Centre Democrat. [volume] (Bellefonte, Pa.) 1848-1989, 1861-08-29
JUDGE LINN'S CHARGE
Grand Jury, August Term, 1851.
IENTLEMLEN OF. THn GRANp jury


this court, events have occurred in the histo-
ry Of our Natioaal Government of the most
serious and startling character. | need not
refer to'these events in detail as they form
a conspicuous part Of the history of the re-
bellion against which this nation is now
struggling, with which every intelligent cit
izen is presumed to be familiar. We have
fallen upon strange times and are experien-
cling national trial, which would seem moi
TO have been apprehended by the fathers
and. founders of this Confederacy. In that
admirable Constitution by which the Union
and the compact of these States were formed
and under which, until recently. remained
linked together by strong and peaceful
bond of union, there are no provisions which
contemplate either an amicable separation
or an attempt on the part of any one or more
Of the States to forcibIy withdraw from the
Union, and, consequently, those public func-
tionaries whose duty it is to provide for the
public safety and protection have been oc
casonally embarrassed by constitutional
reslrictions, apparent or real, or want Of
constitutional authority to meet fully and
promptly the exigencies Of the times.
When We consider the magnitude of the
rebellion, the years which havs been occu>
pied In diligent aud systematic preparation
for this attempt to overthrow the government
the number and the character Of the indi-
yiduals concerned in 1.-THE object and pur.
poses which, as we have reason to believe,
have long been secretly meGitated and are
now being openly and defantly avowed =
the acts which they have already done in
furtherance OF their plans, and the further
rae,f md ii
seem to have in immediate contemplation
we cannot but consider it the most alarming
event that has ever occurred in our history.
There is enough in this to fill the stoutest
heart with diSmay and terror.
When our country is in the midst Of such
perils, every citizen has duties which flow
from the allegiance that be owes to the gov
ernment and which as loyal freeman he is
loand to perform. The sum of these duties
is that be shall do Mi that in him lies to aid
in protecting and defending the existence and
the honor of the nation. This is demand
to which q patriot is always ready to
yield cheerful obedience. Next 20 his
Maker, he acknowledges that his country
has the highest claims upon him.
We as constituent branch of the State
Government have duties devolving upon us,
which relate to the present condition Of af-
fairs-duties which we should perform,
promptly, faithfully, al without fear, favor
or affection, but we should at the same time
give to them temperate and impartial con-
sideration. OF thesel shall come presently
to sreak.
am compelled, though with deep regret,
to believe that there Is not at the present
time amongst che inhabitants of the loyal
States, an entirely unanimous and hearty
cooperation with the national government
in the attempt now making TO suppress the
rebellion, nay, more, / am credibly informed
that there are amongst US not only persons
who secretly symparhize with tie re-
bellon, but those also who boldly and pub
licly svow sentiments which are 10 opposi-
tion to the authority of the governmont.-
Such persons, whilst they merit the con-
tempt of the people of this, and every other
civilized nation on earth, and are brn ging
disgrace upon themselves and their posterity.
should nevertheless receive the punishment
which the law assigns to them.
This leads us to consider and define the
offences which may be committed directly
againsi the government. Although some of
these belong TO the exclusive jurisdiction of
tt0 leutIdi CoOFtc, II uidy uUt Do UuG VI pidce
to notice them here in order that you and the
eople Of the country wf:o happenio be pres
ent may be made to understand something of
the nature and extent of the obligations
which they owe as citizens. The present
generation of Americans know but little ex-
perimentaly of stare war, and it there
fore should not surprise us that their atteh-
ton has never been particularly directed to
the duties which at such time are incident
TO the relation that exists between a govern
ment and It's citizens or subjects. / am
therefore lead to take charitable view Of the
conduct of those who may have seemed to
forget or depart frfm their allegiance and to
attribute most, if not all. such eases Of deln-
quency, not so much TO a disposition openly
to violate the law or oppose the known au,
th0rity of the govern1n -nt, IS to entire igno-
rance of the law S demands arc of the nature
and design of the rebellion / am led to
more than suspect that artful and wick ed
men are magingIt their business to deceive
the people bV leadiLg I'm into tbs errone-
Gus belief that the var is waged for the az
premacy OF party, instead Of being a strug-
gle purely for the life Of the nation. True,
that kind oflcyalty, is not very praisevorthy
or reliable which is not the spontaneous out
going of a patriotic heart, but needs the un-
yieiding last Of penal sanction to keep il in
shape. Still it is better then open rebellion
The offences which directly affect or are
Injurious to the government are Treason
Misprison Of treason, aod certain positive
misprison or contempt Of its authority or
Supremacy.
By the law Of England there were various
acts defed by statute which wo1!d render
the perpetrator guilty Of treason, bur by eur
National Constitution il is directed that trea,
son against the Uaited States shall consist
only 10 levging war against them or in adhes
ring to their enemies, giving them aid and
comfort. That The Inhabitants of those
States of this Union which Aave assumed to
to withdraw therefTom. and form new and
independent oveinment, have levied war
upon the United states within the meaning
Of the Constitution will not admit Of coubt.
Giving and Comfort to such persons, by such
overt acts as giving them intelligence, send
ing them provisions, furnishing them with
supplies, or arms, or the like, would be trea
son, and would render the offender liable to
punish of death.
MispTision of Treason is the soncealment
ef treason, by giving merely passive, for any
assistance given to the traitor makes the par
ty principal as there are no accessories in
treason. This misprision is of negative
character, but, as has already been stated,
there are other nisprisions affecting the
goverumentof a positive nature, which we
shall notice hereafter.
Treason may be committed against either
against the government of State, or of the
United States. When the offence is against