Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1861-01-22
Ihs oElns o Trsa,on-.-IaaEs smaIIey,s

! The Crime Of Trsaaon---JndEs smaIIey's
Charge 70 the Grand Jury
In The United States Circuit Court for the
Southern District Of New York, Judge Small
ley dsiivereda a charge to the Grand Jury on
Monday last "a which, after reviewing the
laws ofthe United States against treason be
proceeded to say:
"What Gmounts 70 adhering to, and giving
aid aud comfort to our enemies, It Is some
what difficult Ia ell cases 70 define, but Ger
tain IL is that furnishing them with arms, or
munitions Of war, vessels, or other means Of
transportation, or any materials which will
aid the traitors in carrying out their traitor
Gus purposes with knowledge that they ArO
intended for such purposes, or melting and
encourag others 10 engage in or aid the
traitors In any way does come within the
provisions Of the set. And It is immaterial
Whsthsr such acts are induced by sympathy
with the rebellion, hostility 10 the govern
ment, oF . desire for gain
Under the second section Of the act Of 1890,
all WHO have any knowledge Of any such acts
oftresson, and do not, as soon as possible,
-----frN - +-AeWn III bAAl AnCIElu pre-
scribed, are guilty Of misprison of treason,
and subject to the punishment therefor.
Your inquiries must beronfnsd TO ofen-
seS committed within the Jurisdiction Of this
Court that is, within the Southern district Of
New York, and upon the high seas. Al
though there may be aquestion, whether the
Jurisdiction OF the Court in such cases, is
not more extended, you will for the present
eonfne your investigations 10 the limits pre-
seTibed, Within this limit, it is your right
and your duty, 10 inquire whether any per-
son or persons, have been according to the
principles of law laid down by the Court
guilty of treason, and If you are satisfied
that either of these odenses have been com
mitted, to faithfully and fearlessly present
the offenders, that they may be punished.
1t is the duty, and it will unquestionably
be the desire of all good and true citizens, to
do, in their respective spheres, everything in
their power to suppress rebellion, expose
treason, and bring traitors to justice.
QUESTIONS BIZ THE GRAND JURoRs.-In-
quiries having been made by the Jury in re-
ferFnee to their duties the Court made the
following observations ag.e
When the Grand Jury were in, the other
day, one of the members of our body submit
ted certain questions to the Court which
shall now proceed to answer. aslat u
''lst. Whether it is the duty Of the Grand
Jury TO inquire into violations of the law
which may be incidentally brought to their
knowledge, and which have not been pre-
sented by the District Attorney, and which
he had no knowledge OFF,
In reply to that, the Court would say, gen
tlemen, that you are not necessarily confined
to Offenses TO which your attention may be
called by the prosecuting officer. r.
If any one of you have reason TO believe
that any Of the laws Of the Federal Govern
ment have been violated, you are ct liberty
to inquire into the matter, whether or not
your attention has been called TO it by the
District Attorney. Unquestionably you have
the right to make theinvestigation.
The second inquiry f-
Whether it is expected of the Jury to e1-
anime into the detention of felons and wit
nesses as to their safety, treatment and COM
fort, and as to whether any persons are kept !
an unwsrrantable time before trial 2'
The third inquiry is: 11 Hf .s
Whether il is expected the Grand Jury !
would present such defects in the practice in |
tie Custom House as render it easy for the
clearance of vessels for the slave trade 2"
With respect to that, gentleman, it may be /
we'll to consider for = moment what's theju- |
of the Federal Courts. -
First, then, they can only inquire into the /
violations of the Federal laws The Federal |
Courts have no common law criminal juris-
diction, and they, therefore, have no juEisdic-
ton over offenses that are not created by the
Constitution, or some act Of Congress under
the Constitution.
/ understand that it is the duty Of the
Grand Jury to inquire into all matters that
are brought before their notice by the prose-
cutting officer, That is well understood. 1t
is well known that English Grand Jurors
have oftentimes-and probably it is q part
Of the common law of England inquired
nto such naattere, bs the gu-sr4 40 not aware
IF any statute of the Constitution, or of any
practice in Federal Courts, which would
make it the duty of the Grand Jury to in
luire inro and investigate matters embodied
n either Of these questions.
The Court does not intend to say that you
ray not make such inquiry, but then it is
outside of your judicial duties, and if you
make report to the Court, | have no power
o act and can do nothing than to file it
With the records of the Court; and, there
ore, it cannot be regarded as the duty Of
irand Juries in Federal Courts to make these
Inquiries. 0ff'71 ' l-a5 r
You will now retire, gentlemen, and pro-
eed with the business before you"