Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-07-21
Charge ofIudGe Catron.

The following are the substantial parts of the
charge of Judge CATRON delivered in the I. 5. Cir
cult Court st. Louis, 10th inst:
GENTLEMEN The oath just taken by you indi-
Gates with sufficient cearness the spirit OF judi nal
impartiality patience and independence by which
your deliberations should be governed; IL Is your
duty to discover and bring to trial all who have
been guilty of Oenses under the United States stat
ues committed within this State and to protect the
innocent from unfOunded or malicious accusations
Popular clamor unjust suspicion partisan favor or
malice personal prejudice, illegal views of rights
and duties-in short "all fear, favor or affection"
must be carefully excluded-not suffered for mo-
ment to enter the jury-rOom or intrude upon your
counses. You should find or ignore indictments
solely as the law and evidence may demand, ana
without respect to person.
There is one crime of great magnitude in its eff
fects upon society the power to punish for winch
is so liable to abuse that the Constitution has care
fully defined and limited it to two distinct species
1t involves the peace safety and happiness OF all,
but striking at the very foundation of public order:
The power repress and punish it, Is essential to
every government, whatever its form OF civil and
nolitical organization. But an abuse OF tnat
DoWer may be destructive OF liberty II Is essential
that II should be so determinate IN Its character
| that 10 excitement, passion popular rage, can
pervert it to ends of tyranny, faction or frenzy
Properly considered 1t is power OF self protectoh
Iedged in the Government to enable it to preserve
its legitimate functions against all lawless violence
|
Legitimatey used, it never be an instrument OF
ambition malice faction; nor can It strip cltl-
zen or community of any privilege guaranteed by the
fundamental laws of the land. 1t ought not to alb
sorb or overthrow rights declared inviolable, nor
remain dormant when those rights, as involved IN
the existence of the Government, are threatened
with overthrow by the subversion of the govern
ment itself.
1t would serve to confuse rather than assist you,
if an elaborate analysis given Of the nice dis
tnctiOns upon which the classification of the differ
ent treasons, under different circumstances, may
depend 1t will suffice to state that the crime Is
| committed whenever war against the United States
by those owing allegiance thereto is raised created
made or carried on ; or when, during war, they
adhere to the enemy, giving him aid and comfort.
The terms "levying war" embrace not merely
the act Of formal or declared war, but any comb
nation in military array forcbly to prevent or op
nose generally the execution of provision either
the United States Constitution a United States
statute or forcibly to subvert the United State
Government or any department thereof, or by force
to procure the repeal alteration OF the Consttu
ton or laws; if such combination be accompanied
or followed by an act of forcible opposition IN pur
suance of the reasonable design" The otfense /
| not to be judged alone by the number assembled o
even by the hostile appearance of the assemblage
there must be conspiracy to resist by force, an
an actual resistance by force of arms, intmldi
s ton by numbers The conspiracy and the insul
recton connected with it must be to effect somehn
r of a public nature concerning the United States-t
| overthrow the Government some departmel
thereof or O nuilify and totally hinder the eXecI
e ton OF some U. s. law the U. S. Constitution
;, or some part thereof or to compel its abrogatio
5 repeal modification, or change, by resort to vi
S lelce Inasmuch as the Constitution provides
r pesceable and regular mode whereby it or the
e s. laws may be amended, there can be no 9TH