The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1861-10-18
IN UNITED STATES DISTRICT COURT.
CHARGE OF HON. R. R. NELSON, JUDGE, TO THE
Z" GRAND JURY AT OCTOBER TERM, 1861.
EXPOSITION OF THE LAW OF TREASON.

we nave alreaOy announced the com.
mencement of the October Term of the Uni>
ted States District Court in this city. On
the second day of the Term, October 81, the
Grand Jury was duly impanelled and re-
ceived from Judge Nelson the following
charge:
GENTLEMEN You have been assembled
as Grand Inquest on TIE part of the gov
eminent for the purpose DEMONSTRATING Ger
tain crimes and offences arising under the
constitution and laws of the United States.
Many of you have undoubtedly heretofore
served upon Grand Jury in the States
Courts, and are familiar with the general
obligations of your position and the manner
in which your business should be conducted
The extent of your jurisdiction and the
nature OF your duties are not limited and
defined by the enactments of the Legislature
of this State The character of the evi.
dence to be submitted for your considera-
ton and the rules and principles upon
which it is to be applied are not entirely the
same in both State and Federal tribunals
We conform as near as possible to the
State Courts in the manner of electing and
summoning jurors and adopt in full the
State regulations prescribing your numbers
and qualifications but the Statutes defn-
ing your general powers, and duties do not
control you.
The Jurisdiction of the Grand Jury in a
State court is confined to an enquiry into,
and an investigation of, crimes and offences
of particular character, committed with
fhn bn ntx, vul,r hn
court is held. Your jurisdiction, however,
is co extensive with the boundaries of this
State, and the crimes and ofenses of which
you take cOgnizance are declared and de-
fined by the laws of the United States.
They include among other offences EN-.
bezzIement and peculation in the Post Office
department; counterfeiting the coin of the
United States passing or attempting to
pass the same knowing it to be counterfeit ;
violation of laws passed to regulate the
trade and intercourse with the Indians ;
violation of laws passed for the preservation
of timber upon Government land including
Indian reservations; violation of the pen
sion laws, and other offences of like char.
acter to which it is unnecessary for me to
allude as the District Attorney will call
your immediate attention to such as be de.
sires to have investigated at this session.
The present crisis in our National affairs
renders it proper for me to call your at
tention to another crime of great magnitude
and the most heinous of National offences.
shall address few remarks to you for the
purpose of presenting the Constitutional
definition of this atrocious crime and the
act of Congress imposing the punishment
upon the guilty parties.
The Sd section of the Sd article of the
Constitution, defines Treason as follows !:
Treason against the United States shall
consist in levying war against them, or in
adhering to their enemies, giving them aid
and comfort. No person shall be convicted
of treason unless on the testimony of two
witnesses to the same overt act, or on con-
fessiOn in open court"
wisdom of this Constitutional definition,
says: "Treason is generally deemed the
highest crime which can be committed in
civil society, since it's aim is an overthrow
of the Government, and public resistance
of its powers by force. Its tendency is to
create universal danger and alarm; and on
this account it is peculiarly odiOus, and
often visited with the deepest public resent
| ment. Even charge of this nature, made
against an individual, is deemed so oppro,
brious, that, whether just or unjust, it SUBJ
jects him to suspicion and hatred and, in
times of high political excitement, acts of a
very subordinate nature are often, by pop
ular prejudices, as we'll as by royal resent
ment, magnifed into this ruinous Importance.
1t is, therefore, of very great importance,
that its true nature and limits should be
exactly ascertained.
By the ancient common law it
was left very much to discretion to deter
mine what acts were and were not treason ;
and the Judges of those times, holding of
fee at the pleasure of the crown, became
but too often instruments in its hands OF
foul injustice. At the instance of tyranni-
cal princes they had abundant opportunities
to create constructive treasons that is, by
forced and arbitrary constructions to raise
offences into the guilt and punishment OF
treason, which were not suspected to be
such. Nor have republics been
exempt from violence and tyranny of a
similar character. NewfaDgled
and artificial treasons have been the great en-
gines by which violent factions, the natural
offspring of free Cover nments, have usually
wreaked their alternate malignity on each
other. 1t was under the influence of these
admonitions, furnished by history and human
experience, that the convention deemed it
necessary to interpose an impossible barrier
against arbitrary constructions, either by
the courts or by Congress, upon the crime
of treason"
The first Congress, at its Second Session
under the authority conferred by the Con-
stitution passed tie following act, {" That if
any person or persons owing allegiance to
the United States of America, shall levy
war against them, or shall adhere to their
enemies, giving them aid and comfort with
in the United States or elsewhere, and shall
be thereof convicted on confession in open
court or on the testimony OF two witnesses
to the same overt act of the treason whereof
be or they shall stand indicted, such person
or persons, shall be adjudged guilty OF trea>
son against the United States and shall
suffer DEATH"
An indictment therefore for treason must