Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1861-06-08

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following essay, by a legal gentleman
Of that city. We commend it to the
attention of the reader: asa
I.-TREAs0N.
Asthere is no crime more atrocious
thsa that which has for its object the
snbvcrsion of those laws and institu-
tions which have been ordained by the
people for the good order, peace and
happiness Of society, so there is none
which more keenly arouses the indig-
nation of good citizens against its an-
thors. Such crime is treason. It
was for this reason that the trainers of
our Constitution, exercising wise and
dispassionate circumspection, keeping
in view, on the one hand the necessity
of perpetuating the Government, and
OH the other hand having an eye to the
viper who might, by the very blessings
of that government, be warmed and
noursbed into powerful agent for its
destruction, deemed it more safe to de-
fine that crime by fundamental law,
deliberately framed in advance, under
the influence of no resentment, before
they could know on whom it was to
operate, and when they were entirely
free from the passions and excitement
which an act of treason could not fail
to excite. Hence it was that the crime
oftreason, unlike most others, is de-
fined in the Constitution itself; and the
following is the definition:
Treason against the United States
shall consist only in levying war against
them, or in adhering to their enemies,
giving them aid and comfort.
In order that this crime might not
be extended, by construction, to doubt
ful cases, the founders of the Repub-
lie further protected the accused by
providing that no person should be con-
vctcd Of it unless on the testimony
Of two witnesses to the same overt act,
or on confession in open Court. Since
the organization Of the Government,
the cases of Burr, Blennerhassett. Day.
ton, Bollman and Swartwort, Floyd,
Tyler and the two Smiths, Fries and
Mitchell, have successfully arisen, in
which Judges of the Supreme Court,
in their province of Interpreters of the
Constitution, and also the Circuit Judg-
es in some instances, have been COM
PEELED to declare what is and what is
not "levying war against them (hc
United States) and what Is "giving
them (thcir enemies) aid and comfort. u
When Aaron Burr was on trial for
treason, his counsel, especially Edmund
Randolph, contcnted that the mere as
scmbling of armed bodies of men for
the overthrow of the government or
Of resisting the execution of the laws
of the United States, was not levying
war and therefore not treason. He
maintained that the armed ,semblage
must have been employed--that is,
must have taken some action towards
carrying the purpose into ctfect-be-
fore conviction for treason could be
had. Also, that unless Col. Burr was
personally present with tho armed as
semblage having this purpose in view,
he could not be convicted, even as an
accessory. Substantially the same rca-
souing was employed by counsel in the
in the case Of Bollman, of Swartwout,
of Fries and Mitchell. '.t..-5 n
Both these positions are untenable; i;
and nothing can be more unsafe or
unwise than for any citizen to fatter
himself that he can tamper indirectly
with treason and escape the extreme
penalty which the law affixcs to tho
crime when directly committed. If a
body of men be actually assembled
with the design to effect, by force, a
reasonable purpose, all these who take
any part, however remote from the
scene Of action, yet, if they be actually
leagued with the design, are in the
judgement of the law traitors, tor this
constitutes q levy;ng Of war, and that
is treason. ~ NJ
Conspiring to overthrow the govern
ment, although a heinous offence, is
not treason. The enlistment Of men
to serve against the Government is not
levying war, but it ia giving aid and
comfort to the enemy, aud hence it is
treason. The travelling of individuals
to the place Of rendezvous is not sufti-
cient to convict them Of the crime. 1t
is all equivocal act-not necessarily one
of war. 1t is not on assemblage. But
the marching of bodies Of men from
places of partial to general place Of
general rendezvous, would bc such an
assemblage.
q If there be a design to revolutionize
by force the Government established
by the United States in any of it's Ter
ritorics, or to resist BY force the execu-