Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-10-02

fOrQS At VIII. IRON my IN ODSefVdl1OuS anu uet
the neghboring people have told me- therefore, n
have no doubt that the Upper Potomac can be Cross
ed with safety by q large and well appointed army
at almost any place between Leesburg and the falls
and any time between this and the first Of No
Eember. without danger of being cut off from the
base of its operations. Should the people Of Mary
lard, Indeed. prove as true to we have reason
to believe. that State might Of itself easily be made
the base Of operations. Especially would this be
the case if the recent Of Gen Lee r:sult IN
driving the invader completely of the soil of North
western Virgins, and gaining possession again Of
the Baltimore and Ohio Railroad from Grafton
down. The enemy would then be completely check
mated on all sides-at Harper's Ferry, at Lees
burg, at Arlington Heights and st Alexandria
while the union Of the two victorious armies would
soon drive the oppressors Of Maryland back to their
own soil
Il is not believed here, indeed, that the enemy
will make any very decisive stand anywhere; but
will blow up the Capitol buildings and abandon
Washington on our first advance. They have not
the men, and cannot get them; and if they could,
they could not make them stand. The moderate
people of families and substance have ne interest
in continuing the support of this Black Republican
war, against every principle Of justice, and with
out the possibility of bringing 1t to the conclusion
they first proposed and will not do it, further than
they compelled to by the presence Of Superior
force. Our advance, therefore, viii not only be
the emancipation Of all good people from the I'M
heard of tyranny, now reigning in the North, but
4 =
Throughout Maryland we shall be hailed as an
my of deliverers.
The shore Of the Lower Potomac below Alexan-
| drla is even more rough and rugged than that
above. IL was SO difculs for heavy artillery, in
deed, that the direction Of the invading army wGs
! changed. after it began its march, and only two
days before the battle Of the 2lst Of July. With
the exception Of the immediate shore IN the vicinity
of Alexandria all the rough country is held BY US,
and can be made strong position for further ope
n the time II furnishes abundant
| forage for the army Of occupation From thence,
also under the protection OF batteries IN progress
of erection all along the Virgins shore, army
can safely be moved across the river into Lower
Maryland as above. Washington would then be
and on both sides, and seeing the danger Of being
cut off from communication with Annapolis and
Baltimore, the despots there e1thrOned would not
long discuss the propriety Of retreat. It's doubt
full, indeed, if they could keep an army there day
without the risk of losing large portion OF them
prisoners and all their stores, artillery and am
munitioI az spells; certainly, not army so de-
moralzed as that which fed in panic from Bull
Run.
AS to the people of lower Maryland, there can be
no doubt Of their almost unanimous sympGthy with
our cause. They have favored Us from the be-
ginning aud continue to favor US, the whole people,
in the most marked manner, and frequntly at the
rsk of their lives Their country, indeed, is now
nearly the only one through which fugitiyes from
the North can reach their homes and friends in the
Confederate States with safety. An army Of deiV-
eranee, such as we shall soon be in condition to
send them, would everywhere be hailed with rap
ture and joy. They would, moreover, furnish 10
US, of their abundance the means for fur Their pros
ecuting the war, if necessary.
Northern Law of AIIsEiancs and TreaIOn.
The law of treason and allegiance recently came
up for Judicial examination in the eaSe Of CHLRLas
A GREIxER in the United States District Court fer
the Eastern District Of PenhsylVAns, before Judge
CADwALADER. Ar. GRERER, it appears, was a native
Of Philadelphia, but citizen of Georgia, and WaI
member of q volunteer military company in the
service of Georgia, which shortly before the
sion of that Stats. by order of Der Governor, took
possession of Fort Pulaski within its limits over
which Jurisdiction had been eeded to the Federal
Government The company garrisoAed the fort
until the Georgia ordinance of secession was pub
lished, when, without having encountered resistance
they left it in the possession of her Government
After these acts CEEpER visited Pennzylv2nia, and
was there arrested under charge Of treason. The
court hsld:
l. That though his immediate purpose in visiting
Philadelphia was apparently neither belgerent nor
reasonable the motive Of his visit WAS on account
of his prior hostile relations TO the United States,
liable to Just suspicion. BE was required there
fore, to give security to keep the peace, and be Of
stitution and laws Of the United StatsE.
II. When body, large small, Of armed men il
mustered il military array for reasonable pur-
pOse every step which any Of them takes by march
leg otherwise, in part execution of this purpose
is overt act Of treason in levyinG war Any
auch aggravated breach Of the duty # e'sgi to
an tsistiRg Government may tend TO its toial or
partial subTerSiOn Is in general sense within The
political definition of treason.
III. Their occupation Of fortress, in order to
TAX II the dorainiau Of which
they allegiance is treason in every one Of them
concerned in the capture or subsequent detention
Of the post. though they may encounter no hoHtile
resistance il the capture or the detention.
". A private soldier subordinate officer Eerv
ing under the command of = military superior,
not eIcuse a tressonable act on the ground OF com
pulsion unless he was forced, under peFsonG fear
OF DEATH into the service and qusted it IS soon ~
ne could The long established doctrine is that the
fear of having houses burned goods spoiled is
excuse the eye Of the law for joining and march
ing with rebels; the only force which it excuses
the ground Of cOmpulsion is force upon the person
and pr, seat fear Of death, which fJTcS AL
fear must continue during all the time Of military
service with the rebels.
V. This doctrine applies wherever and 30 long ~
the duty Of allegiance to existing government
remains unimpsred. Though a revolution is i'm
pending, the allegiance continues 70 be due 40 long.
at least, TIE courts of justice Of the government
are open TO maintain its peace, and afford the cIti
that protection which il the foundation OF his
duty Of allegiance
vi The accused owed two fold allegiance
to the United States and to the State Of Gsorgi
His duty Of allegiance TO the United States was
cOeItensiye with the Jurisdiction Of their gov
ernment and was to this extent independent
OF and paramount to his duty Of allegiance to
the State. It continued TO be thus paramount
long, at least, the courts of the Uni
ted States could exercise their Jurisdiction within
the State. Though these courts hsvs been closed
since the capture Of the fort there WAS ita date
such conflicting enforced siegisnes to the State
"a made him public enemy OF the United States,
in rontTadstinctiOn to traitor.
VII The provision OF the Constitution that no
person shall be convicted Of treason unless the
testimony of two witnesses to the same overt act,
or on confession in open court, il inspplic&Se to
prel!m.nS hearings and commitments by nagis-
trates edngs before grand uries it il lin
i d to the trial Of indictments. perGOn however
should rot be inflicted OF imprisoned under charge
OF treason when there is rational probability that
the charge, if true be proved by two witnesses
the future trial.
Seque4tratIoa Proceedings in Richmond.
There is lately apparent increase of Vigour in
the proceedings Esrs, under the seq1astratIon act
defeat the attempted svasOns of IhS law &ad the
peculiar lodges Of the GaGkeeS 70 relieve them
selves from Its operations. In pursuance Of the
spirit Of the law, and with the obviously just and
proper view Of retaliation for tAe arrest Of our es-
iz1ns in the North, who bad gone there to protect
their business interests. the Government has au-
thOriz1S Gen. Winder TO execute the arrsat Of all
Yankees who may adventure here in tie concern
for their former rights property in the South.
The Government iR quite competent and juAt enough
to determine and administer these rights equitably
without the interference and tricks Of Rew Corners
1t is estimated that the Yankee property under
he han m fbn rf in h.