Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1861-03-29
JUDGE SPRAGUE ON TREAao p,

In addition TO the judicial declaration Ct
Judge SxALLTY in his charge to the Grand
Jury at New York few weeks since, on the
subject of treason against the United States,
We have oue OF similar purport from Judge
SPRAcuE of Massachus tits At the Opening
of the U. S. District Court in Boston, Tues
day of last week. he delivered a charge to the
Grand Jury On the nature Of treason. He
held that the notion of the General govern
ment being mere confederIcy, was funda-
mental and dangerous error AMI that the
Constitution established u government with
the highest attributes of sovereignty, and
that State caonot interpose its authority
between the Z. S. Government and It's citi-
zens, to screen them from the j. st force of U.
S. laws. H. held tlat mere conspiracy to
destroy the Government would not be treason;
there must be "levying war "a military
assemblage against The government. A sud
den outbreak OF mob, destitute of orgaDi-
Iation, and with no purpose of continued ez-
istence, was another affair. To take forcible
possession of forts ,arsena slor property of the
United States, he declared TO be fragrant
act Of levying war.
A person in league with those levyiDg war,
aiding their schemes, sending them money,
provisions, arms or intelligence for the rur-
pose of aiding them, be declared to be a trait
or, no matter how far from them he might
be,-and as such amenable to the courts |
where the offence was committed.
The conclusion arrived at was -
The disaffected al different times and in vari-
sections of the Union have earnestly southt |
for some legal mode Of resisting legitimate at.
thority. But il has been in vain. There is no |
such anomalous middle ground between subn is |
sion and rebellion; for it is vain to contend for
constitutional right TO overthrow the Constitution
and legal right to destroy all Law. 1t is often
said that the Constitution does not contemrlati
making war upon a State. II BY this is meant only
tn at State, political body, is not compelled to
execute the laws of the United States, 1t is true
because those laws act directly upon individuals
and are not to be enforced by State authority but
by National instrumentaities. In other words, we
have Government and not mere Confederacy.
"But if the proposition that the Constitution
does not contemplate war upon q Stat g, is mean.
that the authority Of the Unit d States cannot be
maintained or It's laws enforcedf otate organiza-
ton interpose to anuul them or protect its city
Ems In doing SO, nothing can be more erroneous.
rheConstitution unquestionably contemplated this
contingency of adverse State interpostion or legs.
ation and provided against it and for the ANTON
4 supremacy in the clear aad imperative language
which has already been quoted. This supremacy ,
nay be maintained by the physical power of the
ion, and whoever ofends against the law is SUBJ
bet to its penalties in whatever official robes or
asignis be may be clothed, or whatever State
ARGUMENTS he may hold in his hand. 7
congress have the ight to declare war;
with this high prerogative they are invested
express terms, and without limitation or con- :.
tioa. Its exercise is left to their uncontrolled
secretion. The National Legislature, therefore, | L
sy make war whenever it is an appropriate
eaas OF vindicatin the rights, or maintaining
. integrity Of the nation" 4