Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1861-04-16

discussed
Is 1t Constitutional -
Does the public welfare require III
s The first question requires an examination
of the bill as 1t stands related - 9l|
To the Constltution OF Ohio-and ~ = 4
To the Constitution and laws of the Federal
Government.
The right Of State to punish treason has
been questioned. on the ground-l, Thatit ia
crime against sovereignty; and the soyer'
eighty Of . State Is too limited to make re-
sistance against IL treason, 2 That resistance
to the government of a State would really
be treason against the United States. Wal :
ker's American Law, p, $50, and Am. Law
Mag. p, 3l8) ssu le ssy t.ss
But that a State may define and punish the
crime of treason against itself, is evident, for
the following reasons: s. .se.y .,say. /.
i. Il ie clearly implied in the Constitution OF
the United States Cart. a, sec O-"A person
charged, In any State, with treason, felony, or
other crime, who shall fee from justice and be
found 10 another State, shall, on demand OF the
executive authority of the State from which he
fed, be delivered up, to be removed 10 the
State having jurisdiction Of the crime" gle
| 2 It is likewise clearly implied 10 the Con
stituton Of Ohio, In Art. 3, SEQ. IL: "He (the
Governor) shall have power after conviction, to
grant reprieves, combinations aud pardons, for
all crimes and offenses except treason
UpoD conviction for treason, he may suspend
the execution OF the sentence, aud report the
case TO the General Assembly. at its next meet
ing, when the General Assembly shall either
pardon, commute the sentence, direct It's execu
| ton, or gIant further reprieve
3. Our later elementary writer's on criminal
Law assert it. Wharton, in his Criminal Law,
page 5000 edition, says: Treason is un
doubteoly a common law offense in each State
aeide from constitutional and statutory provi-
sions, aud IS recognized as having substan-
tive and independent existence, 10 that clause
of the Federal Constitution which provides that
il person accused of treason in any State
shall fee from justice and shall take refuge in
another State--he may, on q proper requisition,
be delivered up by the executive Of the State to
which he has fed" See also Kent's Com Vol
Up 342, note ;land fuckers Blackstone, vol. a.
page 81, Appendix
L. twas 80 decided by Chief Justice Durfee,
Of Rhode leland, In the celebrated Dorr trial-
(Pittman's Rep, page 81 .
Twenty six States of the Union have, at
this time laws on their statute books defining
and furnishing treason-Ohio, herself, had such
law for nearly half q century.
We next INQUIRE whether this bill Is in con-
Aict eth the Constitution Of the United States
Il does not propose to execute the federal flaw
on the subject of treasOn--but it does declare
that any citizen of Ohio who shall give aid and
comfort to the enemies Of the United States
or betray to them the property of the United
States, shall be deemed guilty Of crime against
the State of Ohio. 1i- -
The objection urged to this provision is, thai
il proposes to punish On act which ls a crime
against the United States, and properly fallt
within the federal jurisdiction.
Before the formation OF the Federal Consti
tuition, all sovereignty was lodged in the States
and, by the tenth article of that instrument, il
Is expressly declared 'tbat all powers not del
egated toJ the United Estates by the Constitu
ton, nor prohibited by it TO the Statea, are re
served to the States respectively or to the peo
ple." q
Let US then inquire whether the Constitution
gives to Congress the trelusios jurisdiction o
4 the crime of treason. In the Fedeyalist, No. 80
the following doctrine is laid down, which ha
frequently been quoted and approved by tn
Courts:-That exclusive jurisdiction is veste'
in tho Federal government in three cases only
viz: -t '1
I,Where the Constitution, in express terms
granted an exclusive authority to the Union.
2. Where it granted, in one instance, an au
thority to the Union, and in another, prohibite
the States from exercising the like authority.
3. Where 1t granted an authority to tn
Union to which similar authority in the State
!. would be absolutely and totally contradictor
!. and repugDant. asfs :
: In the case of Prigg ys. the Commonwealth
: of Pennsylvania-l6 6 Peters, p 154-itiwss he'll
by the court that mere grant of powers. Il
Affirmative terms, to Congress, does not, per &c
transfer to it an treLusiUe Jurisdiction. Thei
follows in the game connection an Affirmation O.
the doctrine above quoted from the Federalist
and the following illustration OF 1t, quoted b.
Justice Daniel, from Story In Houston vs. Moor,
-6 Wheaton, 46. ''An example Of the fret clas
is to be found in the exclusive legislation dele
! gated to Congress over places purchased by th
! consent of the legislature of State for forts
arsenale, dock yards, &C.; Of the second class
the prohibition Of State to coin money, emf
bills Of credit of thej third class, the power Il
establish an uniform rule Of naturalization, AMI
the delegation of admiralty and maritime juris
dlction, In which concurren jurisdiction woul
be incompatible. In ell other cases, not fallinI
: within the classes already mentioned, Il seem
7 unquestionable that the States retain concur
rent authority with the Congress, not only IN
der the llth amendment of the Constitution, bu
!, upon the soundest principles of general reason
ing. There is this reserve, however, that !
Il CtbtB VI COuCuTIcub WueEt tuo lBWb y
!. the States and OF the. Union are in direct an
manifest collision on the same subject, those o
, , the Union, being the supreme law Of the land
I are Of paramount authority; and the State law
so far, and 30 far only, &c such incompatible
: exists, must necessarily yield" l rs
,, "Suoh," says Justice Story, 'are the genera
principles by which my judgment is guided !
every investigation Of Constitutional points"
Art. ILL.,, sec. 3, of the Constitution Of th
i United States, says: "The Congress shall hav
, power TO declare the punishmeDs Of treason
! This Is DO declaration of exclusive authority
The grant is made in the same terms ss otbe
grants of power 70 Congress enumerated IN th
. eighth section of aricle second Several q
tboss powers have long been adjudger BY th
courts as concurrent. The poser 70 levy 40
collect taxes is expressly granted to Congress
but 10 one ever supposed it 70 be exeias;-ei
vested 10 that body. The power TO punish th
counterfeitiug Of United States coin is alec ez
pres.ly granted to Congress 10 he same section
!, and 10 pursuance of that clause, Congress el
/, acIed Law DE- tfoiDg the crime and o. esc,ibiD
! be punishment OF IL. (Gen Laws of, U 8
! vol. 6. psse 70 Bat isSas decided 10 tb
] case Of Fox We lbe State Of 0bo-5 HowArt
4l0, that a STATE may purish the same Grim.
D See, also, The United States 70. Marigold--
Hosafd, $50 r-s -
The sane section also empowers Congress -
provide for calling forth the militia to execui
the lave OF the Unioo." And yeI, 10 the cele
brated case of Houston vs. Moore, S Wheaton
it Was held that, ''thoueb the refusal or pegle'
Of toe militia TO obey the orders Of the Pfesi
0 dent 10 al cffense against the laWe Of the Fedt
!, raj Government. aud tuhjects the offender 70
. certain prescribed punishment, YET IL was com
petent for the STATE Courts OF PebpsJ yanis 4