Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1861-05-09

1esigns Of the public enemy. WITHOUT at
tempting to specify the numerous acts, fair.
y within the scope Of tho words, gicing aid G
md comfort to the enemy, willrefer to some
70 unequivocal in their character as to be !
clear of doubt, and which will illustrate the '
principle applicable to this branch ofthe law
Of treason. To furnish arms or other muni-
tons Of war, or to provide boats, vessels,
railroad cars or other means Of transporta- !
ton for those arrayed in hostile opposition ,
to the Government, with knowledge Of the
purpose for which they are to be used, are
acts involving the. crime OF
treason. So, too, melting, encouraging or
aiding others TO engage in any Of these trea-
sonable acts, If the reasonable motive ap-
BEARS, would be giving aid and comfort to
the enemy, within the meaning of the law.
II is equally certain, that the communication
of intelligence to an enemy, by letter, tel
egraph, or otherwise, relating to the position,
strength, movements or designs of any mill
tary force of the nation with the intention
to impede or thwart its operations, or to ex-
pose it to attack, capture, or other injury, is
an act of treason. 1t has been already sta
ted that the purchase of provisions, stores,
and necessaries for rebel or foreign army,
engaged in war with the National Govern
ment, by commissary of purchases, is an
act Of war, incurring the guilt Of treason
And it is practical question of great inter-
est to the public, under what circumstances
the vendor Of provisions, stores and neces-
saries is implicated in the crimes, as one
who gives aid and comfort to the enemy
Without discussing this question at any
length, / may state, that it is obviously not
every sale Of property to be sent to State
or place in possession of the enemy, though
from its nature adapted to the use Of the
army, and liable to be so appropriated, that
constitutes an act of treason. But if the
seller knows that the property, is to be 50
used, he thereby does give aid and comfort
| to the enemy, and is within the penalty Of
on this knowledge. If the seller is apprized
Of the unlawful use to be made of the prop
erty, the law implies criminal motive,
| whether the sale is induced by sympathy
with the enemy, hostility to the Government,
or the purpose of gain.
j The Grand Jury will have noticed, that
the lst section of the act of 1890 defining
and Furnishing treason, limits its operations
to persons lowing allegiance to the United
J, States. We are not to understand from
these words, that the crime can only be COM
mitted by native born or naturalized citizens.
They embrace all persons who are under the
protection Of the Constitution and laws OF
the country. All such owe allegiance to the
, Government, and are responsible for their
, reasonable acts againstit. 1t is proper also
to notice the clause of the section referred to,
, declaring that there shall be no conviction
, for treason unless on the testimony of two
, witnesses to the same overt act, or on open
: confession in Court" This provision OBJ
viously has reference to the trial after an in
+ dictment is returned. 1t has no application
It to preliminary investigation before an ex
/, amining Court or judge, or grand jury. Il
i you, therefore, have the credible testimony
o of one witness to an overt act of treason, i
Q will justify the return of an indictment as I
+ true bill. -'~-. " ~ ..- p
y will now briefly notice.the minor offens,
|. Of concealing, or refusing to give informa
ton of an act Of treason. 1t is defined il
the second section of the act of 1890, whicl
d l have already quoted, and is called mispris
= substance, that any person having knowledg
o of the commission OF the crime of treason
!, who shall conceal it, or not make it prompt
d ly known to the proper officer of Govern
It ment, shall be liable to punishment by fin
,r and imprisonment. The words of the sectio
e are very clear and Ineligible, and do no
l. require any exposition of their meaning
% l may remark, however, that in circumstar
l. ces in which it may be supposed the highe
d crime of treason may be committed, ther
" is a probability that persons may be guilt
le of the lesser offense. The duty of givin
ltI immediate information of reasonable &c
o is enjoined not only by the lcttor of the sta
d ute, but is clearly deducible from the hig
" obligations ofpatriotism resting upon ever
citizen. And he that refuses to perforl
# this duty may be justly suspected of trea
# enable designs. 1t is obvious to remark
IN that failure in this respect may lead to tf
to most disastrous results.
H. l am not informed to what extent III
IT present Grand Jury will DO called upon
ID investigate charges involving either of I'll
ne crimes to which have referred. l learr
ly however, that there will be at least one cas-,
&c not duplicating any citizen of our own Stat
le which may be brought to their notice.
e. the facts Of this case | am not advised, on
~ can not therefore give the law in charg
SO with special reference to them. 1t is pr
IN bable that in any state of facts which may b
if proved, the law, as have attempted to Q.
i pound it, will be sufficient TO guide you
l. your action. Allow me to suggest that you
es proceedings as Grand Jurors should be mari
is cd with great calmness and deliberation, au
n wholly aloof from the influence of prejudi,
Or or passion. Treason is the highest Grin
,e known to the laws of our country, and no OF
BY should be implicated in its guilt, ev IN by Il
ID finding ofa grand jury, without evidence ju
~ tifying the conclusion at least ofa stror
y probability that the charge is well foundet
and with the reasonable expectation th
,e it will be sustained on trial by travers
IL jury. In such case, in accordance with Il
G. law and the solemn oath you have just :
D. ken, it will be your duty to act with faafles
es ness and independence, whatever may fc
10 low.
of In conclusion, permit mo to remind yc
Of that the duties Of grand jury, always gra,
t, and responsible, are peculiarly so at tn
OF time Every citizen has duty to perform
or and the country expects that every man wi
n perform it with perfect fidelity. But
70 whatever position any one may be place,
Of civil or military, letm enjoin moderation
t, calmness and dignity Of conduct. Lot
50 not forget that while loyalty to our count
IT. is demanded, We must not ignore our allies
d. ance to God. War, in any of its aspect
id and under any circumstances, is q great Q
at lamity; but letit be the object of all. as {
ms as practicable, to soften its asperities al