constituted under
the authority Of this Court who sought arrest the fugitive
impeded and repeled by menacss and violence while
procaimDg his character and exhibiting his warrant Il
said, that the time and of these ouages their
asserted object the denuncaons by which they were pre-
cedd and the simultaneous action of most Of the guilty par
ties evuced combined purpose forcby to resist and make
nugatoy constitutional provision and the statutes enacted
that for months back gatherings Of people, strangers as
well citizens, have been held from time to time in the vi
cniy OF the place Of the recent outbreak which exhorta
ons were made and pledges nechanged hold the for
the recovery OF fugitive slaves Of validity aud defy
its execution. @4
Such Of the representations that have been made
n my hearing, and in regard which il has become your
duty, the Grand Inquest of the district make legal
qury. Personally know nothing of the facts the evi
dence relating to hem As member of the court, before
which the accused hereafter be aagned and
tined have sought 70 keep my mind altogether free from
judicial knowledge of the circumstance which deter
mine the legal character of the offence that has been perpe
ated 1t is due 10 the great interest of public JUSTICE less
than to the parties in criminal charge, that their
shall be in nowise and in degree preudged And
In referring therefore, to the representations which have
been made me- have other object than point you to
the for my addressing you this advanced period Of
our session, and to enable you apply with facility
and certainty the principles and rules of law which shall
proceed to lay before you
If the circumstances which have adverted have in fact
taken place. they involve the highest crime known our
laws Treason against the United States is defined by the
Constitution Cart g. g. c consist in levying
against them, in adherDg their enemies giving
aid and comfort" This definition borrowed from the
cient law Of England Sat rs Edo stat s. chap 2 and
lis terms be understood Of in the which
they bore in that law and which obtained here when the
constitution adopted The expression "levyipg war;
regarded embraces merely the act of formal declared
war; but any combination forcby prevent oppose the
execution enforcement Of aprovon of The constitution
public statute, if accompanied followed by sct Of orci
bic opposition in pursuance Of such combination This, 10
substance has been the Interpretation given 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 HaUkns and the opinions Of IredeI
Patterson, Chase Marshall, and Washington j. j., Of the
Supreme Court, and of Peters, D. j. in u s U.s. Vgol U.
s. u.s. MITCHELL U. S. Us. Fries, U. S. Us, Bolinan and
SDarttcout, and q. S. u.s. Burr.)
The definition you will observe, includes two particu
h,tko &c ,f
There have been combination coppng together
oppose the law by orce and actual force must have
been exerted, the crime Of treason is contaminated
The highest or at least the Direct ppo OF the combining
may be found 10 the declared purposes d the individual party
before the actual outbreak may derived from the pro-
ceedngs of meetings. which be o part openly which
he either prompted made effective by his counenance
sanction, commencing, counseng and nstigaing focble
resistance to the law. speak q of conspring TO
resist law, not the medPuIp to violate it,
prevent its application and enforcement in particular
or against particular individual The combination must
be directed against the law isdf
But such direct proof Of this element OF the offence not
legally necessary establish its existence The of
purpose may be deduced from the concerted action ITSELF
may I've inferred from fact occurring at the time or after
wards as well as before.
Besides this there must be act Of violence, the
result consequence he combining But here again
necessary Pyore that the individual accused
direct personal actor in the violence. If he present d.
rectDg, aiding abeting, counseing, counenancng it.
ne IN OF Inc IOfclple even per-
sona presence Indispensable Though he be absent at the
time Of its actual perpeaon yet he directed the act de-
vsed, knowingly furnished the means for carrying into
effect nstigated others perform it, be shares their guilt 10
treason there accessories
There has been, fear erroneous impression this
subject among portion Of people, If has been thought
safe to counsel and nsgae others acts Of orcbe oppug
nation to the provisions Of statute name the minds Of
the ignorant by appeals passion, and denuncaons of
law oppressive unjust, revolving to the conscience, and
not binding the actions Of represent the Constu
ton Of the land compact OF nquty, which it were me-
toous to violate subve-he mistake has been grevous
and they who fallen into may rejoice perad
venture their appeals and their counsels have been hitherto
without eff The supremacy of the Constitution, in all its
provisions, is the very basis OF existence nation.
He whose conscience whose theories of political ind
vdua right forbid him support and maintain 10 its fullest
integrity, may relieve himself from the duties of citizenship
by divestng himself lis rights. But while he remains with
in borders he remember that successfully to nsgate
treason 10 to commit it.
shall not be supposed to imply in these remsrks that
have doubts of the abiding character of people No
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 ghuness the wisdom of this
the other provision that found in the federal compact they
may be divided in sentiment the policy of particular
statute or of some provision in statute but s their hon
purpose osand by the engagements all the engagements
which bind them their brethren Of the other States They
have but couny they recognise law of higher social
obligation its Constitution, and the laws made in pur
of it, they recognise higher appeal than to the r
bunss has appointed they cherish patriotism that looks
beyond the union Of the States
That there here, elsewhere whom misguided
zeal mpes violations Of lawtha there others who
controlled by false sympahes and who yield too
Oily and fully to sympathes not always FALSE if false