Glasgow weekly times. (Glasgow, Mo.) 1848-1861, 1861-07-18
giving him aid and comfort" would


giving him aid and comfort" would
Tly be treason during an instruction
NTH,tiln aid o, the insurrectionists. Hence
,ps afuls Of la~, that "lhe joining with
rebels in act OF rebellion. or with enemies
in an set Of hostility, will make a man o
traitor" -
Furnishing rebels or enemies with mon.
ey arms, ammunition or other necessaries
will rrima faeie make man traitor"
'Surrendering castle TO rebels, being
in confederaey with them, is treason under
the clause Of 'levying war, and SO would be
the holding against the Government of any
VI IFS forts, arsenals OF ships Of war, or al
lacking The same, or treacherousl7 deliver.
Ing them up 10 the rebels" In the exer.
else or constitutional authority and suprem
scy, The United States government hes a
legal right 10 send its troops into any State
or territory Of the United States. and te
keep them there; and any attempt by hos.
tile force, through violence, or by assem-.
bling in military array. or in the posture oil
war TO keep such troops out Of such state OF
territo'y, or 10 drive out those thus already
there, or TO oppose their marching. sOjourn.
ing or remaining in such State or territory;
or any assem- bling of armed men in militia.
tarY array, or with warlike appearance,
or in force, for such IRRESPONSIBLE purpose
ald or assistance given 10 those engaged in
such reasonable attempt, knowingly and
with the intent to further their reasonable
design, would be treason against The United
States.
1t is unnecessary TO specify in detail
each and every act. or combination Of acts,
which may fall within the general rules al.
ready stated, because acts which at one
time and under some circumstances, do moi
amount 10 treason, may at other times, and
under other circumstances, be the most ia.
grant treasoDs. Indeed, The many improve
men,s in the ordinary arts of peace, s,
well as the improvements in the art OF war
may cause many things TO be now consider.
ed military supplies and necessaries which
were wholly unknown as such fifty years
sgo. The language Of Chief Justice Mar
shall, on this branch OF the subject, lays
down clear legal rules; "lf war lie sc,u-
ally levied, all those who perform any
part, however minute, or however remsts
frem the scene of action, and who are az.
tually lsagned IN The general conspiracy
are TO be considered as traitors" "This
opinion does not touch the case Of a per-
son who advises or precares an assemblage
and does nothing further. The advising
certainly and perhaps the procuring, Is
more in the nature OF conspiracy TO levy
war than Of The actual levying of war. l. is
not enough 10 be leag led in the onspiracy
and that war be levied, bat it is also nee
essary 10 perform part; that Part is the
act Of levYlng war. ...-..
That part, it is true, may be minute; it
may not be the actual appearance in arms,
and il may be remote from the scene Of ac-
ton, that Is from the place where the army
is assembled; but it must be part, and that
part must be performed by person who
is lsagued in The conspiracy. This part,
however minute or remote, constitutes the
overt ect Of which alone the person who
performs il can be convicted. The opin-
len does not declare that person who has
performed this remote and miDue Fart MAY
be indicted for part which was in truth
performed by others, and convicted on their
overt act. 1t amounts to this and nothing
more, that when war is actually levied, mel
only those who bear arms, but those also
who q e leagu,d in the cons piracy; and who
perform the various dis;Inc, parts which
are necessary for the prosecution of the
war do, In the sense Of the Constitution,
levy war"
40 advise or procure tre,son,:s in the
nature Of conspiring or plotting treason,
which is not treason IN ITSELF"
These suggestions will enable you to
reach sound conclusion concerning everyl
case brought before you, involving the Grim
Of treason; if You keep constantly in n
that there are two essential elements =
effence-the reasonable intention o.
overt act. You should sIso rsmenF
mere expressions of opinion, or
upon public men and movement.
severe or unjust, or free dis
corning public measures AMI
peaceful advocacy of srrona
or the exercise of any olH
pertaining TO The priyiIe.
does not constitute trJ
sense Of the term; and
The legal sense only y
In this connection
ed 10 the second sey
Congress, the terH
y explicit 10 nee
III any persR
,ege OF the e.
uns afors<sF