Centre Democrat. [volume] (Bellefonte, Pa.) 1848-1989, 1861-08-29

legal parlauce. contempt or neglect. Thus,
misprision Of treason. consists in the neglect
/ to give information OF the commission of an
act of treason and is whas is termed mega
/ tive misprsl0n.
The positive misprisions which cencern
our present inquiry and of which we shall
| now proceed to speak, are such rs involve au
attempt to weaken the strong arm Of civil
power, or contempt Of lawful authority
/ Thus, for example, to dissuade witness from
giving evidence, or from obeying the process
/ of subpoena, to persuade or assist prisoner
| in custody to escape; ; 10 refuse obedience to
the cali of a police officer for assistance to
quell riot or apBrehend an offender or en-
| deavor to pursuade others TO disobey such
| cali, are ell misdemeanors Of this sort, based
upon the principle that it is unlawful to Of
I fer resistance to lawfully constituted author
/ ity. 1t is safe to assert as a general princi-
| pie, that any wilful attempt to resist the au-
! thority of the government, or to prevent or
hinder the success of its plans or designs in
the prosecution of var offensive or defen-
/ sive, or to induce or pursuade Others to do
the like, is unlawful and punishable as
/ high misdemeanor. Nowappy this general
1 principle to fhe present condition Of our ma
tional affairs. A state cf war actually ex-
| lists The President of the United States by
virtue of the power reposed in him, has is
sued bis proclamation calling apon the Gov
/ ernors of the several States to furnish their
/ quota of troops for the organization of mil
/ i;ary force sufficient to protect the govern
/ ment and ssppress formidable rebeIion.-
i The Government of Pennsylvania in response
/ to this demand has issued a proclamation
calling upon all able bodied citizens within
/ the Commonwealth tiect to military duty.
| to form themselves into military companies.
and regiments, to be called and mustered
into the public service. Now it must be
perfectly apparent 80 the most ordinary un-
derstanding that any attempt to prevent the
+ carrying out of the design would be a gross
insult to the government and daring con-
tempt of the author ty vested in it and there
fore high misdemeanor For the designs
and plans of the government can with impu-
nifty be thwarted and rendered abortive, then
all our high sounding theories respecting the
supremacy cf the government, and allegiance
and sovereignty are but beautiful 6gments
If the Imagination. Such federation could
spring from nc principle other than would
assert that the citizen is only bound by his
allegiance 70 the government so Tong as its
measures may be in accordanca vi hisown
views, and is obliged to obey only such laws
as meet his entire approval.
Suppose riot to occur ia one of our streets.
1t is the duty of the oficers IF the law to
suppress it, and it is the duty ofall good citi-
l.z ms to aid and assist, for without such regu-
lation the public peace could not be main
tanned. and we would constantly be in the
midst of disgraceful scenes oftnmult and dis
order. Now, suppose that on such an~oeca
sion some irdivivual wauid take it upon him
self to assembled multitude, 'denouncing the
/ riot act and the administration under which
it was passed. and assailing and condeming
the political views Of the officers who are en-
deavoring TO preserve the peace, and adyis-
ing and persuading the 'bystanders to with-
hold any assistance for these or anv similar
reasons. How should court and jury deal
with such an ofendet2 The question need
only lie asked. And is no, thatman a tbouS
sand times more culrable'who, by words or
| aclions, persuasions or threats, would attemp:
to prevent or persuade our citizens from re
spending to tie call Of the chef magistrate
Of the nation for aid TO put down rebellion
that bins at the total subvers:on and over
throw Of thezgoyernment?
There is great misrepresentation abroad on
this subject. Many persons erronecusly sup
pose, that so long az indiRiduals will refrain
! from an overt act of treason, they may speaS
and act as they please against the govern
ment, with perfect mpunty. 1t is time
that such dangerous misapprehensions should
be corrected, and in our remarks on this oc
casion we are doing whatswe can to accom-
plish that purpose. There are other offences
beside treason aud misprsion' Of treason
(which effect the government and It's claims
/ Ill hoe =. Ju
| TIE late Judge Kane in his charge to the
grand jury delivered in the District Court of
| the United States few years ago, in refer.
ring to the case of United States D. Han
way, case,which produced 90 little excite
ment, uses the following language:
!" There has been. I.fear, an erroneous i'm
preston ca this subject amoeg a portion OF
our people. SIfit has been thought safe TO
counsel and instgafe others 60 acts Of forci-
ole oppugnation to the cros isions of a stat
ue- to iufame the minds OF the ignorant by
| appeals to passion and denuncations of the
law SO Oppressive unjust. revoting to the con.
science and not binding on the actions of
men-to present the constitution of the land
as compact of iniquity, which it were mer-
| itorious to violate or subvert, the mistake
! has been a previous one and they who have
fallen intn il may rejoice if peradventure
| their appeals and their couusiIs have been
hitherto without effect He whose conscience
or whose theories Of political or individual
right forbid him to support and maintain il
in its fullest integrity. may relieve himself
from the duties OF citizenship by deves;ing
himself Of it's rights bat while he remains
within our borders, he is to remember tha.
! successfully TO instigate treason is to commit
IT,"
The views that we have just expressed, 10
not, in cur opinion, confict in the least, with
the freedom of speech or of the press, By
the constitution Of The United States Con-
gress is forbidden TO make any law abridg-
ing the freedom of speech of the press and
the eUnsttution of this state provides that
the printing presses shall be free to every
person who undertakes TO examine the pros
ceedings Of the legislature or any branch of
the government and no law shall ever be
made TO restrain the right thereof. The
free communication of though aud opinions
is or of the valuable rights tof man; and
every citizen may fully speak, write and
print on any subject being responsible for
the abuse of that liberty. What are we to
understand from the words " freedom of
speech vt Of tho press" as used in the Con-
stitution The trainers Of that instrument,
evidently recognized it as well defined, pre-
existing right, or they deelare that ir shall
not be abridged. Certainly men of learning
and experience, would not in.so important +.
paper, forbid the a5ridgement OF a right
-h,ab ,x,oc xp;tbcut ~, ,o,ooe,,-o