Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1861-11-14

/ 49,
from the United States mail and Pest Offices
aud referring them TO the Acts defining these
crimes he comes to the consideration oi
Treason and Conspiracy;
It's peculiarly within the province Of the
Federal Courts TO uphold the constitution
and TO maintain the majesty Of the laws BY
their faithful administration in punish
ing offenders. The only medium through
which this can be done Is the FEEDER
al Grand Jury Of the District. In the pres
ent critical condition Of public affairs q very
| high responsibility, therefore, resla upon
you. u is due 10 yourselves, and essential
to the public welfare, that, as Grand Jurors,
you should discharge the important trust
with honest imparIiality, and yet with un-
wavering frmness and fidelity.
As treason is the highest crime known In
civil society, the law has wisely and speoi-
| flcally defined the offense, and provided am
pie safeguards against the conviction Of in
nocent persons.
Indeed none should be charged with it, by
the solemn presentment ofa Grand Jury Jun
less there exists indubitable evidence OF
overt acts ofthe crime against the party &C.
! cused.
Should your action be invoked in any
cases Of treason, or misprison Of treason, or
/ OF conspiracy for the overthrow Of the gov
ernment Of the United Estates, it behooves
/ you 10 look well TO the law defining these
/ offenses.
The Constitution and the legislation Of
| Congress 80 clearly designate what shall con-
stitute thsse crimes, as to leave but little 10 be
done nv way otjudical Interpretation or con
struction.
The third section of the third Article Of
the constitution declares, that "treGson
against the United States shall consist only
in levying war against them, or in adhering
TO their enemies, giving them aid and COM
/ fort" and further, that ''no person shall be
convicted Of treason, unless on the testimo-
ny Of two Witnesses TO the same overt act,
| or on confession in open Court"
In accordance with this organic law, Con-
gress passed the Act of April 30th, 1890, the
first section of which provides that, elf any
person owing allegiance to the United States
Of America, shall levy war against them, or
shall adhere TO their enemies, giving them
aid and comfort within the United States or
elsewhere, and shall be thereof convicted on
confession in open court, by the testimony
of two witnesses 10 the same overt act of
treason whereof he or they shall be ind cted,
such person or persons shall be adjudged
guilty Of treason against the United States,
and shall suffer DEATH"
The second section of the same act pro-
vides, thai, 'if any person or persons, hav-
ing knowledge of the com mission Of any of
the treasons aforesaid, shall conceal, and not
as soon as may be, disclose and make known
the same TO the President of the o. s. or
some one of the judges thereof, or to the
President or Governor Of particular State,
or some Of the judges or justices thereof,
shall be adjudged guilty OF misprisoH Of
treason, and shall be Imprisoned not exceed
ing seven years and fined not exceeding one
thousand dollars"
The single section of the act Of July 3Ist,
1861, entitled Gan act to define and punish
certain conspiracies," supplies an i'm portant
deficiency OF the act of 1890.
This Law Of 1851 provides that "if two or
more within any state or territory of the
United States shall conspire together to over
throw, or to put down, or to destroy by force,
the government of the United State, or to
levy war against the United States. or to
oppose by force the authority Of the United
States; or by force to prevent, hinder or de-
lay the execution of any law of the United
States; or by force 10 seize, take or possess
any property of the United States against
the will or contrary 10 the authority thereof;
or BY force, or intimidation, or threat 70
prevent any person from accepting or hold
ing any office, trust, or place of clnfdence
under the United States; each and every
person so offending shall be guilty of a
nigh crime, and upon conviction thereof,
shall be punished by fine Of not less than
i've hundred dollars and not more than five
thousand dollars; or by prisonment, for
a period of not less than six years, or by
both such fine and Imprisonment"
These statutes designate two grades Of
crime, one of which is a capital offsnse, the
penalty being death. The other are high
misdemeanors and the punishment fine and
imprisonment.
It should be observed that treason against
the National Government consists in either
levying war against the United States, or
in adhering to their enemies, giving those
enemies aid and comfort.
/ The assembling of armies and the demon
STATIONS Of violence and force now being
carried on by the Confederate States against
the legally constituted authorities of the
/ National Government is clearly leYying war
/ against the United States, and therefore
treason.
In relation to the other class of treason, to
| wit, Gdhering to the enemies Of the United
States, giUtng them aid and com fort, it is not
an easy task to enumerate each and all Of
the acts, which when done are in violation
of this provision.
If citizen of the United States furnish
the Confederate States, or to any organized
body Of men in revolt against the National
| Government, with money, arms, munitions
of war, provisions, or even with intelligence,
with the intent that the same shall be used
| To aid such rebel force in acts of war, or with
the knowledge that they are procured for
that purpose, such person or persons will be
guilty of adhering to the enemy, giving
them sid and comfort. Such contributions
neeo not necessarily be gretuitous. If sold
or furnished for a compensation, tits equally
reasonable. To sell to rebels, or the public
enemy, arms, or intelligence, or other means
necessary for prosecuting the war, with the
knowledge that they are purchased and in
tended for such use, would be giving aid and
comfort, and as reasonable as the actual
levying of war against the United States.
But, gentlemen, the important matter for
your consideration, in making presentments
for treason, is the character and amount Of
evidence required by law for such action.
"NO person shall be convicted Of treason,
unless on the testimony of two witnesses t.
the same overt act, or on confession in open
court"
Unless you are satisfied that such would
be the evidence on the trial Of the accused
before traverse jury, you should not present
for this capital offenss.
In this country, the mere expressions Of
opinion, denouncing the government, or ex-
| pressing sympathy with traitors, will net
alone constitute the offence. There must be
proof of overt acts of the party accused.
am advised by the District Attorney that
the federal authorities have received infor-
nation, supposed to be reliable, of the ex-
istence in this district of an organized So
} ciety, 1.-THE members of which are bound TO-
gether by terrible eaths and imposing FORMS
secret in its plans and operations, the OBJ
iect of which is to aid the Confederate States
in their attempt to subvert the government
of the United States.
: If such an organization exists, it is the
most dangerous form of IEcIP1EST TREASON
and demands at your hands thorough in
vestigation.
A conspiracY is an agreement between