Council Bluffs bugle. [volume] (Council Bluffs, Iowa) 1860-1868, 1861-11-06
NO 70.



I from tAe Dsaaes& HasAl4.
IeaAaaEs 8F Uus. yCDGK LovK n
/ TNE 8lKx m TME EstTKi
| s1aa ssrATxs 81 nsa5& na S&sECE. ET ceo Hx' - As
/ Ms. Foaxnxx Ssb ssxxvIxzas DR. m,
1faaAkp JuRgs sEt haa net hiahersa hses
my practice - many 1 ron sss awaxs
TO deliver any particular charge to sh'
Graad Jufies iii fhis Ceuse. The GRIM.
igzaa l&wa Ehseh we hass been hefeso1ors
called upan 70 aamiaisaag, aoasissl Of i
great variety % very special provisians,
defining olFsasas agsinst the Postal md
Rsyeane sesvlcs oil the United States
Thass asas aFs of saah q natare that litale
or no light cosld be shed upon them by
ang sxpositioa whiah shs Court could of-
fer within The linaiss of charge 10 the
Grand Jary. But In the preseut unhappy
coaditioa oG eur country and of ssaa pab-
lie Saind, asam it Of iaspoTtasce sEzaa
avery citizen shoaId be made acquainted
With the aaMs whaaE ne 10 rsqaised 20
obsg szsa sappuFs hssaass iEnoE aEBss Os
shesa laws naay possibly be- ths zasans OF
iasoagiag kim and his fAzails ia irretYiss-
able misforsszaes. The crfmiasl legisaa.
tioa af the United States La hidden away
in books, scarcely accessible 70 sAe great
body of cur uitasegss; aad even whsre the
stat asas are opan ID inspeeaien tAeir trae
construction can Rarely without some ex-
position be pasens TO fhe eitixan.
lam pussnaded thers60re tbs whilst
aiding you uaatsrially In the performance
of the duties yoa are nsw absus 10 as
sumo, mAy by brief reference 10 these
asas of Congress which directly iavalve
the relations CT the individaal 20 tins Gev-
sramsnt give 70 the law abiding clsissn
useful adHnonision Of ths obligations
which Ehe lag dsvolxes upon hiaa. 4
The Constitution Of the United States
is the great fountain from which all the
streams Of our jurisprudence both civil
and criminal must necessarily flow.
Turning to article Sd, seGtion 3d, OF
thai instrument ws hnd the follawiag pgo-
visions: .. b.. .
'Treasan against the United States,
saaa consist only In Ievying war against
then OF in adhsgiag 20 thsiF eaesnfes CIV
ing them aid and comfort Ne pesson
shall be convicted of treason unless %
the testimony Of fwo witnesses, to some
overs sct, or On confession m opea
Court" ,-@...sss.. 4s.a
But the Constitution does not provide
for it's execution, II imposes no penalty
for the violation Of the provisions refer
red to. s-- E.. ..--
Hence at aa early day after saae organ
ixation Of the Government, Congress
passed an act defining the crime OF Trea-
son ia almost the very words Of the Con-
s&lsnkion and irapoaing the penalty sf
deaxh for the commission OF thai crime.
| refer to the act of 1890 which receiTed
the approval Of the Yenerated Father Of
hrs Country. b.. ~ d.
Treason andeS this aes caa only be
eoramittsd by > persoa owing allegiaace
to the United States, The act of treason
consists in levying war against the United
ssases, or i'm adhering to she enemies OF
the same. .-
. What is the meaning of ths phrase
Fslevyiag war" in this connection? The
literal sense Of these words 10 raising or
creating war; ssTo levy war;" says
BEackstone, sis to raise or begin ga" !"
Bus the words Ina question: are evidently
used in the act Of 1870 in far more
comprehensive sense than that of raising
or beginning war. They mean TO Fsise
or begin war and great deal more
They are nearly synonomOus With the
phFRsa, ssse carry Ga waE." hot only
shsrefsrs would any citizen s~ho should
leyy armies and commence war against
the United States be liable 10 the penalties
Of the act of 1880 but ANY one VINO should
after the inauguration Of war take up
arms aud assist In carrying IL on would
be equally liable. So any ons who though
distant from the scene cf actual hostlh-
ties shaald aid in carrying ca the war by
purchasing provisions. or arms or qmaR-
termastar's stores would be habIs to ia
dicsmet as sslevying war against the
United States" - Isl.
Bus the crime of treason may be com
nisted without taking up arEna--withoui
H1ustsxing arTHies-withous marching In
the ranks of the enemy,-in word with
| ont leysing Or carrying On war against tbs
United States. A person under allegi-
| aEce may be liable 20 Indictment for cad
hagiug TO the ememies Of the United States
and giving them cid and comfort" In
this case it is quiet obvious that some
| overt act of treason must be proved
Thus the furnishing of money to the en-
envy or giving him intelligence With ia
/ tent TO enable him more effectually to car.
/ ~ On bis own operations or shwars th,
measures Of the government wcald anaouni
/ to overt acts to sustain an indictment fol
treason, under the clause Of the statuts
uow in question a -.
| Here lot ne explain whas Is meant b.
the phrase F'overt aes, IS ID Ia used IL
the Constitution and ia the act Of 100
These words have history In the Law
| Of Englad aud the United States oide
than the American colonies themselves -
Their true import and wisdom will 40
pear by brief reference to thas history
il was NOT unusual in Eagland, NOR
than ave centuries ago, to vex and hayraSl
| the unfortunate sabjecs with prosecution
aog trsason founded upon the unwasy ns.
sersnss OF mere idle words. Thesa al
legged reasonable words were spokeI
I sometimes in anger and sudden passion
sometimes In the unreserved freedom o
I sociai intercourse often ID msers Jest no
4 unfreqaeasly in the ardog OF excited de
bate. Wprda thns spoken were morsoye
i TOO often haiseonceived, or mis- reported
Or half reported by the spies and inform
ers who infested the land ana soaghs b
Ic0nciliats she msn in power by iayinl
snares for THAR unwary fellow- sabisos
and Involving them In the meshes of sh
law.
Il In the course Of time the severity an,
iniussice ef such prosaeatisna, came 10 b
looked upon ~ insolerabls. Even In tim
rnda are the miads OF msa could no
brook the inaiction Of the awful penaltie
os death azd oonHacaifon for . crime o
30 deeper malignsey shan the mere ssser
anea nf sraaa0aahle wards. Hsuaa Oh
Paslismsns al Enxland passed the famoa