Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1861-05-21
MORNINGLEADER.
TUESDAY RIORNTNG, MAY ~, 1851.

ACKNOWLEDGEMENTS
FUEsD1Y M0RNTNe. HIGY n, IssI.
HON. 8. z. lVO iCRsrER5s CaARek
T0rtks Grand Jury Of The SandusIy C0uHt
CoHmoH Pea Curt FF.iaoNt Aay Is, 1851.
DEFINING TREASON.
/ GETLKlIEE ;-In addition 10 whatt huEi
said IN respect 70 your general dutiesas Crane
Jurors. Il seems tome proper in the pFeseH
unhappy and distracted condition Of on
country, 10 cali your attention 70 an act de
lining and pnnishing Treason, passed At thl
present session of TIE Legislature Tressoi
is said 70 BE- the highest and most iagran
crime known % The law. The governneH
under which psEsoH lives Is bound % pro
tsct him, and BE- On bis part IN return 20
that protection, owes il allegiance ant
hdelit5, and n all proper ways is under OBJ
legation 70 support and maintain Il The
purpose Of the person who commits Treason
is 10 subvert and overthrow, or to aid il
sabverting andoverthrowine his government
/ The wrong that Is committed BY man who
4 is guilty Of ordinary crimes, such g murder
robbery or larceny, involves in Is end con.
sequences, In common case, to but a very few
persons. But not so with Treason. The
consultation, laws, and customs Of anstior
are established and maintained for the com.
mon protection, safety and well being Of al
the subjects Of the government, and all who
NAV he within It's limits. When these an
snbEerted or destroyed, the indispensable
safeguards for the protection Of all the interest;
Of society are aWsptAWay, Anarchy, discord
and excess follow, and are involved in com
mon danger and rain. There is no longer
any adequate and proper security for the
l life, liberty or property Of any one. Such
are some Of the consequences Of sueoessful
Treason. lI ~
For several months past the people Of seven
or more of the States Belonging to this Q nion
have been and still continue in open rebellion
against the United States. It is not neees-
sary OF proper for me upon this occasion ic
comment upon ths history Of this rebellion
the causes that have led to il, or the reasons
or pretexts upon which it Is justified OF
excused BY those now engaged in it Il is
sufficient for my present purpose TO refer &c
lie scquiesced existence. The men who have
SET it On foot and who are now carrying il
lcn, have At different places organised and
/ armed military and naval forces IN open and
avowed hostility TO the United States and
those forces are now IN arms for the purpose
Of subvertihg our National Goyernment.-
/ They have by force of arms captured and
seized the nints, coin, ships, forts, aEsenals
custom houses, arms and munitions Of wal
belonging to the United States, and not only
still retain them, bat are now using them a
| a mast ~ thar means e, ,varshr,ur fta CIV.
ernment. --- glul-s IA s55. ), p.
They have set up and claim to have estab
! lished within the hmi e Of the United State:
a new government known as the Confeder
ate States, IN hostility TO the laws and Insti-
futions Of tbs United States. Within The
limits Of this new government they have de.
| fed The laws and annulled ths Constitution
Of the United StateS nd. compelled its pub
lie officers to resign and abandon their oficia
duties, or in case Of refusal hsve forced then
to leave the country. They claim to have ab
solved all persons EithiR the limits Of this new
government from the allegiance due 70 thl
United States, and claim to have caused thai
allegiance to be transferred to the COnfeder
ate States. They have levied and are now
/ carrying on war against the United States
and haEeassnmed in an ways the characte
and attitude Of public enemies. All concerned
in this movement, under the laws of thl
United States, are guilty of frtason to th'
Government, and now in open rebellion; anC
j the President of the-United States, IL
/ order to prevent the destruction and overthrow
Of the government, and to protect thai Nations
Capitol has been compelled TO call 11s thI
militsry forces of the country for the parposu
of suPpressing the rebellion. The relati0n
then, now existing betesR the United Stste
and the sO-callei Confederate States, ar
those of actual war, and those relations ar
to governed and controlled By laws appli
! cable to q state of war.
Il was in view Of this distracted and ca
lamitous condition Of the country, that oui
Slate Legislature, for the hrst time since on
State has been organised, has thought prop
er to pass an act such as the one to which
have referred for the punishment Of Treason
The Constitution Of the United State define
what acts shall constitute treason to the Gen
eIal Government and a law Of Congress
passed in the year 1880, provides for its pun
ishment eapiiaIly Under this act of Con
gress this crime may be committed by am
person who owes allegiance to the Unitel
States, and person within the meaning 3
this law is said to owe allegiance to the gey
ernment, who resides within its limits AM
enjoys the benefit and protection Of its laws
whether q native or foreign born. The sub
jects of the law Of this State to which haV
referred are persons residing in the State, AM
it provides for both the punishment Of Trea
son against the United States, and the Stat
of Ohio. It is entitled "An act for the ptR'
ishusnt Of Treason.Y The iirstseetiOn OF th
law enacts, that
HIf any peraoR or persons residing in thi
Stats shall lew s0dr against this State or th
United States, orshall knOpilgy adlsrS lo u
enemies Of this Stgts or the Udsiisd etdiss, gin
iHq them aid or comfort shall be deeme
gnilty Of treason against the State Of Ohio
and on conviction thereof shall be imprison
ed in the penitentiary during life.
This section, Is viii be seen, involves an
defines two distinct crimes. lst. The levy
iugof war against this State or the Unite
States. I'd. Adhering TO the enemies &
either, giving them aid or comfort.
The Constitution Of the United States de
fnes Treason TO the United States substan
tally as it is defined in this law. It make
il consistin leyying war against the govern
meDI of the United States, or in adhering
its enemies, giving them aid and comfort.
It is highly honorable TO the people Of th
United States, as well as creditable TO ou
Government, that the crime of Treason ha
been very rare, and consequently, we hsE
very few judicial decisions giving construc
ton TO the language used in the Gonstitr
ton defining treason, or showing what ovel
acts are TO be regarded as leyyiAg war or aC
herring to enemies, giving them aid and con
fort. The question as to what constitute
the levying OF war, within the meanin
Of the Law, appears to have been more full
considered in the case Of the United Stat'
vs.. Burr, decided in the year 1907, than
any other reported case. In that case tt
court appears 70 have found that there was