Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1860-12-22
What Cousfifures Treason asaIss Il
urIrrs State.

NAI NAlA - - "AAAAa~AAa AZ AAAaA - =
aite q prominent topic Of conversation, snt
,snile every one has q general notion Of u,
SINE few, perhaps, possess very clear, Wei
se6ned idsas Of what i comprised in iataH
under the term Il may not thsrsforA b
amiss to give tie snbieota moments coHHids-
traton- Treason Is thus defined in the %
Section Of the Sd Article Of the Constitution
-sTreason against the United States shall
{ only in lsvying WaE against them, OF
ing 70 their enemies, giving them aid
-d'eomfert.n Tie 6rst question that arises
the mind is this. What is comprised un-
{ the term aleyyying vAr9' for eyidsatly
..lsre lies the gist Of The matter. Have We
any means Of determining PRECISELY is
msaningl The q0estion has been drsady
decided iOaicially. IN the celebrated trial
IF the notorious Aaron Burr the entire mat
terWas brought before the United States Court
and decided We give briefly the substance
Of that decision.
The term alevying war has the same sense
Constitution which il was understood
ave in the statute Of Edward III Of Eng
I'd, from which Il vas derived, viz: That
assemblAge Of men designing a sreasOnA-
purpose, such Is war against The Govern
8 At or revolutionizing eng Of its territories
nd in condition 70 make such war, consti-
ntes a alsvying Of war
9 70 "levy var, troops must be ernbodied-
amust be openly raissdi but neither arms
the actual application Of The force 70 the
.,airst are indispensibly requisite To march
lio arms, with a force arayed, committing
acts Of violence In order 70 compel the rosig-
aaion Of public officer, and thereby 20 rem
inefective.aR act Of Congress, is Treason.
When war is levied, all who perform
art however minute, or remote, from the
..eene Of action, being leagued IN the general
conspiracy, commit treason A recruiting
officer, though he never saw the army, is stin
guilty in execntng bis Office.
If any one commanG, adYiss, or procure an
'ert act OF Treason, I also, Is guilty as &C
.,ssory.
By special act of April 30, 1890, If any
ersOn having knowledge Of the commission
,gf any act Of treason shall conceal, and not,
IS soon IS may be, disclose the same to the
PRESIDENT or 70 some Judge or Governor, such
Derson shall be deemed guilty Of misp7isoH Of
irsdsoa, and is liable % seven years imprison-
ient and a ine Of one thousand dollars,
Thus we readily and clearly perceive what
uld be regarded as treason against the
Rerument Of the United States; and is It
equally clear to any sane mind, that the
azens Of South Carolina are guilty of this
ghssf Of crimes Have they not assembled
ge.her for treasona6le pugP05es-have they
dot embodied troops-hNye they not armed
ihem-the better to succeed in their ayoWed
~snose Of destroying the integrity Of this
-nment2
power 70 punish treason against the
q States, has been delegated By the in
aal States to the General Government
however, retaining jurisdiction over
on committed against themselves. Let
consider for G moment the manner in
-.fch The laws Of the United States are exc
Cd, those against treason forming no
aicular exception to the general method.
4ll tie laws are administered BY the Judges,
q executed by the proper officers Of the
litsd States District OF Supreme Courts
3 Courts have authority to conpel Obedi-
ssaIHu AlElI uG-Lll6 laLlA ~ ala4 AllHI NA1L
L,ers, in the same manner as have the
.s.ffs and deputies of our State Courts
tess ars the ordinary methods, and, 50 long
they are sufficient, are alone called into
auisition. But suppose that such resistance
JfTered to the execution of the laws, as to
Ader ordinary means inghect1al what
arse is TO be pursued By acts passed in
50 and 1907 the Pre1dent is empowered 70
ii into rsquisiti1u such part ofthe land and
avail force land Of The militia, if need be-
a the. purpose Of causing the laws to be ex-
Ted, as be NAV deem necessary, when
n the laws OF the United States shall be
7s-bpossd. or the execution thereof obstrncted
n any State, by combinations too powerful
70 Be- suppressed by The ordinary course Of
'judicial proceedings or By the power vested
q fhs narhslsp
There are only two purposes for Ehieh
the Executive can call upon the military,
and employ force Of srms-the one given
above, aud for the defence Of the public
property. he is constitutionally prohibited
from employment Of force Tor any other
ends.
An unforseen difficulty has arisen in the
sease Of South Carolina. The District Judge,
Attorney aud Marshal have al resigned. Il
ordinary times Others might be appointed,
but 50 all-pervading is the reasonable feel
ing Of secession IN that Stste at this time,
that men cannot be bound there willing 70
accept Of these Offices. This Is truly an
alarming condition Of affairs, and is worthy
If consideration We have. and can have,
10 courts 70 issue processes, nor any Mar
sais 10 execute them. how, then, can the
H. - - 80 NIr.rnf
rolina .,-..s ID
rro0ps can only be called into requisitio1
AsEaiioaally, to aid the Courts and Mar
ls-and there are no such officers there.
send an army there 70 conquer and sub
a sovereign State, and make war upon
would be aagrant and tyranieai aci q
potism, and an un nFarrantable usuTpation
authority on the part Of the President,
b would mRuguraie new system Sc t0tal
fianoe with our ideas Of genuine RepEbli-
ism. Still treason mus not 60 on nm
aished, and the laws against Il must be
1rced Secession and disnniol Ht Be
shed ont How shall it be done in le-
constitutional manner, and the equality
5he States be preserved? Il Is eGsier by
. ask such a question than % answer it.
~ ink the deficiency is in The Judiciary
artu,ant, snd that if proper remedy can
found, ye must search there for il. IN
:. the Pnssent arrangement the District
,urts of the United States have exclusive
..4iuaI jurisdiction Of treason, the Supreme
n, t having qPpeIats jurisdiction, Hence,
~, be 20 District Court in sny State,
: -. nmeuf Is unable to eniores The laws
80, -, son IN that State as is now the
Carolina
The a resi.1st, ,S--+ m Of Judge Magrath, andathe
,aoS.;s l.,!s- III obtaining 8 successor, rem
II q jill ,- = M fleet, and those degener-
~ ' le nv - ne y PsInet % State, who are plot
'0ns ~. y ~ destruction Of this beautiful e.
i Of our glorious Union, ~ lsis .'lnship.
: ;-'.t;os y IN consumais tneir perhdious ana
gnSolv designs, and 10 aHdsE1alns ans over, eve,
s,,-o,c the noblest inheritance ever begueathea
tomanfiud,