Council Bluffs bugle. [volume] (Council Bluffs, Iowa) 1860-1868, 1861-06-05

A& shis HRs han 30 McEN ~
I'd sreasoa ore q freely used . she Cd
ypcases OF civil War, . may net be on
il pIass 10 lsy before eas readers the Law
Of treason and Misprison of treason. We
woala nea dexnte tho space required IN
our paper for fall statement u the law
wess n nes shows froa he editorials and I
eoumnnicasisns which may be- foand In
aItnoss every Black Republican, paper /
the country, that sho editors I
and xxissrs ase 70 grossly sgneFans " Es-1
lssiods W me plain provisions o. sha Goa
ssasution, ma TO almost render them sns
laughing stock Of the whole community
Bus ~ writer and profssseJ LAWYER
TOO, In the Nonpsrsil, has refsFFsd 20 shis
sudiecs and by inference threatened 20
prosecute persons ID shis eomnunisy for
treason, ii bessanss neccsssax chat al |
should BIO made acquainted Y pe Avs
least misguided and fanstical Ind Ju~si'
rors ahould bring expense upon their scum
ties, and trouble upon fhsik asighboEs,
under the impression sthsssn expression
Of opinion relative 10 aAe nasris Of waat
| Black Republication calls war, amounts
10 treason. tE Eaa
| Wswould also in this eonnecsion eau
sion persona who sse pecsaaaarsly Fespoa~
sahle against the too frequent use OF the
| word "Traitor'' as applicable to any in
dividnal in this community. Such psE-
sons may find out when it u too late to
save them pockets from depletion that
| tAs use oil sueh spithsta and the making
of such charges are nos words and charges
for sha use and making Of which they
rnay not be held TO 9 rigid account. z
| The Constitution defines treason as fol-
lows:
fsTreason against the United States
shall oouaist only in isyying var against
them, In adhezing to their enemies, CIV
ing them aid and comfort. No person
shall be convicted of treason unless On
the testimony of two witnesses to the same
overt ACT, or Oh confession In open court.
, The Cougrass shad have power 70 aeelaEe
the Punishment of treason. But 30 81"
, tainder Of treason shall york corruption
} of blood, or forfeiture, exceps during the
life of the person attained.o Article Ill,
sectioa 2, of the Constitution, provides,
however that athe trial of all crimes, ex~
, cent ia cases of Impeachment, SHALL be By
! | Jury; and such trial shall be held in the
, State where the said crimes shall have
bean committed" Therefore the mani
: fest treason which has been co mmitted BY
. such individuals a. Jefferson Davis, Gen.
9 | Beauregsrd, and ali others who have been
concerned in taking "plaeca OF proper
| ties'' belonging TO the United States o.
In attacking Fort Sumter, or fortEssses OF
g arsenals elsewhere, cannot be punished ~
: il deserves, excepting in the localities
Z where their rebellion has made itself man
fest. Individuals guilty of high treason
in Mississippi and South Carolina nigh
pass through Broadway tomorrow, viii
II impunity, unless their crime coald b.
A proved to have extended actively to chi
State. They could be arrested, II IL true
bus, although such a measure might fnt
reasonable advocates, il would be coatEarJ
l. to custom, because the end of the Law CA
. never be attained, until judges and luriai
can be found TO try thems IN the State
70 where alone, according to the Oonstita'
70 ton, they can be legally condemned.
ii No expression of opinion, howsge
% strong, against the Government, cal
amount TO treason. Treason consists o
ssas. There must hs an actual levFing o
BIT war. 4 conspiracy to subTsEs the doF
IN eminent by force is not treason; ner
r the mere enlistment of men, who are no
assembled, levying Of war. And d
man can ne convicted of treason VINO wa
be not present when the war was levied
ut Erparts Bolman 4 Gr., rs, United State
vs.. Hanway, 2 Wall, Jr., 40; ibid. l36
IA Ana. L. j., 50; 2 Burr's Trial, 40l
aS 449.l To constitute q levying OF va
re there must be an assamblage OF person
g. for the purpose of carrying into eject, b
g. force, a reasonable purpose; enlistmez
of men to serve against government Is nc
enough. Bus words showing the prison
he er's Intention to join the enemy are prop
3. er "A evidence to explain the motive upo
eel which the intent was afterwards carrie
int@eFeet. The travelling Of individual
~ TO the place of rendezvous 10 not enough
&c but the meeting of particular bodies {
Ill men, and then marching from places
re- partial TO places of general rendazyoul
. is considered trsas0nabiS assembling
~ Ez parte Bolman, 4 ORanch, 10 /; ! Dali
mt SAL d. =
i'll When war 10 levied all those who ssa
ha any part in ii, however minute or howevt
! rsmote from the scene Of action, and VII
are actually laagued In tia general COS
n spiracy, are regarded as traitors. IT
he going from an eneIny's squadron 20 Cd
shore, in order peaeeably TO buy pFovil
ions for the enemy, does not amount
as an act of treason, - this conduct rests
o. the intention, and mere intention is nj
or punishable by the laws Of the Unite
States. But IL citizen approach Il
- shore for the purpose Of proeariag PR
les visions for the enegd, By joining With hi
E. in hostilities against the United State
NJ that would be al overt act OF favoging u
= snsmy, though no other act was comm
: ted. United States va. Pryor, 3 Was
D G. c., 234.) Sending the enemy arm
b, ammunition, or letters conveying INTEL
B. genca to aid hia against ths Govawnmau
T. Il treason. Bat merly sslhng arms |
N, amnunikons as merchandise 10 men
les the Southern States, ID nos treason u
he shy offence whatever and in the case
our pgaseal unhappy national trouble
az there Ia legal distinction between sendis
D. gurh articles to ths State authorities
~ war against the central government, NJ
4ay TO citizens ia the same States again
Be whoa there Is no proof Of partieipatie
nd In the treason for, In order 70 eoastitl
he the offence Of treason thu parties must
a. among tha eonspirators TO resist general
and pahliely by forea, and there mass Ia
&C. thar be an actual resistance BIZ force,
of by intimidation Of numbers asssmbl,
! = agasysas a Iaw rf thu limited gxatA. Is