Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1861-05-22
United States District Court.
TREASON AND MIspRIsIoN OF TREASON
[From the pittsburgh Legal Journal

From the pittsburgh Legal JOurhel'I
The following charge ofJndge McCand-
less, delivered TO the Grand Jury OF the
United States District Court at Pittsburgh,
on the 9th instant, is particularly impoi>
tant a. this time, as defining the offences
of Treason and lMisprision Of Treason:
McCAYDLEss, J.-The oath which you
have taken indicates the nature of your
duties and responsibilities You are 20
diligently inquire, and true prcaertment
make, as well of all such matters as shall
he given you in charge as those things
i YOU know 20 be presentable here. y GU
will present no one throu gh envy, hatred,
or malice, nor will you leave any ore an
presented through fear, favor, affection,
reward, or any hope thereof; and what
transpires in the jury room you will keep
secret. You will have before you the
ordinary cases which occupy the attention
OF this Court-counterfeiting the coin of
the United States. and offences in viola
ton OF the laws regulating the Post Office
Department.
In this district, composed of nearly two
thirds of the counties of this Common
wealth, recent events have shown that
the people are loyal to the Government,
support of the measures initiated by the
constituted authorities for its preserva-
ton. While this will be a source of graft
iticatiOn to you, it is painful to remember
that this the best Government ever deN
vised by the wisdom of man, is now as
sailed by foes of her own household, and
in imminent peril of dissolution. Unlike
the Whiskey lnsurrection, which con-
vulsed this sectionof the country seventy
years ago, this rebellion involves, not
merely individuals, but State sovereignr
ties, and Ess acquired dimeusioas without
,arslel IN history. That was Quelled
by an army under the inyinciMe General
and Father Of his Country who laid the
foundations of the Republic, and this will
eventually be suppressed by the over
wEelming and irresistible power of the
people.
In this grave iuncture of our nstional
affairs, which has checked the commerce,
arrested the manufactures, unsettled the
finances, and called to arms the youth and
ohivalry Of the country, it will be your
province to inquire whether any one in
this district has been guilty o. offences
against the Government OF the United
States.
Treason is a capital offence; its penalty
is death, and, although Grand Jury of
this Court may find true bill, il can only
be tried in the Circuit Court. The same
Judge may preside in both Jurisdictions,
but the trial of this, the highest offence
knoSn to the law, is assigned TO the higher
and more august tribunal, 50 aggravated
is this crime, involving as IT does the sta
blity of the Government, as well as the
lives, liberty, and property of the people !;
so wide was the latitude of construction
given to it. in the early periods OF the
English law, that the wise authors of the
Constitution defined it in the fundlmcn-
tai instrument itself. Treason against the
United States (says the third section of
the third article) shall consist cnlv in
levying war against them, or adhering TO
their enemies, giving them aid and COM
fort.
As was we'll said ny my brother Belts
Iof the Southern District of New York, a
patriotic and Just Judge the other day, in
charging the Grand Jury of his Court
giving aid or comfort to the enemies of
the country consists in furnishing military
supplies, food, clothing, ! arbor or cons
cealment. or communicating information
to othem, helping therein hostlIities against
he country and its Goverpment. SO loyal
are the people of this district, do not
believe that any charges will be laid before
= you, but if they are, owing to our location
at the portals of the valley of the Missis-
sppi, they will probably come under this
definition of the crime.
TO quote from the same authority, in
i i, a, e, ,,igh htn ~
be included acts of building, manning, or
e in any way aitting out or victualling steam
: boats, or orher vessels, TO aid the hostll>
ties OF our enemies sending fuel, provi-
sions, arms, or other supplies to them
raising funds, or obtaining credit for their
service indeed every traitorous purpose,
: manifested by acts committed in this
district, by persons owing allegiance to
the country, vii! be Treason. 1t is not
necessary that the accused should hi We
raised or created var 10y his own acts he
{ levies war 10y acting with those who have
set it on foot, or by seizing or holding
> forts, or like acts of hostile aggression.
: There is another crime, gentlemen o
! the Grand Jury Of Il kindred nature, not
! defined in the Constitution, but the pen
, atty for which is described by the Act o.
, Congress of the Both of April, 1900
: it is Misprision OF Treason. Misprision
is the concealment 'ol something that
ought to be revealed. Mispri,ion OF Trea
Z son consists in the bare knowledge anc
concealmeEt of Treason, withom asSaang q
IT, Or as the act of 1890 describes it, " i
n any person, or persons, having knowledge
, of the comm sion of any of the Offences
, aforesaid, shall conceal, and not, as soon o!
may be. disclose, and make known the same
to the President of the United States, oi
some one of the judges thereof, or to tn,
. President or Governor of particular
State, or some one Of the judges or justc
I es thereof such person, on conviction
q shall be adjudged guilty of misprsion o.
treason, and shall be imprisoned no. ex-
: ceeding seven years, and fined, not excee
i ding one thousand dollars"
This is an aggravated offence, for every
good citizen is bound to reveal whatever