The Richmond palladium. [volume] (Richmond, Ind.) 1855-1875, 1859-12-22
wh.,Sonstirutes treason.

what Constitutes treason.
Ii viii be remembered that all but Cook
of the Harper's Ferry instruction. that
were caught and tried by the Courts OF Fir.
einia. were convicted Of treason, as well as
other crimes 1t has been questioned vile
Tier the charges and convictions Tor treason
against the State in these cases, were well
taken. 1t seems from the following. which
we copv from The Cincinnati Gazette OF the
22d OF November, that the United States
distinct Judge for tie northern district Of
Ohio, thinks very differently from the Nir-
einia Court in that respect.
Judge Wilson united States Dist. ] .dge)
was called upon to charge the grand jury, III
regard TO the recent Convention at Cieve-
land. and also in regard TO persons implicat-
ed in the Harper's Ferry affair
In relation To the first case, he says:
"The use OF force being essential ele
rncnt OF the offence, the crime OF treason
against the Government is not complete with
out it. Whatever might have been the other
distinguishing characteristics OF that conVo-
cation, the persons composing 1t dad not rem
der themselves obnoxious TO the first section
Of the act Of April. 1890 unless there was
a combination nv which different individuals
were united in the common purpose OF pre-
venting by force, tie execution OF law 81
the General Government; and further, that
there was the use of actual force by sEch
combination TO prevent the execution OF tha1
law.
"Wben AN assemblage of persons, called
+..rt =, If do llr "a
National Government It's laws and Its pub
nc functionares, contents itself by simply
passing resolutions Of disiaNor. or by the per
tormance of any other act equally harmless,
such proceedings involve nothing more than
mere matters OF taste and opinion, IN relation
to which all good citizens have perfect
right 10 differ aud TO express their opinions.
Such proceedings certainly do not constitute
treason against the Government"
Judge Wil.on here describes tie act OF
treason correctly. which must be IN oPen act
OF force; and is ms far as possible from meet
ings held TO denounce the Government He
continues:
..In entertaining against citizen Of Ohio,
so grave n charge that of treason against
TIE Government, the grand jury should exer-
else the utmost caution and deFberation. 1t
is the highest CRIME known TO the law, and
no citizen can be convicted Of it. unless on
confession IN open Court, or on the testimony
Of two with esses to the same overt act OF
reason, whereof lie shall stand indicted. But
while this great dclberation and caution
should be exercised in your action. you should
at the same time be faithful and firm in the
discharge OF those duties which the law i'm
poses on the grand jury, in a matter so vital
10 tie very existence OF the Republic.
In regard to the Harper's Ferry affair, the
Judge says, and we hope all who believe in
State treason. will listen:
ali the recent criminal violence which
was perpetrated in that direction. Oh -iaated
was produced By band of conspirators
whose purpose 1t was 70 overturn the Gov
ernmeut of the L uitei States, then. doubt
less, all who were in league for its accom-
phshment, are guilty of treason. 1t matters
not whether those engaged in the enterprise
were few many; nor Is It material so la
as the CRIME itself is concerned, IN what por
ton Of the Union any of the number
thus engaged committed an overt act inyolv
ing the turpitude of tins crime. Nhereso
ever the overt was done there the offence
was committed. and there the offender is
aulenable 10 the law before the Federal tri
bunal~. whose jurisdiction in such cases is
exclusive
This would be treason against the United
States but suppose it is TO overturn State
laws and institutions. does he say this is ,rea
sonl He has fair opportunity TO do So
Let US hear:
bat if the enterprise had for its sole OBJ
ject the subversion of the : ate Government:
and a consequent breach Q! the laws of Nil
gioia or Mary land, BY means OF servile in
surreetion or otherwise, then. even ii the plum
dernr of the National Armory was resorteo
to by the conspirators for the accomplishment
of their object, the oifense does not, never
theless come within the definition of trea
son against the Uni,ed States; but it is
State crime, and the offenders are only an
swerable before the Judicial tribunals OF those
States whose laws and municipal regulation.
they have brokvn.'
liz is State crime answerable before ths
Courts Of a State, whose municipal laws are
broken This is entirely correct But til,
Judge does not call il treason. and he vii
not. His whole opinion cited sbove,show
clearly that he has no faith in such a thing
but confines treason 10 the jurisdiction onl
of the United Stntcs. In fact, As we state,
Al first. no court of competent jurisdiction
has admitted $50 far as we can discovery til,
idea of State treason; and il is plainly incon
sistent with the Constitution. Il is one o
the various fungy which have grown up un
der the undefued idea OF Safe Rights
Tv1