The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1861-10-01
From the National Intelligene
Law of Allegiance and Treason.

Law OF Allegiance 'nd Treason.
Tho law Of treason and allegiance recently
came up for judicial exam iatlon in the case of
Charles A Grclner, in the unted States Dis
trct Court for the Eastern District of Penn.
sylyania, before Judge Cadwalader. Mr.. Grei-
ncr, it appears, was native Of Philadelphia,
but citizen of Georgia, and was a member
of a volunteer military company in the service
of Georgia, which shortly before the secession
Of that State. BY order Of the Governor took
possession Of Fort Pulaski, within its limits
over which Jurisdiction had been ceded to the
Federal government. The company garrison.
ed the fort until the G orga ordinance Of Sc.
ccssion was published, when, without having
encountered resistance, they loft it in possess
ion Of her government. AT er these acts
Greiner visited Pennsylvania, and WAS there
arrested under charge Of treason. The Court
held
!. That though his immediate purpose in
visiting Philadelphls was apparently neither
bclligerent nor REASONABLE, the motive OF his
visit was, on account of his prior hostile rele.
tious to the United States, liable to just sus-
susI icion. He was required, therefore, to
give security to keep the peace, and be of
constitution aud laws Of the States.
III. When a body, large or small, Of armed
men j. mustered in military array, for Il treas
enable purpose, every step which any one Of
them takes 10y marching or otherwise, in part
execution OF this purpose, Is AN overt act Of
treason in leyyiug war. Any such aggrava-
ted branch Of the bHp Of oHegianc', to an
existing government as may tend to lis total
or partial subversion is, in a general sense,
within the political definition Of treason.
Ill. Their occupation of a fortress, in order
TO take it from the dominion of government
to winch they owe allegiance, is treason in
guv,iv "r,v".rvn snu pos. thoGgh they may
encounter no hostile resistance in tho capture
or the detention.
". A private soldier or subordinate officer,
serving under the command of n military su
peiiur, cannot excuse a reasonable act on the
gtound OF compulsIon, unie's he WAS forced,
under personal fJar Of death. into tho SER
vice, and quilted it as soon .as he could. The
long cstn bIi,hed doctrine is that the fear Of
having houses burned, or goods spoiled, is no
excuse in the o c OF the law, for joining and
marching with rebels; the only force which
excuses, on the grounp of compusion, is force
upon the person and present fear Of death,
which force and fear must continue during all
the time Of military service with the rebels.
Y. This doctrine applies wherever and So
long as the duty Of allegiance to an existing
government remains uuimpaired. Though
revolution is impending, the allegiance con.
tinucs to be due, SO long, at least, as the
courts Of justice Of the government are open
to maintain it, peace, and afford the ciiz'us
the protection which is the foundation Of hi,
duty Of allegiance
VI. The accused owed a two.foll alIcgi-
ance TO the United States and the State Of
Georgia. Iii, duty Of allegiance to the Uni.
ted States was co.eXtensive with the juri,dic
ton Of their government, and wa. TO thIs ex
tent independent of aud paramount to his iu
ty of allegiance 10 the State. 1t continued
to be thu, paramount, 20 long at lorst Il. tho
courts Of the United State, could exercis"
their jurisi ction within the States. Though
these G urls have been closed since lae cap
ture Of the fort, there was, il It's date, 10 such
con licliug allegiance to the State as made
him public enemy to the United States, in
contradlstinclion to a traitor.
VII. Tue provision of the constitution that
no person shall be convicted Of treason unless
on the testimony Of two wtnc6se, to the same
overt act, or on confession in open court, Is
inappIcabIe to preliminary hearings and com
mitmeuDs by ma iotrates or proceedings before
grand juries; it is limited to the trial Of in
dIctments. 4 person, however, SHOULD not be
indicted or imprisoned under a charge of trca.
son when there is no rational probability that
the charge, if true, can be proved by two wit
neSses on the return trial.
This opinion, remark, the Boston Post, cuts
up 10y the roots tie hercsy Of State allcgi
ancc superior to the allegiance due to the
United States. With the fall Of this theory
goes down tho claim at while the soldier or
the citizen obeys the government Of is state
he is 40 traitor, but acting rightiully as under
the command of master he should obey. 1t
also affords all reasonable protection TO those
unhappy men in seeded or quasi seeded
States, who, though loyal themselves, are sur
rounded by the enemies of the Republic.