New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-07-14
FROM MISSOURI.
LIGHT OUT OF DARKNESS.
AN UPRIGHT JUDGE AMONG REBELS,
Judge Catron's Charge in st. Louis.
TREASON REDUCED TO STRICT CONSTRUCTION.

ASt Louis on the 10th inst. the United States Cir
emit Court for The Districts OF lssouri opened at
10 O'Clock. The Grand Jury were then csitd. Els
worth Miller was sworn foreman aud Judge Catron
of the Supreme Bench, who presided, ordered the
clerk to read the following charge:
GEXTLEMES: The oath just ken by You indicn'es
with su tent cearness the sli it If judicial Impair
iality, pateuce, aud Independence, by which your o.
Oeraiops thOald lie governed Ii Is yonr ocy 10 o's
cover aud bring 10 tisl II who have been gully o.,
oijen es under tie UEed States statutes, committed
within this State and to a., te tie innocent from u
founoed or malicious accusation.
Popular cainor unjust eus ic"Ds, partisan favor or
mahc, Personal 'J dices Illegal views Of 'shts aud
dutirs-in short cali fear favor, or afec'"n, IDut
be careful " excludednot suffered FOR mon nt 10
enter the jury-roOtn or intrudc upon our eouseiS
You should Gnd ignore indictments s'ieiy as tLe
law AID evidence may demand, and without respect 10
persons.
You should hear oil evidence which can throw any
light upon an accusation. whether tepduf 70 snow lhe
isbocepte tr guilt of tie accnsed ~ ~ convinced
thereby OF the guilt Il the accused lind N oictheu'
oherWi ignore the bill. Mere ss ICONS, vague or
remote rrohabihiei, rumors, or ilesai testimony, If
not bas for action. lu other w0roe, you ehOulo De-
fore injecting any one he saished tnat on Tie came
testimony a. presented ia YOU lett jury ~oniu ilhI
"A y, rdict OF Guilty. The wi-e prhihiIon vi the Uhiied
States CONSTITUTION against holding any ole TO answer
for caIita or otherwise Infamous cine, ublers on
pie,eutneut il dicn eot OF prsDd Jury; wooid ne
pract ally dirrga ded-berone mere huilty-i IT.
ciroens VT re foutd TN improper or inSuIhclent EVIL
dence or wIbcut careful discidinaien and scrutiny.
or upon hasy incOnsideate view OF u 'acts a'o
Ger So on tie other hand TIE Constitution
an laws would be ian oten TOR pioe ton or tood, "
Offenders against whom sufficient Gaze Is es'aonSu.o
were not brought to tIiai. .......
Tie iuu,oietion OF this Court extends over the
VIII lie State and covers every ofene &c, Jared to he
such by any existing act Of Congress. ou have 10
c0onizlDce Of crimes Oi-uses at common law. but
IL f,f ceds upt
statutes. Ifthere If TO ao Of Congress upon SUBJECT
il il beyond your jurisdiction. ....
As Your foreman has 10 power TO administer oatbs,
ali witnesses before you viii be first swOfn 10 open
Court. "
Lfief reference TO scme OF the of'cnfes OF which
YOU have cogJ lance and enCoinct statement OF the
law concerning them msy aid your Investigations and
serve for your gnidauce.
"Tne Constitution aud laws Of the United States
are tie supreme law of q G land anything III the
Constitution laws Of any State 90 the contrary not
withstan diDg." Their supremacy is thus declared III
express terms: "Wbteysr conflicts herewith has uo
lucrative or obligatory force. Allegiance TO the
Unitea S,atss and loyalty 10 the United States CoiSi-
tuition and laws, are the paramount duty OF every
CT izcn. Within their legitimate sphere, they com
nsnd the obedience OF ALL and State Constitution or
statute can absove any one thereiroin.
There is QUE crime OF great magnitude In rs ELECTS
upon solirty, the power TO punish Tor Which lie So
Liable 20 abuse that the Constitution has carefully &C.
fined aud liu ited IT to distinct sfecer. AZ Involves
the very foundation Of puLc order. Thc POWER to re-
press and punish il, esseulia to every Government,
whatever it's foIm VI , aud political organization;
bnt abuse II that power may DO destructive OF
liberty il is entail that il should be discriminate
in its character tbst exemeut passion, or popular
rage ca, leryer ii 10 euds Of tyranny, faction, or
iIenzy; properly considered, IL If power OF seh pio-
teetiOn lodi Cd in the eut TO ENABLE IL To Iie-
eerS G ite L. Iiuafe functions sH:inst all iAWless VIC
epce or force directed 30 their subvesion or over
throw eeitinaitly used, il never Ice AT instrument
of amUHi H. mshce, orfncion, nor can 1t stiip ezea
or community OF any vege guaranteed by the ioDd-
auenisl laws If u land IL ought not to absorb or
overthrow rights declared Ia, ioiable nor remain DOR
naut wien those rights, involved in the e,isiene
of the Government are threatened With overthrow by
tue subversion OF the GoveIinebt rseif
The provisions Of the UUied States Constitution on
this subject, IA follows:
Treason sgbst Uuited States shall ooof only in levy
ing agaHsi u. IN sdh ris 90 their peir s's
sld aud comfort NO person shG t convicted Of Gessoo u
Iess I'd. testimony Of '"o wDoes to 'ho same overt s "
be Congs.s Ia "A have pow declare ,be panihreRt Of
trpa1un bot sasdor OF tram s work corFu pioh o
bo,d ioriUrc eaoeps doing tho 'rs Of tue ps'son a.
To those provisions the following is alao appbca.
bic: ii,
b. by jury AID uch M sbah be hello IN The ss,e "heie the
said ciinaes .hsi haze ben COMMITTED"
Pursuant 10 tie power u u granted Corgfees az On
early day passed the following act Which Ia SUI ~
force:
t miles, giving them s.d aud comort within the nted
State shall be thereof Convicted co9ie,io
open Court the testimony OF two Wires - to the tse
overt lc oihe he they ha ssud Indicted.
persoD psrsot shah soodgd guilty ofhessOn Against
the Uuiieo States. aud shall Sun' desill"
Tie terui allie glance" as used in this statute Is not
absolute but qualified II is rot solely del endent
upon or cop6oed to citizenship. Every erron resident
IL tho United States living under and enjoying tie
protection OF their laws. owes such qua if.o ale
gInce " the Government as 10 be cradle Thereto
for Any violation Of that statute.
Every Indictment must clhige one or more overt acts
committed within tins Sste aud tie TESTIMONY OF two
witnesses the overt act or confession IN OPEN
court, 10 essential 10 cOnyiclep. The very nature of
an overt sct rend, IL probable that more than one
witness be found wherever such an sct ills been
committed; aud hence justice 10 the Constitution AID
ID. laws to government and society," VT as TO tho
accused is better subserved by causing no one TO be put
upon I'll Al unless the Grand Jury arc satisfied, IRON
ample testimony before them, that covi lion Viii fol
low. Two witnesses TO tie ssme overt act NUT
always be produced or 20 indictment Can be fouId.
IL would serve to confuse rather than ateist you,
an elaborate ansi s8 we've given OF the lie dlsine-
tioDs upon which the classification Of the different fe-
sope, under different circumstances, may depend IL
will suffice 10 that the crime Is committed, hen
ever war against the ULiied States BY those ing
allegiance thereto Ia ti-ed, created made. or carried
oil; when, during war. they adhere ~ The enemy,
ri ing him aid and comfort. The terms Ieykiug
war embrace not merely the act Of formal or declared
war, but any combination, In military array, forcbly
TO or opose gehsroy, the execution VI pro-
vision either of The ULiied States Contitutiou Of
Unite States statute ioby to subveit the United
States Government or any department thereof or by
force 10 procure tue repeal or alIeaioe Of the Cosii
,ui ion or laws il such CONT inaiion be accompanied
followed by OF ioreitls opposition in pursuance
OF the tr-asOuable design Tue OF, nsc is not 10 be
Judged alone by the number assembled or even by the
hostile appearance Of the asssnblage There ni.t 10
conspiracy resist 10y force, aud actual resistance
by force of arms, or Intimidation by numbers. Tie
conspiracy aud the iasurrecion connected with it must
be to eject something Of public nature concerning
the United States-to overthrow tho Government"
some department thereof or TO nullfy aud totally