Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1861-04-18
Speech Of Hon. B EasoD, Of Wayne County. Il
the Senate, April II, 1881, upon Senate Bill
No. 21l--To Punish Treason.

Mr.. PRESIDENT desire 70 say lew Worosl
giving my reasons to the Senate why shall op
pose this bill.
The bill provides for the punishment of trea-
son when committed against the United States
by person residing In this State
Treason, the highest crime that can be com.
mitted against the Government, Is clearly de.
fined 10 the Constitution
CART. III. SEC. 3. Treason against the
United States shall consist only In levying war
against them, or in sdhering to their enemies,
giving them aid and comfort"
Treason, then. against the United States, &C.
cording to this high authority, Is breach Of
allegiance on the part Of a person owing 1t to
the Government, and may be committed in va.
riouswaya. For instance;
Where large public riotous assembly Of citi
zens of the United States, with premeditstion,
band themselves together, and prevent, by force
and violence, the execution Of law Of the
United States, or by force deprive any class of
citizens of the protection afforded by law, such
persons are guilty of treason in levying war
against the United States.
And where person owing allegiance to the
Government delivers up prisoners and deserters,
or either, in time of war, to the enemies of the
country, he gives aid to the enemy, and in the
act is guilty Of treason.
And where person owing allegiance to the
Government furnishes provisions to an enemy,
in time of war, the act is giving aid and COM
fort, and is treason sgains. the United States.
Also, where an officer, civil or military, hav-
ing charge OF United States property, surrenders
and delivers the same over to notorious enemies
of the country, In time of war, without justi-
fable reason, such officer is guilty of treason.
This is the highest crime known in the Uni.
ted States.
The trainers of the Constitution were care
full to define it in that instrument, and make
the criminal guilty Of its commission punish.
able under the laws of Congress- alone. The
first clause of Sec. 2, Art ILL.,, Of the Constitu.
ton, reads:
"The judicial power shall extend to all cases'
in law and equity, arising under this Constitu.
tiOn. The laws Of the United States, and treat
les made, or which shall be made, under their
authority"
The latter clause of the Sd Sec. Of the same
article reads:
"The Congress shall have power to declare
the punishment of treason, but no attsinder of
treason shall work corruption Of blood, or for
feiture, except during the life of the person at
tainted" .s. ..-....
Under this constitutional authority, no State
has right to try case Of treasonagainst the
United States, that being crime arising un.
der a law of the United States, and Congress
having full power to declare its punishment.
High judicial authorities in the Omitted States
seem clearly to confirm the doctrine that no
State court can take cognizance Of the crime
of treason against the United States. By ref
erence to page 442, vol. l., Kent, it will be
found that
every criminal prosecution must charge the
offence to have been committed against the SOW
ereign whose courts sit in judgment upon the
offender, and whose executive may pardon"
Also, on the same page, sec note:
"If the same crime amounted to treason
against the United States, the exclusive oogni-
zance of the crime belonged to the courts Of
the United States" .
And further:
"But levying war against one State is levy
ing Of war against all In their Federal capacity,
and is a crime belonging exclusively to the Fed
eral Government a-,
This was the doctrine Of the Supreme Court
of the State Of New York, In the case Of " The
People vs. Lynch" II Johnson, 549, to which
the author Of the bill referred In his report to
the Senate, when this bill was taken from the
table.
On reference to the last named authority, the
Court say, that one of the grounds relied upon
for the discharge Of the prisoners is. " that the
State Courts have no Jurisdiction Of treason
against the United States" And, in delivering
their opinion in the case, say:
"We would barely observe, however, that we
think the Jurisdiction of the State Courts does
not extend to the offence Of treason against the
United States" gtd... .f.-i..
And the Court, In closing the opinion, say:
"The act establishing the Judicial Courts of
the United States gives to the Circuit Courts
(of the U. s cognizance, exclusive fthe courts
of the several States, of all crimes and offences
cognlzablo under the authority of the United
States, except where the laws of the United
States shall otherwise direct. 4 .l
"In whatever point of view, therefore, the
case is considered, we are satisfied that the
present indictment cannot be supported. The
prisoners must, accordingly, be discharged"
Also. Chief Justice Story, vol. 8; page ITS,
Sec. 1895, says:
"The power Of Furnishing the crime Of treason
against the United States is exclusive In Con.
gress; and the trial of the offence belongs ex.
clusively to the tribunal appointed by them. A
State cannot take cognizance, or punish the Of
fence; whatever II may do In relation to the Of
fence Of treason, committed exclusively against
itself, IL indeed any case can, under the Consti-
tuition, exist, which IN not at the same time trea.
son against the United States"
During the Administration Of President
Washington, Congress passed crimes act,
whichwas approved and placed upon the stat
ute books Of the United States, April 80, l790.
The first section of this statute provides
that .1 ,.s,a