The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-05-20
The Law OF Treason and MisPrlsion Of
Treason.


The republican journals of this city are
giving utu rance to The most downright absor-
diiies about treason, showing such an utter
ignorance of the plain provisions Of the
constitution that they are laughed at
by he whole community. Bat as the
United a.ales District Attorney of the
southern District Of New YORK, has ANNOUNCED
his intention 10 prosecute all parties within his
jusisdi lotion, against whom he possesses evil
oehce of treason or misprision OF trea
son, it is important that all should know
the law, lest any misguided Individual
sbould become entangled in its meshes. Hap
PLY, in the United States, 1t has been
hitherto crime Of rare occurrence, and the pre-
else meaning of the raw and, the various appli-
cations of which it is capable, have not been iu
cicially much caavassed, since the famous trial
of Aaron Burr.
The constitution defiaes treason as follows
"Treason against the United States shall consst
OILY in levying war against them, or in adherias
to their enemies, giving them aid and comfort
No person shall be convicted of treason unless
on the tcst,mony OF two witnesses to the same
overt act or on confession in open court. The
Congress shall have power to declare the
punishment Of treason. Bat no attainder Of
treason shall work corruption of blood, or for
feiture, except during the life Of the person
sttainted' Article Ill, section 2, of the consti
tuition, provides, however, that "the trial Of all
crimes, except in cases Of impeachment, shall
he by jury; and such trial shall be held in the
State where the said crimes shall have been
committed" Therefore the manifest treason
which has been committed by such individuals
a. Jefferson Davis, General Beauregard. and all
others who have been concerned in taking
"places or properties" belonging to the
United States, or in attacking Fort Sumter, or
fortresses or arsenals elsewhere, cannot be
punished as it deserves, excepting in the local.
tics where their rebellion has made itself mani
fest. Individuals guilty of high treason in
Mississippi and Soath Carolina might pass
through Broadway tomorrow, with perfect
impupity, unless their crime could be proved
to have extended actively to this State. They
could be arrested it is true; but, although such
u measure might find reasonable advocates, 1t
would be contrary to custom, because the end Of
the law can never be attained, until judges and
iuries can be found to try them, in the States
where alone, according to the constitution.
they can be legally condemned.
no expression Of opinion, however strong
against the government, can amount to
treason. Treason consists of acts. There
must be an actual levying Of war A
conspiracy to subvert the government by
force is not treason; nor is the mere
enlistment Of men who are not assembled
ley sing of war. And no man can be convicted
of treason who was not present when the war
was levied. Er poate Bolman, Or, 10; United
States VS.. Hauwsy. Wall Jr, 40; ibid 1856:
q an. l.. j., SO; Bnrr's Trial, 40l, 1897 To
constitute q levyiag of war there must be an
essernblage OF persons for the purpose OF car
rying into effect, by force, a reasonable pur.
pcse; enlistment Of men to serve against 90.
vernment is not enough. But words showing
the prisoners intention to join the enemy arc
proper as evidence 20 explain The motives upon
which the intent was afterwards carried into
effect. The travelling Of individuals to the
place of rendezvous is not enough; but the
meeting Of particular bodies OF men, and then
marching from places of partial to places of
general rendezvous, is considered treasona-
bic assemblage. (Ec parte Bolman, Cranch,
Is; Dali, $50
When war is LEVIED all those VINO take any
par, in it, however minnie or however remote
from the scene Of action, and who are &C ualIy
leagued in the general conspiracy, are regarded
as traitors. The going from an enemy's squad
ron to the shore, in order peaceably to procure
provisions for the enemy, does not amount to
en- act Of treason, as this conduct rests in the
intention, and mere intention is not punisha-
BILE by the laws of tho United States
But il citizen approach the shore for
the purpose of procuring provisions for the
enemy, by Joining with him in hostilities against
the United States, that would be an overt act
of fayoripg the enemy, though no other act was
committed. United States VS.. Pryor, 5 Wash.
&C, 2Sl) Sending the enemy arms, ammu-
milton, or letters conveying intelligence to aid
him against the government, is treason. But
merely selling arms or am munition as mcr-
cbapdise to men OF the Southern States, is
not treason por any offence whatever; and
in the case OF or present unhappy national
troubles, there is legal distinction between
sending such articles to the State authorities at
war against the central government, and to citi-
zens in the same States against whom there isno
proof Of participation in the treason; for, in
order to constitute the offence of treason he
parties must be among the conspirators to red
sist generally and publicly by force, aud there
must further be an actual resistance by force
or by intimidation OF numbers assembled
AGAINST a law OF the United Suites. (Ses
report United States VS.. lIanway, Wallace
Jr., 1882
According to the doctrine OF John q. Calhoun
which is generally received throughout the
South, treason cannot be committed against