Centre Democrat. [volume] (Bellefonte, Pa.) 1848-1989, 1861-08-29
JUDGE LINN's CHARGE
Grand Jury, August Term, 1861.
ENTLEMLEN OF THE GRAND JURY:

| SlVe CIRCUMSTANCES. Since the ldSb term Oh
this court. events have occurred in the histo-
ry of our Natioaal Government Of the mos
serious and startling character. | need not
refer to'these events in detail as they form
conspicuous part of the history of the re-
| bellion against which this nation is now
4 struggling, with which every intelligent cit
izen is presumed to be familiar. We have
fallen upon strange times and are experien-
cling national trial, witch would seem MOI
to have been apprehended by the fathers
and, founders of this Confederaey. Ia that
admirable Constitution by which the Union
and the compact of these Stares were formed
and under which, until recently, remained
linked together by strong and peaceful
! bond OF union, there are 90 provisions which
contemplate either an amicable separation
or an attempt on the part of any one or more
OF the States to fotc.by withdraw from the
Union, and, consequently, those public func-
| tionaries whose duty it is to provide for the
public safety and protection have been oc
casionally embarrassed by constitutional
restrictions, apparent or real, or want OF
constitutional authority to meet fully and
promptly the exigencies Of the times.
When We consider the magnitude of the
rebellion. the years which hav9 been occu>
pied in diligent aud systematic preparation
for this attempt to overthrow the government
the number and the character of the indi-
yiduals concerned in 1.-THE object and pur-
I poses which, as we have reakon to believe
/ have long been secretly meGitated and are
now being openly and defantly avowed =
the acts which they have already done in
furtherance Of their plans, and the further
outrages and atrocities which they wunld
/ seem to have in immediate contemplation
we cannot but consider it the most alarming
/ event that has ever occurred in our history.
There is enough in this to FL the stoutest
heart with dismay and terror.
When our country is in the midst Of such
perils, every citizen has duties which flow
/ from the allegiance that be owes to the gov
ernment and which as a loyal freeman he is
! toand to perform. The sum of these duties
is that be shall do ali that in him lies to aid
in protecting and defending theexistence and
the honor of the nation. This is demand
to which q patriot is always ready to
/ yield cheerful obedience. Next 20 his
Maker, he Acknowledges that his country
has the highest claims upon him,
We as constituent branch Of the State
Government have duties devolving upon us,
which relate to the present condition of af,
/ fairs-duties which we should perform,
promptly, faithfully, ard without fear, favor
or affection, but we should at the same time
give to them temperate and impartial con-
sideraton. OF these shall come presently
to speak,
am compelled, though With deep regret,
to believe that there is not at the present
time amongst che inhabitants of the loyal
| Statec on apfiralu uoopinoOua boa
cooperation with the national government
in the attempt now making to suppress the
rebellion, nay, more, am credibly informed
that there are amongst US not only persons
who secretly sympathize with tie re-
bellion, but those also who boldly and pub
licly aYow sentiments which are IN opposi-
tion to the authority of the governmont,-
Such persons, whilst they merit the con-
tempt of the people of this, and every other
civilized nation on earth, and are brin gng
disgrace upon themselves and their posterity,
should nevertheless receive the punishment
which the law assigns 10 them.
This leads us to consider and define the
offences which may be committed directly
agains the government. Although some of
these belong to the exclusive jurisdiction of
The federal courts. ii may not be out of place
10 uOtlCG iDtUl HStS III OIutF luaG you anu IDe
eople of the country wf:o happento be pres
ent may be made to understand something of
the nature and extent of the obligations
which they owe as citizens. The present
generation of Americans know but little ex-
perimentally of stare ofwar, and it there
fore should not surprise US that their atteh-
ton has never been particularly directed to
the duties which at such time are incident
TO the relation that exists between a govern
ment and It's citizens or subjects. / am
therefore lead to take charitable view Of the
conduct Of those who may have seemed to
forget or depart frem their allegiance and to
attribute most, if rot all. such eases Of deIin-
quency not so much TO a disposition openly
to violate the law or oppose the known au-
th0rity of the government, s. to entire ign0-
rance of the law s demands aGd of the nature
and design of the rebellion. / am led to
more than suspect that arifu and wicked
men are making 1t their business to deceive
the people bV leadlLg tb,n into tha errone-
Gus belief that the war is waged for the 81
premacy OF a party. instead Of being strug-
gle purely for the life of the nation. True,
that kind oflcyalty, is not very praiseworthy
or reliable which is not the spontaneous out
gong of a patriotic heart, but needs the un-
yielding last of penal sanction to keep it in
sbape Still it is better then open rebellion.
The offences which directly affect or are
Injurious to the government are Treason
Misprison of treason, aod certain positive
misprison Or contempt Of its authority or
supremacy.
By the law Of England there were various
acts defed by statute which wo1Id render
the perpetrator guilty Of treason, bu, by cur
National Constitution il is directed that trea,
son against the Uaited States shall consist
only in levying war against them or in adhe-
ring to their enemies, giving them aid and
comfort. That The inhabitants of those
States of this Union which have assumed to
to withdraw therefrom, an6 form new and
independent government. have levied war
upon the United states within the meaning
Of the Constitution will not admit OF Il eoubt.
Giving aud comfort to such persons, by such
overt acts as giving them intelligence, send
ing them provisions, furnishing them with
supplies. or arms, or the like. would be trea
son. and would render the offender liable to
punish Of death.
Misprision of Treason, is the eoncealmeut
Of treason, by giving merely passive, for any
assistance given to the traitor makes the par
ty principal as there are no accessories in
treason This misprison is of a negative
character, but, as has already been stated
there are other misprisions affecting the
governmental a positive nature, which we
shall notice hereafter.
Treason may be committed against either
against the government Of a State, or of the
United States. When the offence is against