Daily Democrat and news. [volume] (Davenport, Iowa) 1859-1864, 1861-01-22

Ia Th9 e1citabn people@N New YORK
|sppSk to shspe bete considerably
.url bised at til ctarge delivered in
that city BY Judge Smalley Il Demo-
craft of the United States Circuit Court
to the Grand Jury, on Monday last, de-
fining the crime Of high treason, and
showing that not only those who are
now actively engaged in the secession
movement in South Carolina are guilty
Of tbal offence, but that also those Who
furnish them aid and comfort encounter
the risk Of mourning the penalty Of
death, which the law Of 1890 affixes TO
this crime. Tie gist Of the doctrine thus
laid down may be found 10 the following
extracts from the charge referred to:
"What overt acts, then, constitute
treason ? A mere conspiracy to subvert
BY force the government, however hagi-
lious the crime may be, is not treason
To conspire to levy war, and actually
levying war, arc distinct offences.
III body Of people conspire and med
itate insurrectIon to resist or oppose
the laws of the United States by
force, they are only guilty Of a high mis-
demcanor but if they proceed to carry
such intention into execution by force,
they are guilty Of treason by levying
war.
In the language Of Chief Justice
Marshall: 1t is not the intention Of
the court to say that no individual can
be guilty OF this crime who has not ap-
peared in arms against his country.
"'On the contrary, il war be actually
levied-that is, il body Of men be &C
tually assembled for the purpose Of e.
tecting, by force, a reasonable purpose
all those who perform any pari, hoso
ever minute, or howeuer remote from the
scene of action, and who are actually
leagued in the general conspiracy, are
to be considered a. traitors.'
s'As the court has already said to you
the combination and assemtIage Of a
body of men with design Of seizlng,anJ
and the actual seizing Of the forts and
other public property in and near
Charleston, South Odrolina, and in
some other States, is a levying Of a0ar
against tie United States. Consequent
~, any and every person who engages
therein is regarded by the Law as levy
ing war against the United States and
all scho adhere to them are to be re-
gardcd as enemies, and all aoho giUe
them aid and comfort, IN South Carols
na or Ne,o York, or in any portion Of
the United States, or elsewhere, come
within the express provisions of the first
section Of the act Of April 3Oth, 1890,
and are guilty Of treason.
"What amounts to adherng to, and
giving aid and comfort to our enemies,
it is somewhat difficult in al cases to de-
fine; but certain it is, tnat Furnishing
than NTH arms and munitions of acdr,
cessels, or OTHER means of transportation
or any materials phich soiH aid the
traitors IN carrying out their traitorous
purposes, aciM a knowledge that they are
intended for such purposes, or melting
aud encouraging others to engage in or
all the traitors in any way, does come
within the provisions OF the act. And
it is ilnmater al whether such acts are
Induced by sympathy with the rebellion,
hostility to the Government, or desire
for gain.
-Unuer the second section OF the act
of 1890, ali who have any knowledge of
any such acts OF treason, and do not, as
soon as possible, make it known in the
manner therein prescribed, are guilty Of
misprlsion of treason, and subject to the
punishment therefor"