M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1861-05-16
N0.39.

my. 1t wonld seem, therefore, the
the only enquiry is;- What acts are
equivalent to giving atd and comfort
to the public enemy, within the
meaning oftbe lawl II is clear that
the open and public syOEsl oioPinioDs
hostile te the Government, and which
are in sympathy with the principles
or measures of those ,arrayed in open
war against il, does not constitute
treason IN the eye Of. the ! law, such
opinions are, undoubtedly, euidence of
the want ofloyalty to the Government,
and may involve mora treason, but do
not imply the legal guilt oftbar crime.
There must be the overt act of giving
the enemy aid and comfort, and such
act must have direct reference to,
and must be intended to promotethe
treasonable designs Of the, public en-
emy. Without attempting to specify
the numerous acts feirly within the
scope ofthe words giving aid and
comfort to the enemy, Twill refer to
some unequivocal in their character
as to be clear of doubt, and which
will illustrate the principle applicable
to this branch of the law, oftreasoD.
To furnish arms or other munitions OF
war, orto provide boats, vessels, rail-
road cars or other means of tfanspor.
tation for those arrayed in hostile op-
position to the Government, with a
knowledge Of the purpose for which
they are to be used, are unqqestiona-
bly, acts involving the crime oftrea-
son. So, too, inciting, encouraging
or aiding others to engage in any OF
these reasonable acts, if the treasona.
Bile acts, If the reasonable motive ap-
pears, would be giving aid and COM
tort to the enemy within the meaning
Of the law. 1t is equally certain that
the communication OF intelligence To-
en- enemy, by lettes, telegraph or 9th.
erwise, relating to the position strength
movement or designs Of any military
force Of the nation with the intention
to impede or thwart its operations, or
to expose it to attack, capture. or other
injury, is an act Of treason. It has ben
already stated that the purchase o
provisions, stores aud necessaries 10,
a rebelor foreign army, engaged itf
war with the National Government
by . comGissaryof purchasers. in an
act Of levying war, incurfing the ghilt
oftreason.o And it is o practicable
question ofgreat interest to the pub
lie urder what circumstances the ven
dor of provisions, storos and necessa-
ries is implicated in the crime, as one
whe gives aid and comfort to the cue
my. Without discussing this ques.
tion at any length may state that il
is obviously not every sale Of proper,
tY to be sent to a State or place'in. pos
session ofthe enemy" though from
its nature adapted to the use of the
army, and liable to be 50 appropria,
ted, that constitutes an act Of treason.
But, if the seller knows that the prop
erty is to be used, lie thereby does
give aid and comfort TO the enemy,
and is within the penalty o. the law.
The criminality Of the act depends,
therefore, on this knowledge. II the
teller is apprised of the unlawful use
so be made Of the property, the law
implies criminal motive, whether
the sale is induced by sympathy with
the enemy, hostility to the Govern.
ment, or the purpose Of gain. -,
The Grand Jury will have noticed
that the first section Of the act of179O
defining the furnishing treason. limits
its operation to persons lowing ale
glance to the United States." We are
not to understand from these works,
that the crime can only be committed
by native born or naturalized citizens.
They embrace all persons who are
under the protection Of the Constitu-
tion and laws Of the country. All
such owe allegiance to the Govern.
ment, and are responsible for their
reasonable acts against it. It is pro.
per also to notice the clause Of tho
section rafnrred "a declapino tbok