New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-07-14
extoning i!s alferaoo or repeal Of oyerthrowing
the lawful supremacy Of tie United 9 ates in any

Ghle must DO Tor public or gea6TOI, ana not mere
private object IL nut cO.temIl late for n the pur-
sut Of its eod; 1t mus in order TO rpen INTO tiesso,
be accompanied or foil wed 10y some waIike act sncu
as the assembling OF men in military array al III te
posture OF var il fnrrihe aud ttreaiei1 atli'
tuOe, for the iurherauce O' Tue ueasonable tesSrs
"fo constitute an actual levy Of war there must ne
an asemtly Of persons mt for treaeonah'e purpose,
and some overt act done, or some attempt tnhde oy
them, with force, TO execute, or toward eNe'ning,
that purpose. There must be present. intention 70
proceed 10 the execution OF the eaouabe rur os' ny
force. Tle assembly NUT nov b. 10 condition 10
il II Becessry, 10 uther or TO all, or 70 ACCOM-
plish their reasonable deign. II the assembly l. ar
rHyed III military manner for the express purpose on
oyerawing or ilrimidaing the public, and TO at'ealt
to carry into eiec the nate design that VIII q,
itself amount 10 a levy of war, ntioogh no actual
blow has been struck, or engagement has taken
place"
However aagitious may he the crime of con-
spiracy 10 subyert by force tire Government oil our
country. such conspiracy is not ireasOn. To conspre
to levy var, aud actually TO levy war, are dtt'net
ohcnref.'
"The tyorelipg Of individuals to the place Of rem:
d-zvous VOL J. efhaps. not be suiIcieut This w"ud
he eQnivocsl act, aid hae no waIllke appearance
TIE meeting OF particular Jodits OF wen aud tleir
MAJ chang from pieces or partial TO place OF genera
rendezvous, would be overt sct.' secret meet
q although thai meeting be Of consiirors' and al
ib,rgh net with reasonable intent, IL not an AZ
tusl ieyyi'g OF war
Tie distinctions thus drawn msy he more briefly
paiied or not followed by REASONABLE net, Is not
treason. conspiracy to levy is DOT an actual
levyirg Of war. The assembling Of men, or an astem-
llage 10, IN military array. or III an ot'ude OF war,
will not lie an overt act. The assembEgu must be
varlike asseNLage-must he IN suf iet force TO have
tie appearance or posture of war, or must bave re-
tohed to orcbe OPT oeiOn, ar mat have msrcteo III
bodies detGchuehts toward some place OF rehoel-
vous done other oTep, y-ibe act oil Wal, Oe-
fore the overt net has been committed.
On ,iis point Il is appreheDdtd that you will have
very little difficulty; for wien war actually exists in-
qu les into tie p'ei eiers, gu. cessvely ak'n from
the uc iion Il the rearoatie dessn the ms overs
nc may be Of lrss Importance tnn AN Investigation III
TIE acts dUDe toward ing it on, or ~ giving AID
aud comfort to The enemy, in adherence Is cause.
When war exists Ill who are lea. u d in the general
conspiracy. and perform any 81 the val us aru ersen
tsl military paiis of prosecuting il, are guilty Of ira
son. Thus, commIs,ary who ia az dsianoe from
the scene Of active bill afy oreiaiio g. and who may
never Lave beeu p'cseit AT any hoetie Gstembhge, or
even seen the rebels In camp IN mill nry array,
may, by furnishing sup lies to the traitvuue orre, be
az gully as if taken in attic with i, his haud-.
~ may il be with officer commissioned TO recruit,
who enl-s AID forwards men 10 MI the rebel raks;
or with any O,ber lemon who voluntarily furnishes
them y i h money arnfr, ammunition, provisious or
tupIliee OF who otherwise porfrIns IL be be leagued
ia tie general scheme, auy Of the various eeehual
parts which, 10 carry Jog Oh War, must be ASSIGNED
10 difere ipCh iduhlr." IL Is necessary however,
that be should have been e'gued m the general con-
stiscy and have 81 performed some part toward is
prosecution for both the afcnt aud 1ct must eNisi or
the crime has tot been Terleiritec-is tot conIlrie
Ifthe asunsbl iutet does exist, however tue overt
act nay COZ srt not oily IN fur ishing men, mouey,
arms, provisVnr, bat alSo IN giving nt.lligence
whereby tie enemy may better CONDUCT In. hostile
movements, be -HNcd from feveee- or aidfd III his
laur IL Ubyion,ly OF great nomebt TO be accurate
Is informed OF the buu aud posi- Ion OF an OPT osing
free, aud Of err plan 81 campaign OF intendod move
ueDts At tune, DO more important aid cab lie gyeo
Act al presee IN The hOslile ranks m,y be ~ lar les
syiiante 10 the foe than me, communication frou
q csiace couceLiuy tie movements Of TIE oprOsing
force, whether Hctuai or contemplated.
Alter war has been rbised, then, the plain duty Of
every one Is 70 refrain from whatever sfls can con-
tibnte TO The eu-my's advantage or ~ istnnco. In
foreign waIs all private communications intercourse
III ,rJe between the cOuiending n.Iious are later
oi ted; but In insurejionafy nrveme 10, thorc not
i,hguei IN rbe general cOn-l ira siGDg Therein,
are rot uecesa y fort idJeu all private Intercourse
trade with peaceful AID pat iosc u hens re'iie
within the iu-urrciicDary detii l.. WHAT the policy
OF Ser de,sno .s If stat % ~ iss
tie judicial dei auneuf determine; for II N ouly
IN, or i've exiting fasts growing oct Vi aciion ~
tho political departments; md apply tie eta l-hcd
rules Of law 10 those heis rs they are prrstne'i.
Mbeti e. the Government sBll aiSnme condriOn of
pesce or war, loI,gu domestic, II OF witbin the
prO,iuee Of tie jgoi,hry to d. cdei or the wai-mAk-
iuR power i not Nested in the jvoi,ary depaumrn'.
When fYuiga var exits, there eau DO very hile
officially il ascrrai. ind WI al aes amount 10 sufh an
adherence 10 tie eueny, living BIN nld aud comfort,
ae fills within that oehi ron OF trensou bat ~ do
mesiio cnilicts or IeJ, 'ns aud iDsur,e, tous, tie
legal rule is necessarily the same IN bll Cases and
st all sisgee Of bOstile movements.
liza cizen Of the ULiied States durings foreign war
adj the eneuy, ing him nd aid comfort, lie
violate bis allegiance aud II trhOri and eve act
done toward carrying domestic war, an igeur
zee ion rti.eJ b, Ameiiin cizens against their own
Government, il done BY one owing allegiance 10 the
Unied stts, aid with tho nteut 10 inhber The rea-
sooabe object ny fail whiu The definition OF hwy
ing war, aud therefore TIE hitter species Of treason
to broad enough 10 eyoiy such act during a
telliUn or inrurrection Whatever, during iorcign
war; would "udheriug 20 the foreign enemy,
giving bin aid aud comfort, would, generally be tre-
son duri an bsuu' ciion If dOue IN lido the Insult
Iectioniss. Hence il IL rule Of law, thai the Join.
ing with Iehe. Ia ~ act Of rebellion, or with enemies
in an MT Of hostility, will ma.o a n,an traitor.
Far is ing rehes OF enemies with money arrns, am
Inunivn or other necessaiies will prtmd Jeeie make
lBab u tfuitor.
"SaIr nderinga castle TO rebels, being in confede-
rscy With them, i treason under tie chuso OF ev,ing
war; aud would be the holding against the Govern
meut Of any q lie forts arsena or ships OF war, or
attafki the sae lrcacheronsy delivering them up
~ the reLeE."
Ia tie exeree Of constitutional authority and snpre
macy, the Ulied States Government bus Legal night
10 ,erd it's ttups into any State Territory VI tho
United States, and to Keep them there; aud any
auent by tOttile force, through voience or by ss-
seubng in military array or IN the GESTURE Of War, to
keep troob out Of such State Territory, or TO
dr,e out those already there, to oppose their
marching, sojou ming, or remaining In such State or
lie lioJy; ANY assembling OF armed men In military
array, or aih wallke sppearance, or IN force, Tor
such treas onatle purpose aid isis given
10 those epgsg,d in such reasonable attempt. kow.
pgly aud with tie in ent TO further their teasopabe
ds sign would be treason against the United Saleo."
Il II eefary sIetify Ia detail eacb every
act or combination Of sts which may fall hin the
general rules already stated became acts which at
hue and under some circumstances do not amount 10
TREASON nay mt Other tues and under other circun.
sisbces be the most fragrant treasons lUdeed, the
mnby improveB eis ia The ordinary sris OF peae as