Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1861-08-08
For the Ccaian and Telegraph.
What Constitutes Treason.

inconsi,lerate men and youths, give aid and
encouragement to this unholy work, it may
be profitable for those engaged in open and
secret hostility to the government, to under
stand something of the responsibilities they
are ncurring, and the dangers to which they
may be subjected.
50 much freedom both OF opinion and ac>
ton, have the United States always enjoyed,
under our mild and benifccnt constitution
20 great has been the license and acrimony,
with which party men have acclaimed against
their opponents, AMI denounced the mel
sures and policy Of those in power, that many
cow suppose that under cur form Of govern
ment there is no such thing as treason or
no punishment prescribed therefor.
THIS Is delusiun, which some even in our
midst, may find it to their interest to have
eispe!led.
Now that rebellion has attained such huge
proportions, and the government, in self
defence, has begun "to show its teeth, it
may oe well for the sympathizers with re-
belion to know, that even in this free coun-
try, treason has its definition, as well US its
punishment
We propose to SHOW, in this article, what
treason is, and what acts bring party within
tue definition Of the same.
The constitution defines treason against
the United States in the following words:
Treason against tho United States, shall
consist only in levyng war against them, or
10 adhcling to their enemies, giving them
aid and comfort" /. then provides that mo
person shall be convicted Of treason unless
on the testimony OF two witnesses to the
same overt act, Or on confession in open
court"
The word "only" is used in the consttu-
zion, for the purpose Of limiting treason
against the United States to the two classes
Of cases therein specified, viz: levying war
against the United States, or in adhering to
their enemies, giving them aid and comfort
This definition Of treason, in the CUnstitii-
ton, was il tended to work a change from
treason in England, from which country the
whole groundwork of our jurisprudence was
brought. Ia England there existed tive diff
ferent species Of treason, two Of which re-
lated to the person and family Of the King,
and third to the high officers Of State.
The two other species of treason are ex-
actly the same as those defined in our con-
s,itution +; the King in England stand in the
place Of the government of the United
States. These two species of treason are
thus defined
eff man do levy war against our lord
the King in his realm" IF man be ad.
herent to the Kings enemies in his realm,
giving to them aid and comfort in the realm,
or clsew here"
it will he seen by comparing the defini-
tons of treason in England, with that in Our !
Constitution that they are the same. III
England as in the United States, each ol |
these species Of treason, mus. be proved by
some over. act.
The adjudications, therefore, In England,
defining tie acts which constitute treason
are Of authority in the Courts of the United
States, especially such as were made before
our revolution.
Chief Justice Blackstone in the fourth
volume Of his Commentaries, page 80, in |
speaking of one Of these species Of treason |
says: This mist likewise be proved by |
some overt act, as by giring them intelligence
sending them professionally selling them
arms-hy treacherously su,renderins for
tress, ar the like The same learned author
then tells US, that by the term ''onemies,"
10 the definition of treason, ARE here under
stood the subjects Of foreign powers, with
whom we are at open war;"
And then as if to meet the identical case,
which hiss now occurred in this country, and
which we lave reason to believe is now daily
occurring all through this State and even in
oar midst, he adds:
"And most indisputahly, the same acts of
adherence or mid, which, when applied to
foreign enemies, will constitute treason under
this branch Of the statute, will, when afforded
to our own lellow-suhiects in actual rebellion
nj home, amount to high treason under the
description of levy ing war against the King I
So that it is clearly settled by judicial de.
,ision. that srndins Intelligence to citizens in
rebellion against their government is equally
reason, as il sent to foreign enemy.
II is the same. II the intelligence ia sent
housh 1t is intercepted and never reach its
destination. See Dr. Hensey's case, I Bur-
oEgh's reports, $50.
And in the Gaze of VIM. Stone, tried in
79s. it was lead that sending paper to tie
nemy. though it was afterwards intercepted,
ontaiping advice not to Invade England, il
cot with the intention Of assisting their
ouncils in their conduct and In the prosecu.
ON Of the war. was high treason. 8 TEN. ,
sports 527. +
How much stronger would be case. in 4
hich information was cent advising al n-
Asion by the enemies OF rebels. and with a
sw to the slaughter or capture of soldiers
the actual service Of tho government, for
. purpose Of putting down rebels in srma.
II viii be well for fiie bearers OF intsIli- v
nce 10 the rebels. 70 b en- their guard. b
Recauss tas e,renusns hes ssen Isuisnt. q