The national Republican., 1861-01-17
THE LAW OF TREASON.

The law of treason is clearly laid down in
the following extract from the recent charge to
a grand jury in New York, of Judge Smalley,
of the United States District Court:
at is unnecessary at this time to enter into
an elaborate dsquisiion of the law of treason.
The Constitution of the United States clearly
defines in what it consists. The third section
of the third article provides, that treason
against the United States shall consist only in
levying war against them, or in adhering to
their enemies, giving them aid and comfort
Again, the same section provides that the
Congress shall have power to declare the pun
| ishment of treason
"ln pursuance of the power thus conferred,
! Congress passed an act, which was approved
April 80, 1890, which provides, in section one,
that if any perlon or persons, owing allegiance
to the United States Of America, shall levy war
against them, or shall adhere to their enemies,
giving them aid and comfort within the United
States or elsewhere, and shall be thereof con-
victed, on confession in open court or on the
testimony Of two witnesses to the same overt
act of treason, whereof he or they shall stand
indicted, such person or persons shall be ad.
judged guilty of treason against the United
States, and shall suffer death
90 Sec. 2. That if any person or persons,
of the treasons aforesaid, shall conceal, and
not as soon as may be, disclose and make
known the same to the President of the Uni
ted States, or some one Of the judges thereof,
or the President or Governor of particular
State, or some one of the judges or justices
thereof, such person or persons, on conviction,
shall be adj Judged guilty Of misprisi0n ofreason,
and shall be imprisoned not exceeding seven
years, and fined not exceeding one thousand
dollars
1t is well known that war-civil war-ex.
lists in portions of the Union.
"That persons owing allegiance to the United
States have confederated together, and with
arms, by force and intimidation, have prevent
ed the execution of the constitutional acts Of
Congress, have forcibly seized upon and hold
a custom-house and post Office, forts, arsenals,
vessels, and other property belonging to the
United States, and have actually fired upon
vessels bearing the United States flag and car
rying United States troops.
"This is a usurpation of the authority of the
Federal Government; it is high treason by levy
ing war. Either one Of those acts will const
tute treason. There can be no doubt OF it.
"The fact that any or all engaged in the com.
mission OF these outrageous acts, acted under
the pretended authority of the Legislature or
Convention of the people of any State, of the
officers appointed thereby, or acting hereunder,
does not change or affect the criminal character
of the act.
mo man or body of men can throw off their
allegiance to their Government in that way
Nor can any State, or the people of any State,
acting in any capacity whatever, absolve any
person therefrom.
" If any such power is assumed it is without
right, and Ge deluded individual who acts
| md ., Al oc 4
liable to be punished therefor.
"What overt acts then, constitute treason
A mere conspiracy to subvert by force the Gov.
ernment, however ilagitious the crime may be
is not treason. To conspre to levy war, and
actually levying war, are distinct offences.
IF body of people conspire and mediate
an insurrecton to resist or oppose the laws o.
the United States by force they are only guilt,
of high misdemeanor; but if they proceed
to carry such intention into execution by force
they are guilty of treason by levying war.
sin the language of Chief Justice Marshall
1t is not the intention of the courts to say tina
no individual can be guilty of this crime, who
has not appeared in arms against his country.
go On the contrary, if war be actually levied
that is, if body of men be actually assembled
for the purpose of ettecting, by force, a treason
able purpose-all those who perform any part
however minute, or however remote from tht
scene of action, and who are actually eaguet
in the general conspiracy, are to be considered
as traitors
r GAS the court has already told you the com
bination and assemblage of body of men will
J the design Of seizing and the actual seizng O
the forts and other public property in and nea
Charleston, South Carolina, and in some othe
States, is a levying of war against the United
States.
Consequently, any and every person wit
engages therein is, by the law, regarded a
} levying war against the United States and al
acho adhere to them are to be regarded as enc
mics and all a0ho gice them aid and comic i,
.So"M Carolina, or New York; or any othe
portion of the United States, or elsewhere
come within the express provisions of the frs
section Of the act Of 3Oth of April, 1890, an,
are guilty of treason.