The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1861-11-13
LOCAL MATTn1

posed ~ follows. ID. A. Wilson, EYnChbuSw
foreman !, 4, NJ. Keller, VIM. Cox, Chsrlottes.
vile; 7 brown Dean, Lynshbnrg; .. d,
Moaeley, ". J. Baker, Norfolk CITY; james
Fredeiickshurg. DR.. II. n. TAYLOR, John w.
Lane, Amelia Egbert g. Lee, pewhaaan; DIR.
Thomas r. Atkinacn, Danviile; VIM. A.
Armistead, Robt. A. loiiafd,NR. ii. Lortop,
Wm. Il. Rasgiard, Thaddeus Is. Starke. T. NJ
Porter, A. NJ Bailey, Il. M. Allen, Peter ID.
Mckinney, John III. Leftwich, Richmond. !.
Judge Halybarton charged the Grand Jury
az follows:
Gss,ienea n me Grad Jars.
The isIh clause OF the IN section Of the lst
article Of the Provisional Consultation Of the
ConJfd-nte States. in pursuance of which yon
are now assembled, declared, in the exact
worcs OF the Constitution Of the United States,
that mo person shall be held to answer for
capitafor otherwise infsnous crime, unless
on the presentment Of the Grand Jury, ex.
cept in cases arising in the land or naval
forces. or In the militia when in service in
time Of war or public danger"
The only authority possessed by the Courts
Of the Con federate States to take cognizance
Of any offence Is bestowed by the Constitu-
ton of the Confederate Sta tsf, and acts Of Con.
gress made in pursuance Of powers therein
granted.
You have, therefore, no such general au.
shortly to inquire into offences against the
laws of the state, or against good morals, or
HO&ESeEpQ Il
in the State Courts.
You have, il general, to deal only with
thos~ crimes and misdemeanors which are
declared 10 be such by the Constitution or
laws os the Confederate States; or by statutes
tar laws OF State or OF the United States, which
were adopted by the Congress O.; the Con-
federate States. The 37ih section OF the act
passed by the Congress OF the Con federate
States, and approved on the 10th OF March,
1861, provides that g the laws OF the United
States in regard TO crimes AID cfienees'' shall
''be ia force until otherwise provided by law
of Congress
Thus, the criminal laws OF the tinted States
having been expressly adopted by Congress,
became laws OF the Confederate States--tnat is
TO say, those laws Of 'he Lsitted States which
were passed before the act aforesaid.
Under these laws OF the Uattod States and
the criminal laws Of the Confederate States
you may inquire iato and present 4 great
number of different offences, :, few or which
will III ansion--muTder, mausiaug h ter On the
high Seas, or in bays or rivers ere the tide ebts
AID foacs, committed on board of ships or other
vessels belonging to the Con federacy ; mu
Tiny or revo OFT committed ON board of sucn yes
sells cruelty to seamen !; stealing or taking
letters from the mali or post-oiice; and coun-
terleitlnE and forgery OF various kinds, fall
unuer your coglizAnce.
To forge the Treasury notes OF the Con
federate States has been deemed. BY Congress
a crime SO high ia its character, and so ex-
trenely misehievious in its consequences,
y
punishable with death. Even 10 pass, liter,
or publish as true, any forged Treasury
note, knowing 1t to be forged is punishable il
the same way.
treason Is another offence to which I vii,
call your attention. BY the third section OF
the third article Of the Constitution of the
Confederate States, w hicil is copied, with the
subs Il taloa OF the word Couiederat e'' tor the
word "Cni;ed,' from The Constitution of the
L'aaea States. "rrceson against the Cont
crate states shalt consist only in levying wal
against them, CT i'll adhering TO their enemies
giving them aid and comfort and "no per
son shall be convicted OF treason unless On
the testimony OF Two witnesses TO the same
overt act, or on confession in open court."
To adhere to the enemies of the Confederate
States, giving them aid and comfort in any
way In carrying On war against us, is there
fore, as yoa see, as much treason as 10 be ac-
tuaiIy engaged i'll The war.
The Constitution declares that "Con ct ess
shall make no law abridgiDg the freedom OF
speech of the press;'' and mere words
whether written or spoken, caa never amount
10 treason, mn less they are intended to give
or do give, IN some way, aid TO the enemy in
carrying on the war.
70 give to the enemy information as to the
mum Der OF our troops, or the position or
movements OF our army, or any other infor-
m&tion which would be of service 10 him ia
the conduct OF the war, would be treason.
TO trade with the enemy, too, may be trea-
sonable. Such traffic, ii not always treason
IS generally a high misdemeanor, at least il
su bjects the party engaged in it, to forfeit
ure OF the vessel and cargo, or other property
that may be employed in it, unless be car
ried on with the consent of the Government
This seems to be a principle OF universal law
and not peculiar 10 the Jurisprudence Of any
one country. SO infiexible is The rule tina,
in Il case where citizen of the United States
has purchased quantity of British goods,
within the British territory, a long time pre-
vious to the declaration OF b stilities and
had deposited them in an island near the
frontier, vessel hired by him to bring away
the goods was captured with the cargo and
condemned as prize OF war, By the United
States Courts
TO send to the enemy munitions OF wer, or
provisions or supplies of any kind which
would enable him to carry on the war more
eifactnaiiy, would be an act Of treason
can contracts with the enemy" SAYS Phil
iimon, "are null and void; even the insu-
rance of an enemy's property is Illegal, upon
the ground of its being species OF intercourse
with the enemy; for the same reason bills of
exchange, made by the subject Of one bel
iigerent upon the subject of the other beiljge-
rent, are Illegal and void. The remission OF
funds i'll money Or bills to subjects of the en-
envy, the purchase OF bills or the deposit of
funds il the enemy's country, are unlawful
because they tend to improve the resources
and strengthen the hands of the enemy In
fine, every commune ation with the Stale
however circuitous, is prohibits ted, unless ii
be sanctioned by the special authority of the
Government"
As tc the persons who may be guilty OF
treason, they are not merely the native in
habitants, nor even the citizens of n country
Strangers and foreigners who have their
domieil there may incur the guilt of treason
against the country in which they dwell, by
committing sucn acts rs would be treason n
4 citizen subject Of this country.
san aliep, says Foster, "whose snyer.
eighty Is in anity with the Crown of Eng
land, residing here, and receiving the protec.
ton of the law, oweth IL local allegiance to the
Crown during the time of his residence; and
if, during the time. he committeth an of.
fence which, in the case of & natural
born subject, would amount to treason, he
may be dealt with traitor. For his per
son and personal estate are Is much undeI
the protection of the law as the natural born
subjects and If he is injured in either he
hath the same remedy at law for such injury
s'An aiien," continues the same author
whose SO Sereign is at enmity with us, living
here under the Kings protection, and com
mitting offences amounting to treason may
likewise be dealt with as traitor. For he
oweth a temporary local allegiance founded OH
that share OF protection he receiyethn
These observations Of Foster are sound law
and supported by sound reasoning. A for.
eigner who resides here. and who seeks TO re-
ceiye the benefit and protection of our Gov.
eminent and laws, ought 10 be punished as O
traitor, if he betrays the Government which
eonfides in and protects him.
An act was passed by the Congress of the
Confederate States in August last and an
proved by the President on the Both OF tina
month, which / am required to give you
specially in charge. II is entitled-ihere the
Judge read the preamble and first four Sec
lions OF the Sequestration Act, In the Sd vols
Of Acts of Congress, page d.
The sections of the act which have thought
ii proper to read to you, require very little
comment. 1t is only proper to say a word or
two TO you in reference to alien enemies.
The very learned and highly distinguished
gentleman who is at the head of the Depart
ment of Justice here, the Attorney General
of the Confederate States, has given very
accurate definition OF the phrase alien enc
IN les, as ussd in the aat, in these words:
The following persons are subject TO the on
GRAFTON OF the law rs alien enemies: