Daily Nashville patriot. [volume] (Nashville, Tenn.) 1860-1862, 1861-07-21
Charge of Judge Catron.

l u. >. circuit COurt, 81. LOUIS, loth iust.-
| GENTLEMEN:-The oath just taken by you
indicates with sufficient clearness the spirit
of judicial impartiality, patience and indie
pendence by which your deliberations should
be governed. 1t is your duty to discover
and bring to trial all who have been guilty
of offeGses under the United States statutes
committed within this State, and to protect
the innocent from unfOunded or malicious
accusations. Popular clamor, unjust suspi-
cion partisan favor or malice, personal pre-
iudice, illegal views of rights and duties-in
| short, "all fear, favor or affection" must be
| carefully excluded-not suffered for mo-
meut TO enter the jury-room or intrude upon
| your counsels. You should find or ignore
| indictments solely as the law and evidence
may demand, and without respect to person.
There is one crime of great magnitude in
its effects upon society, the power to punish
tor which is so liable to abuse, that the Con-
stitution has carefully 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 to repress and punish it, is essential
| TO every government, whatever its form of
civil and political organization. But as an
abuse of that power may be destructive of
| liberty, it is essential that ii should be so
/ determinate in its character that no excite
| ment, passion or popular rage, can pervert
IL W cu0s Vi ioStiOh VI AChSy
Properly considered, it is power of self
protection lodged in the Government to en-
able it to preserve its legitimate functions
against all lawless violence or force, directed
to their subVersion or overthrow. Legiti-
mately used, il can never be an instrument
of ambition. malice or faction; nor can it
strip citizen or community OF any privilege
guaranteed by the fundamental laws of the
land. 1t ought not to absorb or overthrow
rights declared inviolable; nor remain DOR
mant when those rights, as involved In the
existence of the Government, are threatened
with overthrow by the subVersion OF the gov
| eminent itself.
Ii would serve to confuse rather than as
sist you If an elaborate analysis were given
of the nice distinctions upon which the clas-
sihcation of the different treasons, under diff
ferent circumstances, may depend. 1t Will
suffice to state that the crime is committed
whenever war against the United States by
those owing allegiance thereto, Ia raised.
created made or carried on; or when, during
a 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 combination, 10 military array, for
chilly to prevent oppose generally. the exc
cution of a provision either of the United
States Constitution, or United States stat
ute; or forcibly to subvert the United States
Government or any department thereof; or
by force to procure the repeal or alteration
of the Constitution or laws; if such combi-
nation be accompanied or followed by an act
of forcible opposition in pursuance OF the
treasonable design" The offense is not to
De Judged alone by the number assembled,
or even by the hostile appearance of the as
semblage; there must be conspiracy to re-
sist by force and an actual resistance by
force of arms, or intimidation by numbers
The conspiracy and the Instruction connect
ed with it must be to effect something of
public nature concerning the United States
to overthrow the Government or some de-
partment thereof, or ''to nullify and totally
hinder the execution of some U. S. law or the
q. S. Constitution" or some part thereof, or
to compel its abrogation, repeal, modification
or change, by resort to violence. Inasmuch
as the Constitution provides peaceable and
regular mode whereby it or the U. ,. laws
NAV be amended, there can be no other
rightful mode of effecting that end known
either to the Constitution or the law.
AS it is both the right and duty of every
citizen to become fully informed upon all
governmental affairs SO as TO discharge his
many political obligations intelligently at
the ballot-box, and in her legitimate ways,
and the freedom of the press and of speech are
guaranteed to him for shat well as other
essential purposes; and the right of the
people peaceably to assemble and petition for
the redress of grievances, and to keep and
bear arms, cannot be lawfully abridged or
infriuged, it is evident that an assemblage
for the mere purpose OF procuring peaceable
redress of supposed grievances, cannot be
treasonable; nor can free and full discus
sion of the acts OF public men or public
measures, whether such discussion be in pri-
vate conversations, public meetings or the
press; nor can military gathering, when
assembled for no purpose or design of inter-
fering, by force or intimidation, with the
lawful functions of the government or of its
constituted authorities, or of preventing the
execution of any law, or of extorting its al
teration or repeal, or of overthrowing the
lawful supremacy of the United States in any
State or Territory. Hence a conspiracy to
be reasonable must be for public or general,
and not mere private object; it must cen
template force in the pursuit OF its ends; it
must, in order to ripen into treason, be ac-
companied or followed by some warlike act,
such as the assembling of men in military
array, and in the posture of war, or in a for
chile and threatening attitude, for the furth
erance of the REASONABLE design.
ITO constitute an actual levy of war there
must be an assembly of persons met for
reasonable purpose, and some overt act done,
or some attempt made by them, with force,
to execute, or towards executing that pur-
pose. There must be present intention to
proceed in the execution of the reasonable
purpose by force. The assembly must now
be in q condition to use it, if necessary, or to
aid, or TO accomplish their reasonable design.
If the assembly is arrayed in a military man
ner for the express purpose of overawing or
intimidating the public, and to attempt to
carry into effect the reasonable design, that
will of itself amount to levy of war, al
though no actual blow has been struck or
engagement has taken place."
However hagitious may be the crime of
conspiracy to subvert by force the Govern
ment OF our country, such conspiracy is not
treason To conspire to levy war; and actu-
alp to levy war, are distinct offenses.''
1.-The trapeling of individuals to the place of
rendezvous would, perhaps, not be sufficient.
This would be an eqnivocal act and has no
varlike appearance. The meeting of parti.
cular bodies of men and their maretiny from
places of partial to place Of general rem
devious, would be an overt act"
A secret meeting, although that meeting
be one of conspirapors, and although it met
with reasonable intent, Is not an actual
levying Of war.
The distinctions thus drawn may be more
briefly stated in these words A reasonable
design uRaccompanied or not followed by
reasonable acf, is not treason. A conspiracy
to levy war is not an actual levying OF war.
The assembling of men, or an assemblage not
in military array or in an attitude of wal, will
not be an overt act. The assemblage must
be q warlike acknowledgements be in sufa-
Gent force 10 have the appearance or posture
Of war, or must have resorted to forcible OPP
position, or must have marched In bodies or
detacbnents towards some place of rendez-
vous, or done some other open visible act Of
war. before the overt act has been committed.