Daily Richmond Whig. [volume] (Richmond, Va.) 1861-1862, 1861-12-24

IL Is NO! ~ ID Wol
And the brave only know
how strong must be the trusty arm that gives him blow
for blow!
Twill never do to falter-we must fight the battle out
There's glory for the true In Lies campaign:
They who 6ght the battle well shall the longer 1--we 10 tell
How the craven we're dshonored and the faering false
ones fell.
With the alan With the sllinl
Oh, eternal be the gsin-
The vctorwrsath Of brows that win tho palm without
stain.
Richmond Dec 2lst, 1861
TREASON STATE, AND NOT A FEDERAL,
OFFENCE.
To The Editor cfMs Wig:
There lev words that seem to be les. understood
in America, than tho word treason Id England, tho
term has definite Specification. There tho comprising
the Kings death, by covert or overt Is treaso
high treason Ia this country treason was described
with sufficient dsnctness In the old Articles Of Confed
Grafton but when the States in order to perfect their
union, formed tho Federal Constitution, they seemed to
have lost all ideas Of treason and as II gnoran. Of the
scope and intent Of the term inserted provision in that
instrument, authorizing Congress to dtfue what should
be regarded treason against the United States and Con-
gress in its wisdom ordained that treason should con.
o.os ~ wv tnineo' Al it'lElB war against the
United States" and 3D. ain sSrding their enemies aid
ard comfort !" which latter might be done in variety
of ways not expressly pointed GU. In the statutes but
which were subject for judicial decision Under tie
laws off 1gess Aaron Barr tried for treason, and
acquitt. but am not that any other tal for
the like csnce has occurred since the adoption of the
Federal Constitution. The of the notorious Johf
Brown recently tried ard executed for treason doe not
form exception for this was case Of treason against
the State Of Virginia.
When the Confederate States adopted, with scme al.
terations Of language, the Federal Constitution for their
government they retained tot,dsm sssJis that pors
ton Of 1t which related the subec. of treason where
BY the Congress of te Conf derate States is authorized
to deae what shall! be regarded treason against the
Confederate States This the Provisional Congress has
notyetdone. But Judge Halyburon Confederate Judge,
Of this CITY In and elaborate charge TO the Grand
Jury resting on Federal presidents seems to take for
granted that treason against the Confederate States
sists in "evyiDg sgains; them and in s,rdng their
enemies aid and corlot; and 10 treating the latter
branch Of the subject be has ioduIged great copous
ness Of illustration. What means IL easily under.
stood, but IL is not so easy in country where Ignorance
OF the law Is no apology for the commission Of crime
for every TO comprehend what Of aid and com.
fort" rendered to the enemy Is reasonable The sub.
ect seems recently to have peeIed the minds Ct many
people, particularly Ia Tenne ssee snd % desire bas
expressed through the newspapers that additional
light should be shed upon il for their guidance in these
times Of peril.
What treason really IS in this country can be best
understood by reviewing the of our early
han fba lua A.
allegiance to the mother country they became in the
language Of the Declaration Of American Independence
free, sovereign and independent Ssates' Under the
old Articles Of Confederation, il Il expressly declared
that each State retains It's sovereignty and ndepend
eace !" and, when the States in Convention assembled,
framed the new Cor situon, called the Constitution Of
tho United States there Is evidence that they surren
dered particle Of their original sovereignty but only
devised convenient mode for lis exercise In GER
tain respects The Federal Constitution was ordained
and established by the people Of the Several States for
their own government and was as much form of gov.
eminent OF the Sates the several State Copsi
tutons This Ia expressly declared in the Preamble TO
the Constitution, and If the States arc spoken of an
united nothing more implied by the term, than that
there was common consent among the States FOR this
form Of governmen-no. that there was any such thing
as soi disan union outside OF the States above the
States and paramount 10 them, but only an union Of
the S.aks inter &C. unioa deriving all lis vitality.
strength and permsnence from State action. This
conclusion Is strengthened BY what Ia omitted from
the Preamble, as well by what Is Inserted in IL
for we find no reference made in Il to phrases now
In common use, and which If found there would
have had deep Significance, suci as the Uniop.-
" the Federal Government" "the General Govern.
msnt' the Federal Republic "the Republic of the
lifted States, the great American Republic" atbe
Nation Of the United sta.es-phrases nov without spy
meaning except such as parz ln regardless of State au
thorty,-the only political authority existing in this
counry-have for their own ambitious alma chosen 10
gvsthem Each Slate Is, strictly speaking, nation,
But there Is no nation composed Of States, called the
United States constituting Independents nation, In this
country and there never has been This view derives
strong additional confirmation from the stages through
which the Preamble to the Constitution Ia which occurs
the pbriss "ths United States parsed, before lie FINAL
adoption by the Convention OF the Sates It no. we'll
known to those with the history Of the form
alton or the Federal Constitution that the original phrase
10 the Preamble no. We tho people Of the United
States but We tie people Of the States anitedni
the people Of those particular Statrs which had united
together to form the Constitution. The Preamble "A Il
originally stood, went on 10 enumerate the particular
States, VIZ: New Hampshire, Vermont, Massachusetts,
Connecticut &c, a., naming nine States the reo,isi,s
number and leaving out Of the those State.
that had not yet 'ined in the compact When the re-
cu'snt States came In, the enumeration Of the States was
omitted and the phrase. We the People Of the united
States a. being more appropriate was substituted for
the former one. The change, however, vas mi ,dcious
'nd mlschievous. Soon the word united" was begun
With eplta, and formed part Of what was ss.er,srds
country, nation, consolidated govern.
mont sall enough Of the original phrass0legy uss ~.