New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-09-24
JvDGE KAHe mn Tnr TRRhSoa cAsg.

Am A number Of stfctHfss have la.ciy becn pgiS
t.l.d h., The nrrspapers On The sabicet ~ the crls
and arbitrary impdsoamsnt Of hf williamson, ~
a.. sl,vc narned individual and q few have ako 70
6.rred 10 s charge 70 tho Grand Jury IN TIC famous
Cbdsiirnn Treason casc. MY otJec, IN "rtng Is 20
esuo~e IN conduct in hat CAGE. have fead 'e'efh
nroles censuriDg that charge but tie ptincipai oo
cotton, viz. tie CRIMINAL pes version by omission I"
the language Of the Cons,ituiJn OF the United STATES
an the ubiect Of treason by tina, individual hN never
-o fnr a. my reading goes been exposed by the Pres,
or should not now, in my -0th year with severe
ncryou. affection in my hand and fingers, endesvof to
expose II by writing this article
Having been summoned rs uror in the Chrsuana
cas-. above alluded TO- it became necessary 20 make
myse acquainted with the subject OF treason IN order
10 enable me 10 perform my duty IN the case As
nror conscientously Justly and according 10 law ana
the Constitution therefore took particular notice OF
what occurred or transpi'ed between the time when
first the Gaze assumed the Of treason IN October
and the reriod when the trial was to take place IN
November. The frs. thing examined was the Con
st;tutior itself and then | naturally referred to the
year 1874. when The 20 called Whisky Instruction
took psce-I having been drafted q militisman to
assis. in sppressing the rebellion but not being OF age,
tie aid of nv own memory ard searching the history
Of that time ascertained that in 1892 Congress laid
a tsx or excise on stills in order TO cradle our
Young nation to pay the debts contracted during the
revolutionary war. This tax on distilled spirits was
resisted by force of arms in the western counties oil
penrsvlvania-the rebellion reached as far east as
Radford The rebel force was an organized one OF
sbout GOO or 1000 men, with arms in their hands,
Of tbo uhis beaten,
spd feathered and otherw Sc irsultod and the nsur'
repts in several cases also bbed the mails. Wash
iroion. Who was President issued several Procams-
tiols in 1898 and 1921, explaining the affair to the
irsurgent. an6 offering pardons to them on condition
that they would lay down their arms-but withou,
effect Finally, he called $4,000 militia to sup
nress this organized rebel army and succeeded effect
ually. Several of the leading men were tried They
we're tried LIST count for treason ID count for rubbing
the mail NJ impression is that all were acquitted OF
treason but several were found guilty of rObbing the
mail. The penalty in either Gaze was death. The
President pardoned them ALL
There was another organized instruction in 79S, in
Northampton County, Pa. regiment was organized
BY person named Fries prevent the collection OF
what thew called window tax" He was arrested
and tried for treason before Judge Chase, some OF
nv Jud,e Kane. Fries was found gritty OF treason,
and was pardoned by President Adams Judge chase
WA sfterward inpeached before the Senate oil the
United States for his conduct in this trial. but party
question being mace of the matter, twchrds dia not
vote guilty" and so be escaped.
Having reflected on the foregoing, became fully
and clearly convinced that the Chrstana not or per-
haps more properly voluntary mansaush'er, couid
not be Construed into treason. What thirty or iorty
ragged colored men resisting their capture INTO oia-
very, and in that struggle killing the reckless slave
hunter-that treason against the United States uod
be praised that this great country, with popuiaton
Of twenty five millions OF people, did withstand the
shock -
will now quote the Sd section Of the I'd article OF
the Cons tuition of the United States
Treason against the United states shall consist only IN eSy
Ing war against them sdhedng 70 their giving
the aid snd comfort NO per.2n 'nal % % " t %
or n confession in open Couft oil.
On reading quoting the first clause OF TINS section
in mis- charge the Grand jury, Judge Kane omitted
the word only" examined the reports OF his charge
in number of newspapers at the time and in all the
word "only " was omitted; and as he never made
sny correction, thing have good reason to accuse
him of uafuPy emitting it. II Will be conceded that
if be knowingly and wilfully omitted that word 1t
must have been because be knew the value and I'M
po.tance of it in the place where it il found. He
10 doubt was aware that If he quoted the word
So only" in that connection, he could not reasonably
read to the Jury the musty English CAGES in trials
which took place centuries ago, when one faction
succeeced another in rapid succession, and every
new king or parliament) construed the laws
80 that be could cOnfscate the property OF
Bis opponents. There are some singuler cases
Of constructive treason % in those times on
record, two OF which will give briefly TO show why
our good cautious forefahers put that very important
word "only" where il now stands. A certain inn
keeper hung out for his sign painted crown. AT one
tine he observed in a joke, " will make my son
james heir of the crown"-meaning OF his tavern
stand lie was wealthy and his property worth con-
fscatrg; so lie was indicted and found guilty OF trea-
son and hung In another case, the King had been
hunting and killed gontensns fayorite pet deer.
The owner said he wished that the deers horns were
n the belly OF the person who advised the King TO Kill
il. He wes indicted for treason and no person had
advised the King the gentleman was construed to mean
the King md wac hung and his immense property
oontscated accordingly.
To guard and the people OF the United States
from such monstrous and ridiculous construction, or
from any constructions at all by ejudicisry the word
only was pu where il now stands in the Constita-
ton. bv our fathers VINO framed that instrument
They thereby say that construction shall b. put
upon that article bat the et,r Tire plain, literal rcad-
in. of tie article shall guide both Judge and Jury
Hence unless persons organize an army O." oppose the
Goycrnm,n Mt of the Unitrd Stats with force OF arms
q, clare actual war sgains, them, or all and comfort
hotc who wage actual war against thcn 1t shall not
he eonsidcltd or construed into treason neither 10y
Judge No, by jury. twill bo perceived that the AZ.