Daily Nashville patriot. [volume] (Nashville, Tenn.) 1860-1862, 1861-07-21

have very little difculty; for when war actu
ally exists, inquiries into the precise steps,
successively taken, from the inception of the
reasonable design to the overt act, may be
of less importance than an Investigation of
the acts done towards carrying 1t on, or in
giving aid and comfort to the enemy, in adj
herence to bis cause. When war exists, all
who are leagued in the general conspiracy
and perform any of the various and essential
military parts of prosecuting it, are guilty of
treason. Thus, commissary who is at a
distance from the scene of active military OPP
erations, and who may never have been pre-
sent at any hostile assemblage, or even seen
the rebels in camp or in military array, may
by furnishing supplies to the traitorous force,
be aa guilty as if taken in battle with arms in
bis hands. So may it be with an officer com-
missioned TO recruit, who enlists and forwards
men to fill the rebel ranks; or with any other
person who voluntarily furnishes them with
money, arms, ammunition, provisions or sup
plies, or who otherwise performs, if he be
leagued in the general scheme, "any of the
various or essential parts which in carrying
on a war must be assigned to different iDdi-
viduals" 1t is necessary, however, that he
should have been leagued in the general con-
spiracy, and have also performed some part
towards its prosecutions; for both the intent
and act must exist, or the crime has not been
perpetrated-is not complete.
If the reasonable intent does exist, how
ever, the overt act may consist not only in
furnishing men, money, arms or provisions,
but also in giving intelligence whereby the
enemy may better conduct his hostile move
ments, be saved from reverses or aided in bis
plans. 1t is obviously of great moment to
be accurately informed of the numbers and
position of an opposing force and of their
plan of campaign or intended movements.
At times, no more important aid can be Civ
en-. Actual presence in the hostile ranks
may be OF far less assistance to the foe than
timely communication from a distance
concerning the movements of the opposing
force, whether actual or contemplated.
After war has been raised, then the plain
duty of every one is to refrain from what
ever acts can contribute to the enemy,s adj
vantage or assistance. In foreign wars all
private communications, Intercourse and
trade between the contending nations are
interdicted; but in insurrectionary move
ments, those not leagued in the general con-
spiracy, or aiding therein. are not necessarily
forbidden all private intercourse or trade
with peaceful and patriotic citizens resident
within the insurrectionary districts.
TO advise or procure a treason, is in ma
ture of cOnspiring or plotting treason which
is not treason in ITSELF"
These suggestions will enable you to reach
a sound conclusion concerning every case
brought before you, involving the crime of
treason; if You keep constantly in mindHthat
there are two essential elements of the Of
fence-the reasonable intention and the
overt act. You should also remember that
mere expressions of opinion, or criticisms
upon public men and movements, however
severe or unjust, or free discussions concern
ing public measures of policy, or the peace
full advocacy of erroneous doctrines, or the
exercise of any other lawful right pertaining
to the privileges of citizenship, does not con-
stitute treason in any LgIL sense of the term;
and it is with treason in the legal sense only
that courts can deal.
In this connection your attention is called
to the second section of the act of Congress,
the terms of which are sufficiently explicit to
need no comment.
If any person or persons, having knowl-
edge of the commission of any of the treas
sons aforesaid, shall conceal, and not as soon
as may be disclose and make known the same
to the President of the United States, or
some one of the Judges thereof, or to the
President or Governor of particular State,
or some one of the Judges or Justices there
Of: such person or persons, on conviction,
shall be. adjudged guilty of misprison of trea-
son."