The sun. [volume] (New York [N.Y.]) 1833-1916, 1861-01-15
The law Of Treason and NIbpri-o. ef
THE GRAND JrRr INSTRUCTED TO rrSp Bills
AGAINST PARTIES AIDING AND ABErrISa
TIP SECrysJoNIsrs

OF he tinted states Circuit Court attended At twe
o'clock 10 hear what the Court had 10 instruct them
on. The jurors having answered 10 their names,
Judge sxALLrI addressed them a. follows:
GENTltskS or ruE GR,sp buRr The Court hsp
requested your attendance this morning In order "
call your attention aud give you some Instructions in
relation TO crimes which have long been unk noyyn in
our hitherto peaceful and happy country which, for
more than MY years, the federal courts have not
been callei uun tn investigate and which are there
fore, very impcievtly understood In the community
Vet one of them " the highest crnIs k,s,wn to the
hN IN any civilized country: II is thSt of high tres-
-ou. Recent painful events make II the duty of the
courts 10 define to you what constitutes, lc offence
and ais" what constitutes tie lesser crins u mspri.
sou oi treason, that you may inquire whasher either
have tcen committed by any person or per.yns with
IN the Jurisdiction Oi this Court and II yot are t
hed That either have, that they may be presented
to the Court To I've dealt with aSurdiug ~ law.
Ani alsb that thoSs who desire bc gui aipl true
citis,ns may bc iorcwarned, ami not iInransly AMI
unNi'tingyh I've led into the cutnmsson Of my acts
IN " vhatun oi the laws "f their country aud which
would make them guilty of either oi thoac uGcir,r.
II il unnecessary at this time to enter into All ellr-
ste diswSition uf,he law of treason. The cNhditu-
tun I the United States clearly defines IN what IL
consists The third section tthe third article pro-
Vidcs, that treason against the United State shall
CONSIST ony IN ievy.ue war against them, in al.
heringt thcir crcinics, giving thCn aid and comfort
Again, VIE same s,cion Ioytdcs that "the Congress-
sha 1--we p-wer J." declare the punishment VI tea
-On."
In pursuance " the power thus conferred, Cnn.
Li'ss passed an net, which wns approved April 30
1880, which prov drs Ia section one, "that IL any
inein ~ rcts"ns, owing allegiance ~ the United
states oi Am'Ic', shall levy war against ,hcm or
snsll ndNcrc tp the enemies giving them aid and
comfort, Within the United States nr elsewhere, and
si"l lie uCrcni convicted, on confession IN open
court az un tuC testimony uf two witnesses h. the
same uYCrt ',I ot tr,a,un whcrtNr he or they shall
stand indicted, such person ur persons shall hr nd-
yudgct Eulty oi treason against the United Sptes,
and shall suffer death"
scc, p That " any person or rcrz,nS having \
knowledge OF tnc comm s''"n " any Of the trrs
s"i's'd, shall conceal, and ut, as soon ~ may Oc,
diS'tu-t And make known the same t. the "preSdpnt
of the United States some ono of the Judges there
u' or To- tie President or Governor Of n particular
state, or some one of the Judges justices thereof
d gullty ot miSIT1sOn oi treason, aud shall lie i'm.
rtiS ned MT exceeding seven years, and fined MT
c"dng one Thousand dollars"
II Is well known that war--ciyil yar--cx.sts il,
IsHttIuns ut tie linton.
TlN, persons owing allegiance to the United states
have oonicder'ted together and with arms, 10y fprre
hni intimidation. have prevented the execution "
the constitutional acts OF Corl:ross, have t,rcibly
seized upon AMI hold custom house aud post uilcc,
i"tI "rscmls vessels AMI other property be.on ding
T. the United State, tUl have actually frei upun
vessels hcnrim. the United St,tcs nLg and carry ylng
United States trnpa.
This Is . usurp,t,ou Of tho suthority Of the fcle
ral government Il high treason ly lcvyinI war;
Either one Of those acts will constitute high trca-
s'n. There c5In I've no dOuls nf IL.
The t't that any or all engaged In the msSuu
OF these outrageous acts acted un Ter the pretended
authority If the legislature, or convention OF tho
psple "t any state Of the officers appointed thereby
or acting hereunder does no, change nor effect tao
criminal character ot the Act.
NJ man ur holy Uf men can throw of their ale
ginnce To- their government in that way. Nor cN,
any state, or tie people Of any state, acting In any
csIacity whatever, ab>nlvo any person therefrum.
Neitcr South Carpina nor any other state can
authorize, legally protect citizens of the other
stiicr IN lcrying war agIins, their government, any
more than the Queen Of Great Britain or the Emperor
OF France.
II any such power Ia assumed II IL withou, right
and thu deludod individual who sc,- under Q, Is none
ish~i sherefm. That the slave-holdina stssos have
jus, cause "i complaints again-. some of their sister
states is ament.by - true that the Legislsturr
OF rovern state- have passed acts which arc In d..
Ct conflict with ot the painest provisions NJ the
constitution ot the United States, which acts were
Intended ~ deprive the alavohodng states u rights
expressly guaranteed ", and important ~ them, L
we'll known.
This Is greatly tn be rcgre,toi and IL IL hoped and
believed that the sober, sOnd thouIht oi tho pls
OF those states will induce them b. do Justice to them
solves well M " q cir southern brethren aud
hcir loyalty h. thc constitution AMI the Union, by
~ipng nj. such acts from thuir statute broks.
But the i,ct tint Oi the states hive ptgscd I'M
constitutional acts, eau afford justification fpr
b lliun AMI civil war, ar breaking up federal
Union, which was formed by the patriotism AMI wis
dom, cuncllatun and COMPROMISE Of our fathor--in
which our PROSPERITY ~ people has been unparsel-
ei IN the history ui iIIiIuirS,
such Legislative acts, however, are not laws Doing
Ia violation of the constitution of the United States
they aiC moro nulliti,, and oil who attemp, ~
iOirc tl'm tr" themselves viOators Oi tho law and
cnn bN and III some Instances hAvo been punished NJ
SuCh,
WHAT over nets, then, constitute trcasonS A mere
c"uSl 'Ncy to sulycrt by force the government, how
evci tagituu. tho crime may be- In nj treason. To
conspiic To levy war, and actually lo'yins war; sre
distinct Offences.
Fab dy Of ,eoplc con4pIrc and md tate All insur.
rect'on to resist or oppose the laws of the Uuioi
st't' ly force, they are only guilty Of high m do
msanor bu, II they proceed to carry such intention
into execution ly t"ice they are guilty Of treason ly
ltvyiug wnr.
In the language Of Chief Justice M,rsnAL--"I, Is
not The intention Of the courts Ln y That NJ ndyid
uaI can I've guilty "a this Crue, who has MT appeared
IL arms against his country.
On the contrary II wa be actual l'y"d, that II,
II body II men lc actually assembled Tor the pur-
pose ui ,''ectng hy force, rcnsonihe purpose all
those who perform any part, however minute, or
however remote from tue gene Of nrtion and who
are actually lcagI"l IN the general con piracy arc u
b considered ~ trultuTE,"
Asthe Court have already to you, the o"mbinr,ion
snd asFcnblage "f body n men with the design oi
.eyng and the actul seiZng Of the forts and other
public ppIcrty IN M AMI near Charleston, South
Carolnn, and In some other states, Is leyyins Of
war against the United Stltc1
Consequently, any AMI every person who engages
therein Is 10y the law regarded az evyng war against
the United States nnd n whO dthsre 10 them n
In REGARDED ~ enemies, and rho gre them aid and
co1ItOt, an SDnh forOliHa Or Nn1 YORK. any other
Jrtlun ui the United States elsewhere come W, th-
In the express provision, Of the LIST section o the al
of SOth ui April, 1900 aud are guilty IL ftreaspn
W INT NlIlhlllNh W hll'illY W. hil giving hni
comfort Ia our enemies, Il Is smewhst difict In all
to d.nc but certain II IN that furnishing them
with arms. ur munitions ui war, vessels or other
means oi transportation, any materials which will
aid the traitors IN Clnyng out their taitnTious pur-
ID-es with knowledge that they ~, intended for
such purposes, or inCting and encouraging others ~
engage IN or aid the traitors In any way, does come
within the provisions of the Hct. And 1t II imm,ter-
al whether such acts are induced Ivy sympathy with
the rebellion, hostility u the Government, or desire
iT gain.
Under tho second section Of the nc, Of 1900 all who
lave any knowledge Of any such nets Of treason,
and do not, ~ soon ~ possible, make u known
in the manner therein prescribed ara guilty OF mis-
prison Of treason, and subject " the PuniHhment
therefor.
Your Inquiries must be confined 10 oif 'nces cpln-
nhtted within the uTi SCtlon Of this Couri that Is
within the Southern district Of New York, and upon
the high seas. Although there may Ia question
whether the jurisdiction Of the Court IN such case
IL not more extended you will Tor the Tesoft con
fine your inyeSii CATIONS to the limits prescribed
Within this limit, II In your right anl your duty h
inquire whether nny Ier-n or parsons have been,
according " the principles Of law laid down by tht
Court, guilty Of treason or nsprisn Of treason, and
II you satisfied that either Oi these offences have
been committed W faithfully AMI esrla-sly present
the Offenders that they may Do punished.
l II Is the duty, and II will unquestOnably 10 TIN
desire, Of all good and true citizens, b. do, IN theit
respective spheres, everything In their power y
SUPPRESS rebellion, eIpore treason, and bring trai
when the Grand Jury were in the other day, one
Of the members OF your body submitted certain
questions 10 the Court, which shall now proceed h
l answer "firSt. Whether II is the duty Of the
| Grand Jury to inquire into vio ations OF the Law
i which may be accidentally brough, ~ their know
l ledge, and which have not been presented by III,
/ District Attorney, and which he had no knowledge
/ Of" IN reply ~ that, the Court would say, gentle
men, that you are not necessarily continsd ~ offence
to which your attention may lie called by the prose
1 cutting officer
In any one Of you have reason N believs that an,
Of the laws Of the Federal Government have been VIC
lated, you at liberty W inquire into the matter
whether NOT your attention has been called " ID b.
the District Attorney. unqueetionably you have
/ right " make the investigation. The second nquir
is whether ID In expected Of the Jury " exainin
into tho detention Of felons and witnesses W thei
safety, trestmept and comfort, and ~ " wheshe
any persons are kept an unwarrantsbls time bsior