The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-01-07

mnent danger of armed collisions between the
forcesof the United States and the people Of the
seeding States, are raising commercial ques-
tons which have never been agitated during
the present generation. II is well known that
for some time past large orders have been
coming from the South for arms of every kind and
munitions of war AS general rule the Northern
recipients of these orders have executed them,
charging the usual commissions. In a few instances
however, the orders have been declined on grounds
of principle. The question has now been raised
whether, in the event Of civil war, Northern mer
chants shipping arms to the South might not be
charged with treason against the United Statess
The constitution (artice ill.,. section 81 states that
Treason against the United States shall consist
only in leyying war against them, or in adherng to
their enemies, giving them aid and comfort"
This section, as we learn from the commentators,
formed on the basis of the English statute (25
Edward ILL.,, cap. p, which has always been the
great law on the subject of treason in the kingdom
of Great Britain. That statute like the constitution
Of the United States, declares that "if man be
adherent to the King enemies in his realm, giving
them aid and comfort in the realm or elsewhere, he
commits high treason. Commenting on this clause,
Blackstone Commentaries. book w., 82) ex-
plains that ''selling arms" to the kings enemies
constitutes "giving them aid and comfort" With
regard to the term "enemies," Blackstone adds
"Most ipdisputably the same acts of adherence or
aid which, when applied to foreign enemies, will
constitute treason under this branch Of the sta
tute, will when afforded to our own fellow sub
jects in actual rebellion at home, amount to high
treason, under the description Of levying war
against the king" The same doctrine is laid down
in Foster PIG. 1t is to be hoped that the lamenta
bic dissensions which now exist between the
North and the South may be healed by some judi
cious compromise. But if this should not prove
the case, and actual civil war should ensue the
above extracts would seem to place Northern
shippers of arms to the South in an embarrassing
situation.
We have received copy of the annual report
of the Superintendent of the Banking Department,
transmitted to the Legislature now in session. 1t
commences with review of the revulsion in com
mercial affairs, which the Superintendent attributes
to political agitation. He says
The wisdom Of the banks in the city OF New York. in
combining their interests aud extending their accommo
dations cannot be questioned but the that pro-
duced the necessity their action cannot be explained
but by the force of a siuge panic-skfuily and
adj oy manufactured for political and speculative pur
poses and uses To what extent and how runous the re-
suits of this action may be- Is beyond human ken Yet
to capitalist the merchant aud the producing classes
Of this State, the less disastrous than
resulting either from war, pestilcnce or famine.
With regard to a remedy he says
The permanency of laws is secondary in its opera
ton to their vigorous and prompt enforcement, they
exist. The adaptation and employment Of capital to
existing laws is proverbal, even oppressive, an is
protection from comparative annihjation whilst a
failure TO execute them is fatal to its under all
cumstanccs. These periodical revusions may be
diton OF the form of government under which live
So it is serious difficulty and drawback pros.
perity and onward march nation The founders Of
government left single legacy to their
remedy for all difficulties that might arise, Of what
nature viz the prompt and vigorous enforcement
OF the constitution and the bad law enforced rs
better than a good uneKecuted. The admits OF
amendment and correction the other leaves the body
polite to certain death from hamilton. The
tainty ard capital and will accommodate itself its
exactons; the other is an uncertainty which utterly de
stroys and annihilates IL.
The total number Of banks, banking associations,
indi,ida Aanler. and clasinn and in ,nlyen hans