Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1861-04-23

Report % select oommlttce.
10 WHOM WAS ~RzFERRxD 3 .. 80. ALI 70
FuNIsH TREAsoN.
The select committee OF one TO which was
] referred 5. B. No. 2li-being an actto de6ne
and punish treason against the State Of Ohio,
baas leave % present the following report:
IL considering this bill tEo questions
must be discussed
Il it e~o1sdtudonalf
Does The pubic welfare require ~
tbs dras question REQUIRES an examination
ofthe bill IS itsiands related % tue COnstitu-
lion Of Ohio, and 70 the Constitution and
lava Of the Federal Government
The right ola State 70 punish treason has
been Questioned, on the Fround-l. That Il
Is q crims against sovereignty; and the
soTerSiRnty Of 3 sssie 8 teo luited to make
resistance AGAINST il treason. 2, That resis-
uure 10 tie eovsrDment 81 q State would
really be treason against The United States.
Walkers American Law, P. l5e, and Am.
LaE. Mag p 3ls4
But that a State may define andpunish the
crime Of treason against itselt, Il svident for
the following reasons;
I. Il Is clearly Implied IN the Constitution
Of the Uuiied States art. 4, sec. 2)-"A
persOa charged in any State, with treason,
felony, or other crime who shall Zee from
Justice and be found In another State, shall,
on demand Of the executive authority Of the
State iron which be fed, be delivered up,
70 be removed 70 the stats having iurisdie-
ton Of the crime"
2. Il Is likewise clearly implied In the
Constitution Of Ohio il Art 3, sec. H.
"He (the GoYernorj studl have power, alter
conviction, TO grant repreVes, commissions
and pardonS for all crimes and offences
exeeptr treason. = . Upon conviction
for treason, he may suspend the execution Of
The sentence and report the case to the
General Assembly, at is next meeting, when
the General Assembly shall either pardon,
commute the seulanee, direct It's execution,
or grant a further r~epriege."
3. Our later elementary writers on criminal
law, assert ID. Wharton, IN his Criminal
Law, page 800, I'd edition, says: Treason
is undoubtedly q common law ohense IN each
Staie-aside from constitutional and statutory
p-roVisiOns-and is recognized as having n
substantive and independent existence. In
that clause Of the Federal Constitution which
provides that g. person, accused Of treason,
IN any State, shall dee from justice, andshall
take refuge in another State, he may, on a
proper requisition, be delivered up BY tne
executive oi the State 10 which be has he6."
See also Kents Com, vol. !, p S42 note, and
fuckers Blackstone, vol = P, 81, Appendix.
(. Il was 80 decided by Chief Justice Dur
fee Of Rhode Island in the celebrated Dorr
trial. (PiiIban's Rep p. "a
5. TEenty.siK States Of the Union have at
this time laws on their statute-books defining
AMI Furnishing treason. Ohio herself had
such 3 law Tor nearly half q century.
We next inqui.e whether this Dill Is in
conflict with The COnstitHiionof the United
States. Itjoes not propose to execute the
federal law on the subject Of treason but II
does declare, that any citizen OF Ohio, who
shall give aid and comfort to the enemies OF
the United States, or betray 70 them the pro
perty Of the United States shall be dseP1ed
guilty Of crime against the State OF Ohio.
The obi etion urged 10 this provision IS,
that il proposes 70 punish al act which Is II
crime against the United States, and pro-
perIy falls within tbs federal jurisdiction.
Before the formation ofthe Federal Con-
stitution, all sovereignty VA lodged in the
States and, By the tenth article Of that In
strument it Is expressly declared that all
powers not delegated % the United States by
The Constitutions, nor prohibited by it to the
States, and reserved 70 the States respectively,
or to the people"
Let us tueu INQUIRE whether the Constitu-
ton gives to Congress the eSetastVF iurisdio-
ton Of the crime oftreasOn. In the FedsTa-
list 30. 81, the following doctrine is laid
down, which has frequently been quoted and
approved by the courts that exclusive jurs-
diction is vested in the Federal Government
in three cases only-vi1:
l. Where the Constitution, In express
terms, granted an exclusive authority TO the
Union.
2. Where It granted, in one instance, an
authority to the Union, and in another pro-
hibited the States from exercising the like
authority. - 3ttHl
3. Where IL granted an authority to the
Union to which q similar authority in the
States would be absolutely aud totally eou-
Trajectory and r%epugnsnt.
In the case Of PnRg vs.. the Commonwealth
| Of Penasylvania-l6 Peters, p. l54-it was
held by the court that q mere grant OF pow
| era in affirmative terms 70 Congress, does
not per a. transfer 70 II an exclusive jurisdie
] ton. Then follows, in the same connection,
an Affirmation ofthe doctrine shove quoted
from the Federsiisr and The following illus
uad1n Of IL quoted BY Justice Daniel iron
Story, Ia Houston vs. AooreSs Wheaton,
| 4s. An example Of the FIRST class is 70 be
found in the exclusive legislation delegated
TO Congress over places purchased by the
consent Of the legislature Of q State
for fJrts erssnalh dock yards, &c; of the
second clasS the prohibition Of State 70 coin
money, emit bills of credit; OF the third cls 5,
the power TO establish an uniform rule Of
naturalization, and the delegation Of adj
miralty and maritime jurisdiction, in which
Observation-Disclosures would be~iucompatibls
In al other cases not falling within the elas-
ses already mentioned, Il seems ~unquestion.
able that the States retain concurrent author
ity with Congress not only under th'
eleventh amendment Of the Con fhtntiOn, bn
UPON the soundest principles Of genera
reasoning. There is this reserve however
that Ia eases of concurrent authority, when
the laws Of the States and of the Union, ar
In direct and manifest collision on the sam
subject those Of the Union being the 5
preme law Of the lsnl, are Of paramount
authority, and the State laws 30 far, and 5
iar only, as such ineompatibiity exists, mus
necessarily yield.
HSueh," says Justice Story, "are ID
general principles BY which my judgment
guidediR every Investigation OF Constitution
al points"
Art. III, Sec. ;, of the Consultation Of Ii
United States, says; "The Congress shR
have power 70 declare the punishment
treason. This is no declaration Of exclr
sive authority. The grant is made in II
SANE terms as other grants Of power to Cor
gress enumerated IN the eighth section Of al
, tiele second. Several Of those powers hav
long been adjudged b the courts a. cOncul
rent. The power 70 levy and collect take
IS expressly granted to Congress, but no on
: ever supposed It 70 be ~eze5asipslg vested /