St. Mary's beacon., 1861-04-04
Judge Sprague on Treason.

AZ (uc pps mug ~ tue Oultcu St2teS
Distric. Court i'll Boston, ON Tuesday.
Judge Sprsguc delivered "A charge to the
Gra,.d Jury en the nature, If treason
H. held that tn. nu'ion Of the General
IT," erument bring = m..rc conf-icrarv wa.
Fundamental All. dahg"rou. error: and
that the t"u>ii.uti,n established a govern
meat with tn highest attributes Of s",-
er,igurs. Referring (" The clause which
i. fines treason, D. maintained that levy
ia Y. .'oq'iircd u NIL .ry asscmL.ase
to undertake hos,ili,i.s. not a mere con-
spiracy, however atrocious it might be-
\ IRRESPONSIBLE purpose existed whenever
the Object MAS To prevent hy force the ex-
ccution Of any Que law. as this would be
ovcrthrnwing the Government to ,ha, ex-
tent. But the ~ idcn outbreak Of mob
! WAS a different affair .n"i, bodies not de-
signing to continue together 10 tax.
fvrcible possession Of frts. arscnals or
; other property Of tn alta States. Was
fragrant NC, # levying VT
The JUICE then alluded TO th. ,uhrc,
of furnishing supplies TO those .ng.y,.t i,
treasnnahlr schemes. \ p"r<ol.s il, league
with those who were lcrying war. VII"
should scnl them money. provisions. arm,
or Intelligence, for til" purpose of aiding
them. WIS a traitor. no matter how far
iis,an, from th:n. b. might be. The
trial must take place within the limits OF
that State and district VII re the crime was
committed. If. however. the condition of
either was such that the judicial tribunal.
could MT perform their functions. the
crimes could not be pcrmi It'd. however
! atrocious they ,nigk; BE-. The conclusion
arrived at wAr:
| 1.-The disafFccrei n, ,if:.rrnt times and
IN various s"cti"ns of the Union have earn
e.tiy sought for some legal mode of resist
! ing legitimate authority. But it has been
in vain. There is no such anomalou.
middle ground hotwe n submission and re-
beliion and this last ex'rclue ha- "a, length
been reached. Secession is but another
n.lpc for revolution for II ia vain to con-
tend for constitutional right to overthrow
the Constitution and legal right to d-s-
troy all law 1t is often said that the
Constitution DIES no, contemplate making
+, war upon State. ii by this il mean,
only that State as political body. il
not to be compelled to execute the Laws OF
the United States. it is true. because those
law, act directly up", individuals, aud ARE
not to- bc -nf,rc-d hy State authority. but
my national instrum-n,alitns IN other
words. VIC have Government aud not Q
mere Coufedcracy.
But if by the proposition that th,
Constitution does not c""te,n,lat. va,
upon State is meant that the au,horit,
Of the United Stacs cannot BE- maintained
or its laws enforced. it State orgsniza
ton interpose to annul them or protect it,
citizens in doing 50. nothing can he NOR,
erroneous. The Constitution unqucstion
ably contemplated this contingency of ad
verse State iatcrp,sition or legislation
and provided against it and for the nation
al supremacy in the clear and imperative
language which has already been quoted
This supremacy may be maintained by tn
whole physical power Of the Nation, ant
whoever offends against the law IL subject
to its penalties in whatever official robe
or insignia he may be clothed, or whs,eve
State parchments he may hold in hand.
"C"ngress have the right to declar
war.
With this high perogative they arc in
vested in express terms. aud .withou. limi
tss;on Or condition. Its exercise is left =
their uncontrolled discretion. The Ma
;tional Legislature, therefore may max
war whenever it Is an appropriate mean
Of indicating the rights, or main..inin,
. the integrity Of the Nation"