Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1861-01-18
JUDGE SMALLEY'S CHARGE.
Secession,as Guilty of Treason

A friend in New York has sent us Slips
containing the charge ofJUDGE SMALLEY to tho
Grand Jury in the L. S. Circuit Court at
New York Monday. It will be seen thar
the Judge, with elearness and DECISION
worthy of high praise from all men, sets be-
fore the Grand jury the acts Of secession o.
now going on in the Southern States as
rREAsoyABLE acts, and that all who are en-
gagged in those movements or aiding and abet-
ting them, are amenable to the law as
TRAITORS and also that all who are priyy
to such reasonable schemes and do not re
veal them to the proper authorities, are
guilty of mtsyrlsion Of treason, and punisha-
BILE accordingly; and he urges upon the
Grand Jury the duty of inquiry into the
subject, and Of presenting faithfully and
fearlessly the offenders 50 that they may be
punished
Jan II, pursuant to notice, the grand
Jury Of the United States Circuit Court at
tended at twelve O'Clock to hear
what the Court had to instruct them on.
Judge SMaLLEY addressed them as follows
GENTLEMEN OF The GRAND JUET-The court has
requested your attendance this IaOrnin ing 10 order
to call your attention and to give YOU some instruct
ions in relation u crimes which have long been
unknown in cur hitherto peaceful AID happy
country, which for mere IAN fifty years the ie-
de7al courts have not been c3llei upon to lnves-
tiga e, and which are therefore very lmperlectiy
understood in the community. Yet enc OF them
Is the highest crime known to the law, IN any
civilized country. 1t is that Of high treason
Resent painful event. make II the duty OF the
courts 10 defae 20 you what constitutes the offence
and also what constitutes the sscr crime OF mis-
prisiou Of treason, that you may inquire whether
either have been committed by any person OF
persons within the jurisdiction Of this Court ana
if YOU are sati=d-d that either have, that they
may Be presented to tie court t. be deai with nc
corling 10 law.
And also that those who desire 10 be good and
true citizens may be iorewarned, and not lsr0-
rautly and unwittingy be led llt1 the c'mmls-
sion Of any acts 10 vic,tion Of the laws Of their
country. ari which would make them guilty Of
either Of those often e.. 1t IS Unnecessary at this
time t. enter into an elaborate disqUsltln OF the
law # treason. The constitution Of the United
States clearly defines IN what It consists. The
third section Of the third article provides. that
T Z
in leyying war against them, ur IN adheriis 20
their enemies, giving them aid AMI comfort -
AGAIN the same section provid that "tne Con
gress shall have power t. declare the punishment
Of treason.
n pursuance Of tie power thus conferred, c n
cre-s pas-' set. which was approved AFrl ~,
1890 which proyi es Ia section one. that II any
person or persons owing allegiance 20 the United
states 90 America, shall levy war against them,
W shall adhere 70 their enemies, giving them aid
and mort within the Juitet States or else
where and shall be thereof con5ictoi. on coUfes-
sion I'D open court or the testimony Of two wit
ness,s to the same overt act Of treas hereof be
or they stand Indicted such person or persons
shall BE- atjudccj guilty If treason against the
United States, and SHALL suffer death
See .. That if any person or persons, having
k0.WloI-e Of the e. u-..ssion 90 any OF the trea-
sons aforesaid, shall c,nceal, auJ uot, as soon as
"a. Y be, disclose md make ku the same to the,
Pre-id.nt % tLc United states. OF some ole 81
the judges thereof 60 the president OF governor
q particular state. 9r some one 90 the judges
or justices thereof such p rsou ar pers0ns.0n con-
yieti,n shall be soj1d-ed guilty of 0.tslr',eq OF
tJctso. 4l3 shah i- iIpiis.Iel Lot exceeding
seven years, lud insd r5t exec. i.n5 oae thousand
dollars.
1t is well known tlst wa5-civiI war-e1i-t'
in portions Of jAe (Ll.u-
That persons ovjas allegiance to The CIited
States have cuu- ferat-i --lt. r. and with -rus
#
ccutlon Oh Tie t'A-'i11ti5".l a~- ' O'N51's' nave
ioIc'Iy se'4e4 El-A t"l -,.A O. u I',A L'1'- an
post ece' .oTt-' aI. eia., Ne'se.s and o'ntf pc
perry belonging To- 'be n'leI states Aad nave
actually bred upon vessels bearing ne hl'e'
state tag an carry ids Hit,i t1'.7 'IC,
th'- Il a usuI Pa''. IL t-5 q" =. ' ~ 80
80 ~ 81 -, 81. d. IA ,-r.ritute HIN
,-sas.1 Ta.r. nv, he no doubt rfit.
49,. al 1.,-,.5i - 3D., ,-r-i.
INN t...a,, . i. scrs a-.ed up,irr the urc-
te,i.l 7ufI..lit, -. tt. Is-isIatu-e. ora Coptcr-
ti.n e ne Fa..l Of any state ~ gftbe ofcer.
appointed d. retv. or acting hereunder does not
change or affect :l- criminal character Of tn acr
ou.aa Or BODY q / laea can throw t their sl!,-
-,.,, -. i- a. .,-.--,., N, b., t-,- ray NJ,
any state. or The Pcepe Of aly site. acting q
any capacity wlatlyc- slsolye any person there
from
N,iLer South Ca. oll1a nor ans ether 8 ate, csa
legally protect citizens 1 ether states IL evyl1g
vsr ag4.as, t.cir G.y-iaa-ut, any more ilIuc.,
TIC Queen uf G--lt B-i.lja cr 'u- Emperor 3
Fame
Ifaay sucl power Is assumed i; Is without
right. and ,le joIuicd IT. iyidoaI who acts under
it none tlc less guilty Of treason, and liable t
be punished thereon That the slaveLoIJirs |