M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1861-05-16

y. COhsplIlbS W ieNy war dSdlusI nld
country, but that however 1agitious
his conduct, as there was no open as.
semblage of an armed force to carry
out the reasonable purpose, it was not
levying war. And on this ground
he was acquitted. Buttoguard against
all mis- conception Of the views Of the
Court in the case, the Judge adds.
st is not the intention of the Court
to say that no individual can be gull.
ty Of this crime who has not appeared
in arms against his country. '0n the
contrary, il war be actually levied,
that is, if a body of men be actually
assembled for the purpose of effecting
by force a reasonable purpose, all
those who perform any part however
minute, or howeye remote
from the - scene of a action
and who are actually in the general
conspiracy, are to be considered as
traitors" In the same case it is laid
down as unquestioned law, that when
war is levied against the Govern.
ment with intent to overthrow it, "ths
.h0Idiago any@ The .GoUsramsat's
f0rts or ships, o. dttaeb'ng the same
or delivering them up TO rebels thrOh
treache,y, are direct acts Of leyying
war within the meaning of the law
And it is regarded as equally clear
that where a military force is embodi.
ed for reasonable purpose, # a COM
issary for purchases, knowing the OBJ
Iject, and leagueing himself with the
rebels, should purchase supplies or
provisions for their use, though he
never saw the army, would neVerthe-
less be guilty Of leyying war. And
SO, too, there can be no doubt that if
an individual, whether actually au-
thOrized or not, should open a recruit.
ing station for thelinlistment of sold.
iers, Or should actually enlist men for
service in the enemy's army, he wo'd
be guilty oflevyiug war, though he
never joined'the hostile force. These
are some OF the cases in which direct
treason may be committed, though
tie guilty party had never Joined the
enemy, or participated directly in any
Of the movements Of the rebel forces.
The enumeration might be greatly
extended, but the cases stated are
perhaps sufficient to1illustrate the
principle which applies, and to which
the attention of the Grand Jury has
been called.
Before passing from the considera.
ton Of the question what constitutes
a levying Of war, within the meaning
Of the Constitution and the act Of
Congress, it will be proper to notice
that the crime Of treason may be CON-
mitted by an organized and violent
resistment of the execution Of a law
ofthe United States. The law, in
this aspect OF the subject, is very
clearly and accurately stated by the
late Judge Kane, in a charge to the
Grand Jury. He remarks that "the
expression Levying a0Gr embraces not
merely the act Of formal or declared
war, but any combination forcibly 10
prevent or oppose the execution or
enforcement of a provision of the
Constitution, Or of a public statute, if
accompanied or followed by an act
Of forcble opposition in pursuance of
such combination;" and in the case Of
United States VS.. Fries, the Court
stated the law on this subject as fol-
lows. "lf q body Of men c0nspire and
mediate an insurrection to resist or
oppose any statute of the United
States by force they are only guilty
of high misdemeanor, but if they pro.
ceed to carry such intention into exc
cution by force, they are then guilty of
treason by levying war" sr .-r-
| will now briefly call the attention
OF the Grand Jury to the second part
OF the detnitson of treason, included
in the words adhering to the enemies
the United States, giving them aid
and comfort. The statute gives no
specification Of the acts which consti.
tute treason under this part Of the
dehnitiono Of that crime. Nor can we
avail ourselves of the aid of judicial
authorities, to any extent in the inves-
tigaiion of this subject / am not
aware that in any prosecutions for
treason in this country the words IN.
der consideration have received an
authoritative construction: And il
is the obvious dnty of a Court or
Judge, ir considering their import, to
guard against giving, them g-meanf
ing 80 comprehensive as to embrace
acts of doubtful or equivocal char!g
acter. The words ''adheriug their
enemies, giving them aid and com.
fort" leave 70, room to doubt that
treason may be committed BY other
means than Hlevying war. But it isl
not easy to state or classify the pre-. |
cise acts which, under this phrase