M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1861-05-16


poets. do this not merely to aid
the jury in their inquiries, but also
that true and loyal citizens may not
ignorantly and upintentionally expose
themselves to the penalties Of the
statute.i u .I's .i ON wa
No one, who has ever read the
Constitution Of the United States,
can doubt that it was the intention Of
the trainers to create a National Gov.
ernment, which should act upon every
citizen Of every State, and to which
the allegiance of every citizen was
due. This Constitution, and the laws
passed IN pursuance thereof, are de-
clared to be the supreme law of the
nation. Against the Government
thus created, its founders contempla-
ted that the crime of treason might be
committed. In the third section oI
article 3, of the Constitution, this
crime Is defined in these words:
"Treason against the UEited States
shall consist only in leuviug war
against them, Or in adhearing to their
enemies giving them aid and com.
fort" Il Thenrfollows a clause declar-
ing that "no person shall be convicted
of treason unless on the testimony Of
two witnesses to the same overt act,
ron confession in open court.". And
the express power is conferred on
Congress to pass laws for the punish,
ment oftreason. In pursuance Of this
power, the first law on the subject,
which is still in force, was approved
the Both OF April, 1790.' The first
section oil this law provides, "That il
any person or persons, owing allegi,
ance to the United States, shall levy
war against them, or shall adhere to
their enemies giving them aid and
comfort. within the United States or
elsewhere, and shall be thereof con.
victeG on confession in apen Court,
or on tie testimony of two witnesses
to the same overt act of treason, where
of he or they shall stand indicted,
such person or persons shall be ad
judged guilty of treason against the
United States, and shall suffer death" ("
That all the provisions OF the statute
on this subject may be presented at
one view, will here refer to the sec
ond section, defining and Furnishing
1.-THE minor ofense ofmisprison oftrea-
son, and which is in these words: "If
any person. or persons having knowl-
edge of the commission Of aryo the
treasons aforesaid, shall conceal, and
not as soon as may be, disclose and
make known the same, to the Presi-
dent of the United States, or some one
of the Judges thereof, or to the Presi-
dent or Governor ola particular State,
or some one of the Judges Or Justices
thereof, such person or persons, on
conviction thereof, shall be judged
guilty of misprison of treason, and
shall be imprisoned not exceeding
seven years and fined not exceeding
one thousand dollars"
The crime of treason, as defined in
the Constitution and the first section
of the Act of 1900, consists, first; in
.levying war against the Ueited States;
second, in adhearing to their enemies,
giving them aid and comfort. AS the
statute does not attempt to specify the
cases which constitute treas'n under any
of these divisions, it is necessarily the
province and duty Of the Courts of
the Union to decide what facts shall
bring party within the penalty Of
the statute. 1t is evidence of the true
allegience which the people of the
United States have borne to their
Constitution that from the first organ.
ization OF the Government until re-
Gently the acts of criminal disloyalty
to it have been of rare occurrence -
There are, therefore, but few judicial
decisions which can be referred to as
guides in giving construction to the
statute OF treason. In the celebrated
trial of Aaron Burr, which occurred
in the year 1907, before Chief Justice
Marshall, that learned Judge, with
his usual ability, stated his views of
the meaning of the words "levy ing war
against the United States" He re.
marks that Staken most literally, they
are, perhaps, of the same import as
the words raising or creating war;.
'"But," be adds; 'as those who join
after the commencement are aqually
the objects of punishment, there wo'd
be, probably, general admission that
the terms comprehended making war
or carrying 7on war" "G4No one can
doubt the correctness of this conclu.
sion. Bat the eminent Judge referred
to does not attempt to specify the var
ious acts that would bring party
within his Interpretation Of the words
of the statute. There are, however,
a class of acts so unequivocal in their
character. sto be clear of all doubt.