The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1859-11-23
IMPORTANT CHARGED
WILSON 10 the GRAND JURY.
Treason against the Government
Defined
Gsntlemen a "a Grmd JMrN:


the criminal laws Of the United States Under
our complex system OF State and national iuris
prudence, unrefecting men are sometimes mis-.
led as to the powers and jurisdiction belonging
respectively to the State and Federal authori.
ties. ct the powers belonging to the national
government and its functionaries, are clearly
defined by the Constitution Of the U. States
as we'll in matters Of legislation as in the exer.
else of judicial authority. They are as com
plete and effective in their practical operation
as are those ofthe State government, and pro-
perly understood, both work in perfect harmo-
n.y. the one with the other. Nevertheless there
are those who treat valid acts Of Congress as
void, and their subject matter rather as aues-
tions OF State policy than questions OF well de-
fined and well settled principles Of constitution
al law. And with zeal not always according
to knowledge, such men are persistent advo-
Gates for relaxing the administration of Justice
IN the trial and punishment for crimes against
the United States. To them, the doctrine OF
the paramount authorities Of the Constitution,
treaties and laws Of the United States is faleS
IN theory--dangerous in its real, practical ope-
ration, and subversive of State sovereigntv.-
10 them, the great national compact is fatally
detective as an organic law, for the want of a
distinct bill of rights, which should recognize
the right OF the people to the enjoyment of life,
liberty, property and the pursuit Of happiness
according to he, otoa indicidnal tastes and opin-
IONS, independent of and without reference to
the obligations restrictions and requirements oil
the supreme law OF the land 4' f.
| They seem to forget that the Constitution Of
the United States is a solemn compact Of unior
| by which the several States and the people
thereof respectively have bound themselves to
each other and to the Federal government
That the acceptance of the Constitution was
not only an act OF the body polite of each
State, but of the people thereof in their sover-
egn character and capacity. II at it is gov
ernment of law, established to secure peace,
prosperity and justice throughout the whole
nation. That it is emphatcally government
OF the people, its officers being their officers,
limited in the exercise of powers to those
granted by the people to the regularly constitu
ted functionaries of the general government.
Amid all this latitudinarian Interpretation oi
State and individual rights; amid all these
frequent expressions OF contempt Of Federal
laws, and the oboquy thrown upon those
whose sworn duty it is to execute them, am
constrained to say, that the exigency OF times
and the requirements of your oath, impose up
on vou the most solemn and the most faithful
obligations. q.
There are laws OF Congress, enacted in order
to make etlectual certain provisions of the
Constitution, which are doubtless sometimes
violated under the influence Of popular excite
ment, and without that reflection which their
serious consequences to individuals and to the
public, demand. Acts and conduct, which come
within the definition Of the highest crime known
to the law, it is feared, are perpetrated under
the specions pretext, that the right is inherent
and unalenable in the citizen, to overthrow
the Government, to subvert and trample upon
its laws, whenever the government or its laws
are distaste FIJI to portion of the people of the
country. This heresy unchecked rebel
lion unrestrained tends directly to the subver
sion of all law, and Of all order, and to the de-
struction of those sacred guarantees, under
which the people Of the United States have re-
posed with peace and confidence, prosperity
and happiness for three quarters of a century
Your attention is called to this subject, for
the reason, that in the opinion of many, the
recent disorderly conduct OF portion of the
people of the District and their alleged compli-
citv with violence elsewhere comes within the
definition of treason against the Government
Deeming it possible that your action may be in
voked on so grave charge, | have thought it
proper, and indeed, highly important that you
should be advised and fully understand what IS
and what,'s not treason against the Government
Of the United States. .. .,s. ',. -.....
The Sd Section Of the Sd Article Of the Con-
sttution declares, that treason against the
United States shall CONSIST only in levying war
against them, or in adhering to their enemies,
giving them aid and comfort" and further, that
Congress shall have power to declare the pun
ishment Of treason"
1t is accordingly provided in the 1st Section
Of the Act of 30th April. 1890, that, if any
person or persons owing allegiance to the u s.
Of America shall levy war against them, or
shall adhere to their enemies giving them aid
and comfort, within the United States or else
where and shall be thereof convicted, on con-
fession in open Court, or on the testimony OF
two witnesses to the same overt act of the trea-
son whereof he or they shall stand Indicted,
such person or persons shall be adiudged guilty
Of treason, and shall suffer death"
1t is not for us to speculote upon the exact
meaning Of the language here quoted from the
Constitution and the statute. The settled in.
terpretation is that the words levying ,scar, in
clude not only the act OF making war for the
purpose of entirely oyerturning the Govern
ment, but also any combination forcibly to op.
pose the execution of any public law of the U,
States if, accompanied or followed by an act Of
forcible opposition to such law in pursuance OF
such combination ~- '9
.. And Mr. Justice Curtis. has, with truth and
great consideration, given the three following
elements as essential to constitute the offence !:
|. A combination, or conspiracy, by which
different individuals are united in one common
purpose. Ns "'aht4'"' &7a rE'l'a" nF2l1oa9H
Fl 2. This purpose being to prevent the execu-
ton Of some public law OF the United States by
force.
8. The actual use Of force, by such comb
nation, to prevent the execution OF that law.
. The learned Judge of the first Circuit has
illustrated the truth Of these propositions with
his usual force and clearness, and some of these
Illustrations may be repeated here with profit
on account OF the pure and authori tative source
from which they come. i ,IaW tsk OIL tH..l
u He says " 1T is not enough, that the purpose
Of the combination is to oppose the execution Of
law Il, some particular case, and in that only
II person against whom process has issued
from Court Of the United States, should as.
semble and arm his friends forcibly to prevent
an arrest, or to effect rescue after such arrest
was made, and in pursuance Of such design re-
sistance should be made, or a rescue effected, by
thoSe tnuS aSSeInUieu, tney Wou.u DC guilty OF
a very high crime, but it would not be treason,
il their combination had reference solely to that
case. But il process Of arrest issue undera law
| Of the United States, and individuals assemble
forcibly to prevent an arrest or to effect an es-
cape Of one held under such process, pursuant
to design to prevent any person from being ar
rested or held under that laao, and with such in
tent, force is used by them for that purpose,
they ars guilty Of treason. The law does not
distinguish between purpose to prevent the
execution of one, or several, or all laws. Such
distinction would be found imprscticable if
attempted. II this crime could not be commit
ted by forcibly resisting one law, how many
L. th,,c roc;cInd 10, rnnniii,tLn no